Additional Protocol No. 4 to Amend Convention for the Unification of Certain Rules Relating to International Carriage By Air Signed At Warsaw on 12 October 1929, As Amended By the Protocol Done at the Hague on 28 September 1955, Signed at Montreal on 25 September 1975 - Additional Protocol No. 4 To The Warsaw Convention
law, transport, carriage by air
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1975-09-25
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1
Additional Protocol No. 4 to Amend Convention for the Unification of
Certain Rules Relating to International Carriage By Air Signed At
Warsaw on 12 October 1929, As Amended By the Protocol Done at the Hague
on 28 September 1955, Signed at Montreal on 25 September 1975
2
The Governments Undersigned
3
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 12 October 1929 as amended by the Protocol done at
The Hague on 28 September 1955,
4
Have Agreed as follows:
5
Chapter I - Amendments to the Convention
6
Article I
7
The Convention which the provisions of the present Chapter modify is
the Warsaw Convention as amended at The Hague in 1955.
8
Article II
9
In Article 2 of the Convention- paragraph 2 shall be deleted and
replaced by the following:-
10
"2. In the carriage of postal items the carrier shall be liable only to
the relevant postal administration in accordance with the rules
applicable to the relationship between the carriers and the postal
administrations.
11
3. Except as provided in paragraph 2 of this Article, the provisions of
this Convention shall not apply to the carriage of postal items."
12
Article III
13
In Chapter II of the Convention- Section III (Articles 5 to 16) shall
be deleted and replaced by the following:-
14
"Section III.-Documentation relating to cargo
15
Article 5
16
1. In respect of the carriage of cargo an air waybill shall be
delivered.
17
2. Any other means which would preserve a record of the carriage to be
performed may, with the consent of the consignor, be substituted for
the delivery of an air waybill. If such other means are used, the
carrier shall, if so requested by the consignor, deliver to the
consignor a receipt for the cargo permitting identification of the
consignment and access to the information contained in the record
preserved by such other means.
18
3. The impossibility of using, at points of transit and destination,
the other means which would preserve the record of the carriage
referred to in paragraph 2 of this Article does not entitle the carrier
to refuse to accept the cargo for carriage.
19
Article 6
20
1. The air waybill shall be made out by the consignor in three original
parts.
21
2. The first part shall be marked "for the carrier"; it shall be signed
by the consignor. The second part shall be marked "for the consignee";
it shall be signed by the consignor and by the carrier. The third part
shall be signed by the carrier and handed by him to the consignor after
the cargo has been accepted.
22
3. The signature of the carrier and that of the consignor may be
printed or stamped.
23
4. If, at the request of the consignor, the carrier makes out the air
waybill, he shall be deemed, subject to proof to the contrary, to have
done so on behalf of the consignor.
24
Article 7
25
When there is more than one package:
26
(a) the carrier of cargo has the right to require the consignor to make
out separate air waybills;
27
(b) the consignor has the right to require the carrier to deliver
separate receipts when the other means referred to in paragraph 2 of
Article 5 are used.
28
Article 8
29
The air waybill and the receipt for the cargo shall contain:
30
(a) an indication of the places of departure and destination;
31
(b) if the places of departure and destination are within the territory
of a single High Contracting Party, one or more agreed stopping places
being within the territory of another State, an indication of at least
one such stopping place; and
32
(c) an indication of the weight of the consignment.
33
Article 9
34
Non-compliance with the provisions of Articles 5 to 8 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.
35
Article 10
36
1. The consignor is responsible for the correctness of the particulars
and statements relating to the cargo inserted by him or on his behalf
in the air waybill or furnished by him or on his behalf to the carrier
for insertion in the receipt for the cargo or for insertion in the
record preserved by the other means referred to in paragraph 2 of
Article 5.
37
2. The consignor shall indemnify the carrier against all damage
suffered by him, or by any other person to whom the carrier is liable,
by reason of the irregularity, incorrectness or incompleteness of the
particulars and statements furnished by the consignor or on his behalf.
38
3. Subject to the provisions of paragraphs 1 and 2 of this Article, the
carrier shall indemnify the consignor against all damage suffered by
him, or by any other person to whom the consignor is liable, by reason
of the irregularity, incorrectness or incompleteness of the particulars
and statements inserted by the carrier or on his behalf in the receipt
for the cargo or in the record preserved by the other means referred to
in paragraph 2 of Article 5.
39
Article 11
40
1. The air waybill or the receipt for the cargo is prima facie evidence
of the conclusion of the contract, of the acceptance of the cargo and
of the conditions of carriage mentioned therein.
41
2. Any statements in the air waybill or the receipt for the cargo
relating to the weight, dimensions and packing of the cargo, as well as
those relating to the number of packages, are prima facie evidence of
the facts stated; those relating to the quantity, volume and condition
of the cargo do not constitute evidence against the carrier except so
far as they both have been, and are stated in the air waybill to have
been, checked by him in the presence of the consignor, or relate to the
apparent condition of the cargo.
42
Article 12
43
1. Subject to his liability to carry out all his obligations under the
contract of carriage, the consignor has the right to dispose of the
cargo by withdrawing it at the airport of departure or destination, or
by stopping it in the course of the journey on any landing, or by
calling for it to be delivered at the place of destination or in the
course of the journey to a person other than the consignee originally
designated, or by requiring it to be returned to the airport of
departure. He must not exercise this right of disposition in such a way
as to prejudice the carrier or other consignors and he must repay any
expenses occasioned by the exercise of this right.
44
2. If it is impossible to carry out the orders of the consignor the
carrier must so inform him forthwith.
45
3. If the carrier obeys the orders of the consignor for the disposition
of the cargo without requiring the production of the part of the air
waybill or the receipt for the cargo delivered to the latter, he will
be liable, without prejudice to his right of recovery from the
consignor, for any damage which may be caused thereby to any person who
is lawfully in possession of that part of the air waybill or the
receipt for the cargo.
46
4. The right conferred on the consignor ceases at the moment when that
of the consignee begins in accordance with Article 13. Nevertheless, if
the consignee declines to accept the cargo, or if he cannot be
communicated with, the consignor resumes his right of disposition.
47
Article 13
48
1. Except when the consignor has exercised his right under Article 12,
the consignee is entitled, on arrival of the cargo at the place of
destination, to require the carrier to deliver the cargo to him, on
payment of the charges due and on complying with the conditions of
carriage.
49
2. Unless it is otherwise agreed, it is the duty of the carrier to give
notice to the consignee as soon as the cargo arrives.
50
3. If the carrier admits the loss of the cargo, or if the cargo has not
arrived at the expiration of seven days after the date on which it
ought to have arrived, the consignee is entitled to enforce against the
carrier the rights which flow from the contract of carriage.
51
Article 14
52
The consignor and the consignee can respectively enforce all the rights
given them by Articles 12 and 13, each in his own name, whether he is
acting in his own interest or in the interest of another, provided that
he carries out the obligations imposed by the contract of carriage.
53
Article 15
54
1. Articles 12, 13 and 14 do not affect either the relations of the
consignor and the consignee with each other or the mutual relations of
third parties whose rights are derived either from the consignor or
from the consignee.
55
2. The provisions of Articles 12, 13 and 14 can only be varied by
express provision in the air waybill or the receipt for the cargo.
56
Article 16
57
1. The consignor must furnish such information and such docu-
58
ments as are necessary to meet the formalities of customs, octroi or
police before the cargo can be delivered to the consignee. The
consignor is liable to the carrier for any damage occasioned by the
absence, insufficiency or irregularity of any such information or
documents, unless the damage is due to the fault of the carrier, his
servants or agents.
59
2. The carrier is under no obligation to enquire into the correctness
or sufficiency of such information or documents."
60
Article IV
61
.Article 18 of the Convention shall be deleted and replaced by the
following:-
62
"Article 18
63
1. The carrier is liable for damage sustained in the event of the
destruction or loss of, or damage to, any registered baggage, if the
occurrence which caused the damage so sustained took place during the
carriage by air.
64
2. The carrier is liable for damage sustained in the event of the
destruction or loss of, or damage to, cargo upon condition only that
the occurrence which caused the damage so sustained took place during
the carriage by air.
65
3. However, the carrier is not liable if he proves that the
destruction, loss of, or damage to, the cargo resulted solely from one
or more of the following:
66
(a) inherent defect, quality or vice of that cargo;
67
(b) defective packing of that cargo performed by a person other than
the carrier or his servants or agents;
68
(c) an act of war or an armed conflict;
69
(d) an act of public authority carried out in connexion with the entry,
exit or transit of the cargo.
70
4. The carriage by air within the meaning of the preceding paragraphs
of this Article comprises the period during which the baggage or cargo
is in the charge of the carrier, whether in an airport or on board an
aircraft, or, in the case of a landing outside an airport, in any place
whatsoever.
71
5. The period of the carriage by air does not extend to any carriage by
land, by sea or by river performed outside an airport. If, however,
such carriage takes place in the performance of a contract for carriage
by air, for the purpose of loading, delivery or transhipment, any
damage is presumed, subject to proof to the contrary, to have been the
result of an event which took place during the carriage by air."
72
Article V
73
.Article 20 of the Convention shall be deleted and replaced by the
following:-
74
"Article 20
75
In the carriage of passengers and baggage, and in the case of damage
occasioned by delay in the carriage of cargo, the carrier shall not be
liable if he proves that 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."
76
Article VI
77
.Article 21 of the Convention shall be deleted and replaced by the
following:-
78
"Article 21
79
1. In the carriage of passengers and baggage, if the carrier proves
that the damage was caused by or contributed to by the negligence of
the person suffering the damage the Court may, in accordance with the
provisions of its own law, exonerate the carrier wholly or partly from
his liability.
80
2. In the carriage of cargo, if the carrier proves that the damage was
caused by or contributed to by the negligence or other wrongful act or
omission of the person claiming compensation, or the person from whom
he derives his rights, the carrier shall be wholly or partly exonerated
from his liability to the claimant to the extent that such negligence
or wrongful act or omission caused or contributed to the damage."
81
Article VII
82
In Article 22 of the Convention-
83
(a) in paragraph 2 (a) the words "and of cargo" shall be deleted.
84
(b) after paragraph 2 (a) the following paragraph shall be inserted:-
85
"(b) In the carriage of cargo, the liability of the carrier is limited
to a sum of 17 Special Drawing Rights per kilogramme, unless the
consignor has made, at the time when the package was handed over to the
carrier, a special declaration of interest in delivery at destination
and has paid a supplementary sum if the case so requires. In that case
the carrier will be liable to pay a sum not exceeding the declared sum,
unless he proves that the sum is greater than the consignor's actual
interest in delivery at destination."
86
(c) paragraph 2 (b) shall be designated as paragraph 2 (c).
87
(d) after paragraph 5 the following paragraph shall be inserted:-
88
"6. The sums mentioned in terms of the Special Drawing Right in this
Article shall be deemed to refer to the Special Drawing Right as
defined by the International Monetary Fund.
89
Article VIII
90
.Article 24 of the Convention shall be deleted and replaced by the
following:-
91
"Article 24
92
1. In the carriage of passengers and baggage, any action for damages,
however founded, can only be brought subject to the conditions and
limits set out in this Convention, without prejudice to the question as
to who are the persons who have the right to bring suit and what are
their respective rights.
93
2. In the carriage of cargo, 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 the persons who have the right to bring suit and what are their
respective rights. Such limits of liability constitute maximum limits
and may not be exceeded whatever the circumstances which gave rise to
the liability."
94
Article IX
95
.Article 25 of the Convention shall be deleted and replaced by the
following:-
96
"Article 25
97
In the carriage of passengers and baggage, the limits of liability
specified in Article 22 shall not apply if it is proved that the damage
resulted from an act or omission of the carrier, his servants or
agents, done with intent to cause damage or recklessly and with
knowledge that damage would probably result; provided that, in the case
of such act or omission of a servant or agent, it is also proved that
he was acting within the scope of his employment."
98
Article X
99
In Article 25 A of the Convention- paragraph 3 shall be deleted and
replaced by the following:-
100
"3. In the carriage of passengers and baggage, the provisions of
paragraphs 1 and 2 of this Article shall not apply if it is proved that
the damage resulted from an act or omission of the servant or agent
done with intent to cause damage or recklessly and with knowledge that
damage would probably result."
101
Article XI
102
After Article 30 of the Convention, the following Article shall be
inserted:-
103
"Article 30 A
104
Nothing in this Convention shall prejudice the question whether a
person liable for damage in accordance with its provisions has a right
of recourse against any other person."
105
Article XII
106
.Article 33 of the Convention shall be deleted and replaced by the
following:-
107
"Article 33
108
Except as provided in paragraph 3 of Article 5, nothing in this
Convention shall prevent the carrier either from refusing to enter into
any contract of carriage or from making regulations which do not
conflict with the provisions of this Convention."
109
Article XIII
110
.Article 34 of the Convention shall be deleted and replaced by the
following:-
111
"Article 34
112
The provisions of Articles 3 to 8 inclusive relating to documents of
carriage shall not apply in the case of carriage performed in
extraordinary circumstances outside the normal scope of an air
carrier's business."
113
Chapter II - Scope of Application of the Convention as Amended
114
Article XIV
115
The Warsaw Convention as amended at The Hague in 1955 and by this
Protocol shall apply to international carriage as defined in Article 1
of the Convention, provided that the places 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 the
territory of another State.
116
Chapter III - Final Clauses
117
Article XV
118
As between the 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 by Protocol No. 4
of Montreal, 1975.
119
Article XVI
120
Until the date on which this Protocol comes into force in accordance
with the provisions of Article XVIII, it shall remain open for
signature by any State.
121
Article XVII
122
1. This Protocol shall be subject to ratification by the signatory
States.
123
2. Ratification of this Protocol by any State which is not a Party to
the Warsaw Convention or by any State which is not a Party to the
Warsaw Convention as amended at The Hague, 1955, shall have the effect
of accession to the Warsaw Convention as amended at The Hague, 1955,
and by Protocol No. 4 of Montreal, 1975.
124
3. The instruments of ratification shall be deposited with the
Government of the Polish People's Republic.
125
Article XVIII
126
1. As soon as thirty signatory States have deposited their instru-
127
ments of ratification of this Protocol, it shall come into force
between them on the ninetieth day after the deposit of the thirtieth
instrument of ratification. It shall come into force for each State
ratifying thereafter on the ninetieth day after the deposit of its
instrument of ratification.
128
2. As soon as this Protocol comes into force it shall be registered
with the United Nations by the Government of the Polish People's
Republic.
129
Article XIX
130
1. This Protocol, after it has come into force, shall be open for
accession by any non-signatory State.
131
2. Accession to this Protocol by any State which is not a Party to the
Warsaw Convention or by any State which is not a Party to the Warsaw
Convention as amended at The Hague, 1955, shall have the effect of
accession to the Warsaw Convention as amended at The Hague, 1955, and
by Protocol No. 4 of Montreal, 1975.
132
3. Accession shall be effected by the deposit of an instrument of
accession with the Government of the Polish People's Republic and shall
take effect on the ninetieth day after the deposit.
133
Article XX
134
1. Any Party to this Protocol may denounce the Protocol by notification
addressed to the Government of the Polish People's Republic.
135
2. Denunciation shall take effect six months after the date of receipt
by the Government of the Polish People's Republic of the notification
of denunciation.
136
3. As between the Parties to this Protocol, denunciation by any of them
of the Warsaw Convention in accordance with Article 39 thereof or of
The Hague Protocol in accordance with Article XXIV thereof shall not be
construed in any way as a denunciation of the Warsaw Convention as
amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975.
137
Article XXI
138
1. Only the following reservations may be made to this Protocol:-
139
(a) a State may at any time declare by a notification addressed to the
Government of the Polish People's Republic that the Warsaw Convention
as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975,
shall not apply to the carriage of persons, baggage and cargo for its
military authorities on aircraft, registered in that State, the whole
capacity of which has been reserved by or on behalf of such
authorities; and
140
(b) any State may declare at the time of ratification of or accession
to the Additional Protocol No. 3 of Montreal, 1975, or at any time
thereafter, that it is not bound by the provisions of the Warsaw
Convention as amended at The Hague, 1955, and by Protocol No. 4 of
Montreal, 1975, in so far as they relate to the carriage of passengers
and baggage. Such declaration shall have effect ninety days after the
date of receipt of the declaration by the Government of the Polish
People's Republic.
141
2. Any State having made a reservation in accordance with the preceding
paragraph may at any time withdraw such reservation by notification to
the Government of the Polish People's Republic.
142
Article XXII
143
The Government of the Polish People's Republic shall promptly inform
all States Parties to the Warsaw Convention or to that Convention as
amended, all signatory or acceding States to the present Protocol, as
well as the International Civil Aviation Organization, of the date of
each signature, the date of deposit of each instrument of ratification
or accession, the date of coming into force of this Protocol, and other
relevant information.
144
Article XXIII
145
As between the Parties to this Protocol which are also Parties to the
Convention, Supplementary to the Warsaw Convention, for the Unification
of Certain Rules Relating to International Carriage by Air Performed by
a Person Other than the Contracting Carrier, signed at Guadalajara on
18 September 1961 (hereinafter referred to as the "Guadalajara
Convention") any reference to the "Warsaw Convention" contained in the
Guadalajara Convention shall include reference to the Warsaw Convention
as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975,
in cases where the carriage under the agreement referred to in Article
1, paragraph (b) of the Guadalajara Convention is governed by this
Protocol.
146
Article XXIV
147
If two or more States are Parties both to this Protocol and to the
Guatemala City Protocol, 1971, or to the Additional Protocol No. 3 of
Montreal, 1975, the following rules shall apply between them:
148
(a) the provisions resulting from the system established by this
Protocol, concerning cargo and postal items, shall prevail over the
provisions resulting from the system established by the Guatemala City
Protocol, 1971, or by the Additional Protocol No. 3 of Montreal, 1975;
149
(b) the provisions resulting from the system established by the
Guatemala City Protocol, 1971, or by the Additional Protocol No. 3 of
Montreal, 1975, concerning passengers and baggage, shall prevail over
the provisions resulting from the system established by this Protocol.
150
Article XXV
151
This Protocol shall remain open for signature until 1 January 1976 at
the Headquarters of the International Civil Aviation Organization and
thereafter until it comes into force in accordance with Article XVIII
at the Ministry for Foreign Affairs of the Polish People's Republic.
The International Civil Aviation Organization shall promptly inform the
Government of the Polish People's Republic of any signature and the
date thereof during the time that the Protocol shall be open for
signature at the Headquarters of the International Civil Aviation
Organization.
152
IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly
authorized, have signed this Protocol.
153
DONE at Montreal on the twenty-fifth day of September of the year One
Thousand Nine Hundred and Seventy-five in four authentic texts in the
English, French, Russian and Spanish languages. In the case of any
inconsistency, the text in the French language, in which language the
Warsaw Convention of 12 October 1929 was drawn up, shall prevail.