Home Content Chapter 3 International Convention
for the Unification of Certain Rules Relating to
Damage Caused by Aircraft to Third Parties on the Surface,
Rome, 29th May, 1933*ARTICLE 1
The High Contracting Parties agree to take the necessary measures to give effect to the rules established by this Convention.
ARTICLE 2
(1) Damage caused by an aircraft in flight to persons or property on the surface gives a right to compensation on proof only that the damage exists and that it is attributable to the aircraft.
(2) The above provision includes—
(a) damage caused by an object of any kind falling from the aircraft, even in the event of the proper discharge of ballast or of jettison made in case of necessity;
(b) damage caused by any person on board the aircraft, save in the case of an act unconnected with the management of the aircraft committed intentionally by a person not being a member of the crew, and without the operator or his servants or agents having been able to prevent it.
(3) The aircraft is deemed to be in flight from the beginning of the operations of departure until the end of the operations of arrival.
ARTICLE 3
The liability imposed by the preceding article can be diminished or set aside only if the damage has been caused or contributed to by the negligence of the injured party.
ARTICLE 4
(1) The liability imposed by Article 2 falls on the operator of the aircraft.
(2) By the term operator of the aircraft is meant any person who has the aircraft at his disposal and who makes use thereof for his own account.
(3) If the name of the operator is not inscribed in the aeronautical register or on some other official document, the owner is deemed to be the operator until proof to the contrary.
ARTICLE 5
Any person who, without having the aircraft at his disposal, has made use thereof without the consent of the operator is liable for any damage caused, and where the operator has not taken all proper steps to prevent the unlawful use of his aircraft he and the said person are jointly and severally liable, the liability of each being subject to the conditions and limitations of this Convention.
ARTICLE 6
In case of damage caused on the surface by two or more aircraft which have been in collision, the operators of such aircraft are jointly and severally liable to third parties suffering damage, the liability of each operator being subject to the conditions and limitations of this Convention.
ARTICLE 7
The preceding provisions are without prejudice to the question whether or not the operator of the aircraft may have a right of recourse against the author of the damage.
ARTICLE 8
(1) The operator is liable for each occurrence up to an amount determined at the rate of 250 francs for each kilogramme of the weight of the aircraft. By the weight of the aircraft is meant its weight with total maximum load as indicated in the certificate of airworthiness or any other official document.
(2) Nevertheless the limit of the operator’s liability shall not be less than 600,000 francs, nor greater than 2,000,000 francs.
(3) One-third of the amount of the maximum liability so determined shall be appropriated to compensation for damage caused to property, and the other two-third to compensation for damage caused to persons, provided that in the latter case the compensation payable shall not exceed 200,000 francs in respect of each person injured.
ARTICLE 9
If several persons have suffered damage in the same occurrence and if the total sum payable by way of compensation exceeds the limits fixed in Article 8, the compensation due to each of such persons shall be reduced proportionately so that the total does not exceed the above-mentioned limits.
ARTICLE 10
(1) Persons who have suffered damage in the same occurrence must enforce their rights or notify their claims to the operator within a period of six months at most from the date of the occurrence.
(2) At the expiry of this period the settlement of the amounts payable by way of compensation may properly be proceeded with; any interested parties who have allowed the period in question to expire without enforcing their rights or notifying their claims shall only be able to exercise their rights against the amount which has not been distributed.
ARTICLE 11
If several injured parties take proceedings under the provisions of the preceding articles and of Article 16 before tribunals situated in different countries, the defendant may, before each of such tribunals, give evidence of the total amount of the claims and liabilities, in order that the limits of his liability may not be exceeded.
ARTICLE 12
(1) Every aircraft registered in the territory of a High Contracting Party shall, for the purpose of flying above the territory of another High Contracting Party, be insured, within the limits fixed by Article 8, in respect of the damages to which this Convention relates with a State insurance institution or with an insurer authorised in the territory in which the aircraft is registered to undertake such risk.
(2) The Municipal law of each High Contracting Party may in whole or in part substitute for insurance another guarantee against the risks to which this Convention relates:—
(a) in the form of a deposit of money made with a State institution or with a bank authorised for that purpose in the territory in which the aircraft is registered;
(b) in the form of a guarantee given by a bank authorised for that purpose in the territory in which the aircraft is registered.
Any such deposit of money or bank guarantee must be made up to the full amount as soon as the sums which it represents are liable to be diminished by a payment of compensation.
(3) The indemnity by way of insurance, the deposit of money and the bank guarantee must be appropriated specifically and preferentially to the payment of compensation due in respect of the damages to which this Convention relates.
ARTICLE 13
(1) The nature, scope and duration of the securities mentioned in Article 12 shall be vouched either by an official certificate or by an official entry in one of the documents carried on board the aircraft. This certificate of document must be produced on the demand of a public authority or of any interested person.
(2) The above-mentioned certificate or document shall be evidence of the position of the aircraft in relation to the obligations of this Convention.
ARTICLE 14
The operator may not avail himself of the provisions of this Convention limiting his liability—
(a) if it is proved that the damage results from the gross negligence (“faute lourde”) or wilful misconduct (“dol”) of the operator, or his servants or agents, except where the operator proves that the damage results from negligence in the pilotage, handling or navigation of the aircraft, or, where his servants or agents are concerned, that he has taken all proper steps to prevent the damage;
(b) if he has not furnished one of the securities prescribed by this Convention, or if the securities furnished are not valid or do not cover the liability of the operator for the damage caused under the conditions and within the limitations of this Convention.
ARTICLE 15
Where the operator of several aircraft furnishes the security prescribed by this Convention in the form of a deposit of money or of a bank guarantee, the security shall be considered as covering the full limit of his liability in respect of all the aircraft operated, if the deposit or guarantee amounts to a sum determined by reducing the total amount of the security which he would otherwise have to furnish in respect of all his aircraft by one-third, if he operates two aircraft, and by one-half if he operates three or more aircraft. The security shall, moreover, be deemed to cover the full liability of the operator for all his aircraft if it amounts to the sum of 2,500,000 francs for two aircraft, or 3,000,000 francs for three or more aircraft.
ARTICLE 16
In the territory of each of the High Contracting Parties the judicial authorities of the defendant’s ordinary place of residence, and those of the place where the damage was caused, are at the plaintiff’s choice (and without prejudice to any direct action on the part of the injured third party against the insurer in all cases where such direct action lies) competent to entertain actions for damages.
ARTICLE 17
(1) The above-mentioned actions are subject to a period of limitation of one year from the date of the damage. If the injured party shows that he could not have had knowledge of the damage, or of the identity of the person liable, the period of limitation runs as from the date on which he might have had such knowledge.
(2) In all cases the action is subject to a period of limitation of three years from the date on which the damage was caused.
(3) The method of calculating the period of limitation as well as the grounds for the suspension or interruption of that period are determined by the law of the tribunal seised.
ARTICLE 18
In the event of the death of the person liable, an action in respect of the liability within the limits prescribed by this Convention lies against those legally representing his estate.
ARTICLE 19
The sums given in francs in this Convention refer to the French franc, consisting of 65 ½ milligrammes of gold of millesimal fineness 900. These sums may be converted into the national currency in round figures.
ARTICLE 20
(1) This Convention is applicable in all cases where damage is caused on the surface in the territory of one High Contracting Party by an aircraft registered in the territory of another High Contracting Party.
(2) The expression “territory of a High Contracting Party”, for the purposes of this Convention, includes every territory under the sovereignty, suzerainty, protectorate, mandate or authority of that High Contracting Party in respect of which the latter is a party to the Convention.
ARTICLE 21
This Convention does not apply to military, customs or police aircraft.
ARTICLE 22
This Convention does not apply to damage caused on the surface, compensation for which is governed by a contract of carriage, or a contract of employment concluded between the injured person and the person upon whom liability falls under the terms of this Convention.
ARTICLE 23
This Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of the Kingdom of Italy, and of which a certified true copy shall be transmitted by the Government of the Kingdom of Italy to each of the interested Governments.
ARTICLE 24
(1) This Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of the Kingdom of Italy, which shall notify their deposit to each of the interested Governments.
(2) When five ratifications have been deposited, the Convention shall come into force between the High Contracting Parties who have ratified it ninety days after the deposit of the fifth ratification. Each ratification subsequently deposited shall take effect ninety days after deposit.
(3) The Government of the Kingdom of Italy shall notify each of the interested Governments of the date of the entry into force of the Convention.
ARTICLE 25
(1) This Convention, after its entry into force, shall be open to accession.
(2) Accession shall be effected by means of a notification addressed to the Government of the Kingdom of Italy, which will communicate it to each of the interested Governments.
(3) The accession shall take effect ninety days after notification to the Government of the Kingdom of Italy.
ARTICLE 26
(1) Each of the High Contracting Parties may denounce this Convention by means of a notification to be made to the Government of the Kingdom of Italy, which will at once inform each of the interested Governments thereof.
(2) Each denunciation shall take effect 6 months after notification and only in regard to the party making it.
ARTICLE 27
(1) The High Contracting Parties may at the time of signature, ratification or accession declare that their acceptance of this Convention does not apply to all or any part of their colonies, protectorates, overseas territories, territories under mandate, or any other territories under their sovereignty, authority or suzerainty.
(2) The High Contracting Parties may subsequently notify the Government of the Kingdom of Italy that they desire to render this Convention applicable to all or any part of their colonies, protectorates, overseas territories, territories under mandate, or any other territories under their sovereignty, authority or suzerainty thus excluded by their original declaration.
(3) The High Contracting Parties may at any moment notify the Government of the Kingdom of Italy that they desire to terminate the application of this Convention to all or any part of their colonies, protectorates, overseas territories under mandate, or any other territories under their sovereignty, authority or suzerainty.
(4) The Government of the Kingdom of Italy shall inform each of the interested Governments of any notifications made in pursuance of the two preceding paragraphs.
ARTICLE 28
Each of the High Contracting Parties, shall have the right, but not before two years from the entry into force of this Convention, to call for the assembling of a new international conference with the object of investigating the improvements which might be made in this Convention. For this purpose such High Contracting Party shall communicate with the Government of the French Republic, which will take the necessary steps to prepare for the conference.
The present Convention, done at Rome, 29th May 1933, will remain open for signature until 1st January 1934.
* P. Martin & E. Martin, Showcross and Beaumont AIR LAW, 4th ed., vol. 2 (London: Butherworth, 1977-1991). The Convention entered into force on 13th February 1942, ninety days after the deposit of the fifth instrument of ratification, that of Brazil, in conformity with Article 24 (2). The ratifying States are Belgium, Brazil, Guatemala, Romania and Spain.Back
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