PROTOCOL

TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR - SIGNED AT WARSAW ON OCTOBER 12 1929,

Done at The Hague On September 28, 1955

Chapter 1.

Article 1. In Article 1 of the Convention

a) Paragraph 2 shall be deleted and replaced by the following:

“2. For the purposes of this Convention, the expression international carriage means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated either within the territories of two Contracting Parties or within the territory of a single Contracting Party if there is an agreed stopping place within the territory of another State, even if that State is not a Contracting Party. Carriage between two points within the territory of a single Contracting Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Convention.”

b) Paragraph 3 shall be deleted and replaced by the following:

“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.

Article 2 of the Convention shall be deleted and replaced by the following:

“2. This Convention shall not apply to carriage of mail and postal packages.”

Chapter 2.

a) In Article 3 of the Convention, paragraph 1 shall be deleted and replaced by the following:

“1. In respect of the carriage of passengers a ticket shall contain:

● an indication of the places of departure and destination.

● if the places of departure and destination are within the territory of a single Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place.

● a notice to the effect that, if the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of or damage to baggage.”

b) Paragraph 2 shall be deleted and replaced by the following:

“2. The passenger ticket shall constitute prima facie evidence of the conclusion and conditions of the contract of carriage. The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage which shall, nonetheless, be subject to the rules of this Convention. Nevertheless, if, with the consent of the carrier, the passenger embarks without a passenger ticket having been delivered, or if the ticket does not include the notice required by paragraph 1c of this Article, the carrier shall not be entitled to avail himself of the provisions of Article 22.”

Article 5. In Article 6 of the Convention, paragraph 3 shall be deleted and replaced by: “The carrier shall sign prior to the loading of the cargo on board the aircraft.”

Article 6. Article 8 of the Convention shall be deleted and replaced by the following:

The air waybill shall contain:

a) an indication of the places of departure and destination;

b) if the places of departure and destination are within the territory of a single Contracting Party, an indication of at least one such stopping place;

c) a notice to the consignor to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to cargo.”

Article 7.

Article 9 of the Convention shall be deleted and replaced by the following:

“If, with the consent of the carrier, cargo is loaded on board the aircraft without an air waybill having been made out, or if the air waybill does not include the notice required by Article 8, paragraph c, the carrier shall not be entitled to avail himself of the provisions of Article 22, paragraph 2.”

Article 8.

In Article 10 of the Convention, paragraph 2 shall be deleted and replaced by the following:

“2. The consignor shall indemnify the carrier against all damage suffered by him, or by any other person to whom the carrier is liable, by reason of the statements furnished by the consignor.”

Article 9.

The following paragraph shall be added to Article 15 of the Convention:

“3. Nothing in this Convention prevents the issue of a negotiable air waybill.”

Article 11.

Article 22 of the Convention shall be deleted and replaced by the following:

“Article 22

1. In the carriage of persons the liability of the carrier for each passenger is limited to the sum of 250,000 Fr. 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 Fr. 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 and of cargo, the liability of the carrier is limited to a sum of 250 Fr/1kg, unless the passenger or consignor has made a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the passenger's or consignor's actual interest in delivery at destination.

b) In the case of loss, damage or delay of part of registered baggage or cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of a part of the registered baggage or cargo, or of an object contained therein, affects the value of other packages covered by the same baggage check or the same air waybill, the total weight of such package

3. Regarding objects of which the passenger takes charge himself, the liability of the carrier is limited to 5,000 Fr per passenger.

4. The limits prescribed in this article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff.

 The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.

The sums mentioned in this Article refer to a currency unit consisting of 65 mg of 900/1000 gold. These sums may be converted into national currencies in round figures. Conversion of the sums into national currencies other than gold shall, in case of judicial proceedings, be made according to the gold value of such currencies at the date of the judgment.”

Article 12.

Article 23 of the Convention shall be renumbered as 1 and another paragraph shall be added as follows:

“Paragraph 1 of this Article shall not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried.”

Article 13.

In Article 25 of the Convention, paragraphs 1 and 2 shall be deleted and replaced by the following: “The limits of liability specified in Article 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment.”

Article 14.

After Article 25 of the Convention, another Article shall be added as follows: Article 25A:

1. If an action is brought against a servant or agent of the carrier arising out of damage to which this Convention relates, such servant or agent shall be entitled to avail himself of the limits of liability which that carrier himself is entitled to invoke.

2. The aggregate of the amounts recoverable from the carrier, his servants and agents, in that case, shall not exceed the said limits.

3. The provisions of paragraphs 1 and 2 of this article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.”

Article 15.

In Article 26 of the Convention, paragraph 2 shall be deleted and replaced by the following:

“In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within 7 days from the date of receipt in the case of baggage and 14 days from the date of receipt in the case of cargo. In the case of delay, the complaint must be made at the latest within 2 days from the date on which the baggage or cargo have been placed at his disposal.”

Article 16.

Article 34 of the Convention shall be deleted and replaced by the following: “The provisions of Articles 3 to 9 inclusive relating to documents of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of an air carrier's business.”

Article 17.

After Article 40 of the Convention, another Article shall be added as follows.

“Article 40A

1. In Article 37, paragraph 2 and Article 40, paragraph 1, the expression “Contracting Party” shall mean State. In all other cases, the expression shall mean a State whose ratification of or adherence to the Convention has become effective and whose denunciation thereof has not become effective.

For the purposes of the Convention, the word territory means not only the metropolitan territory of a State but also all other territories for the foreign relations of which that State is responsible.”

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