Trasporto aereo internazionale

Legislazione

trasporto aereo internazionale

Convenzione per l'unificazione di alcune regole relative al trasporto aereo

internazionale, firmata a Varsavia il 12 ottobre 1929, nel testo modificato dal

protocollo dell'Aja del 28 settembre 1955 e dal protocollo di Montreal n. 4 del 25

settembre 1975.

(testo consolidato; in corsivo le parti modificate dal Protocollo di Montreal n. 4).

(N.B: Convenzione non più in vigore in Italia, in quanto sostituita dalla Convenzione per l'unificazione

di alcune regole relative al trasporto aereo internazionale, firmata a Montreal il 28 maggio 1999)

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 signed

at Le Hague on 28 September 1955 and by the fourth Protocol signed at

Montreal on 25 September 1975.

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 signed at Le

Hague on 28 September 1955 and by the fourth Protocol signed at Montreal on 25

September 1975.

Chapter I - Scope - Definitions

Article 1

1 . This Convention applies to all international carriage of persons, luggage or goods performed by

aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport

undertaking.

2. For the purposes 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 transhipment, are situated either

within the territories of two High Contracting Parties 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

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 2

1 . This Convention applies to carriage performed by the State or by legally constituted public

bodies provided it falls within the conditions laid down in Article 1.

2 . In the carriage of postal items the carrier shall be liable only to the relevant postal

administration in accordance with the rules applicable to the relationship between the carriers and

the postal administrations.

3. Except as provided in paragraph 2 of this Article, the provisions of this Convention shall not

apply to the carriage of postal items.

Chapter II - Documents of Carriage

Section I - Passenger Ticket

Article 3

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.

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 not include the notice required by

paragraph 1 (c) of this Article, the carrier shall not be entitled to avail himself of the provisions of

Article 22.

Section II - Luggage Ticket

Article 4

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 provisions 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.

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.

Section III - Documentation relating to cargo

Article 5

1 . In respect of the carriage of cargo an air waybill shall be delivered.

2 . Any other means which would preserve a record of the carriage to be performed may, with the

consent of the consignor, be substituted for the delivery of an air waybill. If such other means are

used, the carrier shall, if so requested by the consignor, deliver to the consignor a receipt for the

cargo permitting identification of the consignment and access to the information contained in the

record preserved by such other means.

3 . The impossibility of using, at points of transit and destination, the other means which would

preserve the record of the carriage referred to in paragraph 2 of this Article does not entitle the

carrier to refuse to accept the cargo for carriage.

Article 6

1 . The air waybill shall be made out by the consignor in three original parts.

2 . The first part shall be marked "for the carrier"; it shall be signed by the consignor. The second

part shall be marked "for

the consignee"; it shall be signed by the consignor and by the carrier. The third part shall be

signed by the carrier and handed by him to the consignor after the cargo has been accepted.

3 . The signature of the carrier and that of the consignor may be printed or stamped.

4 . If, at the request of the consignor, the carrier makes out the air waybill, he shall be deemed,

subject to proof to the contrary, to have done so on behalf of the consignor.

Article 7

When there is more than one package:

(a) the carrier of cargo has the right to require the consignor to make out separate air

waybills;

(b) the consignor has the right to require the carrier to deliver separate receipts when the other

means referred to in paragraph 2 of Article 5 are used.

Article 8

The air waybill and the receipt for the cargo 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; and

(c) an indication of the weight of the consignment.

Article 9