Carriage by Air Act 1961

Prospective

[F1 CHAPTER V U.K. GENERAL AND FINAL PROVISIONS

Textual Amendments

F1 Schedule 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 with saving for Schedule 1 as originally enacted, containing the provisions of the Warsaw Convention with the amendments made in it by the Hague Protocol, by Carriage by Air and Road Act 1979 (c. 28, SIF 9),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)

Article 32 U.K.

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 Convention, 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 Convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28.

Article 33 U.K.

Except as provided in paragraph (3) of Article 5, nothing in this Convention 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 Convention.

Article 34 U.K.

The provisions of Articles 3 to 8 inclusive relating to documents of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of an air carrier’s business.

Article 35 U.K.

The expression “days” when used in this Convention means current days not working days.

Article 35A U.K.

• 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.

Article 40A U.K.

(1) [This paragraph is not reproduced. It defines “High Contracting Party".]

(2) For the purposes of the Convention the wordterritory means not only the metropolitan territory of a State but also all other territories for the foreign relations of which that State is responsible.

[Articles 36, 37, 38, 39, 40and42and the concluding words of the Convention are not reproduced. They deal, among other things, with the coming into force of the Convention. The former Article 25is superseded by Article 24.]

ADDITIONAL PROTOCOL

(With reference to Article 2)

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.]