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La dispensa fa riferimento alle lezioni di Diritto dei Trasporti, tenute dal Prof. Alfredo Antonini nell'anno accademico 2006.
Il documento riporta il testo integrale in lingua inglese, della Convenzione di Varsavia, firmata nell'ottobre del 1929, ora sostituita da quella di Montreal.
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Esame di Diritto dei Trasporti docente Prof. A. Antonini

Anteprima

ESTRATTO DOCUMENTO

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

Non-compliance with the provisions of Articles 5 to 8 shall 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

including those relating to limitation of liability.

Article 10

1 . The consignor is responsible for the correctness of the particulars and statements relating to the

cargo inserted by him or on his behalf in the air waybill or furnished by him or on his behalf to the

carrier for insertion in the receipt for the cargo or for insertion in the record preserved by the other

means referred to in paragraph 2 of Article 5.

2 . The consignor shall indemnify the carrier against all damage suffered by him, or by any other

person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness

of the particulars and statements furnished by the consignor or on his behalf.

3 . Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall indemnify the

consignor against all damage suffered by him, or by any other person to whom the consignor is

liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and

statements inserted by the carrier or on his behalf in the receipt for the cargo or in the record

preserved by the other means referred to in paragraph 2 of Article 5.

Article 11

1 . The air waybill or the receipt for the cargo is prima facie evidence of the conclusion of the

contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein.

2 . Any statements in the air waybill or the receipt for the cargo relating to the weight, dimensions

and packing of the cargo, as well as those relating to the number of packages, are prima facie

evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not

constitute evidence against the carrier except so far as they both have been, and are stated in the

air waybill to have been, checked by him in the presence of the consignor, or relate to the apparent

condition of the cargo.

Article 12

1 . Subject to his liability to carry out all his obligations under the contract of carriage, the

consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or

destination, or by stopping it in the course of the journey on any landing, or by calling for it to be

delivered at the place of destination or in the course of the journey to a person other than the

consignee originally designated, or by requiring it to be returned to the airport of departure. He

must not exercise this right of disposition in such a way as to prejudice the carrier or other

consignors and he must repay any expenses occasioned by the exercise of this right.

2 . If it is impossible to carry out the orders of the consignor the carrier must so inform him

forthwith.

3 . If the carrier obeys the orders of the consignor for the disposition of the cargo without requiring

the production of the part of the air waybill or the receipt for the cargo delivered to the latter, he

will be liable, without prejudice to his right of recovery from the consignor, for any damage which

may be caused thereby to any person who is lawfully in possession of that part of the air waybill or

the receipt for the cargo.

4 . The right conferred on the consignor ceases at the moment when that of the consignee begins in

accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or if he

cannot be communicated with, the consignor resumes his right of disposition.

Article 13

1 . Except when the consignor has exercised his right under Article 12, the consignee is entitled, on

arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to him, on

payment of the charges due and on complying with the conditions of carriage.

2 . Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon

as the cargo arrives.

3 . If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of

seven days after the date on which it ought to have arrived, the consignee is entitled to enforce

against the carrier the rights which flow from the contract of carriage.

Article 14

The consignor and the consignee can respectively enforce all the rights given them by Articles 12

and 13, each in his own name, whether he is acting in his own interest or in the interest of another,

provided that he carries out the obligations imposed by the contract of carriage.

Article 15

1 . Articles 12, 13 and 14 do not affect either the relations of the consignor and the consignee with

each other or the mutual relations of third parties whose rights are derived either from the

consignor or from the consignee.

2 . The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air

waybill or the receipt for the cargo.

Article 16

1 . The consignor must furnish such information and such documents as are necessary to meet the

formalities of customs, octroi or police before the cargo can be delivered to the consignee. The

consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or

irregularity of any such information or documents, unless the damage is due to the fault of the

carrier, his servants or agents.

2 . The carrier is under no obligation to enquire into the correctness or sufficiency of such

information or documents.

Chapter III - Liability of the Carrier

Article 17

The carrier is liable for damage sustained in the event of the death or wounding of a passenger or

any other bodily injury suffered by a passenger, if the accident which caused the damage so

sustained took place on board the aircraft or in the course of any of the operations of embarking or

disembarking.

Article 18

1. The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to,

any registered baggage, if the occurrence which caused the damage so sustained took place during

the carriage by air.

2. The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to,

cargo upon condition only that the occurrence which caused the damage so sustained took place

during the carriage by air.

3. However, the carrier is not liable if he proves that the destruction, loss of, or damage to, the

cargo resulted solely from one or more of the following:

(a) inherent defect, quality or vice of that cargo;

(b) defective packing of that cargo performed by a person other than the carrier or his servants or

agents;

(c) an act of war or an armed conflict;

(d) an act of public authority carried out in connexion with the entry, exit or transit of the cargo.

4. The carriage by air within the meaning of the preceding paragraphs of this Article comprises the

period during which the baggage or cargo is in the charge of the carrier, whether in an airport or

on board an aircraft, or, in the case of a landing outside an airport, in any place whatsoever.

5. The period of the carriage by air does not extend to any carriage by land, by sea or by river

performed outside an airport. If, however, such carriage takes place in the performance of a

contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is

presumed, subject to proof to the contrary, to have been the result of an event which took place

during the carriage by air.

Article 19

The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or

goods.

Article 20

In the carriage of passengers and baggage, and in the case of damage occasioned by delay in the

carriage of cargo, the carrier shall not be liable if he proves that he and his servants and agents

have taken all necessary measures to avoid the damage or that it was impossible for them to take

such measures.

Article 21


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DESCRIZIONE APPUNTO

La dispensa fa riferimento alle lezioni di Diritto dei Trasporti, tenute dal Prof. Alfredo Antonini nell'anno accademico 2006.
Il documento riporta il testo integrale in lingua inglese, della Convenzione di Varsavia, firmata nell'ottobre del 1929, ora sostituita da quella di Montreal.
L'argomento trattato è il trasporto aereo internazionale.


DETTAGLI
Corso di laurea: Corso di laurea magistrale in giurisprudenza
SSD:
Università: Udine - Uniud
A.A.: 2006-2007

I contenuti di questa pagina costituiscono rielaborazioni personali del Publisher Atreyu di informazioni apprese con la frequenza delle lezioni di Diritto dei Trasporti e studio autonomo di eventuali libri di riferimento in preparazione dell'esame finale o della tesi. Non devono intendersi come materiale ufficiale dell'università Udine - Uniud o del prof Antonini Alfredo.

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