Guatemala Protocol 1971
Protocol to amend the Convention for the Unification
of Certain Rules relating to International Carriage by Air signed at Warsaw
on 12th October 1929 as amended by the Protocol done at Tlie Hague on
28th September 1955, Guatemala Citv, 8th March 19711 J
the governments undersigned
CONSIDERING
that it is desirable to amend the Convention for the Unification of Certain Rules Relating to
International Carriage by Air signed at Warsaw on 12th October 19292 as amended by the Protocol done at The Hague on
28th September 19553.
have agreed as follows:
The UK
has not ratified the Protocol. For parties see Appendix A.
2 Treaty Series No 11
(1933) (Cmd 4284).
3 Treaty Series No 62
(1967) (Cmnd 3356).
.
chapter I
amendments to the convention
'
Article I
The
Convention which the provisions of the present Chapter modify is the Warsaw
Convention
as amended at The Hague
in 1955.
•
. . ,
„ •
Article II
Article
3 of the Convention shall be deleted and replaced by the following:
'Article 3
1. In
respect of the carnage of passengers an individual or collective document of
carriage shall be delivered containing:
carriage shall be delivered containing:
(a)
an indication of the places of
departure and destination;
(b)
if the places of departure and
destination are within die territory of a single
High Contracting Party, one or more agreed stopping places being within die
territory of another State, an indication of at least one such stopping place.
High Contracting Party, one or more agreed stopping places being within die
territory of another State, an indication of at least one such stopping place.
2.
Any other means which would
preserve a record of die information indicated in (a)
and (b) of die foregoing paragraph may be substituted for the delivery of the document
referred to in that paragraph.
and (b) of die foregoing paragraph may be substituted for the delivery of the document
referred to in that paragraph.
3.
Non-compliance with the provisions
of die foregoing paragraphs shall not affect
Hie existence or the validity of the contract of carnage, which shall, none die less, be
subject to die rules of this Convention including those relating to limitation of liability.'
Hie existence or the validity of the contract of carnage, which shall, none die less, be
subject to die rules of this Convention including those relating to limitation of liability.'
, Article III
Article
4 of die Convention shall be deleted and replaced by die following:
'Article 4
1. In respect of the carriage of checked
baggage, a baggage check shall be delivered,
which, unless combined with or incorporated in a document of carriage which complies
with die provisions of Article, paragraph 1, shall contain:
which, unless combined with or incorporated in a document of carriage which complies
with die provisions of Article, paragraph 1, shall contain:
(a)
an indication of die places of
departure and destination;
(b)
if die places of departure and
destination are within die territory of a single
High Contracting Party, one or more agreed stopping places being within die
territory of another State, an indication of at least one such stopping place.
High Contracting Party, one or more agreed stopping places being within die
territory of another State, an indication of at least one such stopping place.
2. Any
other means which would preserve a record of die information indicated in (a)
and (b) of die foregoing paragraph may be substituted for die delivery of the baggage
check referred to in dial paragraph.
and (b) of die foregoing paragraph may be substituted for die delivery of the baggage
check referred to in dial paragraph.
3. Non-compliance with the provisions of the foregoing paragraphs shall
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 including those relating to limitation of liability.'
Article IV
Article 17 of the Convention shall be deleted and replaced
by the following:
'Article 17
1.
The carrier is
liable for damage sustained in case of death or personal injury of a
passenger upon condition only that die event which caused die death or injury took place
on board the aircraft or in die course of any of die operations of embarking or
disembarking. However, the carrier is not liable if die dead or injury resulted solely from
die state of health of the passenger.
passenger upon condition only that die event which caused die death or injury took place
on board the aircraft or in die course of any of die operations of embarking or
disembarking. However, the carrier is not liable if die dead or injury resulted solely from
die state of health of the passenger.
2.
The carrier is
liable for damage sustained in case of destruction of loss of, or of
damage to, baggage upon condition only dial die event which caused die destruction, loss
or damage took place on board the aircraft or in the course of any of die operations of
embarking or disembarking or during any period within which die baggage was in charge
of the carrier. However, die carrier is not liable if the damage resulted solely from the
inherent defect, quality or vice of the baggage.
damage to, baggage upon condition only dial die event which caused die destruction, loss
or damage took place on board the aircraft or in the course of any of die operations of
embarking or disembarking or during any period within which die baggage was in charge
of the carrier. However, die carrier is not liable if the damage resulted solely from the
inherent defect, quality or vice of the baggage.
3.
Unless otherwise specified, in this Convention the term "baggage" means both
checked baggage and objects carried by the passenger.'
checked baggage and objects carried by the passenger.'
Article V
In
Article 18 of the Convention—paragraphs 1 and 2 shall be deleted and replaced
by die
following:
.
'1.
The earner is liable for damage sustained in die event of die destruction or
loss of, or of damage to, any cargo, if die occurrence which
caused die damage so sustained took place
during die carriage by air.
2.
The carriage by air within die meaning of die preceding paragraph comprises die
period during which die cargo is in
charge of the carrier, whether in an airport or on board an aircraft, or, in die case of a landing outside an airport, in any place whatsoever.'
Article VI
Article 20 of the Convention shall be deleted and replaced
by the following:
'Article 20
1.
In the carriage of passengers and
baggage die earner shall not be liable for damage
occasioned by delay if he proves dial he and his servants and agents have taken all
necessary measures to avoid the damage or that it was impossible for Them to take such
measures.
occasioned by delay if he proves dial he and his servants and agents have taken all
necessary measures to avoid the damage or that it was impossible for Them to take such
measures.
2.
In die
carriage of cargo die carrier shall not be liable for damage resulting from
destruction, loss, damage or delay if lie proves that he and his servants and agents have
taken all necessary measures to avoid die damage or that it was impossible for them to
take such measures.'
destruction, loss, damage or delay if lie proves that he and his servants and agents have
taken all necessary measures to avoid die damage or that it was impossible for them to
take such measures.'
Article VII
Article 21 of the Convention shall be deleted and replaced
by the following:
'Article 21
If the carrier
proves that the damage was caused or contributed to by the negligence or other wrongful act
or omission of the person claiming compensation, the carrier shall be wholly or partly exonerated from his liability to
such person to die extent that such negligence or wrongful act or
omission caused or contributed to the damage. When by reason of the death or injury of a passenger compensation is claimed by
a person other than the passenger, the carrier shall likewise be wholly or
partly exonerated from his liability
to die extent that he proves dial die damage was caused or contributed to by
die negligence or other wrongful act
or omission of that passenger.'
Article VII
Article
22 of the Convention shall be deleted and replaced by the following:
'Article 22
In die carriage
of persons the liability of the carrier is limited to the sum of one
million five hundred thousand francs for die aggregate of die claims, however founded, in
respect of damage suffered as a result of the death or personal injury of each
passenger. Where, in accordance with die law of die court seized of die case, damages may be awarded in the form of
periodic payments, die equivalent capital value of the said payments
shall not exceed one million five hundred thousand francs.
(b)
In die case of delay in die
carriage of persons die liability of die carrier for
each passenger is limited to sixty-two thousand five hundred francs.
each passenger is limited to sixty-two thousand five hundred francs.
(c)
111 die carriage of baggage die
liability of the carrier in the case of destruction,
loss, damage or delay is limited to fifteen Thousand francs for each passenger.
loss, damage or delay is limited to fifteen Thousand francs for each passenger.
In die
carriage of cargo, the liability of the carrier is limited to a sum of two hundred
and fifty francs per kilogramme, unless die consignor has made, at Hie
time when die package was handed over to die carrier, a special declaration of interest in delivery at destination and has paid a
supplementary sum if the case so requires. In dial case the earner will be liable to
pay a sum not exceeding the declared sum,
unless he proves that that sum is greater dian die consignor's actual
interest in delivery at destination. In die
case of loss, damage or delay of part of die cargo, or of any object contained dierein, die weight to be taken into
consideration in determining die amount to which the carrier's liability
is limited shall be only the total weight of
die package or packages concerned. Nevertheless, when die loss, damage or delay of a part of die cargo, or of an object
contained dierein, affects die value of other packages covered by the same air
waybill, the total weight of such package or packages shall also be taken into
consideration in determining die limit of liability.
The occurs of
die High Contracting Parties which are not audiorised under dieir law to award
die costs of die action, including lawyers' fees, shall, in actions to which diis Convention applies, have die power to award, in
dieir discretion, to the claimant the whole or part of the
costs of the action, including lawyers' fees which the court considers
reasonable. The costs of die action
including lawyers' fees shall be awarded in accordance widi subparagraph
(a) only if die claimant gives a written notice to die earner of the amount claimed including die particulars of
die calculation of that
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