
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC40105]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40105. International negotiations, agreements, and 
        obligations
        
    (a) Advice and Consultation.--The Secretary of State shall advise 
the Administrator of the Federal Aviation Administration and the 
Secretaries of Transportation and Commerce, and consult with them as 
appropriate, about negotiations for an agreement with a government of a 
foreign country to establish or develop air navigation, including air 
routes and services. The Secretary of Transportation shall consult with 
the Secretary of State in carrying out this part to the extent this part 
is related to foreign air transportation.
    (b) Actions of Secretary and Administrator.--(1) In carrying out 
this part, the Secretary of Transportation and the Administrator--
        (A) shall act consistently with obligations of the United States 
    Government under an international agreement;
        (B) shall consider applicable laws and requirements of a foreign 
    country; and
        (C) may not limit compliance by an air carrier with obligations 
    or liabilities imposed by the government of a foreign country when 
    the Secretary takes any action related to a certificate of public 
    convenience and necessity issued under chapter 411 of this title.

    (2) This subsection does not apply to an agreement between an air 
carrier or an officer or representative of an air carrier and the 
government of a foreign country, if the Secretary of Transportation 
disapproves the agreement because it is not in the public interest. 
Section 40106(b)(2) of this title applies to this subsection.
    (c) Consultation on International Air Transportation Policy.--In 
carrying out section 40101(e) of this title, the Secretaries of State 
and Transportation, to the maximum extent practicable, shall consult on 
broad policy goals and individual negotiations with--
        (1) the Secretaries of Commerce and Defense;
        (2) airport operators;
        (3) scheduled air carriers;
        (4) charter air carriers;
        (5) airline labor;
        (6) consumer interest groups;
        (7) travel agents and tour organizers; and
        (8) other groups, institutions, and governmental authorities 
    affected by international aviation policy.

    (d) Congressional Observers at International Aviation 
Negotiations.--The President shall grant to at least one representative 
of each House of Congress the privilege of attending international 
aviation negotiations as an observer if the privilege is requested in 
advance in writing.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1102.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
40105(a)..............................  49 App.:1462.                    Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          802, 
72 Stat. 783.
                                        49 App.:1551(b)(1)(B).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(B); added Oct.
                                                                          24, 1
978, Pub. L. 95-504, Sec.  40(a),
                                                                          92 St
at. 1745.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat
                                                                          2444.
40105(b)..............................  49 App.:1502(a).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          1102(
a), 72 Stat. 797; Feb. 15, 1980,
                                                                          Pub. 
L. 96-192, Sec.  17, 94 Stat. 42.
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b) (1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
                                        49 App.:1655(c)(1).
40105(c)..............................  49 App.:1502(c).                 Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1102(c), (d); added Feb.
                                                                          15, 1
980, Pub. L. 96-192, Sec.  17, 94
                                                                          Stat.
 43.
                                        49 App.:1551(b)(1)(E).
40105(d)..............................  49 App.:1502(d).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``government of a foreign country'' are 
substituted for ``foreign governments'' in 49 App.:1462 and ``foreign 
country'' in 49 App.:1502(a) for consistency in the revised title and 
with other titles of the United States Code. The words ``Secretary of 
Transportation'' are substituted for ``Department of Transportation'' in 
49 App.:1551(b)(1)(B) because of 49:102(b). The words ``Secretary of 
State'' are substituted for ``Department of State'' because of 22:2651.
    In subsection (b)(1), before clause (A), the words ``carrying out'' 
are substituted for ``exercising and performing . . . powers and 
duties'' for consistency in the revised title and with other titles of 
the Code. In clause (A), the words ``an international agreement'' are 
substituted for ``any treaty, convention, or agreement that may be in 
force between the United States and any foreign country or foreign 
countries'' for consistency and to eliminate unnecessary words. In 
clause (C), the word ``public'' is added for consistency in this part.
    In subsection (b)(2), the words ``obligation, duty, or liability 
arising out of a contract or other'' and ``heretofore or hereafter'' are 
omitted as surplus. The words ``government of a foreign country'' are 
substituted for ``foreign country'' for consistency in the revised title 
and with other titles of the Code. The last sentence is inserted to 
inform the reader that section 40106(b)(2) of the revised title 
qualifies this subsection.
    In subsection (c), before clause (1), the words ``To assist'' are 
omitted as surplus. The words ``carrying out'' are substituted for 
``developing and implementing'' for consistency in the revised title and 
with other titles of the Code. The word ``both'' is omitted as surplus. 
In clause (8), the word ``authorities'' is substituted for ``agencies'' 
for consistency in the revised title and with other titles of the Code.


                Report on Certain Bilateral Negotiations

    Pub. L. 103-305, title V, Sec. 519, Aug. 23, 1994, 108 Stat. 1600, 
provided that: ``The Secretary shall report every other month to the 
Committee on Public Works and Transportation [now Committee on 
Transportation and Infrastructure] of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate on 
the status of all active aviation bilateral and multilateral 
negotiations and informal government-to-government consultations with 
United States aviation trade partners.''


                            Warsaw Convention

                      49 Stat. 3000; TS 876

  CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO 
               INTERNATIONAL TRANSPORTATION BY AIR

    The President of the German Reich, the Federal President of the 
Republic of Austria, His Majesty the King of the Belgians, the President 
of the United States of Brazil, His Majesty the King of the Bulgarians, 
the President of the Nationalist Government of China, His Majesty the 
King of Denmark and Iceland, His Majesty the King of Egypt, His Majesty 
the King of Spain, the Chief of State of the Republic of Estonia, the 
President of the Republic of Finland, the President of the French 
Republic, His Majesty the King of Great Britain, Ireland, and the 
British Dominions Beyond the Seas, Emperor of India, the President of 
the Hellenic Republic, His Most Serene Highness the Regent of the 
Kingdom of Hungary, His Majesty the King of Italy, His Majesty the 
Emperor of Japan, the President of the Republic of Latvia, Her Royal 
Highness the Grand Duchess of Luxemburg, the President of the United 
Mexican States, His Majesty the King of Norway, Her Majesty the Queen of 
the Netherlands, the President of the Republic of Poland, His Majesty 
the King of Rumania, His Majesty the King of Sweden, the Swiss Federal 
Council, the President of the Czechoslovak Republic, the Central 
Executive Committee of the Union of Soviet Socialist Republics, the 
President of the United States of Venezuela, His Majesty the King of 
Yugoslavia:
    Having recognized the advantage of regulating in a uniform manner 
the conditions of international transportation by air in respect of the 
documents used for such transportation and of the liability of the 
carrier,
    Have nominated to this end their respective Plenipotentiaries, who 
being thereto duly authorized, have concluded and signed the following 
convention:


                      Chapter I--Scope--Definitions

                            Article 1

    (1) This convention shall apply to all international transportation 
of persons, baggage, or goods performed by aircraft for hire. It shall 
apply equally to gratuitous transportation by aircraft performed by an 
air transportation enterprise.
    (2) For the purpose of this convention the expression 
``international transportation'' shall mean any transportation in which, 
according to the contract made by the parties, the place of departure 
and the place of destination, whether or not there be a break in the 
transportation or a transshipment, 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 a territory subject to the sovereignty, suzerainty, mandate or 
authority of another power, even though that power is not a party to 
this convention. Transportation without such an agreed stopping place 
between territories subject to the sovereignty, suzerainty, mandate, or 
authority of the same High Contracting Party shall not be deemed to be 
international for the purposes of this convention.
    (3) Transportation to be performed by several successive air 
carriers shall be deemed, for the purposes of this convention, to be one 
undivided transportation, if it has been regarded by the parties as a 
single operation, whether it has been agreed upon under the form of a 
single contract or of a series of contracts, and it shall not lose its 
international character merely because one contract or series of 
contracts is to be performed entirely within a territory subject to the 
sovereignty, suzerainty, mandate, or authority of the same High 
Contracting Party.

                            Article 2

    (1) This convention shall apply to transportation performed by the 
state or by legal entities constituted under public law provided it 
falls within the conditions laid down in article 1.
    (2) This convention shall not apply to transportation performed 
under the terms of any international postal convention.


                  Chapter II--Transportation Documents

                       section i--passenger ticket

                            Article 3

    (1) For the transportation of passengers the carrier must deliver a 
passenger ticket which shall contain the following particulars:
    (a) The place and date of issue;
    (b) The place of departure and of destination;
    (c) The agreed stopping places, provided that the carrier may 
reserve the right to alter the stopping places in case of necessity, and 
that if he exercises that right, the alteration shall not have the 
effect of depriving the transportation of its international character;
    (d) The name and address of the carrier or carriers;
    (e) A statement that the transportation is subject to the rules 
relating to liability established by this convention.
    (2) The absence, irregularity, or loss of the passenger ticket shall 
not affect the existence or the validity of the contract of 
transportation, which shall none the less be subject to the rules of 
this convention. Nevertheless, if the carrier accepts a passenger 
without a passenger ticket having been delivered he shall not be 
entitled to avail himself of those provisions of this convention which 
exclude or limit his liability.


                        section ii--baggage check

                            Article 4

    (1) For the transportation of baggage, other than small personal 
objects of which the passenger takes charge himself, the carrier must 
deliver a baggage check.
    (2) The baggage check shall be made out in duplicate, one part for 
the passenger and the other part for the carrier.
    (3) The baggage check shall contain the following particulars:
    (a) The place and date of issue;
    (b) The place of departure and of destination;
    (c) The name and address of the carrier or carriers;
    (d) The number of the passenger ticket;
    (e) A statement that delivery of the baggage will be made to the 
bearer of the baggage check;
    (f) The number and weight of the packages;
    (g) The amount of the value declared in accordance with article 
22(2);
    (h) A statement that the transportation is subject to the rules 
relating to liability established by this convention.
    (4) The absence, irregularity, or loss of the baggage check shall 
not affect the existence or the validity of the contract of 
transportation which shall none the less be subject to the rules of this 
convention. Nevertheless, if the carrier accepts baggage without a 
baggage check having been delivered, or if the baggage check does not 
contain the particulars set out at (d), (f), and (h) above, the carrier 
shall not be entitled to avail himself of those provisions of the 
convention which exclude or limit his liability.


                        section iii--air waybill

                            Article 5

    (1) Every carrier of goods has the right to require the consignor to 
make out and hand over to him a document called an ``air waybill'': 
every consignor has the right to require the carrier to accept this 
document.
    (2) The absence, irregularity, or loss of this document shall not 
affect the existence or the validity of the contract of transportation 
which shall, subject to the provisions of article 9, be none the less 
governed by the rules of this convention.

                            Article 6

    (1) The air waybill shall be made out by the consignor in three 
original parts and be handed over with the goods.
    (2) The first part shall be marked ``for the carrier'', and 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 and 
shall accompany the goods. The third part shall be signed by the carrier 
and handed by him to the consignor after the goods have been accepted.
    (3) The carrier shall sign on acceptance of the goods.
    (4) The signature of the carrier may be stamped; that of the 
consignor may be printed or stamped.
    (5) 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

    The carrier of goods has the right to require the consignor to make 
out separate waybills when there is more than package.

                            Article 8

    The air waybill shall contain the following particulars:
    (a) The place and date of its execution;
    (b) The place of departure and of destination;
    (c) The agreed stopping places, provided that the carrier may 
reserve the right to alter the stopping places in case of necessity, and 
that if he exercises that right the alteration shall not have the effect 
of depriving the transportation of its international character;
    (d) The name and address of the consignor;
    (e) The name and address of the first carrier;
    (f) The name and address of the consignee, if the case so requires;
    (g) The nature of the goods;
    (h) The number of packages, the method of packing, and the 
particular marks or numbers upon them;
    (i) The weight, the quantity, the volume, or dimensions of the 
goods;
    (j) The apparent condition of the goods and of the packing;
    (k) The freight, if it has been agreed upon, the date and place of 
payment, and the person who is to pay it;
    (l) If the goods are sent for payment on delivery, the price of the 
goods, and, if the case so requires, the amount of the expenses 
incurred;
    (m) The amount of the value declared in accordance with article 
22(2);
    (n) The number of parts of the air waybill;
    (o) The documents handed to the carrier to accompany the air 
waybill;
    (p) The time fixed for the completion of the transportation and a 
brief note of the route to be followed, of these matters have been 
agreed upon;
    (q) A statement that the transportation is subject to the rules 
relating to liability established by this convention.

                            Article 9

    If the carrier accepts goods without an air waybill having been made 
out, or if the air waybill does not contain all the particulars set out 
in article 8(a) to (i), inclusive, and (q), the carrier shall not be 
entitled to avail himself of the provisions of this convention which 
exclude or limit his liability.

                           Article 10

    (1) The consignor shall be responsible for the correctness of the 
particulars and statements relating to the goods which he inserts in the 
air waybill.
    (2) The consignor shall be liable for all damages suffered by the 
carrier or any other person by reason of the irregularity, incorrectness 
or incompleteness of the said particulars and statements.

                           Article 11

    (1) The air waybill shall be prima facie evidence of the conclusion 
of the contract, of the receipt of the goods and of the conditions of 
transportation.
    (2) The statements in the air waybill relating to the weight, 
dimensions, and packing of the goods, as well as those relating to the 
number of packages, shall be prima facie evidence of the facts stated; 
those relating to the quantity, volume, and condition of the goods shall 
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 goods.

                           Article 12

    (1) Subject to his liability to carry out all his obligations under 
the contract of transportation, the consignor shall have the right to 
dispose of the goods by withdrawing them at the airport of departure or 
destination, or by stopping them in the course of the journey on any 
landing, or by calling for them to be delivered at the place of 
destination, or in the course of the journey to a person other than the 
consignee named in the air waybill, or by requiring them 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 goods without requiring the production of the part of 
the air waybill 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.
    (4) The right conferred on the consignor shall cease at the moment 
when that of the consignee begins in accordance with article 13, below. 
Nevertheless, if the consignee declines to accept the waybill or the 
goods, or if he cannot be communicated with, the consignor shall resume 
his right of disposition.

                           Article 13

    (1) Except in the circumstances set out in the preceding article, 
the consignee shall be entitled, on arrival of the goods at the place of 
destination, to require the carrier to hand over to him the air waybill 
and to deliver the goods to him, on payment of the charges due and on 
complying with the conditions of transportation set out in the air 
waybill.
    (2) Unless it is otherwise agreed, it shall be the duty of the 
carrier to give notice to the consignee as soon as the goods arrive.
    (3) If the carrier admits the loss of the goods, or if the goods 
have not arrived at the expiration of seven days after the date on which 
they ought to have arrived, the consignee shall be entitled to put into 
force against the carrier the rights which flow from the contract of 
transportation.

                           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.

                           Article 15

    (1) Articles 12, 13, and 14 shall not affect either the relations of 
the consignor and the consignee with each other or the 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.

                           Article 16

    (1) The consignor must furnish such information and attach to the 
air waybill such documents as are necessary to meet the formalities of 
customs, octroi, or police before the goods can be delivered to the 
consignee. The consignor shall be 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 or his 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 shall be 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 shall be liable for damage sustained in the event of 
the destruction or loss of, or of damage to, any checked baggage or any 
goods, if the occurrence which caused the damage so sustained took place 
during the transportation by air.
    (2) The transportation by air within the meaning of the preceding 
paragraph shall comprise the period during which the baggage or goods 
are in 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.
    (3) The period of the transportation by air shall not extend to any 
transportation by land, by sea, or by river performed outside an 
airport. If, however, such transportation takes place in the performance 
of a contract for transportation by air, for the purpose of loading, 
delivery or transshipment, any damage is presumed, subject to proof to 
the contrary, to have been the result of an event which took place 
during the transportation by air.

                           Article 19

    The carrier shall be liable for damage occasioned by delay in the 
transportation by air of passengers, baggage, or goods.

                           Article 20

    (1) The carrier shall not be liable if he proves that he and his 
agents have taken all necessary measures to avoid the damage or that it 
was impossible for him or them to take such measures.
    (2) In the transportation of goods and baggage the carrier shall not 
be liable if he proves that the damage was occasioned by an error in 
piloting, in the handling of the aircraft, or in navigation and that, in 
all other respects, he and his agents have taken all necessary measures 
to avoid the damage.

                           Article 21

    If the carrier proves that the damage was caused by or contributed 
to by the negligence of the injured person the court may, in accordance 
with the provisions of its own law, exonerate the carrier wholly or 
partly from his liability.

                           Article 22

    (1) In the transportation of passengers the liability of the carrier 
for each passenger shall be limited to the sum of 125,000 francs. Where, 
in accordance with the law of the court to which the case is submitted, 
damages may be awarded in the form of periodical payments, the 
equivalent capital value of the said payments shall not exceed 125,000 
francs. Nevertheless, by special contract, the carrier and the passenger 
may agree to a higher limit of liability.
    (2) In the transportation of checked baggage and of goods, the 
liability of the carrier shall be limited to a sum of 250 francs per 
kilogram, unless the consignor has made, at the time when the package 
was handed over to the carrier, a special declaration of the value at 
delivery 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 actual 
value to the consignor at delivery.
    (3) As regards objects of which the passenger takes charge himself 
the liability of the carrier shall be limited to 5,000 francs per 
passenger.
    (4) The sums mentioned above shall be deemed to refer to the French 
franc consisting of 65\1/2\ milligrams of gold at the standard of 
fineness of nine hundred thousandths. These sums may be converted into 
any national currency in round figures.

                           Article 23

    Any provision tending to relieve the carrier of liability or to fix 
a lower limit than that which is laid down in this convention shall be 
null and void, but the nullity of any such provision shall not involve 
the nullity of the whole contract, which shall remain subject to the 
provisions of this convention.

                           Article 24

    (1) In the cases covered by articles 18 and 19 any action for 
damages, however founded, can only be brought subject to the conditions 
and limits set out in this convention.
    (2) In the cases covered by article 17 the provisions of the 
preceding paragraph shall also apply, without prejudice to the questions 
as to who are the persons who have the right to bring suit and what are 
their respective rights.

                           Article 25

    (1) The carrier shall not be entitled to avail himself of the 
provisions of this convention which exclude or limit his liability, if 
the damage is caused by his willful misconduct or by such default on his 
part as, in accordance with the law of the court to which the case is 
submitted, is considered to be equivalent to wilful misconduct.
    (2) Similarly the carrier shall not be entitled to avail himself of 
the said provisions, if the damage is caused under the same 
circumstances by any agent of the carrier acting within the scope of his 
employment.

                           Article 26

    (1) Receipt by the person entitled to the delivery of baggage or 
goods without complaint shall be prima facie evidence that the same have 
been delivered in good condition and in accordance with the document of 
transportation.
    (2) In case of damage, the person entitled to delivery must complain 
to the carrier forthwith after the discovery of the damage, and, at the 
latest, within 3 days from the date of receipt in the case of baggage 
and 7 days from the date of receipt in the case of goods. In case of 
delay the complaint must be made at the latest within 14 days from the 
date on which the baggage or goods have been placed at his disposal.
    (3) Every complaint must be made in writing upon the document of 
transportation or by separate notice in writing dispatched within the 
times aforesaid.
    (4) Failing complaint within the times aforesaid, no action shall 
lie against the carrier, save in the case of fraud on his part.

                           Article 27

    In the case of the death of the person liable, an action for damages 
lies in accordance with the terms of this convention against those 
legally representing his estate.

                           Article 28

    (1) An action for damages must be brought, at the option of the 
plaintiff, in the territory of one of the High Contracting Parties, 
either before the court of the domicile of the carrier or of his 
principal place of business, or where he has a place of business through 
which the contract has been made, or before the court at the place of 
destination.
    (2) Questions of procedure shall be governed by the law of the court 
to which the case in submitted.

                           Article 29

    (1) The right to damages shall be extinguished if an action is not 
brought within 2 years, reckoned from the date of arrival at the 
destination, or from the date on which the aircraft ought to have 
arrived, or from the date on which the transportation stopped.
    (2) The method of calculating the period of limitation shall be 
determined by the law of the court to which the case is submitted.

                           Article 30

    (1) In the case of transportation to be performed by various 
successive carriers and falling within the definition set out in the 
third paragraph of article 1, each carrier who accepts passengers, 
baggage or goods shall be subject to the rules set out in this 
convention, and shall be deemed to be one of the contracting parties to 
the contract of transportation insofar as the contract deals with that 
part of the transportation which is performed under his supervision.
    (2) In the case of transportation of this nature, the passenger or 
his representative can take action only against the carrier who 
performed the transportation during which the accident or the delay 
occurred, save in the case where, by express agreement, the first 
carrier has assumed liability for the whole journey.
    (3) As regards baggage or goods, the passenger or consignor shall 
have a right of action against the first carrier, and the passenger or 
consignee who is entitled to delivery shall have a right of action 
against the last carrier, and further, each may take action against the 
carrier who performed the transportation during which the destruction, 
loss, damage, or delay took place. These carriers shall be jointly and 
severally liable to the passenger or to the consignor or consignee.


       Chapter IV--Provisions Relating to Combined Transportation

                           Article 31

    (1) In the case of combined transportation performed partly by air 
and partly by any other mode of transportation, the provisions of this 
convention shall apply only to the transportation by air, provided that 
the transportation by air falls within the terms of article 1.
    (2) Nothing in this convention shall prevent the parties in the case 
of combined transportation from inserting in the document of air 
transportation conditions relating to other modes of transportation, 
provided that the provisions of this convention are observed as regards 
the transportation by air.


                 Chapter V--General and Final Provisions

                           Article 32

    Any clause contained in the contract and all special agreements 
entered into before the damage occurred by which the parties purport to 
infringe the rules laid down by this convention, whether by deciding the 
law to be applied, or by altering the rules as to jurisdiction, shall be 
null and void. Nevertheless for the transportation of goods arbitration 
clauses shall be allowed, subject to this convention, if the arbitration 
is to take place within one of the jurisdictions referred to in the 
first paragraph of article 28.

                           Article 33

    Nothing contained in this convention shall prevent the carrier 
either from refusing to enter into any contract of transportation or 
from making regulations which do not conflict with the provisions of 
this convention.

                           Article 34

    This convention shall not apply to international transportation by 
air performed by way of experimental trial by air navigation enterprises 
with the view to the establishment of regular lines of air navigation, 
nor shall it apply to transportation performed in extraordinary 
circumstances outside the normal scope of an air carrier's business.

                           Article 35

    The expression ``days'' when used in this convention means current 
days, not working days.

                           Article 36

    This convention is drawn up in French in a single copy which shall 
remain deposited in the archives of the Ministry for Foreign Affairs of 
Poland and of which one duly certified copy shall be sent by the Polish 
Government to the Government of each of the High Contracting Parties.

                           Article 37

    (1) This convention shall be ratified. The instruments of 
ratification shall be deposited in the archives of the Ministry for 
Foreign Affairs of Poland, which shall give notice of the deposit to the 
Government of each of the High Contracting Parties.
    (2) As soon as this convention shall have been ratified by five of 
the High Contracting Parties it shall come into force as between them on 
the nineteenth day after the deposit of the fifth ratification. 
Thereafter it shall come into force between the High Contracting Parties 
which shall have ratified and the High Contracting Party which deposits 
its instrument of ratification on the ninetieth day after the deposit.
    (3) It shall be the duty of the Government of the Republic of Poland 
to notify the Government of each of the High Contracting Parties of the 
date on which this convention comes into force as well as the date of 
the deposit of each ratification.

                           Article 38

    (1) This convention shall, after it has come into force, remain open 
for adherence by any state.
    (2) The adherence shall be effected by a notification addressed to 
the Government of the Republic of Poland, which shall inform the 
Government of each of the High Contracting Parties thereof.
    (3) The adherence shall take effect as from the ninetieth day after 
the notification made to the Government of the Republic of Poland.

                           Article 39

    (1) Any one of the High Contracting Parties may denounce this 
convention by a notification addressed to the Government of the Republic 
of Poland, which shall at once inform the Government of each of the High 
Contracting Parties.
    (2) Denunciation shall take effect six months after the notification 
of denunciation, and shall operate only as regards the party which shall 
have proceeded to denunciation.

                           Article 40

    (1) Any High Contracting Party may, at the time of signature or of 
deposit of ratification or of adherence, declare that the acceptance 
which it gives to this convention does not apply to all or any of its 
colonies, protectorates, territories under mandate, or any other 
territory subject to its sovereignty or its authority, or any other 
territory under its suzerainty.
    (2) Accordingly any High Contracting Party may subsequently adhere 
separately in the name of all or any of its colonies, protectorates, 
territories under mandate, or any other territory subject to its 
sovereignty or to its authority or any other territory under its 
suzerainty which have been thus excluded by its original declaration.
    (3) Any High Contracting Party may denounce this convention, in 
accordance with its provisions, separately or for all or any of its 
colonies, protectorates, territories under mandate, or any other 
territory subject to its sovereignty or to its authority, or any other 
territory under its suzerainty.

                           Article 41

    Any High Contracting Party shall be entitled not earlier than two 
years after the coming into force of this convention to call for the 
assembling of a new international conference in order to consider any 
improvements which may be made in this convention. To this end it will 
communicate with the Government of the French Republic which will take 
the necessary measures to make preparations for such conference.
    This convention, done at Warsaw on October 12, 1929, shall remain 
open for signature until January 31, 1930.


   Order of Civil Aeronautics Board Approving Increases in Liability 
           Limitations of Warsaw Convention and Hague Protocol

    Adopted by the Civil Aeronautics Board at its office in Washington, 
D.C., on the 13th day of May 1966.
    The Convention for the Unification of Certain Rules Relating to 
International Transportation by Air, generally known as the Warsaw 
Convention, creates a uniform body of law with respect to the rights and 
responsibilities of passengers, shippers, and air carriers in 
international air transportation. The United States became a party to 
the Convention in 1934, and eventually over 90 countries likewise became 
parties to the Convention.\1\ On November 15, 1965, the U.S. Government 
gave notice of denunciation of the Convention, emphasizing that such 
action was solely because of the Convention's low limits of liability 
for personal injury or death to passengers. Pursuant to Article 39 of 
the Convention this notice would become effective upon 6 months' notice, 
in this case, May 15, 1966. Subsequently, the International Air 
Transport Association (IATA) made efforts to effect an arrangement among 
air carriers, foreign air carriers, and other carriers (including 
carriers not members of IATA) providing the major portions of 
international air carriage to and from the United States to increase the 
limitations of liability now applicable to claims for personal injury 
and death under the Convention and the Protocol. The purpose of such 
action is to provide a basis upon which the United States could 
withdrawn its notice of denunciation.
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    \1\ The Convention was amended by the Protocol signed at Hague in 
1955 which has never been ratified by the United States. The Convention 
(subject to certain provisions) limits carriers' liability for death or 
injury to passengers in international transportation to 125,000 gold 
francs, or approximately $8,300. The Protocol, subject to certain 
provisions, provides for liability limitations of approximately $16,600.
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    The arrangement proposed has been embodied in an agreement 
(Agreement CAB 18900) between various air carriers, foreign air 
carriers, and other carriers which has been filed with the Board 
pursuant to section 412(a) of the Federal Aviation Act of 1958 and Part 
261 of the Board's economic regulations and assigned the abovedesignated 
CAB number.
    By this agreement, the parties thereto bind themselves to include in 
their tariffs, effective May 16, 1966, a special contract in accordance 
with Article 22(1) of the Convention or the Protocol providing for a 
limit of liability for each passenger for death, wounding, or other 
bodily injury of $75,000 inclusive of legal fees, and, in case of a 
claim brought in a State where provision is made for separate award of 
legal fees and costs, a limit of $58,000 exclusive of legal fees and 
costs. These limitations shall be applicable to international 
transportation by the carrier as defined in the Convention or Protocol 
which includes a point in the United States as a point of origin, point 
of destination, or agreed stopping place. The parties further agree to 
provide in their tariffs that the Carrier shall not, with respect to any 
claim arising out of the death, wounding, or other bodily injury of a 
passenger, avail itself of any defense under Article 20(1) of the 
Convention or the Convention as amended by the Protocol. The tariff 
provisions would stipulate, however, that nothing therein shall be 
deemed to affect the rights and liabilities of the Carrier with regard 
to any claim brought by, on behalf of, or in respect of any person who 
has willfully caused damage which results in death, wounding, or other 
bodily injury of a passenger.
    The carriers by the agreement further stipulate that they will, at 
time of delivery of the tickets, furnish to each passenger governed by 
the Convention or the Protocol and by the special contract described 
above, a notice in 10 point type advising international passengers of 
the limitations of liability established by the Convention or the 
Protocol, or the higher liability agreed to by the special contracts 
pursuant to the Convention or Protocol as described above. The agreement 
is to become effective upon arrival by this Board, and any carrier may 
become a party to it by signing a counterpart thereof and depositing it 
with the Board. Withdrawal from the agreement may be effected by giving 
12 months' written notice to the Board and the other Carrier parties 
thereto.
    As indicated, the decision of the U.S. Government to serve notice to 
denounce the Convention was predicated upon the low liability limits 
therein for personal injury and death. The Government announced, 
however, that it would be prepared to withdraw the Notice of 
Denunciation if, prior to its effective date, there is a reasonable 
prospect for international agreement on limits of liability for 
international transportation in the area of $100,000 per passenger or on 
uniform rules without any limit of liability, and if pending such 
international agreement there is a provisional arrangement among the 
principal international air carriers providing for liability up to 
$75,000 per passenger.
    Steps, have been taken by the signing carriers to have tariffs 
become effective May 16, 1966, upon approval of this agreement, which 
will increase by special contract their liability for personal injury or 
death as described herein. The signatory carriers provide by far the 
greater portion of international transportation to, from, and within the 
United States. The agreement will result in a salutory increase in the 
protection given to passengers from the increased liability amounts and 
the waiver of defenses under Article 20(1) of the Convention or 
Protocol. The U.S. Government has concluded that such arrangements 
warrant withdrawal of the Notice of Denunciation of the Warsaw 
Convention. Implementation of the agreement will permit continued 
adherence to the Convention with the benefits to be derived therefrom, 
but without the imposition of the low liability limits therein contained 
upon most international travel involving travel to or from the United 
States. The stipulation that no tariff provision shall be deemed to 
affect the rights and liabilities of the carrier with regard to any 
claim brought by, on behalf of, or in respect of any person who has 
willfully caused damage which results in death, wounding or other bodily 
injury of a passenger operates to diminish any incentive for sabotage.
    Upon consideration of the agreement, and of matters relating thereto 
of which the Board takes notice, the Board does not find that the 
agreement is adverse to the public interest or in violation of the Act 
and it will be approved.
    Accordingly, pursuant to the provisions of the Federal Aviation Act 
of 1958, and particularly sections 102, 204(a), and 412 thereof:
    It is ordered, That: 1. Agreement CAB 18900 is approved.

                  Section Referred to in Other Sections

    This section is referred to in sections 40106, 44907, 46101, 46301, 
46316 of this title.
