GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Carriage by Air Act — C-26 (1)
After Article 25 of the Convention, the following article shall be inserted: “ Article 25 A (1) If an action is brought against a servant or agent of the carrier arising out of damage to which this Convention relates, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the limits of liability which that carrier himself is entitled to invoke under Article 22. (2) The aggregate of the amounts recoverable from the carrier, his servants and agents, in that case, shall not exceed the said limits. (3) The provisions of paragraphs (1) and (2) of this article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.”
Carriage by Air Act — C-26 (1)
(1) If an action is brought against a servant or agent of the carrier arising out of damage to which this Convention relates, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the limits of liability which that carrier himself is entitled to invoke under Article 22.
Carriage by Air Act — C-26 (2)
(2) The aggregate of the amounts recoverable from the carrier, his servants and agents, in that case, shall not exceed the said limits.
Carriage by Air Act — C-26 (3)
(3) The provisions of paragraphs (1) and (2) of this article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.”
Carriage by Air Act — C-26 “(2)
In Article 26 of the Convention — paragraph (2) shall be deleted and replaced by the following: “(2) In the 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 seven days from the date of receipt in the case of baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his disposal.”
Carriage by Air Act — C-26 “(2)
paragraph (2) shall be deleted and replaced by the following: “(2) In the 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 seven days from the date of receipt in the case of baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his disposal.”
Carriage by Air Act — C-26 “(2)
“(2) In the 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 seven days from the date of receipt in the case of baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his disposal.”
Carriage by Air Act — C-26
Article 34 of the Convention shall be deleted and replaced by the following: “The provisions of Articles 3 to 9 inclusive relating to documents of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of an air carrier’s business.”
Carriage by Air Act — C-26
“The provisions of Articles 3 to 9 inclusive relating to documents of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of an air carrier’s business.”
Carriage by Air Act — C-26 (1)
After Article 40 of the Convention, the following Article shall be inserted: “ Article 40 A (1) In Article 37, paragraph (2) and Article 40, paragraph (1), the expression High Contracting Party shall mean State . In all other cases, the expression High Contracting Party shall mean a State whose ratification of or adherence to the Convention has become effective and whose denunciation thereof has not become effective. (2) For the purposes of the Convention the word territory means not only the metropolitan territory of a State but also all other territories for the foreign relations of which that State is responsible.”
Carriage by Air Act — C-26 (1)
(1) In Article 37, paragraph (2) and Article 40, paragraph (1), the expression High Contracting Party shall mean State . In all other cases, the expression High Contracting Party shall mean a State whose ratification of or adherence to the Convention has become effective and whose denunciation thereof has not become effective.
Carriage by Air Act — C-26 (2)
(2) For the purposes of the Convention the word territory means not only the metropolitan territory of a State but also all other territories for the foreign relations of which that State is responsible.”
Carriage by Air Act — C-26
The Convention as amended by this Protocol shall apply to international carriage as defined in Article 1 of the Convention, provided that the places of departure and destination referred to in that Article are situated either in the territories of two parties to this Protocol or within the territory of a single party to this Protocol with an agreed stopping place within the territory of another State.
Carriage by Air Act — C-26
As between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument and shall be known as the Warsaw Convention as amended at The Hague, 1955 .
Carriage by Air Act — C-26
Until the date on which this Protocol comes into force in accordance with the provisions of Article XXII, paragraph (1), it shall remain open for signature on behalf of any State which up to that date has ratified or adhered to the Convention or which has participated in the Conference at which this Protocol was adopted.
Carriage by Air Act — C-26 (1)
(1) This Protocol shall be subject to ratification by the signatory States.
Carriage by Air Act — C-26 (2)
(2) Ratification of this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol.
Carriage by Air Act — C-26 (3)
(3) The instruments of ratification shall be deposited with the Government of the People’s Republic of Poland.
Carriage by Air Act — C-26 (1)
(1) As soon as thirty signatory States have deposited their instruments of ratification of this Protocol, it shall come into force between them on the ninetieth day after the deposit of the thirtieth instrument of ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit of its instrument of ratification.
Carriage by Air Act — C-26 (2)
(2) As soon as this Protocol comes into force it shall be registered with the United Nations by the Government of the People’s Republic of Poland.
Carriage by Air Act — C-26 (1)
(1) This Protocol shall, after it has come into force, be open for adherence by any non-signatory State.
Carriage by Air Act — C-26 (2)
(2) Adherence to this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol.
Carriage by Air Act — C-26 (3)
(3) Adherence shall be effected by the deposit of an instrument of adherence with the Government of the People’s Republic of Poland and shall take effect on the ninetieth day after the deposit.
Carriage by Air Act — C-26 (1)
(1) Any Party to this Protocol may denounce the Protocol by notification addressed to the Government of the People’s Republic of Poland.
Carriage by Air Act — C-26 (2)
(2) Denunciation shall take effect six months after the date of receipt by the Government of the People’s Republic of Poland of the notification of denunciation.
Carriage by Air Act — C-26 (3)
(3) As between the Parties to this Protocol, denunciation by any of them of the Convention in accordance with Article 39 thereof shall not be construed in any way as a denunciation of the Convention as amended by this Protocol.
Carriage by Air Act — C-26 (1)
(1) This Protocol shall apply to all territories for the foreign relations of which a State Party to this Protocol is responsible, with the exception of territories in respect of which a declaration has been made in accordance with paragraph (2) of this Article.
Carriage by Air Act — C-26 (2)
(2) Any State may, at the time of deposit of its instrument of ratification or adherence, declare that its acceptance of this Protocol does not apply to any one or more of the territories for the foreign relations of which such State is responsible.
Carriage by Air Act — C-26 (3)
(3) Any State may subsequently, by notification to the Government of the People’s Republic of Poland, extend the application of this Protocol to any or all of the territories regarding which it has made a declaration in accordance with paragraph (2) of this Article. The notification shall take effect on the ninetieth day after its receipt by that Government.
Carriage by Air Act — C-26 (4)
(4) Any State Party to this Protocol may denounce it, in accordance with the provisions of Article XXIV, paragraph (1), separately for any or all of the territories for the foreign relations of which such State is responsible.
Carriage by Air Act — C-26
No reservation may be made to this Protocol except that a State may at any time declare by a notification addressed to the Government of the People’s Republic of Poland that the Convention as amended by this Protocol shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft, registered in that State, the whole capacity of which has been reserved by or on behalf of such authorities.
Carriage by Air Act — C-26 (a)
The Government of the People’s Republic of Poland shall give immediate notice to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the International Civil Aviation Organization or of the United Nations and to the International Civil Aviation Organization: (a) of any signature of this Protocol and the date thereof; (b) of the deposit of any instrument of ratification or adherence in respect of this Protocol and the date thereof; (c) of the date on which this Protocol comes into force in accordance with Article XXII, paragraph (1); (d) of the receipt of any notification of denunciation and the date thereof; (e) of the receipt of any declaration or notification made under Article XXV and the date thereof; and (f) of the receipt of any notification made under Article XXVI and the date thereof.
Carriage by Air Act — C-26 (a)
(a) of any signature of this Protocol and the date thereof;
Carriage by Air Act — C-26 (b)
(b) of the deposit of any instrument of ratification or adherence in respect of this Protocol and the date thereof;
Carriage by Air Act — C-26 (c)
(c) of the date on which this Protocol comes into force in accordance with Article XXII, paragraph (1);
Carriage by Air Act — C-26 (d)
(d) of the receipt of any notification of denunciation and the date thereof;
Carriage by Air Act — C-26 (e)
(e) of the receipt of any declaration or notification made under Article XXV and the date thereof; and
Carriage by Air Act — C-26 (f)
(f) of the receipt of any notification made under Article XXVI and the date thereof.
Carriage by Air Act — C-26
In Witness Whereof the undersigned Plenipotentiaries, having been duly authorized, have signed this Protocol.
Carriage by Air Act — C-26
Done at The Hague on the twenty-eighth day of the month of September of the year One Thousand Nine Hundred and Fifty-five, in three authentic texts in the English, French and Spanish languages. In the case of any inconsistency, the text in the French language, in which language the Convention was drawn up, shall prevail.
Carriage by Air Act — C-26
This Protocol shall be deposited with the Government of the People’s Republic of Poland with which, in accordance with Article XX, it shall remain open for signature, and that Government shall send certified copies thereof to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the International Civil Aviation Organization or of the United Nations, and to the International Civil Aviation Organization.
Carriage by Air Act — C-26
[Here follow the signatures on behalf of the Governments of Belgium, Brazil, Republic of Czechoslovakia, Egypt, France, Federal Republic of Germany, Greece, Hungarian People’s Republic, Ireland, Israel, Italy, Laos, Liechtenstein, Luxembourg, Mexico, Norway, Netherlands, Philippines, Polish People’s Republic, Portugal, Roumanian People’s Republic, Salvador, Sweden, Switzerland, Union of Soviet Socialist Republics, and Venezuela.]
Carriage by Air Act — C-26
CONSIDERING that it is desirable to amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 as amended by the Protocol done at The Hague on 28 September 1955,
Carriage by Air Act — C-26
The Convention which the provisions of the present Chapter modify is the Warsaw Convention as amended at The Hague in 1955.
Carriage by Air Act — C-26 “2
In Article 2 of the Convention, paragraph 2 shall be deleted and replaced by the following: “2 In the carriage of postal items the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations. 3 Except as provided in paragraph 2 of this Article, the provisions of this Convention shall not apply to the carriage of postal items.”
Carriage by Air Act — C-26 “2
“2 In the carriage of postal items the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations.
Carriage by Air Act — C-26 3
3 Except as provided in paragraph 2 of this Article, the provisions of this Convention shall not apply to the carriage of postal items.”
Carriage by Air Act — C-26
“Section III. — Documentation relating to cargo
Carriage by Air Act — C-26 1
1 In respect of the carriage of cargo an air waybill shall be delivered.
Carriage by Air Act — C-26 2
2 Any other means which would preserve a record of the carriage to be performed may, with the consent of the consignor, be substituted for the delivery of an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a receipt for the cargo permitting identification of the consignment and access to the information contained in the record preserved by such other means.
Carriage by Air Act — C-26 3
3 The impossibility of using, at points of transit and destination, the other means which would preserve the record of the carriage referred to in paragraph 2 of this Article does not entitle the carrier to refuse to accept the cargo for carriage.
Carriage by Air Act — C-26 1
1 The air waybill shall be made out by the consignor in three original parts.
Carriage by Air Act — C-26 2
2 The first part shall be marked “for the carrier”; it shall be signed by the consignor. The second part shall be marked “for the consignee”; it shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier and handed by him to the consignor after the cargo has been accepted.
Carriage by Air Act — C-26 3
3 The signature of the carrier and that of the consignor may be printed or stamped.
Carriage by Air Act — C-26 4
4 If, at the request of the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.
Carriage by Air Act — C-26 (a)
When there is more than one package: (a) the carrier of cargo has the right to require the consignor to make out separate air waybills; (b) the consignor has the right to require the carrier to deliver separate receipts when the other means referred to in paragraph 2 of Article 5 are used.
Carriage by Air Act — C-26 (a)
(a) the carrier of cargo has the right to require the consignor to make out separate air waybills;
Carriage by Air Act — C-26 (b)
(b) the consignor has the right to require the carrier to deliver separate receipts when the other means referred to in paragraph 2 of Article 5 are used.
Carriage by Air Act — C-26 (a)
The air waybill and the receipt for the cargo shall contain: (a) an indication of the places of departure and destination; (b) if the places of departure and destination are within the territory of a single High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; and (c) an indication of the weight of the consignment.
Carriage by Air Act — C-26 (b)
(b) if the places of departure and destination are within the territory of a single High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; and
Carriage by Air Act — C-26 (c)
(c) an indication of the weight of the consignment.
Carriage by Air Act — C-26
Non-compliance with the provisions of Articles 5 to 8 shall not affect the existence or the validity of the contract of carriage, which shall, none the less, be subject to the rules of this Convention including those relating to limitation of liability.
Carriage by Air Act — C-26 1
1 The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by him or on his behalf in the air waybill or furnished by him or on his behalf to the carrier for insertion in the receipt for the cargo or for insertion in the record preserved by the other means referred to in paragraph 2 of Article 5.
Carriage by Air Act — C-26 2
2 The consignor shall indemnify the carrier against all damage suffered by him, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on his behalf.
Carriage by Air Act — C-26 3
3 Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall indemnify the consignor against all damage suffered by him, or by any other person to whom the consignor is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements inserted by the carrier or on his behalf in the receipt for the cargo or in the record preserved by the other means referred to in paragraph 2 of Article 5.
Carriage by Air Act — C-26 1
1 The air waybill or the receipt for the cargo is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein.
Carriage by Air Act — C-26 2
2 Any statements in the air waybill or the receipt for the cargo relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the cargo.
Carriage by Air Act — C-26 1
1 Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right.
Carriage by Air Act — C-26 2
2 If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith.
Carriage by Air Act — C-26 3
3 If the carrier obeys the orders of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the receipt for the cargo delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill or the receipt for the cargo.
Carriage by Air Act — C-26 4
4 The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or if he cannot be communicated with, the consignor resumes his right of disposition.
Carriage by Air Act — C-26 1
1 Except when the consignor has exercised his right under Article 12, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to him, on payment of the charges due and on complying with the conditions of carriage.
Carriage by Air Act — C-26 2
2 Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.
Carriage by Air Act — C-26 3
3 If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract of carriage.
Carriage by Air Act — C-26
The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract of carriage.
Carriage by Air Act — C-26 1
1 Articles 12, 13 and 14 do not affect either the relations of the consignor and the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.
Carriage by Air Act — C-26 2
2 The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill or the receipt for the cargo.
Carriage by Air Act — C-26 1
1 The consignor must furnish such information and such documents as are necessary to meet the formalities of customs, octroi or police before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, his servants or agents.
Carriage by Air Act — C-26 2
2 The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.”