On accession of the Republic of Kazakhstan to the protocol on amendments to the convention for the identification of certain provisions relating to international air transportation, signed in Warsaw on October 12, 1929

Home / RLA / On accession of the Republic of Kazakhstan to the protocol on amendments to the convention for the identification of certain provisions relating to international air transportation, signed in Warsaw on October 12, 1929

On accession of the Republic of Kazakhstan to the protocol on amendments to the convention for the identification of certain provisions relating to international air transportation, signed in Warsaw on October 12, 1929

Law of the Republic of Kazakhstan dated June 25, 2001 No. 215-II

To add to the protocol of the Republic of Kazakhstan on amendments to the Convention on the identification of certain provisions relating to international air transportation, signed in Warsaw on October 12, 1929, concluded in The Hague on September 28, 1955.

 President Of The Republic Of Kazakhstan

Appendix 1

CONVENTION FOR THE HARMONIZATION OF CERTAIN PROVISIONS RELATING TO INTERNATIONAL AIR TRANSPORTATION

German Reichspresident, Federal President of the Republic of Austria, His Excellency King of the Belgians, President of the United States of Brazil, His Excellency King of the Bulgarians, President of the National Government of China, His Excellency King of Denmark and Iceland, His Excellency King of Spain, head of State of the Republic of Estonia, President of the Republic of Finland, President of the French, The Bright Regent of the Kingdom of Hungary, His Excellency the King of Italy, His Excellency the Emperor of Japan, the President of the Republic of Latvia, His Majesty the Grand Duchess of Luxembourg, the President of the United States of Mexico, His Excellency the King of Norway, His Excellency the Queen of the Netherlands, the President of the Polish Republic, His Excellency the King of Romania, His Excellency the King of Sweden, the Swiss Federal Council, the President of the Czechoslovak Republic President of the Republic, Central Executive Committee of the Union of Soviet Socialist Republics, President of the United States of Venezuela, His Excellency The King of Yugoslavia, recognizing that it is useful to regulate the requirements of international air transportation in a uniform manner with respect to the documents used for these transportation and the responsibility of the carrier, appointed their respective authorized persons for this purpose, who, having received appropriate permission to do so, concluded and signed the following Convention:

CHAPTER 1 SUBJECT OF DETERMINATION

Article 1

1.this convention applies to all international transportation carried out by aircraft, persons, equivalent cargo or cargo at a fee. It also applies to free transportation carried out by the air transportation enterprise by aircraft.

2.in the meaning of this convention, "International Transport" is referred to as all transport in accordance with the definition of the parties, when the destination and destination are located either on the territory of two higher Contracting Parties, or on the territory of only one higher contracting party, regardless of whether there is a break in the course of transportation or reloading, if the stop is provided even in the territory under the sovereignty, suzerainty, mandate or authority of another non-contracting power. Transportation between territories subject to the sovereignty, suzerainty, mandate or authority of only one High Contracting Party without similar stops shall not be considered international transportation in the sense of this convention.

3.if the parties consider transportation to be carried out by several regular air carriers as a single operation, regardless of whether it has been concluded in the form of a single contract or a number of contracts, from the point of view of applying this convention, it is understood as transportation that constitutes a single transport and does not lose its international character due to the fact that one or a number of contracts must be fully implemented in the territory under the sovereignty, sovereignty, mandate or authority of only one higher Contracting Party.

Article 2

1.the Convention applies to transportation made by the state or other public legal entities that meet the conditions provided for in Article 1.

2.transfers made on the basis of international postal conventions shall be excluded from the validity of this convention.

CHAPTER II TRANSPORT DOCUMENTS

Part I - transport ticket

Article 3

1. when transporting passengers, the carrier is obliged to issue a transport ticket, which contains the following instructions:

a) place and date of transfer;

B) places of departure and destination;

C) stops provided for by this change to deprive the carrier of its international character, while maintaining the possibility that the carrier has the right to change stops if necessary or without them;

d) name and address of the carrier or carriers;

(e) an indication that the liability provisions established by this convention apply to transport.

2.the absence, inaccuracy or loss of a ticket does not affect the validity or validity of the carriage agreement, and the provisions of this convention still apply to this agreement. However, if the carrier accepts the passenger's ticket without issuing it, the carrier will not have the right to refer to the provisions of this convention that exempt him from liability or restrict this.

Part II-balance cargo receipt

Article 4

1.when carrying a cargo of equal weight, with the exception of small items that the passenger places next to him, the carrier is obliged to issue a cargo receipt of equal weight.

2.an equivalent cargo receipt must be made in two copies: one for passengers and one for the carrier.

3.it shall contain the following instructions: a) place and date of delivery; B) places of departure and destination; c) name and address of the carrier or carriers; D) number of the transport ticket; e) instruction that the equivalent cargo is provided to the bearer of the receipt; E) number and weight of seats; G) amount of declared value in accordance with paragraph 2 of Article 22; H) instruction that the provisions on liability established by this convention apply to transportation.

4.the absence, inaccuracy or loss of an equivalent cargo Receipt shall not affect either the validity or validity of the contract of carriage, and this Agreement shall still be subject to the force of this convention. However, if the carrier accepts the equivalent cargo without issuing the equivalent cargo receipt, or if the information specified in the letters D), E) and Z) is not contained in the equivalent cargo receipt, the carrier does not have the right to refer to the resolutions of this convention that release it from liability or limit it.

Part III-Air Transport document

 Article 5

1.each carrier of goods has the right to demand that the sender draw up and deliver a document called an "air transport document"; all shippers have the right to demand that the carrier accept this document.

2.however, the absence, inaccuracy or loss of this document does not affect either the validity or validity of the contract of carriage, this agreement will still be valid, subject to the reservation established by Article 9 of the provisions of this convention.

 Article 6

1.the sender draws up the air transport document in three original copies and it is handed over together with the goods.

2.the first copy contains the mark "for the carrier", which is signed by the sender. The second copy contains the mark "intended for the recipient", which is signed by the sender or carrier and must be sent together with the goods. The third copy is signed by the carrier and as soon as he receives the goods, he returns it to the sender.

3.a stamp may be placed instead of the carrier's signature; the sender's signature may be stamped or a stamp may be placed instead.

Article 7

If there are several places, the carrier of the goods has the right to demand that the sender draw up individual air transport documents.

Article 8

The following instructions are contained in the air transport document:

a) the place of creation of the document and the date of its creation;

B) places of departure and destination;

d) name and address of the sender;

e) name and address of the first carrier;

F) if the recipient is named, his name and address;

G) product type;

H) packaging quantity, type, marking or seat number;

I) weight, quantity, volume or quantity of goods;

K) external condition of the product and its packaging;

L) if the cost of the goods is warned, its cost, time and place of payment and the person to make the payment;

m) the cost of the goods and the amount of expenses in cases where the shipment is made by actual payment;

H) amount of declared value in accordance with paragraph 2 of Article 22;

O) number of copies of the air transport document;

p) documents sent to the carrier together with the air transport document;

p) general instructions on the time of transportation and route are specified (vi);

Article 9

If the carrier accepts the goods without drawing up an air transport document, the carrier does not have the right to refer to the resolutions of this convention that release it from liability or limit it, if all the information referred to in Article 8 is not specified in the document, starting from the letter A) and ending with the letter I).

Article 10

1.the sender is responsible for the accuracy of information and notifications about the goods recorded in the air transport document.

2.It shall be liable for any damage caused by incorrect, inaccurate or incomplete information and notification provided to the carrier and any other person.

Article 11

1.Air Transportation is a certificate of conclusion of a contract, acceptance of goods and contracts of carriage, until the proof is expressed in the opposite form to the document.

2.in contrast to the data of the Air Transport document on the weight, quantity and packaging of goods, as well as on the number of seats, they are proofs; these data may serve as evidence against the carrier, since the carrier, involving the sender, checks the data on the quantity, volume and condition of the goods, and emphasizes this in the air transport document, and it concerns data on the external condition of the goods.

Article 12

1. In case of fulfillment of all obligations arising from the contract of carriage, the carrier has the right to dispose of the goods, either by withdrawing the goods from the airfield of departure or destination, or stopping it at the time of landing on the route, or by requesting its return to the airfield (goods) at the place of destination or on the route, giving instructions to transfer it to another person from the recipient named in the air transport document, since the exercise of this right does not cause damage to the carrier or other senders, and he has the right to compensate for these expenses.

2.in cases where it is impossible to execute the sender's orders, the carrier is obliged to immediately notify him of this.

3.the carrier is responsible for the damage that this right may cause to the corresponding owner of the air transport document, while maintaining the right of reverse claim to the sender, subject to his order, without requiring the sender to deliver a copy of the air transport document issued to him.

4.if the right of the recipient arises in accordance with Article 3 below, the right of the sender is canceled. However, if the recipient refuses the transport document or goods, or they cannot be handed over to him, the sender again acquires his right of disposal.

Article 13

1.the recipient has the right to demand from the carrier, from the moment of receipt of the goods at the place of destination, to send him an air transport document and transfer the goods to him instead of paying the amount of the claim and fulfilling the conditions of Transportation specified in the air transport document.

2. The carrier is obliged to notify the recipient upon arrival of the goods, unless otherwise agreed.

3.if the carrier recognizes the loss of the goods or does not receive the goods after the expiration of the period of seven days, counting from the date of receipt of the goods, the recipient is allowed to exercise the rights arising from the contract of carriage in relation to the carrier.

Article 14

Each of the sender and recipient, regardless of whether they act in their own interests or in the interests of another, may exercise on their own behalf all the rights granted to them, respectively, in articles 12 and 13, but only if they fulfill the obligations imposed by the contract.

Article 15

1.Articles 12, 13 and 14 do not in any way affect the relationship between the sender and the recipient, nor the relationship of third parties whose rights arise either from the sender or from the recipient.

2.each note, different from the terms of Articles 12, 13 and 14, must be recorded in the air transport document.

Article 16

1.the sender is obliged to provide information and attach to the air transport document the documents necessary for the performance of official customs, customs city or police affairs before the delivery of the goods to the recipient. Except in cases where there is a fault on the part of the carrier or the persons to whom it is placed, the sender is responsible for all losses that may be caused to the carrier due to the lack of this information and papers, insufficient or incorrect.

2.the carrier is not obliged to check these information and documents for their accuracy or sufficiency.

CHAPTER III RESPONSIBILITY OF THE CARRIER

Article 17

If an accident that caused damage caused by the death, injury or other damage to the body of a passenger occurs on board the aircraft or during any landing and ejection operations, the carrier is responsible for this damage.

Article 18

1.the carrier shall be liable for the specified damage if an incident occurred during air transportation that caused damage that occurred when the registered cargo or goods were destroyed, lost or damaged.

2.in the meaning of the previous paragraph, the period of time during which the air carrier stores the cargo or goods, regardless of whether it occurs at the airfield, on board the aircraft or in any other place when landing outside the airfield.

3.none of the ground, sea or river transportation carried out outside the airfield is counted for the period of air transportation. However, if such transportation is carried out for the fulfillment of an air transportation contract, any damage is understood as damage arising from an incident during air transportation, for the purpose of loading, handing over or reloading, before the evidence is expressed against it.

Article 19

The carrier is responsible for damage caused by delays in passengers, cargo or goods during air transportation.

Article 20

1.the carrier shall not be liable if he or she proves that he or she has taken all necessary measures to prevent harm or that they have not been able to take such measures.

2.the carrier shall not be liable for the transportation of goods and equivalent goods if it proves that the damage caused occurred as a result of an error in aerobatics, aircraft driving or navigation, and in all other relations has taken all necessary measures to prevent damage by myself and the persons who delivered it.

Article 21

In the event that the carrier proves that the fault of the person who caused the damage caused or contributed to it, the court may cancel or limit the liability of the carrier in accordance with the decision of its law.

Article 22

1.when transporting passengers, the carrier's liability in relation to each passenger is limited to the amount of one hundred and twenty-five thousand francs. If, according to the law of the court that received the claim, compensation can be established in the form of systematic payments, the capitalized amount of these payments cannot be exceeded by the specified limit. However, by special agreement with the carrier, the passenger can set an even higher limit of liability.

2.the registered balance is limited to the amount of two hundred and fifty thousand francs during the transportation of goods and goods, except in cases of the carrier's liability, a special statement of interest in the delivery made by the sender when providing a place for the carrier and paying a possible additional fee. In this case, the carrier is obliged to pay this amount if the amount not exceeding the declared amount proves that the sender's actual interest in delivery does not exceed.

3.in respect of items placed by the passenger next to him, the carrier's liability is limited to receiving five thousand francs from the passenger.

4.it is estimated that the above amounts represent a French franc of sixty-five and a half milligrams of gold in the thousandth nine hundredth sample. They can be expressed in any national currency, rounding the number.

Article 23

All comments that imply the release of the carrier from liability or the establishment of a limit of liability below those established by this convention are invalid and do not cause any consequences, but the invalidity of this reservation does not entail the invalidity of the contract, and the provisions of this Convention continue to apply to the contract.

Article 24

1.in the cases provided for in Articles 18 and 19, a claim for liability may be made on any basis only in agreement with the conditions and limits provided for in this convention.

2.in cases provided for in Article 17, as well as in cases stipulated by the resolutions of the previous paragraph, the persons entitled to seek shall be applied without prejudice to the definition of the environment and their respective rights.

Article 25

1.if the damage is caused by a fault considered equal to the malicious intent in accordance with the law of the court that received the claim as a result of the malicious intent of the carrier, the carrier shall not have the right to refer to the resolutions of this convention that exempt it from liability or restrict it.

2.the carrier is not granted the above-mentioned right if one of the persons to whom the carrier delivered it, in the course of performing its duties, causes harm in the same cases, performing actions.

Article 26

1.prior to the presentation of evidence against the assumption, the recipient receives equivalent cargo and goods without objecting to the assumption that the goods were delivered in their proper condition and in accordance with the transport document.

2.in case of damage to the cargo, the recipient, as soon as he notices the damage, must immediately and at the latest, within a period of three days for equivalent cargo and seven days for goods, counting from the date of receipt. In case of delay, the protest must be made no later than fourteen days from the date of transfer of the cargo or goods to its authority.

3.all reservations must be made by means of a note recorded in the transport document or other written notification sent within the time limits established for this objection.

4.in the absence of objections within the established time limits, no claim against the carrier is accepted, except for cases when the carrier's party uses deception.

Article 27

If the debtor dies, the claim for liability applies to his legal successor within the limits provided for in this convention.

Article 28

1.liability shall be filed in court at the discretion of the plaintiff, within the territory of one of the higher Contracting Parties or at the place of residence of the carrier, at the location of the Main Directorate of his enterprise or at the location of his office, which assisted in the conclusion of the contract.

2.the procedure is established by the law of the court that received the claim.

Article 29

1.a claim for liability must be filed within two years from the date of receipt, or from the date of arrival of the aircraft, or from the date of termination of transportation, in case of fear of losing the right to claim.

2.the procedure for calculating the deadline is established by the law of the court that received the claim.

Article 30

1.in the case of transportation carried out by several regular carriers, regulated by the definition of the third paragraph of Article 1, the rules established by this convention apply to each carrier that accepts passengers, equivalent cargo or goods, and it is considered as a contracting party under the contract of carriage, as it is subject to this document to the part of carriage

2.in the case of such transportation, the passenger or his authorized persons shall apply to the carrier carrying out the transportation in which an accident or delay occurred, except for the case when the first carrier assumes responsibility for the entire journey under a special agreement.

3.if there is a case about goods or goods, the sender may file a case against the original carrier and the recipient entitled to receive a case against the last named one, and both of them may file a claim against the carrier who made the transport in which the destruction, loss, damage or delay occurred. These carriers are jointly responsible to the sender and recipient.

CHAPTER IV RESOLUTIONS ON COMBINED TRANSPORTATION

Article 31

1.in the case of combined transportation, one part of which is carried out by air and the other part by any other means of Transportation, the resolutions of this convention apply only to such transportation, if the air transportation meets the conditions of Article 1.

2.in the case of combined transportation, in the event that the resolutions of this convention apply to air transportation, nothing in this convention prevents the parties from entering into the air transportation document conditions relating to other types of Transportation.

CHAPTER V GENERAL AND FINAL RESOLUTIONS

Article 32

All Disclaimers of the contract of carriage and all special agreements concluded prior to causing harm shall be deemed invalid, opening the way for the parties to withdraw from the provisions of this convention, either by determining the law to be applied, or by changing the provisions on prosecution. However, during the transportation of goods, an intermediate discussion is allowed within the limits of this convention, if the intermediate discussion must take place in places where the competence of the courts provided for in Paragraph 1 of Article 28 applies.

Article 33

Nothing in this Convention may prevent the carrier from concluding a contract of carriage or establishing provisions that do not contradict the provisions of this Convention.

Article 34

This Convention does not apply to international air transport carried out by air transport enterprises as initial tests for the purpose of establishing regular air routes, nor to transport carried out in exceptional cases, in addition to all normal operations of air operation.

Article 35

When it comes to days in this convention, the mind does not have working days, but continuous consecutive days.

Article 36

This convention is drawn up in one copy in French, which is kept in the archives of the Polish Ministry of Foreign Affairs, and its certified copy is transferred by Order of the Polish government to the Government of each higher Contracting Party.

Article 37

1.this convention shall be ratified. Credentials are stored in the archives of the Polish Ministry of Foreign Affairs, which informs the Government of each High Contracting Party about this retention.

2.after the ratification of this convention by five High Contracting Parties, it shall enter into force between them on the ninetieth day after the retention of the fifth ratification. Subsequently, it shall enter into force on the ninetieth day after its retention between the High Contracting Parties that have ratified it and the High Contracting Party that reserves its instrument of ratification.

3.The Government of the Republic of Poland shall inform the Government of each higher contracting party both the date of retention of each ratification and the date of entry into force of this convention.

Article 38

1.this convention remains open for accession by all states after its entry into force.

2.accession shall be carried out by means of a notification sent to the Government of the Republic of Poland, the Government of this country shall notify the Government of each higher Contracting Party.

3.accession shall take effect from the ninetieth day after the notification made by the Government of the Republic of Poland.

Article 39

1.each High Contracting Party may revoke this convention by notification to the Government of the Republic of Poland, and the Government of this country shall immediately notify the Government of each High Contracting Party.

2.the cancellation shall take effect six months after the notification of the cancellation and only in respect of the party that carried it out.

Article 40

1.when the High Contracting Parties sign, retain the ratification or accede themselves, their acceptance of this convention shall not apply to their entire colonies, protectorates, mandate territories or all other territories under their sovereignty or their authority, or to all other territories under their suzerainty or any part thereof.

2.as a result, they may subsequently join separately on behalf of their entire huge colonies, protectorates, mandate territories, or all other territories under their sovereignty or their authority, or all territories under their suzerainty, or any part of them that is not included in their original message in this way.

3.they may also, in accordance with their resolutions, revoke the power of this convention individually for either their entire colonies, protectorates, mandate territories or all other territories under their sovereignty or their authority, or for all territories under their suzerainty, or for any part of them.

Article 41

Each High Contracting Party may, at least two years after the entry into force of this convention, take the initiative to convene a new international conference in order to seek improvements that can be made to this convention. To this end, he turns to the Government of the French Republic, the Government of said country takes the measures necessary to prepare this conference. This convention, concluded in Warsaw on October 12, 1929, remains open for signing until January 31, 1930.

Annex to Article 2 of the protocol

At the time of ratification or accession by the High Contracting Parties, paragraph 1 of Article 2 of this convention reserves the right to declare that the state does not apply to international air traffic carried out directly by it, its colonies, protectorates, mandate territories or all other territories subject to their sovereignty, their suzerainty or their authority.

Annex 2 protocol on amendments to the convention signed in Warsaw on October 12, 1929, in order to identify certain provisions relating to international air transportation*

__________________________ * Bulletin of the Supreme Soviet of the USSR, N 8, Part 1, document 217.

The signatory governments, considering it appropriate to amend the convention signed in Warsaw on October 12, 1929, to unify some of the provisions relating to international air transportation, agreed on the following:

CHAPTER I AMENDMENTS TO THE CONVENTION

Article I

Article 1 of the convention shall contain: a) paragraph 2 and replace it with: "2. in the meaning of this Convention, international transport shall be referred to as any transport, regardless of whether the stop is located on the territory of the other state, even if that state is not a Her Majesty's contracting party, whether there is a break in transportation or Such non-stop transportation between two points in the territory of one of the most prestigious Contracting Parties shall not be considered as international transportation in the meaning of this convention." B) take paragraph 3 and replace it with the following: "3. A carriage to be carried out by several successive air carriers shall, in the sense of applying this convention, constitute a single carriage if it is considered by the parties as a single operation, regardless of whether it is concluded in the form of one treaty or several treaties, and it does not lose its international character only because one or more treaties must be fully fulfilled

Article II

Paragraph 2 of Article 2 of the convention should be omitted and replaced with the following: "2. this convention shall not apply to the carriage of postal correspondence and postal mailings."

Article III

Paragraph 2 of Article 2 of the convention should be omitted and replaced with the following: "2. this convention shall not apply to the carriage of postal correspondence and postal mailings."

Article III

Article 3 of the convention shall contain: a) paragraph 1 and replace it with: "1. when transporting passengers: A) indicate the place of departure and destination; B) indicate one such stop if the places of departure and destination are located on the territory of one prestigious Contracting Party, and one or more stops provided for are located on the territory of another state, even if there is no such stop; C) if a passenger is traveling on a trip where the last destination or stop is not in the country of Origin, a ticket must be issued with a notice that the Warsaw Convention resolutions may apply to such transportation and that this convention defines and in most cases limits the carrier's liability in the event of death or injury to a person, as well as loss or damage to d) paragraph 2 should be omitted and replaced with the following: "2. the fare ticket will certify the conclusion of the contract of carriage and its conditions. The absence, inaccuracy or loss of a travel ticket does not contribute to the existence or validity of a transport agreement falling within the scope of the provisions of this convention. However, if, with the consent of the carrier, the passenger is taken on board the aircraft without issuing a ticket, or if the ticket does not contain the notification required by paragraph 1 B) of this article, then the carrier will not have the right to refer to the provisions of Article 22."

Article IV

Article 4 of the convention shall: a) omit paragraphs 1, 2, 3 and replace it with the following: "1. when transporting registered road baggage, unless it is combined with a fare ticket or included in a fare ticket that complies with the rules in Paragraph 1 of Article 3: A) indicate the place of departure and destination; B) indicate one such stop if the places of exit and destination are located on the territory of one; C) if a transport is carried out in which the last destination or stop is not in the country of Origin, a road baggage receipt must be issued with a notice that the regulations of the Warsaw Convention may apply to such transport and that this convention defines and in most cases limits the liability of the carrier in the event of loss or damage to the road baggage." d) paragraph 4 should be omitted and replaced with the following: "2. The Road baggage receipt will certify the registration of the road baggage and the rules of the transport agreement until the reverse proof is made. The absence, inaccuracy or loss of a road baggage receipt does not contribute to the existence or validity of a transport contract falling within the scope of the provisions of this convention. However, if the carrier takes care of the road cargo without issuing a road cargo receipt, or if the road cargo receipt (unless it is combined with a fare ticket or included in a fare ticket that complies with the rules in Paragraph 1 B of Article 3) does not contain the notification required in Paragraph 1 B of this article, then the carrier will not have the right to refer to the provisions of Paragraph 2 of Article 22".

Article V

Paragraph 3 of Article 6 of the convention should be omitted and replaced with the following: "3. the carrier must put his signature before the goods are loaded onto board the aircraft."

Article VI

Article 8 of the convention should be withdrawn and replaced with the following: "the air transport document specifies: a) the place of departure and destination; B) one such stop is indicated if the places of departure and destination are located on the territory of one prestigious Contracting Party, and one or more planned stops are located on the territory of another state, even if there is no such stop; C) if transportation is carried out where the last destination or stop is not in the country of origin, there must be a notification that the Warsaw Convention resolutions may apply to such transportation and that this convention defines and in most cases restricts the carrier's liability in the event of loss or damage to road baggage."

 Article VII

Article 9 of the convention shall be withdrawn and replaced with the following: "if, with the consent of the carrier, the goods are placed on board the aircraft without drawing up an air transport document or, if the air transport document does not contain the notification required by Paragraph B of Article 8, then the carrier shall not have the right to refer to the provisions of Paragraph 2 of Article 22".

Article VIII

Paragraph 2 of Article 10 of the convention shall be omitted and replaced with the following: "2. the sender shall be liable for any damage caused to the carrier or any other person to whom the carrier is liable due to the error, inaccuracy or incompleteness of the information or notifications provided by the sender."

Article IX

Add the following paragraph to Article 15 of the convention: "3. nothing in this convention prevents the transfer of a transferable Air Transport document".

Article X

To remove paragraph 2 of Article 20 of the convention.

Article XI

To remove Article 22 of the convention and replace it with the following:

Article 22

1.when transporting passengers, the carrier's liability in relation to each passenger is limited to the amount of two hundred and fifty thousand francs. If, in accordance with the law of the court to which the claim was filed, compensation is established in the form of periodic payments, the equivalent capitalized amount of these payments may not exceed two hundred and fifty thousand francs. However, through an exclusive agreement, the carrier and passenger can set an even higher limit of liability. 2. (a) the carrier's liability for the transportation of registered road baggage and goods is limited to the amount of two hundred and fifty thousand francs, except for the case when the passenger or sender made a special statement of interest in the delivery of the place of destination at the time of transfer of the seat to the carrier and, if necessary, paid an additional fee. In this case, the carrier is obliged to pay an amount not exceeding the declared amount, if he proves that this amount exceeds the actual interest of the passenger or sender in delivery to the destination. B) the weight taken into account when determining the amount to which the carrier's liability is limited, in case of loss, damage or half of the registered baggage or goods, or lack of certain substances contained in it, only the total weight or place of the cargo place will be taken. However, if the loss, damage or half of the registered baggage or goods is delayed or the lack of some items contained in it contributes to the cost of other places included in the same baggage receipt or in the same air transport document, then the total weight of such a place or places should also be taken into account when determining the limits of liability. 3.the liability of the carrier in relation to the items left to them by passengers is limited to five thousand francs per passenger. 4. The limits established by this article do not prevent the court from additionally transferring to the court all or part of the court costs and other expenses incurred by the plaintiff in the lawsuit in accordance with its law. The above rule does not apply if the amount established by the court for compensation for damage, with the exception of court costs and other expenses in the lawsuit, does not exceed the amount provided by the carrier in writing to the plaintiff before the start of the lawsuit within six months from the date of the damage, or if it is late on the day. 5. In this article, the amounts expressed in francs will be considered as belonging to a currency unit consisting of sixty-five and a half milligrams of gold, a sample of nine hundredths of a thousand. These amounts can be translated into the national currency in rounded figures. The transfer of amounts in national currency that do not contain gold will be carried out in accordance with the value of gold on the date of the court decision of such currencies in the event of a lawsuit."

Article XII

The paragraph contained in Article 23 of the convention shall be assigned number 1 and the following paragraph shall be added: "2. Paragraph 1 of this article shall not apply to the provisions relating to loss or damage caused as a result of a defect, quality or defect inherent in the transported cargo".

Article XIII

Paragraphs 1 and 2 of Article 25 of the convention should be omitted and replaced with the following: "the limits of liability established in Article 22 shall not apply if it is proved that the harm was caused as a result of an act committed with the intention of causing harm or unintentionally and knowing that as a result of this, the harm was caused as a result of

Article XIV

After Article 25 of the convention, place the following article:

"Article 25A

1.if a claim is made to a person imposed by the carrier in connection with the damage referred to in this convention, then such a person, if he proves that he acted within the limits of his official duties, will have the right to refer to the limitations of liability to which the carrier has the right to refer on the basis of Article 22. 2.the total amount that may be collected from the carrier and the persons assigned by it shall not exceed the specified limit in this case. 3. The provisions of Paragraphs 1 and 2 of this article shall not apply if it is proved that the harm was caused as a result of an act committed with the intention of causing harm or unintentionally and knowing that the harm will be caused as a result of this, or as a result of the negligence of the carrier or the persons committed by it."

Article XV

Paragraph 2 of Article 26 of the convention should be omitted and replaced with the following: "2. in the event of damage, the person entitled to receive the cargo must immediately and at the latest within seven days from the date of receipt of the baggage and within fourteen days from the date of receipt of the goods, as soon as the damage is detected. In case of delay, the protest must be made no later than 21 days from the date of transfer of road cargo or cargo to its disposal.

Article XVI

Article 34 of the convention should be withdrawn and replaced with the following: "the provisions of Article 3, including Article 9, on transport documents shall not apply in the case of transportation carried out in exceptional cases outside of any normal operations for air use."

Article XVII

After Article 40 of the convention, place the following article:

"Article 40A

1.the words "Her Majesty The Contracting Party" in Paragraph 2 of Article 37 and Paragraph 1 of Article 40 mean "state". In all other cases, the words "Her Majesty's Contracting Party" mean a state whose ratification or accession to the convention has entered into force, or whose annulment of the convention has not entered into force. 2.for the purposes of this convention, the word "territory" means not only the territory of the metropolitan area of the state, but all other territories for which this state is responsible for their external relations."

CHAPTER II LIMITS OF THE CONVENTION WITH AMENDMENTS MADE

Article XVIII

As amended by this protocol, the Convention shall apply to international transport as established by Article 1 of the convention, provided that the place of origin and destination referred to in this article shall be located in the territories of two states parties to the protocol or in the territory of one state party to this protocol with a stop provided for in the territory of another state.

CHAPTER III FINAL ARTICLES

Article XIX

Between the parties to this protocol, the Convention and the protocol must be read and understood together as a single document, and they must be called the Warsaw Convention with amendments introduced in The Hague in 1955.

Article XX

Until the date of entry into force of this protocol in accordance with the provisions of Article XXII, paragraph 1, it shall be open for signature on behalf of any state that has ratified or acceded to the convention or participated in the conference in which this protocol was adopted.

Article XXI

1.this protocol is subject to approval by the signatory states. 2.Approval of this protocol by any state that is not a party to the convention means accession to the convention with amendments made to this protocol. 3.certificates of approval must be deposited with the Government of the Polish people's Republic.

Article XXII

1.after depositing the certificates of ratification by 30 signatory states of this protocol, it shall enter into force on the ninetieth day after depositing the thirtieth certificate of ratification among them. It must enter into force on the ninetieth day after the deposit of the certificate of approval of this state for each state that approves it later. 2.after the entry into force of this protocol, it must be registered with the United Nations by the Government of the people's Republic of Poland.

Article XXIII

1.after the entry into force of this protocol, it will be open for accession by any state that has not signed it. 2.accession to this protocol by any state that is not a party to the Convention shall mean accession to the convention with amendments made to this protocol. 3.accession shall be made by depositing the document of accession to the Government of the people's Republic of Poland for storage and shall enter into force on the ninetieth day after the date of its submission.

Article XXIV

1.each party to this protocol may cancel the protocol by notification to the Government of the people's Republic of Poland. 2.the annulment shall enter into force upon the expiration of six months from the date of receipt of the notification of the annulment by the Government of the people's Republic of Poland. 3.between the parties to this protocol, the annulment of the convention by either of these parties should in no case be understood as the annulment of the convention with amendments made to this protocol.

Article XXV

1.this Protocol shall apply to all territories in respect of which the state, a party to this protocol, is responsible for its external relations, with the exception of territories in respect of which the statement was made in accordance with paragraph 2 of this article. 2.any state, upon depositing its certificate of ratification or document of accession, may declare that recognition of this protocol does not extend to any or more territories for which such state is responsible for its external relations. 3. Any state may, by notification subsequently sent to the Government of the people's Republic of Poland, extend the validity of this protocol to any territory or several territories in respect of which it has made a statement in accordance with paragraph 2 of this article. The notification must enter into force on the ninetieth day after the date of its receipt by this government. 4.any state that is a party to this protocol may revoke it in accordance with the provisions of Paragraph 1 of Article XXIV in relation to any territory for which such state is responsible for its external relations, individually or in relation to all territories.

Article XXVI

No Comments shall be accepted to this protocol, except that the state may declare by notification to the Government of the people's Republic of Poland that the Convention shall not apply to the carriage of persons, cargo and road cargo for places of military power in an aircraft registered in this state, places of power or all places reserved on their behalf.

Article XXVII

The Government of the people's Republic of Poland shall, in respect of the convention or this protocol, all signatory states, All States Parties to the convention or this protocol, and all states - members of the International Civil Aviation Organization or the United Nations, as well as the International Civil Aviation Organization: A) on any signing of this protocol and on the date of this signature; B) on; C) on the date of entry into force of this protocol in accordance with paragraph 1 of Article XXII; D) on the receipt and date of such receipt of any notification of cancellation; E) on the receipt and date of this receipt of any statement or notification made on the basis of Article XXV; E) on the receipt and date of this receipt of any notification made on the basis of Article XXVI. To certify this, the plenipotentiaries, duly authorized below, signed this protocol. It was made in The Hague on September 28, 1955 in French, English and Spanish, and all three texts are equally equal. In the case of any disagreement, the text created in French, in which the convention is drawn up, is the main one. This Protocol shall be deposited with the Government of the people's Republic of Poland and shall remain open for signature in accordance with Article XX and shall be distributed by this government certified copies of this protocol to the governments of all states that have signed the convention or this protocol, all states that are parties to the convention or this protocol, all states that are members of the International Civil Aviation Organization or the United Nations, and shall also send a certified copy to the International Civil Aviation Organization. (The protocol was signed on behalf of the following states: Belgium, Brazil, Czechoslovakia, Eyre, Egypt, France, Germany, Greece, Hungary, Israel, Italy, Laos, Liechtenstein, Luxembourg, Mexico, Netherlands, Norway, Philippines, Poland, Portugal, Romania, El Salvador, Sweden, Switzerland, USA, USSR, Venezuela).

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases