CONFIDENTIAL
Item 1.4
The Convention supplementary to,
the Warsaw Convention for the Unification
of Certain Rules Relating to International
Carriage by Air Performed by a Person
other than the Contracting Carrier,
Guadalajara 1961 (The Guadalajara Convention)
signed
1964.
The Guadalajara Convention (text at Annex A) was on 18 September 1961 and entered into force on 1 May The UK ratified the Convention on 4 September 1962 and extended it to Hong Kong on 15 March 1967 (reference at
Annex B).
2.
The
Guadalajara
Convention supplements the Warsaw Convention as amended by the Hague Protocol. The latter
does not contain particular rules relating to international carriage by air performed by a person who is not a party to the contract of carriage (1.e. the "actual carrier" who
performs international carriage by air by virtue of authority from the "contracting carrier") (Preamble and
Article 1).
In the light of this, the Guadalajara
Convention extends the rules of the warsaw Convention as
amended by the Hague Protocol to the "actual carrier"
(Article 2).
The liability of the actual carrier should
however not exceed the limits specified in the Warsaw Convention as amended by the Hague Protocol (Article 3).
3.
Under Article 7 of the Convention, an action for
damages may be brought against the actual carrier or the
Or against both together or
contractual provision
relieving the
contracting
separately.
carrier,
Any