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Passenger Liability (Mutual Revision & Special Contracts) Clause

This document outlines provisions related to passenger liability for international air carriage. It discusses: 1) Definitions for terms like the "Warsaw Convention" which sets rules for international air carriage. 2) Allowing either party to request revisions if the insured's liability is affected by changes to applicable laws or requirements. Revised terms may take effect if agreed upon or either party can cancel with 30 days notice. 3) Permitting extension of coverage to "Special Contracts" with passengers for higher liability limits or increased legal responsibility, subject to approval and additional premium.

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Himanshu Patidar
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162 views1 page

Passenger Liability (Mutual Revision & Special Contracts) Clause

This document outlines provisions related to passenger liability for international air carriage. It discusses: 1) Definitions for terms like the "Warsaw Convention" which sets rules for international air carriage. 2) Allowing either party to request revisions if the insured's liability is affected by changes to applicable laws or requirements. Revised terms may take effect if agreed upon or either party can cancel with 30 days notice. 3) Permitting extension of coverage to "Special Contracts" with passengers for higher liability limits or increased legal responsibility, subject to approval and additional premium.

Uploaded by

Himanshu Patidar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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PASSENGER LIABILITY (MUTUAL REVISION & SPECIAL CONTRACTS)

CLAUSE

1. As used herein ‘‘Warsaw Convention’’ means the Convention for the Unification of
Certain Rules relating to International Carriage by Air signed at Warsaw, October 12th, 1929,
or any amendment or supplement to that Convention whether by means of Protocol,
additional, new or supplemental Convention or otherwise.

2. MUTUAL REVISION. If at any time during the currency of this Policy the
Insured’s legal liability may be affected by any one or any combination of the following
events:

(a) Any ratification or denunciation of, or accession or adherence to, the Warsaw
Convention or if the Warsaw Convention ceases to apply in respect of any State
or Territory where it was previously in force

(b) Any alteration of liability by national legislation or in conformity with any


Government or other official requirement

THEN notwithstanding any other provisions of the Policy, and in contemplation of any of the
above events, either the Insured or the Insurers shall have the right to request a revision of
terms and conditions. Revised terms and conditions agreed by the parties hereto shall, unless
otherwise agreed, become operative if and when the events (or event) relevant to the aforesaid
revision become(s) effective.

If no agreement is reached on revised terms and conditions on the expiry of 60 days from
the date of a written request for the aforesaid revision, then either party shall have the right to
give 30 days’ notice of cancellation of the Policy.

3. SPECIAL CONTRACTS. Subject to the prior approval of Insurers and in


consideration of additional premium this Policy may be extended to cover the Insured’s legal
liability in respect of Special Contracts. As used herein ‘‘Special Contract’’ means

(i) an agreement between the Insured and a passenger for a higher limit of liability
in accordance with Article 22(1) of the Warsaw Convention, or

(ii) any other agreement between the Insured and a passenger whereby the Insured
assumes increased legal liability in respect of the passenger’s death or injury.

Special Contracts which have been approved as aforesaid are identified by the documents
annexed hereto being either Specimen Tickets, Tariff(s), Conditions of Contract or of
Carriage, and Notices to Passengers, or alternatively Copies of Agreements between carriers
requiring the parties thereto to enter into Special Contracts.

4. Nothing herein shall be deemed to alter the limits of Insurers’ liability as specified in
the Policy. Any condition of the Policy relating to contractual agreements is varied only as
may be necessary to the extent herein provided.

AVN 44A 1.10.96

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