The Warsaw Convention, the full name of the Convention for the Unification of Certain Rules for International Air Transport, was signed in Warsaw, Poland, on September 12, 1929. It came into force on February 13, 1933, and was amended many times later. China announced its accession in July 1957, and it came into force for China in October 1958. The main contents include the business scope of air transport, transport tickets, carrier's liability, damage compensation standards, etc., forming the "Warsaw system" in international air transport.

Warsaw Convention is a convention for unifying certain rules of international air transport

(Signed in Warsaw on October 12, 1929) (Effective from February 13, 1933)

The Contracting States consider that it is necessary to uniformly regulate the conditions of international air transport in terms of the documents used and the responsibilities of the carrier. To this end, the Plenipotentiaries, duly authorized, have signed this Convention as follows:

Chapter I Scope and Definition

Article 1

This Convention applies to all international transport in which remuneration is received for the carriage of passengers, baggage or cargo by aircraft. This Convention shall also apply to the free transport conducted by air transport enterprises with aircraft.

(2) The meaning of "international transport" referred to in this Convention is: according to the contract concluded by the parties concerned, regardless of whether there is interruption or transshipment in the transport, the place of departure and destination are any transport where there is an agreed stopping place in the territory under the sovereignty, suzerainty, mandate or power of two contracting or non contracting States. Transport between territories under the sovereignty, suzerainty, mandate or power of the same Contracting State, if there is no such agreed stopping place, shall not be regarded as international transport for the purposes of this Convention.

(3) If the carriage performed by several consecutive air carriers is regarded by the parties to the contract as a single business activity, whether it is concluded in the form of a contract or a series of contracts, it shall be regarded as a single carriage for the purposes of the application of this Convention, not because one of the contracts or a series of contracts is entirely in the sovereignty, suzerainty The territory under the jurisdiction of the mandate or power loses its international character due to its performance.

Article 2

(1) This Convention applies to the transport carried out by the State or other public legal persons under the conditions specified in Article 1.

(2) This Convention shall not apply to carriage carried out in accordance with the provisions of the International Postal Convention.

Chapter II Transport Documents

Section I Passenger Tickets

Article 3

(1) The carrier must issue a ticket when transporting passengers. The ticket shall include the following items:

（1） Place and date of issue;

（2） Departure and destination;

（3） The agreed stopping place, but the carrier reserves the right to change the stopping place when necessary. When exercising this right, the carrier shall not make the carriage lose its international character due to such change;

（4） Name and address of the carrier; 0

（5） Declare that the transport shall be subject to the system of responsibility provided for in this Convention.

(2) The existence and validity of the contract of carriage shall not be affected if there is no passenger ticket, or the ticket is irregular or lost, and the contract of carriage shall still be subject to the rules of this Convention. However, if the carrier carries passengers without issuing a ticket, the carrier has no right to invoke the provisions of this Convention on the exemption or limitation of the carrier's liability.

Section II Baggage Ticket

Article 4

(1) When transporting baggage, the carrier must issue a baggage check, except for small personal items kept by the passenger himself.

(2) The baggage ticket shall be prepared in duplicate, one for the passenger and the other for the carrier.

(3) The baggage check shall include the following items:

（1） Place and date of issue;

（2） Place of departure and destination;

（3） Name and address of the carrier;

（4） The number of the ticket;

（5） Declare that the baggage will be handed over to the baggage ticket holder;

（6） Number and weight of baggage;

（7） The value declared under Article 22 (2);

（8） Declare that the carriage shall be subject to the liability regime provided for in this Convention.

(4) The existence and validity of the contract of carriage shall not be affected if there is no baggage check, or the baggage check is not in accordance with the regulations or the baggage check is lost, and the contract of carriage shall still be subject to the rules of this Convention. However, if the carrier accepts the baggage and does not issue a baggage check, or if the baggage check does not include the above items (4), (6) and (8), the carrier has no right to invoke the provisions of this Convention on the exemption or limitation of the carrier's liability. Section 3 Air Waybill

Article 5

(1) The cargo carrier has the right to require the shipper to fill in a voucher called "air waybill", and the shipper has the right to require the carrier to accept this voucher.

(2) However, the existence and validity of the contract of carriage shall not be affected if there is no such certificate, or if the certificate is irregular or lost. Except as otherwise provided in Article 9, the contract of carriage shall also be subject to the rules of this Convention.

Article 6

(1) The shipper shall fill in the original air waybill in triplicate and deliver it to the carrier together with the goods.

(2) The first copy shall be marked "to the carrier" and signed by the shipper; The second copy, marked "Deliver to the consignee", shall be signed by the shipper and the carrier and attached to the goods; The third copy shall be signed by the carrier after accepting the goods and delivered to the shipper.

(3) The carrier should sign when accepting the goods.

(4) The signature of the carrier may be replaced by a stamp, and the signature of the shipper may be stamped or replaced by a stamp.

(5) If the carrier fills in the air waybill at the request of the shipper, it shall fill in the air waybill on behalf of the shipper in the absence of evidence to the contrary.

Article 7

If there is more than one piece of cargo, the carrier has the right to require the shipper to fill in the air waybill separately.

Article 8

The air waybill shall include the following items:

（1） Place and date of filling in the waybill;

（2） Place of departure and destination;

（3） The agreed stopping place, but the carrier reserves the right to change the stopping place when necessary. When exercising this right, the carrier shall not make the carriage lose its international character due to such change;

（4） Name and address of the shipper;

（5） Name and address of the first carrier;

（6） If necessary, the name and address of the consignee shall be indicated;

（7） The nature of the goods;

（8） Number of packages, packaging method, special marks or numbers;

（9） Weight, quantity, volume or dimension of goods;

（10） Appearance of goods and packages;

（11） If the freight has been agreed, the amount of the freight, the date and place of payment and the payer shall be indicated;

（12） In the case of cash on delivery, the price of the goods shall be stated, and if necessary, the expenses payable shall also be stated;

（13） The value declared under Article 22 (2);

（14） Number of copies of air waybill;

（15） The certificate presented to the carrier together with the air waybill;

（16） If it is agreed, the transportation period shall be indicated and the route shall be outlined;

（17） Declare that the carriage shall be subject to the liability regime provided for in this Convention.

Article 9

If the carrier accepts the goods without filling in the air waybill, or if the air waybill does not include the provisions of Article 8 (1) to (9) and (17), the carrier has no right to invoke the provisions of this Convention on the exemption or limitation of the carrier's liability.

Article 10

(1) The shipper shall be responsible for the correctness of all descriptions and statements about the goods filled in the air waybill.

(2) The shipper shall be liable for all losses suffered by the carrier or any other person as a result of the irregularity, inaccuracy or incompleteness of these statements and declarations.

Article 11

(1) In the absence of evidence to the contrary, the air waybill is evidence of the conclusion of the contract, acceptance of the goods and conditions of carriage.

(2) In the absence of evidence to the contrary, the description of the weight, size, package and number of pieces of the goods in the air waybill shall be deemed to be true. Unless checked in person by the carrier and the shipper and noted in the air waybill that checked, or a description of the appearance of the goods, the description of the quantity, volume and condition of the goods shall not constitute evidence against the carrier.

Article 12

(1) The shipper has the right to take back the goods at the airport of the place of departure or the airport of the destination, or to suspend the transportation when stopping on the way, or to hand over the goods to the consignee not specified in the air waybill at the place of destination or in the course of transportation, or to require the goods to be returned to the airport of the place of departure, provided that the exercise of this right shall not cause damage to the carrier or other shippers, And shall pay all expenses arising therefrom.

(2) If the shipper's instructions cannot be carried out, the carrier shall immediately notify the shipper.

(3) If the carrier handles the goods according to the instructions of the shipper, but does not require the shipper to show the air waybill held by him, thus causing losses to the legitimate holder of the air waybill, the carrier shall be liable, but does not prejudice the carrier's right to claim compensation from the shipper.

(4) When the consignee's rights begin in accordance with the provisions of Article 13, the shipper's rights terminate. However, if the consignee refuses to accept the waybill or the goods, or cannot contact the consignee, the shipper resumes his right to handle the goods.

Article 13

(1) Except for the circumstances listed in the preceding article, the consignee has the right to request the carrier to hand over the air waybill and issue the goods after the goods have arrived at the destination, and after paying the amount payable and fulfilling the transportation conditions listed in the air waybill.

(2) Unless otherwise agreed, the carrier shall notify the consignee immediately after the arrival of the goods.

(3) If the carrier acknowledges that the goods have been lost or have not arrived seven days after the date on which they should have arrived, the consignee is entitled to exercise the rights conferred by the contract of carriage against the carrier.

Article 14

Under the condition that the shipper or consignee performs its obligations under the contract, whether for its own benefit or for the benefit of others, it may exercise all the rights conferred by Articles 12 and 13 respectively in its own name.

Article 15

(1) Articles 12, 13 and 14 do not affect the relationship between the shipper and the consignee or between the consignee and the shipper, nor do they affect the relationship between third parties who obtain rights from the shipper or the consignee.

(2) All provisions different from those in Articles 12, 13 and 14 shall be clearly specified in the air waybill.

Article 16

(1) The shipper shall provide all necessary information to complete customs, tax or public security procedures before the goods are delivered to the consignee, and shall attach the necessary relevant documents to the back of the air waybill. Unless due to the fault of the carrier or its agent, the shipper shall be liable to the carrier for any loss caused by the lack, insufficiency or irregularity of such information or documents.

(2) The carrier has no obligation to check whether such information or documents are correct or complete.

Chapter III Liability of the Carrier

Article 17

The carrier shall be responsible for the loss of passengers due to death, injury or any other physical damage, if the accident causing such loss occurs on board or during the process of getting on or off the aircraft.

Article 18

(1) The carrier shall be liable for the loss of any registered baggage or cargo due to destruction, loss or damage, if the accident causing such loss occurred during air transport.

(2) The meaning of air transport referred to in the preceding paragraph includes the period during which baggage or cargo is in the custody of the carrier, whether in an airport, on an aircraft or at any place outside the airport.

(3) The period of air transport does not include any land, sea or river transport outside the airport. However, if such transportation is for the purpose of performing the air transport contract, loading, delivery or transshipment, any loss shall be deemed to be the result of an accident occurring during the air transport, unless there is evidence to the contrary.

Article 19

The carrier shall be liable for the loss caused by the delay of passengers, baggage or cargo during air transport.

Article 20

(1) The carrier shall not be liable if he proves that he and his agent have taken all necessary measures to avoid loss, or that it is impossible to take such measures.

(2) In the transport of goods and baggage, the carrier shall not be liable if he proves that the loss was caused by a fault in navigation, aircraft operation or pilotage, and in all other respects the carrier and his agent have taken all necessary measures to avoid the loss.

Article 21

If the carrier proves that the loss was caused or contributed to by the fault of the victim, the court may exempt or mitigate the carrier's liability according to its laws.

Article 22

(1) When transporting passengers, the liability of the carrier to each passenger shall be limited to 125000 francs. If, according to the law of the court accepting the case, the loss can be compensated by installment, the total value of the payment shall not exceed this limit, but the passenger may, according to a special agreement between him and the carrier, set a higher limit of liability.

(2) In the carriage of registered baggage and goods, the liability of the carrier for the baggage or goods shall be limited to 250 francs per kilogram, unless the shipper, at the time of delivery, has specifically declared the value of the baggage or goods after arrival and paid the necessary surcharge. In this case, the liability of the carrier shall not exceed the declared amount, unless the carrier proves that the amount declared by the shipper is higher than the actual value of the baggage or goods after arrival.

(3) The liability of the carrier to each passenger shall be limited to five thousand francs with respect to articles kept by the passenger himself.

(4) The above-mentioned francs refer to French francs containing 65.5 mg of gold of 900% fineness. This amount can be converted into the currency of any country and taken as an integer.

Article 23

Any clause which attempts to exempt the carrier from liability or establishes a limit of liability lower than that specified in this Convention shall not be effective, but the contract shall remain bound by the provisions of this Convention and shall not be invalidated thereby.

Article 24

(1) In the event of the circumstances specified in Articles 18 and 19, regardless of the basis, all actions relating to liability may be brought only in accordance with the conditions and limits set out in this Convention.

(2) In case of the circumstances specified in Article 17, the above provisions shall also apply, without prejudice to the determination of who has the right to bring an action and their respective rights.

Article 25

(1) If the loss occurred due to the intentional misconduct of the carrier, or due to the fault of the carrier, and such fault is deemed to be equivalent to intentional misconduct according to the law of the court of acceptance, the carrier has no right to invoke the provisions of this Convention on the exemption or limitation of the carrier's liability.

(2) Similarly, if the loss caused by the above circumstances is caused by one of the carrier's agents in the performance of his duties, the carrier has no right to invoke this provision.

Article 26

(1) Unless there is evidence to the contrary, if the addressee has no objection when receiving the baggage or cargo, it is deemed that the baggage or cargo has been delivered in good condition and is consistent with the transport document.

(2) In case of any damage, the recipient shall immediately raise an objection to the carrier after finding the damage. In case of baggage, the objection shall be raised within three days after the baggage is received at the latest. In case of cargo, the objection shall be raised within seven days after the cargo is received at the latest. In case of delay, the objection shall be raised within 14 days from the date when the baggage or cargo is placed at the disposal of the addressee at the latest.

(3) Any objection shall be written on the transport document or otherwise submitted in writing within the specified time limit.

(4) Unless there is fraud on the part of the carrier, if no objection is raised within the specified period, no action can be brought against the carrier.

Article 27

If the debtor dies, an action relating to liability within the scope of this Convention may be brought against the debtor's successor in title.

Article 28

(1) An action concerning compensation shall, at the will of the plaintiff, be filed in the court of the place where the carrier is domiciled or where its general administration is located or where the contracting authority is located, or in the court of the destination, within the territory of a Contracting State.

(2) The litigation procedure shall be handled in accordance with the legal provisions of the court accepting the case.

Article 29

(1) The lawsuit shall be filed within two years from the date when the aircraft arrives at the destination, or should arrive, or from the date when the transportation stops, otherwise the right of recourse will be lost.

(2) The calculation method of the litigation period shall be determined according to the law of the court of acceptance.

Article 30

(1) In the case of carriage performed by several successive carriers in accordance with the provisions of paragraph (3) of Article 1, each carrier accepting passengers, baggage or cargo shall be bound by the provisions of this Convention and shall be a party to the contract of carriage to the extent that it performs a portion of the carriage under the contract.

(2) In the case of transportation of this nature, the passenger or his representative can only bring an action against the carrier for the part of the carriage where the accident or delay occurred, unless it is expressly agreed that the first carrier shall be responsible for the whole journey.

(3) As for baggage or goods, the shipper has the right to file a lawsuit against the first carrier, and the consignee who has the right to claim baggage or goods also has the right to file a lawsuit against the last carrier. In addition, both the shipper and the consignee can bring an action against the carrier who has destroyed, lost, damaged or delayed a portion of the carriage. These carriers shall be jointly and severally liable to the shipper and the consignee.

Chapter IV Provisions on Combined Transport

Article 31

(1) The provisions of this Convention shall only apply to the part of air transport that meets the conditions of Article 1, where part of the transport is carried by air and part of the transport is jointly carried out by other means of transport.

(2) In the case of combined transport, this Convention does not prevent the parties from including conditions relating to other modes of transport on air transport documents, provided that the air transport part complies with the provisions of this Convention.

Chapter V General and Final Provisions

Article 32

Any provision of the contract of carriage and any special agreement prior to the occurrence of loss shall not be effective if the parties to the contract of carriage thereby violate the rules of this Convention, whether by choosing the applicable law or by changing the jurisdiction. However, within the scope of this Convention, there may be arbitration clauses in the carriage of goods, if such arbitration is conducted in the jurisdiction of the court specified in Article 28 (1).

Article 33

This Convention shall not prevent the carrier from refusing to enter into any contract of carriage or from formulating regulations not inconsistent with the provisions of this Convention.

Article 34

This Convention does not apply to international air transport conducted by air transport agencies for the purpose of opening official routes for trial flights, nor to transport conducted under special circumstances beyond the normal air transport business.

Article 35

As used in this Convention, "days" refer to consecutive days, not working days.

Article 36

This Convention is written in French and deposited in the archives of the Ministry of Foreign Affairs of Poland. The Polish Government shall send officially certified copies to the Governments of the Contracting States.

Article 37

(1) This Convention is subject to ratification. The instrument of ratification shall be deposited in the archives of the Polish Ministry of Foreign Affairs, which shall notify the Governments of the Contracting States.

(2) Once ratified by five States Parties, this Convention shall enter into force as between the ratifying States on the ninetieth day after the deposit of the fifth instrument of ratification. Thereafter, it shall enter into force between the depositary and the ratified States on the ninetieth day after the deposit of the instrument of ratification by each ratifying State.

(3) The Government of the Republic of Poland shall notify the Governments of the Contracting States of the date of entry into force of this Convention and the date of deposit of each instrument of ratification.

Article 38

(1) After the entry into force of this Convention, any State may accede to it at any time.

(2) To accede to this Convention, a notification shall be sent to the Government of the Republic of Poland, which shall notify the Governments of the Contracting States.

(3) Accession to this Convention shall enter into force on the ninetieth day after the notification is sent to the Government of the Republic of Poland.

Article 39

(1) Any Contracting State may denounce this Convention by written notification to the Government of the Republic of Poland, which shall immediately notify the Governments of the Contracting States.

(2) Denunciation of this Convention shall enter into force at the expiration of six months after notification of such denunciation, and shall only enter into force in respect of the State which has declared such denunciation.

Article 40

(1) A Contracting State may, at the time of signature, or at the time of deposit of its instrument of ratification or notification of accession, declare that the Convention it has accepted does not apply to all or part of its colonies, protectorates, appointed territories or other territories under its sovereignty or power or any other territories under its sovereign jurisdiction.

(2) A Contracting State may subsequently accede to it separately in the name of all or part of its colonies, protectorates, appointed territories or any other territories under its sovereignty or power or any other territories under its sovereign jurisdiction, except as originally declared.

(3) A Contracting State may also, in accordance with the provisions of this Convention, denounce this Convention for all or part of its colonies, protectorates, appointed territories or any other territory under its sovereignty or power or any other territory under its sovereign jurisdiction.

Article 41

Convention States may, two years after the entry into force of this Convention, request the convening of a new international conference to seek possible improvements to this Convention. To this end, it shall inform the Government of the French Republic that it will take the necessary measures to prepare for the Conference.

This Convention was signed in Warsaw on October 12, 1929. The deadline for signing was January 31, 1930.

Additional Protocol (on Article 2)

At the time of ratification or accession, a Contracting State reserves the right to declare that Article 2 (1) of this Convention does not apply to international air transport directly handled by its country, its colonies, protectorates, appointed territories or any other territory under its sovereignty, suzerainty or power.