Warsaw Convention

Below you will find the complete text of the Warsaw Convention, which limits liability in international air transport.

1. Reference to general limitation of liability under the Warsaw Convention

When travelling with a final destination or stopover in a country other than the country of departure, the passenger's carriage may be subject to the Warsaw Convention, which generally limits the carrier's liability for death or personal injury and for loss of or damage to baggage. See also ‘Notice to passengers travelling internationally about limitation of liability’.

2. Contractual conditions for carriage by air

1. For the purposes of this agreement, ‘ticket’ means the ticket and baggage check of which these conditions and notices form an integral part; ‘carrier’ means any carrier which carries or undertakes to carry the passenger or his baggage on the basis of the aforementioned ticket or which provides other services in connection with carriage; ‘Warsaw Convention’ means the agreement for the unification of certain rules relating to international carriage by air, signed in Warsaw on 12 October 1929, or this agreement as amended at The Hague on 28 September 1955, whichever is applicable.
2. Carriage under the ticket is subject to the liability regime of the Warsaw Convention, unless such carriage is not ‘international carriage’ within the meaning of the convention.
3. In all other respects, carriage and other services of the carrier are subject to (I) the conditions contained in the ticket, (II) the applicable tariffs, (III) the carrier's conditions of carriage and other terms and conditions which form part of this contract (and which are available for inspection at the offices of the carrier and the tour operator or on request); carriage to/from points in the USA or Canada is subject to the tariffs in force there.
4. The name of the carrier may be abbreviated in the ticket; the full or abbreviated name of the carrier is shown in the carrier's tariffs, conditions of carriage, other regulations or timetables. The carrier's address is deemed to be the departure airport indicated on the ticket next to the first abbreviated name of the carrier. Agreed stopover points are those indicated in the ticket or in the flight plans of the carrier as scheduled stopover points on the respective route. Carriage to be performed by several successive carriers on the basis of this ticket shall be considered as one carriage.
5. The Carrier issuing a ticket for carriage on the services of another carrier acts in this respect only as its agent.
6. Exclusion or limitation of the carrier's liability shall apply in favour of the carrier's agents, employees and representatives, and in favour of any person whose aircraft is used by the carrier for carriage, including its agents, employees and representatives.
7. Baggage checked in for carriage shall be delivered to the ticket holder. Damage to baggage during international carriage must be reported to the carrier in writing immediately upon discovery, but in any case no later than seven days after receipt, in the event of delay 21 days after delivery of the baggage; for damage to baggage during other carriage, the corresponding provisions in the tariffs and conditions of carriage shall apply in this respect.
8. Each flight coupon entitles the holder to carriage on the day and on the route for which a seat has been booked and, if necessary, reconfirmed in accordance with the provisions of the tour operator. The entitlement to carriage lapses if the booked flight is not taken.
9. The carrier shall use its best endeavours to transport the passenger and baggage as punctually as possible.
10. The passenger must fulfil any travel formalities required by the authorities, present the necessary exit, entry and other documents and arrive at the airport at the time specified by the carrier or, if no time is specified, early enough to be checked in for the flight.
11. No agent, employee or authorised representative of the carrier is entitled to amend, modify or cancel any of the provisions of this contract.

3. Notification to passengers travelling internationally about limitation of liability

Passengers who terminate or interrupt their journey in a country other than the country of departure are advised that the provisions of the Warsaw Convention may apply to the entire journey, including a leg of the journey wholly within the country of departure or the country of destination. For passengers travelling to or from the USA or whose journey has a scheduled stopover or layover in the USA, the convention and other special agreements forming part of the applicable fare rules provide that the liability of the airline that issued this ticket and certain other airlines subject to these special agreements for death and personal injury to passengers is limited in most cases to proven damages, up to a maximum of US $ 75. 000 per passenger, and that liability up to this limit applies even in the absence of negligence on the part of the carrier. For passengers travelling on an airline that is not subject to these special arrangements, or passengers not travelling to or from the USA or whose flight does not have a scheduled stopover or layover in the USA, the carrier's liability for death or bodily injury to passengers is limited in most cases to approximately US $10,000 or US $20,000.
The names of the airlines subject to the special agreements can be obtained on request from any ticket office of these airlines or from the tour operator.
Additional cover can be obtained by taking out private insurance. Such insurance cover is not affected by the limitation of the carrier's liability under the Warsaw Convention or the special agreements mentioned. Please contact your airline, insurance company or tour operator for further information.

Note
The above limit of US $ 75,000 includes legal costs; if a claim is made in a country where legal costs are separately awarded, the limit is US $ 58,000 excluding legal costs.

4. Reference to Regulation (EC) 2027/97 on air carrier liability in the event of accidents

In the case of a journey with a final destination or stopover in a country other than the country of departure, carriage, including those parts of the journey whose point of departure and destination are within the same country, may be subject to the Warsaw Convention, which generally limits the carrier's liability for death or personal injury or other damage to health and for loss, delay or damage to baggage. Many airlines, including all European Community airlines, do not invoke the Warsaw Convention limits on liability for death or personal injury and, for claims up to 100,000 Special Drawing Rights (SDRs) for each passenger, do not invoke the defence that they have taken all necessary measures to avoid the damage.
In addition, in the event of death or personal injury, many airlines pay an advance to the natural persons entitled to compensation to meet their immediate economic needs, in proportion to the severity of the case. European airlines make such advance payments in accordance with European Community regulations. Other airlines may apply different rules.

5. Reference to limitation of liability for baggage

Liability for loss, delay or damage to baggage is limited unless a higher value has been declared and surcharges paid prior to check-in.
1. In most cases of international carriage (including domestic portions of international carriage), up to US $9.07 per US pound (US $20.00 per kilogram) for checked baggage and up to US $400.00 for unchecked baggage per passenger.
2. In the case of carriage exclusively between points in the USA, the maximum liability limit for baggage is US $ 1,250.00 per passenger. A higher value may be declared for certain items. Some airlines do not accept liability for fragile, valuable or perishable items. Further information can be obtained from the airline or tour operator.

6. Full text of the Warsaw Convention

Warsaw Convention

Agreement for the unification of certain rules relating to international carriage by air (Warsaw Convention)
of 12 October 1929 (RGBl 1933 II p. 1039) in the version of the Protocol of Amendment of 28 September 1955 (BGBl. 1958 II p. 291)

Status: 04-04-1998

CHAPTER 1
Subject matter - Definitions

Article 1
(1) This agreement shall apply to all international carriage of persons, baggage or cargo performed by aircraft for reward. It shall also apply to carriage by aircraft free of charge when performed by an air carrier.
(2) For the purposes of this agreement, any carriage shall be deemed to be international carriage if, according to the agreement of the parties, the place of departure and the place of destination, whether or not there is a break in the carriage or a change of vehicle, are situated in the territories of two of the high contracting parties or, if these places are situated in the territory of one high contracting party only, but an intermediate landing is provided for in the territory of another state, even if that state is not a high contracting party. Carriage between two places within the territory of only one high contracting party without such a stop-over shall not be considered as international carriage within the meaning of this agreement.
(3) Where carriage is to be performed by several successive carriers, it shall be deemed to be a single carriage for the purposes of this agreement, provided that it has been agreed by the parties as a single performance. It makes no difference whether the contract of carriage has been concluded in the form of a single contract or a series of contracts. Such carriage shall not cease to be international carriage by reason of the fact that a contract or series of contracts is to be performed exclusively within the territory of one and the same state.

Article 2
(1) If the conditions of article 1 are fulfilled, the convention shall also apply to carriage performed by the state or by another legal person governed by public law.
(2) This convention shall not apply to the carriage of letters and parcels.

CHAPTER 2
Transport tickets

Section 1
Ticket

Article 3
(1) The carriage of passengers shall be subject to the issue of a ticket containing
(a) the place of departure and destination;
(b) if the points of departure and destination are in the territory of the same high contracting party but one or more intermediate landings are to be made in the territory of another state, an indication of one of these intermediate landings;
(c) an indication that, in the case of a journey where the final destination or a stop-over point is in a country other than the country of departure, the carriage of passengers may be subject to the Warsaw Convention, which normally limits the liability of the carrier for death or personal injury and for loss of or damage to baggage.
(2) The ticket proves, in the absence of proof to the contrary, the conclusion and terms of the contract of carriage. The existence and validity of the contract of carriage shall not be affected if the ticket is missing, defective or lost; in such cases the contract shall also be governed by the provisions of this agreement. however, if the passenger boards the aircraft with the consent of the carrier without a ticket having been issued, or if the ticket does not contain the endorsement prescribed in paragraph 1 (c), the carrier may not invoke the provisions of Article 22.

Section 2
Baggage Check

Article 4
(1) A baggage check shall be issued for the carriage of checked baggage. If the baggage check is not attached to or incorporated in a ticket complying with the provisions of Article 3(1), it shall contain
(a) an indication of the place of departure and destination;
(b) if the points of departure and destination are in the territory of the same high contracting party, but one or more intermediate landings are planned in the territory of another state, an indication of one of these intermediate landing points;
(c) an indication that, if the final destination or an intermediate landing point is in a country other than the country of departure, the carriage may be subject to the Warsaw Convention, which normally limits the liability of the carrier for loss of or damage to baggage.
(2) The baggage check proves, unless the contrary is proved, that the baggage has been checked in and that the conditions of the contract of carriage have been fulfilled. The existence and validity of the contract of carriage shall not be affected if the baggage check is missing, is not in order or is lost; in such cases the contract shall also be governed by the provisions of this convention. However, if the carrier takes charge of the baggage without issuing a baggage check, or if the baggage check, when not attached to or incorporated in a ticket complying with the provisions of Article 3, paragraph 1, does not bear the endorsement required by paragraph 1, subparagraph (c), the carrier may not invoke the provisions of Article 22, paragraph 2.

Section 3
Air waybill

Article 5
(1) In the carriage of goods, the carrier may require the consignor to issue and deliver a consignment note (air waybill) and the consignor may require the carrier to accept this document.
(2) The existence and validity of the contract of carriage shall not be affected by the absence, loss or irregularity of the air waybill; in such cases the contract shall also be governed by the provisions of this convention, without prejudice to the provisions of article 9.

Article 6
(1) The air waybill shall be made out by the consignor in three copies and delivered with the goods.
(2) The first copy shall bear the endorsement ‘for the carrier’ and shall be signed by the consignor. The second piece shall bear the endorsement ‘for the consignee’; it shall be signed by the consignor and the carrier and shall accompany the goods. The third piece shall be signed by the carrier and handed over to the consignor after acceptance of the goods.
(3) The carrier must sign before the goods are loaded onto the aircraft.
(4) The signature of the carrier may be replaced by a stamp, that of the consignor may be printed or replaced by a stamp.
(5) If the air waybill is issued by the carrier at the request of the consignor, the carrier shall be presumed, unless the contrary is proved, to have acted as agent for the consignor.

Article 7
If the consignment consists of several packages, the carrier may require the consignor to issue several air waybills.

Article 8
The air waybill must contain
(a) an indication of the place of departure and destination;
(b) if the place of departure and destination are in the territory of the same high contracting party but one or more intermediate landings are to be made in the territory of another state, an indication of one of these intermediate landing points;
(c) an indication to the consignor that, if the final destination or an intermediate landing point is in a country other than the country of departure, the carriage may be subject to the Warsaw Agreement, which normally limits the carrier's liability for loss of or damage to goods.

Article 9
If goods are loaded on the aircraft with the consent of the carrier without an air waybill having been issued, or if the air waybill does not contain the indication prescribed in Article 8 (c), the carrier may not invoke the provisions of Article 22 (2).

Article 10
(1) The consignor shall be liable for the accuracy of the particulars and declarations concerning the goods which he makes in the air waybill.
(2) He shall be liable to the carrier for any damage suffered by the carrier or by a third party for whom the carrier is responsible as a result of the incorrectness, inaccuracy or incompleteness of such particulars and declarations.

Article 11
(1) The air waybill shall constitute evidence of the conclusion of the contract, of the receipt of the goods and of the conditions of carriage; evidence to the contrary shall be admissible.
(2) The particulars in the air waybill as to the weight, dimensions and packaging of the goods and as to the number of packages shall be presumed to be correct in the absence of proof to the contrary. The particulars concerning the quantity, volume and condition of the goods shall only constitute proof vis-à-vis the carrier if the latter has verified them in the presence of the consignor and this is noted on the consignment note, or if the particulars relate to the externally recognisable condition of the goods.

Article 12
(1) The consignor is entitled to dispose of the goods in such a way that he may return them at the airport of departure or destination, stop en route during a landing, deliver them at the airport of destination or en route to a person other than the consignee named in the air waybill, or have them returned to the airport of departure, provided that he fulfills all obligations under the contract of carriage. This right can only be exercised to the extent that it does not harm the air carrier or the other senders. The sender is obligated to reimburse the costs incurred by the execution of the order.
(2) If the execution of the consignor's instructions is impossible, the carrier must inform the consignor immediately.
(3) If the carrier complies with the instructions of the consignor without requiring the presentation of the part of the bill of lading given to him, he is liable to the rightful owner of the bill of lading for any damage arising therefrom, without prejudice to his right of recourse against the consignor.
(4) The sender's right expires at the time the recipient's right is established in accordance with Article 13. It comes back to life when the recipient refuses to accept the air waybill or the goods, or if they can't be reached.

Article 13
(1) Except in cases of Article 12, the consignee is entitled upon arrival of the goods at the place of destination to demand from the carrier the surrender of the air waybill and delivery of the goods against payment of the amounts due and fulfillment of the conditions of carriage specified in the air waybill.
(2) Unless otherwise agreed, the carrier must notify the recipient of the goods' arrival without delay.
(3) If the loss of the goods is acknowledged by the carrier, or if the goods have not arrived within seven days of the date they were supposed to arrive, the recipient can assert the rights from the freight contract against the carrier.

Article 14
The sender and the consignee, whether acting for their own account or for that of another, may assert the rights conferred on them by Articles 12 and 13 in their own name, provided they fulfil the obligations arising from the contract of carriage.

Article 15
(1) The relationships between the sender and the recipient, as well as the relationships of third parties whose rights arise from the sender or the recipient, are not affected by the provisions of Articles 12, 13, and 14.
(2) Any agreement that deviates from the provisions of Articles 12, 13, and 14 must be noted on the air waybill.
(3) This agreement does not preclude the issuance of a negotiable air waybill.

Article 16
(1) The consignor is obligated to provide all information necessary for the fulfillment of customs, tax, or police regulations prior to the handover of the goods to the consignee, and to include all necessary accompanying documents with the air waybill for this purpose. The consignor is liable to the carrier for all damages resulting from the absence, inadequacy, or inaccuracy of such information and documents, unless the carrier or its agents are at fault.
(2) The carrier is not obligated to verify the accuracy and completeness of this information and these documents.

CHAPTER 3
Carrier liability

Article 17
The carrier is liable for damage caused by the death of a passenger, bodily injury or other health damage to a passenger if the accident that caused the damage occurred on board the aircraft or during boarding or deplaning.

Article 18
(1) The carrier is liable for damage occasioned by the destruction or loss of, or damage to, checked baggage or cargo, if the event which caused the damage so occurred during the period when the cargo was in the charge of the carrier.
(2) The term "air transportation" in the sense of the preceding paragraph includes the period during which the baggage or goods are at an airport, on board an aircraft, or, in the case of landing outside an airport, at any location under the care of the carrier.
(3) The period of air carriage does not include carriage by land, sea or inland waterways outside an airport. However, if such a transfer occurs during the execution of the air transportation contract for the purpose of loading, delivery, or reloading, it is presumed, until proven otherwise, that the damage was caused by an event that occurred during air transportation.

Article 19
The carrier is liable for damage caused by delay in the carriage of passengers, baggage or cargo.

Article 20
(1) The obligation to pay compensation does not apply if the carrier proves that he and his staff took all necessary measures to prevent the damage or that they were unable to take these measures.
(2) (removed)

Article 21
If the air carrier proves that the damage was caused by the injured party's own fault or contributed to the occurrence of the damage, the court may decide, in accordance with its domestic law, that the air carrier is not or only to a reduced extent liable for damages.

Article 22
(1) In the carriage of passengers, the carrier is liable for damage sustained in case of death or bodily injury of a passenger up to the sum of 250,000 SDR. If the compensation can be determined in the form of a cash pension under the law of the court of appeal, the capital value of the pension may not exceed this maximum amount. However, the passenger may agree with the carrier to a higher liability sum.
(2)
a) When transporting checked baggage and goods, the air carrier is liable only up to an amount of 250 Swiss francs per kilogram. This restriction does not apply if the sender has declared their interest in delivery when submitting the item and has paid the agreed-upon premium. In this case, the carrier must provide compensation up to the declared amount, unless he proves that this is higher than the actual interest of the sender in the delivery.
b) In the event of loss, damage or delay of a part of the checked baggage or cargo or any item contained therein, the carrier's liability shall be determined only by the total weight of the affected items.
(3) The liability of the air carrier for items that the passenger keeps in his or her care is limited to a maximum amount of 5,000 Swiss francs per passenger.
(4) The limitations of liability set forth in this article do not prevent the court from awarding, in addition, in accordance with its law, an amount that corresponds in whole or in part to the court costs and other expenses incurred by the plaintiff in the legal dispute. This provision shall not apply if the awarded damages, without taking into account the court costs and other expenses for the legal dispute, do not exceed the amount that the air carrier has offered the claimant in writing within a period of six months from the event that caused the damage, or, if the claim was raised after the expiration of this period, before its raising.
(5) The franc amounts stated in this article refer to a monetary unit with a value of 65½ milligrams of gold with a fineness of 900/1000. They can be converted into rounded amounts of any national currency. The conversion of these amounts into other national currencies than gold currencies in the event of a legal proceeding is done according to the gold value of these currencies at the time of the decision.

Article 23
(1) Any provision of the contract of carriage which excludes or limits the liability of the carrier wholly or partly or which reduces the liability sum laid down in this agreement shall be null and void; its nullity shall not entail the nullity of the contract, which shall remain subject to the provisions of this agreement.
(2) This paragraph does not apply to provisions of the contract of carriage regarding loss or damage arising from the nature of the goods being transported or a defect inherent in them.

Article 24
(1) In the cases of Articles 18 and 19, a claim for damages, regardless of the legal basis, may only be asserted under the conditions and limitations provided for in this convention.
(2) The provision of the preceding paragraph also applies in the cases of Article 17. The question of which individuals are entitled to file a lawsuit and what rights they are entitled to is not affected by this.

Article 25
The limitations of liability provided for in Article 22 shall not apply if it is proved that the damage was caused by an act or omission of the carrier or its servants or agents done with intent to cause damage or recklessly and with knowledge that damage would probably result. In the case of an action or omission by the people, it must also be proven that they acted in the execution of their duties.

Article 25A
(1) If one of the air carrier's employees is held liable for damage under this agreement, he may invoke the limitations of liability applicable to the air carrier under Article 22, provided he proves that he acted in the course of his duties.
(2) The total amount that the carrier and its agents must pay as compensation in this case may not exceed the aforementioned liability amounts.
(3) The provisions of paragraphs 1 and 2 shall not apply if it is proved that the damage was caused by an act or omission of the carrier's servants or agents done with the intent of causing damage, or recklessly and with knowledge that damage would probably result.

Article 26
(1) If the recipient accepts baggage or goods without reservation, it is presumed, until proven otherwise, that they have been delivered in good condition and in accordance with the transport document.
(2) In the event of damage, the recipient must notify the carrier immediately after discovering the damage, but in any case for baggage within seven days and for goods within fourteen days after acceptance. In the event of a delay, the notification must be made within twenty-one days after the delivery of the luggage or goods to the recipient.
(3) Any objection must be noted on the waybill or declared in writing in another manner and sent within the time limit provided for this purpose.
(4) If the notice period is missed, any claim against the air carrier is excluded, unless the air carrier acted fraudulently.

Article 27
If the debtor dies, the claim for damages within the limits of this agreement can be asserted against his legal successors.

Article 28
(1) A claim for damages must be filed in the territory of one of the high contracting parties, at the plaintiff's option, before the court of the place where the carrier has its residence or where its principal place of business or the place of the branch of the carrier with which the contract was made is located, or before the court of the place of destination.
(2) The procedure is governed by the laws of the court of appeal.

Article 29
(1) A claim for damages can only be made within an exclusion period of two years. The period begins on the day the aircraft arrives at the destination, or on the day it should have arrived, or on the day the transportation was interrupted.
(2) The calculation of the time limit is determined by the laws of the court of appeal.

Article 30
(1) If the carriage is performed by several successive carriers (Article 1, paragraph 3), each of them who accepts passengers, baggage or freight is subject to the provisions of this agreement; he is considered as one of the parties to the contract of carriage in so far as the carriage under his control is concerned.
(2) In the case of such carriage of passengers, the passenger or other persons entitled to compensation may only claim against the carrier that performed the carriage during which the accident or delay occurred, unless the first carrier has assumed liability for the entire journey by express agreement.
(3) If the items are baggage or cargo, the consignor may claim from the first, and the consignee who may demand delivery from the last, and each of them from the carrier which performed the carriage during which the destruction, loss, or damage occurred or the delay happened. These freight forwarders are jointly and severally liable to the shipper and the consignee.

CHAPTER 4
Regulations on mixed transport

Article 31
(1) In the case of combined transportation, which is performed in part by aircraft and in part by other means of transport, the provisions of this convention shall apply only to air transportation and only if it meets the requirements of Article 1.
(2) No provision of this convention shall prevent the parties, in the case of combined carriage, from including in the air waybill terms and conditions of carriage by other modes of transport, provided that the provisions of this convention are observed with respect to carriage by air.

CHAPTER 5
General provisions and final provisions

Article 32
All provisions of the contract of carriage and all special agreements entered into prior to the occurrence of the damage, in which the parties by determining the applicable law or by amending the rules on jurisdiction, establish rules that deviate from this agreement, are null and void. However, in the case of the carriage of goods, arbitration clauses are permissible under this convention if the proceedings are to take place in the district of one of the courts designated in Article 28(1).

Article 33
No provision of this convention shall prevent the carrier from refusing to enter into a contract of carriage or from imposing conditions on the contract of carriage that are not inconsistent with the provisions of this convention.

Article 34
The provisions of Articles 3 to 9 concerning transport documents shall not apply to transport operations carried out under exceptional circumstances and not as part of regular air transport.

Article 35
The term "days" in the sense of this convention also includes sundays and holidays.

Article 36
This convention is written in French in a single original, which shall be deposited in the archives of the Polish Ministry of Foreign Affairs. The Polish government will transmit a certified copy to the government of each of the high contracting parties.

Article 37
(1) This convention is to be ratified. The instruments of ratification shall be deposited in the archives of the Polish Ministry of Foreign Affairs, which will inform the government of each of the high contracting parties of the deposit.(2) This convention shall enter into force among those of the high contracting parties which have ratified it after the deposit of the fifth instrument of ratification on the ninetieth day after the deposit of the fifth instrument of ratification. After this time, it shall enter into force between the high contracting parties who have ratified it and the high contracting party who has deposited its instrument of ratification on the ninetieth day after such deposit.
(3) The Government of the Republic of Poland shall notify the government of each of the high contracting parties of the date on which this agreement enters into force and of the date on which each instrument of ratification is deposited.

Article 38
(1) The accession to this convention remains open to all states after its entry into force.
(2) Accession shall be effected by notification to the government of the Republic of Poland, which shall inform the government of each of the high contracting parties thereof.
(3) The accession shall take effect on the ninetieth day following notification to the government of the Republic of Poland.

Article 39
(1) Each of the high contracting parties may terminate this convention by notifying the government of the Republic of Poland in writing, which will immediately inform the government of each of the high contracting parties.
(2) This termination becomes effective six months after it is declared, and only with respect to the part of the contract that declared it.

Article 40
(1) The high contracting parties may declare at the time of signature, of the deposit of their instruments of ratification or at the time of their accession that the acceptance of this convention does not extend to the whole or any part of their colonies, protectorates or territories under mandate or any other territories under their sovereignty, suzerainty or authority.
(2) Accordingly, they may subsequently declare their accession separately on behalf of the whole or any part of their colonies, protectorates, or territories under mandate, or any other territories under their sovereignty, suzerainty, or authority.
(3) They may also terminate this agreement separately for all or any part of their colonies, protectorates, or territories under mandate, or any other territory under their sovereignty, dominion, or authority.

Article 40A
(1) In Article 37(2) and Article 40(1), the term "high contracting party" shall be understood to mean a state. In all other cases, the term high contracting party shall be understood to mean a state whose ratification or accession to the agreement has become legally effective and whose denunciation has not yet become legally effective.
(2) For the purposes of this convention, the term "territory" includes not only the territory of a state, but also any territory for whose external relations that state is responsible.