amount and the
carrier does not make, within a period of six months after his receipt of such
notice, a written offer of settlement in an amount at least equal to the, compensation awarded within the
applicable limit. This period will be extended until the time of
commencement of the action if dial is later, (c)
The costs of the action including lawyers' fees shall not be taken into account
in applying the limits under this
Article.
4. The sums mentioned
in francs in this Article and Article 42 shall be deemed to refer to a currency unit consisting of sixty-five and a half milligrams of
gold of millennial fineness nine hundred. These sums may be converted into national
currencies in round figures. Conversion of
die sums into national currencies other than gold shall, in case of judicial
proceedings, be made according to the gold value of such currencies at the date
of die judgment.'
Article IX
Article
24 of the Convention shall be deleted and replaced by the following:
'Article 24
1.
In the carriage of cargo, any
action for damages, however founded, can only be
brought subject to the conditions and limits set out in this Convention.
brought subject to the conditions and limits set out in this Convention.
2.
In the carriage of passengers and
baggage any action for damages, however
founded, whether under this Convention or in contract or in tort or otherwise, can only be
brought subject to the conditions and limits of liability set out in this Convention, without
prejudice to the question as to who are die persons who have die right to bring suit and
what are their respective rights. Such limits of liability constitute maximum limits and
may not be exceeded whatever die circumstances which gave rise to die liability.'
founded, whether under this Convention or in contract or in tort or otherwise, can only be
brought subject to the conditions and limits of liability set out in this Convention, without
prejudice to the question as to who are die persons who have die right to bring suit and
what are their respective rights. Such limits of liability constitute maximum limits and
may not be exceeded whatever die circumstances which gave rise to die liability.'
Article
X
Article
25 of the Convention shall be deleted and replaced by the following:
'Article 25
The limit of liability specified in
paragraph 2 of Article 22 shall not apply if it is proved dial die damage resulted from an act or omission of
the cannier, his servants or agents, done with intent to cause damage or
recklessly and widi knowledge that damage would probably result; provided that,
in die case of such act or omission of a servant or agent, it is also proved dial he was acting within the scope
of his employment.'
Article
XI
hi Article 25A of die
Convention—paragraphs 1 and 3 shall be deleted and replaced by die following:
'1. If an
action is brought against a servant or agent of the cannier arising out of damage to which die
Convention relates, such servant or agent if he proves that he acted within die scope of his employment, shall be
entitled to-avail himself of the limits of liability which that cannier himself
is entitled to invoke under this Convention.
3. The provisions of paragraphs 1 and 2 of
this Article shall not apply to the carriage
of cargo if it is proved that die damage resulted from an act or omission of die servant or
agent done with intent to cause damage or recklessly and with knowledge that damage
would probably result.'
of cargo if it is proved that die damage resulted from an act or omission of die servant or
agent done with intent to cause damage or recklessly and with knowledge that damage
would probably result.'
amount and the
carrier does not make, within a period of six months after his receipt of such
notice, a written offer of settlement in an amount at least equal to the, compensation awarded within the
applicable limit. This period will be extended until the time of
commencement of the action if dial is later, (c)
The costs of the action including lawyers' fees shall not be taken into account
in applying the limits under this
Article.
4. The sums mentioned
in francs in this Article and Article 42 shall be deemed to refer to a currency unit consisting of sixty-five and a half milligrams of
gold of millennial fineness nine hundred. These sums may be converted into national
currencies in round figures. Conversion of
die sums into national currencies odier dian gold shall, in case of judicial
proceedings, be made according to the gold value of such currencies at the date
of die judgment.'
Article IX
Article
24 of the Convention shall be deleted and replaced by the following:
'Article 24
1.
In the carriage of cargo, any
action for damages, however founded, can only be
brought subject to the conditions and limits set out in this Convention.
brought subject to the conditions and limits set out in this Convention.
2.
In the carriage of passengers and
baggage any action for damages, however
founded, whether under this Convention or in contract or in tort or otherwise, can only be
brought subject to the conditions and limits of liability set out in this Convention, without
prejudice to the question as to who are die persons who have die right to bring suit and
what are their respective rights. Such limits of liability constitute maximum limits and
may not be exceeded whatever die circumstances which gave rise to die liability.'
founded, whether under this Convention or in contract or in tort or otherwise, can only be
brought subject to the conditions and limits of liability set out in this Convention, without
prejudice to the question as to who are die persons who have die right to bring suit and
what are their respective rights. Such limits of liability constitute maximum limits and
may not be exceeded whatever die circumstances which gave rise to die liability.'
Article
X
Article
25 of the Convention shall be deleted and replaced by the following:
'Article 25
The limit of liability specified in
paragraph 2 of Article 22 shall not apply if it is proved dial die damage resulted from an act or omission of
the cannier, his servants or agents, done with intent to cause damage or
recklessly and with knowledge that damage would probably result; provided that,
in die case of such act or omission of a servant or agent, it is also proved dial he was acting within the scope
of his employment.'
Article
XI
hi Article 25A of die
Convention—paragraphs 1 and 3 shall be deleted and replaced by die following:
'1. If an
action is brought against a servant or agent of the cannier arising out of damage to which die
Convention relates, such servant or agent if he proves that he acted within die scope of his employment, shall be
entitled to-avail himself of the limits of liability which that cannier himself
is entitled to invoke under this Convention.
3. The provisions of paragraphs 1 and 2 of
this Article shall not apply to the carriage
of cargo if it is proved that die damage resulted from an act or omission of die servant or
agent done with intent to cause damage or recklessly and with knowledge that damage
would probably result.'
of cargo if it is proved that die damage resulted from an act or omission of die servant or
agent done with intent to cause damage or recklessly and with knowledge that damage
would probably result.'
Article XII
In Article 28/of the
Convention—the present paragraph 2 shall be renumbered as paragraph
3 and a new paragraph 2 shall be inserted as follows:
'2. In respect of
damage resulting from the death, injury or delay of a passenger or the destruction,
loss, damage or delay of baggage, the action may be brought before one of the Courts mentioned in paragraph 1 of this Article, or in die territory
of one of the High Contracting Parties, before the Court within the
jurisdiction of which die carrier has an establishment if the passenger has his
domicile or permanent residence in the territory of the same High Contracting
Party.'
Article XIII
. After
Article 30 of the Convention, the following Article shall be inserted:
'Article 30A
Nothing in this
Convention shall prejudice die question whether a person liable for damage
in accordance with its provisions has a right of recourse against any other
person.'
Article XIV
After Article 35 of
the Convention, the following Article shall be inserted:
'Article 35A
No provision contained in this Convention
shall prevent a State from establishing and operating
within its territory a system to supplement the compensation payable to claimants under die Convention in respect of
death, or personal injury, of passengers. Such a system shall fulfill the
following conditions:
(a)
it shall not in any circumstances
impose upon the earner, his servants or
agents, any liability in addition to that provided under this Convention;
agents, any liability in addition to that provided under this Convention;
(b)
it shall not impose upon the
carrier any financial or administrative burden
other than collecting in that State contributions from passengers if required so
to do;
other than collecting in that State contributions from passengers if required so
to do;
(c)
it shall not give rise to any discrimination between
earners with regard to die
passengers concerned and die benefits available to die said passengers under
die system shall be extended to them regardless of die earner whose services
they have used;
passengers concerned and die benefits available to die said passengers under
die system shall be extended to them regardless of die earner whose services
they have used;
(d)
if a passenger has contributed
to die system, any person suffering damage as a
consequence of death or personal injury of such passenger shall be entitled to
die benefits of die system.'
consequence of death or personal injury of such passenger shall be entitled to
die benefits of die system.'
Article XV
After Article 41 of
the Convention, the following Article shall be inserted:
'Article 42
1. Without prejudice to the
provisions of Article 41, Conferences of die Parties to die Protocol done at Guatemala City on die eighth
March 1971 shall be convened during die fifth and tenth years respectively
after die date of entry into force of the said Protocol for die purpose of reviewing die limit established in
Article 22, paragraph 2 (a) of die Convention as amended by that
Protocol.
2.
At each of the Conferences
mentioned in paragraph 1 of this Article the limit of
liability in Article 22, paragraph 1 (a) in force at the respective dates of these Conferences
shall not be increased by an amount exceeding one hundred and eighty-seven thousand
five hundred francs.
liability in Article 22, paragraph 1 (a) in force at the respective dates of these Conferences
shall not be increased by an amount exceeding one hundred and eighty-seven thousand
five hundred francs.
3.
Subject to paragraph 2 of this
Article, unless before the thirty-first December of the
fifth and tenth years after the date of entry into force of the Protocol referred to in
paragraph 1 of this Article the aforesaid Conferences decide otherwise by a two-thirds
majority vote of the Parties present and voting, the limit of liability in Article 22,
paragraph 1 (a) in force at the respective dates of these Conferences shall on those dates
be increased by one hundred and eighty-seven thousand five hundred francs.
fifth and tenth years after the date of entry into force of the Protocol referred to in
paragraph 1 of this Article the aforesaid Conferences decide otherwise by a two-thirds
majority vote of the Parties present and voting, the limit of liability in Article 22,
paragraph 1 (a) in force at the respective dates of these Conferences shall on those dates
be increased by one hundred and eighty-seven thousand five hundred francs.
4.
The applicable limit shall be that which, in accordance
with die preceding
paragraphs, is in effect on the date of the event which caused the death or personal injury
of the passenger.'
paragraphs, is in effect on the date of the event which caused the death or personal injury
of the passenger.'
chapter II
scope of application of the
convention as amended
Article
XVI
The Warsaw Convention
as amended at The Hague in 1955 and by this Protocol shall apply to international carnage as defined in Article 1 of the
Convention, provided that the placed of departure and destination referred to in
that Article are situated either in the territories of two Parties to this
Protocol or within the territory of a single Party to this Protocol with an agreed stopping place in die
territory of another State.
chapter
III final clauses
Article XVII
As between die
Parties to this Protocol, the Warsaw Convention as amended at The Hague in
1955 and this Protocol shall be read and interpreted together as one single
instrument and shall be known as the Warsaw
Convention as amended at The Hague, 1955, and
at Guatemala City, 1971.
Article XVIII
Until the date on
which this Protocol enters into force in accordance with die provisions of
Article XX, it shall remain open for signature by all States Members of the
United Nations or any of die Specialized Agencies or of the
International Atomic Energy Agency or Parties to the
Statute of die International Court of Justice, and by any other State invited by die General Assembly of the United Nations to become a Party
to this Protocol.
Article XIX
1.
This Protocol shall be subject to
ratification by die signatory States.
2.
Ratification of this Protocol by
any State which is not a Party to the Warsaw
Convention as amended at The Hague, 1955, shall have die effect of accession to die
Convention as amended at The Hague, 1955, shall have die effect of accession to die
Warsaw
Convention as amended at The Hague, 1955,
and at Guatemala City,
1971.
-
3. The instruments of ratification shall be deposited
with die International Civil
Aviation Organization.
Aviation Organization.
No comments:
Post a Comment