Νόμοι — ΦΕΚ A' 84/2002

This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for re?ward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

For the purposes of this Convention, the expression in?ternational carriage means any carriage in which, accord?ing to the agreement between the parties, the place of de?parture and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated ei?ther within the territories of two States Parties, or within the territory of a single State Party if there is an agreed stopping place within the territory of another State, even if that State is not a State Party. Carriage between two points within the territory of a single State Party without an agreed stopping place within the territory of another State is not internation?al carriage for the purposes of this Convention.

Carriage to be performed by several successive carri?ers is deemed, for the purposes of this, Convention, to be one undivided carriage if it has been regarded by the par?ties as a single operation. whether it had been agreed up?on under the form of a single contract or of a series of con?tracts, and it does not lose its international character mere?ly because one contract or a series of contracts is to be performed entirely within the territory of the same State.

This Convention applies also to carriage as set out in Chapter V, subject to the terms contained therein. Article 2 - Carriage Performed by State and Carriage of Postal Items

This Convention applies to carriage performed by the Slate or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.

In the carriage of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations.

Except as provided in paragraph 2 of this Article, the provisions of this Convention shall not apply to the carriage of postal items. 1337 Article 3 - Passengers and Baggage

In respect of carriage of passengers, an individual or collective document of carriage shall be delivered contain?ing: (a) an indication of the places of departure and desti?nation; (b) if the places of departure and destination are within the territory of a single State Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place.

Any other means which preserves the information in?dicated in paragraph 1 may be substituted for the delivery of the document referred to in that paragraph. If any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so pre?served.

The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage.

The passenger shall be given written notice to the ef?fect that where this Convention is applicable it governs and may limit the liability of carriers in respect of death or injury and for destruction or loss of. or damage to, baggage, and to delay.

Non-compliance with the provisions of the foregoing paragraphs shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be sub?ject to the rules of this Convention including those relating to limitation of liability. Article 4 - Cargo

In respect of the carriage of cargo, an air waybill shall be delivered.

Any other means which preserves a record of the car?riage to be performed may be substituted for the delivery of an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the con?signor a cargo receipt permitting identification of the con?signment and access to the information contained in the record preserved by such other means. Article 5 - Contents of Air Waybill or Cargo Receipt The air waybill or the cargo receipt shall include: (a) an indication of the places of departure and desti?nation; (b) if the places of departure and destination are within the territory of a single State 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 6 - Document Relating to the Nature of the Cargo The consignor may be required, if necessary to meet the formalities of customs, police and similar public authori?ties, to deliver a document indicating the nature of the car?go. This provision creates for the carrier no duty, obligation or liability resulting therefrom. Article 7 - Description of Air Waybill

The air waybill shall be made out by the consignor in three original parts.

The first part shall be marked «for the carrier»; it shall be signed by the consignor. The second part shall be marked «for the consignee»; it shall be signed by the con?signor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the car?go has been accepted.

The signature of the carrier and that of the consignor may be printed or stamped.

If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the con?signor. Article 8 - Documentation for Multiple Packages When there is more than one package: (a) the carrier of cargo has the right to require the con?signor to make out separate air waybills; (b) the consignor has the right to require the carrier to de?liver separate cargo receipts when the other means re?ferred to in paragraph 2 of Article 4 are used. Article 9 - Non-compliance with Documentary Requirements Non-compliance with the provisions of Articles 4 to 8 shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this Convention including those relating to limi?tation of liability. Article 10 - Responsibility for Particulars of Documentation

The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means re?ferred to in paragraph 2 of Article 4. The foregoing shall al?so apply where the person acting on behalf of the con?signor is also the agent of the carrier.

The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements fur?nished by the consignor or on its behalf.

Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall indemnify the consignor against all damage suffered by it, or by any other person to whom the consignor is liable, by reason of the irregularity, incorrect?ness or incompleteness of the particulars and statements inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other means referred to in paragraph 2 of Article 4. Article 11 - Evidentiary Value of Documentation

The air waybill or the cargo receipt is prima facie evi?dence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein. 1338 ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ) the quantity, volume and condition of the cargo do not con?stitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the car?go receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo. Article 12 - Right of Disposition of Cargo

Subject to its liability to carry out all its obligations un?der the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of de?parture 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. The consignor must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses occasioned by the exercise of this right.

If it is impossible to carry out the instructions of the con?signor, the carrier must so inform the consignor forthwith.

If the carrier carries out the instructions of the con?signor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt delivered to the latter, the carrier will be liable, without prej?udice to its 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 cargo receipt.

The right conferred on the consignor ceases at the mo?ment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or cannot be communicated with, the consignor resumes its right of disposition. Article 13 - Delivery of the Cargo

Except when the consignor has exercised its right un?der Article 12, the consignee is entitled, on arrival of the car?go at the place of destination, to require the carrier to de?liver the cargo to it, on payment of the charges due and on complying with the conditions of carriage.

Unless it is otherwise agreed, it is the duty of the carri?er to give notice to the consignee as soon as the cargo ar?rives.

If the carrier admits the loss of the cargo, or if the car?go has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is en?titled to enforce against the carrier the rights which flow from the contract of carriage. Article 14 - Enforcement of the Rights of Consignor and Consignee The consignor and the consignee can respectively en?force all the rights given to them by Articles 12 and 13, each in its own name, whether it is acting in its own interest or in the interest of another, provided that it carries out the obli?gations imposed by the contract of carriage. Article 15 - Relations of Consignor and Consignee or Mutual Relations of Third Parties

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.

The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill or the cargo receipt. Article 16 - Formalities of Customs, Police or Other Public Authorities

The consignor must furnish such information and such documents as are necessary to meet the formalities of customs, police and any other public authorities before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the ab?sence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier. its servants or agents.

The carrier is under no obligation to enquire into the correctness or sufficiency of such information or docu?ments. Chapter III Liability of the Carrier and Extent of Compensation for Damage Article 17 - Death and Injury of Passengers - Damage to Baggage

The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the op?erations of embarking or disembarking.

The carrier is liable for damage sustained in case of de?struction or loss of, or of damage to, checked baggage up?on condition only that the event which caused the destruc?tion, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the in?herent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents.

If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the car?rier the rights which flow from the contract of carriage.

Unless otherwise specified, in this Convention the term «baggage» means both checked baggage and unchecked baggage. Article 18 - Damage to Cargo

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 event which caused the damage so sustained took place during the carriage by air.

However, the carrier is not liable if and to the extent it ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ) 1339 (b) defective packing of that cargo performed by a per?son other than the carrier or its servants or agents; (c) an act of war or an armed conflict; (d) an act of public authority carried out in connection with the entry, exit or transit of the cargo.

The carriage by air within the meaning of paragraph 1 of this Article comprises the period during which the cargo is in the charge of the carrier.