Act 148 BM laws of MALAYSIA Act 148 REPRINT OVER the AIR TRANSPORT ACT 1974 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 1482 by AIR TRANSPORT ACT 1974 date of Assent............ 30 July 1974, the date of publication in the Gazette......... 29 August 1974 Transportation by air 3 laws of MALAYSIA Act 148 OVER the AIR TRANSPORT ACT 1974 ARRANGEMENT of SECTIONS section 1. Short title, application and commencement 2. Interpretation 3. Convention shall have the effect of law 4. Set The Promise The Highest 5. Fatal accident 6. Limitation of liability 7. Time to bring action 8. Negligence that disumbangi 9. Authority to exclude aircraft used for military purpose, 10. Action against The Promise the highest 11. Additional Convention shall have the effect of law 12. Provisions for imposing the Act for non-transport transport with respect to the Convention and to give effect to the amendment of the Convention 13. Federal and State Governments bound by Act 14. Abolition of FIRST SCHEDULE SECOND SCHEDULE of the THIRD SCHEDULE of the FOURTH SCHEDULE laws of Malaysia ACT 1484 Transport via air 5 laws of MALAYSIA Act 148 OVER the AIR TRANSPORT ACT 1974 an act to enforce certain Conventions relating to carriage by air and to provide relevant and matters incidental thereto.
[19 December 1974, P.U. (A) 134/1975]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: short title, application and commencement 1. (1) this Act may be cited as the Carriage by Air Act 1974 and shall apply throughout Malaysia.
(2) except as provided in subsection (3), this Act shall come into force on the day which are accepted by the Yang di-Pertuan Agong with the order as the day the Convention comes into force in respect of Malaysia.
(3) section 11 shall come into operation on the day which are accepted by the Yang di-Pertuan Agong with the Supplementary Convention as a day order comes into operation in respect of Malaysia.
Interpretation 2. In this Act, unless another meaning requires permits include — "Convention" means the Convention for uniting certain rules relating to international carriage by air, known as the "Warsaw Convention as amended at The Hague 1955", as mentioned in the first schedule;
Laws of Malaysia ACT 1486 "Supplementary Convention" means a Convention, that is, in addition to the Warsaw Convention, signed at Guadalajara on 18 September 1961, to unify certain rules relating to international carriage by air performed by a person other than the carrier promised, as specified in the second schedule;
"Court" includes (in an arbitration allowed by the Convention) an arbitrator;
"Minister" means the Minister responsible for civil aviation.
Convention shall have the effect of law 3. (1) subject to this section, the provisions of the Convention to the extent that they relate to the rights and liabilities of carriers, civil servants and agents of the carrier, the passenger, sender, recipients order and others, and subject to the provisions of this Act, shall have effect law in Malaysia in respect of any carriage by air to which the Convention applies, regardless of the national aircraft who do the transportation.
(2) this section shall not be used to affect the rights or liabilities arising from an event which occurred before the commencement of this section.
Set The Highest Promise 4. (1) the Yang di-Pertuan Agong may by order from time to time certify who is The Highest to the Convention Undertake, in respect of the province which they shall respectively be parties and the extent of which they had been using the provisions of the additional Protocol appears at the end of the Convention as set out in the first schedule, and an order that is conclusive evidence of the matters so certified, except to the extent that that order was replaced with an order later.
(2) paragraph (2) in article 40A in the Convention shall be understood as extending do not reference to the Convention to the territory of a party Promise the highest (except any reference to the territory of a State, whether a party Promise the highest or not) to cover a territory with which The Highest Promise that's not a party.
Transport by air 7 (3) an order made under this section shall be conclusive evidence of such things to be recognized except in so far as the order has been replaced with an order later.
(4) an order under this section may contain such transitional provisions and other provisions arising as found necessary by the Yang di-Pertuan Agong.
5 fatal accidents. Any liability imposed by Article 17 of the Convention on a carrier about the passenger death is a substitute for any form of liability the carrier about the passenger death either under any written law or any sentence of the law in force in Malaysia in connection with the fatal accident caused by a wrongful act, negligence or breach of and the provisions as specified in the third Schedule shall have effect with respect to the people who can enforce the liabilities incurred and the for the benefit of such obligation imposed can be kuatkuasakan and with respect to the manner in which the liability can be enforced.
Limitation of liability 6. (1) declared that limits liability in article 22 of the Convention apply whatever type of proceeding that can enforce that obligation, and that in particular — (a) the applicable limit if his trial brought by a perpetrator tort to get contributions from a perpetrator other tort; and (b) limitation for each passenger in paragraph (1) of article 22 of the Convention applicable to the amount of the liability of the carrier in all proceedings that may be brought against him under relevant laws and regulations in force in the relevant parts of Malaysia, together with any proceeding brought against him outside Malaysia.
(2) a court in which the proceeding is brought to enforce a liability which is limited by Article laws of Malaysia ACT 1488 22 the Convention may at any stage of the proceedings make any order that in the opinion of the Court is fair and equitable in view of the provisions of the matter and for any other proceeding that has been, or may be, commenced in Malaysia or in any other countries to enforce the liability in whole or in part.
(3) without prejudice to subsection (2), a court in which the proceeding is brought to enforce a liability which is limited by Article 22 of the Convention if such obligations can be enforced in part in other proceeding in Malaysia or in any other country, has the jurisdiction to award an amount less than that may have been awarded by the Court if the limits applicable solely for his trial in the Court , or to make something part of the award, subject to the decision of any other proceeding.
(4) the Minister may, from time to time, by order published in the Gazette specify the amounts respectively for the purposes of Article 22 of the Convention, and in particular for the purpose of paragraph (5) in the matter, shall be taken into account as value with the sum specified in francs mentioned in the matter.
(5) references in this section to Article 22 of the Convention include, subject to any necessary modifications, references to such Matters as may be imposed by Article 25A of the Convention.
(6) in paragraph (1) (a) and in subsection (2) and (3) references to Article 22 of the Convention shall include, subject to any necessary modifications, references to Article VI Supplementary Convention.
Time to bring action 7. (1) no anything action against someone perkhidmat or agent of the carrier, arising from the damage intended by the Convention may, if the servants or agents of the carrier is acting in the field of her work, brought after more than two years calculated from the date comes at the destination or from the date on which the aircraft ought to have arrived or from the date of the transport has stopped.
Transport by air 9 (2) of article 29 of the Convention shall never understood as applicable to any proceeding to obtain contribution between tort but no perpetrator anything action can be brought by a person the perpetrator tort to seek contributions from someone of the carrier in respect of a tort for which the item is worn after the expiry of two years from the time the punishment has been found on the person to be get the contribution.
(3) subsection (1) and (2) and Article 29 of the Convention shall have effect as if references in those provisions to any act has included a reference to arbitration; and the provisions of relevant laws and regulations in force in the relevant parts of Malaysia that determines the time when something is deemed to start arbitration shall apply for the purposes of this subsection.
(4) in this section, the reference to a carrier include references to an actual carrier as defined in paragraph (c) of article I of the Convention additional and also to something the carrier pledged as defined in paragraph (b) of the matter.
Willful negligence disumbangi 8. It is hereby declared that for the purposes of Article 20 of the Convention, section 12 in the civil law Act 1956 [Act 67] is a Malaysian law under which a court can free up the carrier wholly or in part of the liabilities.
Authority to exclude aircraft used for military purposes 9. (1) the Yang di-Pertuan Agong may from time to time by order direct that this section shall apply, or cease to be applicable to Malaysia or any other country, as specified in the order.
(2) the Convention cannot be used for the carriage of persons, cargo and baggage military authorities of a Country to which this section applies in aircraft registered in that country if all the force of the aircraft capacity has been reserved by or on behalf of the authority.
Laws of Malaysia ACT 14810 action against The Promise the highest 10. (1) every Party Pledged the highest to the Convention, which does not use for the benefit of the provisions of the additional Protocol that appears at the end of the Convention shall for the purposes of any action brought in a court in Malaysia pursuant to article 28 of the Convention to enforce a claim about the transportation organized by it, deemed to have been non-compliant to the jurisdiction of such court, and accordingly rules of court may provide for the manner in which any act is to be founded and continue; but is there anything in this section can membenar order execution issued against the property of any of The Highest Promise.
(2) references to Article 28 in the Convention in subsection (1) include a reference to Article VIII in the Supplementary Convention.
Additional Convention shall have the effect of law 11. (1) subject to this section, the provisions of the Supplementary Convention, so far as they related to the rights and liabilities of carriers, servants and agents of the carrier, the passenger, sender, recipients order and others, and subject to the provisions of this Act, shall have effect law in Malaysia in respect of any carriage by air to which the additional Convention applicable, regardless of the national aircraft do the transportation.
(2) this section shall not be applicable to touch the rights or liabilities arising from an event which occurred before the commencement of this section.
Provisions for imposing the Act for non-transport transport with respect to the Convention and to give effect to the amendment of the Convention 12. (1) the Yang di-Pertuan Agong may by order impose the provisions of the Convention or Additional Convention along with any other provisions of this Act, of the transportation by air, which is not transport by air with respect to Convention or Convention or both, as the case may be, from any kind of Transport via air as 11 specified in such order, subject to any exception, adaptations and modification , if any, as may be specified.
(2) any order made under this section may contain such transitional provisions and other provisions arising as found necessary by the Yang di-Pertuan Agong.
(3) an order made under subsection (1) or (2) shall be set out in both the Parliament as soon as may be after it is made.
Federal and State Governments bound by Act 13. The Malaysian Government and every State bound by this Act.
Repeal 14. (1) the Enactments specified in the fourth schedule is repealed.
(2) Transportation by Air Act 1932 [2 & 23 Geo. 5 c. 36], Transport by Air Act 1961 [9 and 10 Eliz. 2 c. 27] Transport Act by air (Supplementary Provisions) 1962 [10 and 11 Eliz. 2 c. 43], all for the United Kingdom, and all commands and subsidiary legislation made under the Act shall cease to have effect in any part of Malaysia, and cessation of effect shall be deemed to be a repeal for the purposes of the interpretation Act 1948 and 1967 [Act 388].
Laws of Malaysia ACT 14812 FIRST SCHEDULE [section 2] the WARSAW CONVENTION AS AMENDED at THE HAGUE 1955 CONVENTION for UNITING CERTAIN rules RELATING TO INTERNATIONAL CARRIAGE by AIR chapter I FIELD — the DEFINITION of article 1 (1) this Convention applies to all international carriage of persons, baggage or cargo performed by aircraft to earn reward points. It is also worn for free transport to the aircraft performed by an air freight operators.
(2) for the purposes of this Convention, the term international carriage means any carriage in which, according to the agreement between the parties in question, origin and destination, whether or not there is something occurs in the cessation of transportation or a transfer from an aircraft to an aircraft to another, are situated either within the territories of both parties Promise the Highest or the territory of a party Promise Highest if there is somewhere a stop in the territory of a State agreed others, even other countries that is not a party Promise the highest. Transport between two places in the territory of a party Promise the highest without agreed stop somewhere in the territory of a another country is not international carriage for the purposes of this Convention.
(3) Transport will be done by some air carriers, be deemed to be the successor for the purposes of this Convention, as a for their transport if it has been regarded by the parties as an operating, whether it has been agreed in a contract or a series of contracts, and the transport is not lost merely because of the international nature of a contract or a series of contracts is to be performed in the territory of that country as well.
Article 2 (1) this Convention applies to carriage performed by country or by a public body established by law provided that the transport is included in the conditions laid down in article 1.
(2) this Convention cannot be used for the transportation of mail and parcel post Transportation via air 13 CHAPTER II DOCUMENTS of CARRIAGE Section 1 — PASSENGER TICKET article 3 (1) Of the transportation of passengers a ticket shall be delivered containing: (a) an indication of the place of departure and destination;
(b) if the places of departure and destination in the territory of a party Promise the highest, one or more than one place stop in the province agreed a another country, an indication of at least one place that stops;
(c) a notification which means that, if the passenger's journey involves a destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention dominated and in most things limit the liability of the carrier against death or disaster and in respect of loss of or damage to baggage.
(2) the passenger Ticket is prima facie evidence of the making and terms of the contract of carriage. The absence of passenger fares, availability of an external regulation on passenger fares or loss of the passenger ticket does not affect the availability or legal contract of carriage which, however, is still subject to the rules of this Convention. But, however, if with the agreement of the carrier, passengers ride without a ticket passengers has been delivered, or if the ticket does not contain the notification required by subparagraph (1) (c) of this article, the carrier shall not be entitled to use for the benefit of the provisions of Article 22.
Section 2 — KERACIS ACCEPTANCE of BAGGAGE article 4 (1) on the carriage of checked baggage, a keracis acceptance of baggage must be submitted, 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 place of departure and destination;
(b) if the places of departure and destination in the territory of a party Promise the highest, one or more than one place stop in the province agreed a another country, an indication of at least one place that stops;
(c) a notification which means that, if the transport involves a destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention to dominate and, in most laws of Malaysia ACT 14814 thing, limiting the liability of the carrier in respect of loss of or damage to baggage.
(2) acceptance of baggage Karcis is prima facie evidence of the registration of the luggage and of the conditions of the contract of carriage. The absence of keracis acceptance of baggage, the existence of something outside the regulations on acceptance of baggage or loss keracis keracis acceptance of baggage that does not affect the availability or legal contract of carriage which, however, is still subject to the rules of this Convention. However, if the carrier took the task of keeping the baggage without a keracis acceptance of baggage has been delivered or if the keracis acceptance of baggage (unless combined with or incorporated in a passenger ticket which complies with article 3, subparagraph (1) (c) does not include the notice required by subparagraph (1) (c) in this article, the carrier shall not be entitled to use for its interest in article 22, paragraph (2).
Section 3 — AIR TRANSPORT LETTER article 5 (1) every carrier of cargo has the right to require that the senders have create and deliver to him a document called "letter of air transport"; every sender has the right to require the carrier to accept this document.
(2) the absence of this document, or the existence of something outside the rules of this document or loss of this document does not affect the availability or legal contract of carriage which, subject to article 9, shall nevertheless dominated by the rules of this Convention.
Article 6 (1) letter of air transport shall be made by the sender 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 sender. The second part shall be marked "for recipients order"; It shall be signed by the sender and by the carrier and shall accompany the cargo. The third part shall be signed by the carrier and submitted by him to the sender after the cargo is received.
(3) Signing shall be made by the carrier before cargo is loaded into the aircraft.
(4) the signature of the carrier can be stamped; the signature of the sender can be printed or stamped.
(5) If, upon the request of the sender, the carrier make air transport, letter carrier shall be deemed to have done so on behalf of the sender, unless the contrary is proved.
Transport by air a 15 item 7 of the carrier of cargo has the right to require that the sender made separate air transport when there is more than one package.
Article 8 a letter air transport shall contain: (a) an indication of the place of departure and destination;
(b) if the places of departure and destination in the territory of a party Promise the highest, one or more than one place stop in the province agreed a another country, an indication of at least one place that stops;
(c) a notification to the sender which means that, if the transport involves a destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention to dominate and, in most things, limiting the liability of the carrier in respect of loss or damage to cargo.
Article 9 If, with the consent of the carrier, cargo loaded into aircraft without a letter air transport has been made, or if the letter does not contain air transport notification required by article 8, paragraph (c), the carrier shall not be entitled to use for its interest in article 22, paragraph (2).
Article 10 (1) the sender responsible for coincidental details and statements relating to the cargo which cast them in the air transport.
(2) the sender 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 existence of something outside the rule about details and statements given by the sender, not using or not cukupnya details and the statement.
Article 11 (1) letter of air transport is prima facie evidence of the making of the contract, of the acceptance of the cargo and transport conditions.
(2) a statement in a letter air transport in relation to the weight, dimensions and packing of the cargo, and also in relation to the number of packages, are prima facie evidence of the facts stated; statement in relation to the quantity, volume and condition of cargo shall not be evidence against the carrier except so far as it has and both in air transport to be examined by him in the presence of the sender, or relating to the condition of the cargo bridge.
Laws of Malaysia ACT 14816 Article 12 (1) subject to liabilities for carrying out all his duties according to the contract of carriage, the sender shall be entitled to dispose of the cargo by withdrawing the cargo at the airport departure point or destination, or to hold it on the way in any place of landing, or by calling the cargo delivered at the destination or in transit to someone other than the recipient of such posts in air transport , or to require the cargo is returned to the airport departure point. The sender cannot use this right of disposal in a way prejudicial to the carrier or to any other sender and it must pay back any expenses done because has used this right.
(2) if it is impossible to run a command sender, the carrier must inform him immediately.
(3) if the carrier according to the sender's order concerning the disposal of cargo with does not require the submission of part air transport letter has been delivered giver the sender, the carrier liable, without prejudice to its rights to obtain a claim from the sender, because any damage that may be due as such to any person who has legitimately part of the letter that the air transport.
(4) the rights conferred to the sender when the recipient cease the right starting order pursuant to article 13. However, if the recipient refuses to accept the letter post air transport or the cargo, or if he cannot be contacted, the sender shall be entitled to recover its rights to liquidate them.
Article 13 (1) except in the circumstances referred to in the above order, the recipient is entitled, as soon as the cargo arrives at the destination, require that carriers deliver to him the air transport and deliver the cargo to it, on payment of the fees payable and when observed conditions of carriage set out in air transport that.
(2) unless otherwise agreed, be the duty of the carrier to notify the recipient of the order 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 end of seven days after the date on which the cargo was supposed to arrive, recipients order is entitled to enforce against the carrier the rights arising from the contract of carriage.
Article 14 order sender and receiver can respectively enforce all the rights conferred to them by Article 12 and 13, each in his own name, whether it is acting for its own interest or in the interests of another person, provided that he is carrying out all obligations of the contract by ditanggungkan.
Transport by air 17 article 15 (1) of article 12, 13 and 14 do not touch either the sender's or recipient's postal relations each other reciprocal relationship or a third party which obtained their rights from either the sender or the recipient of the order.
(2) of article 12, 13 and 14 can only be varied with the provisions expressed in air transport.
(3) no nothing in this Convention shall prevent the issuance of a letter of air transport can be diniaga.
Article 16 (1) the sender must provide any information and attach a letter air transport any document that is required to comply with the formalities of customs, octroi or police before the cargo can be delivered to the recipient's order. The sender is liable to the carrier for any damage caused by the absence or not cukupnya any information or document or by the existence of something outside the rules of any of the information or documents, unless the damage is caused by the fault of the carrier or his agents or servants.
(2) the carrier is under no obligation to investigate about the coincidence or adequacy of the information or document.
CHAPTER III LIABILITY of the CARRIER article 17 Carrier liable for any damage that is found in the event of death or wounds someone passengers or to any other Act of the body found by a passenger, if the accident causing such damage has occurred in the aircraft or in time to carry out any operations for upgrading or drop-off.
Article 18 (1) the carrier liable for damage that is found if destroyed or lost or damaged any checked baggage or any cargo, if the occurrence which caused the damage such happens in time found to transport by air.
(2) the carriage by air within the meaning of paragraph above consists of a baggage or cargo that is in the custody of the carrier, either at the airport or in the aircraft, or in respect of a landing outside an airport, are in any place whatsoever.
Laws of Malaysia ACT 14818
(3) the period of the carriage by air does not cover any transport overland, by sea or by river performed outside an airport. However, if the transportation occurred in implementing a contract for carriage by air, for the purpose of take, surrender or transfer of the cargo or luggage from one aircraft to another aircraft, any damage is deemed, unless the contrary is proved as a result of an event which has occurred in the time of transportation by air.
Article 19 the carrier liable for damage caused by the slow pace in the transportation by air of passengers, baggage or are cargo.
Article 20 the carrier is not liable if it proves that it and its servants or agents have taken all necessary measures to avoid the damage or that it is impossible for him or them to take such measures.
Article 21 if the carrier proves that the damage was caused by or disumbangi by the negligence of the injured person, the Court may, in accordance with the provisions of the law itself, freeing the carrier wholly or partly from tanggungnya.
Article 22 (1) The carriage of persons, the liability of the carrier for each passenger is limited to a total of two hundred and fifty thousand f ancs. If, under the laws of the Court dealing with the case, damages can be awarded in the form of periodic payments equal to the capital value of the payment shall not be more than two hundred and fifty thousand francs. However, by special contract, the carrier and the passenger may agree on a higher liability limit.
(2) (a) The carriage of checked baggage and of cargo, the liability of the carrier is limited by two hundred and fifty francs for every kilogramme, unless the passenger or sender at the time of the package submitted to the carrier has made a special declaration of interest in delivery are destinations and have paid extra money if it requires such. In the case of such carriers liable to pay a sum of money which is not more than the amount declared that, unless he proves that that sum is greater than the passenger's actual interest or the sender of the delivery at the place of destination.
(b) about the loss, damage or delay of part of registered baggage or cargo, or of an object contained therein, the weight to be taken into account for determining the amount to which the liability of the carrier is limited only the total weight of the package in question.
Transport by air 19 However, when the loss, damage or late part of registered baggage or cargo, or of an object contained therein, touching other packaging value covered by the same keracis acceptance of baggage or air transport, the total weight of the package shall be also taken into consideration in determining the limit of liability.
(3) in respect of things taken care of directly by the passenger, the carrier liability limited of five thousand francs for a passenger.
(4) the limits set in this article shall not prevent the Court from the award, according to its own law, in addition, the whole or part of the cost of the Court or from other legal expenses incurred by the claimant. The above provisions shall not apply if the amount of the damages awarded, excluding court costs and other legal expenses is not more than the amount offered for writing by the carrier to the claimant within six months from the date of the event causing the damage, or before the action started, and if they started later.
(5) Money referred to in francs in this article shall be deemed to a currency unit consisting of sixty-five and a half milligrams of gold of millesimal fineness nine hundred. This money can be converted into national currency according to figures due. The Exchange to other currencies, gold shall, with regard to judicial proceedings is made according to the value of the currency that gold at the date of the sentence passed.
Article 23 (1) any provision which aims to relieve the carrier of liability or to fix a lower limit than those laid down in the Convention null and void, but batalnya any provision that does not make the cancel all the contracts, which should still be subject to the provisions of this Convention.
(2) paragraph (1) in this article can not be used for provisions governing loss or damage resulting from a defect, quality or nature of bad basic cargo carried it.
Article 24 (1) in respect of the matters covered by Article 18 and 19 any action for damages, if any, whatsoever it based, can only be brought subject to the conditions and limits set out in this Convention.
(2) with respect to matters covered by article 17, the provisions of the above paragraph shall also apply, without prejudice to the question of who is the person who is entitled to bring suit and what are their rights the respectively.
Article 25 limitation of liability specified in article 22 cannot be used, if it is proved that the damage resulting from an act or omission laws of Malaysia ACT 14820 on the part of the carrier, servants or agents, done with intent to cause damage or want to regardless of will as a result and by knowing that it probably would result in damage; provided that, with respect to the Act or omission on the part of one's servants or agents, also proved that it is acting in the field of her work.
Article 25A (1) If an action is brought against a person servant or agent of the carrier arising from damage with respect to this Convention, such agents, servants or if it proves that it is acting in the field of her work, to use for the benefit limit liabilities of the carrier itself is entitled to use under article 22.
(2) the total amount that can be claimed from the carrier, servants and agents, in that case, shall not be more than the limit.
(3) the provisions of paragraphs (1) and (2) in this article can not be used if it is proved that the damage resulting from an act or omission on the part of civil servants or agents, done with intent to cause damage or want to regardless of will as a result and by knowing that it probably will result in damage.
Article 26 (1) a receipt from the person entitled to delivery of baggage or cargo without any complaint is prima facie evidence that the baggage or cargo has been delivered in good condition and in accordance with the document of carriage.
(2) Of damage, the person entitled to delivery must complain to the carrier forthwith after such damage are known, and at the latest within seven days of receipt if the damage of baggage and fourteen days from the date of acceptance if the damage of the cargo. About the slow pace, the complaint must be made at the latest within twenty-one days from the date the baggage or cargo is handed to him.
(3) every complaint must be made in writing in a document of transport or by separate notice in writing and submitted within the period mentioned above.
(4) If there are any complaints made within the above, not be taken any action against the carrier, unless on in his place.
Article 27 in the event of death the person responsible to pay damages, actions for damages can be brought under the provisions of the Convention against those legally representing the law pusakanya property.
Transportation via air 21 Article 28 (1) an action for damages must be brought, in accordance with the damages, according to a territory from the Promise the highest, just in front of the existing court having jurisdiction where the carrier is usually domiciled, or has its principal place of business of has, or has had a body who has made the contract or before the Court there has jurisdiction at the place of destination.
(2) the question of events shall be governed by the laws of the Court dealing with the case.
Article 29 (1) is entitled to the damages if an action is not deleted within the period of two years, calculated from the date comes at the destination, or from the date the aircraft ought to have arrived, or from the date of transport has stopped.
(2) the methods for calculating the period of limitation shall be determined according to the law the Court dealing with the case.
Article 30 (1) transport to be performed by several carriers substitutes and included in the definition stated in the third paragraph of article 1, each carrier which accepts passengers, baggage or cargo is subject to the rules set out in this Convention, and are deemed to be one of the promise to the contract of carriage in so far as the contract to do with Transport Department committed under its supervisory.
(2) regarding this type of transport, passenger or his/her representative can take action only against the carrier which performed the carriage during which the accident or the delaying time that has happened, except that if, with the real deal, the first carrier has been willing to assume liability for the rest of the trip.
(3) in respect of baggage or cargo, the passenger or sender shall be entitled to take action against the first carrier, and the passenger or the order recipient is entitled to receive the submission reserves the right to take action against carriers that end of it, and further, each may take action against the carrier who commits transport within which the destruction, loss, damage or late it has occurred. This transporter in association and each be liable to the passenger or to the sender or recipient of the consignment.
CHAPTER IV PROVISIONS RELATING to TRANSPORT MIXED-MIXED Article 31 (1) Of mixed transport performed partly by air and partly by any other means of transportation, laws of Malaysia Act 14822 provisions of this Convention applicable to the carriage by air, provided that carriage by air is included in the provisions of article 1.
(2) there is nothing in this Convention shall prevent parties concerned, regarding the transportation of mixed, from inserting in the document of air carriage conditions relating to other means of transport, provided that the provisions of this Convention are complied with in respect of carriage by air.
Chapter V GENERAL and FINAL PROVISIONS Article 32 any clause contained in the contract and all special agreements made before the damage occurred, which parties purporting to infringe the rules laid down by this Convention, whether by deciding the law to be applicable, or by altering the rules as to jurisdiction, shall be null and void. However, for the carriage of cargo arbitration clauses are allowed, subject to this Convention, if the arbitration is to be held in one of the jurisdictions referred to in the first paragraph of article 28.
Article 33 There anything contained in this Convention shall prevent the carrier either from refusing to make any contract of carriage, or from making regulations which do not conflict with the provisions of this Convention.
Article 34 article 3 to 9, both inclusive, relating to transport documents shall not be applicable to carriage performed in extraordinary circumstances outside the normal course of a business of air transportation.
Article 35 the term "days" when used in this Convention means current days not working days.
Article 40A (1) (this paragraph is not revealed. It defines "The Highest Promise".)
(2) for the purposes of the Convention, the word territory means not only the territory of the country but also metropolitan something all other provinces of the country responsible for the State's foreign relations.
Transport by air 23 (Article 36, 37, 38, 39, 40 and 41 and Word closing Convention is not revealed. The matter with respect to start the currency of the Convention and with respect to the language of the text).
ADDITIONAL PROTOCOL (in respect of article 2) the Promise the highest reserves the right to declare at the time of confirming or become a party to this Convention that the first paragraph of article 2 of this Convention shall not apply to international carriage by air performed directly by that country, land ceded, land naungannya or territory mandated to him or by any other territory under the rule of the Lords, or power.
SECOND SCHEDULE [section 2] SUPPLEMENTARY CONVENTION to the WARSAW CONVENTION for UNITING CERTAIN rules RELATING TO INTERNATIONAL CARRIAGE by AIR PERFORMED by a PERSON OTHER THAN the CARRIER PROMISED article 1 In this Convention: (a) "Warsaw Convention" means the Convention for Uniting Certain rules relating to International Carriage by air signed at Warsaw on 12 October 1929, or the Warsaw Convention as amended at The Hague , 1955, by whether transport under the agreement referred to in paragraph (b) is dominated by the one or the other by it;
(b) "carrier promised" means a person who as a principal makes an agreement for carriage governed by the Warsaw Convention with a passenger or sender or with a person acting on behalf of the passenger or sender;
(c) "actual carrier" means a person, other than the carrier promises, which, by reason of the carriers promise, do all or part of the carriage is meant in paragraph (b) but that is not, in respect of part of the transport carrier, a successor in the sense of the Warsaw Convention. That power is considered to be available in the event of no evidence otherwise.
Laws of Malaysia ACT 14824 Article II if an actual carrier do all or part of the carriage which, in accordance with the agreement mentioned in article I, paragraph (b), dominated by the Warsaw Convention, both the carrier and the actual carrier promised shall, except as otherwise provided in this Convention, subject to the rules of the Warsaw Convention, the carrier promised for all transportation means in the agreement, and the actual carrier solely for the carriage performed by him.
Article III 1. Acts and omissions on the part of the actual carrier and the servants and agents acting in the field of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be actions and omissions as well as dipihak carrier pejanji.
2. Acts and omissions on the part of the carrier covenants and in the servants and agents acting in the field of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also as medicine and omissions on the part of the actual carrier. However, there is an act or omission that may impose liability on the actual carrier more than the limit set out in article 22 of the Warsaw Convention. Any special agreement under which the carrier undertake to assume liabilities that are not imposed by the Warsaw Convention or any exceptions will be the rights conferred by the Convention or any special declaration of interest in delivery will place the purpose intended in article 22 of the Convention, should not be touching the actual carrier unless agreed by him.
Article IV any complaint to be made or any order to be granted under the Warsaw Convention to the carrier shall have the same effect whether addressed to the carrier, the actual carrier or promise. However, the order referred to in article 12 the Warsaw Convention shall become effective only if the carrier promised to address.
Article V in relation to the carriage performed by the actual carrier, any servants or agents of the carrier or to the carrier promised reserves the right, if he proves that he is acting in the field of his career, got favour limits liability to be worn under this Convention to the carrier that it is some of his agents or servants unless it is proved that it acted with a way in accordance with the Warsaw Convention, prevents the limits of liability from use.
Transport by air 25 Article VI in relation to the carriage performed by the actual carrier, the total amount that can be diituntut from the carrier and the carrier covenants of the servants and agents acting in the field of their jobs, cannot be more than the highest amount which could be awarded once against either the carrier or the actual carrier covenants under this Convention, but no one of the people responsible pay more than the limit to be worn by him.
Article VII in respect of the carriage performed by the actual carrier, an action for damages may be brought, at the option of the claimant, the carrier or against the carrier promised it or against both of you jointly or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier so that the proceeding, be automatically combined in manner and as a result is dominated by law the Court dealing with the case.
Article VIII any act for damages is meant in article VII in the Convention must be brought, at the claimant's option, either before a court in which an action can be brought against the carrier promised that, as provided in article 28 of the Warsaw Convention, or before the court having jurisdiction at the place where the actual carrier usually resides or has its principal place of business of has.
Article IX 1. Any contractual provisions that aim to relieve the carrier promised or the actual carrier of liability under this Convention or to fix a lower limit than to be applicable according to this Convention shall be void and invalid, but terbatalnya any provision that does not render void all of the agreement, which is still subject to the provisions of this Convention.
2. With respect to carriage performed by the actual carrier, the above paragraph shall not be applicable to contractual provisions governing loss or damage resulting from a defect, quality or nature of bad basic cargo carried it.
3. Any clause contained in an agreement for carriage and all special agreements made prior to the damage occurring, under which the party concerned purporting to infringe the rules laid down by this Convention, whether by deciding the law to be applicable, or by changing the rules about laws of Malaysia ACT 14826 jurisdiction, shall be null and void. However, for the carriage of cargo arbitration clauses are allowed, subject to this Convention, if the arbitration is to be held in one of the jurisdictions referred to in Article VII.
Article X except as provided in article VII, nothing-nothing in this Convention shall affect the rights and obligations of the two carriers between themselves.
(Article XI to XVIII and Word closing Convention is not revealed. The matter with respect to start the currency of the Convention and with respect to the language of the text.)
THIRD SCHEDULE [section 5] the PROVISIONS of the LIABILITY of the CARRIER in the EVENT of PASSENGER 1. Liability can be enforced for the benefit of any of the family members of passengers who damage due to death of the passengers.
In this paragraph the debate "family member" means spouse, mother or father, stepmother or stepmother father, grandmother, brother or sister or brother, sister, step-brother, children, stepchildren, grandchildren: provided that in determining the relationship as mentioned above, a person who is not a valid status and an adoption shall be calculated as, or has become as a valid status, the son from his mother and his father, who is known to , or as the case may be, of the person who takes it as adopted children.
2. An action to enforce a liability can be brought by the personal representatives of the passenger or by any person for the benefit liability under paragraph above may be enforced, but only one action can be taken in Malaysia in respect of the death of any one of the passengers, and every such action, no matter by who and whatever it brought, was for the benefit of all persons entitled to such as the above , whether as a domiciled in Malaysia or, as that is not domiciled in Malaysia, which States its intention to benefit from the action.
3. Subject to subsection 6 (2) and (3), the amount obtained in any such action, having deducted any costs that are not available from the wrong claim, shall be divided among those who shall have the right at such rate as may be directed by the Court (or, if the action is tried with a jury, at such rates as may be directed by the jury).
Transport by air 27 FOURTH SCHEDULE [Subsection 14 (1)] Transport by air 1935 Enactment N.M.B. Enactment No. 6 1935.
Transport by air 1935 enactment of Johore enactment No. 3 1935.
Transport by air 1935 enactment Kelantan enactment No. 5 1935.
Transport by air enactment 1354 Kedah enactment No. 6 year 1354.
Transport by air enactment 1353 Perlis enactment No. 7 year 1353.
Laws of Malaysia ACT 14828 laws of MALAYSIA Act 148 OVER the AIR TRANSPORT ACT 1974 LIST AMENDMENT law short title effect amend from — NO — Transport by air 29 laws of MALAYSIA Act 148 OVER the AIR TRANSPORT ACT 1974 LIST SECTION AMENDED Section Power amend with effect from — NO —