|
Article 18 - Damage to cargo. |
|
1. 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. 2. However, the carrier is not liable if and to the extent it proves
that the destruction, or loss of, or damage to, the cargo resulted 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 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. 3. 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. 4. The period of the carriage by air does not extend to any carriage by
land, by sea or by inland waterway 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. If a carrier, without the
consent of the consignor, substitutes carriage by
another mode of transport for the whole or part of a carriage intended by the
agreement between the parties to be carriage by air, such carriage by another
mode of transport is deemed to be within the period of carriage by air. |