Air Navigation and Transport Act, 1959

In short

This law amends the Air Navigation and Transport Act of 1936 to incorporate changes from a 1955 international agreement (the 1955 Protocol to the Warsaw Convention) concerning international air travel. It updates rules related to air carriage, including liability and documentation for passengers and baggage.

What it regulates

Amendments to the Air Navigation and Transport Act, 1936.
The application of the 1955 Protocol to the Warsaw Convention within the State.
Rules for international carriage by air, specifically regarding passenger tickets, baggage checks, and liability.
The conversion of sums in francs to the currency of the State for damages.

Who it concerns

Air carriers involved in international and non-international carriage by air.
Passengers travelling by air, especially those on international journeys.

Key points

The 1955 Protocol to the Warsaw Convention has the force of law in the State, but only for States that are parties to this Protocol.
Passenger tickets must include an indication of departure and destination, and a notice about the potential applicability and liability limits of the Warsaw Convention.
Baggage checks must contain similar information and a notice regarding carrier liability for loss or damage.
If a passenger embarks without a proper ticket or if the ticket lacks the required notice, the carrier may not be able to limit their liability as per Article 22.
Sums for damages mentioned in francs will be converted to the State's currency at the exchange rate on the date the damages are determined by the Court.

Legal text

Obsah (11)

Article 22 Article 1 Article 2 Article 3 Article 4 Article 6 Article 10 Article 23 Article 25 Article 26 Article 37

Act, 1959 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe a

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struments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1959 Air Navigation and Transport Act, 1959 Air Navigation and Transport Act, 1959 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 1 of 1959. AIR NAVIGATION AND TRANSPORT ACT, 1959. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title and collective citation. 2. Commencement. 3.

terpretation. PART II. Amendments of the Principal Act.

Amendment of section 18 of the Principal Act.
Amendment of the First Schedule to the Principal Act. PART III. Provisions

relation to the 1955 Protocol To The Warsaw Convention.

Application of Part III.
1955 Protocol to the Warsaw Convention to have the force of law

the State. PART IV. Carriage by air which is not

ternational

Amendment of section 20 of the Principal Act. SCHEDULE. Act Referred to Air Navigation and Transport Act, 1936 1936, No. 40 Number 1 of
AIR NAVIGATION AND TRANSPORT ACT,
AN ACT TO AMEND SECTION 18 OF AND THE FIRST SCHEDULE TO THE AIR NAVIGATION AND TRANSPORT ACT, 1936 , TO ENABLE EFFECT TO BE GIVEN TO A PROTOCOL (SIGNED AT THE HAGUE ON THE 28TH DAY OF SEPTEMBER, 1955) TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO

TERNATIONAL CARRIAGE BY AIR SIGNED AT WARSAW ON THE 12TH DAY OF OCTOBER, 1929, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [18th March, 1959.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary and General. Short title and collective citation. 1.—

(1)This Act may be cited as the Air Navigation and Transport Act, 1959.

(2)The Air Navigation and Transport Acts, 1936 to 1950, and this Act may be cited together as the Air Navigation and Transport Acts, 1936 to 1959. Commencement. 2.—

(1)This Act (except Parts III and IV and the Schedule) shall come

to operation immediately upon the passing thereof.

(2)The following provisions of this Act, namely, Parts III and IV and the Schedule, shall come

to operation on such day as shall be fixed for that purpose by order of the Government.

terpretation. 3.—

this Act— “the Principal Act” means the Air Navigation and Transport Act, 1936 ; “the 1955 Protocol to the Warsaw Convention” means the Protocol (signed at The Hague on the 28th September, 1955) to amend the Warsaw Convention; “the Warsaw Convention” has the same meaning as

the Principal Act. PART II. Amendments of the Principal Act. Amendment of section 18 of the Principal Act. 4.—

(1)The following clause shall be substituted for clause (

ii)of paragraph (
b)of section 18 of the Principal Act— “(ii)

deducing any relationship— (I) a person adopted under the Adoption Act, 1952 (No. 25 of 1952), shall be considered as the child of the adopter or adopters born to him, her or them

lawful wedlock and not to be the child of any other person, (II) subject to sub-clause (I) of this clause, an illegitimate person shall be considered the legitimate offspring of his mother and reputed father, (III) a person

loco parentis to another shall be considered the parent of that other;”.

(2)Subsection

(1)of this section shall not apply

respect of an action to enforce the liability of a carrier

respect of the death of a passenger where the death occurred before the passing of this Act. Amendment of the First Schedule to the Principal Act. 5.—The First Schedule to the Principal Act is hereby amended

the following respects— (

a)the word “baggage” shall be substituted for the word “luggage” wherever the latter word occurs, (
b)the expression “baggage ticket” shall be substituted for the expression “luggage ticket” wherever the latter expression occurs, (
c)the word “cargo” shall be substituted for the word “goods” wherever the latter word occurs, (
d)the expression “air waybill” shall be substituted for the expression “air consignment note” wherever the latter expression occurs. PART III. Provisions

relation to the 1955 Protocol to the Warsaw Convention. Application of Part III. 6.—This Part shall apply only

respect of States which are parties to the 1955 Protocol to the Warsaw Convention. 1955 Protocol to the Warsaw Convention to have the force of law

the State. 7.—

(1)The provisions of the 1955 Protocol to the Warsaw Convention, as set out

the Schedule to this Act, shall have the force of law

the State, and the following provisions of the Principal Act, namely section 18 (as amended by section 4 of this Act) and the First Schedule (as amended by section 5 of this Act) shall have effect accordingly.

(2)The Government may by order from time to time certify who are the parties to the 1955 Protocol to the Warsaw Convention,

respect of what territories they are respectively parties and to what extent they have availed themselves of the right of reservation provided for

Article XXVI of the 1955 Protocol to the Warsaw Convention.

(3)Any sum

francs mentioned

Article 22

of the First Schedule to the Principal Act, as amended by Article XI of the Schedule to this Act, shall, for the purposes of an action against the carrier, be converted

to the currency of the State at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the Court. PART IV. Carriage by air which is not

ternational. Amendment of section 20 of the Principal Act. 8.—

section 20 of the Principal Act— (

a)references to the First Schedule to the Principal Act shall be construed as references to the said First Schedule as amended by section 5 of this Act and by the Schedule to this Act, (
b)the reference to section 18 of the Principal Act shall be construed as a reference to the said section 18 as amended by section 4 of this Act. SCHEDULE. PROTOCOL Sections 7 and 8 . TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO

TERNATIONAL CARRIAGE BY AIR SIGNED AT WARSAW ON 12 OCTOBER 1929. THE GOVERNMENTS UNDERSIGNED CONSIDERING that it is desirable to amend the Convention for the Unification of Certain Rules Relating to

ternational Carriage by Air signed at Warsaw on 12 October 1929, HAVE AGREED as follows: CHAPTER I. Amendments to the Convention. Article I.

Article 1of the Convention— (a) paragraph

(2)shall be deleted and replaced by the following:— “

(2)For the purposes of this Convention, the expression

ternational carriage means any carriage

which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break

the carriage or a transhipment, 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

ternational carriage for the purposes of this Convention.” (b) paragraph

(3)shall be deleted and replaced by the following:— “

(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

ternational character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State.” Article II.

Article 2of the Convention— paragraph

(2)shall be deleted and replaced by the following:— “

(2)This Convention shall not apply to carriage of mail and postal packages.” Article III.

Article 3of the Convention— (a) paragraph

(1)shall be deleted and replaced by the following:— “

(1)

respect of the carriage of passengers a ticket shall be delivered containing: (a) an

dication 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

dication of at least one such stopping place; (c) a notice to the effect that, if the passenger's journey

volves an ultimate destination or stop

a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and

most cases limits the liability of carriers for death or personal

jury and

respect of loss of or damage to baggage.” (b) paragraph

(2)shall be deleted and replaced by the following:— “

(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

clude 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 IV.

Article 4of the Convention— (a) paragraphs

(1),

(2)and

(3)shall be deleted and replaced by the following:— “

(1)

respect of the carriage of registered baggage, a baggage check shall be delivered, which, unless combined with or

corporated

a passenger ticket which complies with the provisions of Article 3, paragraph

(1), shall contain: (a) an

dication of at least one such stopping place; (c) a notice to the effect that, if the carriage

volves an ultimate destination or stop

a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and

most cases limits the liability of carriers

respect of loss of or damage to baggage.” (b) paragraph

(4)shall be deleted and replaced by the following:— “

(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

corporated

the passenger ticket which complies with the provisions of Article 3, paragraph

(1)(c)) does not

clude 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 V.

Article 6of the Convention— paragraph

(3)shall be deleted and replaced by the following:— “

(3)The carrier shall sign prior to the loading of the cargo on board the aircraft.” Article VI. Article 8 of the Convention shall be deleted and replaced by the following:— “The air waybill shall contain: (a) an

dication of at least one such stopping place; (c) a notice to the consignor to the effect that, if the carriage

volves an ultimate destination or stop

a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and

most cases limits the liability of carriers

respect of loss of or damage to cargo.” Article VII. Article 9 of the Convention shall be deleted and replaced by the following:— “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

clude 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 VIII.

Article 10of the Convention— paragraph

(2)shall be deleted and replaced by the following:— “

(2)The consignor shall

demnify the carrier against all damage suffered by him, or by any other person to whom the carrier is liable, by reason of the irregularity,

correctness or

completeness of the particulars and statements furnished by the consignor.” Article IX. To Article 15 of the Convention— the following paragraph shall be added:— “

(3)Nothing

this Convention prevents the issue of a negotiable air waybill.” Article X. Paragraph

(2)of Article 20 of the Convention shall be deleted. Article XI. Article 22 of the Convention shall be deleted and replaced by the following:— “Article 22.

(1)

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,

accordance with the law of the court seised of the case, damages may be awarded

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)

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

terest

delivery at destination and has paid a supplementary sum if the case so requires.

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

terest

delivery at destination. (b)

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

to consideration

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

to consideration

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

this Article shall not prevent the court from awarding,

accordance with its own law,

addition, the whole or part of the court costs and of the other expenses of the litigation

curred 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

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

francs

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

to national currencies

round figures. Conversion of the sums

to national currencies other than gold shall,

case of judicial proceedings, be made according to the gold value of such currencies at the date of the judgment.” Article XII.

Article 23of the Convention, the existing provision shall be renumbered as paragraph

(1)and another paragraph shall be added as follows:— “

(2)Paragraph

(1)of this Article shall not apply to provisions governing loss or damage resulting from the

herent defect, quality or vice of the cargo carried.” Article XIII.

Article 25of the Convention— paragraphs

(1)and

(2)shall be deleted and replaced by the following:— “The limits of liability specified

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

tent to cause damage or recklessly and with knowledge that damage would probably result; provided that,

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 XIV. After Article 25 of the Convention, the following Article shall be

serted:— “Article 25 A.

(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

voke under Article 22.

(2)The aggregate of the amounts recoverable from the carrier, his servants and agents,

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

tent to cause damage or recklessly and with knowledge that damage would probably result.” Article XV.

Article 26of the Convention— paragraph

(2)shall be deleted and replaced by the following:— “

(2)

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

the case of baggage and fourteen days from the date of receipt

the case of cargo.

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.” Article XVI. Article 34 of the Convention shall be deleted and replaced by the following:— “The provisions of Articles 3 to 9

clusive relating to documents of carriage shall not apply

the case of carriage performed

extraordinary circumstances outside the normal scope of an air carrier's business.” Article XVII. After Article 40 of the Convention, the following Article shall be

serted:— “Article 40 A.

(1)

Article 37, paragraph

(2)and Article 40, paragraph

(1), the expression High Contracting Party shall mean State.

all other cases, the expression High Contracting Party shall mean a State whose ratification of or adherence to the Convention has become effective and whose denunciation thereof has not become effective.

(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.” CHAPTER II. Scope of Application of the Convention as Amended. Article XVIII. The Convention as amended by this Protocol shall apply to

ternational carriage as defined

Article 1

of the Convention, provided that the places of departure and destination referred to

that Article are situated either

the territories of two parties to this Protocol or within the territory of a single party to this Protocol with an agreed stopping place within the territory of another State. CHAPTER III. Final Clauses. Article XIX. As between the Parties to this Protocol, the Convention and the Protocol shall be read and

terpreted together as one single

strument and shall be known as the Warsaw Convention as amended at The Hague, 1955. Article XX. Until the date on which this Protocol comes

to force

accordance with the provisions of Article XXII, paragraph

(1), it shall remain open for signature on behalf of any State which up to that date has ratified or adhered to the Convention or which has participated

the Conference at which this Protocol was adopted. Article XXI.

(1)This Protocol shall be subject to ratification by the signatory States.

(2)Ratification of this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol.

(3)The

struments of ratification shall be deposited with the Government of the People's Republic of Poland. Article XXII.

(1)As soon as thirty Signatory States have deposited their

struments of ratification of this Protocol it shall come

to force between them on the ninetieth day after the deposit of the thirtieth

strument of ratification. It shall come

to force for each State ratifying thereafter on the ninetieth day after the deposit of its

strument of ratification.

(2)As soon as this Protocol comes

to force it shall be registered with the United Nations by the Government of the People's Republic of Poland. Article XXIII.

(1)This Protocol shall, after it has come

to force, be open for adherence by any non-signatory State.

(2)Adherence to this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol.

(3)Adherence shall be effected by the deposit of an

strument of adherence with the Government of the People's Republic of Poland and shall take effect on the ninetieth day after the deposit. Article XXIV.

(1)Any Party to this Protocol may denounce the Protocol by notification addressed to the Government of the People's Republic of Poland.

(2)Denunciation shall take effect six months after the date of receipt by the Government of the People's Republic of Poland of the notification of denunciation.

(3)As between the Parties to this Protocol denunciation by any of them of the Convention

accordance with Article 39 thereof shall not be construed

any way as a denunciation of the Convention as amended by this Protocol. Article XXV.

(1)This Protocol shall apply to all territories for the foreign relations of which a State Party to this Protocol is responsible, with the exception of territories

respect of which a declaration has been made

accordance with paragraph

(2)of this Article.

(2)Any State may, at the time of deposit of its

strument of ratification or adherence, declare that its acceptance of this Protocol does not apply to any one or more of the territories for the foreign relations of which such State is responsible.

(3)Any State may subsequently, by notification to the Government of the People's Republic of Poland, extend the application of this Protocol to any or all of the territories regarding which it has made a declaration

accordance with paragraph

(2)of this Article. The notification shall take effect on the ninetieth day after its receipt by that Government.

(4)Any State Party to this Protocol may denounce it,

accorddance with the provisions of Article XXIV, paragraph

(1), separately for any or all of the territories for the foreign relations of which such State is responsible. Article XXVI. No reservation may be made to this Protocol except that a State may at any time declare by a notification addressed to the Government of the People's Republic of Poland that the Convention as amended by this Protocol shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft, registered

that State, the whole capacity of which has been reserved by or on behalf of such authorities. Article XXVII. The Government of the People's Republic of Poland shall give immediate notice to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the

ternational Civil Aviation Organisation or of the United Nations and to the

ternational Civil Aviation Organisation: (

a)of any signature of this Protocol and the date thereof; (
b)of the deposit of any

strument of ratification or adherence

respect of this Protocol and the date thereof; (c) of the date on which this Protocol comes

to force

accordance with Article XXII, paragraph

(1); (

d)of the receipt of any notification of denunciation and the date thereof; (
e)of the receipt of any declaration or notification made under Article XXV and the date thereof; and (
f)of the receipt of any notification made under Article XXVI and the date thereof.

WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorised, have signed this Protocol. DONE at The Hague on the Twenty-eighth day of the month of September of the year One Thousand Nine Hundred and Fifty-five,

three authentic texts

the English, French and Spanish languages.

the case of any

consistency, the text

the French language,

which language the Convention was drawn up, shall prevail. This Protocol shall be deposited with the Government of the People's Republic of Poland with which,

accordance with Article XX, it shall remain open for signature, and that Government shall send certified copies thereof to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the

ternational Civil Aviation Organisation or of the United Nations, and to the

ternational Civil Aviation Organisation. (Here follow the signatures on behalf of certain States,

cluding the State.) Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais

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