2. The acts and omissions of the contracting carrier and of his servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the limits specified in Article 22 of the Warsaw Convention. Any special agreement under which the contracting carrier assumes obligations not imposed by the Warsaw Convention or any waiver of rights conferred by that Convention or any special declaration of interest in delivery at a destination contemplated in Article 22 of the said Convention, shall not affect the actual carrier unless agreed to by him. Any complaint to be made or order to be given under the Warsaw Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, orders referred to in Article 12 of the Warsaw Convention shall only be effective if addressed to the contracting carrier. Article IV Article V In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if he proves that he acted within the scope of his employment, be entitled to avail himself of the limits of liability which are applicable under this Convention to the carrier whose servant or agent he is unless it is proved that he acted in a manner which, under the Warsaw Convention, prevents the limits of liability from being invoked. Article VI In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to him. In relation to the carriage performed by the actual carrier, an action for damages may be brought, Article VII By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 17 Carriage by Air Act, 1968 (Chapter 447) Zambia Fourth Schedule (Section 20) Chapter I Scope Article I (1) This Schedule applies to all carriage of passengers, luggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking. (2) This Schedule does not apply to the carriage of mail and postal packets. Article II Chapter II Documents of carriage Section 3 - Air waybill Article 5 (1) Every carrier of cargo has the right to require the consignor to make out and hand over to him an airway bill. (2) The absence or loss of this document does not affect the existence or the validity of the contract of carriage which shall be nonetheless governed by the provisions of this Schedule. The carrier of cargo has the right to require the consignor to make out separate airway bills when there is more than one package. Article 7 Article 10 (1) The consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the airway bill, if any. (2) The consignor will be liable for all damage suffered by the carrier or any other person by reason of the incorrectness or incompleteness of the said particulars and statements. Article 11 (1) The airway bill, if any, is prima facie evidence of the conclusion of the contract, of the receipt of the cargo and of the conditions of carriage. (2) Any statements in an airway bill relating to the weight, dimensions and packing of cargo, or relating to the number of packages, are prima facie evidence of the facts stated; any such statements relating to the By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 18 Carriage by Air Act, 1968 (Chapter 447) Zambia 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 airway bills 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 the obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the aerodrome of departure or destination, or by stopping it in the course of the carriage on any landing, or by calling for it to be delivered at the place of destination or in the course of the carriage to a person other than the original consignee or by requiring it to be returned to the aerodrome 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 not reasonably practicable to carry out the orders of the consignor the carrier must so inform him forthwith. (3) 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 airway bill, if any, or the cargo, or if he cannot be communicated with, the consignor resumes his right of disposition. Article 13 (1) Except in the circumstances set out in the preceding Article, 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 the contract 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 put into force against the carrier the rights which flow from the contract of carriage. 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. Article 14 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 special contract in writing between the parties. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 19 Carriage by Air Act, 1968 (Chapter 447) Zambia 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 of damage to, any luggage or cargo, if the occurrence which caused the damage so sustained took place during the carriage by air. (2) The carriage by air within the meaning of the preceding paragraph comprises the period during which the luggage or cargo are in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever. (3) The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. 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 cargo to the extent of the amount of any such damage which may be proved to have been sustained by reason of such delay or of an amount representing double the sum paid for the carriage, whichever amount may be the smaller: Provided that— (i) the carrier may by special contract in writing expressly exclude, increase or decrease the limit of his liability as above provided; and (ii) nothing in this Article shall be deemed to affect any rule of law relating to remoteness of damage. The carrier is not liable if he proves that he and his servants or agents have taken all reasonable measures to avoid the damage or that it was not reasonably possible for him or them to take such measures. Article 20 If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability. Article 21 Article 22 (1) Subject to the provisions of paragraph (4) of this Article, in the carriage of passengers the liability of the carrier in respect of injury (including injury resulting in the death of) to any passenger is limited to By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 20 Carriage by Air Act, 1968 (Chapter 447) Zambia the sum of 250,000 francs. In a case where damages are awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 250,000 francs. (2) Subject to the provisions in paragraph (4) of this Article, in the carriage of luggage of which the carrier takes charge and of goods the liability of the carrier in respect of destruction, loss or damage is limited to a sum of 250 francs per kilogram. (3) Subject to the provisions of paragraph (4) of this Article, as regards objects of which the passenger takes charge himself the liability of the carrier in respect of destruction, loss or damage is limited to 5,000 francs per passenger. (4) With respect to the carriage referred to in paragraphs (1), (2) and (3) of this Article the carrier and the passenger or the carrier and the consignor, as the case may be, may by special contract in writing agree to a limit of liability higher than specified in those paragraphs. (5) The sums mentioned above shall be deemed to refer to the French franc consisting of 651/2 milligrams of gold of millesimal fineness 900. These sums may be converted into any national currency in round figures. Article 23 Any provision in a contract of carriage tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Schedule, otherwise than in accordance with the provisions of this Schedule, 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 Schedule. Chapter IV Provisions relating to combined carriage Article 31 (1) In the case of combined carriage performed partly by air and partly by any other mode of carriage the provisions of this Schedule apply only to the carriage by air. (2) Nothing in this Schedule shall prevent the parties in the case of combined carriage from agreeing to special conditions relating to other modes of carriage, provided that the provisions of this Schedule are observed as regards the carriage by air. Chapter V General and final provisions Article 32 Any provisions contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Schedule by deciding the law to be applied shall be null and void. Nevertheless, for the carriage of cargo arbitration clauses are allowed, subject to this Schedule. Nothing contained in this Schedule shall prevent the carrier either from refusing to enter into any contract of carriage, or from making stipulations which do not conflict with the provisions of this Schedule. Article 33 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 21 Carriage by Air Act, 1968 (Chapter 447) Zambia Fifth Schedule (Section 20) Article I In this Schedule: (a) (b) (c) "the Convention" means the Warsaw Convention and The Hague Protocol read and interpreted together as one single instrument in accordance with Article XIX of The Hague Protocol; "contracting carrier" means a person who as principal makes an agreement for carriage governed by the Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor; "actual carrier" means a person, other than the contracting carrier, who, by virtue of authority from the contracting carrier, performs the whole or part of the carriage contemplated in paragraph (b) but who is not with respect to such part a successive carrier within the meaning of the Convention. Such authority is presumed in the absence of proof to the contrary. Article II If an actual carrier performs the whole or part of carriage, which according to the agreement referred to in Article I, paragraph (b), is governed by the Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Schedule, be subject to the provisions of the Convention, the former for the whole of the carriage contemplated in the agreement, the latter solely for the carriage which he performs. Article III (1) The acts and omissions of the actual carrier and of his servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier. (2) The acts and omissions of the contracting carrier and of his servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the limits specified in Article 22 of the Convention. Any special agreement under which the contracting carrier assumes obligations not imposed by the Convention or any waiver of rights conferred by the Convention or any special declaration of interest in delivery at destination contemplated in Article 22 of the Convention, shall not affect the actual carrier unless agreed by him. Any complaint to be made or order to be given under the Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, orders referred to in Article 12 of the Convention shall only be effective if addressed to the contracting carrier. Article IV Article V In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if he proves that he acted within the scope of his employment, be entitled to avail himself of the limits of liability which are applicable under this Schedule to the carrier whose servant or agent he is unless it is proved that he acted in a manner which, under the Convention, prevents the limits of liability from being invoked. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 22 Carriage by Air Act, 1968 (Chapter 447) Zambia Article VI In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Schedule, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to him. Article VII In relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option of the plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings. Article IX (1) Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Schedule or to fix a lower limit than that which is applicable according to this Schedule shall be null and void, but the nullity of any such provision does not involve the nullity of the whole agreement, which shall remain subject to the provisions of this Schedule. (2) In respect of the carriage performed by the actual carrier, the preceding paragraph shall not Sixth Schedule (Section 25) Repeals Law Extent of repeal S.I. No. 1206 of 1953 The Carriage by Air (Non-international Carriage) (Colonies, Protectorates and Trust Territories) Order, 1953, of the United Kingdom, as it applies in the Republic. The whole. S.I. No. 1474 of 1953 The Carriage by Air (Colonies, Protectorates and Trust Territories) Order, 1953, of the United Kingdom, as it applies in the Republic. The whole. Cap. 74 The Law Reform (Miscellaneous Provisions) Act. (a) In section two in subsection (5) the words "or any law for the time being in force relating to carriage by air"; (b) in section ten, subsection (6). By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 23