Article 105p. 105

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

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 is 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 ninetieth 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

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