A Review on Guatemala Protocol – 1971

This protocol is designed 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.

Some important clauses of the Protocol are as follow:

Article 1 states that: The Convention which the provisions of the present Chapter modify is the Warsaw Convention as amended at The Hague in 1955.

In Article 2 of this Protocol, the Article 3 of Warsaw Convention has been amended. It allows carrier to deliver individual or collective document for carriage (passenger ticket). This allows carrier to issue a single ticket for a number of passengers who are flying from an origin to a destination.

Article 3 of this convention replaces the Article 4 of Warsaw convention which talks about the checked baggage.

Article 4 of this convention replaces the Article 17 of Warsaw convention which talks about the damages in case of death or injury of a passenger and also damages to the baggage. The term “baggage” is also defined as both checked baggage and objects carried by the passenger.

Article 5 of this convention, replaces item 1 & 2 of article 18 of Warsaw convention which talks about the damages to cargo during the carriage by air.

Article 6 of this convention replaces the Article 20 of Warsaw convention which talks about damages occasioned by delay of passenger and baggage and also destruction, loss, damage or delay in carriage of cargo.

Article 7 of this convention replaces the Article 21 of Warsaw convention which talks about damages caused by the negligence or wrongful act of the person claiming compensation.

Article 8 of this convention replaces the Article 22 of Warsaw convention as follow:

  • “Article 22
  1. (a) In the carriage of persons the liability of the carrier is limited to the sum of one million five hundred thousand francs for the aggregate of the claims, however founded, in respect of damage suffered as a result of the death or personal injury of each passenger. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodic payments, the equivalent capital value of the said payments shall not exceed one million five hundred thousand francs.

 

(b) In the case of delay in the carriage of persons the liability of the carrier for each passenger is limited to sixty-two thousand five hundred francs.

 

(c) In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to fifteen thousand francs for each passenger.

 

  1. (a) In the carriage of cargo, the liability of the carrier is limited to a sum of two hundred and fifty francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the consignor’s actual interest in delivery at destination.

 

(b) In the case of loss, damage or delay of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier’s liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.

Here also states that:  The sums mentioned in francs in this Article and Article 42 shall be deemed to refer to a currency unit consisting of sixty-five and a half milligrams of gold of millesimal fineness nine hundred

Article 9 of this convention replaces the Article 24 of Warsaw convention which states that any action for damage to cargo, passenger or baggage shall be brought subjects of the conditions of this convention.