Convention for the Unification of Certain Rules for International Air Transport
(signed in Warsaw on October 12, 1929) (effective from February 13, 1933)
The State party considers that the conditions for international air transport have a uniform requirement in terms of the documents used and the liability of the carrier. To this end, the plenipotentiaries of the factions have been duly authorized to enter into this Convention as follows:
Chapter 1 Scope and Definition
First
This Convention applies to all international shipments that are paid for the carriage of passengers, baggage or cargo by aircraft. This Convention also applies to free transport by air transport companies with aircraft.
(2) The meaning of "international transport" referred to in this Convention is: in accordance with the contract of the parties concerned, whether or not there is a break or transshipment in transit, the place of origin and destination is in two or non-parties Any territory within the territory under the jurisdiction of sovereignty, sovereignty, appointment, or power has an agreed stopover location. Territorial transport under the jurisdiction of sovereignty, sovereignty, appointment, or power of the same State Party, without the place of such an agreement, is not internationally transported for this Convention.
(3) The transportation handled by several consecutive air carriers, if considered by the parties to the contract to be a single business activity, whether in the form of a contract or a series of contracts, the application of this Convention It is said that it should be a single transport and does not lose its international character because one of the contracts or a series of contracts is fully performed in the territory under the jurisdiction, sovereignty, appointment or power of the same State Party.
Second
(1) This Convention applies to transportation carried out by a State or other public corporation under the conditions specified in Article 1.
(2) This Convention does not apply to transportation in accordance with the provisions of the International Postal Convention.
Chapter II Transport Documents
Section 1 Ticket
Article 3
(1) The carrier must issue a ticket when transporting passengers. The ticket should include the following items:
(1) The place and date of ticketing;
(2) the place of departure and the destination;
(3) The agreed stopover location, but the carrier reserves the right to change the place of the stop when necessary, and the carrier shall not exercise the international nature of the transport due to such change;
(4) the name and address of the carrier;
(5) Declaring that transportation shall be subject to the liability system provided for in this Convention.
(2) If there is no ticket, or the ticket is not in compliance or the ticket is lost, it does not affect the existence and validity of the contract of carriage. This contract of carriage will still be subject to the rules of this Convention. However, if the carrier carries the passenger without issuing a ticket, the carrier has no right to invoke the provisions of this Convention concerning the exemption or limitation of the carrier's liability.
Section 2 Baggage Tickets
Article 4
(1) When transporting baggage, the carrier must issue a baggage ticket in addition to the small personal items kept by the passenger.
(2) Baggage tickets shall be prepared in duplicate, one for the passenger and one for the carrier.
(3) The baggage ticket shall include the following items:
(1) The place and date of ticketing;
(2) the origin and destination;
(3) the name and address of the carrier;
(4) the number of the ticket;
(5) Declaring that the baggage will be handed over to the baggage ticket holder;
(6) The number and weight of luggage;
(7) The value stated in accordance with Article 22(2);
(8) Declaring that transportation shall be subject to the liability system provided for in this Convention.
(4) If there is no baggage ticket, or the baggage ticket is not in compliance or the baggage ticket is lost, it does not affect the existence and validity of the contract of carriage. This contract of carriage will still be subject to the rules of this Convention. However, if the carrier accepts the baggage without issuing a baggage check, or if the baggage check does not include the above items (4)(vi)(8), the carrier has no right to invoke the provisions of this Convention concerning the exemption or limitation of the carrier's liability. Section III Air Waybill
The fifth
(1) The cargo carrier has the right to require the shipper to complete a voucher called an "air waybill", and the shipper has the right to require the carrier to accept the certificate.
(2) However, if there is no such certificate, or if the certificate is not in compliance or the certificate is lost, it does not affect the existence and validity of the contract of carriage. Except as otherwise provided in Article 9, this contract of carriage is also subject to the rules of this Convention.
Article 6
(1) The shipper shall fill in the air waybill in three copies and deliver the goods to the carrier.
(2) The first part states "the carrier" and is signed by the shipper; the second part is "the consignee", signed by the shipper and the carrier and attached to the goods; the third is carried by the carrier. The person signs the goods and gives them to the shipper.
(3) The carrier should sign when accepting the goods.
(4) The carrier's signature may be replaced by a stamp, and the shipper's signature may be printed or replaced with a stamp.
(5) If the carrier completes the air waybill at the request of the shipper, it shall be filled in on behalf of the shipper if there is no evidence to the contrary.
Article 7
If there is more than one item, the carrier has the right to ask the shipper to fill out the air waybill separately.
eighth
The following items should be included on the air waybill:
(1) The place and date of filling in the air waybill;
(2) the origin and destination;
(3) The agreed stopover location, but the carrier reserves the right to change the place of the stop when necessary, and the carrier shall not exercise the international nature of the transport due to such change;
(4) the name and address of the shipper;
(5) the name and address of the first carrier;
(6) The name and address of the consignee shall be indicated when necessary;
(7) the nature of the goods;
(8) The number of packages, packaging methods, special signs or numbers;
(9) the weight, quantity, volume or size of the goods;
(10) the appearance of the goods and packaging;
(11) If the freight has been agreed, the freight amount, date and place of payment, and payer should be stated;
(12) If it is cash on delivery, the price of the goods shall be stated, and if necessary, the fees payable shall be stated;
(13) The value declared in accordance with Article 22(2);
(14) The number of copies of the air waybill;
(15) The voucher submitted to the carrier along with the air waybill;
(16) If agreed, the transportation period shall be stated and the route to be followed shall be outlined;
(17) Declaring that transportation shall be subject to the liability system provided for in this Convention.
Article 9
If the carrier accepts the goods without completing the air waybill, or if the air waybill does not include items 8 (1) to (9) and (17), the carrier has no right to invoke this Convention for the exemption or limitation of the carrier. Responsibility provisions.
Article 10
(1) The shipper shall be responsible for the correctness of the instructions and statements regarding the goods on the air waybill.
(2) The shipper shall be liable for all losses suffered by the carrier or any other person because these instructions and statements are unqualified, incorrect, or incomplete.
Article 11
(1) In the absence of evidence to the contrary, an air waybill is proof of the contract, the acceptance of the goods and the conditions of carriage.
(2) In the absence of evidence to the contrary, the description of the weight, size and packaging of the goods and the number of pieces in the air waybill shall be deemed to be true. Unless the carrier and the shipper check in person and indicate in the air waybill that they have been checked, or the description of the appearance of the goods, the description of the quantity, volume and condition of the goods shall not constitute evidence of adverse carrier.
Article 12
(1) The shipper has the right to return the goods at the originating or destination air station at the place of departure or at the destination air station, or to suspend the transport, or at the destination or transport, when transiting on the way, subject to all obligations under the contract of carriage. On the way, hand it over to the consignee designated on the non-air waybill, or request that the goods be returned to the originating air station, but the carrier or other shipper shall not be harmed by the exercise of this right, and the resulting All expenses.
(2) If the shipper's instructions cannot be executed, the carrier should immediately notify the shipper.
(3) If the carrier processes the goods in accordance with the shipper's instructions and does not require the shipper to present the air waybill he has executed, and thus the legal owner of the air waybill suffers losses, the carrier shall be responsible, but not Obstructing the carrier's right to claim compensation from the shipper.
(4) When the consignee's rights begin under the provisions of Article 13, the shipper's rights are terminated, but if the consignee refuses to accept the shipper or the goods, or cannot contact the consignee, the shipper will resume His right to deal with the goods.
Article 13
(1) Except as listed in the above article, the consignee has the right to request the carrier to hand over the air waybill and issue it to the destination after the goods arrive at the destination and after paying the payables and fulfilling the conditions of carriage listed on the air waybill. goods.
(2) Unless otherwise agreed, the carrier shall notify the consignee immediately upon arrival of the goods.
(3) If the carrier acknowledges that the goods have been lost or that the goods have not arrived seven days after the date of arrival, the consignee has the right to exercise the rights conferred by the contract of carriage on the carrier.
Article 14
The shipper or the consignee may exercise all the rights conferred by Articles 12 and 13 respectively in their own name, subject to the obligations stipulated in the contract, whether for the benefit of themselves or others.
Article 15
(1) Articles 12, 13 and 14 do not affect the shipper's relationship with the shipper or consignee to the shipper, nor between third parties who obtain rights from the shipper or consignee. Relationship.
(2) All provisions different from the provisions of Articles 12, 13 and 14 shall be clearly defined in the air waybill.
Article 16
(1) The shipper shall provide all necessary information to complete customs, tax or public security procedures before the goods are delivered to the consignee and shall attach the necessary relevant documents to the air waybill. The shipper shall be liable to the carrier for any loss caused by the lack, inadequacy or non-compliance of such information or documents due to the fault of the carrier or its agent.
(2) The carrier has no obligation to check whether such information or documents are correct or complete.
Chapter III Carrier's Responsibility
Article 17
The carrier shall be liable for any loss caused by death, injury or any other physical damage to the passenger if the accident causing such loss occurs on or in the aircraft.
Article 18
(1) For any loss of damage, loss or damage to any registered baggage or cargo, the carrier shall be liable if the accident causing such loss occurs during air transport.
(2) The meaning of air transport referred to in the preceding paragraph includes the period during which the baggage or cargo is kept in the carrier's custody, whether at the airport, on the aircraft or at any place outside the air station.
(3) The period of air transportation does not include any land, sea or river transportation outside the air station. However, if such transportation is for the purpose of fulfilling an air cargo contract for loading, delivery or transshipment, any loss should be considered as a result of an accident during air transportation, unless there is evidence to the contrary.
Article 19
The carrier shall be liable for damages caused by delays in the carriage of passengers, baggage or cargo.
Article 20
(1) The carrier is irresponsible if it proves that he and his agent have taken all necessary measures to avoid the occurrence of the loss or if it is impossible to take such measures.
(2) When transporting goods and baggage, if the carrier proves that the loss occurred due to the fault in the operation of the vehicle, the operation of the aircraft or the navigation, the carrier and his agent have taken all necessary measures in all other respects. When you avoid losses, you are not responsible.
Article 21
If the carrier proves that the loss was caused or contributed to by the victim's fault, the court may, in accordance with its legal provisions, waive or mitigate the carrier's liability.
Article 22
(1) When transporting passengers, the carrier's liability for each passenger is limited to 125,000 francs. If, in accordance with the law of the court of acceptance, the loss can be paid in instalments, the total value of the payment must not exceed this limit, but the passenger may impose a higher liability limit based on his special agreement with the carrier.
(2) When transporting registered baggage and cargo, the carrier's liability for baggage or cargo is limited to 250 francs per kilogram, unless the shipper specifically states that the baggage or cargo is delivered after delivery. Value and pay the necessary surcharges. In this case, the carrier is not responsible for the amount stated, unless the carrier proves that the shipper's stated amount is higher than the actual value of the baggage or the goods arrived.
(3) Regarding the articles kept by the passengers themselves, the carrier's liability to each passenger is limited to 5,000 francs.
(4) The above-mentioned franc refers to a French franc containing 65.5 milligrams of gold in nine hundred thousandths of a thousandths. This amount can be converted into an integer of any country's currency.
Article 23
An attempt to waive the carrier's liability or to establish a clause that is less than the limit of liability set forth in this Convention shall not be effective, but the contract is still bound by the provisions of this Convention and does not invalidate.
Article 24
(1) If the circumstances specified in Articles 18 and 19 are met, regardless of their basis, all proceedings relating to liability may only be made in accordance with the conditions and limits set out in this Convention.
(2) If the circumstances specified in Article 17 are met, the above provisions shall apply, without prejudice to determining who has the right to sue and their respective rights.
Article 25
(1) If the loss occurs because of the carrier's intentional misconduct, or because of the carrier's fault, and according to the law of the court, the fault is considered to be an intentional misconduct and the carrier has no right to invoke this Convention. Provisions regarding the exemption or limitation of carrier liability.
(2) Similarly, if the loss caused by the above circumstances is caused by one of the carrier's agents in the performance of his duties, the carrier has no right to invoke such a provision.
Article 26
(1) Unless there is evidence to the contrary, if the recipient does not object to the receipt of the baggage or the goods, it is considered that the baggage or the goods have been delivered in good condition and in accordance with the shipping certificate.
(2) If there is any damage, the recipient should immediately object to the carrier after the damage is found. If it is baggage, it should be submitted within three days after the baggage is received. If it is the goods, it should be collected at the latest. Raised in the next seven days. If there is a delay, the objection shall be filed no later than 14 days from the date the baggage or the goods are handed over to the recipient.
(3) Any objection shall be written on the transport document within the prescribed time limit or otherwise filed.
(4) Unless the carrier has fraudulent acts, if the objection is not filed within the prescribed time limit, the carrier cannot be prosecuted.
Article 27
If the debtor dies, the litigation relating to liability within the scope of this Convention may be brought to the debtor's right heir.
Article 28
(1) The lawsuit for compensation shall be filed in the territory of a Contracting State in the territory of a Contracting State at the place where the carrier's domicile or its general management office or the institution where the contract was signed, or at the destination court.
(2) The proceedings shall be handled in accordance with the law of the court.
Article 29
(1) The lawsuit shall be filed from the date of arrival of the aircraft to the destination, or on the date of arrival, or within two years from the date of suspension of the transportation, otherwise the right of recourse will be lost.
(2) The calculation method of the time limit for litigation is determined according to the law of the court.
Article 30
(1) In accordance with the carriage of several consecutive carriers as stipulated in Article 1(3), each carrier accepting passengers, baggage or cargo shall be bound by the provisions of this Convention and shall be dealt with in the contract. Within the scope of a section of transportation, as a contracting party to the contract of carriage.
(2) In the case of transportation of this nature, the passenger or his representative may only sue the carrier of the carriage for which an accident or delay occurred, unless expressly provided that the first carrier shall be responsible for the entire journey.
(3) As for baggage or cargo, the shipper has the right to sue the first carrier, and the consignee who has the right to take the baggage or the goods has the right to sue the final carrier. In addition, both the shipper and the consignee can sue a carrier for a shipment that has been destroyed, lost, damaged or delayed. These carriers should be jointly and severally liable to the shipper and the consignee.
Chapter IV Provisions on Joint Transportation
Article 31
(1) For the carriage of part of the air transport and part of the transport by other means of transport, the provisions of this Convention shall apply only to the air transport part that meets the first condition.
(2) In joint transport, subject to the provisions of this Convention in the air transport section, this Convention does not prevent the parties from including the conditions for other modes of transport on the air transport document.
Chapter V General and Final Terms
Article 32
Any provision of the contract of carriage and any special agreement prior to the occurrence of the loss shall not be effective if the parties to the contract of carriage violate the rules of this Convention, whether by selecting the applicable law or changing the jurisdiction. However, within the scope of this Convention, the carriage of goods may have an arbitration clause if such arbitration takes place in the jurisdiction of the court as provided for in Article 28(1).
Article 33
This Convention does not preclude the carrier from refusing to enter into any contract of carriage or to establish regulations that are incompatible with the provisions of this Convention.
Article 34
This Convention does not apply to international air transport by air transport agencies for the purpose of setting up official routes for trial flights, nor for transport under special circumstances beyond normal air transport operations.
Article 35
"Day" as used in this Convention means continuous days, not working days.
Article 36
This Convention is written in French and deposited in the archives of the Polish Ministry of Foreign Affairs, and a copy of the official certification is sent by the Polish Government to the Contracting Governments.
Article 37
(1) This Convention is subject to ratification. The instrument of ratification shall be deposited in the archives of the Polish Ministry of Foreign Affairs and notified to the Contracting Governments by the Polish Ministry of Foreign Affairs.
(2) This Convention, once ratified by the five Contracting States, shall enter into force between the ratifying States on the ninetieth day after the deposit of the fifth instrument of ratification. It will take effect between the depositing State and the approved States from the ninetieth day after the deposit of the instrument of ratification by each ratifying State.
(3) The Government of the Republic of Poland shall notify the Contracting Government of the date of entry into force of this Convention and the date of deposit of each instrument of ratification.
Article 38
(1) Any country may join at any time after the entry into force of this Convention.
(2) To access this Convention, a notice must be sent to the Government of the Republic of Poland, and the Government of the Republic of Poland should notify the Contracting Governments.
(3) To accede to this Convention and take effect on the ninetieth day after the notice is served on the Government of the Republic of Poland.
Article 39
(1) Any Contracting State may notify the Government of the Republic of Poland in writing of its denunciation of this Convention and the Government of the Republic of Poland shall immediately notify the Contracting Governments.
(2) Withdrawal from this Convention shall take effect at the expiration of six months after the notification has been withdrawn, and shall only take effect in the State where the withdrawal is declared.
Article 40
(1) At the time of signature, or at the time of deposit of an instrument of ratification or by notice of accession, a Contracting State may declare that the Convention accepted does not apply to all or part of its colonies, places of protection, places of appointment or other jurisdictions under its sovereignty or authority. Any territory under or any other territory under the jurisdiction of its sovereignty.
(2) A Contracting State may thereafter join, in whole or in part, the colony, place of protection, appointment of a ruling or other territory under its sovereignty or power, or any territory under its sovereignty, except for the original declaration. .
(3) A State Party may also declare, in accordance with the provisions of this Convention, all or part of its colonies, protected areas, appointed ruling areas or any other territory under its sovereignty or authority or any other territory under its sovereignty. Withdraw from this Convention.
Article 41
Each State Party may, after two years of entry into force of this Convention, request a new international conference to seek possible improvements to this Convention. To this end, the State should inform the Government of the French Republic that the Government of the French Republic has taken the necessary measures to prepare for the meeting.
This Convention was signed in Warsaw on October 12, 1929. The deadline for signing is January 31, 1930.
Additional Protocol (on Article 2)
When ratifying or acceding, the State party reserves the right that article 2 (1) of this Convention does not apply directly to its State, its colonies, the place of protection, the place of appointment or any other territory under its sovereignty, sovereignty or power. The right to international air transport.