SECOND SCHEDULE
Section 2
THE UNAMENDED WARSAW CONVENTION
Warsaw Convention
“Warsaw Convention” means the original Convention for the unification of certain rules relating to international carriage by air opened for signature at Warsaw on 12 October 1929, the text of which is set out in the Second Schedule;
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING
TO INTERNATIONAL CARRIAGE BY AIR
CHAPTER I
SCOPE — DEFINITIONS
Article 1
This Convention applies to all international carriage of persons, baggage or
cargo performed by aircraft for reward. It applies equally to gratuitous carriage
by aircraft performed by an air transport undertaking.
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 a territory subject to the
sovereignty, suzerainty, mandate or authority of another Power, even though that
Power is not a party to this Convention. A carriage without such an agreed
stopping place between territories subject to the sovereignty, suzerainty, mandate
or authority of the same High Contracting Party is not deemed to be international
for the purposes of this Convention.
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 a territory subject to the sovereignty, suzerainty,
mandate or authority of the same High Contracting Party.
Article 2
The Convention applies to carriage performed by the State or by legally
constituted public bodies provided it falls within the conditions laid down in
Article 1.
This Convention does not apply to carriage performed under the terms of
any international postal Convention.
CHAPTER II
DOCUMENTS OF CARRIAGE
SECTION 1 — PASSENGER TICKET
Article 3
For the carriage of passengers the carrier must deliver a passenger ticket
which shall contain the following particulars:
the place and date of issue;
the place of departure and of destination;
the agreed stopping places, provided that the carrier may reserve the
right to alter the stopping places in case of necessity, and that if he
exercises that right, the alteration shall not have the effect of
depriving the carriage of its international character;
the name and address of the carrier or carriers;
a statement that the carriage is subject to the rules relating to liability
established by this Convention.
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 the carrier accepts a
passenger without a passenger ticket having been delivered he shall not be
entitled to avail himself of those provisions of this Convention which exclude or
limit his liability.
SECTION 2 — BAGGAGE CHECK
Article 4
For the carriage of baggage, other than small personal objects of which the
passenger takes charge himself, the carrier must deliver a baggage check.
The baggage check shall be made out in duplicate, one part for the passenger
and the other part for the carrier.
The baggage check shall contain the following particulars:
the place and date of issue;
the place of departure and of destination;
the name and address of the carrier or carriers;
the number of the passenger ticket;
a statement that delivery of the baggage will be made to the bearer of
the baggage check;
the number and weight of the packages;
the amount of the value declared in accordance with Article 22(2);
a statement that the carriage is subject to the rules relating to liability
established by this Convention.
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 accepts
baggage without a baggage check having been delivered, or if the baggage check
does not contain the particulars set out at (d), (f) and (h) above, the carrier shall
not be entitled to avail himself of those provisions of the Convention which
exclude or limit his liability.
SECTION 3 — AIR WAYBILL
Article 5
Every carrier of cargo has the right to require the consignor to make out and
hand over to him a document called an “air waybill”; every consignor has the
right to require the carrier to accept this document.
(2)
The absence, irregularity or loss of this document does not affect the
existence or the validity of the contract of carriage which shall, subject to the
provisions of Article 9, be none the less governed by the rules of this Convention.
Article 6
The air waybill shall be made out by the consignor in three original parts and
be handed over with the cargo.
The first part shall be marked “for the carrier”, and 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 and shall accompany the cargo. The third part
shall be signed by the carrier and handed by him to the consignor after the cargo
has been accepted.
The carrier shall sign on acceptance of the cargo.
The signature of the carrier may be stamped; that of the consignor may be
printed or stamped.
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
The carrier of cargo has the right to require the consignor to make out separate
air waybills when there is more than one package.
Article 8
The air waybill shall contain the following particulars:
the place and date of its execution;
the place of departure and of destination;
the agreed stopping places, provided that the carrier may reserve the
right to alter the stopping places in case of necessity, and that if he
exercises that right the alteration shall not have the effect of
depriving the carriage of its international character;
the name and address of the consignor;
the name and address of the first carrier;
the name and address of the consignee, if the case so requires;
the nature of the cargo;
the number of the packages, the method of packing and the particular
marks or numbers upon them;
the weight, the quantity and the volume or dimensions of the cargo;
the apparent condition of the cargo and of the packing;
the freight, if it has been agreed upon, the date and place of payment,
and the person who is to pay it;
if the cargo is sent for payment on delivery, the price of the cargo,
and, if the case so requires, the amount of the expenses incurred;
the amount of the value declared in accordance with Article 22(2);
the number of parts of the air waybill;
the documents handed to the carrier to accompany the air waybill;
the time fixed for the completion of the carriage and a brief note of
the route to be followed, if these matters have been agreed upon;
a statement that the carriage is subject to the rules relating to liability
established by this Convention.
Article 9
If the carrier accepts cargo without an air waybill having been made out, or if the
air waybill does not contain all the particulars set out in Article 8(a) to (i)
inclusive and (q), the carrier shall not be entitled to avail himself of the
provisions of this Convention which exclude or limit his liability.
Article 10
The consignor is responsible for the correctness of the particulars and
statements relating to the cargo which he inserts in the air waybill.
The consignor will be liable for all damage suffered by the carrier or any
other person by reason of the irregularity, incorrectness or incompleteness of the
said particulars and statements.
Article 11
The air waybill is prima facie evidence of the conclusion of the contract, of
the receipt of the cargo and of the conditions of carriage.
The statements in the air waybill 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
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 aerodrome 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
named in the air waybill, or by requiring it to be returned to the aerodrome 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.
If it is impossible to carry out the orders of the consignor the carrier must so
inform him forthwith.
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 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.
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 air waybill or the cargo, or if he cannot be communicated
with, the consignor resumes his right of disposition.
Article 13
Except in the circumstances set out in the preceding Article, the consignee is
entitled, on arrival of the cargo at the place of destination, to require the carrier to
hand over to him the air waybill and to deliver the cargo to him, on payment of
the charges due and on complying with the conditions of carriage set out in the
air waybill.
Unless it is otherwise agreed, it is the duty of the carrier to give notice to the
consignee as soon as the cargo arrives.
If the carrier admits the loss of the cargo, or if the cargo has not arrived at the
expiration of 7 days after the date on which it ought to have arrived, the
consignee is entitled to put into force 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.
Article 15
Articles 12, 13 and 14 do not affect either the relations of the consignor or
the consignee with each other or the mutual relations of third parties whose rights
are derived either from the consignor or from the consignee.
The provisions of Articles 12, 13 and 14 can only be varied by express
provision in the air waybill.
Article 16
The consignor must furnish such information and attach to the air waybill
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 or his servants or agents.
(2)
The carrier is under no obligation to inquire into the correctness or
sufficiency of such information or documents.
CHAPTER III
LIABILITY OF THE CARRIER
Article 17
The carrier is liable for damage sustained in the event of the death or wounding
of a passenger or any other bodily injury suffered by a passenger, if the accident
which caused the damage so sustained took place on board the aircraft or in the
course of any of the operations of embarking or disembarking.
Article 18
The carrier is liable for damage sustained in the event of the destruction or
loss of, or of damage to, any registered baggage or 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 baggage or cargo is in charge of the
carrier, whether in an aerodrome or on board an aircraft, or, in the case of a
landing outside an aerodrome, in any place whatsoever.
The period of the carriage by air does not extend to any carriage by land, by
sea or by river performed outside an aerodrome. If, however, such a 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 19
The carrier is liable for damage occasioned by delay in the carriage by air of
passengers, baggage or cargo.
Article 20
The carrier is not 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
him or them to take such measures.
In the carriage of cargo and baggage the carrier is not liable if he proves that
the damage was occasioned by negligent pilotage or negligence in the handling
of the aircraft or in navigation and that, in all other respects, he and his agents
have taken all necessary measures to avoid the damage.
Article 21
If the carrier proves that the damage was caused by or contributed to by the
negligence of the injured person the court may, in accordance with the provisions
court
“court”, in an arbitration allowed by the Warsaw Convention, the Warsaw (Hague) Convention or the Warsaw (Hague) (Montreal) Convention, includes an arbitrator;
of its own law, exonerate the carrier wholly or partly from his liability.
Article 22
In the carriage of passengers the liability of the carrier for each passenger is
limited to the sum of 125,000 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
125,000 francs. Nevertheless, by special contract, the carrier and the passenger
may agree to a higher limit of liability.
In the carriage of registered baggage and of cargo, the liability of the carrier
is limited to a sum of 250 francs per kilogram, unless the consignor has made, at
the time when the package was handed over to the carrier, a special declaration of
the value at delivery 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 actual value, to the consignor at
delivery.
As regards objects of which the passenger takes charge himself the liability
of the carrier is limited to 5,000 francs per passenger.
The sums mentioned above shall be deemed to refer to the French franc
consisting of 651/2 milligrams gold of millesimal fineness 900. These sums may
be converted into any national currency in round figures.
Article 23
Any provision tending to relieve the carrier of liability or to fix a lower limit
than that which is laid down in this Convention shall be null and void, but the
nullity of any such provision does not involve the nullity of the whole contract,
which shall remain subject to the provisions of this Convention.
Article 24
In the cases covered by Articles 18 and 19 any action for damages, however
founded, can only be brought subject to the conditions and limits set out in this
Convention.
In the cases covered by Article 17 the provisions of the preceding paragraph
also apply, without prejudice to the questions as to who are the persons who have
the right to bring suit and what are their respective rights.
Article 25
The carrier shall not be entitled to avail himself of the provisions of this
Convention which exclude or limit his liability, if the damage is caused by his
wilful misconduct or by such default on his part as, in accordance with the law of
the court seised of the case, is considered to be equivalent to wilful misconduct.
(2)
Similarly the carrier shall not be entitled to avail himself of the said
provisions, if the damage is caused as aforesaid by any servant or agent of the
carrier acting within the scope of his employment.
Article 26
Receipt by the person entitled to delivery of baggage or cargo without
complaint is prima facie evidence that the same has been delivered in good
condition and in accordance with the document of carriage.
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 three
days from the date of receipt in the case of baggage and seven 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 fourteen days from the date on which the baggage or cargo has
been placed at his disposal.
Every complaint must be made in writing upon the document of carriage or
by separate notice in writing despatched within the times aforesaid.
Failing complaint within the times aforesaid, no action shall lie against the
carrier, save in the case of fraud on his part.
Article 27
In the case of the death of the person liable, an action for damages lies in
accordance with the terms of this Convention against those legally representing
his estate.
Article 28
An action for damages must be brought, at the option of the plaintiff, in the
territory of one of the High Contracting Parties, either before the court having
jurisdiction where the carrier is ordinarily resident, or has his principal place of
business, or has an establishment by which the contract has been made or before
the court having jurisdiction at the place of destination.
Questions of procedure shall be governed by the law of the court seised of
the case.
Article 29
The right to damages shall be extinguished if an action is not brought within
two years, reckoned from the date of arrival at the destination, or from the date on
which the aircraft ought to have arrived, or from the date on which the carriage
stopped.
The method of calculating the period of limitation shall be determined by
the law of the court seised of the case.
Article 30
In the case of carriage to be performed by various successive carriers and
falling within the definition set out in the third paragraph of Article 1, each
carrier who accepts passengers, baggage or cargo is subjected to the rules set out
in this Convention, and is deemed to be one of the contracting parties to the
contract of carriage in so far as the contract deals with that part of the carriage
which is performed under his supervision.
In the case of carriage of this nature, the passenger or his representative can
take action only against the carrier who performed the carriage during which the
accident or the delay occurred, save in the case where, by express agreement, the
first carrier has assumed liability for the whole journey.
As regards baggage or cargo, the passenger or consignor will have a right of
action against the first carrier, and the passenger or consignee who is entitled to
delivery will have a right of action against the last carrier, and further, each may
take action against the carrier who performed the carriage during which the
destruction, loss, or damage or delay took place. These carriers will be jointly
and severally liable to the passenger or to the consignor or consignee.
CHAPTER IV
PROVISIONS RELATING TO COMBINED CARRIAGE
Article 31
In the case of combined carriage performed partly by air and partly by any
other mode of carriage, the provisions of this Convention apply only to the
carriage by air, provided that the carriage by air falls within the terms of
Article 1.
Nothing in this Convention shall prevent the parties in the case of combined
carriage from inserting in the document of air carriage conditions relating to
other modes of carriage, provided that the provisions of this Convention are
observed as regards the carriage by air.
CHAPTER V
GENERAL AND FINAL PROVISIONS
Article 32
Any clause contained in the contract and all special agreements entered into
before the damage occurred by which the parties purport to infringe the rules laid
down by this Convention, whether by deciding the law to be applied, or by
altering the rules as to jurisdiction, shall be null and void. Nevertheless for the
carriage of cargo arbitration clauses are allowed, subject to this Convention, if
the arbitration is to take place within one of the jurisdictions referred to in the
first paragraph of Article 28.
Article 33
Nothing contained 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 34
This Convention does not apply to international carriage by air performed by
way of experimental trial by air navigation undertakings with the view to the
establishment of a regular line of air navigation, nor does it apply to carriage
performed in extraordinary circumstances outside the normal scope of an air
carrier’s business.
Article 35
The expression “days” when used in this Convention means current days not
working days.
Article 36
The Convention is drawn up in French in a single copy which shall remain
deposited in the archives of the Ministry for Foreign Affairs of Poland and of
which one duly certified copy shall be sent by the Polish Government to the
Government of each of the High Contracting Parties.
Article 37
This Convention shall be ratified. The instruments of ratification shall be
deposited in the archives of the Ministry for Foreign Affairs of Poland, which
will notify the deposit to the Government of each of the High Contracting
Parties.
As soon as this Convention shall have been ratified by five of the High
Contracting Parties it shall come into force as between them on the ninetieth day
after the deposit of the fifth ratification. Thereafter it shall come into force
between the High Contracting Parties who shall have ratified and the High
Contracting Party who deposits his instrument of ratification on the ninetieth day
after the deposit.
It shall be the duty of the Government of the Republic of Poland to notify to
the Government of each of the High Contracting Parties the date on which this
Convention comes into force as well as the date of the deposit of each
ratification.
Article 38
(1)
This Convention shall, after it has come into force, remain open for
accession by any State.
(2)
The accession shall be effected by a notification addressed to the
Government of the Republic of Poland, which will inform the Government of
each of the High Contracting Parties thereof.
(3)
The accession shall take effect as from the ninetieth day after the
notification made to the Government of the Republic of Poland.
Article 39
Any one of the High Contracting Parties may denounce this Convention by
a notification addressed to the Government of the Republic of Poland, which will
at once inform the Government of each of the High Contracting Parties.
(2)
Denunciation shall take effect six months after the notification of
denunciation, and shall operate only as regards the Party who shall have
proceeded to denunciation.
Article 40
Any High Contracting Party may, at the time of signature or of deposit of
ratification or of accession declare that the acceptance which he gives to this
Convention does not apply to all or any of his colonies, protectorates, territories
under mandate, or any other territory subject to his sovereignty or his authority,
or any territory under his suzerainty.
(2)
Accordingly any High Contracting Party may subsequently accede
separately in the name of all or any of his colonies, protectorates, territories
under mandate or any other territory subject to his sovereignty or to his authority
or any territory under his suzerainty which has been thus excluded by his original
declaration.
Any High Contracting Party may denounce this Convention, in accordance
with its provisions, separately or for all or any of his colonies, protectorates,
territories under mandate or any other territory subject to his sovereignty or to his
authority, or any other territory under his suzerainty.
Article 41
Any High Contracting Party shall be entitled not earlier than two years after the
coming into force of this Convention to call for the assembling of a new
international Conference in order to consider any improvements which may be
made in this Convention. To this end he will communicate with the Government
of the French Republic which will take the necessary measures to make
preparations for such Conference.
This Convention done at Warsaw on the 12th October 1929, shall remain open
for signature until the 31st January 1930.
ADDITIONAL PROTOCOL
(With reference to Article 2)
The High Contracting Parties reserve to themselves the right to declare at the
time of ratification or of accession that the first paragraph of Article 2 of this
Convention shall not apply to international carriage by air performed directly by
the State, its colonies, protectorates or mandated territories or by any other
territory under its sovereignty, suzerainty or authority.