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(The Hague Protocol to
the Warsaw Convention 1955) |
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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 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. End |
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