Decree of the Minister of Foreign Affairs No. 27 / 1968 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Unification of Certain Rules concerning International Carriage by Air by a Person other than a Contracting Carrier, supplementing the Warsaw Convention
Valid
Effective from 25.10.1967
27
DECLARATION
Minister for Foreign Affairs
of 31 January 1968
concerning the Convention on the Unification of Certain Rules concerning International Carriage by Air by a Person other than a Contracting Carrier, supplementing the Warsaw Convention
On 18 September 1961, in Guadalajara, the Convention on the Unification of Certain Rules on International Carriage by Air was negotiated by a person other than a Contracting Carrier, supplementing the Warsaw Convention.
The President of the Republic ratified the Convention and the instrument of ratification was deposited with the Government of the United States of Mexico, depositary of the Convention, on 27 July 1967.
The Convention entered into force on 1 May 1964 on the basis of its Article XIII (1). It entered into force for the Czechoslovak Socialist Republic on 25 October 1967.
The Czech translation of the Convention is being announced simultaneously.
David v. r.
CONVENTION
on the unification of certain rules concerning international carriage by a person other than a contracting carrier, supplementing the Warsaw Convention
States which have signed this Convention
Knowing that the Warsaw Convention does not contain specific rules governing international air transport by a person not party to the contract of carriage; and
Having regard to the proposal from the European Commission,
In this Convention:
(a) "Warsaw Convention" shall mean the Convention on the Unification of Certain Rules on International Carriage by Air signed in Warsaw on 12 October 1929 or the Warsaw Convention as amended in The Hague 1955, whichever is the subject of the contract referred to in paragraph (b);
(b) "contract carrier" means a person who has entered into a transport contract as an entrepreneur under the Warsaw Convention with a passenger or consignor or a person acting on behalf of a passenger or consignor;
(c) "actual carrier" means a person other than a contracting carrier who, under the authority of the contracting carrier, carries out all or part of the transport referred to in (b) but who, taking into account such participation, is not the successor of the carrier within the meaning of the Warsaw Convention. Such authorisation shall be presumed if it is not demonstrated otherwise.
Where the actual carrier carries out all or part of the shipment which, under the contract referred to in Article I (b), is based on the Warsaw Convention, the provisions of this Convention shall apply to both the contract and the actual carrier, unless otherwise provided for in this Convention, and shall apply to the contract carrier for the whole of the shipment for which the contract was concluded and to the actual carrier only for the carriage which it carries out.
1. The actions or omissions of the actual carrier, its employees and representatives acting in the course of their employment shall also be considered, in relation to the transport carried out by the actual carrier, to be acts and omissions of the contracting carrier.
2. The negotiations and omissions of the contracting carrier, its staff and representatives acting in the context of their employment shall also be considered to be the conduct and omission of the actual carrier in respect of the carriage carried out by the actual carrier. However, for any such conduct or omission, the actual carrier shall not be liable beyond the limits laid down in Article 22 of the Warsaw Convention. Any specific agreement by which a contracting carrier accepts obligations which are not imposed on it by the Warsaw Convention or any waiver of the rights deriving from it or any special declaration of interest in the supply referred to in Article 22 of the said Convention shall not apply to the actual carrier if it does not agree.
Any complaint or order given to a carrier under the Warsaw Convention shall have the same effectiveness, whether addressed to a contractual or actual carrier. However, the orders referred to in Article 12 of the Warsaw Convention shall be effective only if they are addressed to a contracting carrier.
In respect of shipments carried out by an actual carrier, any employee or representative of that carrier or contracting carrier, if he proves that he has acted in the course of his employment, shall have the right to rely on the limits of liability which, under this Convention, may be applied to the carrier of which he is an employee or representative, unless it is established that he has acted in a manner which prevents him from referring to the limits of liability under the Warsaw Convention.
With regard to transport carried out by a genuine carrier, the sum of the amounts recoverable from carriers and contracting carriers or their staff or agents acting in the framework of their employment shall not exceed the maximum amount to which a contractual or actual carrier could be sentenced under this Convention, but none of the above persons shall be liable for an amount exceeding the limits applicable to it.
With regard to the transport carried out by the actual carrier, an action for damages may be brought, at the choice of the applicant, against that carrier or contract carrier or on both together or separately. If an action is brought against one of these carriers, that carrier shall have the right to request the other carrier to join the legal proceedings, the proceedings and the consequences thereof being governed by the law of the court which is hearing the case.
Any action for damages pursuant to Article VII of this Convention shall be brought at the choice of the applicant, either in the court in which the action against the contracting carrier may be brought, as provided for in Article XXVIII. The Warsaw Convention or a court which is competent according to the place of permanent residence of the actual carrier or where the head office of its undertaking is situated.
1. Any contractual provision intended to exempt a contractual carrier or actual carrier from liability under this Convention or to reduce the threshold that would have to be applied under this Convention shall be void and invalid, but any of those provisions shall not invalidate the whole of the contract for which the provisions of this Convention also apply.
2. With regard to transport carried out by the actual carrier, the preceding paragraph shall not apply to contractual provisions relating to loss or damage caused by a hidden defect, nature or characteristics of the goods carried.
3. Any clause contained in the transport contract and any special contract concluded prior to the occurrence of the damage by which the parties intend to infringe the rules of this Convention either by designating the right to be used or by changing the rules on jurisdiction shall be void and invalid. However, in respect of the carriage of goods, arbitration clauses shall be permitted, while maintaining the provisions of this Convention, provided that the arbitration procedure is to be carried out in places covered by the jurisdiction of the court referred to in Article VIII.
Except for Article VII., nothing in this Convention shall apply to the rights and obligations of two carriers between themselves.
Pending the entry into force of this Convention in accordance with the provisions of Article XIII, it shall remain open for signature by any State which at that time will be a member of the United Nations or of any professional organisation.
1. The 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.
1. As soon as the five States which have signed the Convention deposit their instruments of ratification, the Convention shall enter into force between them on the 90th day following the deposit of the fifth instrument of ratification. The Convention shall enter into force on the 90th day following the deposit of the instruments of ratification for each State which will ratify it later.
2. Once this Convention is in force, the United States Government of Mexico will be registered with the United Nations and with the International Civil Aviation Organisation.
1. This Convention shall be open after its entry into force to access any State which is a member of the United Nations or an expert organisation.
2. The State's access shall be carried out by depositing the instruments of access to the Government of the United States of Mexico and shall take effect 90 days after their deposit.
1. Any Contracting State may terminate this Convention by notifying the Government of the United States of Mexico.
2. The denunciation shall take effect six months after the notification of termination has been delivered to the United States Government.
1. Any Contracting State may declare by notification to the Government of the United States of Mexico, either on ratification or accession to this Convention or at any later date, that the Convention will apply to any territory for which it is responsible for international relations.
2. For the abovementioned territories, the Convention shall become effective on the 90th day following the date on which the Government of the United States of Mexico received such notification.
3. Any Contracting State may denounce this Convention in accordance with the provisions of Article XV. individually for any or all territories for whose international relations that State is responsible.
No reservations may be made regarding this Convention.
The United States government will announce the International Civil Aviation Organisation and all United Nations Member States or any expert organisation;
(a) any signature of this Convention and its date;
(b) the deposit of instruments of ratification or accession and their date;
(c) the date of entry into force of the Convention pursuant to Article XIII (1);
(d) the receipt of each notice of termination and its date;
(e) acceptance of any declaration or notification made pursuant to Article XVI and its date.
In order to prove the signed agents who were duly empowered to do so, they signed this Convention.
Dane in Guadalajara 18 September 1961 in three authentic versions in English, French and Spanish. In case of differences of interpretation, the French language version of the Warsaw Convention of 12 October 1929 will apply. The Government of the United States of Mexico will procure 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, for which, in accordance with Article XI, it shall remain open for signature, and that Government shall send its certified copies to the International Civil Aviation Organisation and to all Member States of the United Nations or to any expert organisation.
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Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No. 27 / 1968 Coll., on the Convention on the Unification of Certain Rules on International Carriage by Air by a Person other than a Contracting Carrier, supplementing the Warsaw Convention |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.03.1968 |
|---|---|
| Effective from | 25.10.1967 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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