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TERMS&CONDITIONS

Info Message. Your are on the “Legal notices” page

Legal notices

Sweet Paradise Tours is operated by Sweet Paradise Sàrl (Swiss Commercial Register-No. CH-238.906.298) registered offices are in Route du Curson 14A, CH-1197 Prangins, Switzerland.

Contact us

Sweet Paradise Sàrl
P.O. Box 2
CH-1197 Prangins
Switzerland.
Tel. +41 76 319 90 91
Fax. +41 22 565 25 67
email. contact@sweetparadise.swiss
website. sweetparadise.swiss

Info Message. Your are on the “Terms & Conditions” page
These General Terms and Conditions (GTC) of Sweet Paradise Sàrl. (Commercial Register-No. CH-238.906.298), Route du Curson 14A, CH-1197 Prangins, Switzerland. apply to all bookings with or through Sweet Paradise Sàrl or via its websites www.sweetparadisetours.ch, www.sweetparadisetours.ch, www.sweetparadisetours.fr, www.sweetparadisetours.de .

1. GENERAL TERMS AND CONDITIONS

a) Your contract

When Sweet Paradise Tours acts as a Tour Operator, your contract will be with Sweet Paradise Sàrl. (Commercial Register-No. CH-238.906.298) (“ Sweet Paradise Tours ”). When Sweet Paradise Tours acts as an intermediary, your contract will be with a travel supplier (such as airlines – including low cost carriers, hotels, holidays rental, insurance, Tours and car rental companies) depending on what travel product/s or service/s you book. Sweet Paradise Sàrl registered offices are in Route du Curson 14A, CH-1197 Prangins., Switzerland.
It is recommended that you as the customer make a print out of these terms and conditions at the time of booking.
1. Contract for flight: Sweet Paradise Tours will make the booking on your behalf as a booking agent for the relevant travel supplier(s) concerned and your contract will be subject to the relevant supplier’s terms and conditions which could limit or exclude liability to you (often in accordance with various applicable international conventions).
2. Contract for Hotel: We sell hotels in two different ways ( see more details in paragraph 4.a):
i. Merchant hotels: These hotels are denoted on the website with “ Sweet Paradise Tours recommends” logo. The contract is in that case concluded between you and Sweet Paradise Tours .
ii. Retail hotels: The contract is in that case concluded between you and the hotel. Sweet Paradise Tours acts as a booking agent and your contract will be subject to the relevant supplier’s terms and conditions which could limit or exclude liability to you.
3. Contract for Car: Sweet Paradise Tours will make the booking on your behalf as a booking agent for the relevant travel supplier(s) concerned and your contract will be subject to the relevant supplier’s terms and conditions which could limit or exclude liability to you.
4. Contract for Package: A package is a pre-arranged combination lasting more than 24 hours or including at least one over night stay and consisting of at least two of the following: (a) transport (b) accommodation or (c) another tourist service forming a significant part of your booking and those two or more components are sold to you as a whole at the same time by us at a total price. There is also a package in the sense of the former sentence if individual travel products and services are separately priced within the same package. The contract is in that case concluded between you and Sweet Paradise Tours .
In all cases where Sweet Paradise Tours acts as a booking agent, you will be additionally subject to provider’s terms and conditions. You may review these supplier’s terms directly.
Your contract will come into existence once we have received your payment in cleared funds (or in respect of retail hotels, once we have received your booking fee) and a confirmation invoice has been issued.
All Sweet Paradise Tours fees can be changed at any time. This includes telesales, cancel, change, payment card or other fees. Such fees can be reduced, increased or removed at any time.
The Sweet Paradise Tours terms and conditions apply to all bookings (including those where we act only as agent) except where otherwise specified. By proceeding with your travel booking you are confirming that you have read, understood and accept these general terms and conditions and these form part of the contract under which Sweet Paradise Tours provides you with travel services.
If you select an insurance, you also accept conditions générales de l’Européenne. by accepting these terms and conditions.

b) Privacy Policy

For details of how we may use information which we obtain from you by your use of the site, please refer to the provisions of the Sweet Paradise Tours ’ privacy policy which forms part of the contract upon which we provide you with travel services. You acknowledge that you have read and are fully aware of the contents of such privacy policy and accept its enforceability. By proceeding with your travel booking, you confirm that you have read, understood and accept the terms of the privacy policy. You must keep secure any means of identification which we supply to you in order to use services on this site. You must supply accurate and complete information when using this site.

c) Insurance cover

We recommend that you take out suitable insurance to cover (as a minimum) the costs incurred if you make a cancellation and the cost of assistance, including repatriation, in the event of an accident or illness whilst you are abroad and it is your responsibility to ensure the insurance you book is suitable and adequate for your particular needs. It is your responsibility to comply with the insurance company’s requirements and your duty to disclose to the insurance company all relevant information e.g. pre-existing illnesses.
Sweet Paradise Tours can provide you with insurance cover through l’Européenne.

d) Passport, visa and health information/requirements

It is your responsibility to check with the applicable Embassy or Consulate to see whether the destination(s) or any transit point(s) that you are visiting requires a passport, a visa and any health vaccination. If necessary, this is your responsibility to obtain them. If you fail to do so, you will be solely responsible for any cost, loss or damage which you or we incur as a result of your failure. Please note that specific requirements for specific countries can be complex and subject to change at short notice.
People travelling with one way ticket can be refused to enter specific countries without being able to prove they have a document showing their departure of the country.
You should consult the Embassy of your destination country and the website of Federal Department of Foreign Affairs. For Switzerland, use the following website: http://www.eda.admin.ch/eda/en/home/reps.html regarding any special documentation for the countries you are visiting or for return to Switzerland.
It is also important to remember to include all transit points of your journey; which may also require you to obtain a visa. Please note that many countries require that your passport is valid for six months beyond the period of your stay. Some countries apply different rules. We therefore recommend that you contact the Embassy or Consulate of your destination for relevant current information.
It is vital that you ensure that your passport is legible and intact, any sign of damage could result in a refusal of carriage or entry into your country of destination. If you need additional information (in respect of the validity of your passport, time required to apply for a passport, renewal of an existing passport, regulations in respect of minors, lost or stolen passport,…), you can contact your Embassy or Consulate.
You should seek advice on any vaccinations and precautions that may be compulsory or recommended from a health professional – a doctor, practice nurse, pharmacist or travel health clinic – ideally at least 8 weeks before you travel. Further travel advice can be found on http://safetravel.ch (German and French) or http://www.cdc.gov/travel (English).
It is important that all travellers to the United States take note of the following:
A visa will be necessary for entry to the United States of America (USA) unless passengers are eligible under the Visa Waiver Program (VWP). Under certain conditions, the VWP allows holders of full Swiss Citizens Passports who have the right of abode in Switzerland to complete a Visa Waiver Form and submit this on arrival. You must ensure that you comply with all USA Government requirements as per the Visa Waiver Form before confirming your booking. You can refer to the US embassy website to check what is required for you: http://bern.usembassy.gov/
If you have a serious communicable disease of public health significance including HIV you are not eligible to travel the VWP and must possess a valid visa for entry into the United States. If you have ever been arrested or convicted for any reason in any country, even if the arrest did not lead to a conviction including driving offences, you may require a visa and should consult the US Embassy directly.

e) Pre-travel advice

The Federal Department of Foreign Affairs (FDFA) may have issued information about your holiday destination. FDFA regularly publishes information regarding countries where there exist dangers connected with political Security or other risks, such as medical and sanitary. You are advised to check whether or not such information has been issued by visiting
http://www.eda.admin.ch/eda/en/home.html (English)
http://www.eda.admin.ch/eda/de/home/travad.html (German)
http://www.eda.admin.ch/eda/fr/home/travad.html (French)
prior to travelling. Each country publishes its own holiday destination advises to which you can refer to depending on your nationality.

f) Booking your trip

When you use our website to make a booking, you may have to provide us with your credit card details in order to cover the full cost of your trip. You authorise us or an authorised third party to take payment for the total amount of your booking. Please note that you may be required to present a credit card at the time of check-in. For rental car, this is mandatory to present the credit card of the main driver at pick-up time.
The price of each product or service is regularly reviewed and may go up or down. Promotional or discounted offers on this site are provided at our discretion. All offers are subject to availability and may be withdrawn at any time.
When you make a booking, you guarantee that you have the authority to accept, and do accept the Sweet Paradise Tours terms and conditions on your behalf and on behalf of all members of your party and, further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every party member for whom you are making a booking.
It is your responsibility to ensure that any information which is given to you by us or any of our employees or suppliers is passed on to all members of your party. Any information which we give to you shall be deemed as given to each and every party member for whom you are making or have made a booking.

g) Methods of Payment

Payment by Credit Card
The customer indicates his credit card number, its expiry date and its CSC number (Card Security Code), when making the reservation.
It is the customer’s responsibility to provide Sweet Paradise Tours with a valid credit card (including correct number and ensuring it is still in date and with sufficient funds). If this is not provided, Sweet Paradise Tours cannot guarantee either the price of the booking or the booking itself.
In order to contribute to the credit card companies’ fees charged to Sweet Paradise Tours, a fixed amount is applied to each payment, except those realized through the Visa Debit Card. These fees do not concern bookings for which Sweet Paradise Tours is acting as an intermediary, whose total amount is fully debited by a third party. All such fees will be highlighted to you during the course of making your booking.
Some regular airlines also charge credit card fees. They will be charged directly by the airline and displayed during the booking process as well as on the final confirmation. These credit card fees are non-refundable.
For low cost carriers, the amount of this charge will be an estimate and will also be highlighted to you during the course of making your booking. All such fees will be included in the final price overview of the booking process. The final price will be stated also in the booking confirmation.

h) If something goes wrong whilst you are abroad

If a problem occurs whilst you are abroad, you must first inform the relevant supplier (e.g. hotel, car rental company, airline). If the supplier cannot resolve the problem to your satisfaction, you should contact us on 076 319 90 91 (within Switzerland) or +41 76 319 90 91 (outside Switzerland) so that we are given the opportunity to help.
If your complaint is not resolved at the time, you must notify us at the earliest opportunity and write within 28 days of your return to our Customer Service Department at Sweet Paradise Sàrl, P.O. Box 2, CH-1197 Prangins, Switzerland or by email to contact@sweetparadisetours.ch, quoting your original booking reference and giving all relevant information and necessary documents.
Failure to notify us within this time period may hinder our ability to resolve your complaint and/or investigate it fully and, as a consequence, any right to compensation that you may have could be prejudiced.

i) Our liability for your trip

Liability regarding merchant hotels (paragraph 1.a.2.i; contract between you and Sweet Paradise )
We accept the responsibility for ensuring that your accommodation only which we sell as a principal, which you book with us, is supplied as described on our website. If any part of your accommodation only is not as described and/or is not of a proper standard, due to the fault of our employees, agents or suppliers we will pay you reasonable compensation. We will not be liable to pay compensation for a deficiency in your accommodation only which does not result from any fault on our part or that of our suppliers, is attributable to you or arose from circumstances, which were unusual or unforeseeable, and neither we nor our suppliers (even if all due care had been exercised) could have anticipated or avoided. Our liability in such cases shall to the extent permitted by local law be limited to a maximum of twice the cost of your accommodation only and in calculating compensation for a deficiency in such booking we shall take into account all relevant factors including:
i) the price paid for accommodation only which we sell as a principal.
ii) any steps it was reasonable for you to take to minimise the inconvenience /damage which you experienced.
iii) the extent to which the deficiency or improper performance affected the enjoyment of the trip.
We accept responsibility for death, injury or illness caused by the acts and/or negligence of our employees, agents or our suppliers, whilst acting within the scope of, or in the course of, their employment.
If you are claiming a compensation because your accommodation only which we sell as a principal is not as described and/or is not of a proper standard, you must follow our complaints procedure described in paragraph 1.h).
Regarding the liability for packages (paragraph 1.a.4; contract between you and Sweet Paradise ), please refer to paragraph 6.g) below.
Liability for all other cases (paragraph 1.a.1. [contract for flight], 1.a.2 [retail hotel], 1.3 [contract for car]; contract between you and provider)
In all other cases, Sweet Paradise Tours acts only as a booking agent for the third party suppliers of your trip. We have no liability whatsoever if your trip is deficient and, in particular, our liability is excluded to the maximum extent permitted by law.

j) Important notices on limits of liability

In respect of international travel, our liability to you will be limited or excluded in the same manner provided by the relevant international conventions mentioned below. This means that our liability to you shall be limited to the actual engaged liability (if any) of the operating carrier or transport company which undertakes the relevant travel services.
Sweet Paradise Tours is recognised as an organiser for travel and holidays only and, as such, does not control or operate any airline, shipping company or rail company. When you travel, your journey may be subject to certain international conventions such as, but not limited to, the Warsaw convention and Montreal convention (in respect of international carriage by air), the Athens convention (in respect of international carriage by sea) or COTIF (The convention Concerning International Carriage by Rail), as such conventions are amended or re-enacted from time to time (the “Conventions”). You agree that these Conventions will apply to you on that journey.
You agree that the operating carrier or transport company’s own “Conditions of Carriage” will apply to you on that journey. When arranging this transportation for you, we rely on the terms and conditions and limits of liability contained within these international conventions and those “Conditions of Carriage”. You acknowledge that all of the terms and conditions contained in those “Conditions of Carriage” form part of your contract with us as well as the transport company and that those “Conditions of Carriage” shall be deemed to be included by reference into your contract. In addition, you can get copies of the operating carrier conditions on the relevant carrier website.

k) Events beyond our control

Except where otherwise expressly stated in these booking conditions we regret that we cannot accept liability or pay any compensation where the performance of our contractual obligations is prevented or affected by circumstances beyond our control as described below:
These include: unusual, unforeseeable or unavoidable events beyond our control, the consequences of which could not be avoided even if all due care has been exercised including but not limited to war, threat of war, riot, civil disobedience or strife, government action, terrorist activity, natural or industrial disaster, fire, adverse weather conditions, level of water in rivers or floods, closure of airports and may also include industrial dispute involving third parties, technical or maintenance problems or unforeseen operational decisions of air carriers such as changes of schedule or any failure in the information technology infrastructure (including but not limited to our website) or failure in internet connections.

l) Your behaviour

It is your responsibility to ensure that you and the members of your group do not behave in a way which is inappropriate or causes danger, distress, offence or damage to others or which risks damage to property belonging to others (including but not limited to drunkenness and air rage) whilst on your trip.
If, in our reasonable opinion or that of our suppliers, your behaviour is inappropriate and causes danger, distress, offence, or damage to others, or risks damage to property belonging to others, we and/or our suppliers (e.g. hotel managers, airline pilots) may take appropriate action in order to ensure the safety and comfort of our customers and their property and that of our suppliers, including terminating your trip, in which case our and our supplier’s responsibility to you will cease immediately and you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination. Further, you will be liable to reimburse us for any expenses we incur necessarily as a result of such termination.

m) Dispute resolution

Each reclamation shall be addressed to Sweet Paradise Sàrl. in written form within a delay of max. 30 days after the date of return. Exceeding this delay, Sweet Paradise Sàrl. reserves the right to not commence further steps.
Disputes arising out of or in connection with these terms and conditions which cannot be amicably settled may be referred to the ombudsman for the Swiss travel industry.

n) Changes to terms and conditions

We may amend these terms and conditions at any time without prior notice. If we do amend these terms and conditions, the amended terms will be effective when posted on this website and you are deemed to have accepted the relevant changes.

o) Special assistance

If you are disabled or incapacitated or of limited mobility or require special assistance for any reason, we require that you notify us at the time of making your booking. If these requirements change before your trip we can only accommodate you appropriately, if we were informed by you before your trip starts. We will not subsequently be liable to you for any losses you may incur in the event that we or our suppliers are unable to accommodate your requirements.

p) Weather

We cannot be held responsible for any disruption to your trip due to bad or unusual weather conditions.

q) Special requests

Please advise us of any special requests and we will pass these on to the relevant supplier. However, we cannot guarantee your special request as we do not have any direct control over the manner in which the services are provided.

r) Telephone calls

We reserve the right to randomly record telephone calls to ensure that our customer service is constantly reviewed. By accepting these terms and conditions, you accept and consent to this practice. In addition, It is possible that when Sweet Paradise Tours answers the phone, the following initial announcement will be made: “For training and quality purposes we may record your call.” These recordings will only be used for the purpose of controlling the quality of our customer service.

s) Promotion codes

A promotion code is your key to redeem discounts and to take advantage of sweetparadisetours.ch special offers. Please proceed as follows:
For the hotel offers:
Enter your promotion code either in the field “I have a promotion code” in the search booking or afterwards in the last booking step. In the first case, you start your hotel search after you entered your promotion code. All the hotels that participate in the discount action are marked with a purple icon “Promotion code eligible” on the result page then. After the selection of your hotel, the discount amount and the reduced total trip cost will be displayed on the page, as well as on all the following booking steps. If you missed to enter your promotion code at the beginning and therefore can only enter it on the last booking step, then click on “Apply and Reprice” afterwards. The total price will then be automatically recalculated. For more information on how to convert a promotion code, please click here.
For the hotel (+car) offers:
The promotion code can be entered only on the last booking step in the designated field. After you entered your promotion code, click on „Apply and Reprice“. The total price will then be automatically recalculated. For more information on how to convert a promotion code, please click here.

Each promotion code can only be used once per booking and must not exceed the value of the purchase price.

Info Message. Your are on the “Privacy Policy” page

Privacy Policy

This website is operated by Sweet Paradise Sàrl. (Commercial Register-No. CH-238.906.298), Route du Curson 14, CH-1197 Prangins Switzerland.
Your privacy is very important to Sweet Paradise Tours.
This Privacy Policy describes the principles and practices that apply to Personal Information (defined below) collected from users of our services (“you”) on our Website (defined below), in telephone or email communications, or in competitions or prizedraws.

Simply put:

  • We will not collect Personal Information without your knowledge and permission;
  • We will not knowingly disclose your Personal Information to third parties, except as provided in this Privacy Policy;
  • We will allow you to view, correct or remove your Personal Information; and
  • We will take reasonable steps to protect the security of the Personal Information we collect from you.

1. Use of cookies

A cookie is a small text file that is placed on your computer by websites that you visit, and a pixel tag is a request for an invisible graphic that may cause a cookie to be set. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the website.

Some web browsers automatically accept all cookies, but allow some control of most cookies through the browser settings. Other web browsers only accept certain types of cookies. You can instruct your browser, by editing its options, to stop accepting cookies or prompt you before accepting a cookie from the websites you visit. To learn more about cookies, including how to see what cookies have been set and how to manage and delete them, you can visit www.allaboutcookies.org.

If you decide not to accept our cookies or you decide to delete our cookies, you will be able to access certain parts of our Website, but you will not be able to access many of the Products and Services offered through our Website and you will not be able to book Products or Services offered through our Website.

The remainder of this policy describes our Personal Information handling practices in detail.

2. Definitions

In this Privacy Policy, terms that commence with a capital letter are defined in this section or in the preamble, as follows:
Guest” means an individual who can search and Purchase Products or Services on our Website without being a Member.
Member” means an individual who has registered with our Website. Members choose a Member ID and a password.
Member ID” means the email address Members use (with your password) to login to our Website.
Sweet Paradise Tours,” “us,” “our,” or “we” means Sweet Paradise Sàrl and its subsidiaries and group companies.
Personal Information” means any information, recorded in any form, which identifies an individual either on its own or when combined with other information which we hold on that individual, or which a third party holds on that individual and to which we could obtain access. This includes, for example, name, email and mailing address and telephone number, billing and account information, and other information incidental to providing Products or Services (including information about individuals travelling with you).
Products or Services” means the airline, travel, hotel accommodation, car rental, ground transportation, tours, attractions, travel insurance and other items available through our Website.
Purchase” means to book, reserve or purchase.
Sensitive Personal Information” means Personal Information which relates to an individual’s race, ethnicity, physical or mental health, political opinions, religious beliefs, sexual life, trade union membership, criminal offences or alleged offences.
Session Data” means usage information, such as the type of Internet browser and operating system an individual uses, the domain name of the site from which the individual came, the date, time and duration of the visit, number of visits, pages viewed and number of cookies accumulated, and in the case of the Sweet Paradise Tours mobile site and applications, also means the unique identifier of an individual’s mobile device, the type of mobile device the individual uses and the application version. This information is anonymous and does not identify individual visitors to our Website.
Website” means the www.sweetparadisetours.ch site, the m.sweetparadisetours.ch mobile site or the Sweet Paradise Tours mobile applications, and their respective sub sites, together with the respective content, Products and Services available from these sites and sub sites.
Subscriber” means an individual who elects to receive offers or promotions from Sweet Paradise Tours without becoming a Member or a Guest.

3. Consent

BY SUBMITTING PERSONAL INFORMATION TO US, AND/OR BY USING OUR WEBSITE, YOU AGREE THAT WE MAY COLLECT, USE AND DISCLOSE SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW.

WHERE YOU ARE PROVIDING PERSONAL INFORMATION OF A THIRD PARTY TO US, YOU CONFIRM THAT YOU HAVE OBTAINED CONSENT TO PROVIDE US WITH SUCH PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

If you do not agree with these terms, please do not use our Website or provide any Personal Information to us. You may withdraw your consent at any time. If you refuse or withdraw your consent, or if you choose not to provide us with any required Personal Information, we may not be able to provide you with Products or Services that can be offered on our Website only if we have access to certain Personal Information.

Minors
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use, or Purchase Products or Services on our Website directly.

Other Travellers or Contacts
If you Purchase Products or Services on behalf of a third party using your Member ID and password, or if you provide us with contact information of a third party at any time, you must make sure that you have the right to do so. By providing the Personal Information of a third party, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use and disclose his or her Personal Information as set forth in this Privacy Policy.

4. What Personal Information we collect

When you are just visiting
You can visit certain areas of our Website without revealing who you are or signing-in. When you visit our Website as a visitor, Guest or Member, we collect Session Data through cookies and pixel tags, as described above.

When you use the Sweet Paradise Tours mobile site or applications, you may search for Products and Services in the area in which you are located. If you choose to do so, depending on the mobile device or application you are using, we may collect your geo-location information to search for the applicable Products and Services or to personalize and improve your individual viewing experiences on our Website and provide information that may be of interest to you. You may at any time disable our collection and use of your location information by turning location services off at the device level.

When you register as a Member
When you register with us as a Member, we collect Personal Information that is necessary to provide the Products and Services. We require that you provide your name and email address. You also need to choose a password, which will be required to gain access to portions of our Website reserved for Member use. We might also request your home postcode.

You may elect to indicate your preferences for seat selection or meal requests, or provide details about your participation in loyalty or awards programs and applicable membership numbers, and other ticketing options. You may cancel your registration at any time.

When you Purchase Products or Services
When you Purchase Products or Services, you must provide payment or other necessary information. This includes, for example, name and address, billing information (such as credit card and account information), email address, telephone number, information on travel preferences (for example information on desired flight meals, necessary assistance during boarding), age, information about your membership or customer loyalty discount programs, dates for entry into other countries especially the United States of America (usually flight origin, flight destination, flight time, duration of flight, seat number, travel agency), driver information or similar information, as required by the travel service provider(s).

If you are using our Website as a Guest, you must also provide an email address, so that we can send you our welcome email and a confirmation of the Purchase. With the confirmation, we will provide you with a temporary password so that you can return to our Website if you wish to review information about your Purchase.

When you Purchase Products or Services for a third party
When you Purchase Products or Services for a third party using your Member ID and password, you must provide that third party’s name and contact information, and other information, as required by the travel service provider(s).

When you “Subscribe”
When you become a Subscriber, we collect your name and email address, so that you may receive offers or promotions from Sweet Paradise Tours without becoming a Member or Guest. You can cancel your subscription at any time.

When you participate in competitions and prizedraws
We may offer you the chance to win a variety of prizes by sponsoring competitions and prizedraws. If you choose to participate, we will collect Personal Information, such as your full name, email address or mailing address. If a third party administers the contest, your participation may be subject to that other party’s terms and conditions and privacy policy. Detailed information about these terms will be provided on the applicable form you will be asked to fill out.

When we advertise on third party websites
When you visit a website on which we advertise and click through our advertisement, we may place cookies on your computer or use pixel tags.

When you call or write to our Customer Service
When you call or write to our Customer Service, we collect contact information (name, phone number, mailing address or email address) and information about the relevant Purchase as necessary to assist you. For example, if you call for assistance with a pre-existing Purchase, or to make a Purchase, we may request your contact and billing information.

When we send emails or e-newsletters
When we send emails, e-newsletters or when you forward a promotion or search results to a third party, using the “Send to a Friend” feature, we may insert a pixel tag in the email. If you choose to use our “Send to a Friend” feature, we will send your friend a one-time e-mail about the applicable information. We do not permanently store the e-mail address of such individuals.

Information you volunteer
We may collect Personal Information you provide voluntarily to us in addition to that information we specifically request. By providing Personal Information about yourself that is not requested by us, you are providing your consent to us processing that Personal Information (including any Sensitive Personal Information you may provide) for the purposes of any requests, enquiries, complaints or purchases you may make from us. You can withdraw your consent at any time.

Sensitive Personal Information
We may collect Sensitive Personal Information about you to ensure that any preference(s) or disabilities you have can be properly accommodated, where required, as part of the purchased Products or Services. The Sensitive Personal Information collected can include details about your religious affiliation, food requests based on religious affiliation, health information or special access requirements. We are required to obtain your consent prior to collecting Sensitive Personal Information. Please do not provide any Sensitive Personal Information if you do not consent to us collecting and processing this information. However, bear in mind that your preference(s) or disabilities may not be properly accommodated for if this information is not provided. We will only process Sensitive Personal Information about you for this purpose and as otherwise set out in our Privacy Policy.

When you write a review or comment
If you submit a review or comment on our Website, you should be aware that any Personal Information you submit can be read, collected or used by other users. We are not responsible for the Personal Information you choose to submit in reviews or comments and such disclosure of Personal Information by you is strictly voluntary. If you wish to request the removal of your Personal Information that you submitted in a review or comment, you can do so by contacting us as indicated in Contact Information. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

5. How we use the information we collect

We use Personal Information in order to provide and enhance the Products or Services offered on our Website:

  • To record your travel preferences, to make reservations or acquire travel insurance on your behalf, or to communicate with you about your travel plans;
  • To issue invoices, administer accounts, collect and process payments;
  • To provide tips or guidance on how to use our Website, inform you of new features on our Website, or provide other information that may be of interest to users;
  • To personalize the service we provide to you, tailor your experience of our Website to suit your interests and to allow us to make more appropriate travel recommendations to you;
  • To send you emails, e-newsletters, personalized offers via direct messaging or other communications about our services, if you have subscribed to receive this information;
  • To manage our Website, diagnose technical problems, improve content, and allocate the resources of our systems so that your experience with our Website is as efficient as possible;
  • To process and track your transactions and to send you information about us and our group companies and business partners’ products and services and other information and materials that may be of interest to you but only if you have granted us permission to do so or we are otherwise able to do so under applicable law;
  • To send you surveys asking questions about your customer experience – sometimes we use third parties to administer such surveys;
  • To validate that we have provided you with the appropriate insurance, as applicable;
  • To develop, enhance, market, sell or provide Sweet Paradise Tours’ Products or Services, or those of companies with which we have a commercial relationship, but only if you have granted us permission to do so or we are otherwise able to do so under applicable law;
  • To investigate, detect and protect Sweet Paradise Tours and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activities;
  • To effect a corporate transaction, in connection with the sale, merger, spin-off, or other corporate reorganization of our corporation, where the information is provided to the new controlling entity in regular course of business;
  • To audit compliance with our policies and contractual obligations;
  • As permitted by, and to comply with, any legal or regulatory requirements or provisions; and/or
  • For any other purpose to which you consent.

Session Data
We use Session Data, collected through cookies and pixel tags, to better understand how our Website is navigated, how many visitors arrive at specific pages, the length and frequency of stays at our Website, the variety of searches of our Website’s database, the types of browsers and computer operating systems used by our visitors and the Internet Protocol addresses from which visitors connect to our Website. We also use this information to improve our Website content and ease of use, to personalize and improve your individual viewing experiences on our Website, and provide information that may be of interest to you.

Pixel Tags
We use pixel tags to monitor the open rate of our communications. This helps us understand the effectiveness of communications we send. We do not use this information for any other purpose.

Aggregated Information
Aggregated information is information, recorded in any form, about more than one individual, where the identity of the individual is not known, and cannot be inferred from the information. We may use aggregated information to describe our user base to current or potential partners, investors and advertisers; after a survey, to understand and respond to market needs and preferences; or to make recommendations to other users of our Website. For example, if users of our Website who have travelled to a particular destination told us that they had positive experiences at a hotel in that destination, we might recommend that hotel.

What we do NOT do
We do not and will not, at any time, request your credit card information, Member ID, login password, or national identification numbers in a non-secure or unsolicited email or telephone communication.

6. To whom we disclose Personal Information

We will not share your information with third parties except as described in our Privacy Policy. We do not sell your Personal Information to third parties for their promotional purposes.

We may disclose your Personal Information as follows:

  • To those travel service providers with which you make arrangements through our Website, for example, airlines, car rental, hotel, ground transportation or travel insurance. We provide them with the Personal Information needed to make and complete the purchase, booking, or reservation.
  • To organisations that perform services for you or on behalf of Sweet Paradise Tours, for example to provide customer service (including through our “live chat” feature), deliver tickets, ship items, process credit cards, submit email communications to you on our behalf, for research, marketing, data processing, data storage, to measure the use of our Website or to facilitate usage by a Visitor. We will share with these companies only that Personal Information which they need to work on our behalf. Some of these service providers may be located in countries outside the EEA. Your Personal Information will be provided to these organizations only if they agree to use such information solely for the purpose of providing services to Sweet Paradise Tours, and under the instructions of Sweet Paradise Tours, and with respect to that information, to act in a manner consistent with the relevant principles articulated in our Privacy Policy. Where transfers to such non-EEA entities occur, an adequate level of data protection will be ensured by either a Data Transfer Agreement in accordance with standard contractual clauses adopted by the European Commission on 5 February 2010 (Decision 2010/87/EC) or another legally acceptable method (Safe Harbor, Binding Corporate Rules).
  • To government or regulatory agencies that may be located outside the EEA, in order to comply with relevant legal or regulatory requirements or provisions, including but not limited to border control agencies.
  • We may collaborate with other companies to offer you additional Products or Services, for example, through promotions, competitions and prizedraws. We will share Personal Information with these other companies only if you have expressly permitted us to do so, or if we are permitted by law to do so.

Please note that there are circumstances where the use or disclosure of Personal Information may be justified or permitted, or where Sweet Paradise Tours may be obligated to disclose information without consent.

Security
In order to protect national security, and to ensure travel security, the United States Government and other governments may request access to passenger name records, which typically includes name, flight origin, flight destination, flight time, duration of flight, seat location, travel agent, form of payment, credit card numbers, travel itinerary, address, telephone number and meal requests. In response to such request, Sweet Paradise Tours and/or its providers will give access to all the information you provide at the time of making your reservation to the applicable government agencies of the countries to or from which you are travelling

7. How we retain and store Personal information

My Stuff
If you are an Sweet Paradise Tours Member, we combine your Personal Information in what we call “My Stuff”, which consists of “My Trips” and “My Account”. You can access My Stuff from the Homepage of our Website, after logging onto our Website as a registered Member. My Trips contains information about your current, cancelled, or past trips. My Account contains your name, email address, password, and departure city from which you usually travel. It may also contain other information so that you do not need to re-enter it each time you Purchase a Product or Service. For example, My Account may contain your billing information unless you tell us not to store it. It may also contain your preferences for seat selection or special meals, details about your participation in loyalty or awards programs and applicable membership numbers, and other travel preferences.

We also keep in My Account all other information that you have elected to provide us, such as gender, favourite activities and lifestyle preferences, and favourite destinations.

My Account also contains a listing of the emails, e-newsletters and other communications we offer to send, and that you have elected to receive or not.

You can access, modify, or delete this Personal Information from time to time, as described below.

Third Parties’ Personal Information
We will retain in your My Stuff folder the Personal Information of individuals for whom you have made reservations. You can access, modify, or delete these third parties’ Personal Information at any time, as described below.

Retention and storage
We will retain your Personal Information in our databases in accordance with our document management, retention and destruction policy and applicable laws. This period may extend beyond the end of your relationship with us, but it will be only as long as it is necessary for us to have sufficient information to respond to any issues that may arise later. For example, we may need or be required to retain information to allow you to obtain credit for a trip you Purchased but had to cancel. We may also need the retain certain information to prevent fraudulent activity; to protect ourselves against liability, permit us to pursue available remedies or limit any damages that we may sustain; or if we believe in good faith that a law, regulation, rule or guideline requires it.

Your Personal Information will be stored in secured locations, and on servers controlled by Sweet Paradise Tours, located either at our offices, or at the offices of our service providers, as described below. Such secured locations may be located in countries outside the EEA.

8. How we protect Personal Information

Sweet Paradise Tours employs physical, administrative and technical safeguards to help protect the confidentiality and integrity of Personal Information and to reduce the risk of loss, misuse, unauthorized access disclosure or modification of Personal Information. When Personal Information is sent to our service providers, we require, in our contracts with them, that they protect all Personal Information in a manner consistent with the principles articulated in our Privacy Policy.

If you choose to contact Sweet Paradise Tours through our Website, you should be aware that any information transmitted electronically via the World Wide Web might not be secure. Sweet Paradise Tours assumes no liability for the loss of any information that you transmit to us via the World Wide Web. If you choose to Purchase Products or Services using a credit card, or if you choose to search for Products and Services, through the Sweet Paradise Tours mobile applications, that are located near you and we collect your geo-location, we encrypt the transmission of that information using secure socket layer technology (SSL) with 128 bit encryption.

In communicating with you, we may send email as unencrypted plain text because we are aware that most Members, Guests or Subscribers cannot readily process encrypted email. This is done for your convenience, but with the security concern that, if misrouted or intercepted, it could be read more easily than encrypted email.

9. How to access, modify or delete your Personal Information

We endeavour to ensure that Personal Information is as accurate, complete and current, as necessary for the purposes for which we use that information. We encourage you to visit your My Stuff folder to review your Personal Information.

You can access your Personal Information in My Stuff, update it, correct it or modify it, as necessary. For example, you can change at any time your email address, preferred activities or preferred destinations, or your preferences for receiving or not receiving our emails, e-newsletters or instant messaging customized advertisements.

If you wish to modify or delete other Personal Information, you can do so by contacting us as indicated below. If you request that we remove all of the Personal Information or travel records stored in My Stuff, we will promptly do so, to the extent possible. Once required Personal Information is removed from My Stuff, however, you will not be able to use many of the services available on our Website to Members, unless you re-register. Please remember that we may not be able to honour your request if we are legally obligated to retain that information, or for other reasons, as described above.

10. Privacy

Opting-Out
As part of the Purchase or Member registration process, we give you the ability to receive via email or direct messaging information about our Products and Services, updates to our Website, customized advertisements and promotions that are targeted to your specific interest, such as flight specials, promotions and other travel opportunities available on our Website and/or sponsored by our travel service providers and advertisers. We send this information directly ourselves or via third party service providers. If you elect to receive these communications about our Website, we will send them to you. At any time, you may change which of the communications you wish to receive or not, by changing your preferences, as described above. In addition, in our emails and other communications, we will include instructions on how to unsubscribe and inform us of preferences if you decide you do not want to receive any future marketing or promotional emails from us. To opt-out of receiving the emails or communications of companies from which you have previously requested products or services, please contact them directly.

Monitoring
Sweet Paradise Tours may from time to time monitor and review any information transmitted or received through our Website, or through telephone or email communications, for quality assurance and training purposes. We reserve the right to censor, edit, remove, or prohibit the transmission or receipt of any information that Sweet Paradise Tours deems inappropriate, or in violation of our Terms and Conditions. During monitoring, the information may be examined, recorded or copied.

Links
For your convenience, our Website provides links to other websites. When you click on one of these links, you are leaving our Website and entering another website. We are not responsible for such third party websites. You should carefully review the privacy statements of any other websites you visit, because those privacy statements will apply to your visit to such other websites.

Social Plug-Ins
Our Website includes social plug-ins, such as the Facebook or Twitter button, and gives you the option to post information about your activities on our Website to your social media accounts. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social plug-ins are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing them.

11. Changes to our Privacy Policy

We may change or supplement our Privacy Policy from time to time. We may also undergo a change of ownership. We will post an appropriate notice of changes to our Privacy Policy and changes or ownership on our Website. Privacy Policy changes will apply to the information collected from the date we post the revised Privacy Policy to our Website. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on our Website prior to the change becoming effective.

12. Contact information

If you have any questions or concerns about (a) access to Personal Information, (b) the collection, use, management or disclosure of Personal Information, (c) our Privacy Policy or our information handling practices, or (d) with whom your Personal Information is shared, or if you need further assistance with respect to our Privacy Policy, you may contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.

Sweet Paradise Sàrl
P.O. Box 2
1197 Prangins
Switzerland
email. contact@sweetparadisetours.ch

Version: 21 December 2015.

Info Message. Your are on the “Site Terms of Use” page

Site Terms of Use

1. Information regarding the provider

This website is operated by Sweet Paradise Sàrl. (Commercial Register-No. CH-238.906.298), Registred at Route du Curson 14A, CH-1197 Prangins, Switzerland.

2. Use of the website, copyright and trademarks

By using this website you agree to be bound by the following terms and conditions.
The name sweetparadisetours.ch , the logo and all associated trade dresses and slogans are registered trademarks and company symbols of Sweet Paradise Tours or affiliated companies. All other names, logos and associated names of products or services, trade dresses and slogans used on this website are the trademarks of the respective owners. All rights are hereby acknowledged.
All copyright and other industrial property rights relating to the material found on this website, including HTML codes, text, photographs or other images appearing on our website, either belong to sweetparadisetours.ch or are licensed by the owner to sweetparadisetours.ch . If you wish to use information or contents shown on the sweetparadisetours.ch website, you must first request written consent from us or from the owner of the trademark rights, depending on the rights owner. You are not permitted to modify, copy, transmit, display, perform, publish, license or create derivative works of any software on this website or information which you receive through this website. Insofar as a copy or a transmission is expressly permitted, you may neither change nor delete the reference to the copyright or the name of the copyright owner.
Any reference on this website to products, services, processes, company symbols, trademarks or other third-party information represents neither a recommendation nor any form of support. Links to other websites which are not operated by us are for your convenience only. sweetparadisetours.ch is not responsible for these products, services, processes, company symbols, trademarks or other information made available by third parties. Insofar as we provide hyperlinks to such sites on our website, the content of such sites is not our own and we are also not connected with these operators. We do not check the content of linked pages.
You are not permitted to use the internet site for activities which represent a violation of the law, infringe third-party rights or breach the standards, requirements regarding contents or specifications of the responsible authorities. You may not use this site to annoy or offend third parties, to make defamatory statements about third parties or to put undue pressure on third parties. You will indemnify and hold us harmless from all claims, disputes, liability, claims for damages, costs and expenses which arise from the use of the website by you or by other persons using your login to “My Account” or “Dashboard” or using your password.
If Sweet Paradise Sàrl has not given you express authorization for the following uses or if you do not have the legal right, you may not:

  • use robots, spiders or other automatic devices or manual methods to check the contents of the sweetparadisetours.ch website and gain access to it;
  • use the sweetparadisetours.ch website for purposes other than bookings according to the rules;
  • make counterfeit, fraudulent or speculative bookings, or bookings with regard to an expected requirement;
  • convey the impression in any way that sweetparadisetours.ch supports your products or services;
  • place false or inapplicable information on our website;
  • publish or distribute over our website material which violates legislation and statutes, is threatening, offensive, constitutes defamatory statements, is obscene and indecent, incites hate, is pornographic or profane, or material which represents either a crime or an offence, constitutes liability according to civil law or breaches laws or incites their breach, or is illegal or in breach of contract for any other purpose;
  • use or access the Sweet Paradise Tours website in a manner that, to a reasonable observer, has a negative impact on the performance or functioning of the Sweet Paradise Tours website, on the computer system or network, or otherwise on the user or registered customer/user of the Sweet Paradise Tours website;
  • upload or transmit through the website contents, software or procedures or use the website in any other way in order to employ viruses, Trojans, worms, time bombs or other programs and procedures which interrupt or interpose the Sweet Paradise Tours website or the operation of the Sweet Paradise Tours website or the systems which Sweet Paradise Tours employs, or adopt measures in any other manner, which lead to an disproportionate load on our system or negatively affect third-party rights;
  • use or attempt to use software, routines or objects which prevent the operation of the Sweet Paradise Tours website or which create a disproportionate load on our system, or disguise or conceal the origin of information which is made available on the Sweet Paradise Tours website.

3. Accuracy of the information on our websites and availability

We publish information on these websites in good faith regarding its accuracy and check and update it regularly. However, we cannot guarantee the completeness or the accuracy of this information. We are unable to check and have not checked the accuracy of information which is made available by service providers such as airlines, hotels, cars, holidays rental, transfert, tours and we cannot check the accuracy of other information which is made available to us by third parties, such as weather and exchange rates. We cannot assume any liability with respect to third parties for errors or incompleteness on these websites. We can change, update or delete information on the Sweet Paradise Tours websites without prior notice. We are unable to guarantee either the uninterrupted availability of their websites or these accuracy or that information or data available on these websites are free from viruses or other damaging content
We give no guarantee or assurance with regard to the usability of the information, products or services on these websites for any purposes. The Sweet Paradise Tours websites are operated in their present form and only within the framework of actual availabilities. You are liable for any risks arising from the use of these websites. We are not liable for errors, omissions or misleading information and we exclude our liability by contract, to the extent legally permissible, in connection with such information.
All photographs which are used on these websites are for illustration only and are not true representations of actually available facilities, accommodation or other services, unless expressly stated.
The liability conditions of our General Terms and Conditions of Business shall otherwise apply.

4. Prices

The prices on this website are given in Swiss Francs. Prices can also be shown in a currency chosen by you, with the conversion rates updated on a daily basis. Prices can therefore change daily as they follow exchange rate movements. As soon as a booking is made, the exchange rate is then fixed and applies also to all further bookings or cancellations within this booking. We use PostFinance AG (Switzerland) Service, to determine the exchange rate to be applied to your booking.

5. Amendments

We can amend these terms and conditions at any time, without prior notice. Insofar as amendments are made, these shall apply upon publication on the website.

Info Message. Your are on the “Cancellation” page

CHANGE AND CANCELLATION

a) Change and cancellation – by you

All changes are subject to availability, limitations and restrictions of the relevant travel supplier.
Cancellations are subject to the general terms and conditions of the concerned Service Provider. As a general rule, these contracts cannot be modified or cancelled without payment of cancellation, modification or administrative fees.
The refundable portion of your booking price (if any) will be refunded to you and to the extent we are refunded by the travel supplier. We shall pass this refund onto you after deducting our cancellation fee.
In case of cancellation, the Sweet Paradise fees taken during booking process are not refunded.
If the change means that the cost of your booking has increased, if, for example, you wish to upgrade to a more expensive hotel, you will need to pay such extra costs. However, if the change means that the cost of your booking has reduced, you are not eligible for a refund of the difference from us.
If you wish to change or cancel any part of your booking, an Sweet Paradise administration fee will apply. As detailed in the relevant sections below:

  • Service

    Air
    Hotel
    Car

  • Sweet Paradise change fees

    50 CHF per adult and per child
    100 CHF per booking
    c.f. Sweet Paradise cancellation fees

  • Sweet Paradise cancellation fees

    50 CHF per adult and per child
    100 CHF per booking
    100 CHF per booking

The mentioned fees and all premiums paid for insurance arranged by us on your behalf are in all cases non-refundable.

1. Change and cancellation for hotels
Your chosen hotel will typically have its own cancellation policy per room which we will display to you on the trip details page before you book. Sweet Paradise Tours will charge you cancellation or change fees of CHF 100; the potential cancellation fee of the hotel partner may apply and charged to you separately. For any hotel booking change, Sweet Paradise Tours may also charge you a change fee of CHF 100. The credit card fees and all premiums paid for insurance arranged by us on your behalf are in all cases non-refundable.

2. Change and cancellation for cars
Your chosen car rental company has its own cancellation policy. On top of car company cancellation fee, Sweet Paradise will charge CHF 100.- cancellation or modification fee.
No refund is possible in the following cases:
a) If you miss to pick-up your car (no-show).
b) If you cancel within 48 hours prior the day of the car rental pick up.
c) If you return your car before the end of the reserved rental period.

The mentioned fees and all premiums paid for insurance arranged by us on your behalf are in all cases non-refundable.

3. Change and cancellation for packages
If you wish change or cancel any part of your package, individual product change and cancellation rules will apply (refer to above art. 2.a.1.2 and 2.a.1.3). In addition, changes and cancellations are subject to the general terms and conditions of the concerned Service Provider. As a general rule, these contracts cannot be modified or cancelled without payment of cancellation, modification or administrative fees. In case of a package including a low cost flight, the trip can neither be modified nor refunded. The mentioned fees and all premiums paid for insurance arranged by us on your behalf are in all cases non-refundable.

4. Change and cancellation for Sun Holidays packages
Cancellation and change fees are subject of Tour Operator rules and conditions.

5. Change and cancellation for insurances
After being sold, insurance cannot be cancelled anymore. The mentioned fees and all premiums paid for insurance arranged by us on your behalf are in all cases non-refundable.

b) Changes and cancellations – by us

Occasionally we may have to make changes to your booking. Most of these changes will be minor and we will advise you of the change as soon as we are able to before your journey commences. If there is a significant change, which is not due to an event beyond our control, you will be offered a choice of an alternative comparable trip (if available) or a refund. If the reason for the significant change to the booking is due to an event beyond our control (as described below) we will not be liable to offer you any compensation.
In case of a significant change regarding a package, you have the following options: You may accept the changes or you may withdraw from the contract. If you withdraw form the contract, you have the following options: You may get a full refund, or a package of equivalent or higher quality if we are able to provide them, or package of lower quality plus a refund of the difference in price.

In case of an important change for a package, you have the choice between the following options: you can accept the changes or break the contract. If you break the contract, the following options are possible: you can get a full refund or a package of same or better quality, or a package of fewer quality with a refund of the price difference.
Significant changes are normally regarded as:
i) A change in your resort area overseas;
ii) A change of accommodation to a lower classification than that which you have booked; or
iii) a price increase of more than ten percent.
In the unlikely event that your booking has to be cancelled, a full refund will be made of all monies (except insurance premiums) previously paid to us to the person/s who originally paid for the booking.
In the unlikely event that we have to cancel a package, you have the following options: You may get a full refund, or a package of equivalent or higher quality if we are able to provide it, or package of lower quality plus a refund of the difference in price.

c) No show

If you have a booking for any of our products or services, including car hire, accommodation and packages, but you do not show up to check-in, collect the car or otherwise do not avail yourself of such product or service, you will not be entitled to any refund from us.

d) Carrying proof of booking

You should ensure that you travel with your booking confirmations, e-tickets and any other travel documentation (including your passport) at all times. We will not be liable for any supplier not providing you with the booked product or service if you do not produce such documentation.

HOTELS AND ACCOMMODATION

a) Merchant/Retail hotels

We sell hotel reservations in two different ways:
i. as merchant hotels which we sell to you as principal – denoted on the website with ‘ Sweet Paradise recommends’ logo; Sweet Paradise will debit you for the total amount at time of booking.
ii. as retail hotels which we sell to you as agent, the he hotel will debit you at time of check-out.
For all retail hotels, we act as an agent on your behalf and Sweet Paradise will dispatch a confirmation invoice to you which shall confirm your booking with the hotel. The hotel will debit payment from you for the accommodation at the time of checkout. You will be advised of all such amounts during the booking process.

b) Star ratings

Star ratings are used to symbolise the overall quality, level of service, food standard and range of facilities available in any given hotel property. The criteria applied within each country will vary depending on the specific requirements established by the relevant issuing body and are provided to you for information purposes only. As the rating is not issued by Sweet Paradise , Sweet Paradise may not be held liable for the classification of any hotel facilities and are therefore no guarantee or warranty of any kind by Sweet Paradise .

c) Hotel facilities

For security reasons, at least one adult (min. 18 years old) must stay in each room which has been booked. In certain destinations the legal minimal age to stay in a hotel might be higher. Also, in certain countries, some local laws or customs may not allow a non married couple to share the same hotel room. Please read the detailed description of the hotel for other hotel policies applicable to your stay. In case of doubt please check with Sweet Paradise Sàrl or directly with the hotel. Sweet Paradise Sàrl cannot be made responsible in case the hotel does not accept the booking.

Please note that the hotels booked by us for you are not exclusive to Sweet Paradise. We are not responsible for any limitation in facilities because of other hotel guests or their activities. Sweet Paradise only displays the hotel information received from the hotel and does not take responsibility for hotel content (including images, facility listings, etc.) displayed on our website. Hotels may change facilities and property features without prior notice to Sweet Paradise or you and it is your responsibility to confirm facilities directly with the hotel at the time of travel.

d) Unavailability

Where we are unable to confirm the initial requested accommodation, we will contact you to inform you of the details of alternative accommodation or lack of availability. At that time you will have the option to accept the alternative accommodation or get a refund of the total monies paid to us by you for your original booking.

CAR HIRE

a) Minimum age

For most locations the minimum age is 25 (in USA, minimum age can be 18 or 21). In case of underage driver, the surcharge will depend on the size of car you hire and the location. All underage driver surcharges need to be paid locally to the supplier and are non refundable. You will be advised of this possibility during the booking process.

b) Maximum age

There are very few locations which have an upper age limit. These can vary from the age of 60 upwards. If you are over the age of 60 it is your responsibility to check with the rental supplier for eligibility. If you fail to check and you are over the age limit you may not be given the car.

c) Rental deposit

Rental agencies only accept credit cards for securing your deposit at the rental location. You must use a credit card and it must be the main driver’s credit card. Prepay credit cards and withdraw/debit cards (Switch, Aurore, Visa electron, Maestro, etc.) are not accepted. We will not be liable for any compensation or otherwise if you do not have a valid credit card with sufficient fund for deposit at the time of collecting your car and are refused rental by the supplier.

d) Driving licence

A valid driving licence is required for all drivers. The licence must be valid at the time of rental and remain valid throughout the rental period. We will not be liable for any compensation or otherwise if you fail to show a valid drivers licence to the supplier and are refused rental. Please note that for certain countries, you need an international driving licence in addition to your national country licence (both need to be presented at car pick-up). This is your responsibility to check if necessary.

e) Additional charges

Note that the rental company will be entitled to charge to your credit card any services used which were not included in the pre-paid voucher, such as petrol and/or additional driver, for example. You will be advised of this possibility during the booking process.
Contracted prices do not allow for refunds for un-used days and the rental company may charge an additional cost if the vehicle is returned before the established date if the new rental period represents a price change or is more expensive than the contracted price.
There will be an additional fee payable to the supplier when returning the vehicle to a city other than the city where the vehicle was collected. This so called “one way fee” needs to be paid on the spot to the car supplier display directly. You will be advised of this possibility during the booking process.

f) Price increases due to charges imposed by third parties

If our car suppliers’ costs are increased for any of the following reasons, you will be charged this extra amount at the time of your rental. As these are imposed by third parties on our car suppliers, this extra cost cannot be avoided. Such costs may be:
– Surcharge increases
– VAT (or other applicable sales tax) increases
You will be advised of this possibility during the booking process.

g) Excess waiver

Although our rates are fully inclusive there may be an excess to pay. This means in the event of an accident/damage or theft, the driver will be expected to pay an agreed on percentage share/participation of the claim. This can vary depending on the car you hire and the destination you are travelling to and the insurance coverage you chose.

h) Late return of your vehicle

The rental rate is calculated based on the return time agreed when picking up the vehicle. If the vehicle is kept longer than originally planned, you may have to pay an extra charge. You will be advised of this possibility during the booking process. Should you wish to extend the rental period, you should contact the rental company directly.

i) Rental agreement

The rental agreement is given to you to sign when you pick up your vehicle and will be subject to local law. This has all the information about your rental. It is your responsibility to check this document carefully before you sign it and keep a copy. Sweet Paradise will not be liable in relation to any breach of this agreement.

j) Child safety seats

Local laws may prescribe the use of Child safety Seats. In Switzerland, for example, children up to their 7th birthday must be restrained in a suitable seat, preferably in the rear of the vehicle. Children between 7 and 12 years must be restrained in a suitable seat or wear a seat belt. It is the responsibility of the driver of the vehicle to comply. The availability of Child safety Seats cannot be guaranteed by Sweet Paradise and fees for them are never included in the price offered by Sweet Paradise . The individual terms and conditions of the car supplier set out the charge for a child safety seat

PACKAGES

A package is a pre-arranged combination lasting more than 24 hours or including at least one over night stay and consisting of at least two of the following: (a) transport (b) accommodation or (c) another tourist service forming a significant part of your booking and those two or more components are sold to you as a whole at the same time by us at a total price. There is also a package in the sense of the former sentence if individual travel products and services are separately priced within the same package. The contract is in that case concluded between you and Sweet Paradise .
If you booked a package, the following special rules apply. These special rules overrule all other rules in these General Terms and Conditions insofar as such latter rules are inconsistent with the special rules. In all other respects, all other rules in these General Terms and Conditions remain valid.

a) Online package offers (Holiday Packages Act, art. 3)

We explicitly reserve the right to change the conditions of our online package offers. You will be explicitly advised of this reservation on the offering site. By proceeding with the booking process you are deemed to have been explicitly notified of this reservation.

b) Consumer information / Package Contract (Holiday Packages Act, art. 4-6)

Before concluding the contract, we will provide you with a written copy of the contractual terms, including the General Terms and Conditions and similar documents. We will inform you about the passport und visa requirements, if any, in particular the time necessary to procure these documents. We will inform you about the health requirements imposed by the authorities, if any.
In good time before you begin your holidays, we will inform you about the travel details, the details of our local representative or, if there is none, the details of a local authority that may help you in case of problems or, if there is none, an emergency phone number or an emergency contact person.
Our contract will in include all elements as prescribed by law (Holiday Packages Act, art. 6; http://www.admin.ch/ch/d/sr/c944_3.html)

c) Sun Holiday offers in Euro

The Sun Holiday offers of German touroperators are invoiced in Euro. The displayed price in Swiss Francs is only given as an indication and is based on the actual exchange rate. The final price to pay in Swiss Francs depends on the exchange rate applied by the issuing bank of your credit card, as well as on possible handling charges which may be deducted by your bank.

d) Change of Contract (Holiday Packages Act, art. 6)

In case of a significant change regarding a package we will inform you as soon as possible and indicate the effects on the price.
In case of a significant change regarding a package, you have the following options: You may accept the changes or you may withdraw from the contract. If you withdraw form the contract, you have the following options: You may get a full refund, or a package of equivalent or higher quality if we are able to provide them, or package of lower quality plus a refund of the difference in price.
Significant changes are normally regarded as:
i) A change in your resort area overseas; or
ii) A change of accommodation to a lower classification than that which you have booked
iii) a price increase of more than ten percent.
We shall absorb or retain amounts up to the equivalent of 2% of the package price as shown on your confirmatory invoice (excluding insurance premiums and/or amendment charges). Only variations in price in excess of 2% will be passed on to you or refunded to you as appropriate.
If you wish to change any part of your booking, an Sweet Paradise administration fee of CHF 50.- will apply. In addition, changes and cancellations are subject to the general terms and conditions of the concerned Service Provider. As a general rule, these contracts cannot be modified or cancelled without payment of cancellation, modification or administrative fees.

e) Cancellation (Holiday Packages Act, art. 11)

In the unlikely event that we have to chancel a package, you have the following options: You may get a full refund, or a package of equivalent or higher quality if we are able to provide it, or package of lower quality plus a refund of the difference in price.
If you wish cancel any part of your booking, an Sweet Paradise administration fee will apply (see paragraph 2.a). In addition, changes and cancellations are subject to the general terms and conditions of the concerned Service Provider. As a general rule, these contracts cannot be modified or cancelled without payment of cancellation, modification or administrative fees.

f) Complaints and compensating measures (Holiday Packages Act, art. 11)

If a problem occurs whilst you are abroad, you must first inform the relevant supplier (e.g. hotel, car rental company, airline). If the supplier cannot resolve the problem to your satisfaction, you should contact us on 076 319 90 91 (within Switzerland) or +41 76 319 90 91 (outside Switzerland) so that we are given the opportunity to help
If your complaint is not resolved at the time, you must notify us at the earliest opportunity and write within 28 days of your return to our Customer Service Department at Sweet Paradise Sàrl, P.O. Box 2, CH-1197 Prangins, Switzerland or by email to contact@sweetparadisetours.ch, quoting your original booking reference and giving all relevant information and necessary documents. According to the circumstances, you may get compensating measures (repetition of the trip) or compensation (price difference between the price paid and the amount the services were actually worth).

g) Liability (Holiday Packages Act, art. 14-16)

Subject to international conventions, Sweet Paradise is liable to consumers for bodily injury. In all other cases, our liability shall be limited to a maximum of twice the cost of your package unless the harm was intentional or due to gross negligence.
We are not liable for harm which was caused by lapses of the consumer, unforeseeable or unavoidable lapses of third parties who did not provide any service within package, force majeure, or events which were unforeseeable or unavoidable despite all due care of Sweet Paradise .
In case of cancellation, we are not liable for harm caused by force majeure or if the minimum number of participants required for the trip – which was known to the consumer – is not reached and Sweet Paradise cancels the trip no later than three weeks before the trip would have started.
In all other respects, we exclude liability as far as permitted by law.

h) Discount codes

Discount codes on Sun Holidays (packages) are only valid on bookings over CHF 500.

INSURANCES

Our travel provider insurance is Elvia. Elvia covers the costs of cancellation and of assistance in case of illness, accident or decease of the insured person, of his/her partner or of a member of the family on presentation of a medical certificate / official attestation. Elvia also offers a “Waiver excess of Cars” which covers the excess on damage or excess on theft of your rented vehicle.
For insurance policy, please refer here.
These insurances are valid only for a trip bought through Sweet Paradise Sàrl be it as Intermediary or as Tour Operator. Sweet Paradise Sàrl cannot be held responsible for costs incurred by a person who has not taken out an insurance policy. Sweet Paradise Sàrl therefore strongly recommend to any customer to select a travel insurance for his / her journeys.
The ebookers booking fees and the credit card fees are non-refundable.

GOVERNING LAW AND JURISDICTION

These booking terms and conditions shall be governed and construed in accordance with the material laws of Switzerland.
Any legal dispute against ebookers shall be submitted to the jurisdiction of the Courts of Geneva, Switzerland.
According to the Swiss Act on Forums art. 22, the judge at the domicile of the consumer may alternatively be competent.

PRINT COPIES OF THESE CONDITIONS ARE AVAILABLE ONLINE OR ON REQUEST FROM:
Sweet Paradise Sàrl
P.O. Box. 2
CH-1197 Prangins,
Switzerland

Info Message. Your are on the “Warsaw convention” page

Warsaw convention

Article 1
1. This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking

2. For the purposes of this Convention the expression “international carriage” means any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention.

3. A carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party.

Article 2
1. This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.

2. This Convention does not apply to carriage performed under the terms of any international postal Convention.

Chapter II – Documents of Carriage

Section I – Passenger Ticket

Article 3
1. For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars:-

(a) the place and date of issue;

(b) the place of departure and of destination;

(c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character;

(d) the name and address of the carrier or carriers;

(e) a statement that the carriage is subject to the rules relating to liability established by this Convention.

3. The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Convention which exclude or limit his liability.

Section II – Luggage Ticket

Article 4
1. For the carriage of luggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a luggage ticket

2. The luggage ticket shall be made out in duplicate, one part for the passenger and the other part for the carrier.

3. The luggage ticket shall contain the following particulars:-

(a) the place and date of issue;

(b) the place of departure and of destination;

(c) the name and address of the carrier or carriers;

(d) the number of the passenger ticket;

(e) a statement that delivery of the luggage will be made to the bearer of the luggage ticket;

(f) the number and weight of the packages;

(g) the amount of the value declared in accordance with Article 22(2);

(h) a statement that the carriage is subject to the rules relating to liability established by this Convention.

4. The absence, irregularity or loss of the luggage ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts luggage without a luggage ticket having been delivered, or if the luggage ticket does not contain the particulars set out at (d), (f) and (h) above, the carrier shall not be entitled to avail himself of those provisions of the Convention which exclude or limit his liability.

Section III – Air Consignment Note

Article 5
1. Every carrier of goods has the right to require the consignor to make out and hand over to him a document called an “air consignment note”; every consignor has the right to require the carrier to accept this document.

2. The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Article 9, be none the less governed by the rules of this Convention.

Article 6
1. The air consignment note shall be made out by the consignor in Three original parts and be handed over with the goods.

2. The first part shall be marked “for the carrier,” and shall be signed by the consignor. The second part shall be marked “for the consignee”; it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor after the goods have been accepted.

3. The carrier shall sign on acceptance of the goods.

4. The signature of the carrier may be stamped; that of the consignor may be printed or stamped.

5. If, at the request of the consignor, the carrier makes out the air consignment note, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.

Article 7
The carrier of goods has the right to require the consignor to make out separate consignment notes when there is more than one package.

Article 8
The air consignment note shall contain the following particulars:-

(a) the place and date of its execution;

(b) the place of departure and of destination;

(c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character;

(d) the name and address of the consignor;

(e) the name and address of the first carrier;

(f) the name and address of the consignee, if the case so requires;

(g) the nature of the goods;

(h) the number of the packages, the method of packing and the particular marks or numbers upon them;

(i) the weight, the quantity and the volume or dimensions of the goods;

(j) the apparent condition of the goods and of the packing;

(k) the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it;

(l) if the goods are sent for payment on delivery, the price of the goods, and, if the case so requires, the amount of the expenses incurred;

(m) (m) the amount of the value declared in accordance with Article 22 (2);

(n) the number of parts of the air consignment note;

(o) the documents handed to the carrier to accompany the air consignment note;

(p) the time fixed for the completion of the carriage and a brief note of the route to be followed, if these matters have been agreed upon;

(q) a statement that the carriage is subject to the rules relating to liability established by this Convention.

Article 9
If the carrier accepts goods without an air consignment note having been made out, or if the air consignment note does not contain all the particulars set out in Article 8(a) to (i) inclusive and (q), the carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability

Article 10
1. The consignor is responsible for the correctness of the particulars and statements relating to the goods which he inserts in the air consignment note.

2. 2. The consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the said particulars and statements.

Article 11
1. The air consignment note is prima facie evidence of the conclusion of the contract, of the receipt of the goods and of the conditions of carriage.

2. The statements in the air consignment note relating to the weight, dimensions and packing of the goods, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the goods do not constitute evidence against the carrier except so far as they both have been, and are stated in the air consignment note to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the goods.

Article 12
1. Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the goods by withdrawing them at the aerodrome of departure or destination, or by stopping them in the course of the journey on any landing, or by calling for them to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air consignment note, or by requiring them to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right.

2. If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith.

3. If the carrier obeys the orders of the consignor for the disposition of the goods without requiring the production of the part of the air consignment note delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air consignment note.

4. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the consignment note or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition.

Article 13
1. Except in the circumstances set out in the preceding Article, the consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air consignment note and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air consignment note.

2. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive.

3. If the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.

Article 14
The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract.

Article 15
1. Articles 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.

2. The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air consignment note.

Article 16
1. The consignor must furnish such information and attach to the air consignment note such documents as are necessary to meet the formalities of customs, octroi or police before the goods can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his agents.

2. The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.

Chapter III – Liability of the Carrier

Article 17
The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

Article 18
1. The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered luggage or any goods, if the occurrence which caused the damage so sustained took place during the carriage by air.

2. The carriage by air within the meaning of the preceding paragraph comprises the period during which the luggage or goods are in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever.

3. The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air.

Article 19
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods.

Article 20
1. The carrier is not liable if he proves that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.

2. In the carriage of goods and luggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation and that, I in all other respects, he and his agents have taken all necessary measures to avoid the damage.

Article 21
If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.

Article 22
1. In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125,000 francs. Where, in accordance with the law of the Court seised of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.

2. In the carriage of registered luggage and of goods, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery 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 actual value to the consignor at delivery.

3. As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger.

4. The sums mentioned above shall be deemed to refer to the French franc consisting of 65 ” milligrams gold of millesimal fineness 900. These sums may be converted into any national currency in round Figures

Article 23
Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention.

Article 24
1. In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Convention.

2. In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights.

Article 25
1. The carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the Court seised of the case, is considered to be equivalent to wilful misconduct.

2. Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any agent of the carrier acting within the scope of his employment.

Article 26
1. Receipt by the person entitled to delivery of luggage or goods without complaint is prima facie evidence that the same have been delivered in good condition and in accordance with the document of carriage.

2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of luggage and seven days from the date of receipt in the case of goods. In the case of delay the complaint must be made at the latest within fourteen days from the date on which the luggage or goods have been placed at his disposal.

3. Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid.

4. Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.

Article 27
In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his estate.

Article 28
1. An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the Court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court having jurisdiction at the place of destination.

2. Questions of procedure shall be governed by the law of the Court seised of the case.

Article 29
1. The right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

2. The method of calculating the period of limitation shall be determined by the law of the Court seised of the case.

Article 30
1. In the case of carriage to be performed by various successive carriers and falling within the definition set out in the third paragraph of Article 1, each carrier who accepts passengers, luggage or goods is subjected to the rules set out in this Convention, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision.

2. In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.

3. As regards luggage or goods, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.

Chapter IV – Provisions Relating to Combined Carriage

Article 31
1. In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.

2. Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air.

Chapter V – General and Final Provisions

Article 32
Any clause contained in the contract 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 goods arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28.

Article 33
Nothing contained in this Convention shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Convention

Article 34
This Convention does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an air carrier’s business.

Article 35
The expression “days” when used in this Convention means current days not working days.

Article 36
The Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall be sent by the Polish Government to the Government of each of the High Contracting Parties.

Article 37
1. This Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of Poland, which will notify the deposit to the Government of each of the High Contracting Parties.

2. As soon as this Convention shall have been ratified by five of the High Contracting Parties it shall come into force as between them on the ninetieth day after the deposit of the fifth ratification. Thereafter it shall come into force between the High Contracting Parties who shall have ratified and the High Contracting Party who deposits his instrument of ratification on the ninetieth day after the deposit.

3. It shall be the duty of the Government of the Republic of Poland to notify to the Government of each of the High Contracting Parties the date on which this Convention comes into force as well as the date of the deposit of each ratification.

Article 38
1. This Convention shall, after it has come into force, remain open for accession by any State.

2. The accession shall be effected by a notification addressed to the Government of the Republic of Poland, which will inform the Government of each of the High Contracting Parties thereof.

3. The accession shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland.

Article 39
1.Any one of the High Contracting Parties may denounce this Convention by a notification addressed to the Government of the Republic of Poland, which will at once inform the Government of each of the High Contracting Parties.

2.Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regards the Party who shall have proceeded to denunciation.

Article 40
1. Any High Contracting Party may, at the time of signature or of deposit of ratification or of accession declare that the acceptance which he gives to this Convention does not apply to all or any of his colonies, protectorates, territories under mandate, or any other territory subject to his sovereignty or his authority, or any territory under his suzerainty

2. Accordingly any High Contracting Party may subsequently accede separately in the name of all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority or any territory under his suzerainty which has been thus excluded by his original declaration.

3. Any High Contracting Party may denounce this Convention, in accordance with its provisions, separately or for all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority, or any other territory under his suzerainty.

Article 41
Any High Contracting Party shall be entitled not earlier than two years after the coming into force of this Convention to call for the assembling of a new international Conference in order to consider any improvements which may be made in this Convention. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference.

This Convention done at Warsaw on the 12th October, 1929, shall remain open for signature until the 31st January, 1930.

2 Additional Protocol
Additional Protocol (With reference to Article 2)

The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that the first paragraph of Article 2 of this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority.”

Info Message. Your are on the “Montreal convention” page

Montreal convention

CIVIL AVIATION

The Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002

Made 12th February 2002

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 12th day of February 2002

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been laid before Parliament and has been approved by a resolution of each House of Parliament, in accordance with section 8A of the Carriage by Air Act 1961[1] and section 4A of the Carriage by Air (Supplementary Provisions) Act 1962[2];

Whereas it appears to Her Majesty in Council that Her Majesty’s Government in the United Kingdom has agreed to a revision of the Warsaw Convention as amended at The Hague, 1955 comprising the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999[3];

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 8A of the Carriage by Air Act 1961 and section 4A of the Carriage by Air (Supplementary Provisions) Act 1962, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows –

Citation, commencement and effect

1. – (1) This Order may be cited as the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002.

(2) This Order shall come into force on the day the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999 comes into force or takes effect for the United Kingdom and the Secretary of State shall give notice of that day in the London, Edinburgh and Belfast Gazettes.

(3) Nothing in this Order shall affect rights and liabilities arising out of an occurrence which took place before the coming into force of this Order.

Amendments of the Carriage by Air Act 1961

2.The Carriage by Air Act 1961 is amended as follows.

(2) For section 1, substitute –

” Convention to have the force of law

1. – (1) The applicable provisions of the Carriage by Air Conventions have the force of law in the United Kingdom in relation to any carriage by air to which they apply, irrespective of the nationality of the aircraft performing that carriage.

(2) Subsection (1) does not apply in relation to Community air carriers to the extent that the provisions of the Council Regulation have the force of law in the United Kingdom.

(3) Subsection (1) is subject to the other provisions of this Act.

(4) If more than one of the Carriage by Air Conventions applies to a carriage by air, the applicable provisions that have the force of law in the United Kingdom are those of whichever is the most recent applicable Convention in force.

(5) The Carriage by Air Conventions are –

(a) the Convention known as “the Warsaw Convention as amended at The Hague, 1955” (“the Convention”);

(b) that Convention as further amended by Protocol No. 4 of Montreal, 1975 (“the Convention as amended”); and

(c) the Convention known as “the Montreal Convention 1999” (“the Montreal Convention”).

(6) “The applicable provisions” means –

(a) the provisions of the Convention set out in Schedule 1,

(b) the provisions of the Convention as amended set out in Schedule 1A, and

(c) the provisions of the Montreal Convention set out in Schedule 1B, so far as they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees and other persons.

(7) In this Act a reference to an Article of, or Protocol to, any of the Carriage by Air Conventions is a reference to that Article or Protocol as it appears in the Schedule in which it is set out.

(8) If there is any inconsistency between the text in English in Part I of Schedule 1 or 1A and the text in French in Part II of that Schedule, the French text shall prevail.”.

(3) In subsection (1) of section 2 (designation of High Contracting Parties) –

(a) for “the Convention or the Convention as amended” substitute “any of the Carriage by Air Conventions”; and

(b) for the words from “the Additional Protocol” to the end substitute ” –

(a) the Additional Protocol at the end of the Convention;

(b) the Additional Protocol at the end of the Convention as amended; or

(c) Article 57(a) of the Montreal Convention.”.

(4) After subsection (1) of that section, insert –

” (1A) Her Majesty may by Order in Council certify any revision of the limits of liability established under the Montreal Convention.”.

(5) For subsection (2) of that section substitute –

” (2) The provisions of the Carriage by Air Conventions mentioned in subsection (2A) shall not be read as extending references in the applicable provisions to the territory of a High Contracting Party (except such as are references to the territory of any State, whether a High Contracting Party or not) to include any territory in respect of which that High Contracting Party is not a party.

(2A) The provisions are –

(a) Article 40A(2) of the Convention;

(b) Article 40A(2) of the Convention as amended; and

(c) paragraph 1 of Article 56 of the Montreal Convention.”.

(6) In section 3 (fatal accidents), for “Article 17 in Schedule 1 or 1A to this Act” substitute

” –

(a) Article 17 of the Convention;

(b) Article 17 of the Convention as amended; or

(c) Article 17.1 of the Montreal Convention.”.

(7) For subsection (1) of section 4 (limitation of liability) substitute –

” (1) It is hereby declared that the limitations on liability in the applicable provisions mentioned in subsection (1A) apply whatever the nature of the proceedings by which liability may be enforced.

(1A) The provisions are –

(a) Article 22 of the Convention;

(b) Article 22 of the Convention as amended; and

(c) Articles 21 and 22 of the Montreal Convention.

(1B) The limitation for each passenger in –

(a) paragraph (1) of Article 22 of the Convention or of the Convention as amended, and

(b) Article 21 and paragraph (1) of Article 22 of the Montreal Convention, applies to the aggregate liability of the carrier in all proceedings which may be brought against him under the law of any part of the United Kingdom, together with any proceedings brought against him outside the United Kingdom.”.

(8) In subsection (2) of that section –

(a) for “the said Article 22” substitute “a provision mentioned in subsection (3A)”; and

(b) for “the provisions of the said Article 22” substitute “that provision”.

(9) In subsection (3) of that section, for “the said Article 22” substitute “a provision mentioned in subsection (3A)”.

(10) After subsection (3) of that section, insert –

” (3A) The provisions are –

(a) Article 22 of the Convention;

(b) Article 22 of the Convention as amended; and

(c) Articles 21, 22 and 44 of the Montreal Convention.”.

(11) In subsection (5) of that section – (a) after “Article 22” insert “of the Convention or of the Convention as amended”; and

(b) after “Article 25A” insert “of that Convention”.

(12) In section 4A (notice of partial loss), in subsection (1), for the words from the beginning to “shall”, where it first occurs, substitute “References to damage in the provisions mentioned in subsection (2)”.

(13) For subsection (2) of section 4A substitute –

” (2) The provisions are –

(a) Article 26(2) of the Convention;

(b) Article 26(2) of the Convention as amended; and

(c) Article 31(2) of the Montreal Convention.”.

(14) In section 5 (time for bringing actions), in subsection (1), for “the Convention or the Convention as amended relates” substitute “any of the Carriage by Air Conventions applies”.

(15) In subsection (2) of that section –

(a) for “Article 29 in Schedule 1 or 1A to this Act shall” substitute “The provisions mentioned in subsection (4)”; and

(b) for “the Convention or the Convention as amended” substitute “any of the Carriage by Air Conventions”. (16) In subsection (3) of that section, for the words from the beginning to “shall” substitute “Subsections (1) and (2) and the provisions mentioned in subsection (4)”.

(17) After subsection (3) of that section, insert –

(4) The provisions are –

(a) Article 29 of the Convention;

(b) Article 29 of the Convention as amended; and

(c) Article 35 of the Montreal Convention.

(5) If the Montreal Convention applies, “carrier” in this section includes an actual carrier as defined by Article 39 of that Convention.”.

(18) In section 6 (contributory negligence) –

(a) the existing provision becomes subsection (1); and

(b) for “Article 21 in Schedule 1 or 1A to this Act” substitute “the provisions mentioned in subsection (2)”.

(19) After subsection (1) of that section, insert –

” (2) The provisions are –

(a) Article 21 of the Convention;

(b) Article 21 of the Convention as amended; and

(c) Article 20 of the Montreal Convention.”.

(20) In section 7 (power to exclude aircraft in use for military purposes), for “Convention as set out in Schedule 1 or 1A” substitute “the applicable provisions”.

(21) For section 8 (action against High Contracting Parties) substitute – Actions against parties to Conventions.

8. – (1) Each party to a Carriage by Air Convention, for the purposes of any action brought in a court in the United Kingdom in accordance with a provision mentioned in subsection (5) to enforce a claim in respect of carriage undertaken by him, is deemed to have submitted to the jurisdiction of that court.

(2) Accordingly, rules of court may provide for the manner in which any such action is to be commenced and carried on.

(3) But nothing in this section shall authorise the issue of execution against the property of any party to a Carriage by Air Convention.

(4) Subsections (1) and (2) do not apply to a party to a Carriage by Air Convention who has availed himself, in relation to a provision mentioned in subsection (5), of –

(a) the Additional Protocol at the end of the Convention,

(b) the Additional Protocol at the end of the Convention as amended; or

(c) Article 57(a) of the Montreal Convention.

(5) The provisions are –

(a) Article 28 of the Convention;

(b) Article 28 of the Convention as amended;

(c) Articles 33 and 46 of the Montreal Convention.

(6) “Party” means –

(a) in relation to the Convention and the Convention as amended, a High Contracting Party; and

(b) in relation to the Montreal Convention, a State Party.”.

(22) In section 10 (application to carriage by air not governed by Convention) –

(a) for “Schedule 1 or 1A to this Act” substitute “the applicable provisions of any of the Carriage by Air Conventions”; and

(b) for “Convention or Convention as amended” substitute “Convention in question”.

(23) In section 11 (application to Scotland), in paragraph (b), for “Article 17 in Schedule 1 or 1A to this Act” substitute ” –

(a) Article 17 of the Convention,

(b) Article 17 of the Convention as amended, and

(c) Article 17.1 of the Montreal Convention,”.

(24) In section 14 (interpretation etc), for subsection (2) substitute –

” (2) in this Act –

“the applicable provisions” has the meaning, given in section 1(6);

“the Carriage by Air Conventions” has the meaning given in section 1(5);

“the Convention”, “the Convention as amended” and “the Montreal Convention” have the meaning given in section 1(5);

“the Council Regulation” means Council Regulation (EC) No. 2027/97 of 9th October 1997 on air carrier liability in the event of accidents[4] as it has effect in accordance with the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993[5] as amended by the Decision of the EEA Joint Committee No. 34/98 of 30th April 1998[6],

“Community air carrier” has the meaning given by Article 2 of the Council Regulation; and “court” includes (in an arbitration allowed by the Convention) an arbitrator.”.

(25) After Schedule 1A there shall be inserted, as Schedule 1B, the provisions set out in Schedule 1 to this Order.

(26) For Part II of Schedule 1A there shall be substituted the provisions in Schedule 2 to this Order.

Amendments of the Carriage by Air (Supplementary Provisions) Act 1962

3. – (1) The Carriage by Air (Supplementary Provisions) Act 1962 is amended as follows.

(2) In subsection (1) of section 3 (Application of provisions of Acts of 1961 and 1932) for “subsections (2) and (3)” substitute “subsection (3A)(a) and (b)”.

(3) In subsection (2) of that section after “carrier” insert “in a case where the Convention or the Convention as amended, as defined in section 1(5) of that Act, applies”.

A. K. Galloway

Clerk of the Privy Council

SCHEDULE 1

Article 2(25)

Provisions inserted, as Schedule 1B, in the Carriage by Air Act 1961

” SCHEDULE 1B

CONVENTION

FOR THE UNIFICATION OF CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR

THE STATES PARTIES TO THIS CONVENTION

RECOGNIZING the significant contribution of the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed in Warsaw on 12th October 1929, hereinafter referred to as the “Warsaw Convention”, and other related instruments to the harmonization of private international air law;

RECOGNISING the need to modernize and consolidate the Warsaw Convention and related instruments;

RECOGNISING the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution;

REAFFIRMING the desirability of an orderly development of international air transport operations and the smooth flow of passengers, baggage and cargo in accordance with the principles and objectives of the Convention on International Civil Aviation, done at Chicago on 7 December 1944;

CONVINCED that collective State action for further harmonization and codification of certain rules governing international carriage by air through a new Convention is the most adequate means of achieving an equitable balance of interests;

HAVE AGREED AS FOLLOWS:

Chapter I
General Provisions

Article 1 – Scope of Application
1. This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

2. For the purposes of this Convention, the expression international carriage means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two States Parties, or within the territory of a single State Party if there is an agreed stopping place within the territory of another State, even if that State is not a State Party. Carriage between two points within the territory of a single State Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Convention.

3. Carriage to be performed by several successive carriers is deemed, for the purposes of this Convention, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State.

4. This Convention applies also to carriage as set out in Chapter V, subject to the terms contained therein.

Article 2 – Carriage Performed by State and Carriage of Postal Items
1. This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.

2. In the carriage of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations.

3. Except as provided in paragraph 2 of this Article, the provisions of this Convention shall not apply to the carriage of postal items.

Chapter II
Documentation and Duties of the Parties Relating to the Carriage of Passengers, Baggage and Cargo

Article 3 – Passengers and Baggage
1. In respect of carriage of passengers, an individual or collective document of carriage shall be delivered containing:

(a) an indication of the places of departure and destination;

(b) if the places of departure and destination are within the territory of a single State Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place.

2. Any other means which preserves the information indicated in paragraph 1 may be substituted for the delivery of the document referred to in that paragraph. If any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so preserved.

3. The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage.

4. The passenger shall be given written notice to the effect that where this Convention is applicable it governs and may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay.

5. Non-compliance with the provisions of the foregoing paragraphs shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.

Article 4 – Cargo
1. In respect of the carriage of cargo, an air waybill shall be delivered.

2. Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the consignment and access to the information contained in the record preserved by such other means.

Article 5 – Contents of Air Waybill or Cargo Receipt

The air waybill or the cargo receipt shall include:

(a) an indication of the places of departure and destination;

(b) if the places of departure and destination are within the territory of a single State Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; and

(c) an indication of the weight of the consignment.

Article 6 – Document Relating to the Nature of the Cargo
The consignor may be required, if necessary to meet the formalities of customs, police and similar public authorities, to deliver a document indicating the nature of the cargo. This provision creates for the carrier no duty, obligation or liability resulting therefrom.

Article 7 – Description of Air Waybill
1. The air waybill shall be made out by the consignor in three original parts.

2. The first part shall be marked “for the carrier”; it shall be signed by the consignor. The second part shall be marked “for the consignee”; it shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the cargo has been accepted.

3. The signature of the carrier and that of the consignor may be printed or stamped.

4. If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.

Article 8 – Documentation for Multiple Packages
When there is more than one package:

(a) the carrier of cargo has the right to require the consignor to make out separate air waybills;

(b) the consignor has the right to require the carrier to deliver separate cargo receipts when the other means referred to in paragraph 2 of Article 4 are used.

Article 9 – Non-compliance with Documentary Requirements
Non-compliance with the provisions of Articles 4 to 8 shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.

Article 10 – Responsibility for Particulars of Documentation
1. The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in paragraph 2 of Article 4. The foregoing shall also apply where the person acting on behalf of the consignor is also the agent of the carrier.

2. The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf.

3. Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall indemnify the consignor against all damage suffered by it, or by any other person to whom the consignor is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other means referred to in paragraph 2 of Article 4.

Article 11 – Evidentiary Value of Documentation
1. The air waybill or the cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein.

2. Any statements in the air waybill or the cargo receipt relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo.

Article 12 – Right of Disposition of Cargo
1. Subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. The consignor must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses occasioned by the exercise of this right.

2. If it is impossible to carry out the instructions of the consignor, the carrier must so inform the consignor forthwith.

3. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt delivered to the latter, the carrier will be liable, without prejudice to its right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt.

4. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or cannot be communicated with, the consignor resumes its right of disposition.

Article 13 – Delivery of the Cargo
1. Except when the consignor has exercised its right under Article 12, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charges due and on complying with the conditions of carriage.

2. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.

3. If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract of carriage.

Article 14 – Enforcement of the Rights of Consignor and Consignee
The consignor and the consignee can respectively enforce all the rights given to them by Articles 12 and 13, each in its own name, whether it is acting in its own interest or in the interest of another, provided that it carries out the obligations imposed by the contract of carriage.

Articles 15 – Relations of Consignor and Consignee or Mutual Relations of Third Parties
1. Articles 12, 13 and 14 do not affect either the relations of the consignor and the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.

2. The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill or the cargo receipt.

Article 16 – Formalities of Customs, Police or Other Public Authorities
1. The consignor must furnish such information and such documents as are necessary to meet the formalities of customs, police and any other public authorities before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, its servants or agents.

2. The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.

Chapter III
Liability of the Carrier and Extent of Compensation for Damage

Article 17 – Death and Injury of Passengers – Damage to Baggage
1. The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

2. The carrier is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents.

3. If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.

4. Unless otherwise specified, in this Convention the term “baggage” means both checked baggage and unchecked baggage.

Article 18 – Damage to Cargo
1. The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air.

2. However, the carrier is not liable if and to the extent it proves that the destruction, or loss of, or damage to, the cargo resulted from one or more of the following:

(a) inherent defect, quality or vice of that cargo;

(b) defective packing of that cargo performed by a person other than the carrier or its servants or agents;

(c) an act of war or an armed conflict;

(d) an act of public authority carried out in connection with the entry, exit or transit of the cargo.

3. The carriage by air within the meaning of paragraph 1 of this Article comprises the period during which the cargo is in the charge of the carrier.

4. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. If, however, such carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. If a carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carriage by air, such carriage by another mode of transport is deemed to be within the period of carriage by air.

Article 19 – Delay
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.

Article 20 – Exoneration
If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that passenger. This Article applies to all the liability provisions in this Convention, including paragraph 1 of Article 21.

Article 21 – Compensation in Case of Death or Injury of Passengers
1. For damages arising under paragraph 1 of Article 17 not exceeding 100,000 Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability.

2. The carrier shall not be liable for damages arising under paragraph 1 of Article 17 to the extent that they exceed for each passenger 100,000 Special Drawing Rights if the carrier proves that:

(a) such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or

(b) such damage was solely due to the negligence or other wrongful act or omission of a third party.

Article 22 – Limits of Liability in Relation to Delay, Baggage and Cargo
1. In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 Special Drawing Rights.

2. In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggage 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 it proves that the sum is greater than the passenger’s actual interest in delivery at destination.

3. In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 17 Special Drawing Rights per kilogramme, 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 it proves that the sum is greater than the consignor’s actual interest in delivery at destination.

4. In the case of destruction, 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 destruction, 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, or the same receipt or, if they were not issued, by the same record preserved by the other means referred to in paragraph 2 of Article 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.

5. The foregoing provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment.

6. The limits prescribed in Article 21 and in this Article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.

Article 23 – Conversion of Monetary Units
1. The sums mentioned in terms of Special Drawing Right in this Convention shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion of the sums into national currencies shall, in case of judicial proceedings, be made according to the value of such currencies in terms of the Special Drawing Right at the date of the judgement. The value of a national currency, in terms of the Special Drawing Right, of a State Party which is a Member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund, in effect at the date of the judgement, for its operations and transactions. The value of a national currency, in terms of the Special Drawing Right, of a State Party which is not a Member of the International Monetary Fund, shall be calculated in a manner determined by that State.

2. Nevertheless, those States which are not Members of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 1 of this Article may, at the time of ratification or accession or at any time thereafter, declare that the limit of liability of the carrier prescribed in Article 21 is fixed at a sum of 1,500,000 monetary units per passenger in judicial proceedings in their territories; 62,500 monetary units per passenger with respect to paragraph 1 of Article 22; 15,000 monetary units per passenger with respect to paragraph 2 of Article 22; and 250 monetary units per kilogramme with respect to paragraph 3 of Article 22. This monetary unit corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These sums may be converted into the national currency concerned in round figures. The conversion of these sums into national currency shall be made according to the law of the State concerned.

3. The calculation mentioned in the last sentence of paragraph 1 of this Article and the conversion method mentioned in paragraph 2 of this Article shall be made in such manner as to express in the national currency of the State Party as far as possible the same real value for the amounts in Articles 21 and 22 as would result from the application of the first three sentences of paragraph 1 of this Article. States Parties shall communicate to the depositary the manner of calculation pursuant to paragraph 1 of this Article, or the result of the conversion in paragraph 2 of this Article as the case may be, when depositing an instrument of ratification, acceptance, approval of or accession to this Convention and whenever there is a change in either.

Article 24 – Review of Limits
1. Without prejudice to the provisions of Article 25 of this Convention and subject to paragraph 2 below, the limits of liability prescribed in Articles 21, 22 and 23 shall be reviewed by the Depositary at five-year intervals, the first such review to take place at the end of the fifth year following the date of entry into force of this Convention, or if the Convention does not enter into force within five years of the date it is first open for signature, within the first year of its entry into force, by reference to an inflation factor which corresponds to the accumulated rate of inflation since the previous revision or in the first instance since the date of entry into force of the Convention. The measure of the rate of inflation to be used in determining the inflation factor shall be the weighted average of the annual rates of increase or decrease in the Consumer Price Indices of the States whose currencies comprise the Special Drawing Right mentioned in paragraph 1 of Article 23.

2. If the review referred to in the preceding paragraph concludes that the inflation factor has exceeded 10 per cent, the Depositary shall notify States Parties of a revision of the limits of liability. Any such revision shall become effective six months after its notification to the States Parties. If within three months after its notification to the States Parties a majority of the States Parties register their disapproval, the revision shall not become effective and the Depositary shall refer the matter to a meeting of the States Parties. The Depositary shall immediately notify all States Parties of the coming into force of any revision.

3. Notwithstanding paragraph 1 of this Article, the procedure referred to in paragraph 2 of this Article shall be applied at any time provided that one-third of the States Parties express a desire to that effect and upon condition that the inflation factor referred to in paragraph 1 has exceeded 30 per cent since the previous revision or since the date of entry into force of this Convention if there has been no previous revision. Subsequent reviews using the procedure described in paragraph 1 of this Article will take place at five-year intervals starting at the end of the fifth year following the date of the reviews under the present paragraph.

Article 25 – Stipulation on Limits
A carrier may stipulate that the contract of carriage shall be subject to higher limits of liability than those provided for in this Convention or to no limits of liability whatsoever.

Article 26 – Invalidity of Contractual Provisions
Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention.

Article 27 – Freedom to Contract
Nothing contained in this Convention shall prevent the carrier from refusing to enter into any contract of carriage, from waiving any defences available under the Convention, or from laying down conditions which do not conflict with the provisions of this Convention.

Article 28 – Advance Payments
In the case of aircraft accidents resulting in death or injury of passengers, the carrier shall, if required by its national law, make advance payments without delay to a natural person or persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons. Such advance payments shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.

Article 29 – Basis of Claims
In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. In any such action, punitive, exemplary or any other non-compensatory damages shall not be recoverable.

Article 30 – Servants, Agents – Aggregation of Claims
1. If an action is brought against a servant or agent of the carrier arising out of damage to which the Convention relates, such servant or agent, if they prove that they acted within the scope of their employment, shall be entitled to avail themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under this Convention.

2. The aggregate of the amounts recoverable from the carrier, its servants and agents, in that case, shall not exceed the said limits.

3. Save in respect of the carriage of cargo, the provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.

Article 31 – Timely Notice of Complaints
1. Receipt by the person entitled to delivery of checked baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage or with the record preserved by the other means referred to in paragraph 2 of Article 3 and paragraph 2 of Article 4.

2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his or her disposal.

3. Every complaint must be made in writing and given or dispatched within the times aforesaid.

4. If no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part.

Article 32 – Death of Person Liable
In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his or her estate.

Article 33 – Jurisdiction
1. An action for damages must be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before the court of the domicile of the carrier or of its principal place of business, or where it has a place of business through which the contract has been made or before the court at the place of destination.

2. In respect of damage resulting from the death or injury of a passenger, an action may be brought before one of the courts mentioned in paragraph 1 of this Article, or in the territory of a State Party in which at the time of the accident the passenger has his or her principal and permanent residence and to or from which the carrier operates services for the carriage of passengers by air, either on its own aircraft, or on another carrier’s aircraft pursuant to a commercial agreement, and in which that carrier conducts its business of carriage of passengers by air from premises leased or owned by the carrier itself or by another carrier with which it has a commercial agreement.

3. For the purposes of paragraph 2,

(a) “commercial agreement” means an agreement, other than an agency agreement, made between carriers and relating to the provision of their joint services for carriage of passengers by air;

(b) “principal and permanent residence” means the one fixed and permanent abode of the passenger at the time of the accident. The nationality of the passenger shall not be the determining factor in this regard.

4. Questions of procedure shall be governed by the law of the court seised of the case.

Article 34 – Arbitration
1. Subject to the provisions of this Article, the parties to the contract of carriage for cargo may stipulate that any dispute relating to the liability of the carrier under this Convention shall be settled by arbitration. Such agreement shall be in writing.

2. The arbitration proceedings shall, at the option of the claimant, take place within one of the jurisdictions referred to in Article 33.

3. The arbitrator or arbitration tribunal shall apply the provisions of this Convention.

4. The provisions of paragraphs 2 and 3 of this Article shall be deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall be null and void.

Article 35 – Limitation of Actions
1. The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

2. The method of calculating that period shall be determined by the law of the court seised of the case.

Article 36 – Successive Carriage
1. In the case of carriage to be performed by various successive carriers and falling within the definition set out in paragraph 3 of Article 1, each carrier which accepts passengers, baggage or cargo is subject to the rules set out in this Convention and is deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under its supervision.

2. In the case of carriage of this nature, the passenger or any person entitled to compensation in respect of him or her can take action only against the carrier which performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.

3. As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.

Article 37 – Right of Recourse against Third Parties
Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.

Chapter IV
Combined Carriage

Article 38 – Combined Carriage
1. In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention shall, subject to paragraph 4 of Article 18, apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.

2. Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air.

Chapter V

Carriage by Air Performed by a Person other than the Contracting Carrier

Article 39 – Contracting Carrier – Actual Carrier
The provisions of this Chapter apply when a person (hereinafter referred to as “the contracting carrier”) as a principal makes a contract governed by this Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor, and another person (hereinafter referred to as “the actual carrier”) performs, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is not with respect to such part a successive carrier within the meaning of this Convention. Such authority shall be presumed in the absence of proof to the contrary.

Article 40 – Respective Liability of Contracting and Actual Carriers
If an actual carrier performs the whole or part of carriage which, according to the contract referred to in Article 39, is governed by this Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Chapter, be subject to the rules of this Convention, the former for the whole of the carriage contemplated in the contract, the latter solely for the carriage which it performs.

Article 41 – Mutual Liability
1. The acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier.

2. The acts and omissions of the contracting carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the amounts referred to in Articles 21, 22, 23 and 24. Any special agreement under which the contracting carrier assumes obligations not imposed by this Convention or any waiver of rights or defences conferred by this Convention or any special declaration of interest in delivery at destination contemplated in Article 22 shall not affect the actual carrier unless agreed to by it.

Article 42 – Addressee of Complaints and Instructions
Any complaint to be made or instruction to be given under this Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, instructions referred to in Article 12 shall only be effective if addressed to the contracting carrier.

Article 43 – Servants and Agents
In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under this Convention to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordance with this Convention.

Article 44 – Aggregation of Damages
In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to that person.

Article 45 – Addressee of Claims
In relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option of the plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seised of the case.

Article 46 – Additional Jurisdiction
Any action for damages contemplated in Article 45 must be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before a court in which an action may be brought against the contracting carrier, as provided in Article 33, or before the court having jurisdiction at the place where the actual carrier has its domicile or its principal place of business.

Article 47 – Invalidity of Contractual Provisions
Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Chapter.

Article 48 – Mutual Relations of Contracting and Actual Carriers
Except as provided in Article 45, nothing in this Chapter shall affect the rights and obligations of the carriers between themselves, including any right of recourse or indemnification.

Chapter VI
Other Provisions

Article 49 – Mandatory Application
Any clause contained in the contract of 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.

Article 50 – Insurance
States Parties shall require their carriers to maintain adequate insurance covering their liability under this Convention. A carrier may be required by the State Party into which it operates to furnish evidence that it maintains adequate insurance covering its liability under this Convention.

Article 51 – Carriage Performed in Extraordinary Circumstances
The provisions of Articles 3 to 5, 7 and 8 relating to the documentation of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of a carrier’s business.

Article 52 – Definition of Days
The expression “days” when used in this Convention means calendar days, not working days.

Chapter VII
Final Clauses

Article 53 – Signature, Ratification and Entry into Force
2. . . . For the purpose of this Convention, a “Regional Economic Integration Organisation” means any organisation which is constituted by sovereign States of a given region which has competence in respect of certain matters governed by this Convention and has been duly authorized to sign and to ratify, accept, approve or accede to this Convention. A reference to a “State Party” or “States Parties” in this Convention, otherwise than in paragraph 2 of Article 1, paragraph 1(b) of Article 3, paragraph (b) of Article 5, Articles 23, 33, 46 and paragraph (b) of Article 57, applies equally to a Regional Economic Integration Organisation. For the purpose of Article 24, the references to “a majority of the States Parties” and “one-third of the States Parties” shall not apply to a Regional Economic Integration Organisation.

Article 55 – Relationship with other Warsaw Convention Instruments
This Convention shall prevail over any rules which apply to international carriage by air:

1. between States Parties to this Convention by virtue of those States commonly being Party to:

(a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 (hereinafter called the Warsaw Convention);

(b) the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929, Done at The Hague on 28 September 1955 (hereinafter called The Hague Protocol);

(c) 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, signed at Guadalajara on 18 September 1961 (hereinafter called the Guadalajara Convention);

(d) the Protocol 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 Signed at Guatemala City on 8 March 1971 (hereinafter called the Guatemala City Protocol);

(e) Additional Protocol Nos. 1 to 3 and Montreal Protocol No. 4 to amend the Warsaw Convention as amended by The Hague Protocol or the Warsaw Convention as amended by both The Hague Protocol and the Guatemala City Protocol Signed at Montreal on 25 September 1975 (hereinafter called the Montreal Protocols); or

2. within the territory of any single State Party to this Convention by virtue of that State being Party to one or more of the instruments referred to in sub-paragraphs (a) to (e) above.

Article 57 – Reservations
No reservation may be made to this Convention except that a State Party may at any time declare by a notification addressed to the Depositary that this Convention shall not apply to:

(a) international carriage by air performed and operated directly by that State Party for non-commercial purposes in respect to its functions and duties as a sovereign State; and/or

(b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.

[Paragraphs 53 (save for part of paragraph 2), 54 and 56 and the concluding words of the Convention are not reproduced. They deal with signature, ratification, coming into force, denunciation and territorial extent where a State has more than one system of law]”

SCHEDULE 2
EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Carriage by Air Act 1961 to give the Montreal Convention 1999 the force of law in the United Kingdom for the international carriage by air to which it relates (article 2). It makes consequential amendment to the Carriage by Air (Supplementary Provisions) Act 1962 (article 3).

It comes into effect when both the United Kingdom has ratified the Convention and the Convention has entered into force internationally. This date is to be notified in the London, Edinburgh and Belfast Gazettes by the Secretary of State (article 1(2)).

For Community air carriers the application of section 1 of the 1961 Act is disapplied to the extent that Council Regulation 2027/97 has the force of law in the United Kingdom (article 2(2)).

The Warsaw Convention as amended at the Hague and that Convention as amended by Protocol No. 4 of Montreal, 1975 continue to have the force of law in the United Kingdom for the international carriage by air to which they relate (article 2(2)).

The principal amendments are as follows.

A number of provisions of the 1961 Act are amended so that they apply to the Montreal Convention 1999 as it has force in the United Kingdom in the same manner they apply to the other Conventions mentioned above as they have such force (article 2).

Those provisions are sections 2 (Designation of High Contracting Parties), 3 (Fatal Accidents), 4 Limitation of Actions), 4A (Notice of Partial loss), 5 (Time for bringing proceedings), 6 Contributory negligence), 7 Power to exclude aircraft in use for military purposes), 8 (Actions against High Contracting Parties), 10 (Application to carriage by air not governed by Convention) and 11 (Application to Scotland).

Power is conferred on Her Majesty by Order in Council to certify any revision of the limits of liability established under the Montreal Convention (article 2(4)). Such revision may be accomplished under article 24 of that Convention.

The Order also substitutes the French language version of the Warsaw Convention as amended at the Hague and by Montreal Protocol No. 4 with a revised French language version which corrects a number of minor translation and typographical errors (article 2(26)).

A regulatory impact assessment has been prepared in connection with this Order. It has been placed in the libraries of each of the Houses of Parliament. Copies can be obtained from the Multilateral Division of the Aviation Directorate, Zone 1/27, Department of Transport, Local Government and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR (telephone 020 7944 5893).