FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR
2. For the purposes of this Convention the expression "international carriage" means any carriage in which, according to the contract made by 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 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 Contracting Party is not deemed to be international for the purposes of this Convention.
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a. the place and date of issue;
b. the place of departure and of destination;
c. 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;
d. the name and address of the carrier or carriers;
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2. 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 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. LUGGAGE TICKET
2. The luggage ticket shall be made out in duplicate, one part for the passenger and the other part for the carrier.
3. The luggage ticket shall contain the following particulars:
a. the place and date of issue;
b. the place of departure and of destination;
c. the name and address of the carrier or carriers;
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e. a statement that delivery of the luggage will be made to the bearer of the luggage ticket;
f. the number and weight of the packages;
g. the value declared in accordance with Article 22(2);
h. a statement that the carriage is subject to the rules relating to liability established by this Convention.
4. The absence, irregularity or loss of the luggage 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 the carrier accepts luggage without a luggage ticket having been delivered, or if the luggage ticket does not contain the particulars set out in (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 CONSIGNMENT NOTE
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 nonetheless governed by the rules of this Convention.
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2. The first part shall be marked "for the carrier" and signed by the consignor. The second part shall be marked "for the consignee", signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor after the goods have been accepted.
3. The carrier shall sign on acceptance of the goods.
4. The signature of the carrier may be stamped; that of the consignor may be printed or stamped.
5. If, at the request of the consignor, the carrier makes out the air consignment note, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.
The air consignment note shall contain the following particulars:
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b. the place of departure and place of destination;
v. 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;
d. the name and address of the consignor;
e. the name and address of the first carrier;
f. the name and address of the consignee, if the case so requires;
g. the nature of the goods;
h. the number of the packages, the method of packing and the particular marks or numbers on them;
i. the weight, the quantity and the volume or dimensions of the goods;
j. the apparent condition of the goods and of the packing;
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l. if the goods are sent for payment on delivery, the price of the goods, and, if the case so requires, the amount of the expenses incurred;
m. the value declared in accordance with Article 22(2);
n. the number of parts of the air consignment note;
o. the documents handed to the carrier to accompany the air consignment note;
p. 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;
q. a statement that the carriage is subject to the rules relating to liability established by this Convention.
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2. 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.
2. The statements in the air consignment note relating to the weight, dimensions and packing of the goods, 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 goods do not constitute evidence against the carrier except so far as they both have been stated in the air consignment note to have been and checked by him in the presence of the consignor, or relate to the apparent condition of the goods.
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 goods without requiring the production of the part of the air consignment note 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 consignment note.
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 consignment note or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition.
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2. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive.
3. If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.
2. The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air consignment note.
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2. The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.
2. The carriage by air within the meaning of the preceding paragraph comprises the period during which the luggage or goods are 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.
3. 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 transshipment, 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.
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2. In the carriage of goods and luggagem 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.
2. In the carriage of registered luggage and of goods, the liability of the carrier is limited to 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.
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4. The sums mentioned above shall be deemed to refer to the French franc consisting of 65 milligrams 900/1000 gold. These sums may be converted into any national currency in round figures.
2. 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.
2. Similarly the carrier shall not be entitled to avail himself of the said provisions if the damage is caused as aforesaid by any agent of the carrier acting within the scope of his employment.
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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 three days from the date of receipt in the case of luggage and seven days from the date of receipt in the case of goods. In the case of delay the complaint must be made at the latest within fourteen days from the date on which the luggage or goods have 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 aforesaid time.
4. Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.
2. Questions of procedure shall be governed by the law of the Court seised of the case.
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2. The method of calculating the period of limitation shall be determined by the law of the Court seised of the case.
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 luggage or goods, 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 liable to the passenger or to the consignor or consignee.
PROVISIONS RELATING TO COMBINED CARRIAGE
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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.
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The expression "days" when used in this Convention means current days not working days.
2. As soon as this Convention shall have been ratified by five of the 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 Contracting Parties who shall have ratified and the 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 Contracting Parties the date on which this Convention comes into force as well as the date of the deposit of each ratification.
1. This Convention shall, after it has come into force, remain open for accession by any State.
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3. The accession shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland.
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.
2. Accordingly any 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 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.
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This Convention done at Warsaw on October 12, 1929 shall remain open for signature until the January 31, 1930.
- 1 Protocol to amend the Convention for the unification of certain rules relating to international carriage by air - signed at WARSAW on october 12 1929
- 2 Protocol to amend the Convention for the unification of certain rules relating to international carriage by air - signed at WARSAW on october 12 1929