PROTOCOL
TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES
RELATING TO INTERNATIONAL CARRIAGE BY AIR - SIGNED AT WARSAW ON OCTOBER 12
1929,
Done at The Hague On September 28, 1955
Chapter 1.
Article 1. 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 transshipment, are
situated either within the territories of two Contracting Parties or within the
territory of a single Contracting Party if there is an agreed stopping place
within the territory of another State, even if that State is not a Contracting
Party. Carriage between two points within the territory of a single 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:
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Article 2.
Article 2 of the
Convention shall be deleted and replaced by the following:
“2. This Convention
shall not apply to carriage of mail and postal packages.”
Chapter 2.
a) In Article 3 of the
Convention, paragraph 1 shall
be deleted and replaced by the following:
“1. In respect of the
carriage of passengers a ticket shall contain:
● an indication of the places of departure and destination.
● if the places of departure and destination are within the
territory of a single Contracting Party, one or more agreed stopping places
being within the territory of another State, an indication of at least one such
stopping place.
● 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.”
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“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, nonetheless,
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
1c of this Article, the carrier shall not be entitled to avail himself of the
provisions of Article 22.”
Article 5. In Article 6 of the Convention, paragraph 3 shall be deleted
and replaced by: “The carrier shall sign prior to the loading of the cargo on
board the aircraft.”
Article 6. 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 Contracting Party, 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 7.
Article 9 of
the Convention shall be deleted and replaced by the following:
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Article 8.
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 statements furnished by
the consignor.”
Article 9.
The following
paragraph shall be added to Article 15 of the
Convention:
“3. Nothing in this
Convention prevents the issue of a negotiable air waybill.”
Article 11.
Article 22 of
the Convention shall be deleted and replaced by the following:
“Article 22
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2.a) In the carriage
of registered baggage and of cargo, the liability of the carrier is limited to
a sum of 250 Fr/1kg, unless the passenger or consignor has made 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
3. Regarding
objects of which the passenger takes charge himself, the liability of the
carrier is limited to 5,000 Fr 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.
The sums mentioned in
this Article refer to a currency unit consisting of 65 mg of 900/1000 gold.
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 12.
Article 23 of
the Convention shall be renumbered as 1 and
another paragraph shall be added as follows:
“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.”
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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 14.
After Article 25 of the Convention, another Article shall be added as follows: Article 25A:
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 shall be entitled to avail himself of the limits of liability which that
carrier himself is entitled to invoke.
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 15.
In Article 26
of the Convention, paragraph 2 shall be deleted and replaced by the following:
“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 7 days from the
date of receipt in the case of baggage and 14 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 2 days from the date on which the baggage or cargo have been
placed at his disposal.”
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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 17.
After Article 40 of the
Convention, another Article shall be added as follows.
“Article 40A
1. In Article 37, paragraph 2 and Article 40, paragraph 1, the
expression “Contracting Party” shall mean State. In all other cases, the
expression shall mean a State whose ratification of or adherence to the
Convention has become effective and whose denunciation thereof has not become
effective.
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.”