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
Article IX
Geldend
Geldend vanaf 01-05-1964
- Bronpublicatie:
18-09-1961, Trb. 1962, 37 (uitgifte: 01-05-1962, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-05-1964
- Bronpublicatie inwerkingtreding:
08-05-1964, Trb. 1964, 64 (uitgifte: 01-01-1964, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Vervoersrecht / Luchtvervoer
1.
Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Convention or to fix a lower limit than that which is applicable according to this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole agreement, which shall remain subject to the provisions of this Convention.
2.
In respect of the carriage performed by the actual carrier, the preceding paragraph shall not apply to contractual provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried.
3.
Any clause contained in an agreement for carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless, for the carriage of cargo arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place in one of the jurisdictions referred to in Article VIII.