Warsaw Convention
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- Distinguish from the Warsaw Pact, which was a defence treaty between Eastern European nations
The Warsaw Convention is an international convention which regulates liability for international carriage of persons, luggage or goods performed by aircraft for reward.
Originally signed in 1929 in Warsaw (hence the name), it was amended in 1955 at The Hague and in 1975 in Montreal. United States courts have held that, at least for some purposes, the Warsaw Convention is a different instrument from the Warsaw Convention as Amended by the Hague Protocol.
In particular, the Warsaw Convention:
- mandates carriers to issue passenger tickets;
- requires carriers to issue baggage checks for checked luggage; and
- limits a carrier's liability to:
- 16,600 Special Drawing Rights (SDR) for personal damage;
- 17 SDR per kilogram for checked luggage and cargo,
- 332 SDR for the hand luggage of a traveller.
These sums are valid in the absence of a differing agreement (on a higher sum) with the carrier. Agreements on lower sums are null and void.
On September 1, 2005, the exchange rate was 1.00 SDR = 1.189 EUR or 1.00 SDR = 1.473 USD.
The Montreal Convention, signed in 1999, will replace the Warsaw Convention system, once Montreal has been ratified by all States. Until then, however, there will be a patchwork of rules governing international carriage by air, as different States will be parties to different agreements (or no agreement at all).
