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40 1936

AIR NAVIGATION AND TRANSPORT ACT, 1936

PART III.

Carriage by Air.

CHAPTER I.

International Carriage by Air.

Warsaw Convention to have the force of law in Saorstát Eireann.

17. —(1) The provisions of the Warsaw Convention as set out in the First Schedule to this Act shall, so far as they relate to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, and subject to the provisions of this section and the next following section, have the force of law in Saorstát Eireann in relation to any carriage by air to which the Warsaw Convention applies, irrespective of the nationality of the aircraft performing that carriage.

(2) The Executive Council may by order from time to time certify who are the High Contracting Parties to the Warsaw Convention, in respect of what territories they are respectively parties, and to what extent they have availed themselves of the Additional Protocol to the Warsaw Convention, and any such order shall, except in so far as it has been superseded by a subsequent order under this sub-section, be conclusive evidence of the matters so certified.

(3) Any reference in the First Schedule to this Act to the territory of any High Contracting Party to the Warsaw Convention shall be construed as a reference to the territories subject to his sovereignty, suzerainty, mandate or authority, in respect of which he is a party.

(4) Any sum in francs mentioned in Article 22 of the First Schedule to this Act shall, for the purposes of an action against the carrier, be converted into the currency of Saorstát Eireann 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.

(5) For the purposes of this section references to agents in the First Schedule to this Act shall be construed as including references to servants.

Liability of carrier in the event of the death of a passenger.

18. —Any liability imposed by Article 17 of the First Schedule to this Act 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 under any statute or at common law, and the following provisions shall have effect with respect to the persons by and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced, that is to say:—

(a) the liability shall be enforceable for the benefit of such members of the passenger's family as sustained damages by reason of his death;

(b) for the purposes of paragraph (a) of this section—

(i) the expression “member of a family” means wife or husband, parent, stepparent, grandparent, brother, sister, half-brother, half-sister, child, stepchild, grandchild,

(ii) in deducing any relationship any illegitimate person shall be treated as being, or as having been the legitimate child of his mother and reputed father;

(c) 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 paragraph (a) of this section, enforceable, but only one action shall be brought in Saorstát Eireann 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 either are resident in Saorstát Eireann or, not being resident there, express a desire to take the benefit of the action;

(d) the amount which may be recovered in any such action shall not exceed the actual and the prospective loss resulting from such death to the members of the passenger's family;

(e) subject to the provisions of paragraph (f) of this section, 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 judge before or by whom such action is tried shall determine and direct;

(f) the court before whom any such action is brought may at any stage of the proceedings make such order as appears to the court to be just and equitable in view of the provisions of the First Schedule to this Act limiting the liability of a carrier and of any proceedings which have been, or are likely to be, commenced outside Saorstát Eireann in respect of the death of the passenger in question.

Actions against High Contracting Parties who undertake carriage by air.

19. —(1) Every High Contracting Party to the Warsaw Convention who has not availed himself of the provisions of the Additional Protocol thereto shall, for the purposes of any action brought in a Court of Saorstát Eireann in accordance with the provisions of Article 28 of the First Schedule to this Act 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.

(2) Nothing in this section shall authorise the issue of execution against the property of any High Contracting Party.