TNAG-2821-FCO40-4071-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 18

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