The Carriage by Air Acts (Application of Provisions) (Fifth Amendment) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order further amends the Carriage by Air Acts (Application of Provisions) Order 1967 (which applies the provisions of the Carriage by Air Act 1961 and the Carriage by Air (Supplementary Provisions) Act 1962, with modifications set out in the Order, to carriage to which those Acts would not otherwise apply) to apply the provisions of Protocol Number 4 of Montreal, 1975 to domestic carriage. That Protocol amends the Warsaw Convention (the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw on 12 October 1929), as amended by the Hague Protocol on 28 September 1955.

In the context of this Order the principal effect of Protocol No 4 of Montreal is to introduce strict liability in respect of the carriage of cargo except where the destruction, loss or damage to the cargo results solely from an inherent defect of the cargo, defective packing of that cargo by someone other than the carrier or his servants or agents, an act of war or armed conflict or an act of a public authority in connection with the entry, exit or transit of the cargo. The liability limits are maximum limits.