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Schedule 3

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THIRD SCHEDULE

Section 2

THE WARSAW CONVENTION WITH THE AMENDMENTS MADE TO IT

BY THE HAGUE PROTOCOL AND THE MONTREAL PROTOCOL NO. 4

(Words in square brackets in the text are words substituted for or added to the

Warsaw Convention, as amended by the Hague Protocol, by Chapter I of the

Montreal Protocol No. 4)

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING

TO INTERNATIONAL CARRIAGE BY AIR

CHAPTER I

SCOPE — DEFINITIONS

Article 1

(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.

(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.

(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 2

(1)

This 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.

[(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.]

CHAPTER II

DOCUMENTS OF CARRIAGE

SECTION 1 — PASSENGER TICKET

Article 3

(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.

(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 (1)(c) of this Article, the carrier shall not be entitled to

avail himself of the provisions of Article 22.

SECTION 2 — BAGGAGE CHECK

Article 4

(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.

(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, nonetheless, 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).

[SECTION 3 — 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, nonetheless, 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 to

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.]

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

(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 packaging 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 19

The carrier is liable for damage occasioned by delay in the carriage by air of

passengers, baggage or cargo.

[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 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 22

(1)

In the carriage of persons the liability of the carrier for each passenger is

limited to the sum of 250,000 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

250,000 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, the liability of the carrier is limited

to a sum of 250 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 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)] 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 5,000 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

6 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 651/2 milligrammes of gold of millesimal

fineness 900. 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.

[(6) The sums mentioned in the 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 900. 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 23

(1)

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.

(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 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 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 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, 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) 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 26

(1)

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.

(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 has been placed at his disposal.

(3)

Every complaint must be made in writing upon the document of carriage or

by separate notice in writing despatched within the times aforesaid.

(4)

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

(1)

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.

(2)

Questions of procedure shall be governed by the law of the court seised of

the case.

Article 29

(1)

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.

(2)

The method of calculating the period of limitation shall be determined by

the law of the court seised of the case.

Article 30

(1)

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.

(2)

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.

(3)

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, damage or delay took place. These carriers will be jointly and

severally liable to the passenger or to the consignor or consignee.

[Article 30A

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.]

CHAPTER IV

PROVISIONS RELATING TO COMBINED CARRIAGE

Article 31

(1)

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.

(2)

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 jurisdiction referred to in the

first paragraph of Article 28.

[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 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.]

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

(1)

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.

(2)

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.

(3)

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

(1)

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

(1)

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.

(3)

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 40A

(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.

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 paragraph (1) 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.

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