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The Convention of Warsaw is an international convention which governs any international transport people, luggage or goods, carried out by aircraft subject to remuneration.

This article shows the principal elements of the Convention of Warsaw signed the October 12th 1929 with Warsaw then amended in 1933, 1955 and 1966.

1

The Convention of Warsaw applies to any international transport people, luggage or goods, accomplished by Aéronef subject to remuneration. It also applies to the free transport accomplished by Aéronef by an air haulage company.

Is qualified international transport , within the meaning of Convention, any transport in which, the starting point and the place of destination, which there is or not interruption of transport or transshipment, are located either on the territory of two High Contracting parties, or on the territory of only one High Contracting party, if a stopover is envisaged in a territory subjected to the sovereignty or the authority of another Power even not Contractante. Transport without such a stopover is not regarded as international within the meaning of Convention.

Transport to be carried out by several successive conveyers by air is supposed to constitute for the application of this Convention a single transport when it was considered by the parts like only one operation, that it was concluded in the form from only one contract or of a series of contracts and it does not lose its international character by the fact that only one contract or a series of contracts must be carried out completely in a territory subjected to the sovereignty or the authority of the same High Contracting party.

2

In the passenger transport, the conveyer is held to deliver a ticket of passage which must contain the following mentions:

the place and the date of the emission;
destination and starting points;
stops envisaged, subject to faculty for the conveyer to stipulate that it will be able to modify them in the event of need and without this modification being able to make lose with transport its international character;
the name and the address of the conveyers;
the indication which transport is subjected to the mode of the responsibility established by Convention.

The absence, the irregularity or the loss of the ticket affect neither the existence, nor the validity of the contract of carriage, which will not be subject of it to the rules of Convention. However if the conveyer accepts the traveller without it being delivered a ticket of passage, it will not have the right to be prevailed of the provisions of this Convention which exclude or limit its responsibility.

3

In the transport of luggage, others that the menus personal objects whose traveller preserves the guard, the conveyer is held to deliver a baggage check .

The baggage check is established in two specimens, one for the traveller, the other for the conveyer.

It must contain the following mentions:

the place and the date of the emission;
destination and starting points;
the name and the address of the conveyers;
the number of the ticket of passage;
the indication which the delivery of the luggage is made with the carrier dubulletin;
the number and the weight of the parcels;
the amount of the declared value;
the indication which transport is subjected to the mode of the responsibility established by Convention.

The absence, the irregularity or the loss of the bulletin affect neither the existence, nor the validity of the contract of carriage which will not be subject of it to the rules of Convention. However if the conveyer accepts the luggage without it being delivered a bulletin or if the bulletin does not contain the number of the ticket of passage, the number and the weight of the parcels or the indication which transport is subjected to the mode of the responsibility established by Convention for Warsaw, the conveyer will not have the right to prevail himself of the provisions of this Convention which exclude or limit its responsibility.

4

Article 17. The conveyer is responsible for the damage which has occurred in the event of death, wound or any other body lesion undergone by a traveller when the accident which because the damage occurred on board the Aéronef or during all operations of loading and unloading.

5

Article 18.

1.Le conveying is responsible for the damage which has occurred in the event of destruction, loss or damages recorded luggage or goods when the event which acausé the damage occurred during air transport.

2.Le air transport, within the meaning of the preceding subparagraph, includes/understands the period during which the luggage or goods are under the guard of the conveyer, who it is in a Aérodrome or on board a Aéronef or in an unspecified place in the event of landing apart from a Aérodrome.

3.La period of air transport does not cover any surface transport, maritime or river accomplished apart from a Aérodrome. However when such a transport is accomplished in the execution of the contract of air carriage for loading, of the delivery or the transshipment, any damage is supposed, except contrary proof, to result from an event which has occurred during air transport.

6

Article 19. The conveyer is responsible for the damage resulting from a delay in air transport travellers, luggage or goods.

7

The conveyer is not responsible if it proves that him and its employees took all the necessary measures to avoid the damage or that it was impossible for them to take them.

In goods transport and luggage, the conveyer is not responsible, if it proves that the damage comes from a fault of piloting, control of the Aéronef or navigation, and that, with all other regards, him and its employees took all the necessary measures to avoid the damage.

8

If the conveyer makes the proof that the fault of the person injured because the damage or contributed to it, the court will be able, in accordance with the provisions of its own law, to draw aside or attenuate the responsibility for the conveyer.

9

In the transport of the people, the responsibility for the conveyer towards each traveller is limited to the sum for 140.000 Euro S approximately. In the case where, according to the law of the seized court, the allowance can be fixed in the form of revenue, the capital of the revenue cannot exceed this limit. However by a special convention with the conveyer, the traveller will be able to fix a limit of higher responsibility.

In the transport of recorded luggage and goods, the responsibility for the conveyer is limited to the sum for 23 Euro S by Kilogram approximately, except special declaration of interest to the delivery made by the shipper at the time of the handing-over of the parcel to the conveyer and with the help of the payment of a possible additional levy. In this case, the conveyer will be held to pay until competition of the declared sum, unless it does not prove that it is higher than the real interest of the shipper to the delivery.

With regard to the objects whose traveller preserves the guard, the responsibility for the conveyer is limited to 1.400 Euro S approximately by traveller.

10

Any clause tending to exonerate the conveyer of its responsibility or to establish a limit lower than that which is fixed in Convention is null and of no effect, but the nullity of this clause does not involve the nullity of the contract which remains subjected to the provisions of Convention.

11

The reception of the luggage and goods without protest by the recipient will constitute presumption, except contrary proof, that the goods were delivered in good state and in accordance with the transport document.

In the event of damage the recipient must address to the conveyer a protest immediately after the discovery of the damage and, at the latest, within a three days of for the luggage and seven days for the goods from their reception. In the event of delay, the protest will have to be made at the latest in the fourteen days from the day when the luggage or the goods will have been placed at its disposal.

Any protest must be made by reserve registered on the transport document or by another writing dispatched within the time planned for this protest.

In the absence of protest in the intended deadlines, all actions against the conveyer are inadmissible, except the case of fraud of this one.

12

The action responsibility will have to be carried, with the choice of the applicant, in the territory of one of the High Contracting parties, is in front of the court of the residence of the conveyer, of the principal seat of its exploitation or from the place where it has an establishment by the care of which the contract was concluded, that is to say in front of the court of the destination.

The procedure will be regulated by the law of the seized court.

13

The action of responsibility must be brought, under penalty of forfeiture, within two year as from the arrival with destination or of the day when the Aéronef should have arrived, or of the stop of transport.

The mode of the calculation of the time is determined by the law of the seized court.

See too

Simple: Warsaw Convention

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