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Article 7

When there is more than one package:

(a) the carrier of cargo has the right to require the consignor to make out separate air

waybills;

(b) the consignor has the right to require the carrier to deliver separate receipts when the other

means referred to in paragraph 2 of Article 5 are used.

Article 8

The air waybill and the receipt for the cargo shall contain:

(a) an indication of the places of departure and destination;

(b) if the places of departure and destination are within the territory of a single High Contracting

Party, one or more agreed stopping places being within the territory of another State, an

indication of at least one such stopping place; and

(c) an indication of the weight of the consignment.

Article 9

Non-compliance with the provisions of Articles 5 to 8 shall not affect the existence or the validity of

the contract of carriage, which shall, none the less, be subject to the rules of this Convention

including those relating to limitation of liability.

Article 10

1 . The consignor is responsible for the correctness of the particulars and statements relating to the

cargo inserted by him or on his behalf in the air waybill or furnished by him or on his behalf to the

carrier for insertion in the receipt for the cargo or for insertion in the record preserved by the other

means referred to in paragraph 2 of Article 5.

2 . The consignor shall indemnify the carrier against all damage suffered by him, or by any other

person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness

of the particulars and statements furnished by the consignor or on his behalf.

3 . Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall indemnify the

consignor against all damage suffered by him, or by any other person to whom the consignor is

liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and

statements inserted by the carrier or on his behalf in the receipt for the cargo or in the record

preserved by the other means referred to in paragraph 2 of Article 5.

Article 11

1 . The air waybill or the receipt for the cargo is prima facie evidence of the conclusion of the

contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein.

2 . Any statements in the air waybill or the receipt for the cargo relating to the weight, dimensions

and packing of the cargo, as well as those relating to the number of packages, are prima facie

evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not

constitute evidence against the carrier except so far as they both have been, and are stated in the

air waybill to have been, checked by him in the presence of the consignor, or relate to the apparent

condition of the cargo.

Article 12

1 . Subject to his liability to carry out all his obligations under the contract of carriage, the

consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or

destination, or by stopping it in the course of the journey on any landing, or by calling for it to be

delivered at the place of destination or in the course of the journey to a person other than the

consignee originally designated, or by requiring it to be returned to the airport of departure. He

must not exercise this right of disposition in such a way as to prejudice the carrier or other

consignors and he must repay any expenses occasioned by the exercise of this right.

2 . If it is impossible to carry out the orders of the consignor the carrier must so inform him

forthwith.

3 . If the carrier obeys the orders of the consignor for the disposition of the cargo without requiring

the production of the part of the air waybill or the receipt for the cargo delivered to the latter, he

will be liable, without prejudice to his right of recovery from the consignor, for any damage which

may be caused thereby to any person who is lawfully in possession of that part of the air waybill or

the receipt for the cargo.

4 . The right conferred on the consignor ceases at the moment when that of the consignee begins in

accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or if he

cannot be communicated with, the consignor resumes his right of disposition.

Article 13

1 . Except when the consignor has exercised his right under Article 12, the consignee is entitled, on

arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to him, on

payment of the charges due and on complying with the conditions of carriage.

2 . Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon

as the cargo arrives.

3 . If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of

seven days after the date on which it ought to have arrived, the consignee is entitled to enforce

against the carrier the rights which flow from the contract of carriage.

Article 14

The consignor and the consignee can respectively enforce all the rights given them by Articles 12

and 13, each in his own name, whether he is acting in his own interest or in the interest of another,

provided that he carries out the obligations imposed by the contract of carriage.

Article 15

1 . Articles 12, 13 and 14 do not affect either the relations of the consignor and the consignee with

each other or the mutual relations of third parties whose rights are derived either from the

consignor or from the consignee.

2 . The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air

waybill or the receipt for the cargo.

Article 16

1 . The consignor must furnish such information and such documents as are necessary to meet the

formalities of customs, octroi or police before the cargo can be delivered to the consignee. The

consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or

irregularity of any such information or documents, unless the damage is due to the fault of the

carrier, his servants or agents.

2 . The carrier is under no obligation to enquire into the correctness or sufficiency of such

information or documents.

Chapter III - Liability of the Carrier

Article 17

The carrier is liable for damage sustained in the event of the death or wounding of a passenger or

any other bodily injury suffered by a passenger, if the accident which caused the damage so

sustained took place on board the aircraft or in the course of any of the operations of embarking or

disembarking.

Article 18

1. The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to,

any registered baggage, if the occurrence which caused the damage so sustained took place during

the carriage by air.

2. The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to,

cargo upon condition only that the occurrence which caused the damage so sustained took place

during the carriage by air.

3. However, the carrier is not liable if he proves that the destruction, loss of, or damage to, the

cargo resulted solely from one or more of the following:

(a) inherent defect, quality or vice of that cargo;

(b) defective packing of that cargo performed by a person other than the carrier or his servants or

agents;

(c) an act of war or an armed conflict;

(d) an act of public authority carried out in connexion with the entry, exit or transit of the cargo.

4. The carriage by air within the meaning of the preceding paragraphs of this Article comprises the

period during which the baggage or cargo is in the charge of the carrier, whether in an airport or

on board an aircraft, or, in the case of a landing outside an airport, in any place whatsoever.

5. The period of the carriage by air does not extend to any carriage by land, by sea or by river

performed outside an airport. If, however, such carriage takes place in the performance of a

contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is

presumed, subject to proof to the contrary, to have been the result of an event which took place

during the carriage by air.

Article 19

The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or

goods.

Article 20

In the carriage of passengers and baggage, and in the case of damage occasioned by delay in the

carriage of cargo, the carrier shall not be liable if he proves that he and his servants and agents

have taken all necessary measures to avoid the damage or that it was impossible for them to take

such measures.

Article 21

1. In the carriage of passengers and baggage, if the carrier proves that the damage was caused by

or contributed to by the negligence of the person suffering the damage the Court may, in

accordance with the provisions of its own law, exonerate the carrier wholly or partly from his

liability.

2. In the carriage of cargo, if the carrier proves that the damage was caused by or contributed to by

the negligence or other wrongful act or omission of the person claiming compensation, or the

person from whom he derives his rights, the carrier shall be wholly or partly exonerated from his

liability to the claimant to the extent that such negligence or wrongful act or omission caused or

contributed to the damage.

Article 22

1. In the carriage of persons the liability of the carrier for each passenger is limited to the sum of

1.500.000 francs (100.000 Special Drawing Rights). Where, in accordance with the law of the court

seised of the case, damages may be awarded in the form of periodical payments, the equivalent

capital value of the said payments shall not exceed 1.500.000 francs (100.000 Special Drawing

Rights). Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit

of liability.

2.

(a) In the carriage of registered baggage, the liability of the carrier is limited to a sum of 15.000

francs (1.000 Special Drawing Rights) per kilogramme, unless the passenger or consignor has

made, at the time when the package was handed over to the carrier, a special declaration of interest

in delivery at destination and has paid a supplementary sum if the case so requires. In that case the

carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum

is greater than the passenger's or consignor's actual interest in delivery at destination.

(b) In the carriage of cargo, the liability of the carrier is limited to a sum of 250 francs (17 Special

Drawing Rights ) per kilogramme, unless the consignor has made, at the time when the package

was handed over to the carrier, a special declaration of interest in delivery at destination and has

paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a

sum not exceeding the declared sum, unless he proves that the sum is greater than the consignor's

actual interest in delivery at destination.

(c) In the case of loss, damage or delay of part of registered baggage or cargo, or of any object

contained therein, the weight to be taken into consideration in determining the amount to which the

carrier's liability is limited shall be only the total weight of the package or packages concerned.

Nevertheless, when the loss, damage or delay of a part of the registered baggage or cargo, or of an

object contained therein, affects the value of other packages covered by the same baggage check or

the same air waybill, the total weight of such package or packages shall also be taken into

consideration in determining the limit of liability.

3. As regards objects of which the passenger takes charge himself the liability of the carrier is

limited to 5.000 francs (332 Special Drawing Rights) per passenger.

4. The limits prescribed in this article shall not prevent the court from awarding, in accordance with

its own law, in addition, the whole or part of the court costs and of the other expenses of the

litigation incurred by the plaintiff. The foregoing provision shall not apply if the amount of the

damages awarded, excluding court costs and other expenses of the litigation, does not exceed the

sum which the carrier has offered in writing to the plaintiff within a period of six months from the

date of the occurrence causing the damage, or before the commencement of the action, if that is

later.

5. The sums mentioned in francs in this Article shall be deemed to refer to a currency unit

consisting of sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These

sums may be converted into national currencies in round figures. Conversion of the sums into

national currencies other than gold shall, in case of judicial proceedings, be made according to the

gold value of such currencies at the date of the judgment.

6. The sums mentioned in terms of the Special Drawing Right in this Article shall be deemed to

refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion of

the sums into national currencies shall, in case of judicial proceedings, be made according to the

value of such currencies in terms of the Special Drawing Right at the date of the judgment. The

value of a national currency, in terms of the Special Drawing Right, of a High Contracting Party

which is a Member of the International Monetary Fund, shall be calculated in accordance with the

method of valuation applied by the International Monetary Fund, in effect at the date of the

judgment, for its operations and transactions. The value of a national currency, in terms of the

Special Drawing Right, of a High Contracting Party which is not a Member of the International

Monetary Fund, shall be calculated in a manner determined by that High Contracting Party.

Nevertheless, those States which are not Members of the International Monetary Fund and whose

law does not permit the application of the provisions of paragraph 2 (b) of Article 22 may, at the

time of ratification or accession or at any time thereafter, declare that the limit of liability of the

carrier in judicial proceedings in their territories is fixed at a sum of two hundred and fifty

monetary units per kilogramme. This monetary unit corresponds to sixty-five and a half

milligrammes of gold of millesimal fineness nine hundred. This sum may be converted into the

national currency concerned in round figures. The conversion of this sum into the national currency

shall be made according to the law of the State concerned.

Article 23

1. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is

laid down in this Convention shall be null and void, but the nullity of any such provision does not

involve the nullity of the whole contract, which shall remain subject to the provisions of this

Convention.

2. Paragraph 1 of this Article shall not apply to provisions governing loss or damage resulting from

the inherent defect, quality or vice of the cargo carried.

Article 24

1. In the carriage of passengers and baggage, any action for damages, however founded, can only

be brought subject to the conditions and limits set out in this Convention, without prejudice to the

question as to who are the persons who have the right to bring suit and what are their respective

rights.

2. In the carriage of cargo, any action for damages, however founded, whether under this

Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and

limits of liability set out in this Convention without prejudice to the question as to who are the

persons who have the right to bring suit and what are their respective rights. Such limits of liability

constitute maximum limits and may not be exceeded whatever the circumstances which gave rise to

the liability


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DESCRIZIONE APPUNTO

La dispensa fa riferimento alle lezioni di Diritto dei Trasporti, tenute dal Prof. Alfredo Antonini nell'anno accademico 2006.
Il documento riporta il testo del d.l. n. 237/04 recante disposizioni urgenti nel settore dell'aviazione civile.
Gli interventi hanno riguardato: vigilanza sulla fornitura di servizi, gestioni aeroportuali, partenza di aeromobili, aspetti finanziari.


DETTAGLI
Corso di laurea: Corso di laurea magistrale in giurisprudenza
SSD:
Università: Udine - Uniud
A.A.: 2006-2007

I contenuti di questa pagina costituiscono rielaborazioni personali del Publisher Atreyu di informazioni apprese con la frequenza delle lezioni di Diritto dei Trasporti e studio autonomo di eventuali libri di riferimento in preparazione dell'esame finale o della tesi. Non devono intendersi come materiale ufficiale dell'università Udine - Uniud o del prof Antonini Alfredo.

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