CARRIAGE BY AIR

CHAPTER 70:02
CARRIAGE BY AIR

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

    3.    Text of Conventions and Protocol

    4.    Designation of High Contracting Parties

PART II
CARRIAGE TO WHICH THE WARSAW CONVENTION AND THE HAGUE PROTOCOL APPLY

    5.    Meaning of “the Convention” in Part II

    6.    Convention to have the force of law

    7.    Conversion of damages into Malawi currency

    8.    Provisions relating to proceedings for damages in respect of death of passenger

    9.    Liability of carrier for personal injuries

    10.    Liability of carrier to persons other than passengers

    11.    Certain sums not to be taken into account in assessment of damages

    12.    Contributory negligence

    13.    Jurisdiction in certain cases

    14.    Power to exclude aircraft used for military purposes

PART III
CARRIAGE TO WHICH THE WARSAW CONVENTION WITHOUT THE HAGUE PROTOCOL APPLIES

    15.    Meaning of “the Convention” in Part III

    16.    Warsaw Convention to have the force of law

    17.    Provisions of Part II applicable to this Part

PART IV
CARRIAGE TO WHICH THE GUADALAJARA CONVENTION APPLIES

    18.    Guadalajara Convention to have force of law

    19.    Construction of Parts II and III for purposes of Guadalajara Convention

PART V
OTHER CARRIAGE TO WHICH THIS ACT APPLIES

    20.    Meaning of “the amended Warsaw Convention” in Part V

    21.    Modification of Conventions for purposes of this Part

    22.    Powers of Minister

PART VI
MISCELLANEOUS

    23.    Liability of persons other than carrier

    24.    Regulations

    25.    Act to bind the Government

36 of 1981

    An Act to make provision with respect to carriage by air and to give effect to the Warsaw Convention, the Hague Protocol and 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, for the repeal of the Carriage by Air Act and for matters incidental to and connected with the foregoing

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the carriage by Air Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “the Guadalajara Convention” means the Convention supplemenary 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 opened for signature at Guadalajara on the 18th September, 1961;

    “the Hague Protocol” means the Protocol to amend the Warsaw Convention opened for signature at the Hague on the 28th September, 1955;

    “the Warsaw Convention” means the Convention for the Unification of Certain Rules relating to International Carriage by Air opened for signature at Warsaw on the 12th October, 1929, including the Additional Protocol to that Convention with reference to Article 2 of that Convention.

3.    Text of Conventions and Protocol

    (1) Subject to subsection (4), the text of the Warsaw Convention shall, for the purposes of this Act, be deemed to be the text in the English language set out in the First Schedule.

    (2) Subject to subsection (4), the text of the Hague Protocol shall, for the purposes of this Act, be deemed to be the text in the English language set out in the Second Schedule.

    (3) Subject to subsection (4), the text of the Guadalajara Convention shall, for the purposes of this Act, be deemed to be the text in the English language set out in the Third Schedule.

    (4) If any inconsistence is shown between the text set out in the First Schedule or the Second Schedule or the Third Schedule and the authentic text in the French language of the Warsaw Convention or the Hague Protocol or the Guadalajara Convention the authentic text shall prevail.

    (5) A certificate in writing under the hand of the Minister that a document to which the certificate is annexed is a true copy of the authentic text in the French language of the Warsaw Convention or the Hague Protocol or the Guadalajara Convention is conclusive evidence that the document is such a true copy.

4.    Designation of High Contracting Parties

    (1) The Minister may from time to time—

    (a)    certify who are the High Contracting Parties to the Warsaw Convention or the Hague Protocol, the territory in respect of which any such party is bound by the Convention and to what extent they have availed themselves of the provisions of the Additional Protocol to the Convention;

    (b)    certify who are the States that have or have not taken any action referred to in Article II, III, XIV, XV or XVI of the Guadalajara Convention and as to the particulars of any action so taken.

    (2) Any certificate issued under subsection (1) shall, except in so far as it has been…