Warsaw Convention

International carriage

Refers to any carriage of persons, baggage, or cargo by aircraft between territories of two High Contracting Parties or within the territory of a single High Contracting Party with an agreed stopping place in another territory.

Carriage by successive air carriers

When multiple air carriers are involved in a single operation of carriage, it is considered as one undivided carriage.

Passenger ticket

A document that must be delivered by the carrier to the passenger and contains information such as the place and date of issue, place of departure and destination, and the carrier's name and address.

Baggage check

A document provided by the carrier for the carriage of baggage, containing information such as the place and date of issue, place of departure and destination, carrier's name and address, and the number and weight of the packages.

Air waybill

A document required for the carriage of cargo, made out by the consignor in three original parts, containing information such as the place and date of execution, place of departure and destination, consignor and carrier's name and address, nature of the cargo, and the number of packages.

Consignor's responsibility

The consignor is responsible for the accuracy of the cargo information provided in the air waybill and is liable for any damage caused by incorrect or incomplete information.

Prima facie evidence

The air waybill serves as evidence of the contract of carriage, receipt of the cargo, and conditions of carriage. The statements in the air waybill regarding weight, dimensions, packing, and number of packages are considered as evidence of the stated facts.

Consignor's right of disposition

The consignor has the right to dispose of the cargo by withdrawing it, stopping it in the course of the journey, or requesting delivery to a person other than the consignee, as long as it does not prejudice the carrier or other consignors.

Consignee's rights

The consignee is entitled to require the carrier to hand over the air waybill and deliver the cargo upon arrival at the destination, after payment of charges and compliance with the conditions of carriage.

Obligations of consignor and consignee

Both the consignor and consignee have the right to enforce their respective rights under the contract of carriage, as long as they fulfill their obligations as stated in the contract.

Liability of the Carrier

The carrier is responsible for any damage sustained by passengers or their belongings during the course of air travel.

Liability for Death or Injury

The carrier is liable for any bodily injury or death of a passenger that occurs on board the aircraft or during the process of embarking or disembarking.

Liability for Baggage and Cargo

The carrier is liable for any destruction, loss, or damage to registered baggage or cargo that occurs during the carriage by air.

Liability for Delay

The carrier is liable for any damage caused by delay in the carriage of passengers, baggage, or cargo.

Carrier's Defense against Liability

The carrier is not liable if they can prove that they have taken all necessary measures to avoid the damage or if it was impossible for them to do so.

Negligence and Liability

The carrier is not liable for damage to cargo or baggage if they can prove that it was caused by negligent pilotage, negligence in handling the aircraft, or navigation, and they have taken all necessary measures to prevent the damage.

Negligence of the Injured Person

If the carrier can prove that the damage was caused or contributed to by the negligence of the injured person, the court may partially or wholly exempt the carrier from liability.

Limitation of Liability for Passengers

The liability of the carrier for each passenger is limited to a certain amount, unless a higher limit is agreed upon in a special contract.

Limitation of Liability for Baggage and Cargo

The liability of the carrier for registered baggage and cargo is limited to a certain amount per kilogram, unless a higher value is declared and paid for.

Liability for Objects in Passenger's Charge

The liability of the carrier for objects that the passenger takes charge of themselves is limited to a certain amount per passenger.

Nullity of Liability Exemption Clauses

Any provision that attempts to relieve the carrier of liability or set a lower limit than what is stated in the Convention is null and void.

Conditions for Damages Actions

Any action for damages must meet the conditions and limits set out in the Convention.

Liability for Wilful Misconduct

The carrier cannot avail themselves of liability exclusion or limitation provisions if the damage is caused by their wilful misconduct or the wilful misconduct of their agents.

Complaints and Time Limits

The person entitled to delivery must make a complaint to the carrier in writing within a certain time limit after discovering damage or delay.

Liability in Case of Death

In the event of the death of the person liable, an action for damages can be brought against their legal representatives.

Jurisdiction for Damages Actions

An action for damages can be brought in the territory of the carrier's residence, principal place of business, place of contract, or place of destination.

Limitation Period for Damages Actions

The right to damages is extinguished if an action is not brought within a certain time limit.

Liability in Case of Combined Carriage

In the case of combined carriage by air and another mode of transport, the provisions of the Convention only apply to the carriage by air.

Validity of Contractual Clauses

Any clause in the contract or special agreement that infringes the rules of the Convention is null and void, except for arbitration clauses for cargo carriage.

Carrier's Right to Refuse or Regulate Contracts

The carrier has the right to refuse to enter into a contract of carriage or make regulations that do not conflict with the provisions of the Convention.

Exclusion of Experimental Trials and Extraordinary Circumstances

The Convention does not apply to international carriage by air performed as experimental trials or in extraordinary circumstances outside the normal scope of an air carrier's business.

Definition of "Days"

"Days" in the Convention refers to current days, not working days.

Depository and Certified Copy

The Convention is deposited in the archives of the Ministry for Foreign Affairs of Poland, and certified copies are sent to the governments of the High Contracting Parties.

Ratification and Entry into Force

The Convention shall come into force 90 days after the deposit of the fifth ratification and will apply between the ratifying parties and any subsequent parties.

Accession and Denunciation

Any state can accede to the Convention by notifying the Government of Poland, and any High Contracting Party can denounce the Convention by notifying the Government of Poland.

Application to Territories

High Contracting Parties can declare that the Convention does not apply to certain territories under their sovereignty or authority, but can subsequently accede separately for those territories.

Arbitration Clauses for Cargo

Arbitration clauses for cargo carriage are allowed, subject to the provisions of the Convention and if the arbitration takes place within one of the jurisdictions referred to in Article 28.

Final Provisions

The Convention does not prevent the

High Contracting Party

Any country that is a signatory to the Convention.

Convention

The agreement made at the international Conference held in Warsaw on October 12, 1929.

International Conference

A gathering of representatives from different countries to discuss and make decisions on matters related to the Convention.

Improvements

Changes or modifications that can be made to the Convention to enhance its effectiveness or address any shortcomings.

Coming into force

The point at which the Convention becomes legally binding and applicable to the signatory countries.

Government of the French Republic

The administrative body responsible for coordinating and organizing the international Conference.

Preparations

The necessary arrangements and actions taken to ensure the smooth conduct of the international Conference.

Signature

The act of officially endorsing and accepting the terms of the Convention by a country.

Open for signature

The period during which countries can officially sign and become parties to the Convention.

January 31, 1930

The deadline for countries to sign the Convention.