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ADDITIONAL PROTOCOL No. 2 TO AMEND THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES IN RELATION 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 1875
(ADDITIONAL PROTOCOL No. 2 TO THE WARSAW CONVENTION)
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 1929 as amended by the Protocol done at The
Hague on 28 September 1955,
HAVE AGREED as follows:
CHAPTER I
AMENDMENTS TO THE CONVENTION
Article I
The Convention which the provisions of the present Chapter modify
is the Warsaw Convention as amended at The Hague in 1955.
Article II
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 16 600 Special Drawing Rights. Where,
in accordance with the law of the court seised of the case, damages may be
awarded in the form of periodic payments, the equivalent capital value of
the said payments shall not exceed this limit. 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 17 Special Drawing Rights
per kilogramme, 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 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 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 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 to 332 Special Drawing Rights 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 or
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 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. Conversion of the sums into national
currencies shall, in case of judicial proceedings, be made according to the
value of such currencies in terms of the Special Drawing Right at the date
of the judgment. The value of a national currency, in terms of the Special
Drawing Right, of a High Contracting Party which is a Member of the
International Monetary Fund, shall be calculated in accordance with the
method of valuation applied by the International Monetary Fund, in effect at
the date of the judgment, for its operations and transactions. The value of
a national currency, in terms of the Special Drawing Right, of a High
Contracting Party which is not a Member of the International Monetary Fund,
shall be calculated in a manner determined by that High Contracting Party.
Nevertheless, those States which are not Members of the International
Monetary Fund and whose law does not permit the application of the
provisions of paragraphs 1, 2(a) and 3 of Article 22 may at the time of
ratification or accession or at any time thereafter, declare that the limit
of liability of the carrier in judicial proceedings in their territories is
fixed at a sum of 250 000 monetary units per passenger with respect to
paragraph 1 of Article 22; 250 monetary units per kilogramme with respect to
paragraph 2(a) of Article 22; and 5 000 monetary units per passenger with
respect to paragraph 3 of Article 22. This monetary unit corresponds to
sixty-five and a half milligrammes of gold of millesimal fineness nine
hundred. These sums may be converted into the national currency concerned in
round figures. The conversion of these sums into national currency shall be
made according to the law of the State concerned."
CHAPTER II
SCOPE OF APPLICATION OF
THE CONVENTION AS AMENDED
Article III
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.
CHAPTER III
FINAL CLAUSES
Article IV
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 Additional
Protocol No. 2 of Montreal, 1975.
Article V
Until the date on which this Protocol comes into force in accordance
with the provisions of Article VII, it shall remain open for signature by
any State.
Article VI
1. This Protocol shall be subject to ratification by the signatory
States.
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 Additional Protocol No. 2 of Montreal, 1975.
3. The instruments of ratification shall be deposited with the
Government of the Polish People's Republic.
Article VII
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 Polish People's Republic.
Article VIII
1. This Protocol, after it has come into force, shall be open for
accession by any non-signatory State.
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 Additional Protocol No. 2 of Montreal, 1975.
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.
Article IX
1. Any Party to this Protocol may denounce the Protocol by
notification addressed to the Government of the Polish People's Republic.
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.
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 Additional Protocol No. 2 of
Montreal, 1975.
Article X
No reservation may be made to this Protocol except that a State may at
any time declare by a notification addressed to the Government of the Polish
People's Republic 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.
Article XI
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.
Article XII
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 Additional Protocol No. 2 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.
Article XIII
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 VII 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.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, having
been duly authorized, have signed this Protocol.
DONE at Montreal on the twenty-fifth day of the month 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.