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ADDITIONAL PROTOCOL No. 3 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 AND AT GUATEMALA CITY ON 8 MARCH 1971, SIGNED AT MONTREAL, ON 25 SEPTEMBER 1975
(ADDITIONAL PROTOCOL No. 3 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 Protocols done at The
Hague on 28 September 1955, and at Guatemala City on 8 March 1971,
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, and at
Guatemala City in 1971.
Article II
Article 22 of the Convention shall be deleted and replaced by the
following:-
"Article 22
1. (a) In the carriage of persons the liability of the carrier is
limited to the sum of 100 000 Special Drawing Rights for the aggregate of
the claims, however founded, in respect of damage suffered as a result of
the death or personal injury of each passenger. 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 100 000 Special Drawing Rights.
(b) In the case of delay in the carriage of persons the liability
of the carrier for each passenger is limited to 4 150 Special Drawing
Rights.
(c) In the carriage of baggage the liability of the carrier in
the case of destruction, loss, damage or delay is limited to 1 000 Special
Drawing Rights for each passenger.
2. (a) 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 that sum is greater than the consignor's actual interest in
delivery at destination.
(b) In the case of loss, damage or delay of part of the 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 cargo, or of an object
contained therein, affects the value of other packages covered by 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. (a) The courts of the High Contracting Parties which are not
authorized under their law to award the costs of the action, including
lawyers' fees, shall, in actions to which this Convention applies, have the
power to award, in their discretion, to the claimant the whole or part of
the costs of the action, including lawyers' fees which the court considers
reasonable.
(b) The costs of the action including lawyers' fees shall be awarded
in accordance with subparagraph (a) only if the claimant gives a written
notice to the carrier of the amount claimed including the particulars of the
calculation of that amount and the carrier does not make, within a period of
six months after his receipt of such notice, a written offer of settlement
in an amount at least equal to the compensation awarded within the
applicable limit. This period will be extended until the time of
commencement of the action if that is later.
(c) The costs of the action including lawyers' fees shall
not be taken into account in applying the limits under this Article.
4. The sums mentioned in terms of Special Drawing Right in this Article
and Article 42 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 and 2(a) 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 1 500 000 monetary units per passenger with respect to
paragraph 1(a) of Article 22; 62 500 monetary units per passenger with
respect to paragraph 1(b) of Article 22; 15 000 monetary units per passenger
with respect to paragraph 1(c) of Article 22; and 250 monetary units per
kilogramme with respect to paragraph 2(a) of Article 22. A State applying
the provisions of this paragraph may also declare that the sum referred to
in paragraphs 2 and 3 of Article 42 shall be the sum of 187 500 monetary
units. 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."
Article III
In Article 42 of the Convention paragraphs 2 and 3 shall be deleted and
replaced by the following:-
"2. At each of the Conferences mentioned in paragraph 1 of this Article
the limit of liability in Article 22, paragraph 1 (a) in force at the
respective dates of these Conferences shall not be increased by an amount
exceeding 12 500 Special Drawing Rights.
3. Subject to paragraph 2 of this Article, unless before the thirty-
first December of the fifth and tenth year after the date of entry into
force of the Protocol referred to in paragraph 1 of this Article the
aforesaid Conferences decide otherwise by a two-thirds majority vote of the
Parties present and voting, the limit of liability in Article 22, paragraph
1 (a) in force at the respective dates of these Conferences shall on those
dates be increased by 12 500 Special Drawing Rights."
CHAPTER II
SCOPE OF APPLICATION OF THE
CONVENTION AS AMENDED
Article IV
The Warsaw Convention as amended at The Hague in 1955, and at Guatemala
City in 1971 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 V
As between the Parties to this Protocol, the Warsaw Convention as
amended at The Hague in 1955 and at Guatemala City in 1971, 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, at
Guatemala City, 1971, and by the Additional Protocol No. 3 of Montreal,
1975.
Article VI
Until the date on which this Protocol comes into force in accordance
with the provisions of Article VIII, it shall remain open for signature by
any State.
Article VII
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, or by any State which is not
a Party to the Warsaw Convention as amended at The Hague, 1955, and at
Guatemala City, 1971, shall have the effect of accession to the Warsaw
Convention as amended at The Hague, 1955, at Guatemala City, 1971, and
by the Additional Protocol No. 3 of Montreal, 1975.
3. The instruments of ratification shall be deposited with the
Government of the Polish People's Republic.
Article VIII
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 IX
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, or by any State not a Party to the
Warsaw Convention as amended at The Hague, 1955, and at Guatemala City,
1971, shall have the effect of accession to the Warsaw Convention as amended
at The Hague, 1955, at Guatemala City, 1971, and by the Additional Protocol
No. 3 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 X
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 or of the
Guatemala City Protocol in accordance with Article XXII thereof shall not
be construed in any way as a denunciation of the Warsaw Convention as
amended at The Hague, 1955, at Guatemala City, 1971, and by the
Additional Protocol No. 3 of Montreal, 1975.
Article XI
1. Only the following reservations may be made to this Protocol:-
(a) any State whose courts are not authorized under its law
to award the costs of the action including lawyers' fees may at any
time by a notification addressed to the Government of the Polish
People's Republic declare that Article 22, paragraph 3(a) shall not
apply to its courts;
(b) any 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, at
Guatemala City, 1971, and by the Additional Protocol No. 3 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
(c) any State may declare at the time of ratification of or
accession to the Montreal Protocol No. 4 of 1975, or at any time
thereafter, that it is not bound by the provisions of the Warsaw
Convention as amended at The Hague, 1955, at Guatemala City,
1971, and by the Additional Protocol No. 3 of Montreal, 1975, in
so far as they relate to the carriage of cargo, mail and postal
packages. Such declaration shall have effect ninety days after the
date of receipt by the Government of the Polish People's Republic
of the declaration.
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.
Article XII
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 XIII
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, at Guatemala City, 1971, and by the Additional
Protocol No. 3 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 XIV
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 VIII 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 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.