Qatar Trade Law No. 27/2006 Thursday, 02 June 2011 01:47

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 exceed 150,000 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 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.

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.

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.

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.

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.

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.

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.

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.

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.