Decree No 15 / 1966 Coll.
Decree of the Minister for Foreign Affairs on the Protocol amending the Convention on the Unification of Certain Rules on International Air Transport, signed in Warsaw on 12 October 1929
Valid
Effective from 01.08.1963
15
DECLARATION
Minister for Foreign Affairs
of 4 February 1966
on the Protocol amending the Convention on the unification of certain rules on international air transport, signed in Warsaw on 12 October 1929
On 28 September 1955 a Protocol was negotiated in The Hague amending the Convention on the Unification of Certain Rules on International Air Transport, signed in Warsaw on 12 October 1929, which was published under No 15 of the 1935 Reports of Acts and Regulations.
On behalf of the Czechoslovak Republic, the Protocol was signed on 28 September 1955 in The Hague. The Government gave its consent to the Protocol on 27 March 1957, approved by the National Assembly on 5 July 1957.
The President of the Republic ratified the Protocol on 31 October 1957, the instrument of ratification being deposited with the Government of the People's Republic of Poland on 23 November 1957.
Pursuant to Article XXII of the Protocol, the Protocol entered into force on 1 August 1963 and entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the Protocol is being announced simultaneously.
David v. r.
PROTOCOL
amending the Convention on the unification of certain rules on international air transport, signed in Warsaw on 12 October 1929
The Signed Governments, which consider it desirable to amend the Convention on the Unification of Certain Rules on International Air Transport, signed in Warsaw on 12 October 1929, have agreed as follows:
Amendments to the Convention
In Article 1 of the Convention -
(a) paragraph 2 shall be deleted and replaced by the following:
'2. International transport within the meaning of this Convention shall be any transport in which, under the arrangements of the Parties, the place of departure and the place of destination, whether or not traffic is interrupted, either in the territory of two High Contracting Parties or in the territory of only one High Contracting Party, where a stop is provided for in the territory of another State, even if that State is not a High Contracting Party. Without such a stop, transport between two locations in the territory of a single High Contracting Party shall not be considered as international within the meaning of this Convention. ';
(b) paragraph 3 shall be deleted and replaced by the following:
'3. Transport to be carried out gradually by several air carriers shall, for the purposes of this Convention, be deemed to be uninterrupted if the parties have been considered to be the sole exercise, whether in the form of a single contract or several contracts, and shall not cease to be of an international nature by the fact that one or several contracts are to be carried out entirely within the territory of the same State. '
In Article 2 of the Convention -
paragraph 2 is deleted and replaced by the following:
'2. This Convention shall not apply to the carriage of letters and postal packages. ';
In Article 3 of the Convention -
(a) paragraph 1 shall be deleted and replaced by the following:
"1. A ticket containing:
(a) the designation of departure and destination points;
(b) if the points of departure and destination lie in the territory of a single High Contracting Party and if one or more stops are foreseen in the territory of another State, the designation of at least one of those stops;
(c) a notice warning that the carriage of passengers on a journey the final destination or stop of which lies in a country other than the country of departure may be subject to the Warsaw Convention, which regulates and, in most cases, limits the responsibility of the carrier for killing or killing on the body, as well as the loss or damage of luggage. "
(b) paragraph 2 shall be deleted and replaced by the following:
'2. If the opposite is not proved, the ticket is proof of the conclusion and conditions of the transport contract. The missing ticket, its inaccuracy or loss does not affect either the existence or validity of the transport contract for which the provisions of this Convention will apply. However, if, with the agreement of the carrier, a passenger enters the aircraft without a ticket being issued to him or if the ticket does not contain the warning provided for in paragraph 1 (c) of this Article, the carrier shall not be entitled to invoke the provisions of Article 22. ';
In Article 4 of the Convention -
(a) paragraphs 1, 2 and 3 are deleted and replaced by the following:
"1. In the case of transport of baggage, a baggage handbook shall be issued which, if it is not linked to a ticket complying with the provisions of Article 3 (1) or is not included in the ticket, shall include:
(a) the designation of departure and destination points;
(b) if the point of departure and destination lies in the territory of a single High Contracting Party and one or more stops are foreseen in the territory of another State, the designation of at least one of those stops;
(c) a notification warning that a shipment whose final destination or stop lies in a country other than the country of departure may be subject to the Warsaw Convention which regulates and in most cases limits the carrier's liability for loss or damage to baggage. "
(b) paragraph 4 is deleted and replaced by the following:
'2. The luggage guide is, unless proven otherwise, proof of the registration of the luggage and the conditions of the transport contract. The missing guide, its imperfection or loss shall not affect either the existence or validity of the transport contract for which the provisions of this Convention shall apply. However, if the carrier of the baggage, without a guide being issued, or if it does not contain a guide [unless it is associated with a ticket or contained in a ticket complying with the provisions of Article 3 (1) (c)], the notification required under paragraph 1 (c) of this Article shall not be entitled to invoke the provisions of Article 22 (2). '
In Article 6 of the Convention -
paragraph 3 is deleted and replaced by the following:
'3. The carrier must sign before the goods are loaded on the aircraft. '
Article 8 The Convention is repealed and replaced by the following:
"The air waybill shall include:
(a) the designation of departure and destination points;
(b) if the points of departure and destination lie in the territory of a single High Contracting Party and one or more stops are foreseen in the territory of another State, the designation of at least one of the following:
(c) a notice warning by shippers that, if the transport has its final destination or stop in a country other than the country of departure, it may be covered by the Warsaw Convention which regulates and in most cases limits the liability of carriers for loss or damage to goods. "
Article 9 The Convention is repealed and replaced by the following:
"Where goods are loaded on an aircraft under the agreement of the carrier, without an air waybill being issued, or if this consignment note does not contain the warning provided for in Article 8 (c), the carrier shall not be entitled to invoke the provisions of Article 22 (2). ';
Article 10 of the Convention -
paragraph 2 is deleted and replaced by the following:
'2. The consignor shall be liable for any damage suffered by the carrier or any other person to whom the carrier is liable because the consignor's data and declarations were incorrect, inaccurate or incomplete. ';
Article 15 of the Convention -
the following paragraph is added:
'3. Nothing in this Convention shall prevent the issue of a transferable air waybill. '
Paragraph 2 of Article 20 of the Convention is deleted.
Article 22 The Convention shall be repealed and replaced by the following:
"Article 22
1. When transporting persons, the liability of the carrier for each passenger shall be limited to two hundred fifty thousand francs. If, under the rule of law of the court to which the case has been brought, it is necessary to provide for a pension allowance, the principal of the pension must not exceed two hundred and fifty thousand francs. However, a passenger may establish a higher liability limit by means of a special convention with the carrier.
2.a) For the transport of hold baggage and cargo, the liability of the carrier shall be limited to two hundred fifty francs per kilogram, if the passenger or consignor does not do so, to surrender the consignment to the carrier, a special declaration of interest for delivery to the place of destination and does not pay, where appropriate, the relevant fee. In this case, the carrier shall be obliged to pay up to the amount declared unless it is demonstrated that this amount is higher than the actual interest of the passenger or consignor for delivery to the destination.
(b) Where the loss, damage or delay of a part of the baggage or cargo entered or of any object contained therein occurs, only the total weight of the consignment or consignments concerned shall be taken into account when establishing the carrier's liability limit. However, where the loss, damage or delay of a part of the baggage or cargo entered or contained therein is affected by the value of other consignments covered by the same baggage guide or by the same air waybill, the total weight of such consignments shall be taken into account when determining the limit of liability.
3. The liability of the carrier shall be limited to five thousand francs per passenger in respect of the items which the passenger is carrying himself.
4. The border provided for in this Article shall not prevent a court from admitting, in addition to its legal order, an amount corresponding to, in whole or in part, the legal costs or other procedural expenses incurred by the applicant. This provision shall not apply if the amount of compensation awarded, not including legal costs and other procedural expenses, does not exceed the amount offered in writing by the carrier to the applicant within six months of the date of the event causing the damage or, if later, before the start of the proceedings.
5. The amounts referred to in this Article in francs shall be expressed in a currency unit equal to sixty-five and a half milligram of gold of a purity of nine hundred thousand. These amounts may be converted into any national currency in rounded numbers. In the absence of gold national currencies, such amounts shall be transferred in the case of legal proceedings according to the value of those currencies in gold on the day of the judgment. ';
In Article 23 of the Convention, the present provision becomes paragraph 1 and paragraph 2 is added as follows:
'2. Paragraph 1 of this Article shall not apply to clauses relating to loss or damage resulting from the nature or own defect of the cargo being carried. ';
Article 25 of the Convention
paragraphs 1 and 2 are deleted and replaced by the following:
"The limits of liability laid down in Article 22 shall not apply where it is established that the damage is due to an act or omission of the carrier or its staff, which they have committed either with the intention of causing damage or unwisely and knowing that the damage is likely to arise, but if the action or omission of the staff is also demonstrated that they have acted in the performance of their duties. '
The following Article is inserted after Article 25 of the Convention:
1. Where an action is brought against a carrier's staff member for damage covered by this Convention, that staff member may, if he has acted in the course of his service, apply the limits of liability which the carrier itself may rely on pursuant to Article 22.
2. In such cases, the total amount of compensation which may be so received from the carrier and its staff may not exceed the said limits.
3. The provisions of paragraphs 1 and 2 of this Article shall not apply where it is demonstrated that the damage was caused by an act or omission of a staff member who has been committed either with the intention of causing damage or unwisely and knowing that the damage is likely to result. ';
In Article 26 of the Convention -
paragraph 2 is deleted and replaced by the following:
'2. In the event of damage, the recipient shall send the carrier a complaint as soon as the damage has been found, within seven days at the latest, if it is for baggage and within 14 days, if it is for cargo, as from receipt. In the event of delay, the complaint shall be made no later than 21 days from the date on which the baggage or cargo was transmitted. ';
Article 34 The Convention is repealed and replaced by the following:
"The provisions of Articles 3 to 9 on transport documents shall not apply to transport carried out in exceptional circumstances outside the scope of any normal air traffic activity. ';
The following Article is inserted after Article 40 of the Convention:
1. In Article 37 (2) and Article 40 (1), the term "High Contracting Party 'means a State. In all other cases, the term High Contracting Party means a State whose ratification or accession to the Convention has become effective and whose denunciation has not become effective.
2. For the purposes of the Convention, the word "territory" means not only its own territory, but also all territories represented by that State in foreign relations. '
Scope of the amended Convention
Convention as amended by: The Protocol shall apply to international transport as defined in Article 1 of the Convention where the points of departure and destination lie either in the territory of the two States Parties to this Protocol or in the territory of the only State Party to this Protocol where a stop is provided for in the territory of another State.
Final provisions
The Convention and the Protocol shall form and be interpreted as a single document between the Parties to this Protocol and shall be referred to as the Warsaw Convention as amended by the Hague in 1955.
Pending the entry into force of the provisions of Article XXII (1), this Protocol shall remain open for signature for any State which ratifies or accedes to the Convention by that date and for any State which participated in the Conference at which this Protocol was adopted.
This Protocol shall be submitted for ratification to the signatory States.
2. If this Protocol is ratified by a State which is not a Party to the Convention, that State shall accede to the Convention amended by this Protocol.
3. The instruments of ratification shall be deposited with the Government of the People's Republic of Poland.
1. Once this Protocol has been ratified by the thirty States that signed it, it will become effective on the 90th day following the deposit of the 30th instrument of ratification. Any State which ratifies it later shall take effect on the 90th day following the deposit of its instrument of ratification.
2. As soon as this Protocol enters into force, it will be registered with the United Nations by the Government of the People's Republic of Poland.
1. Upon entry into force, this Protocol shall remain open to any State which has not signed it.
2. If a State which is not a Party to the Convention accedes to this Protocol, this shall be deemed to be an access to the Convention amended by this Protocol.
3. This Decision shall enter into force on the date of its adoption.
1. Each Party may terminate this Protocol by notifying the Government of the People's Republic of Poland.
2. The denunciation shall take effect six months after the Government of the People's Republic of Poland has received notification of the denunciation.
3. The denunciation of the Convention shall not be construed between the Parties to this Protocol by one of them in accordance with Article 39 as the denunciation of the Convention as amended by this Protocol.
1. This Protocol shall apply to all territories which are represented by the State Party in foreign relations, except those which have been declared in accordance with paragraph 2 of this Article.
2. Each State, imposing its instrument of ratification or accession, may declare that the adoption of this Protocol does not concern one or more territories which it represents in foreign relations.
3. Each State may at a later date notify the Government of the People's Republic of Poland that this Protocol shall apply to one or more territories which have been the subject of a declaration made pursuant to paragraph 2 of this Article. Such notification shall take effect on the 90th day following receipt by the Government.
4. Any State Party may, in accordance with the provisions of Article XXIV (1), terminate the Protocol separately for any territory which it represents in foreign relations.
This Protocol may not be the subject of reservations, but any State may at any time declare by notification to the Government of the People's Republic of Poland that the Convention as amended by this Protocol will not apply to the carriage of persons, cargo and baggage carried out for its military offices by aircraft registered in its register, provided that the full capacity of such aircraft is reserved for or on their behalf.
The Government of the People's Republic of Poland shall immediately notify the governments of all States that have signed the Convention or this Protocol, of all States Parties to the Convention or this Protocol and of all Member States of the International Civil Aviation Organisation or of the United Nations and of the International Civil Aviation Organisation:
(a) any signature of this Protocol and the date of signature;
(b) the deposit of any instrument of ratification or accession to this Protocol and of the date on which it was adopted;
(c) the date on which this Protocol takes effect pursuant to paragraph 1 of Article XXII;
(d) any notification of the statement and the date of its receipt;
(e) any declaration or notification made pursuant to Article XXV and the date of its adoption;
(f) any notification made pursuant to Article XXVI and the date of its adoption.
In evidence signed by agents, duly authorised, they signed this Protocol.
Dane in The Hague on the 28th day of September in the year of the 185th in the three original versions in French, English and Spanish.
If these texts do not conform, the operative text will be in the French language in which the Convention was drawn up.
This Protocol shall be deposited with the Government of the People's Republic of Poland, with which it shall remain open for signature under the provisions of Article XX, and that Government shall forward certified copies of this Protocol to the governments of all States which have signed the Convention or this Protocol, and to all States Parties to this Convention or this Protocol and to all States which are members of the International Civil Aviation Organisation or the United Nations, as well as to the International Civil Aviation Organisation.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 15 / 1966 Coll., on the Protocol amending the Convention on the Unification of Certain Rules on International Air Transport, signed in Warsaw on 12 October 1929 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.1966 |
|---|---|
| Effective from | 01.08.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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