
1 
This Order may be cited as the Carriage by Air (Overseas Territories)
Order 1967, and shall come into operation on 1st June 1967.
2 

(1) In this Order, unless the context otherwise
requires—
 “the Act of 1961”
means the Carriage by Air
Act 1961;
 “the Act of 1962”
means the Carriage by Air
(Supplementary Provisions) Act 1962;
 the “amended Convention”
 means the English text of the Convention
concerning international carriage by air known as “the 
Warsaw Convention as amended at The Hague 1955”
the provisions of which are set out in the First
Annex to schedule 1
to this Order, and includes the Additional Protocol
to the Warsaw Convention as set out at the end
of that Annex.
 “Governor of an Overseas Territory”
 means the officer for the time being
administering the Government of that territory;
 “the Guadalajara Convention”
 means the English text of the Convention
supplementary to the Warsaw Convention,
for the unification of certain rules relating to international carriage by
air performed by a person other than the contracting carrier as set out in
the Schedule to the Act of 1962;
 “Overseas Territory”
 means any one of the territories mentioned
in schedule 3
to this Order;
 “the Warsaw Convention”
 means the 
Convention for the Unification of Certain Rules relating to International
Carriage by Air signed at Warsaw on 12th October 1929.

(2) The 
Interpretation Act 1889 shall apply, with the
necessary adaptations, for the purpose of interpreting this Order and otherwise
in relation thereto as it applies for the purpose of interpreting, and in
relation to, Acts of Parliament of the United Kingdom.
3 
The Carriage
by Air (Colonies, Protectorates and Trust Territories) Order 1953 is revoked in so far as it applies as part
of the law of the territories mentioned in schedule
3 to this Order.
4 
The provisions of section 1(1), subsections (1), (2) and (3) of section 2, sections 3, 4, 5, 
7, 8, 13 and 
14(2) of the Act of 1961, subject to certain
adaptations and modifications, as set out in 
schedule 1 to this Order, are extended to the
territories mentioned in schedule 3
to this Order.
5 

(1) The provisions of 
section 1(1), subsections (1)(b)
and (2) of section 2, and 
sections 3 and 6
of the Act of 1962, subject to certain adaptations and modifications, as set
out in schedule 2
to this Order, are extended to the territories mentioned in 
schedule 3 to this Order.
(2) In the said 
schedule 2 to this Order references to the
Act of 1961 shall be construed as references to that Act subject to the adaptations
and modifications referred to in Article 4
of this Order.
W.G. Agnew

SCHEDULE 1
Article 4
1 

(1) The provisions of the amended Convention
as set out in the First Annex
to this schedule shall, so far as they relate to the rights and liabilities
of carriers, carriers' servants and agents, passengers, consignors, consignees
and other persons, and subject to the provisions of this schedule, have the
force of law in an Overseas Territory in relation to any carriage by air to
which the amended Convention applies, irrespective of the nationality of the
aircraft performing that carriage.
2 

(1) Her Majesty may by Order in Council from
time to time certify who are the High Contracting Parties to the amended Convention,
in respect of what territories they are respectively parties and to what extent
they have availed themselves of the provisions of the 
Additional Protocol at the end of the amended Convention
as set out in the First Annex
to this schedule.
(2) Paragraph
(2) of Article 40A in the 
First Annex to this schedule shall not be read
as extending references in that Annex to the territory of a High Contracting
Party (except such as are references to the territory of any State, whether
a High Contracting Party or not) to include any territory in respect of which
that High Contracting Party is not a party.
(3) An Order in Council under this section
shall, except so far as it has been superseded by a subsequent Order, be conclusive
evidence of the matters so certified.
3 
Any liability
imposed by Article 17 in
the First Annex to this
schedule on a carrier in respect of the death of a passenger shall be in substitution
for any liability of the carrier in respect of the death of that passenger
either under any enactment or at common law and the provisions set out in
the Second Annex
to this schedule shall have effect with respect to the persons by and for
whose benefit the liability so imposed in enforceable and with respect to
the manner in which it may be enforced.
4 

(1) It is hereby declared that the limitations
on liability in Article 22
in the First Annex to this
schedule apply whatever the nature of the proceedings by which liability may
be enforced and that, in particular—
(a) those limitations apply where proceedings
are brought by a tortfeasor to obtain a contribution from another tortfeasor,
and
(b) the limitation for each passenger in 
paragraph (1) of the said Article 22 applies
to the aggregate liability of the carrier in all proceedings which may be
brought against him under the law of an Overseas Territory together with any
proceedings brought against him outside that Overseas Territory.
(2) A court before which proceedings are
brought to enforce a liability which is limited by the said 
Article 22 may at any stage of the proceedings
make any such order as appears to the court to be just and equitable in view
of the provisions of the said Article 22,
and of any other proceedings which have been, or are likely to be, commenced
in an Overseas Territory or elsewhere to enforce the liability in whole or
in part.
(3) Without prejudice to the last foregoing
subsection, a court before which proceedings are brought to enforce a liability
which is limited by the said Article 22
shall, where the liability is, or may be, partly enforceable in other proceedings
in an Overseas Territory or elsewhere, have jurisdiction to award an amount
less than the court would have awarded if the limitation applied solely to
the proceedings before the court, or to make any part of its award conditional
on the result of any other proceedings.
(4) The Governor of an Overseas Territory
may, in such manner as he may think fit, from time to time, specify the respective
amounts which for the purposes of the said Article
22, and in particular of 
paragraph (5) of that Article, are to be taken
as equivalent to the sums expressed in francs which are mentioned in that
Article.
(5) References in this section to the said 
Article 22 include, subject to any necessary
modifications, references to that Article as applied by 
Article 25A.
5 

(1) No action against a carrier's servant
or agent which arises out of damage to which the amended Convention relates
shall, if he was acting within the scope of his employment, be brought after
more than two years, reckoned from the date of arrival at the destination
or from the date on which the aircraft ought to have arrived, or from the
date on which the carriage stopped.
(2) Article
29 in the First Annex
to this schedule shall not be read as applying to any proceedings for contribution
between tortfeasors, but no action shall be brought by a tortfeasor to obtain
a contribution from a carrier in respect of a tort to which the said 
Article 29 applies after the expiration of
two years from the time when judgment is obtained against the person seeking
to obtain the contribution.
(3) The foregoing provisions of this section
and the provisions of the said Article 29
shall have effect as if references in those provisions to an action included
references to an arbitration.
7 

(1) Her Majesty may from time to time by
Order in Council direct that this section shall apply, or shall cease to apply,
to the United Kingdom or any other State specified in the Order.
(2) The amended Convention as set out in
the First Annex
to this schedule shall not apply to the carriage of persons, cargo and baggage
for the military authorities of a State to which this section applies in aircraft
registered in that State if the whole capacity of the aircraft has been reserved
by or on behalf of those authorities.
8 
Every High Contracting Party to the amended Convention who has
not availed himself of the provisions of the Additional
Protocol at the end of the amended Convention as
set out in the First Annex
to this schedule shall, for the purposes of any action brought in a court
in an Overseas Territory in accordance with the provisions of 
Article 28 in 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 such 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.
13 
This Act
shall bind the Crown.
14 

(2) In this Act the expression “court” includes
(in an arbitration allowed by the amended Convention) an arbitrator.
FIRST ANNEX TO SCHEDULE 1


CHAPTER I
Article 1 

(1) This Convention applies to all international
carriage of persons, baggage or cargo performed by aircraft for reward. It
applies equally to gratuitous carriage by aircraft performed by an air transport
undertaking.
(2) For the purposes of this Convention,
the expression international carriage means
any carriage in which, according to the agreement between the parties, the
place of departure and the place of destination, whether or not there be a
break in the carriage or a transshipment, are situated either within the territories
of two High Contracting Parties or within the territory of a single High Contracting
Party if there is an agreed stopping place within the territory of another
State, even if that State is not a High Contracting Party. Carriage between
two points within the territory of a single High Contracting Party without
an agreed stopping place within the territory of another State is not international
carriage for the purposes of this Convention.
(3) Carriage to be performed by several successive
air carriers is deemed, for the purposes of this Convention, 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 the
territory of the same State.
Article 2 

(1) This Convention applies to carriage performed
by the State or by legally constituted public bodies provided it falls within
the conditions laid down in Article 1.

(2) This Convention shall not apply to carriage
of mail and postal packages.
CHAPTER II
Article 3 

(1) In respect of the carriage of passengers
a ticket shall be delivered containing:
(a) an indication of the places of departure
and destination;
(b) if the places of departure and destination
are within the territory of a single High Contracting Party, one or more agreed
stopping places being within the territory of another State, an indication
of at least one such stopping place;
(c) a notice to the effect that, if the passenger's
journey involves an ultimate destination or stop in a country other than the
country of departure, the Warsaw Convention
may be applicable and that the Convention governs and in most cases limits
the liability of carriers for death or personal injury and in respect of loss
of or damage to baggage.
(2) The passenger ticket shall constitute 
prima facie evidence of the conclusion and conditions of the contract
of carriage. 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 Convention. Nevertheless,
if, with the consent of the carrier, the passenger embarks without a passenger
ticket having been delivered, or if the ticket does not include the notice
required by paragraph (1)(c)
of this Article, the carrier shall not be entitled to avail himself of the
provisions of Article 22.

Article 4 

(1) In respect of the carriage of registered
baggage, a baggage check shall be delivered, which, unless combined with or
incorporated in a passenger ticket which complies with the provisions of 
Article 3, paragraph (1),
shall contain:
(a) an indication of the places of departure
and destination;
(b) if the places of departure and destination
are within the territory of a single High Contracting Party, one or more agreed
stopping places being within the territory of another State, an indication
of at least one such stopping place;
(c) a notice to the effect that, if the carriage
involves an ultimate destination or stop in a country other than the country
of departure, the Warsaw Convention
may be applicable and that the Convention governs and in most cases limits
the liability of carriers in respect of loss of or damage to baggage.
(2) The baggage check shall constitute 
prima facie evidence of the registration of the baggage and of the
conditions of the contract of carriage. 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 Convention. Nevertheless, if the carrier takes charge of the baggage
without a baggage check having been delivered or if the baggage check (unless
combined with or incorporated in the passenger ticket which complies with
the provisions of Article 3, 
paragraph (1)(c)) does not include the notice
required by paragraph (1)(c)
of this Article, he shall not be entitled to avail himself of the provisions
of Article 22, 
paragraph (2).
Article 5 

(1) Every carrier of
cargo has the right to require the consignor to make out and hand over to
him a document called an “air waybill”
; every consignor has the right to require the
carrier to accept this document.
(2) The absence, irregularity or loss of
this document does not affect the existence or the validity of the contract
of carriage which shall, subject to the provisions of 
Article 9, be none the less governed by the
rules of this Convention.
Article 6 

(1) The air waybill shall be made out by
the consignor in three original parts and be handed over with the cargo.
(2) The first part shall be marked “for
the carrier”, and shall be signed by the consignor. The second part
shall be marked “for the consignee”; it shall be signed by the
consignor and by the carrier and shall accompany the cargo. The third part
shall be signed by the carrier and handed by him to the consignor after the
cargo has been accepted.
(3) The carrier shall sign prior to the loading
of the cargo on board the aircraft.
(4) The signature of the carrier may be stamped;
that of the consignor may be printed or stamped.
(5) If, at the request of the consignor,
the carrier makes out the air waybill, he shall be deemed, subject to proof
to the contrary, to have done so on behalf of the consignor.
Article 7 
The carrier of cargo has the right to
require the consignor to make out separate waybills when there is more than
one package.
Article 8 
The air waybill shall contain:
(a) an indication of the places of departure
and destination;
(b) if the places of departure and destination
are within the territory of a single High Contracting Party, one or more agreed
stopping places being within the territory of another State, an indication
of at least one such stopping place;
(c) a notice to the consignor to the effect
that, if the carriage involves an ultimate destination or stop in a country
other than the country of departure, the Warsaw
Convention may be applicable and that the Convention
governs and in most cases limits the liability of carriers in respect of loss
of or damage to cargo.
Article 9 
If, with the consent of the carrier,
cargo is loaded on board the aircraft without an air waybill having been made
out, or if the air waybill does not include the notice required by 
Article 8, paragraph (c),
the carrier shall not be entitled to avail himself of the provisions of 
Article 22, paragraph (2).

Article 10 

(1) The consignor is responsible for the
correctness of the particulars and statements relating to the cargo which
he inserts in the air waybill.
(2) The consignor shall indemnify the carrier
against all damage suffered by him, or by any other person to whom the carrier
is liable, by reason of the irregularity, incorrectness or incompleteness
of the particulars and statements furnished by the consignor.
Article 11 

(1) The air waybill is prima facie
 evidence of the conclusion of the contract, of the receipt of the
cargo and of the conditions of carriage.
(2) The statements in the air waybill relating
to the weight, dimensions and packing of the cargo, as well as those relating
to the number of packages, are prima facie evidence of the
facts stated; those relating to the quantity, volume and condition of the
cargo do not constitute evidence against the carrier except so far as they
both have been, and are stated in the air waybill to have been, checked by
him in the presence of the consignor, or relate to the apparent condition
of the cargo.
Article 12 

(1) Subject to his liability to carry out
all his obligations under the contract of carriage, the consignor has the
right to dispose of the cargo by withdrawing it at the aerodrome of departure
or destination, or by stopping it in the course of the journey on any landing,
or by calling for it to be delivered at the place of destination or in the
course of the journey to a person other than the consignee named in the air
waybill, or by requiring it to be returned to the aerodrome of departure.
He must not exercise this right of disposition in such a way as to prejudice
the carrier or other consignors and he must repay any expenses occasioned
by the exercise of this right.
(2) If it is impossible to carry out the
orders of the consignor the carrier must so inform him forthwith.
(3) If the carrier obeys the orders of the
consignor for the disposition of the cargo without requiring the production
of the part of the air waybill delivered to the latter, he will be liable,
without prejudice to his right of recovery from the consignor, for any damage
which may be caused thereby to any person who is lawfully in possession of
that part of the air waybill.
(4) The right conferred on the consignor
ceases at the moment when that of the consignee begins in accordance with 
Article 13. Nevertheless, if the consignee
declines to accept the waybill or the cargo, or if he cannot be communicated
with, the consignor resumes his right of disposition.
Article 13 

(1) Except in the circumstances set out in
the preceding Article, the consignee is entitled, on arrival of the cargo
at the place of destination, to require the carrier to hand over to him the
air waybill and to deliver the cargo to him, on payment of the charges due
and on complying with the conditions of carriage set out in the air waybill.

(2) Unless it is otherwise agreed, it is
the duty of the carrier to give notice to the consignee as soon as the cargo
arrives.
(3) If the carrier admits the loss of the
cargo, or if the cargo has not arrived at the expiration of seven days after
the date on which it ought to have arrived, the consignee is entitled to put
into force against the carrier the rights which flow from the contract of
carriage.
Article 14 
The 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.
Article 15 

(1) 
Articles 12, 13 and 14 do not affect either
the relations of the consignor or the consignee with each other or the mutual
relations of third parties whose rights are derived either from the consignor
or from the consignee.
(2) The provisions of Articles 12, 13 and 14 can only
be varied by express provision in the air waybill.
(3) Nothing in this Convention prevents the
issue of a negotiable air waybill.
Article 16 

(1) The consignor must furnish such information
and attach to the air waybill such documents as are necessary to meet the
formalities of customs, octroi or police before the cargo can be delivered
to the consignee. The consignor is liable to the carrier for any damage occasioned
by the absence, insufficiency or irregularity of any such information or documents,
unless the damage is due to the fault of the carrier or his servants or agents.

(2) The carrier is under no obligation to
enquire into the correctness or sufficiency of such information or documents.

CHAPTER III
Article 17 
The carrier is liable for damage sustained
in the event of the death or wounding of a passenger or 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 18 

(1) The carrier is liable for damage sustained
in the event of the destruction or loss of, or of damage to, any registered
baggage or any cargo, if the occurrence which caused the damage so sustained
took place during the carriage by air.
(2) The carriage by air within the meaning
of the preceding paragraph comprises the period during which the baggage or
cargo is in charge of the carrier, whether in an aerodrome or on board an
aircraft, or, in the case of a landing outside an aerodrome, in any place
whatsoever.
(3) The period of the carriage by air does
not extend to any carriage by land, by sea or by river performed outside an
aerodrome. If, however, such a carriage takes place in the performance of
a contract for carriage by air, for the purpose of loading, delivery or transshipment,
any damage is presumed, subject to proof to the contrary, to have been the
result of an event which took place during the carriage by air.
Article 19 
The carrier is liable for damage occasioned
by delay in the carriage by air of passengers, baggage or cargo.
Article 20 
The carrier is not liable if he proves
that he and his servants or agents have taken all necessary measures to avoid
the damage or that it was impossible for him or them to take such measures.

Article 21 
If 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 22 

(1) In the carriage of persons the liability
of the carrier for each passenger is limited to the sum of two hundred and
fifty thousand 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 two hundred
and fifty thousand francs. Nevertheless, by special contract, the carrier
and the passenger may agree to a higher limit of liability.
(2) —
(a) In the carriage of registered baggage
and of cargo, the liability of the carrier is limited to a sum of two hundred
and fifty francs per kilogramme, unless the passenger or consignor has made,
at the time when the package was handed over to the carrier, a special declaration
of interest in delivery at destination 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 passenger's or consignor's actual interest in delivery at destination.

(b) In the case of loss, damage or delay
of part of registered baggage or cargo, or of any object contained therein,
the weight to be taken into consideration in determining the amount to which
the carrier's liability is limited shall be only the total weight of the package
or packages concerned. Nevertheless, when the loss, damage or delay of a part
of the registered baggage or cargo, or of an object contained therein, affects
the value of other packages covered by the same baggage check or the same
air waybill, the total weight of such package or packages shall also be taken
into consideration in determining the limit of liability.
(3) As regards objects of which the passenger
takes charge himself the liability of the carrier is limited to five thousand
francs per passenger.
(4) The limits prescribed in this Article
shall not prevent the court from awarding, in accordance with its own law,
in addition, the whole or part of the court costs and of the other expenses
of the litigation incurred by the plaintiff. The foregoing provision shall
not apply if the amount of the damages awarded, excluding court costs and
other expenses of the litigation, does not exceed the sum which the carrier
has offered in writing to the plaintiff within a period of six months from
the date of the occurrence causing the damage, or before the commencement
of the action, if that is later.
(5) The sums mentioned in francs in this
Article shall be deemed to refer to a currency unit consisting of sixty-five
and a half milligrammes of gold of millesimal fineness nine hundred. These
sums may be converted into national currencies in round figures. Conversion
of the sums into national currencies other than gold shall, in case of judicial
proceedings, be made according to the gold value of such currencies at the
date of the judgment.
Article 23 

(1) Any 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.
(2) Paragraph
(1) of this Article shall not apply to provisions
governing loss or damage resulting from the inherent defect, quality or vice
of the cargo carried.
Article 24 

(1) In the cases covered by Articles 18 and 19 any action
for damages, however founded, can only be brought subject to the conditions
and limits set out in this Convention.
(2) In the cases covered by 
Article 17 the provisions of the preceding
paragraph also apply, without prejudice to the questions as to who are the
persons who have the right to bring suit and what are their respective rights.

Article 25 
The limits of liability specified in 
Article 22 shall not apply if it is proved
that the damage resulted from an act or omission of the carrier, his servants
or agents, done with intent to cause damage or recklessly and with knowledge
that damage would probably result;
provided that, in the case of such act or omission of
a servant or agent, it is also proved that he was acting within the scope
of his employment.
Article 25A 

(1) If an action is brought against a servant
or agent of the carrier arising out of damage to which this Convention relates,
such servant or agent, if he proves that he acted within the scope of his
employment, shall be entitled to avail himself of the limits of liability
which that carrier himself is entitled to invoke under 
Article 22.
(2) The aggregate of the amounts recoverable
from the carrier, his servants and agents, in that case, shall not exceed
the said limits.
(3) The provisions of paragraphs (1) and (2) of this
Article shall not apply if it is proved that the damage resulted from an act
or omission of the servant or agent done with intent to cause damage or recklessly
and with knowledge that damage would probably result.
Article 26 

(1) Receipt by the person entitled to delivery
of baggage or cargo without complaint is prima facie evidence
that the same has been delivered in good condition and in accordance with
the document of carriage.
(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 seven days from the date of receipt
in the case of baggage and fourteen 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
twenty-one days from the date on which the baggage or cargo have been placed
at his disposal.
(3) Every complaint must be made in writing
upon the document of carriage or by separate notice in writing despatched
within the times aforesaid.
(4) Failing complaint within the times aforesaid,
no action shall lie against the carrier, save in the case of fraud on his
part.
Article 27 
In 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.
Article 28 

(1) An action for damages must be brought,
at the option of the plaintiff, in the territory of one of the High Contracting
Parties, either before the court having jurisdiction where the carrier is
ordinarily resident, or has his principal place of business, or has an establishment
by which the contract has been made or before the court having jurisdiction
at the place of destination.
(2) Questions of procedure shall be governed
by the law of the court seised of the case.
Article 29 

(1) The right to damages shall be extinguished
if an action is not brought within two years, reckoned from the date of arrival
at the destination, or from the date on which the aircraft ought to have arrived,
or from the date on which the carriage stopped.
(2) The method of calculating the period
of limitation shall be determined by the law of the court seised of the case.

Article 30 

(1) In the case of carriage to be performed
by various successive carriers and falling within the definition set out in
the third paragraph of Article 1,
each carrier who accepts passengers, baggage or cargo is subjected to the
rules set out in this Convention, and is deemed to be one of the contracting
parties to the contract of carriage in so far as the contract deals with that
part of the carriage which is performed under his supervision.
(2) In the case of carriage of this nature,
the passenger or his representative can take action only against the carrier
who performed the carriage during which the accident or the delay occurred,
save in the case where, by express agreement, the first carrier has assumed
liability for the whole journey.
(3) As regards baggage or cargo, the passenger
or consignor will have a right of action against the first carrier, and the
passenger or consignee who is entitled to delivery will have a right of action
against the last carrier, and further, each may take action against the carrier
who performed the carriage during which the destruction, loss, damage or delay
took place. These carriers will be jointly and severally liable to the passenger
or to the consignor or consignee.
CHAPTER IV
Article 31 

(1) In the case of combined carriage performed
partly by air and partly by any other mode of carriage, the provisions of
this Convention apply only to the carriage by air, provided that the carriage
by air falls within the terms of Article 1.

(2) Nothing in this Convention shall prevent
the parties in the case of combined carriage from inserting in the document
of air carriage conditions relating to other modes of carriage, provided that
the provisions of this Convention are observed as regards the carriage by
air.
CHAPTER V
Article 32 
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 
Nothing 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 34 
The provisions of Articles 3 to 9 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 
The expression 
“days” when used in this Convention means current days not working days.
Article 40A 
[This paragraph
is not reproduced. It defines “High Contracting Party”]

(2) For the purposes of the Convention the
word territory 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, 40 and 41 and the
concluding words of the Convention are not reproduced. They deal with the
deposition and coming into force of the Convention.]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.


SECOND ANNEX TO SCHEDULE 1
1 

(1) The liability shall be enforceable for
the benefit of such of the members of the passenger's family as sustained
damage by reason of his death.
(2) For the purposes of this paragraph the
following shall be taken to be the members of the passenger's family, that
is to say, the passenger's wife or husband, parents, grandparents, children
and grandchildren and any person who is, or is the issue of, a brother, sister,
uncle or aunt of the passenger.
(3) In deducing any relationship for the
purposes of this paragraph—
(a) an adopted person shall be treated as
the child of the person or persons by whom he was adopted and not as the child
of any other person; and, subject thereto,
(b) any relationship by affinity shall be
treated as a relationship by consanguinity, any relationship of the half blood
as a relationship of the whole blood, and the step-child of any person as
his child; and
(c) an illegitimate person shall be treated
as a legitimate child of his mother and reputed father.
2 
Subject to the provisions of this schedule,
an action to enforce the liability may be brought by the personal representative
of the passenger or by any person for whose benefit the liability is under
the last preceding paragraph enforceable, but only one action shall be brought
in respect of the death of any one passenger and every such action by whomsoever
brought shall be for the benefit of all such persons so entitled as aforesaid
as either are domiciled in the Overseas Territory, or, not being domiciled
there, express a desire to take the benefit of this action.
3 
Subject to the provisions of this schedule,
the amount recovered in any such action, after deducting any costs not recovered
from the defendant, shall be divided between the persons entitled in such
proportions as the court (or, where the action is tried with a jury, the jury)
direct.
SCHEDULE 2
Article 5
1 

(1) The provisions of the 
Guadalajara Convention, as set out in the Annex
to this schedule, shall, so far as they relate to the rights and liabilities
of carriers, carriers' servants and agents, passengers, consignors, consignees,
and other persons, and subject to the provisions of this schedule, have the
force of law in an Overseas Territory in relation to any carriage by air to
which the Guadalajara Convention
applies, irrespective of the nationality of the aircraft performing that carriage.

2 

(1) 
(b) In the Annex to this schedule the 
Warsaw Convention means the amended Convention.

(2) In 
Articles VII and VIII in the Annex to this
schedule “court”  includes (in an arbitration allowed by the amended Convention or
by Article IX.3
in the said schedule) an arbitrator.
3 

(1) In paragraph
(a) of subsection (1) and in 
subsection (2) and (3) of section 4 of the
Act of 1961 references to Article 22
shall include, subject to any necessary modifications, references to 
Article VI in the Annex to this schedule.
(2) In section
5 of the Act of 1961 (which limits the time
for bringing proceedings against a carrier's servant or agent and to obtain
contribution from a carrier) references to a carrier include references to
an actual carrier as defined in paragraph (c)
of Article 1 in the Annex to this schedule
as well as to a contracting carrier as defined in 
paragraph (b) of that Article.
(3) In section
8 of the Act of 1961 (which relates to actions
against States brought in an Overseas Territory in accordance with 
Article 28 in the First Annex
to this schedule) the reference to Article 28
 shall include a reference to 
Article VIII in the Annex to this schedule.

6 
This Act
shall bind the Crown.
ANNEX TO SCHEDULE 2

ARTICLE IIn this Convention:

(b) “contracting
carrier” means a person who as
a principal makes an agreement for carriage governed by the 
Warsaw Convention with a passenger or consignor
or with a person acting on behalf of the passenger or consignor;
(c) “actual
carrier” means a person, other
than the contracting carrier, who, by virtue of authority from the contracting
carrier, performs the whole or part of the carriage contemplated in 
paragraph (b) but who is not with respect to
such part a successive carrier within the meaning of the 
Warsaw Convention. Such authority is presumed
in the absence of proof to the contrary.

ARTICLE IIIf an actual carrier
performs the whole or part of carriage which, according to the agreement referred
to in Article I, 
paragraph (b), is governed by the 
Warsaw Convention, both the contracting carrier
and the actual carrier shall, except as otherwise provided in this Convention,
be subject to the rules of the Warsaw Convention
, the former for the whole of the carriage
contemplated in the agreement, the latter solely for the carriage which he
performs.

ARTICLE III
1 
The acts and omissions of the actual carrier
and of his servants and agents acting within the scope of their employment
shall, in relation to the carriage performed by the actual carrier, be deemed
to be also those of the contracting carrier.
2 
The acts and omissions of the contracting carrier
and of his servants and agents acting within the scope of their employment
shall, in relation to the carriage performed by the actual carrier, be deemed
to be also those of the actual carrier. Nevertheless, no such act or omission
shall subject the actual carrier to liability exceeding the limits specified
in Article 22 of the 
Warsaw Convention. Any special agreement under
which the contracting carrier assumes obligations not imposed by the Warsaw
Convention or any waiver of rights conferred by that Convention or any special
declaration of interest in delivery at destination contemplated in 
Article 22 of the said Convention, shall not
affect the actual carrier unless agreed to by him.
ARTICLE IVAny complaint to be
made or order to be given under the Warsaw Convention
 to the carrier shall have the same effect
whether addressed to the contracting carrier or to the actual carrier. Nevertheless,
orders referred to in Article 12
of the Warsaw Convention
shall only be effective if addressed to the contracting carrier.

ARTICLE VIn relation to the carriage
performed by the actual carrier, any servant or agent of that carrier or of
the contracting carrier shall, if he proves that he acted within the scope
of his employment, be entitled to avail himself of the limits of liability
which are applicable under this Convention to the carrier whose servant or
agent he is unless it is proved that he acted in a manner which, under the 
Warsaw Convention, prevents the limits of liability
from being invoked.

ARTICLE VIIn relation to the
carriage performed by the actual carrier, the aggregate of the amounts recoverable
from that carrier and the contracting carrier, and from their servants and
agents acting within the scope of their employment, shall not exceed the highest
amount which could be awarded against either the contracting carrier or the
actual carrier under this Convention, but none of the persons mentioned shall
be liable for a sum in excess of the limit applicable to him.

ARTICLE VIIIn relation to the
carriage performed by the actual carrier, an action for damages may be brought,
at the option of the plaintiff, against that carrier or the contracting carrier,
or against both together or separately. If the action is brought against only
one of those carriers, that carrier shall have the right to require the other
carrier to be joined in the proceedings, the procedure and effects being governed
by the law of the court seised of the case.

ARTICLE VIIIAny action for damages
contemplated in Article VII
of this Convention must be brought, at the option of the plaintiff, either
before a court in which an action may be brought against the contracting carrier,
as provided in Article 28
of the Warsaw Convention,
or before the court having jurisdiction at the place where the actual carrier
is ordinarily resident or has his principal place of business.

ARTICLE IX
1 
Any contractual provision tending to relieve
the contracting carrier or the actual carrier of liability under this Convention
or to fix a lower limit than that which is applicable according to this Convention
shall be null and void, but the nullity of any such provision does not involve
the nullity of the whole agreement, which shall remain subject to the provisions
of this Convention.
2 
In respect of the carriage performed by the
actual carrier, the preceding paragraph shall not apply to contractual provisions
governing loss or damage resulting from the inherent defect, quality or vice
of the cargo carried.
3 
Any clause contained in an agreement for carriage
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 in one of the jurisdictions referred to in 
Article VIII.
ARTICLE XExcept as provided in 
Article VII, nothing in this Convention shall
affect the rights and obligations of the two carriers between themselves.



SCHEDULE 3
Articles 4 and 5


 Bahamas.
 Bermuda.
 British Antarctic Territory.
 British Honduras.
 British Indian Ocean Territory.
 British Solomon Islands Protectorate.
 British Virgin Islands.
 Cayman Islands.
 Central and Southern Line Islands.
 Cyprus: Sovereign Base Areas of Akrotiri and Dhekelia.
 Falkland Islands and Dependencies.
 Fiji.
 Gibraltar.
 Gilbert and Ellice Islands Colony.
 Hong Kong.
 Mauritius.
 Montserrat.
 St. Helena and Ascension.
 Seychelles.
 Turks and Caicos Islands.
