Section 42

Subject to the provisions of this Act, the provisions of the

Warsaw-Hague Convention shall have the force of law in Brunei Darussalam and shall govern the rights and liabilities of carriers, passengers, consignors, consignees and other persons in relation to any carriage by air to which that

Convention applies.

Any recovery of damages from a carrier as a result of liability imposed on it by the applicability of the Warsaw-Hague Convention shall be an exclusive remedy and shall be in lieu of any other legal remedy which, but for that Convention, would be available.

Any sum in special drawing rights mentioned in Article 22 of the

Warsaw-Hague Convention shall, for the purposes of an action against the carrier, be converted into the currency of Brunei Darussalam in accordance with terms established by the Minister of Finance and Economy.

In the event of the death of a passenger, the carrier’s liability shall be enforceable for the benefit of such members of the passenger’s family as sustained loss or damage by reason of his death.

An action to enforce the liability may be brought by the representative of the passenger or by any person for whose benefit the liability is enforceable but only one action shall be brought before the court in Brunei Darussalam 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.

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.

In this section, the expression “members of the passenger’s family” includes, but is not limited to a wife, husband, child and parent, and those members of the family who had been financially dependent on the passenger.

Civil Aviation 32