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(Guatemala City
Protocol 1971) |
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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 Article 3 of the Convention shall be deleted
and replaced by the following: “Article 3 1. In respect of the
carriage of passengers an individual or collective document of carriage 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. 2. Any other means
which would preserve a record of the information indicated in (a) and (b) of
the foregoing paragraph may be substituted for the delivery of the document
referred to in that paragraph. 3. Non-compliance with
the provisions of the foregoing paragraphs 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 III Article 4 of the Convention shall be deleted
and replaced by the following: "Article 4 1. In respect of the
carriage of checked baggage, a baggage check shall be delivered, which,
unless combined with or incorporated in a document of carriage 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. 2. Any other means
which would preserve a record of the information indicated in (a) and (b) of
the foregoing paragraph may be substituted for the delivery of the baggage check
referred to in that paragraph. 3. Non-compliance with
the provisions of the foregoing paragraphs 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 IV Article 17 of the Convention shall be
deleted and replaced by the following: "Article 17 1. The carrier is
liable for damage sustained in case of death or personal injury of a passenger
upon condition only that the event which caused the death or injury took
place on board the aircraft or in the course of any of the operations of
embarking or disembarking. However, the carrier is not liable if the death or
injury resulted solely from the state of health of the passenger. 2. The carrier is
liable for damage sustained in case of destruction or loss of, or of damage
to, baggage upon condition only that the event which caused the destruction,
loss or damage took place on board the aircraft or in the course of any of
the operations of embarking or disembarking or during any period within which
the baggage was in charge of the carrier. However, the carrier is not liable
if the damage resulted solely from the inherent defect, quality or vice of
the baggage. 3. Unless otherwise
specified, in this Convention the term "baggage" means both checked
baggage and objects carried by the passenger." Article V In Article 18 of the Convention - paragraphs
1 and 2 shall be deleted and replaced by the following:- "1.
The carrier is liable for damage sustained in the event of the destruction or
loss of, or of damage to, any cargo, 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 cargo is in 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." Article VI Article 20 of the Convention shall be
deleted and replaced by the following: "Article 20 1. In the carriage of
passengers and baggage the carrier shall not be liable for damage occasioned by
delay 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. 2. In the carriage of
cargo the carrier shall not be liable for damage resulting from destruction,
loss, damage or delay 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 VII Article 21 of the Convention shall be deleted
and replaced by the following: "Article 21 If the carrier proves that the damage was
caused or contributed to by the negligence or other wrongful act or omission
of the person claiming compensation, the carrier shall be wholly or partly
exonerated from his liability to such person to the extent that such
negligence or wrongful act or omission caused or contributed to the damage.
When by reason of the death or injury of a passenger compensation is claimed
by a person other than the passenger, the carrier shall likewise be wholly or
partly exonerated from his liability to the extent that he proves that the
damage was caused or contributed to by the negligence or other wrongful act
or omission of that passenger." Article VIII Article 22 of the Convention shall be
deleted and replaced by the following: "Article 22 1. (a) In the carriage of
persons the liability of the carrier is limited to the sum of one million
five hundred thousand francs for the aggregate of the claims, however
founded, in respect of damage suffered as a result of the death or personal
injury of each passenger. 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 one million five hundred thousand francs. (b) In the case of
delay in the carriage of persons the liability of the carrier for each
passenger is limited to sixty-two thousand five hundred francs. (c) In the carriage of baggage
the liability of the carrier in the case of destruction, loss, damage or
delay is limited to fifteen thousand francs for each passenger. 2. (a) In the carriage of
cargo, the liability of the carrier is limited to a sum of two hundred and
fifty francs 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. (b) In the case of
loss, damage or delay of part of the 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 cargo, or of an object contained therein, affects the
value of other packages covered by 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. (a) The courts of the
High Contracting Parties which are not authorized under their law to award
the costs of the action, including lawyers' fees, shall, in actions to which
this Convention applies, have the power to award, in their discretion, to the
claimant the whole or part of the costs of the action, including lawyers'
fees which the court considers reasonable. (b) The costs of the
action including lawyers' fees shall be awarded in accordance with
subparagraph (a) only if the claimant gives a written notice to the carrier
of the amount claimed including the particulars of the calculation of that
amount and the carrier does not make, within a period of six months after his
receipt of such notice, a written offer of settlement in an amount at least
equal to the compensation awarded within the applicable limit. This period
will be extended until the time of commencement of the action if that is
later. (c) The costs of the
action including lawyers' fees shall not be taken into account in applying
the limits under this Article. 4. The sums mentioned
in francs in this Article and Article 42 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 IX Article 24 of the Convention shall be
deleted and replaced by the following: "Article 24 1. In the carriage of
cargo, any action for damages, however founded, can only be brought subject
to the conditions and limits set out in this Convention. 2. In the carriage of
passengers and baggage 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 X Article 25 of the Convention shall be
deleted and replaced by the following: "Article 25 The limit of liability specified in
paragraph 2 of 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 XI In Article 25 A of the Convention -
paragraphs 1 and 3 shall be deleted and replaced by the following: "1.
If an action is brought against a servant or agent of the carrier arising out
of damage to which the 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 this Convention. 3. The provisions of
paragraphs 1 and 2 of this Article shall not apply to the carriage of cargo
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 XII In Article 28 of the Convention - the
present paragraph 2 shall be renumbered as paragraph 3 and a new paragraph 2
shall be inserted as follows: "2.
In respect of damage resulting from the death, injury or delay of a passenger
or the destruction, loss, damage or delay of baggage, the action may be
brought before one of the Courts mentioned in paragraph 1 of this Article, or
in the territory of one of the High Contracting Parties, before the Court
within the jurisdiction of which the carrier has an establishment if the
passenger has his domicile or permanent residence in the territory of the
same High Contracting Party." Article XIII 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 XIV After Article 35 of the Convention, the
following Article shall be inserted:- "Article 35 A No provision contained in this Convention
shall prevent a State from establishing and operating within its territory a
system to supplement the compensation payable to claimants under the
Convention in respect of death, or personal injury, of passengers. Such a
system shall fulfil the following conditions: (a) it shall not in any
circumstances impose upon the carrier, his servants or agents, any liability
in addition to that provided under this Convention; (b) it shall not impose
upon the carrier any financial or administrative burden other than collecting
in that State contributions from passengers if required so to do; (c) it shall not give
rise to any discrimination between carriers with regard to the passengers
concerned and the benefits available to the said passengers under the system
shall be extended to them regardless of the carrier whose services they have
used; (d) if a passenger has
contributed to the system, any person suffering damage as a consequence of
death or personal injury of such passenger shall be entitled to the benefits
of the system." Article XV After Article 41 of the Convention, the
following Article shall be inserted:- "Article 42 1. Without prejudice
to the provisions of Article 41, Conferences of the Parties to the Protocol
done at Guatemala City on the eighth March 1971 shall be convened during the
fifth and tenth years respectively after the date of entry into force of the
said Protocol for the purpose of reviewing the limit established in Article
22, paragraph 1 (a) of the Convention as amended by that Protocol. 2. At each of the
Conferences mentioned in paragraph 1 of this Article the limit of liability
in Article 22, paragraph 1 (a) in force at the respective dates of these
Conferences shall not be increased by an amount exceeding one hundred and
eighty-seven thousand five hundred francs. 3. Subject to
paragraph 2 of this Article, unless before the thirty- first December of the
fifth and tenth years after the date of entry into force of the Protocol
referred to in paragraph 1 of this Article the aforesaid Conferences decide
otherwise by a two-thirds majority vote of the Parties present and voting,
the limit of liability in Article 22, paragraph 1 (a) in force at the
respective dates of these Conferences shall on those dates be increased by
one hundred and eighty-seven thousand five hundred francs. 4. The applicable limit
shall be that which, in accordance with the preceding paragraphs, is in
effect on the date of the event which caused the death or personal injury of
the passenger." Chapter II - Scope of Application of the Convention As
Amended Article XVI 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 XVII 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 at Guatemala City,
1971. Article XVIII Until the date on which this Protocol enters
into force in accordance with the provisions of Article XX, it shall remain
open for signature by all States Members of the United Nations or of any of
the Specialized Agencies or of the International Atomic Energy Agency or
Parties to the Statute of the International Court of Justice, and by any
other State invited by the General Assembly of the United Nations to become a
Party to this Protocol. Article XIX 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 at Guatemala City, 1971. 3. The instruments of
ratification shall be deposited with the International Civil Aviation
Organization. Article XX 1. This Protocol shall
enter into force on the ninetieth day after the deposit of the thirtieth
instrument of ratification on the condition, however, that the total
international scheduled air traffic, expressed in passenger- kilometers, according to the statistics for the year 1970
published by the International Civil Aviation Organization, of the airlines
of five States which have ratified this Protocol, represents at least 40 % of
the total international scheduled air traffic of the airlines of the member
States of the International Civil Aviation Organization in that year. If, at
the time of deposit of the thirtieth instrument of ratification, this
condition has not been fulfilled, the Protocol shall not come into force
until the ninetieth day after this condition shall have been satisfied. This
Protocol shall come into force for each State ratifying after the deposit of
the last instrument of ratification necessary for entry into force of this
Protocol 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 International Civil Aviation Organization. Article XXI 1. After the entry into
force of this Protocol it shall be open for accession by any State referred
to in Article XVIII. 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 at Guatemala City, 1971. 3. Accession shall be
effected by the deposit of an instrument of accession with the International
Civil Aviation Organization and shall take effect on the ninetieth day after
the deposit. Article XXII 1. Any Party to this
Protocol may denounce the Protocol by notification addressed to the
International Civil Aviation Organization. 2. Denunciation shall
take effect six months after the date of receipt by the International Civil
Aviation Organization 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 at
Guatemala City, 1971. Article XXIII 1. Only the following
reservations may be made to this Protocol:- (a) a State whose
courts are not authorized under its law to award the costs of the action
including lawyers' fees may at any time by a notification addressed to the
International Civil Aviation Organization declare that Article 22, paragraph
3 (a) shall not apply to its courts; and (b) a State may at any
time declare by a notification addressed to the International Civil Aviation
Organization that the Warsaw Convention as amended at The Hague 1955, and at
Guatemala City, 1971 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. 2. Any State having
made a reservation in accordance with the preceding paragraph may at any time
withdraw such reservation by notification to the International Civil Aviation
Organization. Article XXIV The International Civil Aviation Organization
shall promptly inform all signatory or acceding States of the date of each
signature, the date of deposit of each instrument of ratification or
accession, the date of entry into force of this Protocol, and other relevant
information. Article XXV 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 at
Guatemala City, 1971, 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 XXVI This Protocol shall remain open, until 30 September
1971, for signature by any State referred to in Article XVIII, at the
Ministry of External Relations of the Republic of Guatemala and thereafter,
until it enters into force in accordance with Article XX, at the
International Civil Aviation Organization. The Government of the Republic of
Guatemala shall promptly inform the International Civil Aviation Organization
of any signature and the date thereof during the time that the Protocol shall
be open for signature in Guatemala. In Witness Whereof the undersigned
Plenipotentiaries, having been duly authorized, have signed this Protocol. Done at Guatemala City
on the eighth day of the month of March of the year One Thousand Nine Hundred
and Seventy-one in three authentic texts in the English, French and Spanish
languages. The International Civil Aviation Organization shall establish an
authentic text of this Protocol in the Russian language.* In the case of any
inconsistency, the text in the French language, in which language the Warsaw
Convention of 12 October 1929 was drawn up, shall prevail. End |
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Montreal
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