Last updated: 2018-01-17 13:22 local time
The Warsaw Convention is an international convention which regulates liability for international carriage of persons, luggage or goods performed by aircraft for reward.
Originally signed in 1929 in Warsaw (hence the name), it was amended in 1955 at The Hague and in 1975 in Montreal. US courts have held that, at least for some purposes, the Warsaw Convention is a different instrument from the Warsaw Convention as Amended by the Hague Protocol.
In particular, the Warsaw Convention:
- mandates carriers to issue passenger tickets
- requires carriers to issue baggage checks for checked luggage
- limits a carrier's liability to:
- 17 SDR per kilogram for checked luggage and cargo
These sums are valid in the absence of a differing agreement (on a higher sum) with the carrier. Agreements on lower sums are null and void.
On 1 September 2005, the exchange rate was 1.00 SDR = 1,189 EUR or 1.00 SDR = 1,473 USD.
The Warsaw Convention governs the international carriage of goods by aircraft for hire or reward when the place of departure and place of destination are both situated in the territory of states which are parties to the Convention.
The carriage by air extends only to the period while goods are in the charge of the carrier in an airport or on board an aircraft. It should be noted that the Convention does not apply to any part-carriage by land or sea. Also, the Convention does not apply to mail or postal packets. The Convention states that the exporter must make out an air waybill (even if in practice this is done by the carrier or forwarder) and is responsible for the correctness of the statements relating to the goods in the air waybill. Also, the exporter must make a claim within set time limits; e.g., notice must be given in writing immediately potential loss or damage is discovered.
The carrier is liable for loss, damage, or delay to the goods while they are in his charge in an airport or on board an aircraft. However, it is possible for the carrier to exclude loss, or damage resulting from inherent vice, etc.