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(Additional Protocol
No. 1 To The |
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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 Have Agreed As
Follows: Chapter I - Amendments to the Convention Article I The Convention which the provisions of the
present Chapter modify is the Warsaw Convention, 1929. Article II Article 22 of the Convention shall be
deleted and replaced by the following: "Article 22 1. In the carriage of
passengers the liability of the carrier for each passenger is limited to the
sum of 8 300 Special Drawing Rights. Where, in accordance with the law of the
court seised of the case, damages may be awarded in
the form of periodic payments, the equivalent capital value of the said
payments shall not exceed this limit. Nevertheless, by special contract, the
carrier and the passenger may agree to a higher limit of liability. 2. In the carriage of
registered baggage and of cargo, the liability of the carrier is limited to a
sum of 17 Special Drawing Rights per kilogramme, unless the 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 consignor's actual interest in delivery at
destination. 3. As regards objects
of which the passenger takes charge himself the
liability of the carrier is limited to 332 Special Drawing Rights per
passenger. 4. The sums mentioned
in terms of the Special Drawing Right in this Article shall be deemed to
refer to the Special Drawing Right as defined by the International Monetary
Fund. Conversion of the sums into national currencies shall, in case of
judicial proceedings, be made according to the value of such currencies in
terms of the Special Drawing Right at the date of the judgment. The value of
a national currency, in terms of the Special Drawing Right, of a High
Contracting Party which is a Member of the International Monetary Fund, shall
be calculated in accordance with the method of valuation applied by the
International Monetary Fund, in effect at the date of the judgment, for its
operations and transactions. The value of a national currency, in terms of
the Special Drawing Right, of a High Contracting Party which is not a Member
of the International Monetary Fund, shall be calculated in a manner
determined by that High Contracting Party. Nevertheless, those States which are not
Members of the International Monetary Fund and whose law does not permit the application
of the provisions of paragraphs 1, 2 and 3 of Article 22 may, at the time of
ratification or accession or at any time thereafter, declare that the limit
of liability of the carrier in judicial proceedings in their territories is
fixed at a sum of 125 000 monetary units per passenger with respect to
paragraph 1 of Article 22; 250 monetary units per kilogramme with respect to
paragraph 2 of Article 22; and 5 000 monetary units per passenger with
respect to paragraph 3 of Article 22. This monetary unit corresponds to
sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These sums may be
converted into the national currency concerned in round figures. The
conversion of these sums into national currency shall be made according to
the law of the State concerned." Chapter II - Scope of Application of the Convention as
Amended Article III The Warsaw Convention as amended by this
Protocol shall apply to international carriage as defined in Article 1 of the
Convention, provided that the place 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 in the territory of another State. Chapter III - Final Clauses Article IV 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 by
Additional Protocol No. 1 of Montreal, 1975. Article V Until the date on which this Protocol comes
into force in accordance with the provisions of Article VII, it shall remain
open for signature by any State. Article VI 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 Warsaw Convention
shall have the effect of accession to the Convention as amended by this
Protocol. 3. The instruments of
ratification shall be deposited with the Government of the Polish People's
Republic. Article VII 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 Polish People's Republic. Article VIII 1. This Protocol,
after it has come into force, shall be open for accession by any
non-signatory State. 2. Accession to this
Protocol by any State which is not a Party to the Convention shall have the
effect of accession to the Convention as amended by this Protocol. 3. Accession shall be
effected by the deposit of an instrument of accession with the Government of
the Polish People's Republic and shall take effect on the ninetieth day after
the deposit. Article IX 1. Any Party to this
Protocol may denounce the Protocol by notification addressed to the
Government of the Polish People's Republic. 2. Denunciation shall
take effect six months after the receipt by the Government of the Polish
People's Republic of the notification of denunciation. 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 X No reservation may be made to this Protocol.
Article XI The Government of the Polish People's Republic
shall promptly inform all States Parties to the Warsaw Convention or of that
Convention as amended, all signatory or acceding States to the present
Protocol, as well as the International Civil Aviation Organization, of the
date of each signature, the date of deposit of each instrument of
ratification or accession, the date of coming into force of this Protocol,
and other relevant information. Article XII As between the Parties to this Protocol
which are also Parties to the Convention, Supplementary to the Warsaw
Convention, for the Unification of Certain Rules Relating to International
Carriage by Air Performed by a Person Other than the Contracting Carrier,
signed at Guadalajara on 18 September 1961 (hereinafter referred to as the
"Guadalajara Convention") any reference to the "Warsaw
Convention" contained in the Guadalajara Convention shall include
reference to the Warsaw Convention as amended by Additional Protocol No. 1 of
Montreal, 1975, in cases where the carriage under the agreement referred to
in Article 1, paragraph (b) of the Guadalajara Convention is governed by this
Protocol. Article XIII This Protocol shall remain open for
signature until 1 January 1976 at the Headquarters of the International Civil
Aviation Organization and thereafter until it comes into force in accordance
with Article VII at the Ministry for Foreign Affairs of the Polish People's
Republic. The International Civil Aviation Organization shall promptly inform
the Government of the Polish People's Republic of any signature and the date
thereof during the time that the Protocol shall be open for signature at the
Headquarters of the International Civil Aviation Organization. In Witness Whereof the undersigned
Plenipotentiaries, having been duly authorized, have
signed this Protocol. Done at End |
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Montreal
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