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Protocol to Amend the Convention for the Unification of Certain Rules Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929, Done at The Hague On 28 September 1955 The Hague Protocol to the Warsaw Convention 1955 copy @ lexmercatoria.org Generated by SiSU www.jus.uio.no/sisu www.sisudoc.org Generated by SiSU [ SiSU 0.70.2 of 2008w50/2 ] www.jus.uio.no/sisu Copyright © 1997, current 2008 Ralph Amissah, All Rights Reserved. SiSU is software for document structuring, publishing and search (with object citation numbering), www.sisudoc.org SiSU is released under GPL 3 or later, <http://www.fsf.org/licenses/gpl.html>. Document information: sourcefile air.carriage.warsaw.convention.hague.protocol.1955.sst Generated by SiSU www.jus.uio.no/sisu version information: SiSU 0.70.2 of 2008w50/2 For alternative output formats of this document check: <http://www.jus.uio.no/lm//air.carriage.warsaw.convention.hague.protocol.1955/sisu_manifest.html> SiSU lexmercatoria.org ii Contents Contents Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929, Done at The Hague On 28 September 1955 (The Hague Protocol to the Warsaw Convention 1955) 1 Chapter I - Amendments to the Convention 1 Article I ........................................ 1 Article II ....................................... 1 Article III ....................................... 2 Article IV ....................................... 2 Article V ....................................... 3 Article VI ....................................... 3 Article VII ...................................... 3 Article VIII ...................................... 4 Article IX ....................................... 4 Article X ....................................... 4 Article XI ....................................... 4 Article XII ...................................... 5 Article XIII ...................................... 5 Article XIV ...................................... 6 Article XV ...................................... 6 Article XVI ...................................... 6 Article XVII ...................................... 7 Chapter II - Scope of Application of the Convention as Amended 7 Article XVIII ..................................... 7 Chapter III - Final Clauses 7 Article XIX ...................................... 7 Article XX ...................................... 7 Article XXI ...................................... 8 Article XXII ...................................... 8 Article XXIII ..................................... 8 Article XXIV ..................................... 8 Article XXV ...................................... 9 Article XXVI ..................................... 9 Article XXVII ..................................... 9 Document Information (metadata) 11 Metadata ....................................... 11 Information on this document copy and an unofficial List of Some web related information and sources 12 SiSU lexmercatoria.org iii Contents Information on this document copy ......................... 12 Links that may be of interest ............................ 12 SiSU lexmercatoria.org iv Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929, Done at The Hague On 28 September 1955 Protocol to Amend the Convention for the Unification of 1 Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929, Done at The Hague On 28 September 1955 (The Hague Protocol to the Warsaw Convention 1955) The Governments Undersigned 2 Considering that it is desirable to amend the Convention for the Unification of Cer- 3 tain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929, Have Agreed as follows: 4 Chapter I - Amendments to the Convention 5 Article I 6 In Article 1 of the Convention - 7 (a) paragraph 2 shall be deleted and replaced by the following:- 8 “2. For the purposes of this Convention, the expression international carriage means 9 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 transhipment, 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 of another State, even if that State is not a High Contracting Party. Carriage between two points within the territory of a single High 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:- 10 “3. Carriage to be performed by several successive air carriers is deemed, for the 11 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 II 12 In Article 2 of the Convention - paragraph 2 shall be deleted and replaced by the 13 following:- SiSU lexmercatoria.org 1 Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929, Done at The Hague On 28 September 1955 “2. This Convention shall not apply to carriage of mail and postal packages.” 14 Article III 15 In Article 3 of the Convention - 16 (a) paragraph 1 shall be deleted and replaced by the following:- 17 "1. In respect of the carriage of passengers a ticket shall be delivered containing: 18 (a) an indication of the places of departure and destination; 19 (b) if the places of departure and destination are within the territory of a single 20 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 effect that, if the passenger's journey involves an ultimate 21 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:- 22 “2. The passenger ticket shall constitute prima facie evidence of the conclusion 23 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, none the less, 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 1 (c) of this Article, the carrier shall not be entitled to avail himself of the provisions of Article 22.” Article IV 24 In Article 4 of the Convention - 25 (a) paragraphs 1, 2 and 3 shall be deleted and replaced by the following:- 26 "1. In respect of the carriage of registered baggage, a baggage check shall be de- 27 livered, which, unless combined with or incorporated in a passenger ticket which complies with the provisions of Article 3, paragraph 1, shall contain: (a) an indication of the places of departure and destination; 28 (b) if the places of departure and destination are within the territory of a single 29 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; SiSU lexmercatoria.org 2 Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929, Done at The Hague On 28 September 1955 (c) a notice to the effect that, if the carriage involves an ultimate destination or 30 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 baggage.” (b) paragraph 4 shall be deleted and replaced by the following:- 31 “2. The baggage check shall constitute prima facie evidence of the registration 32 of the baggage and of the conditions of the contract of carriage. The absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage which shall, none the less, be subject to the rules of this Convention. Nevertheless, if the carrier takes charge of the baggage without a baggage check having been delivered or if the baggage check (unless combined with or incorporated in the passenger ticket which complies with the provisions of Article 3, paragraph 1 (c)) does not include the notice required by paragraph 1 (c) of this Article, he shall not be entitled to avail himself of the provisions of Article 22, paragraph 2.” Article V 33 In Article 6 of the Convention - paragraph 3 shall be deleted and replaced by the 34 following:- “3. The carrier shall sign prior to the loading of the cargo on board the aircraft.” 35 Article VI 36 Article 8 of the Convention shall be deleted and replaced by the
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