Airlines have a number of responsibilities in relation to their passengers, cargo, and luggage. International laws provide a worldwide system of standards and rules for air travel. The aim of such international instruments was and remains unifying rules related to international carriage by air. These laws provide minimum liability limits for the carriage of passengers, cargo and luggage in the event of death, injury, damage, delay or loss.
One such Law, introduced in 1929, is the Warsaw Convention. The Convention applied to all international carriage of persons, luggage or goods performed by aircraft for reward.
In 1999, the Montreal Convention (1999) amended the Warsaw Convention and re-established a standard set of rules relating to the international carriage of passengers, luggage and cargo. The provisions of the convention include:
- Unlimited liability in the event of death or injury of passengers
- Advanced payments to meet immediate needs
- The possibility of bringing a lawsuit before the courts in the passenger’s principal place of residence
- Increased liability limits in the event of modernization of transport documents (electronic airway bills and tickets)
- The clarification of rules on the respective liability of the contractual carrier and the actual carrier
- The obligation for air carriers to maintain adequate insurance
Liability of the Carrier and extent of compensation in Tanzania.
In Tanzania, the liability of carriers in aviation disasters is governed by the Civil Aviation Act Cap. 80 RE 2020 as amended by the Written Laws (Miscellaneous Amendment) (No. 3) Act 2021, as well as the Civil Aviation (carriage by air) Regulations of 2008. Tanzania is a signatory of the Montreal Convention 1999 and Chicago Convention 1944, instruments that establish international standards for carriers in various areas, including compensation in cases of death or injury to passengers or damage or delay to luggage and cargo.
The Civil Aviation (carriage by air) Regulations of 2008 establish a duty on the part of a carrier to ensure that every carrier gives written notice to passengers informing them that the regulations may limit the liability of carriers in respect of death, injury, destruction or
loss of or damage to property.
Generally, the carrier is liable for damage sustained in case of death or bodily injury of a passenger. The Law established only one condition: the accident which caused death or injury took place on board the aircraft or during the operation.
Compensation in case of death or injury to passengers:
In the event of death or bodily injury, the carrier shall be liable to compensate each passenger the equivalent in Tanzanian Shillings an amount of United States Dollars 120,000. The only exception to the Carrier’s liability in case of death or injury to passengers is where such damages for injury or death exceed United States Dollars 120,000 (its equivalent in Tanzanian Shillings), provided the carrier proves such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents or where there was negligence, a third party did such negligence.
Compensation for the delay, loss or damage to baggage
The Regulations above named establish liability on the carrier where luggage is lost, destroyed, damaged or delayed. A carrier’s liability in the case of destruction or loss of luggage is limited to United States Dollars 1200 for each passenger. In case of damage caused by delay in the carriage of persons, the liability on the part of the carrier for each passenger is USD 5000.
Compensation in relation to delay, loss or damage to cargo
In the carriage of cargo, the carrier will be liable in case of destruction, loss, damage or delay to payment of United States Dollars 20 per kilogram. The carrier will only be liable to pay more than 20 United States Dollars per Kilogram where the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at the destination and has paid a supplementary sum if the case so requires. In such an instance, the carrier will be liable to compensate the consignor to the extent of the declared sum.
Timeline for filing complaints
The Rules provide timelines within which a person may bring complaints to the carriers related to either loss, damage or delay of baggage or cargo. In case of delay in delivery, a complaint must be lodged within 21 days from the date the person was due to receive the baggage. In case of damage to baggage, the complaint must be made within seven days of discovering such damage. In case of damage to cargo, the complaint ought to be lodged
within 14 days of discovering such damage.
The Regulations remove ALL liability on the part of the carrier in case complaints are not made within the timelines mentioned above unless one is able to prove fraud on the part ofthe carrier.
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