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Warsaw-Convention

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING
TO INTERNATIONAL CARRIAGE BY AIR, SIGNED AT WARSAW ON 12
OCTOBER 1929
( WARSAW CONVENTION)
CHAPTER I
SCOPE - DEFINITIONS
Article 1
1. This Convention applies to all international carriage of persons,
luggage or goods performed by aircraft for reward. It applies equally to
gratuitous carriage by aircraft performed by an air transport undertaking.
2. For the purposes of this Convention the expression "international
carriage" means any carriage in which, according to the contract made by
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 a territory subject to the sovereignty, suzerainty, mandate or
authority of another Power, even though that Power is not a party to this
Convention. A carriage without such an agreed stopping place between
territories subject to the sovereignty, suzerainty, mandate or authority of the
same High Contracting Party is not deemed to be international for the
purposes of this Convention.
3. A 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 a territory
subject to the sovereignty, suzerainty, mandate or authority of the same
High Contracting Party.
Article 2
1. This Convention applies to carriage performed by the State or
by legally constituted public bodies provided it falls within the conditions
laid down in Article 1.
2. This Convention does not apply to carriage performed under the
terms of any international postal Convention.
CHAPTER II
DOCUMENTS OF CARRIAGE
Section I - Passenger Ticket
Article 3
1. For the carriage of passengers the carrier must deliver a
passenger ticket which shall contain the following particulars:-
(a) the place and date of issue;
(b) the place of departure and of destination;
(c) the agreed stopping places, provided that the carrier
may reserve the right to alter the stopping places in case of necessity,
and that if he exercises that right, the alteration shall not have
the effect of depriving the carriage of its international character;
(d) the name and address of the carrier or carriers;
(e) a statement that the carriage is subject to the rules
relating to liability established by this Convention.
2. 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 the
carrier accepts a passenger without a passenger ticket having been delivered
he shall not be entitled to avail himself of those provisions of this
Convention which exclude or limit his liability.
Section II - Luggage Ticket
Article 4
1. For the carriage of luggage, other than small personal objects of
which the passenger takes charge himself, the carrier must deliver a luggage
ticket.
2. The luggage ticket shall be made out in duplicate, one part for
the passenger and the other part for the carrier.
3. The luggage ticket shall contain the following particulars:-
(a) the place and date of issue;
(b) the place of departure and of destination;
(c) the name and address of the carrier or carriers;
(d) the number of the passenger ticket;
(e) a statement that delivery of the luggage will be made
to the bearer of the luggage ticket;
(f) the number and weight of the packages;
(g) the amount of the value declared in accordance with
Article 22(2);
(h) a statement that the carriage is subject to the rules
relating to liability established by this Convention.
4. The absence, irregularity or loss of the luggage 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 the
carrier accepts luggage without a luggage ticket having been delivered, or
if the luggage ticket does not contain the particulars set out at (d), (f) and (h)
above, the carrier shall not be entitled to avail himself of those provisions
of the Convention which exclude or limit his liability.
Section III - Air Consignment Note
Article 5
1. Every carrier of goods has the right to require the consignor to
make out and hand over to him a document called an "air consignment
note"; every consignor has the right to require the carrier to accept this
document.
2. The absence, irregularity or loss of this document does not affect
the existence or the validity of the contract of carriage which shall, subject
to the provisions of Article 9, be none the less governed by the rules of this
Convention.
Article 6
1. The air consignment note shall be made out by the consignor in
three original parts and be handed over with the goods.
2. The first part shall be marked "for the carrier," and shall be
signed by the consignor. The second part shall be marked "for the
consignee"; it shall be signed by the consignor and by the carrier and shall
accompany the goods. The third part shall be signed by the carrier and
handed by him to the consignor after the goods have been accepted.
3. The carrier shall sign on acceptance of the goods.
4. The signature of the carrier may be stamped; that of the
consignor may be printed or stamped.
5. If, at the request of the consignor, the carrier makes out the air
consignment note, he shall be deemed, subject to proof to the contrary, to
have done so on behalf of the consignor.
Article 7
The carrier of goods has the right to require the consignor to make
out separate consignment notes when there is more than one package.
Article 8
The air consignment note shall contain the following particulars:-
(a) the place and date of its execution;
(b) the place of departure and of destination;
(c) the agreed stopping places, provided that the carrier
may reserve the right to alter the stopping places in case of necessity,
and that if he exercises that right the alteration shall not have
the effect of depriving the carriage of its international character;
(d) the name and address of the consignor;
(e) the name and address of the first carrier;
(f) the name and address of the consignee, if the case so
requires;
(g) the nature of the goods;
(h) the number of the packages, the method of packing and
the particular marks or numbers upon them;
(i) the weight, the quantity and the volume or dimensions
of the goods;
(j) the apparent condition of the goods and of the packing;
(k) the freight, if it has been agreed upon, the date and
place of payment, and the person who is to pay it;
(l) if the goods are sent for payment on delivery, the price
of the goods, and, if the case so requires, the amount of the
expenses incurred;
(m) the amount of the value declared in accordance with
Article 22 (2);
(n) the number of parts of the air consignment note;
(o) the documents handed to the carrier to accompany the
air consignment note;
(p) the time fixed for the completion of the carriage and a
brief note of the route to be followed, if these matters have been
agreed upon;
(q) a statement that the carriage is subject to the rules
relating to liability established by this Convention.
Article 9
If the carrier accepts goods without an air consignment note having
been made out, or if the air consignment note does not contain all the
particulars set out in Article 8(a) to (i) inclusive and (q), the carrier shall not
be entitled to avail himself of the provisions of this Convention which
exclude or limit his liability.
Article 10
1. The consignor is responsible for the correctness of the particulars
and statements relating to the goods which he inserts in the air consignment
note.
2. The consignor will be liable for all damage suffered by the
carrier or any other person by reason of the irregularity, incorrectness or
incompleteness of the said particulars and statements.
Article 11
1. The air consignment note is prima facie evidence of the
conclusion of the contract, of the receipt of the goods and of the conditions
of carriage.
2. The statements in the air consignment note relating to the weight,
dimensions and packing of the goods, as well as those relating to the
number of packages, are prima facie evidence of the facts stated; those
relating to the quantity, volume and condition of the goods do not constitute
evidence against the carrier except so far as they both have been, and are
stated in the air consignment note to have been, checked by him in the
presence of the consignor, or relate to the apparent condition of the goods.
Article 12
1. Subject to his liability to carry out all his obligations under the
contract of carriage, the consignor has the right to dispose of the goods by
withdrawing them at the aerodrome of departure or destination, or by
stopping them in the course of the journey on any landing, or by calling for
them to be delivered at the place of destination or in the course of the
journey to a person other than the consignee named in the air consignment
note, or by requiring them to be returned to the aerodrome of departure.
He must not exercise this right of disposition in such a way as to prejudice
the carrier or other consignors and he must repay any expenses occasioned
by the exercise of this right.
2. If it is impossible to carry out the orders of the consignor the
carrier must so inform him forthwith.
3. If the carrier obeys the orders of the consignor for the disposition
of the goods without requiring the production of the part of the air
consignment note delivered to the latter, he will be liable, without prejudice
to his right of recovery from the consignor, for any damage which may be
caused thereby to any person who is lawfully in possession of that part of
the air consignment note.
4. The right conferred on the consignor ceases at the moment when
that of the consignee begins in accordance with Article 13. Nevertheless,
if the consignee declines to accept the consignment note or the goods, or if
he cannot be communicated with, the consignor resumes his right of disposition.
Article 13
1. Except in the circumstances set out in the preceding Article, the
consignee is entitled, on arrival of the goods at the place of destination, to
require the carrier to hand over to him the air consignment note and to
deliver the goods to him, on payment of the charges due and on complying
with the conditions of carriage set out in the air consignment note.
2. Unless it is otherwise agreed, it is the duty of the carrier to give
notice to the consignee as soon as the goods arrive.
3. If the carrier admits the loss of the goods, or if the goods have
not arrived at the expiration of seven days after the date on which they
ought to have arrived, the consignee is entitled to put into force against the
carrier the rights which flow from the contract of carriage.
Article 14
The consignor and the consignee can respectively enforce all the
rights given them by Articles 12 and 13, each in his own name, whether he
is acting in his own interest or in the interest of another, provided that he
carries out the obligations imposed by the contract.
Article 15
1. Articles 12, 13 and 14 do not affect either the relations of the
consignor or the consignee with each other or the mutual relations of third
parties whose rights are derived either from the consignor or from the
consignee.
2. The provisions of Articles 12, 13 and 14 can only be varied by
express provision in the air consignment note.
Article 16
1. The consignor must furnish such information and attach to the
air consignment note such documents as are necessary to meet the
formalities of customs, octroi or police before the goods can be delivered
to the consignee. The consignor is liable to the carrier for any damage
occasioned by the absence, insufficiency or irregularity of any such
information or documents, unless the damage is due to the fault of the
carrier or his agents.
2. The carrier is under no obligation to enquire into the correctness
or sufficiency of such information or documents.
CHAPTER III
LIABILITY OF THE CARRIER
Article 17
The carrier is liable for damage sustained in the event of the death
or wounding of a passenger or any other bodily injury suffered by a
passenger, if the accident which caused the damage so sustained took place
on board the aircraft or in the course of any of the operations of embarking
or disembarking.
Article 18
1. The carrier is liable for damage sustained in the event of the
destruction or loss of, or of damage to, any registered luggage or any
goods, if the occurrence which caused the damage so sustained took place
during the carriage by air.
2. The carriage by air within the meaning of the preceding
paragraph comprises the period during which the luggage or goods are in
charge of the carrier, whether in an aerodrome or on board an aircraft, or,
in the case of a landing outside an aerodrome, in any place whatsoever.
3. The period of the carriage by air does not extend to any carriage
by land, by sea or by river performed outside an aerodrome. If, however,
such a carriage takes place in the performance of a contract for carriage by
air, for the purpose of loading, delivery or transshipment, any damage is
presumed, subject to proof to the contrary, to have been the result of an
event which took place during the carriage by air.
Article 19
The carrier is liable for damage occasioned by delay in the carriage
by air of passengers, luggage or goods.
Article 20
1. The carrier is not liable if he proves that he and his agents have
taken all necessary measures to avoid the damage or that it was impossible
for him or them to take such measures.
2. In the carriage of goods and luggage the carrier is not liable if
he proves that the damage was occasioned by negligent pilotage or
negligence in the handling of the aircraft or in navigation and that, in all
other respects, he and his agents have taken all necessary measures to avoid
the damage.
Article 21
If the carrier proves that the damage was caused by or contributed
to by the negligence of the injured person the Court may, in accordance
with the provisions of its own law, exonerate the carrier wholly or partly
from his liability.
Article 22
1. In the carriage of passengers the liability of the carrier for each
passenger is limited to the sum of 125,000 francs. Where, in accordance
with the law of the Court seised of the case, damages may be awarded in the
form of periodical payments, the equivalent capital value of the said
payments shall not exceed 125,000 francs. Nevertheless, by special
contract, the carrier and the passenger may agree to a higher limit of
liability.
2. In the carriage of registered luggage and of goods, the liability
of the carrier is limited to a sum of 250 francs per kilogram, unless the
consignor has made, at the time when the package was handed over to the
carrier, a special declaration of the value at delivery and has paid a
supplementary sum if the case so requires. 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 actual value to the consignor at delivery.
3. As regards objects of which the passenger takes charge himself
the liability of the carrier is limited to 5,000 francs per passenger.
4. The sums mentioned above shall be deemed to refer to the
French franc consisting of 65 ½ milligrams gold of millesimal fineness 900.
These sums may be converted into any national currency in round figures.
Article 23
Any provision tending to relieve the carrier of liability or to fix a
lower limit than that which is laid down in this Convention shall be null and
void, but the nullity of any such provision does not involve the nullity of the
whole contract, which shall remain subject to the provisions of this
Convention.
Article 24
1. In the cases covered by Articles 18 and 19 any action for
damages, however founded, can only be brought subject to the conditions
and limits set out in this Convention.
2. In the cases covered by Article 17 the provisions of the
preceding paragraph also apply, without prejudice to the questions as to who
are the persons who have the right to bring suit and what are their respective
rights.
Article 25
1. The carrier shall not be entitled to avail himself of the provisions
of this Convention which exclude or limit his liability, if the damage is
caused by his wilful misconduct or by such default on his part as, in
accordance with the law of the Court seised of the case, is considered to be
equivalent to wilful misconduct.
2. Similarly the carrier shall not be entitled to avail himself of the
said provisions, if the damage is caused as aforesaid by any agent of the
carrier acting within the scope of his employment.
Article 26
1. Receipt by the person entitled to delivery of luggage or goods
without complaint is prima facie evidence that the same have been delivered
in good condition and in accordance with the document of carriage.
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 three days from the date of receipt in the case of luggage
and seven days from the date of receipt in the case of goods. In the case of
delay the complaint must be made at the latest within fourteen days from the
date on which the luggage or goods have been placed at his disposal.
3. Every complaint must be made in writing upon the document of
carriage or by separate notice in writing despatched within the times
aforesaid.
4. Failing complaint within the times aforesaid, no action shall lie
against the carrier, save in the case of fraud on his part.
Article 27
In the case of the death of the person liable, an action for damages
lies in accordance with the terms of this Convention against those legally
representing his estate.
Article 28
1. An action for damages must be brought, at the option of the
plaintiff, in the territory of one of the High Contracting Parties, either
before the Court having jurisdiction where the carrier is ordinarily resident,
or has his principal place of business, or has an establishment by which the
contract has been made or before the Court having jurisdiction at the place
of destination.
2. Questions of procedure shall be governed by the law of the
Court seised of the case.
Article 29
1. The right to damages shall be extinguished if an action is not
brought within two years, reckoned from the date of arrival at the
destination, or from the date on which the aircraft ought to have arrived, or
from the date on which the carriage stopped.
2. The method of calculating the period of limitation shall be
determined by the law of the Court seised of the case.
Article 30
1. In the case of carriage to be performed by various successive
carriers and falling within the definition set out in the third paragraph of
Article 1, each carrier who accepts passengers, luggage or goods is
subjected to the rules set out in this Convention, and is deemed to be one of
the contracting parties to the contract of carriage in so far as the contract
deals with that part of the carriage which is performed under his
supervision.
2. In the case of carriage of this nature, the passenger or his
representative can take action only against the carrier who performed the
carriage during which the accident or the delay occurred, save in the case
where, by express agreement, the first carrier has assumed liability for the
whole journey.
3. As regards luggage or goods, the passenger or consignor will
have a right of action against the first carrier, and the passenger or
consignee who is entitled to delivery will have a right of action against the
last carrier, and further, each may take action against the carrier who
performed the carriage during which the destruction, loss, damage or delay
took place. These carriers will be jointly and severally liable to the
passenger or to the consignor or consignee.
CHAPTER IV
PROVISIONS RELATING TO COMBINED CARRIAGE
Article 31
1. In the case of combined carriage performed partly by air and
partly by any other mode of carriage, the provisions of this Convention
apply only to the carriage by air, provided that the carriage by air falls
within the terms of Article 1.
2. Nothing in this Convention shall prevent the parties in the case
of combined carriage from inserting in the document of air carriage
conditions relating to other modes of carriage, provided that the provisions
of this Convention are observed as regards the carriage by air.
CHAPTER V
GENERAL AND FINAL PROVISIONS
Article 32
Any clause contained in the contract and all special agreements
entered into before the damage occurred by which the parties purport to
infringe the rules laid down by this Convention, whether by deciding the
law to be applied, or by altering the rules as to jurisdiction, shall be null and
void. Nevertheless for the carriage of goods arbitration clauses are allowed,
subject to this Convention, if the arbitration is to take place within one of
the jurisdictions referred to in the first paragraph of Article 28.
Article 33
Nothing contained in this Convention shall prevent the carrier either
from refusing to enter into any contract of carriage, or from making
regulations which do not conflict with the provisions of this Convention.
Article 34
This Convention does not apply to international carriage by air
performed by way of experimental trial by air navigation undertakings with
the view to the establishment of a regular line of air navigation, nor does it
apply to carriage performed in extraordinary circumstances outside the
normal scope of an air carrier's business.
Article 35
The expression "days" when used in this Convention means current
days not working days.
Article 36
The Convention is drawn up in French in a single copy which shall
remain deposited in the archives of the Ministry for Foreign Affairs of
Poland and of which one duly certified copy shall be sent by the Polish
Government to the Government of each of the High Contracting Parties.
Article 37
1. This Convention shall be ratified. The instruments of ratification
shall be deposited in the archives of the Ministry for Foreign Affairs of
Poland, which will notify the deposit to the Government of each of the High
Contracting Parties.
2. As soon as this Convention shall have been ratified by five of the
High Contracting Parties it shall come into force as between them on the
ninetieth day after the deposit of the fifth ratification. Thereafter it shall
come into force between the High Contracting Parties who shall have
ratified and the High Contracting Party who deposits his instrument of
ratification on the ninetieth day after the deposit.
3. It shall be the duty of the Government of the Republic of Poland
to notify to the Government of each of the High Contracting Parties the date
on which this Convention comes into force as well as the date of the deposit
of each ratification.
Article 38
1. This Convention shall, after it has come into force, remain open
for accession by any State.
2. The accession shall be effected by a notification addressed to the
Government of the Republic of Poland, which will inform the Government
of each of the High Contracting Parties thereof.
3. The accession shall take effect as from the ninetieth day after the
notification made to the Government of the Republic of Poland.
Article 39
1. Any one of the High Contracting Parties may denounce this
Convention by a notification addressed to the Government of the Republic
of Poland, which will at once inform the Government of each of the High
Contracting Parties.
2. Denunciation shall take effect six months after the notification
of denunciation, and shall operate only as regards the Party who shall have
proceeded to denunciation.
Article 40
1. Any High Contracting Party may, at the time of signature or of
deposit of ratification or of accession declare that the acceptance which he
gives to this Convention does not apply to all or any of his colonies,
protectorates, territories under mandate, or any other territory subject to his
sovereignty or his authority, or any territory under his suzerainty.
2. Accordingly any High Contracting Party may subsequently
accede separately in the name of all or any of his colonies, protectorates,
territories under mandate or any other territory subject to his sovereignty or
to his authority or any territory under his suzerainty which has been thus
excluded by his original declaration.
3. Any High Contracting Party may denounce this Convention, in
accordance with its provisions, separately or for all or any of his colonies,
protectorates, territories under mandate or any other territory subject to his
sovereignty or to his authority, or any other territory under his suzerainty.
Article 41
Any High Contracting Party shall be entitled not earlier than two
years after the coming into force of this Convention to call for the
assembling of a new international Conference in order to consider any
improvements which may be made in this Convention. To this end he will
communicate with the Government of the French Republic which will take
the necessary measures to make preparations for such Conference.
This Convention done at Warsaw on the 12th October, 1929, shall
remain open for signature until the 31st January, 1930.
"ADDITIONAL PROTOCOL
(With reference to Article 2)
The High Contracting Parties reserve to themselves the right to
declare at the time of ratification or of accession that the first paragraph of
Article 2 of this Convention shall not apply to international carriage by air
performed directly by the State, its colonies, protectorates or mandated
territories or by any other territory under its sovereignty, suzerainty or
authority."




PROTOCOL TO AMEND THE CONVENTION FOR THE UNIFICATION OF
CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR, SIGNED
AT WARSAW ON 12 OCTOBER 1929, DONE AT THE HAGUE ON 28 SEPTEMBER
1955 (THE HAGUE PROTOCOL 1955)
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
1. In the carriage of persons the liability of the carrier for each
passenger is limited to the sum of two hundred and fifty thousand francs.
Where, in accordance with the law of the court seised of the case, damages
may be awarded in the form of periodical payments, the equivalent capital
value of the said payments shall not exceed two hundred and fifty thousand
francs. Nevertheless, by special contract, the carrier and the passenger may
agree to a higher limit of liability.
2. (a) In the carriage of registered baggage and of cargo, the
liability of the carrier is limited to a sum of two hundred and fifty francs per
kilogramme, unless the passenger or consignor has made, at the time when
the package was handed over to the carrier, a special declaration of interest
in delivery at destination and has paid a supplementary sum if the case so
requires. 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.
3. As regards objects of which the passenger takes charge himself
the liability of the carrier is limited to five thousand francs per passenger.
4. The limits prescribed in this article shall not prevent the court
from awarding, in accordance with its own law, in addition, the whole or
part of the court costs and of the other expenses of the litigation incurred by
the plaintiff. The foregoing provision shall not apply if the amount of the
damages awarded, excluding court costs and other expenses of the litigation,
does not exceed the sum which the carrier has offered in writing to the
plaintiff within a period of six months from the date of the occurrence
causing the damage, or before the commencement of the action, if that is
later.
5. The sums mentioned in francs in this Article shall be deemed to
refer to a currency unit consisting of sixty-five and a half milligrammes of
gold of millesimal fineness nine hundred. These sums may be converted into
national currencies in round figures. Conversion of the sums into national
currencies other than gold shall, in case of judicial proceedings, be made
according to the gold value of such currencies at the date of the judgment."
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
1. If an action is brought against a servant or agent of the carrier
arising out of damage to which this Convention relates, such servant or
agent, if he proves that he acted within the scope of his employment, shall
be entitled to avail himself of the limits of liability which that carrier himself
is entitled to invoke under Article 22.
2. The aggregate of the amounts recoverable from the carrier, his
servants and agents, in that case, shall not exceed the said limits.
3. The provisions of paragraphs 1 and 2 of this article shall not
apply if it is proved that the damage resulted from an act or omission of the
servant or agent done with intent to cause damage or recklessly and with
knowledge that damage would probably result."
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
1. In Article 37, paragraph 2 and Article 40, paragraph 1, the
expression High Contracting Party shall mean State. In all other cases, the
expression High Contracting Party shall mean a State whose ratification of
or adherence to the Convention has become effective and whose
denunciation thereof has not become effective.
2. For the purposes of the Convention the word territory means not
only the metropolitan territory of a State but also all other territories for the
foreign relations of which that State is responsible."
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
1. This Protocol shall be subject to ratification by the signatory
States.
2. Ratification of this Protocol by any State which is not a Party to
the Convention shall have the effect of adherence to the Convention as
amended by this Protocol.
3. The instruments of ratification shall be deposited with the
Government of the People's Republic of Poland.
Article XXII
1. As soon as thirty signatory States have deposited their instruments
of ratification of this Protocol, it shall come into force between them
on the ninetieth day after the deposit of the thirtieth instrument of
ratification. It shall come into force for each State ratifying thereafter on the
ninetieth day after the deposit of its instrument of ratification.
2. As soon as this Protocol comes into force it shall be registered
with the United Nations by the Government of the People's Republic of
Poland.
Article XXIII
1. This Protocol shall, after it has come into force, be open for
adherence by any non-signatory State.
2. Adherence to this Protocol by any State which is not a Party to
the Convention shall have the effect of adherence to the Convention as
amended by this Protocol.
3. Adherence shall be effected by the deposit of an instrument of
adherence with the Government of the People's Republic of Poland and
shall take effect on the ninetieth day after the deposit.
Article XXIV
1. Any Party to this Protocol may denounce the Protocol by
notification addressed to the Government of the People's Republic of
Poland.
2. Denunciation shall take effect six months after the date of receipt
by the Government of the People's Republic of Poland of the notification of
denunication.
3. As between the Parties to this Protocol, denunciation by any of
them of the Convention in accordance with Article 39 thereof shall not be
construed in any way as a denunciation of the Convention as amended by
this Protocol.
Article XXV
1. This Protocol shall apply to all territories for the foreign relations
of which a State Party to this Protocol is responsible, with the exception of
territories in respect of which a declaration has been made in accordance
with paragraph 2 of this Article.
2. Any State may, at the time of deposit of its instrument of
ratification or adherence, declare that its acceptance of this Protocol does
not apply to any one or more of the territories for the foreign relations of
which such State is responsible.
3. Any State may subsequently, by notification to the Government
of the People's Republic of Poland, extend the application of this Protocol
to any or all of the territories regarding which it has made a declaration in
accordance with paragraph 2 of this Article. The notification shall take
effect on the ninetieth day after its receipt by that Government.
4. Any State Party to this Protocol may denounce it, in accordance
with the provisions of Article XXIV, paragraph 1, separately for any or all
of the territories for the foreign relations of which such State is responsible.
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
Organization or of the United Nations and to the International Civil Aviation
Organization:
(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 authorized, 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 Organization or of the
United Nations, and to the International Civil Aviation Organization.

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