Carriage by Air Acts (Application of Provisions)
(Jersey) Order 1967
Jersey Order in Council 9/1967
“CARRIAGE BY AIR ACTS (APPLICATION OF PROVISIONS) (JERSEY) ORDER, 1967”,
AVEC
ACTES DE LA COUR ROYALE
Y RELATIF.
____________
(Enregistré
le 23 juin 1967).
“CARRIAGE BY AIR
ACTS (APPLICATION OF PROVISIONS) (JERSEY) ORDER, 1967”.
____________
À LA COUR ROYALE DE
L’ÎLE DE JERSEY.
____________
L’An 1967, le 23e jour de juin.
____________
MONSIEUR LE DÉPUTÉ BAILLI ayant présenté à la Cour un
Ordre de Sa Très Excellente Majesté en Conseil en date du 24 mai
1967, transmettant pour enregistrement et publication dans l’Ile copies de deux certains
Actes de Parlement, intitulés :
-
“The Carriage by Air Act, 1961 (1961 Chapter 27)” ;
et
“The Carriage by Air (Supplementary Provisions) Act, 1962
(1962 Chapter 43)” ;
Lecture en ayant
été donnée :
LA COUR, conformément
aux conclusions du Procureur Général de la Reine, a
ordonné, en exécution dudit Ordre, que tant lesdits Actes de
Parlement que ledit Ordre les transmettant soit enregistrés sur les
records de cette Ile et publiés par l’Officier au lieu ordinaire à jour de marché,
afin que toutes personnes puissent en avoir connaissance.
P.E. LE COUTEUR,
Greffier Judiciaire.
À LA COUR ROYALE DE
L’ÎLE DE JERSEY.
____________
L’An 1967, le 23e jour de juin.
____________
MONSIEUR LE DÉPUTÉ BAILLI ayant présenté à la Cour
deux Ordres de Sa Très Excellente Majesté en Conseil en date du
24 mai 1967 intitules : -
“The Carriage by Air (Jersey) Order, 1967” et
“The Carriage by Air Acts (Application of Provisions) (Jersey) Order,
1967” ;
Lecture en ayant
été donnée :
LA COUR, conformément
aux conclusions du Procureur General de la Reine, a ordonné que lesdits
Ordres soient enregistrés sur les records de l’Ile et publiés par l’Officier au lieu ordinaire à jour de marché,
afin que toutes personnes puissent en avoir connaissance.
P.E. LE COUTEUR,
Greffier Judiciaire.
CARRIAGE BY AIR ACTS (APPLICATION OF PROVISIONS) (JERSEY)
ORDER, 1967.
____________
At the Court at Buckingham Palace.
____________
The
24th day of May, 1967.
PRESENT,
The Queen’s Most Excellent Majesty in Council.
____________
HER MAJESTY in pursuance of the powers
conferred upon Her by Section 10 of the Carriage by Air Act, 1961,
and of that Section as applied by Section 5(2) of the Carriage by Air
(Supplementary Provisions) Act, 1962, as extended in both cases
to Jersey by the Carriage
by Air (Jersey) Order, 1967, and of all other powers enabling Her
in that behalf, is pleased, by and with the advice of Her Privy Council, to
order, and it is hereby ordered, as follows : -
1. This
Order may be cited as the Carriage by Air Acts (Application of Provisions) (Jersey) Order,
1967 and shall come into operation on 1st June, 1967.
2.-(1) The Carriage by Air Acts
(Application of Provisions) Order, 1967 shall apply to the
Bailiwick of Jersey.
(2) In that Order
as so applied any reference to any provision of the Carriage by Air Act, 1961
or of the Carriage
by Air (Supplementary Provisions) Act, 1962 shall be construed as
a reference to that provision as extended to the Bailiwick of Jersey by the Carriage by Air (Jersey)
Order, 1967.
3. The
Interpretation Act,
1889 shall apply for the purpose of the interpretation of this
Order as it applies for the purpose of the interpretation of an Act of
Parliament.
W.G. AGNEW
CARRIAGE BY AIR ACTS (APPLICATION OF PROVISIONS) ORDER, 1967.
____________
At the Court at Windsor Castle.
____________
The
23rd day of March, 1967.
Present,
The Queen’s Most Excellent Majesty in Council.
____________
HER MAJESTY, in exercise of the powers
conferred upon Her by Section 10 of the Carriage by Air Act, 1961,
and of that Section as applied by Section 5(2) of the Carriage by Air
(Supplementary Provisions) Act, 1962, and of all other powers
enabling Her in that behalf is pleased, by and with the advice of Her Privy
Council to order, and it is hereby ordered, as follows : -
CITATION AND OPERATION
1. This
Order may be cited as the Carriage by Air Acts (Application of Provisions) Order, 1967
and shall come into operation on 1st
June, 1967.
INTERPRETATION
2.-(1) In this Order, unless the context
otherwise requires –
“the Act of 1961” means the Carriage by Air Act, 1961
;
“the Act of 1962” means the Carriage by Air
(Supplementary Provisions) Act, 1962 ;
“the amended Convention” means the English text of the
Warsaw Convention with the amendments made in it by the Hague Protocol, as set out in Schedule 1
to the Act of 1961, and includes the Additional Protocol to the Warsaw
Convention as set out at the end of that Schedule ;
“the Guadalajara Convention” means the English text of
the Convention, supplementary to the Warsaw Convention, for the Unification of Certain
Rules relating to International Carriage by Air performed by a
Person other than the Contracting Carrier, as set out in the Schedule to the
Act of 1962.
(2) The Interpretation Act, 1889
shall apply for the interpretation of this Order as it applies for the
interpretation of an Act of Parliament.
APPLICATION
3. This
Order shall apply to all carriage by air, not being carriage to which the
amended Convention applies.
NON-INTERNATIONAL CARRIAGE, AND CARRIAGE OF MAIL AND POSTAL
PACKAGES
4. Schedule 1
to this Order shall have effect in respect of carriage to which this Order
applies, being either –
(a) carriage which is not international
carriage as defined in Schedule 2 to this Order, or
(b) carriage of mail or postal
packages.
INTERNATIONAL CARRIAGE UNDER THE UNAMENDED WARSAW CONVENTION
5.-(1) Schedule 2 to this Order shall have
effect in respect of carriage to which this Order applies, being carriage which
is international carriage as defined in that Schedule.
(2) Section 2 of
the Act of 1961 shall apply to such carriage as aforesaid with the following exceptions,
adaptations and modifications :
(a) before “Convention”
where it first appears there shall be inserted “Warsaw” ;
(b) for “at the end of the
Convention as set out in the First Schedule to this Act” there shall be
substituted “to the Warsaw Convention”.
(3) Section 8 of
the Act of 1961 shall apply to such carriage as aforesaid, with the following
exceptions, adaptations and modifications :
(a) before “Convention”
where it first appears there shall be inserted “Warsaw” ;
(b) “as set out in the First
Schedule to this Act” shall be omitted ;
(c) the reference to “the said
Schedule” shall be construed as a reference to the amended Convention as
applied by Schedule 2 to this Order.
APPLICATION OF CERTAIN PROVISIONS OF THE ACTS
6. Sections
3, 4, 5, 6, 11 and 12 of the Act of 1961 and Section 3(1) of the Act of 1962
shall apply to carriage to which this Order applies as if the references
therein to the Conventions scheduled to those Acts and to the Schedules in
which they are set forth were references to the amended Convention and to the
Guadalajara Convention as they are applied by this Order.
GRATUITOUS CARRIAGE BY THE CROWN
7. The
Acts of 1961 and 1962, and this Order, shall apply to gratuitous carriage by
the Crown as they apply to carriage by the Crown for reward :
Provided that the Crown shall not be precluded by Article 3(2)
of the amended Convention as so applied from availing itself of the provisions
of Article 22 thereof (which provides for the limitation of the carrier’s liability in the carriage of
persons) by reason of a passenger ticket not having been delivered or of the
ticket not including the required notice.
EXEMPTIONS
8. The
Board of Trade may, subject to such conditions as they think fit, exempt any
carriage or class of carriage or any person or class of person from any of the
requirements imposed by this Order.
REVOCATION
9.-(1) The following Orders are hereby revoked
: -
The Carriage
by Air (Non-international Carriage) (United Kingdom) Order, 1952
;
The Carriage by Air (Non-international Carriage) (United Kingdom) (Amendment) Order,
1959 ;
The Carriage
by Air (Non-international Carriage) (United Kingdom) Order, 1964.
(2) Section 38(2)
of the Interpretation
Act, 1889 (which relates to the effect of repeals) shall apply to
this Order as if this Order were an Act of Parliament and as if the Orders
revoked by paragraph (1) of this Article were Acts of Parliament thereby
repealed.
W.G. AGNEW
SCHEDULE 1
(Article 4)
NON-INTERNATIONAL CARRIAGE, AND CARRIAGE OF MAIL AND POSTAL
PACKAGES
PART I
APPLICATION OF THE WARSAW
CONVENTION AS AMENDED AT THE HAGUE
The amended Convention shall apply in respect of carriage described
in Article 4 of this Order, subject to the following exceptions,
adaptations and modifications : -
(1) For
“Convention”, wherever it appears, there shall be substituted
“Schedule”.
(2) In
Article 1(1), the word “international” shall be omitted.
(3) Article 1(2)
and (3) shall not apply.
(4) Article 2(2)
shall not apply.
(5) Chapter
II shall not apply.
(6) In
Article 22(1) for “two hundred and fifty” wherever it appears,
there shall be substituted “eight hundred and seventy-five”.
(7) In
Article 26(1) the words from “and” to the end shall be
omitted.
(8) In
Article 26(3) the words from “upon” to “writing”
shall be omitted.
(9) Article 28
shall not apply.
(10) In
Article 30(1) the words from “and” where it first occurs to
“Article 1” shall be omitted.
(11) In
Article 32, the words from “if” to the end shall be omitted.
(12) Article 34
shall not apply.
(13) Articles 36
and 40A shall not apply.
(14) The
Additional Protocol shall not apply.
PART II
APPLICATION OF THE GUADALAJARA CONVENTION
The Guadalajara Convention shall apply in respect of carriage
described in Article 4 of this Order, subject to the following exceptions,
adaptations and modifications : -
(1) For
“this Convention”, wherever it appears, there shall be substituted
“the Guadalajara Convention as applied by this Schedule”.
(2) In
Article I, the following shall be added as paragraph (a): -
“ “the Warsaw Convention” means the amended
Convention as applied by this Schedule.”
(3) In
Article II, the words from “according” to “paragraph (b)” shall be omitted.
(4) In
Article III. 2 for “by that Convention” there shall be substituted
“thereby” and for “of the said Convention” there shall
be substituted “thereof”.
(5) In
Article IV, the second sentence shall not apply.
(6) In
Article VII, the second sentence shall not apply.
(7) Article
VIII shall not apply.
(8) In
Article IX. 3, the words from “if” to the end shall be omitted.
(9) The
following Article shall be added :
-
“Nothing herein shall impose any liability on the Post-master
General”.
PART III
For convenience of reference the amended Convention and the
Guadalajara Convention, with the exceptions, adaptations and modifications made
by this Schedule, are here set out :
-
A. The
amended Warsaw
Convention, as applied by Schedule I.
(NON-INTERNATIONAL CARRIAGE, AND CARRIAGE OF MAIL AND POSTAL
PACKAGES)
CHAPTER I
SCOPE – DEFINITIONS
ARTICLE
1
This Schedule applies to all carriage of persons, baggage or cargo
performed by aircraft for reward. It applies to gratuitous carriage by aircraft
performed by an air transport undertaking.
ARTICLE
2
This Schedule applies to carriage performed by the State or by
legally constituted public bodies provided it falls within the conditions laid
down in Article 1.
CHAPTER III
LIABILITY OF THE CARRIER
ARTICLE
17
The carrier is liable for damage sustained in the event of the
death or wounding of a passenger or any other bodily injury suffered by a
passenger, if the accident which caused the damage so sustained took place on
board the aircraft or in the course of any of the operations of embarking or
disembarking.
ARTICLE 18
(1) The
carrier is liable for damage sustained in the event of the destruction or loss
of, or of damage to, any registered baggage or any cargo, if the occurrence
which caused the damage so sustained took place during the carriage by air.
(2) The
carriage by air within the meaning of the preceding paragraph comprises the
period during which the baggage or cargo is in charge of the carrier, whether
in an aerodrome or on board an aircraft, or, in the case of a landing outside
an aerodrome, in any place whatsoever.
(3) The
period of the carriage by air does not extend to any carriage by land, by sea
or by river performed outside an aerodrome. If, however, such a 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.
ARTICLE
19
The carrier is liable for damage occasioned by delay in the
carriage by air of passengers, baggage or cargo.
ARTICLE
20
The carrier is not liable if he proves that he and his servants or
agents have taken all necessary measures to avoid the damage or that it was
impossible for him or them to take such measures.
ARTICLE
21
If the carrier proves that the damage was caused by or contributed
to by the negligence of the injured person the Court may, in accordance with
the provisions of its own law, exonerate the carrier wholly or partly from his
liability.
ARTICLE
22
(1) In
the carriage of persons the liability of the carrier for each passenger is
limited to the sum of eight hundred and seventy-five thousand francs. Where, in
accordance with the law of the Court seised of the
case, damages may be awarded in the form of periodical payments the equivalent
capital value of the said payments shall not exceed eight hundred and
seventy-five thousand francs. Nevertheless, by special contract, the carrier
and the passenger may agree to a higher limit of liability.
(2) (a) In
the carriage of registered baggage and of cargo, the liability of the carrier
is limited to a sum of two hundred and fifty francs per kilogramme,
unless the passenger or consignor has made, at the time when the package was
handed over to the carrier, a special declaration of interest in delivery at
destination and has paid a supplementary sum if the case so requires. In that
case the carrier will be liable to pay a sum not exceeding the declared sum,
unless he proves that that sum is greater than the passenger’s or consignor’s actual
interest in delivery at destination.
(b) In the case of loss, damage or
delay of part of registered baggage or cargo, or of any object contained
therein, the weight to be taken into consideration in determining the amount to
which the carrier’s liability is limited shall be only the total weight
of the package or packages concerned. Nevertheless, when the loss, damage or
delay of a part of the registered baggage or cargo, or of an object contained
therein, affects the value of other packages covered by the same baggage check
or the same air waybill, the total weight of such package or packages shall
also be taken into consideration in determining the limit of liability.
(3) As
regards objects of which the passenger takes charge himself the liability of
the carrier is limited to five thousand francs per passenger.
(4) The
limits prescribed in this Article shall not prevent the Court from awarding, in
accordance with its own law, in addition, the whole or part of the Court costs
and of the other expenses of the litigation incurred by the plaintiff. The
foregoing provision shall not apply if the amount of the damages awarded,
excluding Court costs and other expenses of the litigation, does not exceed the
sum which the carrier has offered in writing to the plaintiff within a period
of six months from the date of the occurrence causing the damage, or before the
commencement of the action, if that is later.
(5) The
sums mentioned in francs in this Article shall be deemed to refer to a currency
unit consisting of sixty-five and a half milligrammes
of gold of millesimal fineness nine hundred. These sums may be converted into
national currencies in round figures. Conversion of the sums into national
currencies other than gold shall, in case of judicial proceedings, be made
according to the gold value of such currencies at the date of judgment.
ARTICLE
23
(1) Any
provision tending to relieve the carrier of liability or to fix a lower limit
than that which is laid down in this Schedule shall be null and void, but the
nullity of any such provision does not involve the nullity of the whole
contract, which shall remain subject to the provisions of this Schedule.
(2) Paragraph (1)
of this Article shall not apply to provisions governing loss or damage
resulting from the inherent defect, quality or vice of the cargo carried.
ARTICLE
24
(1) In
the cases covered by Articles 18 and 19 any action for damages, however
founded, can only be brought subject to the conditions and limits set out in
this Schedule.
(2) In
the cases covered by Article 17 the provisions of the preceding paragraph
also apply, without prejudice to the questions as to who are the persons who
have the right to bring suit and what are their respective rights.
ARTICLE
25
The limits of liability specified in Article 22 shall not
apply if it is proved that the damage resulted from an act or omission of the
carrier, his servants or agents, done with intent to cause damage or recklessly
and with knowledge that damage would probably result ; provided that, in the case
of such act or omission of a servant or agent, it is also proved that he was
acting within the scope of his employment.
ARTICLE
25A
(1) If
an action is brought against a servant or agent of the carrier arising out of
damage to which this Schedule relates, such servant or agent, if he proves that
he acted within the scope of his employment, shall be entitled to avail himself
of the limits of liability which that carrier himself is entitled to invoke
under Article 22.
(2) The
aggregate of the amounts recoverable from the carrier, his servants and agents,
in that case, shall not exceed the said limits.
(3) The
provisions of paragraphs (1) and (2) of this Article shall not apply if it
is proved that the damage resulted from an act or omission of the servant or
agent done with intent to cause damage or recklessly and with knowledge that
damage would probably result.
ARTICLE
26
(1) Receipt
by the person entitled to delivery of baggage or cargo without complaint is prima facie evidence that the same has
been delivered in good condition.
(2) In
the case of damage, the person entitled to delivery must complain to the
carrier forthwith after the discovery of the damage, and, at the latest, within
seven days from the date of receipt in the case of baggage and fourteen days
from the date of receipt in the case of cargo. In the case of delay the
complaint must be made at the latest within twenty-one days from the date on
which the baggage or cargo have been placed at his disposal.
(3) Every
complaint must be made in writing despatched within
the times aforesaid.
(4) Failing
complaint within the times aforesaid, no action shall lie against the carrier,
save in the case of fraud on his part.
ARTICLE
27
In the case of the death of the person liable, an action for
damages lies in accordance with the terms of this Schedule against those
legally representing his estate.
ARTICLE
29
(1) The
right to damages shall be extinguished if an action is not brought within two
years, reckoned from the date of arrival at the destination, or from the date
on which the aircraft ought to have arrived, or from the date on which the
carriage was stopped.
(2) The
method of calculating the period of limitation shall be determined by the law
of the Court seised of the case.
ARTICLE
30
(1) In
the case of carriage to be performed by various successive carriers each
carrier who accepts passengers, baggage or cargo is subjected to the rules set
out in this Schedule, and is deemed to be one of the contracting parties to the
contract of carriage in so far as the contract deals with that part of the
carriage which is performed under his supervision.
(2) In
the case of carriage of this nature, the passenger or his representative can
take action only against the carrier who performed the carriage during which
the accident or the delay occurred, save in the case where, by express
agreement, the first carrier has assumed liability for the whole journey.
(3) As
regards baggage or cargo, the passenger or consignor will have a right of
action against the first carrier, and the passenger or consignee who is
entitled to delivery will have a right of action against the last carrier, and
further, each may take action against the carrier who performed the carriage
during which the destruction, loss, damage or delay took place. These carriers
will be jointly and severally liable to the passenger or to the consignor or
consignee.
CHAPTER IV
PROVISIONS RELATING TO COMBINED CARRIAGE
ARTICLE
31
(1) In
the case of combined carriage performed partly by air and partly by any other
mode of carriage, the provisions of this Schedule apply only to the carriage by
air, provided that the carriage by air falls within the terms of Article 1.
(2) Nothing
in this Schedule shall prevent the parties in the case of combined carriage
from inserting in the document of air carriage conditions relating to other
modes of carriage, provided that the provisions of this Schedule are observed
as regards the carriage by air.
CHAPTER V
GENERAL AND FINAL PROVISIONS
ARTICLE
32
Any clause contained in the contract and all special agreements
entered into before the damage occurred by which the parties purport to
infringe the rules laid down by this Schedule, whether by deciding the law to
be applied, or by altering the rules as to jurisdiction, shall be null and
void. Nevertheless for the carriage of cargo arbitration clauses are allowed,
subject to this Schedule.
ARTICLE
33
Nothing contained in this Schedule shall prevent the carrier either
from refusing to enter into any contract of carriage, or form making
regulations which do not conflict with the provisions of this Schedule.
ARTICLE
35
The expression “days” when used in this Schedule means
current days not working days.
B. The
Guadalajara
Convention as applied by Schedule I.
(NON-INTERNATIONAL CARRIAGE, AND CARRIAGE OF MAIL AND POSTAL
PACKAGES)
ARTICLE I
In the Guadalajara Convention as applied by this Schedule :
(a) “the Warsaw Convention”
means the amended Convention as applied by this Schedule ;
(b) “contracting carrier”
means a person who as a principal makes an agreement for carriage governed by
the Warsaw Convention with a passenger or consignor or with a person acting on
behalf of the passenger or consignor ;
(c) “actual carrier” means
a person, other than the contracting carrier, who, by virtue of authority from
the contracting carrier, performs the whole or part of the carriage
contemplated in paragraph (b)
but who is not with respect to such part a successive carrier within the
meaning of the Warsaw Convention. Such authority is presumed in the absence of
proof to the contrary.
ARTICLE II
If an actual carrier performs the whole or part of carriage which
is governed by the Warsaw Convention, both the contracting carrier and the
actual carrier shall, except as otherwise provided in the Warsaw Convention, be
subject to the rules of the Warsaw Convention, the former for the whole of the
carriage contemplated in the agreement, the latter solely for the carriage
which he performs.
ARTICLE III
1. The
acts and omissions of the actual carrier and of his servants and agents acting
within the scope of their employment shall, in relation to the carriage
performed by the actual carrier, be deemed to be also those of the contracting
carrier.
2. The
acts and omissions of the contracting carrier and of his servants and agents
acting within the scope of their employment shall, in relation to the carriage
performed by the actual carrier, be deemed to be also those of the actual
carrier. Nevertheless, no such act or omission shall subject the actual carrier
to liability exceeding the limits specified in Article 22 of the Warsaw
Convention. Any special agreement under which the contracting carrier assumes
obligations not imposed by the Warsaw Convention or any waiver of rights conferred
thereby or any special declaration of interest in delivery at destination
contemplated in Article 22 thereof, shall not affect the actual carrier
unless agreed to by him.
ARTICLE IV
Any complaint to be made under the Warsaw Convention to the carrier
shall have the same effect whether addressed to the contracting carrier or to
the actual carrier.
ARTICLE V
In relation to the carriage performed by the actual carrier, any
servant or agent of that carrier or of the contracting carrier shall, if he
proves that he acted within the scope of his employment, be entitled to avail
himself of the limits of liability which are applicable under the Guadalajara
Convention as applied by this Schedule to the carrier whose servant or agent he
is unless it is proved that he acted in a manner which, under the Warsaw
Convention, prevents the limits of liability from being invoked.
ARTICLE VI
In relation to the carriage performed by the actual carrier, the
aggregate of the amounts recoverable from that carrier and the contracting
carrier, and from their servants and agents acting within the scope of their
employment, shall not exceed the highest amount which could be awarded against
either the contracting carrier or the actual carrier under the Guadalajara
Convention as applied by this Schedule, but none of the persons mentioned shall
be liable for a sum in excess of the limit applicable to him.
ARTICLE VII
In relation to the carriage performed by the actual carrier, an
action for damages may be brought, at the option of the plaintiff, against that
carrier or the contracting carrier, or against both together or separately.
ARTICLE IX
1. Any
contractual provision tending to relieve the contracting carrier or the actual
carrier of liability under the Guadalajara Convention as applied by this
Schedule or to fix a lower limit than that which is applicable according to the
Guadalajara Convention as applied by this Schedule shall be null and void, but
the nullity of any such provision does not involve the nullity of the whole
agreement, which shall remain subject to the provisions of the Guadalajara
Convention as applied by this Schedule.
2. In
respect of the carriage performed by the actual carrier, the preceding
paragraph shall not apply to contractual provisions governing loss or damage
resulting from the inherent defect, quality or vice of the cargo carried.
3. Any
clause contained in an agreement for carriage and all special agreements
entered into before the damage occurred by which the parties purport to
infringe the rules laid down by the Guadalajara Convention as applied by this
Schedule, whether by deciding the law to be applied, or by altering the rules
as to jurisdiction, shall be null and void. Nevertheless, for the carriage of
cargo arbitration clauses are allowed subject to the Guadalajara Convention as
applied by this Schedule.
ARTICLE X
Except as provided in Article VII, nothing in the Guadalajara
Convention as applied by this Schedule shall affect the rights and obligations
of the two carriers between themselves.
ARTICLE XI
Nothing herein shall impose any liability on the Postmaster
General.
SCHEDULE 2
INTERNATIONAL CARRIAGE UNDER THE UNAMENDED WARSAW CONVENTION
PART A
1. The
amended Convention and the Guadalajara Convention shall apply in respect of
carriage which is “international carriage” as defined in paragraph
2 of this part of this Schedule, with the exceptions, adaptations and
modifications set forth in paragraphs 3 and 4.
2. For
the purposes of Article 5 of this Order and of this Schedule
“international carriage” shall have the meaning assigned to it by
paragraph 3(2) of this part of this Schedule.
3. The
amended Convention shall apply to international carriage as aforesaid, with the
following exceptions, adaptations and modifications : -
(1) For
“Convention”, wherever it appears, there shall be substituted
“Schedule”.
(2) For Article 1(2)
there shall be substituted the following :
“ ‘International carriage’ means any carriage in
which, according to the contract made by the parties, the place of departure
and the place of destination, whether or not there be a break in the carriage
or a transhipment, are situated either within the
territories of two States Parties to the Convention for the Unification of Certain
Rules relating to International Carriage by Air signed at Warsaw
on behalf of His Majesty on 12th October, 1929, or within the territory of a
single such State, if there is an agreed stopping place within the territory
subject to the sovereignty, suzerainty, mandate or authority of another State,
even though that State is not a party to the said Convention of 1929.”
(3) The following
shall be substituted for Article 1(3) : -
“(3) A
carriage to be performed by several successive air carriers is deemed, for the
purposes of this Schedule, to be one undivided carriage, if it has been
regarded by the parties as a single operation, whether it had been agreed upon
under the form of a single contract or of a series of contracts, and it does
not lose its international character merely because one contract or a series of
contracts is to be performed entirely within a territory subject to the
sovereignty, suzerainty, mandate or authority of the same High Contracting
Party.”
(4) The following
shall be substituted for Article 2 :
-
“(1) This
Schedule applies to carriage performed by the State, not being a State which
has availed itself of the Additional Protocol to the Warsaw Convention, or by
legally constituted public bodies, provided it falls within the conditions laid
down in Article 1.
(2) This
Schedule does not apply to carriage performed under the terms of any
international postal Convention.”
(5) The following
shall be substituted for Article 3 :
-
“(1) For
the carriage of passengers the carrier must deliver a passenger ticket which
shall contain the following particulars :
-
(a) the place and date of issue ;
(b) the place of departure and of
destination ;
(c) the agreed stopping places,
provided that the carrier may reserve the right to alter the stopping places in
case of necessity, and that if he exercises that right, the alteration shall
not have the effect of depriving the carriage of its international character ;
(d) the name and address of the carrier
or carriers ;
(e) a statement that the carriage is
subject to the rules relating to liability established by the Warsaw
Convention.
(2) The
absence, irregularity or loss of the passenger ticket does not affect the
existence or the validity of the contract of carriage, which shall none the
less be subject to the rules of this Schedule. Nevertheless, if the carrier
accepts a passenger without a passenger ticket having been delivered he shall
not be entitled to avail himself of those provisions of this Schedule which
exclude or limit his liability.”
(6) The following
shall be substituted for Article 4 :
-
“(1) For
the carriage of baggage, other than small personal objects of which the
passenger takes charge himself, the carrier must deliver a baggage check.
(2) The
baggage check shall be made out in duplicate, one part for the passenger and
the other part for the carrier.
(3) The
baggage check shall contain the following particulars : -
(a) the place and date of issue ;
(b) the place of departure and of
destination ;
(c) the name and address of the carrier
or carriers ;
(d) the number of the passenger ticket
;
(e) a statement that delivery of the
baggage will be made to the bearer of the baggage check ;
(f) the number and weight of the
packages ;
(g) the amount of the value declared in
accordance with Article 22(2) ;
(h) a statement that the carriage is
subject to the rules relating to liability established by the Warsaw
Convention.
(4) The
absence, irregularity or loss of the baggage check does not affect the
existence or the validity of the contract of carriage, which shall none the
less be subject to the rules of this Schedule. Nevertheless, if the carrier
accepts baggage without a baggage check having been delivered, or if the
baggage check does not contain the particulars set out at (d), (f) and (h) above, the carrier shall not be
entitled to avail himself of those provisions of this Schedule which exclude or
limit his liability.”
(7) The following
shall be substituted for Article 6(3) : -
“(3) The
carrier shall sign on acceptance of the goods.”
(8) The following
shall be substituted for Article 8 :
-
“The air waybill shall contain the following particulars
: -
(a) the place and date of its execution
;
(b) the place of departure and of
destination ;
(c) the agreed stopping places,
provided that the carrier may reserve the right to alter the stopping places in
case of necessity, and that if he exercises that right the alteration shall not
have the effect of depriving the carriage of its international character ;
(d) the name and address of the
consignor ;
(e) the name and address of the first
carrier ;
(f) the name and address of the
consignee, if the case so requires ;
(g) the nature of the cargo ;
(h) the number of the packages, the
method of packing and the particular marks or numbers upon them ;
(i) the weight, the quantity and
the volume or dimensions of the cargo ;
(j) the apparent condition of the
cargo and of the packing ;
(k) the freight, if it has been agreed
upon, the date and place of payment, and the person who is to pay it ;
(l) if the cargo is sent for
payment on delivery, the price of the cargo, and, if the case so requires, the
amount of the expenses incurred ;
(m) the amount of the value declared in
accordance with Article 22(2) ;
(n) the number of parts of the air
waybill ;
(o) the documents handed to the carrier
to accompany the air waybill ;
(p) the time fixed for the completion
of the carriage and a brief note of the route to be followed, if these matters
have been agreed upon ;
(q) a statement that the carriage is
subject to the rules relating to liability established by the Warsaw
Convention.”
(9) The following
shall be substituted for Article 9 :
-
“If the carrier accepts cargo without an air waybill having
been made out, or if the air waybill does not contain all the particulars set
out in Article 8(a) to (i) inclusive and
(q), the carrier shall not be
entitled to avail himself of the provisions of this Schedule which exclude or
limit his liability.”
(10) The following shall be
substituted for Article 10(2) :
-
“(2) The
consignor will be liable for all damage suffered by the carrier or any other
person by reason of the irregularity incorrectness or incompleteness of the
said particulars and statements.”
(11) The following shall be
inserted as Article 20(2) : -
“(2) In
the carriage of cargo and baggage the carrier is not liable if he proves that
the damage was occasioned by negligent pilotage or negligence in the handling
of the aircraft or in navigation and that, in all other respects, he and his
servants or agents have taken all necessary measures to avoid the
damage.”
(12) The following shall be
substituted for Article 22 : -
“(1) In
the carriage of passengers the liability of the carrier for each passenger is
limited to the sum of 125,000 francs. Where, in accordance with the law of the
Court seised of the case, damages may be awarded in
the form of periodical payments, the equivalent capital value of the said
payments shall not exceed 125,000 francs. Nevertheless, by special contract,
the carrier and the passenger may agree to a higher limit of liability.
(2) In
the carriage of registered baggage and of cargo, the liability of the carrier
is limited to a sum of 250 francs per kilogramme,
unless the consignor has made, at the time when the package was handed over to
the carrier, a special declaration of the value at delivery and has paid a supplementary
sum if the case so requires. In that case the carrier will be liable to pay a
sum not exceeding the declared sum, unless he proves that that sum is greater
than the actual value to the consignor at delivery.
(3) As
regards objects of which the passenger takes charge himself the liability of
the carrier is limited to 5,000 francs per passenger.
(4) The
sums mentioned above shall be deemed to refer to the French franc consisting of
65½ milligrammes gold of millesimal fineness
900. These sums may be converted into any national currency in round
figures.”
(13) Article 23(2) shall
not apply.
(14) The following shall be
substituted for Article 25 : -
“(1) The
carrier shall not be entitled to avail himself of the provisions of this
Schedule which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in
accordance with the law of the Court seised of the
case, is considered to be equivalent to wilful
misconduct.
(2) Similarly
the carrier shall not be entitled to avail himself of the said provisions, if
the damage is caused as aforesaid by any servant or agent of the carrier acting
within the scope of his employment.”
(15) The following shall be
substituted for Article 26(2) :
-
“(2) In
the case of damage, the person entitled to delivery must complain to the
carrier forthwith after the discovery of the damage, and, at the latest, within
three days from the date of receipt in the case of baggage and seven days from
the date of receipt in the case of cargo. In the case of delay the complaint
must be made at the latest within fourteen days from the date on which the
baggage or cargo has been placed at his disposal.”
(16) In Article 28(1),
after “High Contracting Parties” there shall be added “to the
Warsaw Convention”.
(17) The following shall be
substituted for Article 34 : -
“This Schedule does not apply to international carriage by
air performed by way of experimental trial by air navigation undertakings with
the view to the establishment of a regular line of air navigation, nor does it
apply to carriage performed in extraordinary circumstances outside the normal
scope of an air carrier’s business.”
(18) Articles 36 and 40A
shall not apply.
4. The
Guadalajara Convention shall apply to international carriage within the meaning
of this Schedule, with the following exceptions, adaptations and modifications
: -
(1) For
“this Convention” wherever it appears there shall be substituted
“the Guadalajara Convention as applied by this Schedule”.
(2) In Article I,
the following shall be added as paragraph (a) : -
“ ‘the Warsaw Convention’ means the amended
Convention as applied by this Schedule.”
PART B
For convenience of reference the amended Convention and the
Guadalajara Convention, with the exceptions, adaptations and modifications made
by this Schedule, are here set out :
-
A. The amended Warsaw
Convention, as applied by Schedule 2.
(INTERNATIONAL CARRIAGE UNDER THE UNAMENDED WARSAW CONVENTION)
CHAPTER I
SCOPE – DEFINITIONS
ARTICLE
1
(1) This
Schedule applies to all international carriage of persons, baggage or cargo
performed by aircraft for reward. It applies equally to gratuitous carriage by
aircraft performed by an air transport undertaking.
(2) “International
carriage” means any carriage in which, according to the contract made by
the parties, the place of departure and the place of destination, whether or
not there be a break in the carriage or a transhipment,
are situated either within the territories of two States Parties to the
Convention for the Unification
of Certain Rules relating to International Carriage by Air signed
at Warsaw on behalf of His Majesty on 12th October, 1929, or within the
territory of a single such State, if there is an agreed stopping place within
the territory subject to the sovereignty, suzerainty, mandate or authority of
another State, even though that State is not a party to the said Convention of
1929.
(3) A
carriage to be performed by several successive air carriers is deemed, for the
purposes of this Schedule, to be one undivided carriage, if it has been
regarded by the parties as a single operation, whether it had been agreed upon
under the form of a single contract or of a series of contracts, and it does
not lose its international character merely because one contract or a series of
contracts is to be performed entirely within a territory subject to the
sovereignty, suzerainty, mandate or authority of the same High Contracting
Party.
ARTICLE
2
(1) This
Schedule applies to carriage performed by the State, not being a State which
has availed itself of the Additional Protocol to the Warsaw Convention, or by
legally constituted public bodies, provided it falls within the conditions laid
down in Article 1.
(2) This
Schedule does not apply to carriage performed under the terms of any
international postal Convention.
CHAPTER II
DOCUMENTS OF CARRIAGE
SECTION 1. – PASSENGER TICKET
ARTICLE
3
(1) For
the carriage of passengers the carrier must deliver a passenger ticket which
shall contain the following particulars :
-
(a) the place and date of issue ;
(b) the place of departure and of
destination ;
(c) the agreed stopping places,
provided that the carrier may reserve the right to alter the stopping places in
case of necessity, and that if he exercises that right, the alteration shall
not have the effect of depriving the carriage of its international character ;
(d) the name and address of the carrier
or carriers ;
(e) a statement that the carriage is
subject to the rules relating to liability established by the Warsaw Convention.
(2) The
absence, irregularity or loss of the passenger ticket does not affect the
existence or the validity of the contract of carriage, which shall none the
less be subject to the rules of this Schedule. Nevertheless, if the carrier
accepts a passenger without a passenger ticket having been delivered he shall
not be entitled to avail himself of those provisions of this Schedule which
exclude or limit his liability.
SECTION 2. – BAGGAGE CHECK
ARTICLE
4
(1) For
the carriage of baggage, other than small personal objects of which the
passenger takes charge himself, the carrier must deliver a baggage check.
(2) The
baggage check shall be made out in duplicate, one part for the passenger and
the other part for the carrier.
(3) The
baggage check shall contain the following particulars: -
(a) the place and date of issue ;
(b) the place of departure and of
destination ;
(c) the name and address of the carrier
or carriers ;
(d) the number of the passenger ticket
;
(e) a statement that delivery of the
baggage will be made to the bearer of the baggage check ;
(f) the number and weight of the
packages ;
(g) the amount of the value declared in
accordance with Article 22(2) ;
(h) a statement that the carriage is
subject to the rules relating to liability established by the Warsaw
Convention.
(4) The
absence, irregularity or loss of the baggage check does not affect the
existence or the validity of the contract of carriage, which shall none the
less be subject to the rules of this Schedule. Nevertheless, if the carrier
accepts baggage without a baggage check having been delivered, or if the
baggage check does not contain the particulars set out at (d), (f) and (h) above, the carrier shall not be
entitled to avail himself of those provisions of this Schedule which exclude or
limit his liability.
SECTION 3. – AIR WAYBILL
ARTICLE
5
(1) Every
carrier of cargo has the right to require the consignor to make out and hand
over to him a document called an “air waybill” ; every consignor
has the right to require the carrier to accept this document.
(2) The
absence, irregularity or loss of this document does not affect the existence or
the validity of the contract of carriage which shall, subject to the provisions
of Article 9, be none the less governed by the rules of this Schedule.
ARTICLE
6
(1) The
air waybill shall be made out by the consignor in three original parts and be
handed over with the cargo.
(2) The
first part shall be marked “for the carrier”, and shall be signed
by the consignor. The second part shall be marked “for the
consignee” ; it shall be signed by the consignor and by the carrier and
shall accompany the cargo. The third part shall be signed by the carrier and
handed by him to the consignor after the cargo has been accepted.
(3) The
carrier shall sign on acceptance of the goods.
(4) The
signature of the carrier may be stamped ; that of the consignor may be printed
or stamped.
(5) If,
at the request of the consignor, the carrier makes out the air waybill, he
shall be deemed, subject to proof to the contrary, to have done so on behalf of
the consignor.
ARTICLE
7
The carrier of cargo has the right to require the consignor to make
out separate waybills when there is more than one package.
ARTICLE
8
The air waybill shall contain the following particulars : -
(a) the place and date of its execution
;
(b) the place of departure and of
destination ;
(c) the agreed stopping places,
provided that the carrier may reserve the right to alter the stopping places in
case of necessity, and that if he exercises that right the alteration shall not
have the effect of depriving the carriage of its international character ;
(d) the name and address of the
consignor ;
(e) the name and address of the first
carrier ;
(f) the name and address of the
consignee, if the case so requires ;
(g) the nature of the cargo ;
(h) the number of the packages, the
method of packing and the particular marks or numbers upon them ;
(i) the weight, the quantity and
the volume or dimensions of the cargo ;
(j) the apparent condition of the
cargo and of the packing ;
(k) the freight, if it has been agreed
upon, the date and place of payment, and the person who is to pay it ;
(l) if the cargo is sent for
payment on delivery, the price of the cargo, and, if the case so requires, the
amount of the expenses incurred ;
(m) the amount of the value declared in
accordance with Article 22(2) ;
(n) the number of parts of the air
waybill ;
(o) the documents handed to the carrier
to accompany the air waybill ;
(p) the time fixed for the completion
of the carriage and a brief note of the route to be followed, if these matters
have been agreed upon ;
(q) a statement that the carriage is
subject to the rules relating to liability established by the Warsaw
Convention.
ARTICLE
9
If the carrier accepts cargo without an air waybill having been
made out, or if the air waybill does not contain all the particulars set out in
Article 8(a) to (i) inclusive and
(q), the carrier shall not be
entitled to avail himself of the provisions of this Schedule which exclude or
limit his liability.
ARTICLE
10
(1) The
consignor is responsible for the correctness of the particulars and statements
relating to the cargo which he inserts in the air waybill.
(2) The
consignor will be liable for all damage suffered by the carrier or any other person
by reason of the irregularity, incorrectness or incompleteness of the said
particulars and statements.
ARTICLE
11
(1) The
air waybill is prima facie evidence
of the conclusion of the contract, of the receipt of the cargo and of the
conditions of carriage.
(2) The
statements in the air waybill relating to the weight, dimensions and packing of
the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated
; those relating to the quantity, volume and condition of the cargo do not
constitute evidence against the carrier except so far as they both have been,
and are stated in the air waybill to have been, checked by him in the presence
of the consignor, or relate to the apparent condition of the cargo.
ARTICLE
12
(1) Subject
to his liability to carry out all his obligations under the contract of
carriage, the consignor has the right to dispose of the cargo by withdrawing it
at the aerodrome of departure or destination, or by stopping it in the course
of the journey on any landing, or by calling for it to be delivered at the
place of destination or in the course of the journey to a person other than the
consignee named in the air waybill, or by requiring it to be returned to the
aerodrome of departure. He must not exercise this right of disposition in such
a way as to prejudice the carrier or other consignors and he must repay any
expenses occasioned by the exercise of this right.
(2) If
it is impossible to carry out the orders of the consignor the carrier must so
inform him forthwith.
(3) If
the carrier obeys the orders of the consignor for the disposition of the cargo
without requiring the production of the part of the air waybill delivered to
the latter, he will be liable, without prejudice to his right of recovery from
the consignor, for any damage which may be caused thereby to any person who is
lawfully in possession of that part of the air waybill.
(4) The
rights conferred on the consignor ceases at the moment when that of the
consignee begins in accordance with Article 13. Nevertheless, if the
consignee declines to accept the air waybill or the cargo, or if he cannot be
communicated with, the consignor resumes his right of disposition.
ARTICLE
13
(1) Except
in the circumstances set out in the preceding Article, the consignee is
entitled, on arrival of the cargo at the place of destination, to require the
carrier to hand over to him the air waybill and to deliver the cargo to him, on
payment of the charges due and on complying with the conditions of carriage set
out in the air waybill.
(2) Unless
it is otherwise agreed, it is the duty of the carrier to give notice to the
consignee as soon as the cargo arrives.
(3) If
the carrier admits the loss of the cargo, or if the cargo has not arrived at
the expiration of seven days after the date on which it ought to have arrived,
the consignee is entitled to put into force against the carrier the rights
which flow from the contract of carriage.
ARTICLE
14
The consignor and the consignee can respectively enforce all the
rights given them by Articles 12 and 13, each in his own name, whether he
is acting in his own interest or in the interest of another, provided that he
carries out the obligations imposed by the contract.
ARTICLE
15
(1) Articles 12,
13 and 14 do not affect either the relations of the consignor or the consignee
with each other or the mutual relations of third parties whose rights are
derived either from the consignor or from the consignee.
(2) The
provisions of Articles 12, 13 and 14 can only be varied by express
provision in the air waybill.
(3) Nothing
in this Schedule prevents the issue of a negotiable air waybill.
ARTICLE
16
(1) The
consignor must furnish such information and attach to the air waybill such
documents as are necessary to meet the formalities of customs, octroi or police
before the cargo can be delivered to the consignee. The consignor is liable to
the carrier for any damage occasioned by the absence, insufficiency or
irregularity of any such information or documents, unless the damage is due to
the fault of the carrier or his servants or agents.
(2) The
carrier is under no obligation to enquire into the correctness or sufficiency
of such information or documents.
CHAPTER III
LIABILITY OF THE CARRIER
ARTICLE
17
The carrier is liable for damage sustained in the event of the
death or wounding of a passenger or any other bodily injury suffered by a
passenger, if the accident which caused the damage so sustained took place on
board the aircraft or in the course of any of the operations of embarking or
disembarking.
ARTICLE
18
(1) The
carrier is liable for damage sustained in the event of the destruction or loss
of, or of damage to, any registered baggage or any cargo, if the occurrence
which caused the damage so sustained took place during the carriage by air.
(2) The
carriage by air within the meaning of the preceding paragraph comprises the
period during which the baggage or cargo is in charge of the carrier, whether
in an aerodrome or on board an aircraft, or, in the case of a landing outside
an aerodrome, in any place whatsoever.
(3) The
period of the carriage by air does not extend to any carriage by land, by sea
or by river performed outside an aerodrome. If, however, such a 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.
ARTICLE
19
The carrier is liable for damage occasioned by delay in the
carriage by air of passengers, baggage or cargo.
ARTICLE
20
(1) The
carrier is not liable if he proves that he and his servants or agents have taken
all necessary measures to avoid the damage or that it was impossible for him or
them to take such measures.
(2) In
the carriage of cargo and baggage the carrier is not liable if he proves that
the damage was occasioned by negligent pilotage or negligence in the handling
of the aircraft or in navigation and that, in all other respects, he and his
servants or agents have taken all necessary measures to avoid the damage.
ARTICLE
21
If the carrier proves that the damage was caused by or contributed
to by the negligence of the injured person the Court may, in accordance with
the provisions of its own law, exonerate the carrier wholly or partly from his
liability.
ARTICLE
22
(1) In
the carriage of passengers the liability of the carrier for each passenger is
limited to the sum of 125,000 francs. Where, in accordance with the law of the
Court seised of the case, damages may be awarded in
the form of periodical payments, the equivalent capital value of the said
payments shall not exceed 125,000 francs. Nevertheless, by special contract,
the carrier and the passenger may agree to a higher limit of liability.
(2) In
the carriage of registered baggage and of cargo, the liability of the carrier
is limited to a sum of 250 francs per kilogramme,
unless the consignor has made, at the time when the package was handed over to
the carrier, a special declaration of the value at delivery and has paid a
supplementary sum if the case so requires. In that case the carrier will be
liable to pay a sum not exceeding the declared sum, unless he proves that that
sum is greater than the actual value to the consignor at delivery.
(3) As
regards objects of which the passenger takes charge himself the liability of
the carrier is limited to 5,000 francs per passenger.
(4) The
sums mentioned above shall be deemed to refer to the French franc consisting of
65½ milligrammes gold of millesimal fineness
900. These sums may be converted into any national currency in round figures.
ARTICLE
23
Any provision tending to relieve the carrier of liability or to fix
a lower limit than that which is laid down in this Schedule shall be null and
void, but the nullity of any such provision does not involve the nullity of the
whole contract, which shall remain subject to the provisions of this Schedule.
ARTICLE
24
(1) In
the cases covered by Articles 18 and 19 any action for damages, however
founded, can only be brought subject to the conditions and limits set out in
this Schedule.
(2) In
the cases covered by Article 17 the provisions of the preceding paragraph
also apply, without prejudice to the questions as to who are the persons who
have the right to bring suit and what are their respective rights.
ARTICLE
25
(1) The
carrier shall not be entitled to avail himself of the provisions of this
Schedule which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in
accordance with the law of the Court seised of the
case, is considered to be equivalent to wilful
misconduct.
(2) Similarly
the carrier shall not be entitled to avail himself of the said provisions, if
the damage is caused as aforesaid by any servant or agent of the carrier acting
within the scope of his employment.
ARTICLE
25A
(1) If
an action is brought against a servant or agent of the carrier arising out of
damage to which this Schedule relates, such servant or agent, if he proves that
he acted within the scope of his employment, shall be entitled to avail himself
of the limits of liability which that carrier himself is entitled to invoke
under Article 22.
(2) The
aggregate of the amounts recoverable from the carrier, his servants and agents,
in that case, shall not exceed the said limits.
(3) The
provisions of paragraphs (1) and (2) of this Article shall not apply if it
is proved that the damage resulted from an act or omission of the servant or
agent done with intent to cause damage or recklessly and with knowledge that
damage would probably result.
ARTICLE
26
(1) Receipt
by the person entitled to delivery of baggage or cargo without complaint is prima facie evidence that the same has
been delivered in good condition and in accordance with the document of
carriage.
(2) In
the case of damage, the person entitled to delivery must complain to the
carrier forthwith after the discovery of the damage, and, at the latest, within
three days from the date of receipt in the case of baggage and seven days from
the date of receipt in the case of cargo. In the case of delay the complaint
must be made at the latest within fourteen days from the date on which the
baggage or cargo has been placed at his disposal.
(3) Every
complaint must be made in writing upon the document of carriage or by separate
notice in writing despatched within the times
aforesaid.
(4) Failing
complaint within the times aforesaid, no action shall lie against the carrier,
save in the case of fraud on his part.
ARTICLE
27
In the case of the death of the person liable, an action for
damages lies in accordance with the terms of this Schedule against those
legally representing his estate.
ARTICLE
28
(1) An
action for damages must be brought, at the option of the plaintiff, in the
territory of one of the High Contracting Parties to the Warsaw Convention,
either before the Court having jurisdiction where the carrier is ordinarily
resident, or has his principal place of business, or has an establishment by
which the contract has been made or before the Court having jurisdiction at the
place of destination.
(2) Questions
of procedure shall be governed by the law of the Court seised
of the case.
ARTICLE
29
(1) The
right to damages shall be extinguished if an action is not brought within two
years, reckoned from the date of arrival at the destination, or from the date on
which the aircraft ought to have arrived, or from the date on which the
carriage stopped.
(2) The
method of calculating the period of limitation shall be determined by the law
of the Court seised of the case.
ARTICLE
30
(1) In
the case of carriage to be performed by various successive carriers and falling
within the definition set out in the third paragraph of Article 1, each
carrier who accepts passengers, baggage or cargo is subjected to the rules set
out in this Schedule, and is deemed to be one of the contracting parties to the
contract of carriage in so far as the contract deals with that part of the
carriage which is performed under his supervision.
(2) In
the case of carriage of this nature, the passenger or his representative can
take action only against the carrier who performed the carriage during which
the accident or the delay occurred, save in the case where, by express
agreement, the first carrier has assumed liability for the whole journey.
(3) As
regards baggage or cargo, the passenger or consignor will have a right of
action against the first carrier, and the passenger or consignee who is
entitled to delivery will have a right of action against the last carrier, and
further, each may take action against the carrier who performed the carriage
during which the destruction, loss, damage or delay took place. These carriers
will be jointly and severally liable to the passenger or to the consignor or
consignee.
CHAPTER IV
PROVISIONS RELATING TO COMBINED CARRIAGE
ARTICLE
31
(1) In
the case of combined carriage performed partly by air and partly by any other
mode of carriage, the provisions of this Schedule apply only to the carriage by
air, provided that the carriage by air falls within the terms of Article 1.
(2) Nothing
in this Schedule shall prevent the parties in the case of combined carriage
from inserting in the document of air carriage conditions relating to other
modes of carriage, provided that the provisions of this Schedule are observed
as regards the carriage by air.
CHAPTER V
GENERAL AND FINAL PROVISIONS
ARTICLE
32
Any clause contained in the contract and all special agreements
entered into before the damage occurred by which the parties purport to
infringe the rules laid down by this Schedule, whether by deciding the law to
be applied, or by altering the rules as to jurisdiction, shall be null and
void. Nevertheless, for the carriage of cargo arbitration clauses are allowed,
subject to this Schedule, if the arbitration is to take place within one of the
jurisdictions referred to in the first paragraph of Article 28.
ARTICLE
33
Nothing contained in this Schedule shall prevent the carrier either
from refusing to enter into any contract of carriage, or from making
regulations which do not conflict with the provisions of this Schedule.
ARTICLE 34
This Schedule does not apply to international carriage by air
performed by way of experimental trial by air navigation undertakings with the
view to the establishment of a regular line of air navigation, nor does it
apply to carriage performed in extraordinary circumstances outside the normal
scope of an air carrier’s business.
ARTICLE
35
The expression “days” when used in this Schedule means
current days not working days.
ADDITIONAL PROTOCOL TO THE WARSAW
CONVENTION
The High Contracting Parties reserve to themselves the right to
declare at the time of ratification or of accession that the first paragraph of
Article 2 of this Convention shall not apply to international carriage by
air performed directly by the State, its colonies, protectorates or mandated
territories or by any other territory under its sovereignty, suzerainty or
authority.
B. The
Guadalajara
Convention as applied by Schedule 2.
(INTERNATIONAL CARRIAGE UNDER THE UNAMENDED WARSAW CONVENTION)
ARTICLE I
In the Guadalajara Convention as applied by this Schedule :
(a) “the Warsaw Convention”
means the amended Convention as applied by this Schedule ;
(b) “contracting carrier”
means a person who as a principal makes an agreement for carriage governed by
the Warsaw Convention with a passenger or consignor or with a person acting on
behalf of the passenger or consignor ;
(c) “actual carrier” means
a person, other than the contracting carrier, who, by virtue of authority from
the contracting carrier, performs the whole or part of the carriage
contemplated in paragraph (b)
but who is not with respect to such part a successive carrier within the
meaning of the Warsaw Convention. Such authority is presumed in the absence of
proof to the contrary.
ARTICLE II
If an actual carrier performs the whole or part of carriage which,
according to the agreement referred to in Article I, paragraph (b), is governed by the Warsaw
Convention, both the contracting carrier and the actual carrier shall, except
as otherwise provided in the Guadalajara Convention as applied by this
Schedule, be subject to the rules of the Warsaw Convention, the former for the
whole of the carriage contemplated in the agreement, the latter solely for the
carriage which he performs.
ARTICLE III
1. The
acts and omissions of the actual carrier and of his servants and agents acting
within the scope of their employment shall, in relation to the carriage
performed by the actual carrier, be deemed to be also those of the contracting
carrier.
2. The
acts and omissions of the contracting carrier and of his servants and agents
acting within the scope of their employment shall, in relation to the carriage
performed by the actual carrier, be deemed to be also those of the actual
carrier. Nevertheless, no such act or omission shall subject the actual carrier
to liability exceeding the limits specified in Article 22 of the Warsaw
Convention. Any special agreement under which the contracting carrier assumes
obligations not imposed by the Warsaw Convention or any waiver of rights
conferred by that Convention or any special declaration of interest in delivery
at destination contemplated in Article 22 of the said Convention, shall
not affect the actual carrier unless agreed to by him.
ARTICLE IV
Any complaint to be made or order to be given under the Warsaw
Convention to the carrier shall have the same effect whether addressed to the
contracting carrier or to the actual carrier. Nevertheless, orders referred to
in Article 12 of the Warsaw Convention shall only be effective if
addressed to the contracting carrier.
ARTICLE V
In relation to the carriage performed by the actual carrier, any
servant or agent of that carrier or of the contracting carrier shall, if he
proves that he acted within the scope of his employment, be entitled to avail
himself of the limits of liability which are applicable under the Guadalajara
Convention as applied by this Schedule to the carrier whose servant or agent he
is unless it is proved that he acted in a manner which, under the Warsaw
Convention, prevents the limits of liability from being invoked.
ARTICLE VI
In relation to the carriage performed by the actual carrier, the
aggregate of the amounts recoverable from that carrier and the contracting
carrier, and from their servants and agents acting within the scope of their
employment, shall not exceed the highest amount which could be awarded against
either the contracting carrier or the actual carrier under the Guadalajara
Convention as applied by this Schedule, but none of the persons mentioned shall
be liable for a sum in excess of the limit applicable to him.
ARTICLE VII
In relation to the carriage performed by the actual carrier, an
action for damages may be brought, at the option of the plaintiff, against that
carrier or the contracting carrier, or against both together or separately. If
the action is brought against only one of those carriers, that carrier shall
have the right to require the other carrier to be joined in the proceedings,
the procedure and effects being governed by the law of the Court seised of the case.
ARTICLE VIII
Any action for damages contemplated in Article VII of the
Guadalajara Convention as applied by this Schedule must be brought, at the
option of the plaintiff, either before a Court in which any action may be
brought against the contracting carrier, as provided in Article 28 of the
Warsaw Convention, or before the Court having jurisdiction at the place where
the actual carrier is ordinarily resident or has his principal place of
business.
ARTICLE IX
1. Any
contractual provision tending to relieve the contracting carrier or the actual
carrier of liability under the Guadalajara Convention as applied by this
Schedule or to fix a lower limit than that which is applicable according to the
Guadalajara Convention as applied by this Schedule shall be null and void, but
the nullity of any such provision does not involve the nullity of the whole
agreement, which shall remain subject to the provisions of the Guadalajara
Convention as applied by this Schedule.
2. In
respect of the carriage performed by the actual carrier, the preceding
paragraph shall not apply to contractual provisions governing loss or damage
resulting from the inherent defect, quality or vice of the cargo carried.
3. Any
clause contained in an agreement for carriage and all special agreements
entered into before the damage occurred by which the parties purport to
infringe the rules laid down by the Guadalajara Convention as applied by this
Schedule, whether by deciding the law to be applied, or by altering the rules
as to jurisdiction, shall be null and void. Nevertheless, for the carriage of
cargo arbitration clauses are allowed, subject to the Guadalajara Convention as
applied by this Schedule, if the arbitration is to take place in one of the
jurisdictions referred to in Article VIII.
ARTICLE X
Except as provided in Article VII, nothing in the Guadalajara
Convention as applied by this Schedule shall affect the rights and obligations
of the two carriers between themselves.