Warsaw Convention

(

• 1)

  This Convention applies to all international carriage of persons, baggage or goods performed for remuneration by aircraft. It likewise applies to gratuitous carriage by aircraft performed by an air transport enterprise. (

• 2)

  For the purposes of this Convention, the term "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 High Contracting Parties or within the territory of a single High Contracting Party, if there is an agreed stopping place within the territory subject to the sovereignty, jurisdiction, mandate or authority of any other Power, even if that Power is not a Party to this Convention. Carriage without such an agreed stopping place between territories under the sovereignty, jurisdiction, mandate or authority of the same High Contracting Party shall not be deemed to be international carriage for the purposes of this Convention. (

• 3)

  Carriage to be performed by several successive air carriers shall, for the purposes of this Convention, be deemed to be a single carriage when it has been regarded by the parties as a single operation, whether it has been contracted as a single contract or as a series of contracts, and it shall not lose its international character by reason of the fact that one or more contracts or a series of contracts are to be performed entirely within the territory subject to the sovereignty, jurisdiction, mandate or authority of the same High Contracting Party.

(1) This Convention shall apply to carriage performed by the State or other public law entities, under the conditions set forth in Article 1. (2) The application of this Convention does not extend to carriage performed in accordance with the provisions of international postal conventions.

(1) In the carriage of passengers, the carrier shall be obliged to deliver a passenger ticket containing the following particulars:

• a)

  Place and date of issue.

• b)

  Points of departure and destination.

• c)

  The agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, without thereby losing the right to carry the passenger as an international carriage.

• d)

  The name and address of the carrier or carriers.

• e)

  A statement that the carriage is subject to the liability regime established by this Convention. (2) The absence, irregularity, or loss of the passenger ticket shall not affect the existence or validity of the contract of carriage, which shall nevertheless remain subject to the rules of this Convention. However, if the carrier accepts a passenger without having delivered a passenger ticket, the carrier shall not be entitled to avail itself of the provisions of this Convention which exclude or limit its liability.

(1) In the carriage of baggage other than small personal objects of which the passenger retains custody, the carrier shall be obliged to deliver a baggage tag. (2) The baggage tag shall consist of two parts, one for the passenger and one for the carrier. (3) It shall contain the following particulars:

• a)

  Place and date of issue.

• b)

  Points of departure and destination.

• c)

  Name and address of the carrier or carriers.

• d)

  Number of the passenger ticket.

• e)

  A statement that delivery of the baggage shall be made to the bearer of the baggage tag.

• f)

  Number and weight of the packages.

• g)

  The amount of the declared value in accordance with Article 22, paragraph 2.

• h)

  A statement that the carriage is subject to the liability regime established by this Convention. (4) The absence, irregularity, or loss of the baggage tag shall not affect the existence or validity of the contract of carriage, which shall nevertheless remain subject to the rules of this Convention. However, if the carrier accepts the baggage without delivering a baggage tag or if the baggage tag does not contain the particulars mentioned in items d), f), and h), the carrier shall not be entitled to avail itself of the provisions of this Convention which exclude or limit its liability.

(1) Every carrier of goods shall be entitled to require the shipper to make out and hand over to it a document called an "air waybill"; every shipper shall be entitled to require the carrier to accept such document. (2) However, the absence, irregularity, or loss of such document shall not affect the existence or the validity of the contract of carriage, which shall nevertheless remain subject to the rules of this Convention, except as provided in Article 9.

(

• 1)

  The air waybill shall be drawn up by the shipper in three original copies and handed over with the goods. (

• 2)

  The first copy shall be marked "for the carrier"; it shall be signed by the shipper. The second copy shall be marked "for the consignee"; it shall be signed by the shipper and the carrier and shall accompany the goods. The third copy shall be signed by the carrier and remitted by it to the shipper after the goods have been accepted. (

• 3)

  The signature of the carrier shall be affixed at the moment of acceptance of the goods. (

• 4)

  The signature of the carrier may be replaced by a stamp; that of the shipper may be printed or replaced by a stamp. (

• 5)

  If, at the request of the shipper, the carrier draws up the air waybill, it shall be deemed, unless the contrary is proved, to be acting on behalf of the shipper.

The carrier of goods shall be entitled to require the shipper to make out separate air waybills when there are several packages.

The air waybill shall contain the following particulars:

• a)

  The place where the document is drawn up and the date of its execution.

• b)

  The points of departure and destination.

• c)

  The agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity and without thereby losing the right to carry the goods as international carriage.

• d)

  The name and address of the shipper.

• e)

  The name and address of the first carrier.

• f)

  The name and address of the consignee, if any.

• g)

  The nature of the goods.

• h)

  The number, kind of packages, marks and numbers, if any.

• i)

  The weight, quantity, volume or dimensions of the goods.

• j)

  The apparent condition of the goods and the packaging.

• k)

  The freight charges, and if so stipulated, the date and place of payment and the person who is to pay them.

• l)

  If the goods are sent on a collect basis, the selling price of the goods and, if applicable, the amount of the expenses.

• m)

  The amount of the declared value in accordance with Article 22, paragraph 2.

• n)

  The number of copies of the air waybill. o) The documents handed over to the carrier which accompany the air waybill. p) The time allowed for carriage and a brief indication of the agreed route, if these have been stipulated. q) A statement that the carriage is subject to the liability regime set forth in this Convention.

If the carrier accepts goods without an air waybill having been handed over to it, or if the air waybill does not contain all the particulars set out in Article 8, items a) to i) inclusive and q), the carrier shall not be entitled to avail itself of the provisions of this Convention which exclude or limit its liability.

(1) The shipper is responsible for the accuracy of the particulars and statements relating to the goods which he enters in the air waybill. (2) The shipper shall bear all damage suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the shipper.

(1) The air waybill is prima facie evidence of the conclusion of the contract, the receipt of the goods and the conditions of carriage mentioned therein. (2) The statements in the air waybill relating to the weight, dimensions and packaging of the goods, as well as the number of packages, are prima facie evidence of the facts stated; the statements relating to the quantity, volume and condition of the goods do not constitute evidence against the carrier except insofar as they have been checked by the carrier in the presence of the shipper and noted in the air waybill, or insofar as they relate to the apparent condition of the goods.

(

• 1)

  The shipper shall have the right, on condition of complying with all the obligations arising out of the contract of carriage, to dispose of the goods by withdrawing them at the airport of departure or destination, by stopping them in the course of transit, or by requesting them to be delivered at a place other than the airport of destination or to a person other than the consignee indicated in the air waybill, or by requesting them to be returned to the airport of departure, provided that the exercise of such right shall not prejudice the carrier or other shippers, and that the shipper shall reimburse the carrier for all expenses occasioned by such orders. (

• 2)

  If it is impossible to carry out the orders of the shipper, the carrier shall inform him immediately. (

• 3)

  If the carrier complies with the orders of the shipper as to the disposal of the goods without requiring the production of the copy of the air waybill handed to the shipper, the carrier shall be liable, without prejudice to its right of recovery against the shipper, for any damage which may be caused by such failure to any person who is lawfully in possession of that copy. (

• 4)

  The right of the shipper shall cease at the moment when that of the consignee begins in accordance with Article 13. However, if the consignee rejects the air waybill or the goods, the shipper's right of disposal shall revive.

(

• 1)

  Except in the cases provided for in the preceding Article, the consignee shall be entitled, on the arrival of the goods at the place of destination, to require the carrier to deliver the air waybill to him and to deliver the goods to him on payment of the charges and on compliance with the conditions of carriage contained in the air waybill. (

• 2)

  Unless otherwise agreed, the carrier shall notify the consignee of the arrival of the goods. (

• 3)

  If the goods are not delivered within seven days after the day on which they should have arrived, or if the carrier acknowledges the loss of the goods, the consignee shall be entitled to enforce against the carrier all the rights flowing from the contract of carriage.

The shipper and the consignee shall each be entitled to enforce all the rights given to them respectively by Articles 12 and 13, each in its own name, whether the right is exercised in its own interest or in the interest of another, provided that it complies with the terms of the contract.

(1) Articles 12, 13 and 14 shall not in any way affect the relations between the shipper and the consignee, or the relations of either of them with third parties, whose rights may be derived from the carrier or from the consignee. (2) Any clause which would derogate from the provisions of Articles 12, 13 and 14 shall be null and void, but the nullity of any such clause shall not affect the validity of the remainder of the air waybill which shall continue to be subject to the provisions of the said Articles.

(1) The shipper is obligated to provide information and to attach to the air waybill the documents that, prior to delivery of the goods to the consignee, are necessary for compliance with Customs, Tax, or Police formalities. The shipper is responsible to the carrier for all damage that could result from the lack, insufficiency, or irregularity of such information and documents, except in cases where the lack is attributable to the carrier or its agents. (2) The carrier is not obligated to examine whether such information and documents are accurate or sufficient.

The carrier is responsible for damage caused in the event of death, injury, or any other bodily harm suffered by any passenger, when the accident that caused the damage has occurred on board the aircraft or in the course of all embarkation and disembarkation operations.

(

• 1)

  The carrier is responsible for damage caused in the event of destruction, loss, or damage to checked baggage or goods, when the fact that caused the damage occurs during air transport. (

• 2)

  Air transport, in accordance with the meaning of the preceding paragraph, shall include the period during which baggage or goods are in the custody of the carrier, whether at an aerodrome or on board an aircraft or at any place in case of landing outside an aerodrome. (

• 3)

  The period of air transport does not include any land, maritime, or river transport carried out outside an aerodrome. However, when such transport is carried out in execution of an air transport contract for purposes of loading, delivery, or transshipment, all damage shall be presumed, absent proof to the contrary, to result from a fact occurring during air transport.

The carrier is responsible for damage caused by delays in the air transport of passengers, goods, or baggage.

(1) The carrier shall not be responsible if it proves that it and its agents have taken all necessary measures to avoid the damage or that it was impossible for them to take such measures. (2) In the transport of goods and baggage, the carrier shall not be responsible if it proves that the damage results from lack of piloting, operation of the aircraft, or navigation, and that in all other respects, it and its agents have taken all necessary measures to avoid the damage.

(1) In the event that the carrier proves that the injured person has caused the damage or has contributed to it, the Court may, in accordance with the provisions of its own law, disregard or mitigate the carrier's responsibility.

(

• 1)

  In the transport of persons, the carrier's responsibility, with respect to each passenger, shall be limited to the sum of one hundred twenty-five thousand francs. In the event that, in accordance with the law of the Court dealing with the matter, indemnification could be fixed in the form of an annuity, the capital of the annuity may not exceed this limit. However, by special agreement with the carrier, the passenger may fix a higher limit of responsibility. (

• 2)

  In the carriage of checked baggage and goods, the carrier's responsibility shall be limited to the sum of two hundred fifty francs per kilogram, except for a special declaration of interest in the shipment made by the shipper at the time of delivery of the goods to the carrier and upon payment of an eventual supplementary fee. In this case, the carrier shall be obligated to pay up to the amount of the declared sum, unless it proves that it exceeds the actual interest of the shipper in the delivery. (

• 3)

  With respect to objects whose custody is retained by the passenger, the carrier's responsibility shall be limited to five thousand francs per passenger. (

• 4)

  The above-mentioned sums shall be considered as referring to the French franc made up of sixty-five and one-half milligrams of gold with a fineness of nine hundred thousandths. It may be converted into any national currency in round figures.

Any clause tending to exempt the carrier from its responsibility or to establish a limit lower than that fixed in the present Convention shall be null and void, but the nullity of such clause does not imply the nullity of the contract, which shall remain subject to the provisions of the present Convention.

(1) In the cases provided for in Articles 18 and 19, any action for liability may not be exercised, whatever its character, except under the conditions and limits established in the present Convention. (2) In the cases provided for in Article 17, the provisions of the preceding paragraph shall likewise apply, without prejudice to the determination of the persons who have the right to proceed and their respective rights.

(1) The carrier shall not be entitled to avail itself of the provisions of the present Convention that exclude or limit its responsibility if the damage results from its willful misconduct or from faults that, in accordance with the law of the Court dealing with the matter, are considered as equivalent to willful misconduct. (2) This right shall likewise be refused to it if the damage has been caused under the same conditions by one of its agents acting in the exercise of its functions.

(

• 1)

  The receipt of baggage and goods without protest by the consignee shall constitute a presumption, absent proof to the contrary, that the goods have been delivered in good condition and in conformity with the transport contract. (

• 2)

  In case of damage, the consignee shall lodge a protest with the carrier immediately after discovering the damage and, at the latest, within a period of three days for baggage and seven days for goods, from the date of receipt. In case of delay, the protest shall be made at the latest within fourteen days, from the date on which the baggage or goods were placed at its disposal. (

• 3)

  Any protest shall be made by reservation recorded in the transport document or by other written notice issued within the period prescribed for such protest. (

• 4)

  In the absence of protest within the established periods, all actions against the carrier shall be inadmissible, except in the event of fraud by the carrier.

In the event of death of the debtor, the action for liability, within the limits provided for by the present Convention, shall be exercised against the debtor's successors.

(1) The action for liability shall be brought, at the option of the claimant, in the territory of one of the High Contracting Parties, either before the Court of the domicile of the carrier, the domicile of the principal place of its operations, or the place where it has an establishment through which the contract was concluded, or before the Court of the place of destination. (2) The procedure shall be governed by the law of the Court dealing with the matter.

(1) The action for liability shall be brought, under penalty of forfeiture, within the period of two years, from the arrival at its destination or from the day on which the aircraft should have arrived or from the cessation of transport. (2) The method of calculating the period shall be determined by the law of the Court dealing with the matter.

(

• 1)

  In cases of transport regulated by the definition of the third paragraph of Article 1, which is to be executed by various successive carriers, each carrier that accepts passengers, baggage, or goods shall be subject to the rules established by said Convention and shall be considered as one of the Parties to the transport contract, provided that such contract makes reference to the portion of transport executed under its control. (

• 2)

  In the case of such a transport, the passenger or its successors may only have recourse against the carrier that has executed the transport in the course of which the accident or delay has occurred, except in the case where, by express stipulation, the first carrier has assumed responsibility for the entire journey. (

• 3)

  If it is a matter of baggage or goods, the shipper shall have recourse against the first carrier and the consignee entitled to delivery against the last, and either of them may also proceed against the carrier that has executed the transport in the course of which the destruction, loss, damage, or delay has occurred. Such carriers shall be jointly and severally liable to the shipper and the consignee.

(1) In the case of combined transportation carried out partly by air and partly by any other means of transport, the stipulations of the present Convention shall not apply except to air transportation and if the latter meets the conditions of Article 1. (2) Nothing in the present Convention prevents the Parties, in the case of combined transportation, from inserting in the air transport document conditions concerning other means of transport, provided that the stipulations of the present Convention are respected with respect to transportation by air. CHAPTER V General and Final Provisions

(1) All clauses of the transport contract and all particular agreements prior to damage by means of which the Parties would derogate from the rules of the present Convention, either by determination of the applicable law or by a modification of the rules of competence, shall be null and void. However, in the transportation of goods, arbitration clauses shall be admitted, within the limits of the present Convention, when the arbitration is to take place in places within the competence of the Courts provided for in Article 28, first paragraph.

Nothing in the present Convention shall prevent the carrier from refusing to conclude a transport contract or from formulating regulations that are not in contradiction with the provisions of the present Convention.

The present Convention shall not apply to international air transportation carried out as preliminary tests by air navigation companies with a view to the establishment of regular air navigation lines, nor to transportation carried out under extraordinary circumstances outside any normal operation of air exploitation.

When the word "days" is used in the present Convention, it means calendar days and not working days.

The present Convention is drawn up in French in a single copy, which shall be deposited in the archives of the Ministry of Foreign Affairs of Poland, and of which certified true copies shall be transmitted through the Polish Government to the Governments of each of the High Contracting Parties.

(

• 1)

  The present Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry of Foreign Affairs of Poland, which shall notify such deposit to the Governments of each of the High Contracting Parties. (

• 2)

  When the present Convention has been ratified by five of the High Contracting Parties, it shall enter into force, between them, on the ninetieth day after the deposit of the fifth ratification. Subsequently, it shall enter into force between the High Contracting Parties that have ratified it and the High Contracting Party that deposits its instrument of ratification on the ninetieth day counting from its deposit. (

• 3)

  It is the duty of the Government of the Republic of Poland to notify the Governments of each of the High Contracting Parties of the date of entry into force of the present Convention as well as of each deposit of ratification.

(

• 1)

  From the date of its entry into force, the present Convention shall be open to accession by all States. (

• 2)

  Accession shall be effected by a notification addressed to the Government of the Republic of Poland, which shall communicate it to the Government of each of the High Contracting Parties. (

• 3)

  Accession shall take effect as of the ninetieth day of the notification made to the Government of the Republic of Poland.

(1) Each of the High Contracting Parties may denounce the present Convention by means of a notification made to the Government of the Republic of Poland, which shall immediately report it to the Government of each of the High Contracting Parties. (2) Denunciation shall take effect six months after notification of the denunciation and only with respect to the Party that has made it.

(

• 1)

  The High Contracting Parties may, at the time of signature or deposit of the instruments of ratification or of their accession, declare that their acceptance of the present Convention shall not apply to all or part of their colonies, protectorates, territories under mandate, or any other territory under their sovereignty or authority, or to any other territory under their jurisdiction. (

• 2)

  Consequently, they may subsequently accede separately on behalf of all or part of their colonies, protectorates, territories under mandate, or any other territory under their sovereignty or authority, or any other territory under their jurisdiction that has been excluded in their original declaration. (

• 3)

  They may also, in accordance with its provisions, denounce the present Convention separately or for all or part of their colonies, protectorates, territories under mandate, or any other territory under their sovereignty or authority, or any other territory under their jurisdiction.

Each of the High Contracting Parties shall have the power, at the earliest two years after the entry into force of the present Convention, to bring about the convening of a new International Conference with the object of studying the improvements that could be introduced into the present Convention. For this purpose, it shall address itself to the Government of the French Republic, which shall adopt the necessary measures to prepare such Conference. The present Convention, made at Warsaw on October 12, 1929, shall remain open for signature until January 31, 1930. (Followed by the signatures of the Plenipotentiaries). ADDITIONAL PROTOCOL Ad. Article 2 The High Contracting Parties reserve the right to declare at the time of ratification or accession that Article 2, first paragraph, of the present Convention shall not apply to international air transportation carried out directly by the State, its colonies, protectorates, territories under mandate, or any other territory under its sovereignty, jurisdiction, or authority. (Followed by the signatures of the Plenipotentiaries). This Convention has been duly ratified by Spain, and the corresponding instrument, in accordance with the provisions of Article 37, was deposited in the Ministry of Foreign Affairs of the Republic of Poland on March 31, 1930. It has also been ratified by Yugoslavia and Brazil. The Conference that met in Warsaw and which drew up the transcribed Convention furthermore issued the votes and resolutions published below. The Conference has expressed the wishes and adopted the following resolutions:

• A)

  The Conference, considering that the Warsaw Convention regulates only certain questions relating to air transportation and that international air navigation gives rise to many other questions that it would be desirable to regulate by international agreement, Expresses the wish: That through the mediation of the French Government, which has taken the initiative in convening these Conferences, and after the study of these questions, new Conferences shall subsequently meet to accomplish this work of unification.

• B)

  The Conference, considering the importance from an international point of view of a uniform Regulation of all kinds of air transportation, Expresses the wish: That the International Technical Committee of Air Law Experts prepare as soon as possible a preliminary draft Convention on the subject.

• C)

  The Conference, considering the desirability of having a uniform drafting of transport documents for all Air Navigation Companies, Expresses the wish: That these adopt the models prepared by the International Technical Committee of Air Law Experts.

• D)

  The Conference, being informed of the proposal made by the Brazilian Delegation concerning the definition of the carrier in Article 1, estimating that the question should not be regulated in this Convention, Returns to the International Technical Committee of Air Law Experts the proposal, with the Memorandum prepared by said Delegation, in order that it may use this preparatory work.

• E)

  The Conference, being informed of the proposal of the Brazilian Delegation to add to the Convention an article concerning the obligation of the carrier to preserve for two years the transport documents, according to the provisions already adopted by Italian law, considering that the question cannot be taken into consideration in this Convention, Calls the attention of the International Technical Committee of Air Law Experts to the proposal so that it may use it in its work. In witness whereof the Delegates sign the present Final Protocol. Done at Warsaw on October 12, 1929, in a single copy, which shall be deposited in the archives of the Ministry of Foreign Affairs of the Republic of Poland; a certified true copy of which shall be transmitted to all the Delegations that took part in the Conference. Followed by the signatures of the representatives of Germany, Austria, Brazil, China, Denmark, Egypt, Spain, Estonia, Finland, France, Great Britain and Northern Ireland, Australia, Union of South Africa, Greece, Hungary, Italy, Japan, Latvia, Luxembourg, Mexico, Norway, Netherlands, Poland, Romania, Sweden, Switzerland, Czechoslovakia, Union of Soviet Socialist Republics, Venezuela, Yugoslavia.