- Act 100 of 1953
- 1 December 1998
Download PDF (229.4 KB)
Carriage by Air Act, 1953
Act 100 of 1953
- Commenced on 1 January 1954
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Carriage by Air Act, 1953.
3. Application of sections 1 and 2 of the ActSections 1 and 2 of the United Kingdom Act subject to the adaptations and modifications as set forth in the First Schedule hereto shall mutatis mutandis apply to Swaziland.
4. RevocationThe following Orders are hereby revoked but without prejudice to anything lawfully done thereunder—The Carriage by Air (Colonies, Protectorates and Mandated Territories) Order, 1934;The Carriage by Air (Colonies, Protectorates and Mandated Territories) (Date of coming into Force of Convention) Order, 1935;The Carriage by Air (Aden) Order, 1938;The Carriage by Air (Aden Protectorate) (Date of Coming into Force of Convention) Order, 1938; andThe Carriage by Air (Basutoland, Bechuanaland Protectorate and Swaziland) Order, 1952.
1. Section 1
2. Section 2Every High Contracting Party to the Convention who has not availed himself of the provisions of the additional Protocol thereto shall, for the purposes of any action brought in a Court in the Colony in accordance with the provisions of Article 28 of the said First Annex to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that Court, and accordingly rules of Court may provide for the manner in which any action is to be commenced and carried on; but nothing in this section shall authorise the issue of execution against the property of any High Contracting Party.
Convention for the unification of certain rules relating to international carriage by air
Scope — Definitions
Documents of carriage
1. Section 1. Passenger ticket
2. Section 2. Luggage ticket
3. Section 3. Air consignment note
Article 7The carrier of goods has the right to require the consignor to make out separate consignment notes when there is more than one package.
Article 8The air consignment note shall contain the following particulars:
Article 9If the carrier accepts goods without an air consignment note having been made out, or if the air consignment note 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 Convention which exclude or limit his liability.
Article 14The 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.
Liability of the carrier
Article 17The carrier is liable for damage sustained in the event of the death or wounding of a passenger of 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 19The carrier is liable for damage occasioned by delay in the carriage by air of pass-engers, luggage or goods.
Article 21If 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 23Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention 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 Convention.
Article 27In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his estate.
Provisions relating to combined carriage
General and final provisions
Article 32Any 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 goods 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 33Nothing contained 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 34This Convention 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 35The expression "days" when used in this Convention means current days not working days.
Article 36The Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall be sent by the Polish Government to the Government of each of the High Contracting Parties.
Article 41Any High Contracting Party shall be entitled not earlier than two years after the coming into force of this Convention to call for the assembling of a new international Conference in order to consider any improvements which may he made in this Convention. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference.This Convention done at Warsaw on the 12th October, 1929, shall remain open for signature until the 31st January, 1930.[Here follow the signatures on behalf of the following countries: Germany, Austria, Belgium, Brazil, Denmark, Spain, France, Great Britain and Northern Ireland, the Common-wealth of Australia, the Union of South Africa, Greece, Italy, Japan, Latvia, Luxembourg, Norway, the Netherlands, Poland, Roumania, Switzerland, Czecho-Slovakia, the Union of Soviet Socialist Republics, and Yugoslavia.]
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, protect-orates or mandated territories or by any other territory under its sovereingty, suzerainty or authority.
Provisions as to liability of carrier in the event of the death of a passenger
|Aden (Colony and Protectorate).Bahamas.Barbados.Basutoland.Bechuanaland Protectorate.Bermuda.British Guiana.British Honduras.British Solomon Islands Protectorate.Cyprus.Falkland Islands and Dependencies.Fiji.Gambia (Colony and Protectorate).Gibraltar.Gilbert and Ellice Islands Colony.Gold Coast—(a) Colony.(b) Ashanti.(c) Northern Territories.(d) Togoland under United Kingdom trusteeship.Hong Kong.Jamaica (including Turks and Caicos Islands and the Cayman Islands).Kenya (Colony and Protectorate).Leeward Islands—Antigua.Montserrat.St. Christopher, Nevis and Anguilla.
|Virgin Islands.Malta.Mauritius.Nigeria—(a) Colony.(b) Protectorate.(c) Cameroons under United Kingdom trusteeship.North Borneo.Northern Rhodesia.Nyasaland Protectorate.St. Helena and Ascension.Sarawak.Settlements of Penang and Malacca.Seychelles.Sierra Leone (Colony and Protectorate).Singapore.Somaliland Protectorate.Swaziland.Tanganyika.Trinidad and Tobago.Uganda Protectorate.Windward Islands—Dominica.Grenada.St. Lucia.St. Vincent.Zanzibar Protectorate.
History of this document
01 December 1998 this version
01 January 1954