Trasporto aereo internazionale

CONVENZIONE
PER L’UNIFICAZIONE DI ALCUNE REGOLE RELATIVE AL TRASPORTO AEREO INTERNAZIONALE,
FIRMATA A VARSAVIA IL 12 OTTOBRE 1929

Convention for the Unification of Certain Rules
Relating to International Carriage by Air,
Signed at Warsaw on 12 October 1929
(Warsaw Convention)

Chapter I – Scope – Definitions
Article 1
Article 2
Chapter II – Documents of Carriage
Section I – Passenger Ticket
Article 3
Section II – Luggage Ticket
Article 4
Section III – Air Consignment Note
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Chapter III – Liability of the Carrier
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Chapter IV – Provisions Relating to Combined Carriage
Article 31
Chapter V – General and Final Provisions
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
Article 39
Article 40
Article 41
Additional Protocol

Convention for the Unification of Certain Rules
Relating to International Carriage by Air,
Signed at Warsaw on 12 October 1929
(Warsaw Convention)

Chapter I – Scope – Definitions

Article 1

1. This Convention applies to all international carriage
of persons, luggage or goods performed by aircraft for reward. It applies
equally to gratuitous carriage by aircraft performed by an air transport
undertaking.
2. For the purposes of this Convention the expression “international
carriage” means any carriage in which, according to the contract made by
the parties, the place of departure and the place of destination, whether or
not there be a break in the carriage or a transhipment, are situated either within
the territories of two High Contracting Parties, or within the territory of a
single High Contracting Party, if there is an agreed stopping place within a
territory subject to the sovereignty, suzerainty, mandate or authority of
another Power, even though that Power is not a party to this Convention. A
carriage without such an agreed stopping place between territories subject to
the sovereignty, suzerainty, mandate or authority of the same High Contracting
Party is not deemed to be international for the purposes of this Convention.
3. A carriage to be performed by several successive air carriers is deemed, for
the purposes of this Convention, to be one undivided carriage, if it has been
regarded by the parties as a single operation, whether it had been agreed upon
under the form of a single contract or of a series of contracts, and it does
not lose its international character merely because one contract or a series of
contracts is to be performed entirely within a territory subject to the
sovereignty, suzerainty, mandate or authority of the same High Contracting
Party.

Article 2

1. This Convention applies to carriage performed by the State or by legally
constituted public bodies provided it falls within the conditions laid down in
Article 1.
2. This Convention does not apply to carriage performed under the terms of any
international postal Convention.

Chapter II – Documents of Carriage

Section I – Passenger Ticket

Article 3

1. For the carriage of passengers the carrier must deliver a passenger ticket
which shall contain the following particulars: (a) the place and date of issue;
(b) the place of departure and of destination; (c) the agreed stopping places,
provided that the carrier may reserve the right to alter the stopping places in
case of necessity, and that if he exercises that right, the alteration shall
not have the effect of depriving the carriage of its international character;
(d) the name and address of the carrier or carriers; (e) a statement that the
carriage is subject to the rules relating to liability established by this
Convention.
2. The absence, irregularity or loss of the passenger ticket does 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. Nevertheless, if the carrier
accepts a passenger without a passenger ticket having been delivered he shall
not be entitled to avail himself of those provisions of this Convention which
exclude or limit his liability.

Section II – Luggage Ticket

Article 4

1. For the carriage of luggage, other than small personal objects of which the
passenger takes charge himself, the carrier must deliver a luggage ticket.
2. The luggage ticket shall be made out in duplicate, one part for the
passenger and the other part for the carrier.
3. The luggage ticket shall contain the following particulars: (a) the place
and date of issue; (b) the place of departure and of destination; (c) the name
and address of the carrier or carriers; (d) the number of the passenger ticket;
(e) a statement that delivery of the luggage will be made to the bearer of the
luggage ticket; (f) the number and weight of the packages; (g) the amount of
the value declared in accordance with Article 22(2); (h) a statement that the
carriage is subject to the rules relating to liability established by this
Convention.
4. The absence, irregularity or loss of the luggage ticket does 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. Nevertheless, if the carrier
accepts luggage without a luggage ticket having been delivered, or if the
luggage ticket does not contain the particulars set out at (d), (f) and (h)
above, the carrier shall not be entitled to avail himself of those provisions
of the Convention which exclude or limit his liability.

Section III – Air Consignment Note
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Article 5

1. Every carrier of goods has the right to require the consignor to make out
and hand over to him a document called an “air consignment note”;
every consignor has the right to require the carrier to accept this document.
2. The absence, irregularity or loss of this document does not affect the
existence or the validity of the contract of carriage which shall, subject to
the provisions of Article 9, be none the less governed by the rules of this
Convention.

Article 6

1. The air consignment note shall be made out by the consignor in three
original parts and be handed over with the goods.
2. The first part shall be marked “for the carrier” and 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 and
shall accompany the goods. The third part shall be signed by the carrier and
handed by him to the consignor after the goods have been accepted.
3. The carrier shall sign on acceptance of the goods.
4. The signature of the carrier may be stamped; that of the consignor may be
printed or stamped.
5. If, at the request of the consignor, the carrier makes out the air
consignment note, he shall be deemed, subject to proof to the contrary, to have
done so on behalf of the consignor.

Article 7

The carrier of goods has the right to require the consignor to make out
separate consignment notes when there is more than one package.

Article 8

The air consignment note shall contain the following particulars: (a) the place
and date of its execution; (b) the place of departure and of destination; (c)
the agreed stopping places, provided that the carrier may reserve the right to
alter the stopping places in case of necessity, and that if he exercises that
right the alteration shall not have the effect of depriving the carriage of its
international character; (d) the name and address of the consignor; (e) the
name and address of the first carrier; (f) the name and address of the
consignee, if the case so requires; (g) the nature of the goods; (h) the number
of the packages, the method of packing and the particular marks or numbers upon
them; (i) the weight, the quantity and the volume or dimensions of the goods;
(j) the apparent condition of the goods and of the packing; (k) the freight, if
it has been agreed upon, the date and place of payment, and the person who is
to pay it; (l) if the goods are sent for payment on delivery, the price of the
goods, and, if the case so requires, the amount of the expenses incurred; (m)
the amount of the value declared in accordance with Article 22 (2); (n) the
number of parts of the air consignment note; (o) the documents handed to the
carrier to accompany the air consignment note; (p) the time fixed for the
completion of the carriage and a brief note of the route to be followed, if
these matters have been agreed upon; (q) a statement that the carriage is
subject to the rules relating to liability established by this Convention.

Article 9

If the carrier accepts goods without an air consignment note having been made
out, or if the air consignment note does not contain all the particulars set
out in Article 8 (a) to (i) inclusive and (q), the carrier shall not be
entitled to avail himself of the provisions of this Convention which exclude or
limit his liability.

Article 10

1. The consignor is responsible for the correctness of the particulars and
statements relating to the goods which he inserts in the air consignment note.
2. The consignor will be liable for all damage suffered by the carrier or any
other person by reason of the irregularity, incorrectness or incompleteness of
the said particulars and statements.

Article 11

1. The air consignment note is prima facie evidence of the conclusion of the
contract, of the receipt of the goods and of the conditions of carriage.
2. The statements in the air consignment note relating to the weight,
dimensions and packing of the goods, 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 goods do not constitute evidence against
the carrier except so far as they both have been, and are stated in the air
consignment note to have been, checked by him in the presence of the consignor,
or relate to the apparent condition of the goods.

Article 12

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 goods by withdrawing
them at the aerodrome of departure or destination, or by stopping them in the
course of the journey on any landing, or by calling for them to be delivered at
the place of destination or in the course of the journey to a person other than
the consignee named in the air consignment note, or by requiring them to be
returned to the aerodrome 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.
2. If it is impossible to carry out the orders of the consignor the carrier
must so inform him forthwith.
3. If the carrier obeys the orders of the consignor for the disposition of the
goods without requiring the production of the part of the air consignment note
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 consignment note.
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 consignment note or the goods, or if he cannot be
communicated with, the consignor resumes his right of disposition.

Article 13

1. Except in the circumstances set out in the preceding Article, the consignee
is entitled, on arrival of the goods at the place of destination, to require
the carrier to hand over to him the air consignment note and to deliver the
goods to him, on payment of the charges due and on complying with the
conditions of carriage set out in the air consignment note.
2. Unless it is otherwise agreed, it is the duty of the carrier to give notice
to the consignee as soon as the goods arrive.
3. If the carrier admits the loss of the goods, or if the goods have not
arrived at the expiration of seven days after the date on which they ought to
have arrived, the consignee is entitled to put into force against the carrier
the rights which flow from the contract of carriage.

Article 14

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.

Article 15

1. Articles 12, 13 and 14 do not affect either the relations of the consignor
or the consignee with each other or the mutual relations of third parties whose
rights are derived either from the consignor or from the consignee.
2. The provisions of Articles 12, 13 and 14 can only be varied by express
provision in the air consignment note.

Article 16

1. The consignor must furnish such information and attach to the air
consignment note such documents as are necessary to meet the formalities of
customs, octroi or police before the goods 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 or his agents.
2. The carrier is under no obligation to enquire into the correctness or
sufficiency of such information or documents.

Chapter III – Liability of the Carrier

Article 17

The carrier is liable for damage sustained in the event of the death or
wounding of a passenger or any other bodily injury suffered by a passenger, if
the accident which caused the damage so sustained took place on board the
aircraft or in the course of any of the operations of embarking or
disembarking.

Article 18

1. The carrier is liable for damage sustained in the event of the destruction
or loss of, or of damage to, any registered luggage or any goods, if the
occurrence which caused the damage so sustained took place during the carriage
by air.
2. The carriage by air within the meaning of the preceding paragraph comprises
the period during which the luggage or goods are in charge of the carrier,
whether in an aerodrome or on board an aircraft, or, in the case of a landing
outside an aerodrome, in any place whatsoever.
3. The period of the carriage by air does not extend to any carriage by land,
by sea or by river performed outside an aerodrome. If, however, such a carriage
takes place in the performance of a contract for carriage by air, for the
purpose of loading, delivery or transshipment, 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.

Article 19

The carrier is liable for damage occasioned by delay in the carriage by air of
passengers, luggage or goods.

Article 20

1. The carrier is not liable if he proves that he and his agents have taken all
necessary measures to avoid the damage or that it was impossible for him or
them to take such measures.
2. In the carriage of goods and luggage the carrier is not liable if he proves
that the damage was occasioned by negligent pilotage or negligence in the
handling of the aircraft or in navigation and that, in all other respects, he
and his agents have taken all necessary measures to avoid the damage.

Article 21

If the carrier proves that the damage was caused by or contributed to by the
negligence of the injured person the Court may, in accordance with the
provisions of its own law, exonerate the carrier wholly or partly from his
liability.

Article 22

1. In the carriage of passengers the liability of the carrier for each
passenger is limited to the sum of 125,000 francs. Where, in accordance with
the law of the Court seised of the case, damages may be awarded in the form of
periodical payments, the equivalent capital value of the said payments shall
not exceed 125,000 francs. Nevertheless, by special contract, the carrier and
the passenger may agree to a higher limit of liability.
2. In the carriage of registered luggage and of goods, the liability of the
carrier is limited to a sum of 250 francs per kilogram, unless the consignor
has made, at the time when the package was handed over to the carrier, a
special declaration of the value at delivery 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 that sum is greater than
the actual value to the consignor at delivery.
3. As regards objects of which the passenger takes charge himself the liability
of the carrier is limited to 5,000 francs per passenger.
4. The sums mentioned above shall be deemed to refer to the French franc
consisting of 65 « milligrams gold of millesimal fineness 900. These sums may
be converted into any national currency in round figures.

Article 23

Any provision tending to relieve the carrier of liability or to fix a lower
limit than that which is laid down in this Convention shall be null and void,
but the nullity of any such provision does not involve the nullity of the whole
contract, which shall remain subject to the provisions of this Convention.

Article 24

1. In the cases covered by Articles 18 and 19 any action for damages, however
founded, can only be brought subject to the conditions and limits set out in
this Convention.
2. In the cases covered by Article 17 the provisions of the preceding paragraph
also apply, without prejudice to the questions as to who are the persons who
have the right to bring suit and what are their respective rights.

Article 25

1. The carrier shall not be entitled to avail himself of the provisions of this
Convention which exclude or limit his liability, if the damage is caused by his
wilful misconduct or by such default on his part as, in accordance with the law
of the Court seised of the case, is considered to be equivalent to wilful
misconduct.
2. Similarly the carrier shall not be entitled to avail himself of the said
provisions, if the damage is caused as aforesaid by any agent of the carrier
acting within the scope of his employment.

Article 26

1. Receipt by the person entitled to delivery of luggage or goods without
complaint is prima facie evidence that the same have been delivered in good
condition and in accordance with the document of carriage.
2. In the case of damage, the person entitled to delivery must complain to the
carrier forthwith after the discovery of the damage, and, at the latest, within
three days from the date of receipt in the case of luggage and seven days from
the date of receipt in the case of goods. In the case of delay the complaint
must be made at the latest within fourteen days from the date on which the
luggage or goods have been placed at his disposal.
3. Every complaint must be made in writing upon the document of carriage or by
separate notice in writing despatched within the times aforesaid.
4. Failing complaint within the times aforesaid, no action shall lie against
the carrier, save in the case of fraud on his part.

Article 27

In the case of the death of the person liable, an action for damages lies in accordance
with the terms of this Convention against those legally representing his
estate.

Article 28

1. An action for damages must be brought, at the option of the plaintiff, in
the territory of one of the High Contracting Parties, either before the Court
having jurisdiction where the carrier is ordinarily resident, or has his
principal place of business, or has an establishment by which the contract has
been made or before the Court having jurisdiction at the place of destination.
2. Questions of procedure shall be governed by the law of the Court seised of
the case.

Article 29

1. The right to damages shall be extinguished if an action is not brought
within two years, reckoned from the date of arrival at the destination, or from
the date on which the aircraft ought to have arrived, or from the date on which
the carriage stopped.
2. The method of calculating the period of limitation shall be determined by
the law of the Court seised of the case.

Article 30

1. In the case of carriage to be performed by various successive carriers and
falling within the definition set out in the third paragraph of Article 1, each
carrier who accepts passengers, luggage or goods is subjected to the rules set
out in this Convention, and is deemed to be one of the contracting parties to
the contract of carriage in so far as the contract deals with that part of the
carriage which is performed under his supervision.
2. In the case of carriage of this nature, the passenger or his representative
can take action only against the carrier who performed the carriage during
which the accident or the delay occurred, save in the case where, by express
agreement, the first carrier has assumed liability for the whole journey.
3. As regards luggage or goods, the passenger or consignor will have a right of
action against the first carrier, and the passenger or consignee who is
entitled to delivery will have a right of action against the last carrier, and
further, each may take action against the carrier who performed the carriage during
which the destruction, loss, damage or delay took place. These carriers will be
jointly and severally liable to the passenger or to the consignor or consignee.

Chapter IV – Provisions Relating to Combined Carriage

Article 31

1. In the case of combined carriage performed partly by air and partly by any
other mode of carriage, the provisions of this Convention apply only to the
carriage by air, provided that the carriage by air falls within the terms of
Article 1.
2. Nothing in this Convention shall prevent the parties in the case of combined
carriage from inserting in the document of air carriage conditions relating to
other modes of carriage, provided that the provisions of this Convention are
observed as regards the carriage by air.

Chapter V – General and Final Provisions

Article 32

Any clause contained in the contract and all special agreements entered into
before the damage occurred by which the parties purport to infringe the rules
laid down by this Convention, whether by deciding the law to be applied, or by
altering the rules as to jurisdiction, shall be null and void. Nevertheless for
the carriage of goods arbitration clauses are allowed, subject to this
Convention, if the arbitration is to take place within one of the jurisdictions
referred to in the first paragraph of Article 28.

Article 33

Nothing contained 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.

Article 34

This Convention does not apply to international carriage by air performed by
way of experimental trial by air navigation undertakings with the view to the
establishment of a regular line of air navigation, nor does it apply to
carriage performed in extraordinary circumstances outside the normal scope of
an air carrier’s business.

Article 35

The expression “days” when used in this Convention means current days
not working days.

Article 36

The Convention is drawn up in French in a single copy which shall remain
deposited in the archives of the Ministry for Foreign Affairs of Poland and of
which one duly certified copy shall be sent by the Polish Government to the
Government of each of the High Contracting Parties.

Article 37

1. This Convention shall be ratified. The instruments of ratification shall be
deposited in the archives of the Ministry for Foreign Affairs of Poland, which
will notify the deposit to the Government of each of the High Contracting
Parties.
2. As soon as this Convention shall have been ratified by five of the High
Contracting Parties it shall come into force as between them on the ninetieth
day after the deposit of the fifth ratification. Thereafter it shall come into
force between the High Contracting Parties who shall have ratified and the High
Contracting Party who deposits his instrument of ratification on the ninetieth
day after the deposit.
3. It shall be the duty of the Government of the Republic of Poland to notify
to the Government of each of the High Contracting Parties the date on which
this Convention comes into force as well as the date of the deposit of each
ratification.

Article 38

1. This Convention shall, after it has come into force, remain open for
accession by any State.
2. The accession shall be effected by a notification addressed to the
Government of the Republic of Poland, which will inform the Government of each
of the High Contracting Parties thereof.
3. The accession shall take effect as from the ninetieth day after the
notification made to the Government of the Republic of Poland.

Article 39

1. Any one of the High Contracting Parties may denounce this Convention by a
notification addressed to the Government of the Republic of Poland, which will
at once inform the Government of each of the High Contracting Parties.
2. Denunciation shall take effect six months after the notification of
denunciation, and shall operate only as regards the Party who shall have
proceeded to denunciation.

Article 40

1. Any High Contracting Party may, at the time of signature or of deposit of
ratification or of accession declare that the acceptance which he gives to this
Convention does not apply to all or any of his colonies, protectorates,
territories under mandate, or any other territory subject to his sovereignty or
his authority, or any territory under his suzerainty.
2. Accordingly any High Contracting Party may subsequently accede separately in
the name of all or any of his colonies, protectorates, territories under
mandate or any other territory subject to his sovereignty or to his authority
or any territory under his suzerainty which has been thus excluded by his
original declaration.
3. Any High Contracting Party may denounce this Convention, in accordance with
its provisions, separately or for all or any of his colonies, protectorates,
territories under mandate or any other territory subject to his sovereignty or
to his authority, or any other territory under his suzerainty.

Article 41

Any High Contracting Party shall be entitled not earlier than two years after
the coming into force of this Convention to call for the assembling of a new
international Conference in order to consider any improvements which may be
made in this Convention. To this end he will communicate with the Government of
the French Republic which will take the necessary measures to make preparations
for such Conference.
This Convention done at Warsaw on the 12th October, 1929, shall remain open for
signature until the 31st January, 1930.

Additional Protocol

(With reference to Article 2)
The High Contracting Parties reserve to themselves the right to declare at the
time of ratification or of accession that the first paragraph of Article 2 of
this Convention shall not apply to international carriage by air performed
directly by the State, its colonies, protectorates or mandated territories or
by any other territory under its sovereignty, suzerainty or authority.”