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The Carriage by Air Acts (Application of Provisions) Order 2004

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PART I U.K.

1.  The 1955 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.U.K.

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.U.K.

3.  The 1955 amended Convention shall apply to international carriage as aforesaid, with the following exceptions, adaptations and modifications—U.K.

(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 cargo..

(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 of 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) Article 15 (3) shall not apply.

(12) 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..

(13) 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 65 milligrammes gold of millesimal fineness 900. These sums may be converted into any national currency in round figures..

(14) Article 23 (2) shall not apply.

(15) 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..

(16) Article 25A shall not apply.

(17) 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..

(18) In Article 28 (1), after “High Contracting Parties” there shall be added “ to the Warsaw Convention ”.

(19) 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. ”.

(20) 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.U.K.

(1) For “this Convention” wherever it appears there shall be substituted “ the Guadalajara Convention as applied by this Schedule ”.

(2) In Article 1, the following shall be added as paragraph (a)—

the Warsaw Convention” means the 1955 amended Convention as applied by this Schedule..

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