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Carriage By Air

TITLE II. CARRIAGE BY AIR
 

Chapter 1. General provisions

Art. 604. – Scope of application.
The provisions of this Title shall apply to the carriage of persons, baggage or goods by aircraft whether for reward or free of charge.

Art. 605. – Definition of aircraft.
Any apparatus capable of raising or circulating in the air shall be deemed to be an aircraft within the meaning of Art. 604.

Chapter 2. Transport titles

Section 1. Passenger’s ticket
Art. 606. – Issue of ticket.
1.    A ticket shall be delivered to any person to be carried by air.
2.    The ticket shall show:
a.    the place and date of issue;
b.    the name and address of the carrier;
c.    the place from and to which the passenger is to be carried and the places of call, if any;
d.    the fare of transport.
3.    The ticket shall contain a notice informing the passenger that the carrier’s liability is limited for death or bodily injury and for the loss of or damage to baggage.

Art. 607. – Purpose of luggage-ticket.

1.    Unless the contrary is proved, the ticket shall be proof of the making and conditions of the contract of carriage.
2.    The provisions of this Title shall apply and the contract of carriage shall be valid and remain in force notwithstanding that there is no ticket or no valid ticket or the ticket has been lost. Where the carrier agrees to a passenger embarking without a ticket or where the ticket does not contain the notice provided in Art. 606 (3), the provisions of Art. 636, 637 and 638 regarding the carrier’s limited liability shall not apply.

Section 2. Luggage – Ticket

Art. 608. – Issue of Luggage-ticket.
1.    A luggage-ticket shall be issued where registered baggage is to be carried by air.
2.    The luggage-ticket shall show:
a.    the place and date of issue;
b.    the name and address of the carrier;
c.    the number of the passenger’s ticket;
d.    the place from and to which the baggage is to be carried;
e.    the number and weight of the pieces.
3.    Where the luggage-ticket is not connected with a passenger’s ticket under Art. 606 or is not included therein, it shall show that the carrier’s liability is limited in respect of the loss of or damage to the baggage.

Art. 609. – Purpose of luggage-ticket.

1.    Unless the contrary is proved, the luggage-ticket shall be proof of the registration of the baggage and of the conditions of the contract of carriage.
2.    The provisions of this Title shall apply and the contract of carriage shall be valid and remain in force notwithstanding that there is no luggage-ticket or no valid ticket or the ticket has been lost. Where the carrier accepts the baggage without a luggage-ticket or where a luggage-ticket is not connected with or included in a passenger’s ticket and does not contain the notice provided in Art. 608 (3), the provisions of Art. 637 regarding the carrier’s limited liability shall not apply.

Section 3. Bill of lading

Art. 610. – Issue of bill of lading.
Any carrier of goods may require the sender to prepare and to hand to him a document called a bill of loading. Any sender may require the carrier to accept such bill of lading.

Art. 611. – Bill of lading not issued, not valid or lot.

    The provisions of this Title shall apply and the contract of carriage shall be valid and remain in force notwithstanding that there is no bill of lading or no valid bill or the bill, has been lost.

Art. 612. – Copies of bill of lading.

1.    Three copies of the bill of lading shall be prepared by the sender and delivered to the carrier together with the goods.
2.    The first copy shall bear the words: “for the carrier” and shall be signed by the sender.
3.      The second copy shall bear the words: “for the addressee.” It shall be signed by the sender and the carrier and shall remain with the goods.
4.    The third copy shall be signed by the carrier and hlll1ded to the sender after the goods have been accepted by the carrier.

Art. 613. – Signatures.

1.    The carrier shall sign the bill of lading before the goods are loaded.
2.    The carrier’s signature may be replaced by a stamp. The sender’s signature may be printed or replaced by a stamp.
3.    Unless the contrary is proved, the carrier shall be deemed to act on behalf of the sender where he prepares the bill of lading at the request of the sender.

Art. 614. – More than one parcel.

 Where more than one parcel is to be carried, the carrier may require the sender to prepare separate bills of lading.

Art. 615. – Particulars in the bill of lading.

1.    The bill of lading shall show:
a.    the place and date of issue;
b.    the place from and to which the goods are to be carried;
c.    the name and addresses of the sender, the addressee and the first carrier;
d.    the nature, number of pieces, volume or weight of the goods;
e.    the distinguishing marks or numbers affixed on the parcels, if any;
f.    the condition of the goods and the nature and condition of packing, if any;
g.    the cost of transport;
h.    the time within which and the route whereby the goods are to be carried.
2.    The bill of lading shall contain a notice informing the sender of the carrier’s limited liability for loss of or damage to the goods.

Art. 616. – Bill of lading to order.

    Where the sender and carrier agree, the bill of lading may be to order.

Art. 617. – Bill of lading not issued or incomplete.

    Where the carrier accepts goods to be loaded without a bill of lading having been prepared or containing the notice provided in Art. 615 (2), the provisions of Art. 637 regarding the carrier’s limited .liability shall not  apply.
1.    The sender shall be liable for the accuracy of the statements he makes in the bill of lading.
2.    He shall be liable for any damage caused to the carrier or to a person for whom the carrier is responsible arising out of irregular, inaccurate or incomplete statements in the bill of lading.

Art. 619. – Effect of bill of lading.

1.    Unless the contrary is proved, a bill of lading shall be proof of the making of the contract, of the receipt of the goods and of the conditions of transport.
2.    Statements as to the weight, size and packing of the goods and to the number of parcels shall be deemed to be correct unless the contrary is proved.
3.    Statements as to the quantity, volume or condition of the goods may be proved against the carrier only where the accuracy of the bill of lading has been checked by the carrier in the presence of the sender and the result of the check certified on the bill of lading, or where such statements relate to the apparent condition of the goods.

Chapter 3. Rights and duties of sender and addressee

Art. 620. – Right of sender to dispose of the goods.
1.    Where he carries out all his duties under the contract of carriage, the sender may dispose of the goods, either by withdrawing them from the airport at the place of departure of destination, or by stopping them at a place of call or by causing them to be delivered during the carrying or on completion of the carrying to a person other than the addressee named in the bill of lading or by requiring them to be flown back to the airport at the place of departure. .
2.    The sender may exercise his rights under sub-art. (1) where no damage is caused thereby to the carrier or other senders. He shall be liable for all expenses arising out of the exercise of such rights.
3.    The carrier shall forthwith inform the sender where instructions given by the sender under sub-art. (1) cannot be carried out.

Art. 621. – Failure to produce bill of lading.

1.    A carrier who complies with instructions given by the sender without  requiring the sender to produce his copy of the bill of lading shall be liable for any damage caused thereby to any person who may have regularly obtained the bill of lading.
2.    A carrier who has paid compensation for damages under sub-art. (1) may claim against the sender for the reimbursement of such compensation.

Art. 622. – When sender may not dispose of the goods.

    The sender may not exercise his rights under Art. 620 as from the date when the addressee may exercise his rights under Art. 623, unless the address cannot be found or refuses to accept the goods or the bill of lading.

Art. 623. – Rights of addressee.

1.    Unless the sender exercises his right under Art. 620, .the addressee may on the arrival of the goods at their destination require the carrier to hand to him the copy of the bill of lading and to deliver the goods to him.
2.    The provisions of sub-art. ( 1 ) shall not carrit:3 out his duties as to payment and lading apply unless the addressee transport under the bill of

Art. 624. – Notice to addressee.

    Unless otherwise agreed, the carrier shall forthwith inform the addressee of the arrival of the goods.

Art. 625. – Loss of the good.

    Where the carrier admits that goods have been lost or where the goods have not arrived within seven days from the date on which they were due,  the addressee may require the carrier to discharge his liabilities under the contract of carriage.

Art. 626. – Rights exercised on behalf of a third party.

    Where they comply with the conditions laid down in the contract of carriage, the sender and addressee may exercise all their rights under the preceding articles in their own name; whether on their own behalf or on be half of a third party.

Art. 627. – Relations between sender and addressee.

    Nothing in Art. 620-626 shall affect the relations between the sender and the addressee nor the relations between third parties who have rights from the sender or address.

Art. 628. – Art. 620-626 not applicable certain cases.

    Any provision contrary to the provisions of Art. 620-626 shall be of no effect unless it is laid down in the bill of lading.

Art. 629. – Information to be given by sender.

1.    The sender shall give all information and annex to the bill of lading all documents necessary for complying with customs, dues or control regulations before the goods can be delivered to the addressee.
2.    The sender shall be liable for any damage caused to the carrier where he does not give such information or documents or gives inaccurate or incomplete information or documents.
3.    The provisions of sub-art. (2) shall not apply where a fault has been committed by the carrier or his agent.
4.    The carrier shall not be bound to examine whether the information or documents given to him are accurate or sufficient.

Chapter 4. Liability of the Carrier

Art. 630. – Injury to the person.
The carrier shall be liable for the death of or bodily injury to a passenger due to an accident occurring aboard an aircraft or whilst the passenger was embarking or disembarking.

Art. 631. – Loss of or damage to baggage or goods.

    The carrier shall be liable for the loss of or damage to registered baggage or goods due to an occurrence having taken place whilst such baggage or goods were carried by air.

Art. 632. – Carrying by air.

1.    Carrying by air within the meaning of Art. 631 shall include the time within which the baggage or goods are in the carrier’s custody, whether at the airport or in the aircraft or in any other place not being’ all airport where the aircraft may have to land.
2.    Carrying by air shall not include any carrying by land, sea or river taking place outside au airport. In cases of carrying by land, sea or river taking place with a view to loading, delivering or transhipping, any loss or damage shall be deemed to have occurred while the baggage or goods were carried by air, unless the contrary is proved.

Art. 633. – Delay.

    The carrier shall be liable for any delay in carrying passengers, baggage or goods.

Art. 634. – Proof of care by carrier
The carrier shall not be liable where he can show that he and his agents     have taken all measures necessary for averting the damage or that such     measures could not be taken.

Art. 635. – Injured party at fault.
The court may reduce or waive the carrier’s liability where the carrier can     show that the damage was caused in whole or in part by the injured party     himself.

Art. 636. – Limitation of liability for damage to the person.
1.    The carrier’s liability shall not exceed Eth. $ 40,000 per passenger. Where compensation is to be paid by way of annuity, the capital of the annuity shall not exceed Eth. $ 40,000.
2.    The provisions of sub-art. (1) shall apply only where no higher limit bas been agreed by the passenger and the carrier.

Art. 637. – Limitation of liability for baggage or goods.
1.    In respect of goods and registered baggage, the carrier’s liability shall not exceed Eth. $ 410per kg.
2.    The provisions of sub-art. (1) shall not apply where the sender on  handing the goods or baggage to the carrier, expressly specifies that he has a special interest in their delivery and pays such surcharge as may be required.
3.    In the case provided in sub-art. (2) the carrier shall pay the agreed compensation unless he can show that such compensation exceeds the sender’s actual interest in the delivery.
4.    In the event of loss, damage or delay affecting part only of the registered baggage or goods or any object forming part thereof, the carrier’s limited liability shall be determined having regard to the total weight of the baggage, goods or object concerned.
5.    Where a loss, damage or delay under sub-art. (4) affects other goods carried under the same luggage-ticket or bill of lading, the carrier’s limited liability shall be determined having regard to the total weight of the goods concerned.

Art. 638. – Objects in the passenger’s custody.
In respect of objects in the passenger’s custody, the carrier’s liability shall     not exceed Eth. $ 800 per passenger.

Art. 639. – Cases where the limits are exceeded.
1.    The limits laid down in Art. 636.638 shall not prevent the court from granting such additional compensation as may be required to cover all or part of the expenses incurred by the plantiff in bringing his suit.
2.    The provisions of sub-art. (1) shall not apply where the compensation granted, not including expenses incurred by the plantiff, does not exceed the sum offered in writing by the carrier to the plaintiff within six months from the occurrence of the damage or before the suit was brought, where it was brought more than six months after the occurrence of the damage.

Art. 640. – Provisions excluding liability.
Any provision relieving the carrier from liability or fixing limits lower     than those provided in the preceding Articles shall be of no effect, and the     provisions of this Title shall apply and the contract shall remain in force.

Art. 641. – Inherent defect in the goods.
Notwithstanding the provisions of Art. 640, the carrier may relieve     himself of liability for any loss or damage arising out of an inherent defect     in the goods carried.

Art. 642. – Legal proceedings.
1.    An action for damages under Art. 6 31-633 may only be brought on the conditions and subject to the limits provided in this Title.
2.    The provisions of sub-art. (1) shall also apply to claims under Art. 630, without prejudice to the persons who are entitled to claim all to their respective rights.

Art. 643. – Liability not limited in certain cases.
1.    The provisions of Art. 636, 637 and 638 shall not apply where it i~ proved that the damage is due to an act or omission of the carrier or his agent, where the carrier or agent knew that such act or omission would or could cause damage.
2.    Where the act or omission is due to an agent, it shall have to be proved that the agent was acting in the discharge of his duties.

Art. 644. – Claim against the carrier’s agent.
1.    Where a claim for damages under this Title is brought against the carrier’s agent, the provisions of Art. 636, 637 and 638 shall apply to the agent, provided he acted in the discharge of his duties.
2.    The total compensation due from the carrier and the agent shall not exceed the limits laid down in Art. 636, 637 and 638.
3.    The provisions of sub-art. (1) and (2) shall not apply where it is proved that the damage is due to the agent’s act or omission and the agent knew that such act or omission would or would be likely to cause damage.

Art. 645. – Acceptance and protest.
1.    Unless the contrary is proved, unconditional acceptance of baggage or goods by the addressee shall be proof that the goods have been delivered in good condition and in accordance with the bill of lading.
2.    In cases of damage, the addressee shall enter a protest against the carrier as soon as he is aware of the damage or w1t1rin not more than seven days from the delivery of the baggage and not more than fourteen days from the delivery of the goods.
3.    In cases of delay, protest shall be enetred twenty-one days from the date on which the delivered to the addressee.
4.    Protest under this Article shall be entered by a notice on the bill of lading or by any other document sent, to the carrier within the periods provided in this Article.
5.    Where protest is not entered in due time, no claim may be brought against the carrier, unless there has been fraud on the carrier’s part within not more than baggage or goods were

Art. 646. – Death of debtor.
Where the debtor dies, claims for damages under this Title shall be     brought against those having rights from him.

Art. 647. – Jurisdiction.
1.    Any claim for damages under this Title may be brought, in the discretion of the plaintiff, either before the court of the place where the carrier is domiciled, has his principal place of business or has an agent who made the contract or before the court of the place of destination.
2.    Any provision contrary to the provisions of sub-art. (1) shall be of no effect.
3.    In respect of carriage of goods, provisions may be made with a view to arbitration, provided such arbitration is to take place in any of the places mentioned in sub-art. (1).

Art. 648. – Limitation.
Any claim for damages under this Title shall be barred after two years     from the day when the aircraft arrived or should have arrived or when the     carrying was abandoned.

Art. 649. – Definition of days.
For the purpose of this Title “days” shall include all days, whether     working days or holidays.

Chapter 5. Provisions applicable to certain forms
of transport
Art. 650. – Extraordinary circumstances.
The provisions of Art. 606-617 of this Code relating to transport titles     shall not apply to carriage taking place in extraordinary circumstances     outside normal operation of the transport undertaking.

Art. 651. – Successive carriers.
For the purpose of this Title, carriage by air undertaken by successive     carriers shall be deemed to be one carriage where it has been regarded by     the parties as a single operation and whether it was provided in one or     more contracts.

Art. 652. – Liability of successive carriers.
1.    In cases of carriage by air undertaken by successive carriers, the provisions of this Title shall apply to each carrier who carries passengers, baggage or goods and the carrier shall be deemed to be a party to the contract of carriage where such contract relates to that part of carrying to be effected under that carrier’s responsibility.
2.    In cases of carriage as defined in sub-art. (1), the passenger or those having rights from him may only claim against the carrier in charge of that part of the journey during which the accident or delay occurred, unless it has been expressly specified that the liability of the first carrier would extend to the whole journey.
3.    In respect of goods or registered baggage, the sender may claim against the first carrier and the addressee may claim l18ainst the last carrier. The sender and addressee may in addition claim l18ainst the carrier in charge of, that part of the carrying during which the loss, whether total or partial, the damage or the delay occurred.
4.    The carriers mentioned in sub-art. (3) shall be jointly and severally liable to the sender and addressee.

Art. 653. – Combined carnage.
1.    In cases of combined carriage effected partly by air and partly by other means of transport, the provisions of this Title shall apply to the carrying by air only.
2.    The parties may make provisions on other means of transport in the provisions of this Title regarding carrying by air.