Land and Air Transport Contracts in Kuwaiti Law — Obligations & Liability

Concept and Types

A transport contract is an agreement whereby the carrier undertakes to carry a person or thing from one place to another for a fee.

A transport contract is commercial for the professional carrier even if the sender or passenger is not a merchant.

Passenger Carriage — Carrier Obligations

• Safety obligation: Delivering the passenger safely to destination — an obligation of result, not of means
• Punctuality: Arrival at the scheduled or reasonable time
• Comfort: Providing an appropriate and comfortable means of transport
• Baggage: Carrying and safeguarding the passenger's checked baggage

Goods Carriage — Bill of Lading & Obligations

The goods transport contract is evidenced by a bill of lading containing:

• Sender, consignee, and carrier details
• Description, weight, and quantity of goods
• Origin and destination
• Freight charges and payment method

Carrier Obligations

• Receiving goods and verifying their apparent condition
• Preserving goods during carriage
• Delivering goods to the consignee at the agreed time and place

Sender Obligations

• Delivering goods on time in a condition suitable for carriage
• Providing accurate information about the goods' nature
• Paying freight charges (unless payable by the consignee)

Land Carrier Liability

Carrier liability is strict, based on presumed fault:

• Total or partial loss: The carrier is liable for total or partial loss of goods during carriage
• Damage and shortage: Liable for any damage or shortage to goods
• Delay: Liable for delay in delivery if the consignee suffers damage

Grounds for Exemption

• Force majeure or unforeseen event
• Inherent defect or special nature of the goods
• Fault of the sender or consignee
• Insufficient packaging by the sender

Air Transport — Civil Aviation Law

Air transport in Kuwait is governed by the Civil Aviation Law and international conventions Kuwait has joined:

• Warsaw Convention 1929: As amended by the Hague Protocol — the foundational framework for international air carriage
• Montreal Convention 1999: The modern convention unifying liability rules in air transport
• Passenger ticket: The document evidencing the air transport contract and its conditions

Air Carrier Liability — Montreal Convention

The Montreal Convention creates a two-tier liability system:

• First tier: Strict liability up to 128,821 SDRs (approx. USD 175,000) — no defense available
• Second tier: Above that amount — presumed liability, rebuttable by proving no negligence
• Cargo: Liability limited to 22 SDRs per kilogram
• Delay: Liability limited to 5,346 SDRs per passenger
• Baggage: Liability limited to 1,288 SDRs per passenger

Transport Insurance

• Compulsory insurance: Carriers must insure their civil liability toward passengers and third parties
• Cargo insurance: Senders may insure goods against transport risks
• Travel insurance: Travelers are advised to obtain comprehensive insurance covering cancellation, delay, and baggage
• Subrogation: The insurer is subrogated to the insured's rights against the carrier after paying compensation

Limitation Periods and Claims

• Land transport: Claims prescribe one year from delivery (goods) or from the accident (persons)
• International air transport: Two years from arrival or scheduled arrival date
• Damage notice: The carrier must be notified within 7 days for cargo and 21 days for baggage (air transport)
• Reservation on receipt: The right to compensation is lost if the consignee accepts goods without reservation, unless the defect was hidden

Frequently Asked Questions

Can a carrier exempt itself from liability?

A carrier may never contractually exclude liability for personal injury. For goods carriage, the parties may agree to limit (not fully exclude) liability within legal bounds.

What compensation is due for flight delays?

Passengers are entitled to compensation for damage caused by delay within the limits set by the Montreal Convention, plus the airline's obligation to provide care (accommodation and meals) during lengthy delays.

Is the carrier liable for lost baggage?

Yes, the carrier is liable for lost checked baggage within the prescribed compensation limits. Travelers are advised not to place valuables in checked baggage and to declare the true value at check-in.