The Hague Protocol,1955

The Hague Protocol,1955

THE PROTOCOL SIGNED AT THE HAGUE ON 28TH SEPTEMBER, 1955 TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATINGTO INTERNATIONAL CARRIAGE BY AIRSIGNED AT WARSAW ON 12 OCTOBER, 1929
(THE HAGUE PROTOCOL, 1955)

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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 12 October,
HAVE AGREED as follows:
CHAPTER I
AMENDMENTS TO THE
CONVENTION
Article I
Article 1 of the Convention —
(a) paragraph 2 shall be deleted and replaced
by the following:—
“2. For the purpose of this Convention, the
expression international carriage means any
carriage in which, according to the agreement
between the parties, the place of departure and
the place of destination, whether or not there
be a break in the carriage or a transshipment,
are situated either within the territories of two
High Contracting Parities or within the territory
of a single High Contracting Party if there is an
agreed stopping place within the territory of
another State, even if that State is not a High
Contracting Party. Carriage between two points
within the territory of a single High Contracting
Party without an agreed stopping place within
the territory of another State is not international
carriage for the purposes of this Convention.”
(b) paragraph 3 shall be deleted and replaced
by the following:—
“3. 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 the territory of
the same State.”
Article II
In Article 2 of the Convention —
paragraph 2 shall be deleted and replaced
by the following:—
“2. This Convention shall not apply to
carriage of mail and postal packages.”
Article III
In Article 3 of the Convention —
(a) paragraph 1 shall be deleted and replaced
by the following :—
CHAPTER VII
THE PROTOCOL SIGNED AT THE HAGUE ON 28TH
SEPTEMBER, 1955 TO AMEND THE CONVENTION FOR
THE UNIFICATION OF CERTAIN RULES RELATING TO
INTERNATIONAL CARRIAGE BY AIR
SIGNED AT WARSAW ON 12 OCTOBER, 1929
(THE HAGUE PROTOCOL, 1955) *
* Treaty Series No.11 (1933), Cmd. 4284. Entered into force on 1 January, 1963
As on 30 June, 2002 there were 133 States party to it.
India has ratified it
THE HAGUE PROTOCOL, 1955 CHAP. VII
60
“1. In respect of the carriage of passengers
a ticket shall be delivered containing:
(a) an indication of the places of departure
and destination;
(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;
(c) a notice to the effect that, if the
passenger’s journey involves an ultimate
destination or stop in a country other
than the country of departure, the
Warsaw Convention may be applicable
and that the Convention governs and in
most cases limits the liability of carriers
for death or personal injury and in
respect of loss of or damage to baggage”.
(b) paragraph 2 shall be deleted and replaced
by the following:—
“2. The passenger ticket shall constitute
prima facie evidence of the conclusion
and conditions of the contract of carriage.
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 with the consent of the
carrier, the passenger embarks without a
passenger ticket having been delivered,
or if the ticket does no include the notice
required by paragraph 1(c) of this Article,
the carrier shall not be entitled to avail
him-self of the provisions of Article 22.”
Article IV
In Article 4 of the Convention —
(a) paragraphs 1,2 and 3 shall be deleted
and replaced by the following :—
“1. In respect of the carriage of registered
baggage, a baggage check shall be delivered,
which, unless combined with or incorporated
in a passenger ticket which complies with the
provison of Article 3, paragraph 1, shall contain:
(a) an indication of the places of departure
and destination;
(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;
(c) a notice to the effect that, if the carriage
involves an ultimate destination or stop
in a country other than the country of
departure, the Warsaw Convention may
be applicable and that the Convention
governs and in most cases limits the
liability of carriers in respect of loss of
or damage to baggage.”
(b) paragraph 4 shall be deleted and replaced
by the following :—
“2. The baggage check shall constitute
prima facie evidence of the registration
of the baggage and of the conditions
of the contract of carriage. The absence,
irregularity or loss of the baggage check
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 takes charge
of the baggage without a baggage check
having been delivered or if the baggage
check (unless combined with or
incorporated in the passenger ticket
which complies with the provisions of
Article 3, paragraph 1(c) does not
include the notice required by paragraph
1(c) of this Article, he shall not be
entitled to avail himself of the provisions
of Article 22, paragraph 2.”
Article V
In Article 6 of the Convention —
paragraph 3 shall be deleted and replaced
by the following :—
“3. The carrier shall sign prior to the loading
of the cargo on board the aircraft.”
CHAP. VII THE HAGUE PROTOCOL, 1955
61
Article VI
Article 8 of the Convention shall be deleted
and replaced by the following:—
“The air way bill shall contain;
(a) an indication of the places of departure
and destination;
(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;
(c) a notice to the consignor to the effect
that, if the carriage involves an ultimate
destination or stop in a country other
than the country of departure, the
Warsaw Convention may be applicable
and that the Convention governs and in
most cases limits the liability of carriers
in respects of loss of or damage to
cargo.”
Article VII
Article 9 of the Convention shall be deleted
and replaced by the following:—
“If, with the consent of the carrier, cargo
is loaded on board the aircraft without an
air waybill having been made out, or if
the air waybill does not include the notice
required by Article 8, paragraph (c), the
carrier shall not be entitled to avail himself
of the previsions of Article 22, paragraph
2.”
Article VIII
In Article 10 of the Convention —
paragraph 2 shall be deleted and replaced
by the following :—
“2. The consignor shall indemnify the
carrier against all damage suffered by
him, or 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.”
Article IX
To Article 15 of the Convention —
the following paragraph shall be added:—
“3. Nothing in this Convention prevents
the issue of a negotiable air waybill.”
Article X
Paragraph 2 of Article 20 of the Convention
shall be deleted.
Article XI
Article 22 of the Convention shall be deleted
and replaced by the following :—
“Article 22
1. In the carriage of persons the liability of
the carrier for each passenger is limited
to the sum of two hundred and fifty
thousand francs. Where, in accordance
with the law of court seised of the case,
damages may be awarded in the form of
periodical payments, the equivalent
capital value of the said payment shall
not exceed two hundred and fifty
thousand francs. Nevertheless, by
special contract, the carrier and the
passenger may agree to a higher limit of
liability.
2.(a) In the carriage of registered baggage
and of cargo, the liability of the carrier
is limited to a sum of two hundred and
fifty francs per kilogram, unless the
passenger or 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 supplemen-tary 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
sum is greater than the passenger’s or
consignor’s actual interest in delivery
at destination.
(b) In the case of loss, damage or delay of
part of registered baggage or cargo, or
of any object contained therein, the
THE HAGUE PROTOCOL, 1955 CHAP. VII
62
weight to be taken into consideration in
determining the amount to which the
carrier’s liability is limited shall be only
the total weight of the package or
packages concerned. Nevertheless,
when the loss, damage or delay of a part
of the registered baggage or cargo, or of
an object contained therein, affects the
value of other packages covered by the
same baggage check or the same air
waybill, the total weight of such package
or packages shall also be taken into
consideration in determining the limit
of liability.
3. As regards objects of which the
passenger takes charge himself the
liability of the carrier is limited the
liability of the carrier is limited to five
thousand francs per passenger.
4. The limits prescribed in this article shall
not prevent the court from awarding, in
accordance with its own law, in addition,
the whole of part of the court costs and
of the other expenses of the litigation
incurred by the plaintiff. The foregoing
provision shall not apply if the amount
of the damages awarded, excluding court
costs and other expenses of the litigation,
does not exceed the sum which the
carrier has offered in writing to the
plaintiff within a period of six months
from the date of the occurrence causing
the damage, or before the
commencement of the action, if that is
later.
5. The sums mentioned in francs in this
Article shall be deemed to refer to a
currency unit consisting of sixty-five
and a half milligrams of gold of
millesimal fineness nine hundred. These
sums may be converted into national
currencies in round figures. Conversion
of the 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 the judgment.”
Article XII
In Article 23 of the Convention, the existing
provision shall be renumbered as paragraph 1
and another paragraph shall be added as
follows:—
“2. Paragraph 1 of this Article shall not
apply to provisions governing loss or
damage resulting from the inherent
defect, quality or vice of the cargo
carried.”
Article XIII
In Article 25 of the Convention —
Paragraphs 1 and 2 shall be deleted and
replaced by the following:—
“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.”
Article XIV
After Article 25 of the Convention, the
following article shall be inserted :—
“Article 25 A
1. If an action is brought against a servant
or agent of the carrier arising out of
damage to which this Convention
relates, such servant or agent, if he
proves that he acted within the scope of
his employment, shall be entitled to avail
himself of the limits of liability which
that carrier himself is entitled to invoke
under Article 22.
2. The aggregate of the amounts
recoverable from the carrier, his servants
and agents, in that case, shall not exceed
the said limits.
CHAP. VII THE HAGUE PROTOCOL, 1955
63
3. The provisions of paragraphs 1 and 2 of
this article shall not apply if it is proved
that 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.”
Article XV
In Article 26 of the Convention —
paragraph 2 shall be deleted and replaced
by the following :—
“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 seven
days from the date of receipt in the case
of baggage and fourteen days from the
date of receipt in the case of cargo. In
the case of delay the complaint , must
be made at the latest within twenty-one
days from the date on which the baggage
or cargo have been placed at his
disposal.”
Article XVI
Article 34 of the Convention shall be deleted
and replaced by the following:—
“The provisions of Article 3 to 9
inclusive relating to documents of
carriage shall not apply in the case of
carriage performed in extra ordinary
circumstances outside the normal scope
of an air carrier’s business.”
Article XVII
After Article 40 of the Convention, the
following Article shall be inserted:—
“Article 40 A
1. In Article 37, paragraph 2 and Article
40, paragraph 1, the expression High
Contracting Party shall mean State. In
all other cases, the expression High
Contracting Party shall mean a State
whose ratification of or adherence to
the Convention has become effective
and whose denunciation thereof has not
become effective.
2. For the purpose of the Convention the
word territory means not only the
metropolitan territory of State but also
all other territories for the foreign
relations of which that State is
responsible.”
CHAPTER II
SCOPE OF APPLICATION OF
THE CONVENTION AS
AMENDED
Article XVIII
The Convention as amended 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 within
the territory of an other State.
CHAPTER III
FINAL CLAUSES
Article XIX
As between the Parties to this Protocol, the
Convention and the 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.
Article XX
Until the date on which this Protocol comes
into force in accordance with the provisions of
Article XXII, paragraph 1, it shall remain open
for signature on behalf of any State which up
to that date has ratified or adhered to the
Convention or which has participated in the
Conference at which this Protocol was adopted.
Article XXI
1. This Protocol shall be subject to
ratification by the signatory States.
THE HAGUE PROTOCOL, 1955 CHAP. VII
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2. Ratification of this Protocol by any State
which is not a Party to the Convention shall
have the effect of adherence to the Convention
as amended by this Protocol.
3. The instruments of ratification shall be
deposited with the Government of the People’s
Republic of Poland.
Article XXII
1. As soon as thirty signatory States have
deposited their instruments 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.
2. As soon as this Protocol comes into
force it shall be registered with the United
Nations by the Government of the People’s
Republic of Poland.
Article XXIII
1. This Protocol shall, after it has come into
force, be open for adherence by any nonsignatory
State.
2. Adherence to this Protocol by any State
which is not a Party to the Convention shall
have the effect of adherence to the Convention
as amended by this Protocol.
3. Adherence shall be effected by the
deposit of an instrument of adherence with the
Government of the People’s Republic of Poland
and shall take effect on the ninetieth day after
the deposit.
Article XXIV
1. Any Party to this Protocol may denounce
the Protocol by notification addressed to the
Government of the People’s Republic of
Poland.
2. Denunciation shall take effect six months
after the date of receipt by the Government of
the People’s Republic of Poland of the
notification of denunciation.
3. As between of Parties to this Protocol,
denunciation by any of them of the Convention
in accordance with Article 39 thereof shall not
be construed in any way as a denunciation of
the Convention as amended by this Protocol.
Article XXV
1. This Protocol shall apply to all territories
for the foreign relations of which a State Party
to this Protocol is responsible, with the
exception of territories in respect of which a
declaration has been made in accordance with
paragraph 2 of this Article.
2. Any State may, at the time of deposit of
its instrument of ratification or adherence,
declare that its acceptance of this Protocol
does not apply to any one or more of the
territories for the foreign relations of which
such State is responsible.
3. Any State may subsequently, by
notification to the Government of the people’s
Republic of Poland, extend to application of
this Protocol to any or all of the territories
regarding which it has made a declaration in
accordance with paragraph 2 of this Article.
The notification shall take effect on the ninetieth
day after its receipt by that Government.
4. Any State Party to this Protocol may
denounce it, in accordance with the provisions
of Article XXIV, paragraph 1, separately for
any or all of the territories for the foreign
relations of which such State is responsible.
Article XXVI
No reservation may be made to this Protocol
except that a State may at any time declare by
notification addressed to the Government of
the People’s Republic of Poland that the
Convention as amended by this Protocol shall
not apply to the carriage of persons, cargo and
baggage 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.
CHAP. VII THE HAGUE PROTOCOL, 1955
* The protocol came into force on 1 August, 1963.
65
Article XXVII
The Government of the People’s Republic
of Poland shall give immediate notice to the
Governments of all States signatories to the
Convention or this Protocol, all States Parties
to the Convention or this Protocol, and all
States Members of the International Civil
Aviation Organization or of the United Nations
and to the International Civil Aviation
Organization:
(a) of any signature of this Protocol and
the date thereof;
(b) of the deposit of any instrument or
ratification or adherence in respect of
this Protocol and the date thereof;
(c) of the date on which this protocol comes
into force in accordance with Article
XXII, paragraph I;
(d) of the receipt of any notification of
denunciation and the date thereof;
(e) of the receipt of any declaration or
notification made under Article XXV
and the date thereof; and
(f) of the receipt of any notification made
under Article XXVI and the date thereof.
In WITNESS WHEREOF the undersigned
Plenipotentiaries, having been duly authorized,
have signed this Protocol.
DONE at The Hague on the twenty-eighth
day of the month of September of the year one
Thousand Nine Hundred and Fifty-five, in three
authenitic texts in the English, French and
Spanish languages. In the case of any
inconsistency, the text in the French language,
in which language the Convention was drawn
up, shall prevail.
This Protocol shall be deposited with the
Government of the People’s Republic of Poland
with which, in accordance with Article XX, it
shall remain open for signature, and that
Government shall send certified copies thereof
to the Government of all States signatories to
the Convention or this Protocol, all States
Parties to the Convention or this Protocol, and
all States Members of the International Civil
Aviation Organization or of the United Nations,
and to the International Civil Aviation
Organization.
THE HAGUE PROTOCOL, 1955 CHAP. VII