Overview of Warsaw convention, 1929

Warsaw convention recognising the needs, certain rules were made relating to international
carriage by air, these rules were signed in “Warsaw” on 12th October 1929, hence they are
known as “Warsaw convention”.

Rules were made ensuring protection of

 The interests of consumers in international carriage by air,

 Smooth flow of passengers, baggage & cargo

In accordance with the principles & objectives of the convention.

Rules also specify the conditions under which airline could be liable for the death /
injury to passengers, loss or damage to baggage & delay.

At present there are 152 member states in the convention from all over the world.

Convention is divided into: 7 chapters & 57 articles. every chapter has its own
importance & cover every aspect which is linked with international carriage by air.

CHAPTERS:

Chapter 1: General provisions (article 1-2)

Chapter 2: Documentation & duties of parties relating to the carriage of passengers,
baggage & cargo (article 3 -16)
Chapter 3 : liability of the carrier & extent of compensation for damage ( article 17 -
37)
Chapter 4: combined carriage (article 38)
Chapter 5: carriage by air performed by a person other than the contracting carrier
(article 39 -48)
Chapter 6: other provisions (article 49 -52)
Chapter 7 : final clauses ( article 53 -57)
Chapter 1 talks about the rules of the convention which applies to all international carriage of
persons, baggage or cargo performed by aircraft.

 It applies equally to gratuitous carriage by aircraft

performed by an air transport undertaking.
 It also talks about the liability of the carrier in carriage
of the postal items.

For the purposes of this convention, the expression international carriage means any carriage
in which, according to the agreement between the parties, the place of departure & 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 states or within the territory of a single state party if there
is an agreed stopping place within the territory of another state , even if that state is not a state
party.

Chapter 2 talks about documentation & duties of the parties relating to the carriage of
passengers, baggage & cargo.

The carrier has to deliver the passenger:

 A baggage identification tag for each piece of checked baggage.

 A collective & complete information must be provided containing the place of
destination, departure & many others.
 Passenger shall be given written notice, that where this convention applicable &
governs.

In case of cargo:

 Airway bill is required & if not, available it can be substituted by cargo receipt.
 Airway bill must have every information such as weight of consignment, place of
destination / departure & an indication of the weight of the consignment.

Consigner has to deliver the bill of customs officers &, if necessary, he can meet
the formalities of customs, police & similar public authorities, to deliver a
document indicating the nature of the cargo.it also talks about the responsibility of
the consignor to give correct information in the airway Bill.
 AIRWAY BILL: must be in 3 original parts,
 First part should be signed by the consignor
 The second part should be signed by the consignor & the carrier
 The 3rd part should be signed by the carrier who shall hand it to
the consignor after the cargo has been accepted.

Chapter 2 the air way bill or the cargo receipt is prima facie evidence as per rules of the
convention.

 The consignor has to compensate the carrier against all the damage suffered by it or
by any other person to whom the carrier is liable.
 Consignor has the right to dispose of the consignment.
 It is the responsibility of the consignor to deliver the information & documents which
meet the formalities of the customs, police or other customs authorities.

Chapter 3 talks about liability of the carrier:

 In the case of death or injury to the passengers, carrier is liable.

 Even in the situation of loss to the baggage which is under the supervision of the
carrier, the carrier is liable.
 Even if there is delay or loss to the cargo during carriage, carrier will be
responsible.
 if the carrier admits that the checked baggage is lost because of him / the
baggage is not arrived at the expiration of 21 Days, then in this case the
passenger can take action against the carrier according to the contract of carriage.
Chapter 3 also provides some defences to the carrier, such as if he proves that the
loss or delay is not because of him, then he will be wholly pr partially exonerated
from the liability.

If he proves loss is because of war, act of God, defective packing of that cargo
performed by a person other than the carrier or its servants or agent or because of
justified delay, then he will be not liable.

Carrier is liable if damages do not exceed 1 lakh special drawing rights (SDR)
for each passenger, but if the damage exceed the amount the carrier is not liable.
 The special drawing rights (SDR) can be converted into natural currency in the
case of judicial proceeding, the value of a national currency, in terms of the
special drawing right, of a state party which is not a member of the international
monetary fund, shall be calculated in a manner determined by the state.

There are certain other criteria as well to pay damage according to the situation:
 if carrier does the damage with intention, then such rules will not apply.
 Carrier has to pay to the damages for which he is liable.
 Any provision which he tries to limit the liability of the carrier, lower
limit than that which is laid down in this convention shall be null & void.
 Warsaw convention does not prevent the carrier to enter into any other
contract of carriage.

The convention also talks about advance payment in the case of aircraft
accident resulting to death or injury to the passenger, then in this case the
carrier has to make advance payment without delay to the natural person who
is entitled to get compensation.

If an action is brought against a servant or agent of the carrier:

 If the servant or agent proved that they were acting within the
scope of their employment, then in this case such servant or agent
will be entitled to get the same defences & limits of liability which
the carrier itself is entitled under this convention.

 Cargo which has been delivered and no complain about the

damage is received, then it will be deemed as prima facie evidence
that the goods delivered are in good condition.

Convention also provides the jurisdiction, where the plaintiff can bring an action for its claim.
Jurisdiction provided is such as:

 In the territory of the state party,

 Before the court of the domicile of the carrier
 Or at his principal place of business
  Or where it has a place of business through which the contract has been made or
before the court at the place of destination.

Convention also says that in case of dispute between the parties of the contract of a carriage,
they can settle their dispute outside the court with the help of arbitration, such agreement
should be given in writing & should be done under the jurisdiction as provided above.

Convention also puts time bar to bring suit against the damage, if an action is not brought
within the period of 2 years, then the right to bring suit against damage will extinguish & the
method to calculate that period will be decided by the court.

Chapter 4 talks about combined carriage:

 Where carriage performed partly by air & partly by any other mode of carriage, the
provisions of this convention apply only to the carriage by air.

 Warsaw convention doesn’t prevent the parties in the case of combined carriage from
inserting in the document of air carriage conditions relating to other modes of
carriage.

Chapter 5 lays down the concept of actual & contracting carriers:

 Actual carrier means a person, other than the contracting carrier, who, by virtue of
authority from the contracting carrier, performs the whole or part of the carriage
contemplated in paragraph (b) but who is not with respect to such part a successive
carrier within the meaning of the Warsaw convention.

 This convention only applies to the carriage which is governed by rules set in this
convention.

 This chapter also talks about the liability of actual & contracting carriers in certain
cases.

 Convention also provides option to the plaintiff whether to take action against the
actual carrier or contracting carrier, or against both together or separately.
  The jurisdiction under which the plaintiff can bring the suit against the actual or
contracting carrier are; in the territory of one of the state parties, either before a court
in which an action maybe brought against the contracting carrier, or before the court
having jurisdiction at the place where the actual carrier has its domicile or its principal
place of business.

 If the servant of the carrier proves that he is acting in the course of employment, then
he can get the same defence which the actual or contracting carrier gets. convention
doesn’t hamper the mutual relations between the contracting & actual carrier.

Chapter 6 talks about some other provisions such as:

 All special agreement & contract of carriage entered before the damage occurred,
shall be null & void as rules laid by the convention.
 Carriers should also maintain adequate insurance covering their liability under this
convention.
 A carrier has to furnish evidence that it maintains adequate insurance covering its
liability, to the state party under which he operates under this convention.
 It is important to note that the days when used in this convention means calendar
days, not working days.

Chapter 7 of the convention talks about ratification, signature & entry.

It states that –

 The states participating in the convention can sign the convention in the Montreal
from 10th to 28th November 1999

 & States joining after this date have to sign at the headquarters of the international
civil aviation organisation in Montreal.

 The convention will also be open for signature by regional economic integration
organisation.

 The parties who have signed the convention have to ratify/ approve the convention.
 States can also denounce from the convention by giving the written notification to the
depository, & after giving such notification after 180 days, they will be denounced.

 It is also stated that the convention will prevail over any rules which applies to
international carriage by air.

 If a state has 2 or more territorial units in which different systems of law are
applicable in relation to matters dealt within this convention, then in this case
convention shall extend to all its territorial units or only to one or more of them &
may modify this declaration by submitting another declaration at any time.

 No reservation is given under the convention but if the state declares that the
convention doesn’t apply to international carriage or the carriage of persons, cargo &
passengers then they get reservation.