Carriage by Air Act 1961

Prospective

[F1 Article 35AU.K.

Textual Amendments

F1Schedule 1, containing the provisions of the Warsaw Convention as amended at the Hague in 1955 and by Protocols No. 3 and No. 4 signed at Montreal in 1975, substituted (prosp.) with saving for Schedule 1 as originally enacted, containing the provisions of the Warsaw Convention with the amendments made in it by the Hague Protocol, by Carriage by Air and Road Act 1979 (c. 28, SIF 9), ss. 1(1)(3), 6(2), 7(2)

  • No provision contained in this Convention shall prevent a State from establishing and operating within its territory a system to supplement the compensation payable to claimants under the Convention in respect of death, or personal injury, of passengers. Such a system shall fulfil the following conditions:

    (a)

    it shall not in any circumstances impose upon the carrier, his servants or agents, any liability in addition to that provided under this Convention;

    (b)

    it shall not impose upon the carrier any financial or administrative burden other than collecting in that State contributions from passengers if required so to do;

    (c)

    it shall not give rise to any discrimination between carriers with regard to the passengers concerned and the benefits available to the said passengers under the system shall be extended to them regardless of the carrier whose services they have used;

    (d)

    if a passenger has contributed to the system, any person suffering damage as a consequence of death or personal injury of such passenger shall be entitled to the benefits of the system.]