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(Additional Protocol
No. 4 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 as amended at Article II In Article 2 of the Convention- paragraph 2
shall be deleted and replaced by the following: "2.
In the carriage of postal items the carrier shall be liable only to the
relevant postal administration in accordance with the rules applicable to the
relationship between the carriers and the postal administrations. 3. Except as provided
in paragraph 2 of this Article, the provisions of this Convention shall not
apply to the carriage of postal items." Article III In Chapter II of the Convention- Section III
(Articles 5 to 16) shall be deleted and replaced by the following: "Section III.-Documentation relating to
cargo Article 5 1. In respect of the
carriage of cargo an air waybill shall be delivered. 2. Any other means
which would preserve a record of the carriage to be performed may, with the consent
of the consignor, be substituted for the delivery of an air waybill. If such
other means are used, the carrier shall, if so requested by the consignor,
deliver to the consignor a receipt for the cargo permitting identification of
the consignment and access to the information contained in the record
preserved by such other means. 3. The impossibility
of using, at points of transit and destination, the other means which would
preserve the record of the carriage referred to in paragraph 2 of this Article
does not entitle the carrier to refuse to accept the cargo for carriage. Article 6 1. The air waybill
shall be made out by the consignor in three original parts. 2. The first part
shall be marked "for the carrier"; it 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. The third part shall be
signed by the carrier and handed by him to the consignor after the cargo has
been accepted. 3. The signature of
the carrier and that of the consignor may be printed or stamped. 4. If, at the request
of the consignor, the carrier makes out the air waybill, he shall be deemed,
subject to proof to the contrary, to have done so on behalf of the consignor.
Article 7 When there is more than one package: (a) the carrier of
cargo has the right to require the consignor to make out separate air
waybills; (b) the
consignor has the right to require the carrier to deliver separate receipts
when the other means referred to in paragraph 2 of Article 5 are used. Article 8 The air waybill and the receipt for the
cargo 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; and (c) an
indication of the weight of the consignment. Article 9 Non-compliance with the provisions of
Articles 5 to 8 shall 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 including those relating to
limitation of liability. Article 10 1. The consignor is
responsible for the correctness of the particulars and statements relating to
the cargo inserted by him or on his behalf in the air waybill or furnished by
him or on his behalf to the carrier for insertion in the receipt for the
cargo or for insertion in the record preserved by the other means referred to
in paragraph 2 of Article 5. 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 or on his behalf. 3. Subject to the
provisions of paragraphs 1 and 2 of this Article, the carrier shall indemnify
the consignor against all damage suffered by him, or by any other person to
whom the consignor is liable, by reason of the irregularity, incorrectness or
incompleteness of the particulars and statements inserted by the carrier or
on his behalf in the receipt for the cargo or in the record preserved by the
other means referred to in paragraph 2 of Article 5. Article 11 1. The air waybill or
the receipt for the cargo is prima facie evidence of the conclusion of the
contract, of the acceptance of the cargo and of the conditions of carriage
mentioned therein. 2. Any statements in
the air waybill or the receipt for the cargo relating to the weight, dimensions
and packing of the cargo, 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 cargo do not constitute evidence
against the carrier except so far as they both have been, and are stated in
the air waybill to have been, checked by him in the presence of the
consignor, or relate to the apparent condition of the cargo. 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 cargo by withdrawing it at the
airport of departure or destination, or by stopping it in the course of the
journey on any landing, or by calling for it to be delivered at the place of
destination or in the course of the journey to a person other than the
consignee originally designated, or by requiring it to be returned to the
airport 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 cargo without
requiring the production of the part of the air waybill or the receipt for
the cargo 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
waybill or the receipt for the cargo. 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 cargo, or if he cannot be communicated with, the consignor resumes his
right of disposition. Article 13 1. Except when the
consignor has exercised his right under Article 12, the consignee is entitled,
on arrival of the cargo at the place of destination, to require the carrier
to deliver the cargo to him, on payment of the charges due and on complying
with the conditions of carriage. 2. Unless it is
otherwise agreed, it is the duty of the carrier to give notice to the
consignee 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
expiration of seven days after the date on which it ought to have arrived,
the consignee is entitled to enforce 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
of carriage. Article 15 1. Articles 12, 13 and
14 do not affect either the relations of the consignor and 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
waybill or the receipt for the cargo. Article 16 1. The consignor must
furnish such information and such documents as are necessary to meet the
formalities of customs, octroi or police before the
cargo 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, his servants or agents. 2. The carrier is
under no obligation to enquire into the correctness or sufficiency of such
information or documents." Article IV Article 18 of the Convention shall be
deleted and replaced by the following: "Article 18 1. The carrier is
liable for damage sustained in the event of the destruction or loss of, or damage
to, any registered baggage, if the occurrence which caused the damage so
sustained took place during the carriage by air. 2. The carrier is
liable for damage sustained in the event of the destruction or loss of, or
damage to, cargo upon condition only that the
occurrence which caused the damage so sustained took place during the
carriage by air. 3. However, the
carrier is not liable if he proves that the destruction, loss of, or damage
to, the cargo resulted solely from one or more of the following: (a) inherent defect,
quality or vice of that cargo; (b) defective packing
of that cargo performed by a person other than the carrier or his servants or
agents; (c) an act of war or an
armed conflict; (d) an
act of public authority carried out in connexion with the entry, exit or
transit of the cargo. 4. The carriage by air
within the meaning of the preceding paragraphs of this Article comprises the
period during which the baggage or cargo is in the charge of the carrier,
whether in an airport or on board an aircraft, or, in the case of a landing
outside an airport, in any place whatsoever. 5. The period of the
carriage by air does not extend to any carriage by land, by sea or by river
performed outside an airport. If, however, such carriage takes place in the
performance of a contract for carriage by air, for the purpose of loading,
delivery or transhipment, 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 V Article 20 of the Convention shall be
deleted and replaced by the following: "Article 20 In the carriage of passengers and baggage,
and in the case of damage occasioned by delay in the carriage of cargo, the
carrier shall not be liable if he proves that he and his servants and agents
have taken all necessary measures to avoid the damage or that it was
impossible for them to take such measures." Article VI Article 21 of the Convention shall be deleted
and replaced by the following: "Article 21 1. In the carriage of
passengers and baggage, if the carrier proves that the damage was caused by
or contributed to by the negligence of the person suffering the damage the Court
may, in accordance with the provisions of its own law, exonerate the carrier
wholly or partly from his liability. 2. In the carriage of
cargo, if the carrier proves that the damage was caused by or contributed to
by the negligence or other wrongful act or omission of the person claiming
compensation, or the person from whom he derives his rights, the carrier
shall be wholly or partly exonerated from his liability to the claimant to
the extent that such negligence or wrongful act or omission caused or
contributed to the damage." Article VII In Article 22 of the Convention- (a) in
paragraph 2 (a) the words "and of cargo" shall be deleted. (b) after paragraph 2
(a) the following paragraph shall be inserted:- "(b) in the carriage 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 the sum is greater than the consignor's actual interest
in delivery at destination." (c) paragraph
2 (b) shall be designated as paragraph 2 (c). (d) after paragraph 5
the following paragraph shall be inserted:- "6. 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 paragraph 2 (b) 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
two hundred and fifty monetary units per kilogramme. This monetary unit
corresponds to sixty-five and a half milligrammes
of gold of millesimal fineness nine hundred. This
sum may be converted into the national currency concerned in round figures.
The conversion of this sum into the national currency shall be made according
to the law of the State concerned." Article VIII Article 24 of the Convention shall be
deleted and replaced by the following: "Article 24 1. In the carriage of
passengers and baggage, any action for damages, however founded, can only be brought
subject to the conditions and limits set out in this Convention, without
prejudice to the question as to who are the persons who have the right to
bring suit and what are their respective rights. 2. In the carriage of
cargo, any action for damages, however founded, whether under this Convention
or in contract or in tort or otherwise, can only be brought subject to the
conditions and limits of liability set out in this Convention without
prejudice to the question as to who are the persons who have the right to
bring suit and what are their respective rights. Such limits of liability
constitute maximum limits and may not be exceeded whatever the circumstances
which gave rise to the liability." Article IX Article 25 of the Convention shall be deleted
and replaced by the following: "Article 25 In the carriage of passengers and baggage,
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 X In Article 25 A of the Convention- paragraph
3 shall be deleted and replaced by the following: "3.
In the carriage of passengers and baggage, 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 XI After Article 30 of the Convention, the
following Article shall be inserted:- "Article 30 A Nothing in this Convention shall prejudice
the question whether a person liable for damage in accordance with its
provisions has a right of recourse against any other person." Article XII Article 33 of the Convention shall be
deleted and replaced by the following: "Article 33 Except as provided in paragraph 3 of Article
5, nothing 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 XIII Article 34 of the Convention shall be
deleted and replaced by the following: "Article 34 The provisions of Articles 3 to 8 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." Chapter II - Scope of Application of the Convention as
Amended Article XIV The Warsaw Convention as amended at The
Hague in 1955 and 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 in the territory
of another State. Chapter III - Final Clauses Article XV As between the Parties to this Protocol, the
Warsaw Convention as amended at The Hague in 1955 and this 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, and by Protocol No. 4 of
Montreal, 1975. Article XVI Until the date on which this Protocol comes
into force in accordance with the provisions of Article XVIII, it shall
remain open for signature by any State. Article XVII 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 or
by any State which is not a Party to the Warsaw Convention as amended at The
Hague, 1955, shall have the effect of accession to the Warsaw Convention as
amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975. 3. The instruments of
ratification shall be deposited with the Government of the Polish People's
Republic. Article XVIII 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 XIX 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 Warsaw Convention or by any
State which is not a Party to the Warsaw Convention as amended at The Hague,
1955, shall have the effect of accession to the Warsaw Convention as amended
at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975. 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 XX 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 date of 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 Warsaw
Convention in accordance with Article 39 thereof or of The Hague Protocol in
accordance with Article XXIV thereof shall not be construed in any way as a
denunciation of the Warsaw Convention as amended at The Hague, 1955, and by
Protocol No. 4 of Montreal, 1975. Article XXI 1. Only the following
reservations may be made to this Protocol:- (a) a State may at any
time declare by a notification addressed to the Government of the Polish
People's Republic that the Warsaw Convention as amended at The Hague, 1955,
and by Protocol No. 4 of Montreal, 1975, shall not apply to the carriage of
persons, baggage and cargo 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; and (b) any State may
declare at the time of ratification of or accession to the Additional
Protocol No. 3 of Montreal, 1975, or at any time thereafter, that it is not
bound by the provisions of the Warsaw Convention as amended at The Hague,
1955, and by Protocol No. 4 of Montreal, 1975, in so far as they relate to
the carriage of passengers and baggage. Such declaration shall have effect
ninety days after the date of receipt of the declaration by the Government of
the Polish People's Republic. 2. Any State having
made a reservation in accordance with the preceding paragraph may at any time
withdraw such reservation by notification to the Government of the Polish
People's Republic. Article XXII The Government of the Polish People's
Republic shall promptly inform all States Parties to the Warsaw Convention or
to 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 XXIII 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 at The Hague, 1955, and by
Protocol No. 4 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 XXIV If two or more States are Parties both to
this Protocol and to the Guatemala City Protocol, 1971, or to the Additional
Protocol No. 3 of (a) the provisions
resulting from the system established by this Protocol, concerning cargo and
postal items, shall prevail over the provisions resulting from the system
established by the Guatemala City Protocol, 1971, or by the Additional
Protocol No. 3 of Montreal, 1975; (b) the
provisions resulting from the system established by the Guatemala City
Protocol, 1971, or by the Additional Protocol No. 3 of Article XXV 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 XVIII 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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