Air Navigation and Transport Act, 1959
What is this act about?
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.
Who it applies to: Air carriers involved in international and non-international carriage by air; Passengers travelling by air, especially those on international journeys.
At a glance
- Country
- Ireland
- Area of law
- Commercial and corporate law
- Articles
- 8
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- 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 does this act apply to?
- Air carriers involved in international and non-international carriage by air.
- Passengers travelling by air, especially those on international journeys.
What are the 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.
Commercial and corporate law
Legal text
Legal text
Air Navigation and Transport 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 ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments 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
Section 1
Short title and collective citation.
Section 2
Commencement.
Section 3
Interpretation.
PART II.
Amendments of the Principal Act.
Section 4
Amendment of section 18 of the Principal Act.
Section 5
Amendment of the First Schedule to the Principal Act.
PART III.
Provisions in relation to the 1955 Protocol To The Warsaw Convention.
Section 6
Application of Part III.
Section 7
1955 Protocol to the Warsaw Convention to have the force of law in the State.
PART IV.
Carriage by air which is not international
Section 8
Amendment of section 20 of the Principal Act.
SCHEDULE.
Act Referred to Air Navigation and Transport Act, 1936 1936, No. 40 Number 1 of 1959.
AIR NAVIGATION AND TRANSPORT ACT, 1959.
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 INTERNATIONAL 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.
Commencement.
2.—(1) This Act (except Parts III and IV and the Schedule) shall come into operation immediately upon the passing thereof.
Interpretation.
3.—In 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 in 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) in 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 in 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 in loco parentis to another shall be considered the parent of that other;”.
Amendment of the First Schedule to the Principal Act.
5.—The First Schedule to the Principal Act is hereby amended in 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 in relation to the 1955 Protocol to the Warsaw Convention.
Application of Part III.
6.—This Part shall apply only in 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 in the State.
7.—(1) The provisions of the 1955 Protocol to the Warsaw Convention, as set out in the Schedule to this Act, shall have the force of law in 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.
PART IV.
Carriage by air which is not international.
Amendment of section 20 of the Principal Act.
8.—In 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 INTERNATIONAL 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 International Carriage by Air signed at Warsaw on 12 October 1929, HAVE AGREED as follows:
CHAPTER I.
Amendments to the Convention.
Article I.
In Article 1 of the Convention— (a) paragraph (2) shall be deleted and replaced by the following:— “(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 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 international 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 international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State.”
Article II.
In Article 2 of 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.
In Article 3 of the Convention— (a) paragraph (1) shall be deleted and replaced by the following:— “(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.” (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 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 IV.
In Article 4 of the Convention— (a) paragraphs (1), (2) and (3) shall be deleted and replaced by the following:— “(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.” (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 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 V.
In Article 6 of 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 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 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 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 VIII.
In Article 10 of the Convention— paragraph (2) shall be deleted and replaced by the following:— “(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 IX.
To Article 15 of the Convention— the following paragraph shall be added:— “(3) Nothing in 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.
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.
Article XII.
In Article 23 of 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 inherent defect, quality or vice of the cargo carried.”
Article XIII.
In Article 25 of the Convention— paragraphs (1) and (2) shall be deleted and replaced by the following:— “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 XIV.
After Article 25 of the Convention, the following Article shall be inserted:— “Article 25 A.
Article XV.
In Article 26 of the Convention— paragraph (2) shall be deleted and replaced by the following:— “(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.”
Article XVI.
Article 34 of the Convention shall be deleted and replaced by the following:— “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 XVII.
After Article 40 of the Convention, the following Article shall be inserted:— “Article 40 A.
CHAPTER II.
Scope of Application of the Convention as Amended.
Article XVIII.
The Convention as amended by this Protocol shall apply to international carriage as defined in Article 1 of the Convention, provided that the places of departure and destination referred to in that Article are situated either in 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 interpreted together as one single instrument and shall be known as the Warsaw Convention as amended at The Hague, 1955.
Article XX.
Until the date on which this Protocol comes into force in 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 in the Conference at which this Protocol was adopted.
Article XXI.
Article XXII.
Article XXIII.
Article XXIV.
Article XXV.
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 in 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 International Civil Aviation Organisation or of the United Nations and to the International Civil Aviation Organisation: (a) of any signature of this Protocol and the date thereof; (b) of the deposit of any instrument of ratification or adherence in respect of this Protocol and the date thereof; (c) of the date on which this Protocol comes into force in 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.
IN 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, in three authentic texts in the English, French and Spanish languages. In the case of any inconsistency, the text in the French language, in 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, in 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 International Civil Aviation Organisation or of the United Nations, and to the International Civil Aviation Organisation. (Here follow the signatures on behalf of certain States, including the State.) Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais