Qatar Trade Law No. 27/2006 Thursday, 19 May 2011 03:59

Article 197

The transporter may confinement the thing to meet the transporting charges and expenses and other amounts which he deserves due to transport.

And the transporter will have a lien on the price resulting from the sale of the thing to fill the due amounts of him because of transport. It follows in this regard, the procedures for implementation on the things mortgaged commercially.

 

 Article 198

Contract of transporting of persons

Contract of transporting of persons is a contract whereby the transporter is committed to transportation of the passenger through certain transportation from a specific place to another place safely and timely, in return of fare.

 

Article 199

The transporter is bound to carry the passenger and his belongings which may be saved by him to the destination, on the time agreed upon or specified in the transport regulations or required by custom.

 

Article 200

The transporter is bound by the safety of passenger during the implementation of the contract of transporting, and is responsible for what the passenger faces physical or material damages as well as losses occur because of the delays to reach the destination.

The transporter’s obligation of the safety of the passenger begins from the moment when the passenger starts to enter the transport means and ends in the moment that the passenger leaves. However, the transporter abides by the common commitment of the safety of the passenger while he was in the place prepared to receive the passenger as a prelude to the implementation of transport.

 Article 201

The transporter may not deny its responsibility for physical injury or physical damage or delay to the passenger except only to prove force or error of passenger or his health condition. And the heirs of the passenger have the right to claim compensation to transporter for the damage to their deceased, whether death occurred directly after the accident or after the expiration of a period of time.

 

Article 202

The transporter is liable for the actions of persons engaged in the implementation of its obligations under the contract of transporting.

 

Article 203

All the conditions of exemption of the transporter wholly or partly from the responsibility for the physical harm to the passenger, will be invalid. And all the conditions that would require the passenger to pay any sums, in any type with the objective of covering all or some of the expenses of the insurance against the responsibility of the transporter will be considered as exemption from the responsibility.

The transporter may put condition for the exemption in whole or in part, from the liability arising from delay or for the material damage faced by the passenger.

In that case, the condition of exemption from liability must be in written and that the transporter had informed the passenger about that clearly.

 

Article 204

The transporter will not be responsible for loss of luggage kept by the passenger or damage, unless the passenger proves fault of the transporter or his subordinates.

And transportation of registered baggage is subject to the provisions of the transportation of things.

 

Article 205

If the passenger died or suffered from illness during the implementation of the contract of transporting, the transporter is committed to take necessary measures to maintain his luggage till it is delivered to stakeholders.

If any concerned person is found at the spot of death, he may intervene to monitor these measures and to demand the transporter to deliver a declaration that the passenger luggage in his possession.

 

Article 206

The passenger is committed to pay the wages in the date agreed upon or specified in the transport regulations or required by custom.

And the passenger must follow the instructions of the transporter regarding transportation.

 

Article 207

The transporter may keep passenger’s registered luggage to ensure the fare of transporting and other expenses which he deserves during the implementation of the contract of transporting.

The transporter has the right to differentiate on the price of luggage to meet the amounts payable to him because of transport. And he follows in this regard, the procedures for implementation on the things mortgaged commercially.

 

Article 208

Agency commission for the carriage

The agency commission for the carriage is a contract by which the agent contracts in his name on the expense of the client or on behalf of his client with a carrier to carriage something or someone to a specific destination and he shall perform the activities associated with this carriage if necessary in exchange for a commission received from the client.

If the commission agent took over the carriage with his means, all provisions of the contract of carriage shall be applied to him unless otherwise agreed.

 

Article 209

The commission agent of the carriage is committed to preserve the interests of his client and shall carry out his instructions, in particular with regard to the selection of the carrier, means of carriage, road to be followed and the dates of carriage. He has to take care as a normal trader. The agent is committed to mention in the account of his client the actual rent payable to the carrier.

 

Article 210

The commission agent of the carriage shall make sure the safety of the passenger or the thing.

In case of carriage of things he shall be responsible from the time he took the thing for total or partial destruction or damage or delay in the delivery. He cannot deny his responsibility only by proving the force majeure or self-defect in the thing or client’s mistake or the mistake of consignee.

In case of carriage of persons he shall be responsible for the delay in arrival and whether the passenger suffered during the execution of the contract of carriage including the harms in body or material. He cannot deny his responsibility only by proving the force majeure or passenger’s mistake or his state of health and he has the right in all cases to refer to the carrier if he has a reason.

 

 

Provision 211

Any condition which exempts the commission agent of the carriage (partially or wholly) from the responsibility of damage suffered by the passenger physically shall be nullified.

In case of exemption from the responsibility every condition would require passenger in any case to pay any sum in whatever capacity in order to cover all or some of the expenses of the insurance against the responsibility of commission agent for carriage.

With the exception of case of fraud and serious mistake of commission agent for carriage or one of his subordinates, the agent commission for the carriage may make the condition for his part or whole exemption from the responsibility arising from the loss of the thing or damage or delay in receipt and the liability arising from the delay in the arrival of the passenger or whether the non-physical damage inflicted by him.

The condition for exemption from the responsibility must be in writing and the commission agent of the carriage must inform the client or passenger about the same explicitly.

Provision 212

The client or the passenger has the legal recourse directly to the carrier for the claim of compensation for damage resulting from the non-implementation of the contract of carriage or its implementation in a wrong way or the delay. In all cases the commission agent for carriage must be included in the case.

The carrier has legal recourse directly to the client or the passenger to claim compensation for damage resulting from the implementation of the contract of carriage.

The consignee has right to refer directly to both the carrier and the commission agent of the carriage for the rights arising from the contract of carriage.

Provision 213

The main commission agent of the carriage shall be a guarantor for commission agent who mediated him unless the sender appoints the intermediary agent in his agreement with the main agent.

Provision 214

If the commission agent of the carriage paid the freight to the carrier, he shall replace him as far as the rights are concerned.

Provision 215

Except for the provisions set forth above, the provisions related to the agency commission shall be applied to commission agent of the carriage.

Provision 216

Provisions for air carriage

 

Without the prejudice to international conventions in which the State is a party and while no special provision has been provided in this section, the provisions of the contract of carriage set forth in this chapter shall be applied to the air carriage.

Provision 217

The air carriage means the carriage of persons, baggage or cargo by aircraft for a fee.

The term ‘’baggage’’ means the things which the passengers may carry with him on the plane and the same is delivered to the carrier to be in his custody during the carriage.

This term does not include the small personal things that remain in the custody of the passenger during travel.

Provision 218

The document of air carriage must include a statement that tells that the carriage is in accordance with the provisions of limited liability provided for in Provision (224) of this law, unless otherwise the carrier declined to adhere to these provisions.

Provision 219

The air carrier is responsible for compensation for the damage that occurs in the case of death of passenger or injuries or any other physical harm in the accident which led to damage, occurred during the presence of the passenger in the place allocated to wait for boarding an aircraft and until the passenger receive his luggage in the place of arrival.

Provision 220

The air carrier shall be responsible for compensation for the damage that occurs in case of destruction or loss of luggage or goods or their damage if the accident which led to damage occurred during air carriage.

The air carriage includes the period in which the baggage and goods are in the custody of the carrier and it starts when the carrier receives the goods and ends when it delivers the same at the place of arrival.

The air carriage does not include the period in which the baggage or goods are at the place of road or sea carriage which is located outside the airport. However, if such carriage took place while implementing the air carriage with a view to shipping or delivery or carriage from one aircraft to another, it must be assumed that the damage resulted from an incident occurred during the period of air carriage, unless there is evidence to the contrary.

Provision 221

The air carrier shall be responsible for the damage the resulted from delay in the arrival of passenger, baggage or goods.

Provision 222

1 The air carrier may deny his responsibility only by proving force majeure or self-flaw in the object or the mistake of sender or consignee or passenger.

2 If the carrier proves one of the things mentioned in the preceding paragraph, the prosecutor may deny this proof with evidence which testifies that the damage did not occur because of this or there were other causes of damage as well. In this case the compensation shall be reduced as per the ratio of the damage which is attributed to the matter proved by the air carrier.

Provision 223

The air carrier is not responsible for loss or damage of personal small things that remain in the custody of the passenger during travel, unless the passenger proves fault of the carrier or his subordinates.

Provision 224

It is not permissible in the case of air carriage of persons to exceed the compensation which is judged on the air carrier, an amount of 150,000 (one hundred and fifty thousand) riyals for each passenger unless there is a clear agreement to exceed this amount.

In the case of baggage or cargo the compensation amount shall not to exceed 150,000 (one hundred and fifty riyals) for each kilogram, however, if the consignee at the time of delivery of baggage or cargo provided the carrier a proof that rectifies its value or importance and paid the additional charge which the carrier may ask for doing so, the carrier is committed to pay the compensation as per the value shown in the testimony unless the carrier proves that this value exceeds the value or the real significance of the baggage or cargo.

 

In the case of loss or destruction or damage of a part of the package or some of its contents, the maximum compensation shall be calculated on the basis of total weight of entire package unless this does not affect the value of other packages covered by the same dispatch otherwise the weight of these packages shall also be taken into account.

With regard to the small personal things that remain in the custody of the passenger while traveling, the compensation which is judged for each passenger may not exceed the amount of three thousand riyals.

Provision 225

The air carrier cannot stick to the maximum limits of compensation set forth in the preceding provision, if it is proved that the damage was caused by an act or omission by the carrier or his subordinates, either with intent to cause damage, or reckless coupled with the awareness of the possibility of damage. If the act or omission is done by the subordinates, it must proved that they were then in the course of their jobs.

Provision 226

If a lawsuit for compensation is filed against one of the subordinates of the carrier, he may stick to the maximum compensation provided for in the provision (224) of the law, if he proves that the act which caused the damage had occurred by him while performing his job.

The total compensation which can be obtained from the carrier and his subordinates together must not exceed these limits. However, the subordinate of the carrier cannot stick to maximum compensation if it is proved that the damage resulted from an act or omission by him, either with intent to cause damage, or reckless coupled with the awareness of the possibility of damage.

Provision 227

Every condition which exempts the air carrier from liability or fixing the same with less than the maximum limits of compensation set forth in Provision (224) of the Act shall be null and void.

However, this nullification does not include the condition that exempts the air carrier from liability or fixing the same in case of loss of the thing at the place of carriage or it damaged because of its nature or self defect.

Provision 228

The consignee’s receipt of baggage or goods without reservation is a presumption of receipt in good condition and conformity with the document of the carriage, unless there is evidence to the contrary.

Provision 229

In the case of damage to baggage or cargo the consignee must be directed to the carrier forthwith after discovery of damage and within seven days at most for baggage and fourteen days at most of the goods, starting from the date of receipt.

In case of delay the protest must be directed within twenty-one days from the day the luggage or goods have been placed at the disposal of the consignee.

The protest must be proved in the form of a reservation on the carriage document upon delivery of baggage or cargo or in the form of a registered letter with acknowledgment of receipt is sent to the carrier in the legal time limit.

The lawsuit of liability against the carrier shall not be accepted if the protest was not sent on the dates set forth in this provision, unless the defendant proved the occurrence of fraud by the carrier or his subordinates to miss these dates or hiding the fact of damage to baggage or cargo.

Provision 230

The right to file the case of liability against the air carrier shall lapse after the passage of two years from the day of plane’s arrival at the destination or the day in which it should have reached the destination or the day of cessation of carriage.

Provision 231

In the case of free carriage the air carrier shall not be liable unless it is proved that the mistake has been made by it or its subordinates. In this case the air carrier shall be liable within the limits set forth in provision (224) of this law.

The free carriage is considered when it is done free of charge and the carrier is not a professional in carriage.

Provision 232

The air carrier shall be responsible for the maximum compensation provided for in provision (224) of this law, irrespective of the status of the liabilities in the case of liability and the number or amount of due compensation.