Warsaw Convention for the Rules Relating to International Carriage by Air

Warsaw Convention
for the unification of certain rules relating to international carriage by air
(As amended by Chapter I of the Hague Protocol)
The German Reich President, the Federal President of the Austrian Republic, His Majesty the King of the Belgians, the President of the United States of Brazil, His Majesty the King of Bulgaria, the President of the National Government of China, His Majesty the King of Denmark and Iceland, His Majesty the King of Egypt, His Majesty the King of Spain, the Head of State of the Estonian Republic, the President of the Finnish Republic, the President of the French Republic, His Majesty the King of Great Britain, Ireland and the British territories beyond the seas, Emperor of India, the President of the Hellenic Republic, His Serene Highness the Regent of the Hungarian Kingdom, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Latvian Republic, Her Royal Highness the Grand Duchess of Luxembourg, the President of the United States of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Polish Republic, His Majesty the King of Romania, His Majesty the King of Sweden, the Swiss Federal Council, the President of the Czechoslovak Republic, the Central Executive Committee of the Union of Soviet Socialist Republics, the President of the United States of Venezuela, His Majesty the King of Yugoslavia, having recognized the usefulness of regulating in a uniform manner the conditions of international carriage by air with respect to the documents used for such carriage and the liability of the carrier, have appointed for this purpose their respective plenipotentiaries, who, having received proper authorization, have concluded and signed the following Convention:
CHAPTER I
SCOPE – DEFINITIONS
Article 1
1. This Convention applies to any international carriage of persons, baggage or cargo performed for remuneration by aircraft. It also applies to carriage performed by aircraft by an air transport undertaking.
2. International carriage within the meaning of this Convention means any carriage in which, according to the agreement of the Parties, the place of departure and the place of destination, whether or not there is a break in the carriage or transshipment, are situated either in the territories of two High Contracting Parties, or in the territory of one and the same High Contracting Party, if a stop is provided for in the territory of another State, even if that State is not a High Contracting Party. Carriage without such a stop between two points situated in the territory of one and the same High Contracting Party is not considered international within the meaning of this Convention.
3. Carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one single carriage if it was regarded by the Parties as a single operation, whether it was agreed upon in the form of a single contract or of a series of contracts, and it does not lose its international character solely by reason of the fact that one or more of the contracts are to be performed entirely within the territory of one and the same State.
Article 2
1. The Convention applies to carriage performed by the State or by other public-law legal entities which meet the conditions laid down in Article 1.
2. This Convention does not apply to the carriage of postal correspondence and postal parcels.
CHAPTER III
AIR WAYBILL
Article 5
1. Every carrier of goods 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. Nevertheless, the absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage, which shall, notwithstanding, be subject to the rules of this Convention, in accordance with the provisions of Article 9.
Article 6
1. The air waybill shall be made out in three original parts and be handed over with the goods.
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 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 prior to the loading of the goods on board the aircraft.
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 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 goods 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:
(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 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 goods.
Article 9
If, with the consent of the carrier, goods are loaded on board the aircraft without an air waybill having been made out, or if the air waybill does not contain the notice required by paragraph (c) of Article 8, the carrier shall not be entitled to avail himself of the provisions of paragraph 2 of Article 22.
Article 10
1. The consignor shall be responsible for the correctness of the particulars and statements relating to the goods which he inserts in the air waybill.
2. The consignor shall be liable for 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 consignor.
Article 11
1. An air waybill is, until proven otherwise, evidence of the conclusion of the contract, of the acceptance of the goods and of the conditions of carriage.
2. The statements in the air waybill relating to weight, dimensions and packing of the goods, as well as the number of packages, are, until proven otherwise, evidence; statements relating to quantity, volume and condition of the goods are evidence against the carrier only if their verification was made in the presence of the consignor, with a note to that effect in the air waybill, or if they relate to statements concerning the external condition of the goods.
Article 12
1. The consignor has the right, subject to the performance of all obligations arising from the contract of carriage, to dispose of the goods, either by withdrawing them at the airport of departure or destination, or by stopping them in the course of carriage at any point of landing, or by giving instructions for their delivery 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 their (the goods’) return to the airport of departure, provided that the exercise of this right does not cause harm either to the carrier or to other consignors and with the obligation to reimburse the expenses arising therefrom.
2. In cases where it is impossible to carry out the consignor’s instructions, the carrier must promptly notify him thereof.
3. If the carrier agrees to the consignor’s instruction without requiring the production of the copy of the air waybill issued to the latter, he thereby assumes, with reservation of the right of recourse, liability for damage that may be caused thereby to the rightful holder of the air waybill.
4. The consignor’s right to dispose of the goods ceases at the moment when the consignee’s right arises, in accordance with Article 13 below. However, if the consignee refuses to accept the transport document, or the goods, or if they cannot be delivered to him, the consignor again acquires his right of disposal.
Article 13
1. Except in the cases specified in the preceding article, the consignee has the right to require the carrier, from the moment of the arrival of the goods at the place of destination, to hand over to him the air waybill and to deliver the goods to him, against payment of the charges due and performance of the conditions of carriage specified in the air waybill.
2. Unless otherwise agreed, the carrier must notify the consignee immediately upon the arrival of the goods.
3. If the loss of the goods is recognized by the carrier or if, after the expiry of a period of seven days from the day on which the goods ought to have arrived, the goods have not arrived, the consignee is entitled to exercise against the carrier the rights arising from the contract of carriage.
Article 14
The consignor and the consignee may exercise all the rights respectively conferred on 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 person, but subject to the performance of the requirements established by the contract.
Article 15
1. Articles 12, 13, and 14 shall not affect either the relations between the consignor and the consignee, or the relations between third parties whose rights arise either from the consignor or from the consignee.
2. Any clause departing from the conditions of Articles 12, 13, and 14 must be recorded in the air waybill.
3. Nothing in this Convention shall prevent the issuance of a transferable air waybill.
Article 16
1. The consignor shall be required to furnish the particulars and to attach to the air waybill the documents which are necessary for the performance of customs, municipal customs, or police formalities prior to the delivery of the goods to the consignee. The consignor shall be liable to the carrier for all damages which might result from the absence, insufficiency, or irregularity of these particulars and documents, except in cases of fault on the part of the carrier or persons employed by him.
2. The carrier shall not be obliged to verify these particulars and documents as to their accuracy or authenticity.
CHAPTER III
LIABILITY OF THE CARRIER
Article 17
The carrier shall be liable for damage sustained in the event of the death, wounding, or any other bodily injury suffered by a passenger, if the accident which caused the damage took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
Article 18
1. The carrier shall be liable for damage sustained in the event of the destruction, loss, or damage to registered baggage or goods, if the occurrence which caused the damage took place during air carriage.
2. Air carriage, within the meaning of the preceding paragraph, comprises the period during which the baggage or goods are in the custody of the carrier, whether at an aerodrome, on board an aircraft, or in any other place, in the event of a landing outside an aerodrome.
3. The period of air carriage shall not include any carriage by land, sea, or river performed outside an aerodrome. However, if such carriage is performed in the performance of a contract of air carriage, for the purpose of loading, delivery, or transshipment, any damage is presumed, until proven otherwise, to have resulted from an occurrence which took place during the air carriage.
Article 19
The carrier shall be liable for damage occasioned by delay in the air carriage of passengers, baggage, or goods.
Article 20
The carrier shall not be liable if he proves that he and the persons employed by him have taken all necessary measures to avoid the damage or that it was impossible for him to take such measures.
Article 21
If the carrier proves that the fault of the person who suffered the damage caused or contributed to the damage, the court may, in accordance with the provisions of its own law, exonerate or limit the liability of the carrier.
Article 22
1. In the carriage of passengers, the liability of the carrier in respect of each passenger is limited to the sum of two hundred and fifty thousand francs. Where, in accordance with the law of the court to which the case is submitted, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed two hundred and fifty thousand francs. Nevertheless, by special agreement, the carrier and the passenger may fix a higher limit of liability.
2. In the carriage of registered baggage and goods, the liability of the carrier is limited to a sum of two hundred and fifty francs per kilogram, 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 the sum is greater than the passenger’s or consignor’s actual interest in delivery at destination.
a) In the case of loss, damage or delay of part of registered baggage or goods, 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 goods, 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.
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.
5. The sums mentioned in francs in this article shall be deemed to refer to a currency unit consisting of sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. 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 23
1. Any stipulation whereby the carrier is exempted from liability or whereby a limit of liability less than that established in this Convention is fixed shall be null and void and of no effect, but the validity of the remaining provisions of the contract shall not be affected thereby, and the contract shall remain subject to the provisions of this Convention.
2. Paragraph 1 of this Article shall not apply to provisions relating to loss of or damage to goods arising from the inherent defect, quality or vice of the goods carried.
Article 24
1. In the cases provided for in Articles 18 and 19, an action for liability on any ground whatsoever may be brought only in accordance with the conditions and limits provided for in this Convention.
2. In the cases provided for in Article 17, the provisions of the preceding paragraph shall also apply, without prejudice to the determination of the persons entitled and their respective rights.
Article 25
The limits of liability established in Article 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, or of persons for whom he is responsible, 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 person for whom the carrier is responsible, it is also proved that he was acting within the scope of his employment.
Article 25 A
1. If an action is brought against a person for whom the carrier is responsible in respect of damage referred to in this Convention, such person shall, if he proves that he was acting within the scope of his employment, be entitled to avail himself of the limits of liability which the carrier himself is entitled to invoke under Article 22.
2. The aggregate of the amounts recoverable from the carrier and from persons for whom he is responsible shall not in that case exceed the said limit.
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 such person done with intent to cause damage or recklessly and with knowledge that damage would probably result.
Article 26
1. The receipt of the baggage and goods by the consignee without complaint shall be prima facie evidence, until proof to the contrary, that the goods were delivered in proper condition and in accordance with the transport document.
2. In the case of damage, the person entitled to delivery of the goods must give notice to the carrier immediately upon discovery of the damage and not later than seven days from the date of receipt in the case of baggage and fourteen days from the date of receipt in the case of goods. In case of delay, the complaint must be made not later than twenty-one days from the date on which the baggage or goods were placed at his disposal.
3. Any complaint must be made by way of a reservation, by a note on the transport document, or by any other written notification dispatched within the time limit prescribed for such complaint.
4. In the absence of a complaint within the prescribed time limits, no action shall lie against the carrier, save in the case of fraud on his part.
Article 27
In the event of the death of the debtor, an action for liability, within the limits provided for in this Convention, shall be brought against his successors.
Article 28
1. An action for liability must be brought, at the option of the plaintiff, within the territory of one of the High Contracting Parties, or before the court of the place of residence of the carrier, or at the place of the principal place of business of his establishment, or at the place where he has a place of business through which the contract was made, or before the court of the place of destination.
2. The procedure is governed by the law of the court to which the action is brought.
Article 29
1. An action for liability must be brought, under penalty of forfeiture of the right of action, within two years 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 is determined by the law of the court to which the action is brought.
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 goods is subjected to the rules set out in this Convention, and is deemed to be one of the 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 such carriage, the passenger or his representatives may bring an action only against the carrier who performed the carriage during which the accident or the delay occurred, except where, by special agreement, the first carrier has assumed liability for the whole journey.
As regards baggage or goods, the consignor may bring an action against the first carrier, and the consignee who is entitled to delivery may bring an action against the last carrier, and each may furthermore bring an action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers shall be jointly and severally liable to the consignor and the consignee.
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 including in the air carriage document conditions relating to other modes of carriage, provided that the provisions of this Convention are applied in respect of the carriage by air.
CHAPTER V
GENERAL AND FINAL PROVISIONS
Article 32
Any clause contained in the contract of carriage 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, in the carriage of goods, arbitration clauses are permitted within the limits of this Convention, if the arbitration is to take place in the places where the courts referred to in paragraph 1 of Article 28 have jurisdiction.
Article 33
Nothing in this Convention may be construed as preventing a carrier from refusing to enter into a contract of carriage or from laying down rules which do not conflict with the rules of this Convention.
Article 34
Provisions of Articles 3 to 9 inclusive relating to carriage shall not apply to carriage performed in extraordinary circumstances outside the functions of air operation.
Article 35
When in this Convention days are referred to, days of continuous sequence are meant, not working days.
HAGUE PROTOCOL 1955
On amendments to the WARSAW Convention of 1929 FOR THE UNIFICATION OF CERTAIN RULES RELATING TO international air carriage
The undersigned governments, seeking to promote amendments to the Convention for the unification of certain rules relating to international air carriage, signed at Warsaw on 12 October 1929, have agreed as follows:
Chapter I. Amendments to the Convention
Article 1
In Article 1 of the Convention:
1. Delete paragraph 2 and replace it with the following:
“2. International carriage within the meaning of this Convention means any carriage in which, according to the definition of the Parties, the place of departure and the place of destination, whether or not there is 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 a stop is provided for in the territory of another State, even if that State is not a High Contracting Party. Carriage without such a stop between two points situated within the territory of a single High Contracting Party is not considered, within the meaning of this Convention, as international.”
2. Delete paragraph 3 and replace it with the following:
“3. Carriage to be performed by several successive air carriers shall, for the purposes of this Convention, be deemed to be one undivided carriage if it was regarded by the Parties as a single operation, whether it was 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 6
Delete Article 8 of the Convention and replace it with the following:
“9. The air carriage document shall contain:
a) an indication of the place of departure and the place of destination;
b) if the places of departure and destination are within the territories of one and the other High Contracting Party, and one or more agreed stopping places are within the territory of another State, an indication of at least one such stopping place;
c) a notice to the consignor to the effect that if the carriage involves a place of final destination or a stop not in the country of departure, the provisions of the Warsaw Convention may be applicable to such carriage and this Convention governs and in most cases limits the liability of carriers in the event of loss of or damage to goods.”
Article 7
Delete Article 9 of the Convention and replace it with the following:
“If, with the consent of the carrier, goods are loaded on board an aircraft without an air carriage document having been made out, or if the air carriage document does not contain the notice required by paragraph ‘c’ of Article 8, the carrier shall not be entitled to avail himself of the provisions of paragraph 2 of Article 22.”
Article 8
In Article 10 of the Convention, omit paragraph 2 and replace it with the following:
“2. The sender shall be liable for any damage sustained by the carrier or by any other person for whom the carrier is liable, by reason of the irregularity, incorrectness, or incompleteness of the particulars or declarations given by the sender.”
Article 9
In Article 15 of the Convention, add the following paragraph:
“3. Nothing in this Convention shall prevent the issuance of a transferable air waybill.”
Article 10
In Article 20 of the Convention, omit paragraph 2.
2. (a) In the carriage of registered baggage and goods, the liability of the carrier shall be limited to a sum of two hundred and fifty francs per kilogram, unless the passenger or sender makes, at the time of delivery of the package to the carrier, a special declaration of interest in delivery at destination and pays, if required, a supplementary sum. In that case, the carrier shall be liable to pay a sum not exceeding the declared sum, unless it proves that the sum exceeds the actual interest of the passenger or sender in delivery at destination.
(b) In the case of loss, damage, or delay of part of registered baggage or goods, 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 goods, 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 shall be limited to five thousand 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 six 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 sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. 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
In Article 23 of the Convention, the existing paragraph shall be numbered 1 and the following paragraph shall be added:
“2. Paragraph 1 of this Article shall not apply to provisions relating to loss or damage arising from the inherent defect, quality, or vice of the goods carried.”
Article 13
In Article 25 of the Convention, omit paragraphs 1 and 2 and replace them with the following:
“The limits of liability established in Article 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier 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 person, it is also proved that he was acting within the scope of his employment.”
Article 14
After Article 25 of the Convention, insert the following Article:
“Article 25 A
1. If an action is brought against a person of the carrier in respect of damage referred to in this Convention, such person, if he proves that he was acting within the scope of his employment, shall be entitled to avail himself of the limits of liability which the carrier himself is entitled to invoke under Article 22.
2. The aggregate of the amounts recoverable from the carrier and from the persons put forward by him shall not in that case exceed the said limit.
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 person put forward, done with intent to cause damage or recklessly and with knowledge that damage would probably result.”
Article 15
In Article 26 of the Convention, omit paragraph 2 and replace it with the following:
“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 goods. 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 goods have been placed at his disposal.”
Chapter II. SCOPE OF APPLICATION OF THE CONVENTION AS AMENDED
Article 18
The Convention as amended by this Protocol shall apply to international carriage as defined in Article 1 of the Convention, provided that the places of departure and destination referred to in that Article are situated either in the territories of two States Parties to the Protocol, or in the territory of one State Party to this Protocol, with an agreed stopping place in the territory of another State.
The Montreal Protocol of 1975 permits the use of electronic data processing devices in the documentation of carriage, and also establishes the liability of the air carrier in the event of loss of cargo irrespective of fault (liability is excluded if the carrier proves that the destruction, loss or damage to the cargo occurred as a result of an inherent defect, quality or vice of the cargo, improper packaging, an act of war or armed conflict, or an act of a public authority related to the import, export or transit of the cargo).
Convention,
supplementary to the Warsaw Convention, for the unification
of certain rules relating to international carriage by air
performed by persons who are not
contractual carriers
The States signatory to the present Convention, considering that the Warsaw Convention does not contain special rules concerning international carriage by air performed by persons who are not a party to the contract of carriage as a Contracting Party.
Considering that it is therefore desirable to formulate rules applicable in such circumstances, have agreed as follows:
Article I
In the present Convention:
a) “Warsaw Convention” means either the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929 ( 995_181 ), or the Warsaw Convention as amended at The Hague in 1955, whichever of the two governs the carriage under the contract provided for in paragraph b);
b) “contracting carrier” means a person who, as a party to a contract of carriage falling under the Warsaw Convention, concludes a contract of carriage with a passenger or consignor, or with a person acting on behalf of the passenger or consignor;
c) “actual carrier” means a person other than the contracting carrier who, being authorised by the contracting carrier, performs the whole or part of the carriage provided for in paragraph c), but who, in respect of that part, is not a successive carrier within the meaning of the Warsaw Convention. The existence of the said authorisation is presumed until proof to the contrary.
Article II
Unless otherwise provided in the present Convention, where the actual carrier performs, wholly or partly, carriage governed by the Warsaw Convention under the contract provided for in paragraph b) of Article 1, both the contracting carrier and the actual carrier shall be subject to the rules of the Warsaw Convention: the former in respect of the whole of the carriage provided for in the contract, the latter only in respect of the carriage which he performs.
Article III
1. The acts or omissions of the actual carrier and of his agents acting within the scope of their duties in relation to the carriage performed by the actual carrier shall be deemed to be also those of the contracting carrier.
2. The acts or omissions of the contracting carrier and of his agents acting within the scope of their duties in relation to the carriage performed by the actual carrier shall be deemed to be also those of the actual carrier. However, such acts or omissions shall in no case impose on the actual carrier liability exceeding the limits provided for in Article 22 of the Warsaw Convention. No special agreements under which the contracting carrier assumes obligations not imposed by the Warsaw Convention, no waivers of rights provided for in the said Convention, and no special declarations of interest in delivery referred to in Article 22 of the said Convention, shall have effect against the actual carrier without his consent.
Article IV
Orders or claims made to the carrier on the basis of the Warsaw Convention shall have the same effect regardless of whether they are addressed to the contracting carrier or to the actual carrier. However, orders provided for in Article 12 of the Warsaw Convention shall have effect only if they are addressed to the contracting carrier.
Article V
In respect of carriage performed by the actual carrier, any agent of that carrier or of the contracting carrier, if he proves that he acted in the performance of his duties, shall be entitled to avail himself of the limits of liability applicable, under this Convention, to the carrier of whom he is an agent, unless, however, it is proved that he acted in such a manner that, in accordance with the Warsaw Convention, reliance on the limits of liability cannot be had.
Article VI
In respect of carriage performed by the actual carrier, the total amount of compensation which may be obtained from that carrier, from the contracting carrier, and from their agents acting in the performance of their duties shall not exceed the maximum compensation which, under this Convention, may be recovered either from the contracting carrier or from the actual carrier, and none of the persons mentioned in this Article shall be liable beyond the limit applicable to him.
Article VII
Any action for liability relating to carriage performed by the actual carrier may, at the option of the plaintiff, be brought either against that carrier, or against the contracting carrier, or against both, jointly or separately. If the action is brought against only one of these carriers, he shall be entitled to have the other carrier joined in the proceedings before the court in which the action is brought, the procedure for such joinder and its effects being determined by the law of that court.
Article VIII
Any action for liability provided for in Article VII of this Convention shall be brought, at the option of the plaintiff, either in one of the courts in which an action may be brought against the contracting carrier under Article 28 of the Warsaw Convention, or in the court of the domicile of the actual carrier or of the place where his principal place of business is situated.
Article IX
1. Any provision tending to relieve the carrier by contract or the actual carrier of liability under this Convention or to fix a lower limit than that which is laid down in this Convention shall be null and void and shall not produce any effect, but the nullity of such a provision shall not entail the nullity of the contract, which shall remain subject to the provisions of this Convention.
2. In the case of carriage performed by the actual carrier, the preceding paragraph shall not apply to provisions concerning loss of or damage to goods arising from the nature or defective condition of the goods carried.
3. Any provision of a contract of carriage and any special agreement concluded before the damage occurred, by which the parties purport to derogate from the rules of this Convention, either by determining the law applicable or by altering the rules as to jurisdiction, shall be null and void. However, in the carriage of goods within the scope of this Convention, an arbitration clause shall be permitted if the arbitration is to take place in the places within the jurisdiction of the courts referred to in Article VIII.
Article X
Except as provided in Article VII, nothing in this Convention shall affect the rights and obligations as between the two carriers.
Article XI
Until it comes into force in accordance with the procedure provided for in Article XIII, this Convention shall remain open for signature by any State which at that time is a Member of the United Nations or a Member of any of the Specialized Agencies.
Article XII
1. This Convention shall be subject to ratification by the signatory States.
2. The instruments of ratification shall be deposited with the Government of the United States of Mexico.
Article XIII
1. Upon the ratification of this Convention by five of the signatory States, it shall come into force as between them on the ninetieth day after the deposit of the fifth instrument of ratification. As regards any State which subsequently ratifies it, the Convention shall come into force on the ninetieth day after the deposit by that State of its instrument of ratification.
2. After this Convention comes into force, it shall be registered with the United Nations and with the International Civil Aviation Organization by the Government of the United States of Mexico.
Article XIV
1. After this Convention comes into force, it shall be open for accession by any State which is a Member of the United Nations or a Member of any of the Specialized Agencies.
2. Such accession shall be effected by depositing an instrument of accession with the Government of the United States of Mexico and shall take effect on the ninetieth day after the deposit of that instrument.
Article XV
1. Any of the Contracting States may denounce this Convention by notice to the Government of the United States of Mexico.
2. Such denunciation shall take effect six months after the date of receipt by the Government of the United States of Mexico of the notice of denunciation.
Article XVI
1. Any of the Contracting States may, at the time of ratification of this Convention, accession thereto, or at any subsequent time, declare by notification to the Government of the United States of Mexico that this Convention shall extend to any of the territories for whose international relations that State is responsible.
2. Ninety days after receipt by the Government of the United States of Mexico of the said notification, this Convention shall extend to the territories mentioned in that communication.
3. Any of the Contracting States may also, in accordance with the provisions of Article XV, denounce this Convention separately in respect of all or any of the territories for whose international relations it is responsible.
Article XVII
No reservations to this Convention shall be permitted.
Article XVIII
The Government of the United States of Mexico shall notify the International Civil Aviation Organization, as well as all States that are members of the United Nations or members of any of the specialized agencies:
a) of each instance of signature of this Convention and the date of such signature;
b) of the deposit of each instrument of ratification or document of accession, as well as the date of such deposit;
c) of the date of entry into force of this Convention in accordance with the first paragraph of Article XV;
d) of the receipt of each notification of denunciation and the date of its receipt;
e) of the receipt of each declaration or notification made under Article XVI, as well as the date of its receipt.
In witness whereof the undersigned duly authorized representatives have signed this Convention.
Done at Guadalajara on the eighteenth day of September, one thousand nine hundred and sixty-one, in three authentic texts in the French, English and Spanish languages. In case of disagreement, the text in the French language, in which the Warsaw Convention of 12 October 1929 ( 995_181 ) was drawn up, shall be considered the governing text. The Government of the United States of Mexico shall provide an official translation of the text of the Convention into the Russian language.
This Convention shall be deposited with the Government of the United States of Mexico and, in accordance with the provisions of Article XI, shall remain open for signature; that Government shall transmit certified copies of this Convention to the International Civil Aviation Organization and to all States that are members of the United Nations or members of any of the specialized agencies.
Official translation.
