International Convention on Travel Contracts (CCV)

 

Article 28
The provisions of this Convention shall not prejudice the traveller’s rights and actions against third parties.

CHAPTER VI
LEGAL PROCEEDINGS

Article 29
The travel contract may contain a clause conferring jurisdiction on an arbitration tribunal provided the clause stipulates that the tribunal shall apply this Convention.

Article 30
1. The period of limitation for an action arising out of a travel contract subject to this Convention and based on death, wounding or other bodily or mental injury caused to a traveller shall be two years; it shall begin to run on the date specified in the contract as the date of termination of the service giving rise to the dispute.
Nevertheless, in case of wounding or other bodily or mental injury resulting in the death of the traveller at a date subsequent to the date of termination of the service giving rise to the dispute, the period of limitation shall begin to run on the date of such death without, however, exceeding three years from the date of termination of the service in question.

2. The period of limitation for an action arising out of a travel contract subject to this Convention other than those referred to in paragraph 1 of this Article, shall be one year; it shall begin to run on the date specified in the contract as the date of termination of the service giving rise to the dispute.

CHAPTER VII
NULLITY OF STIPULATIONS CONTRARY TO THE CONVENTION

Article 31
1. Any stipulation which would directly or indirectly derogate from the provisions of this Convention shall be null and void, in so far as it would be detrimental to the traveller.
The nullity of such a stipulation shall not imply the nullity of the Other provisions of the contract.

2. In particular, any clause assigning to the travel organizer or intermediary the benefit of insurance taken out by the traveller, or shifting the burden of proof shall be null and void.

CHAPTER VIII
FINAL PROVISIONS

Article 32
1. Any dispute between Contracting States concerning the interpretation or application of this Convention, which cannot be settled through negotiation, shall at the request of one of them, be submitted to arbitration.

2. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

Article 33
This Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice , until 31 December 1971.

Article 34
This Convention shall be ratified and the instruments of ratification shall be deposited with the Belgian Government.

Article 35
1. This Convention shall remain open for accession by any State belonging to any of the categories mentioned in Article 33.

2. The instruments of accession shall be deposited with the Belgian Government.

Article 36
1. This Convention shall come into force three months after the date of the deposit of the fifth instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of the fifth instrument of ratification or accession, the Convention shall enter into force three months after the date of the deposit by such State of its instrument of ratification or accession.

Article 37
Each Contracting State shall have the right to denounce this Convention at any time after the coming into force thereof in respect of such Contracting State. Nevertheless, this denunciation shall only take effect one year after the date on which notification thereof has been received by the Belgian Government.

Article 38
In the case of a federal or non-unitary State, the following provisions shall apply:

1. With respect to those Articles of this Convention that come within the legislative jurisdiction of the federal legislative authority, the obligations of the federal government shall, to this extent, be the same as those of parties which are not federal States.

2. With respect to those Articles of this Convention that come within the legislative jurisdiction of constituent states, provinces or cantons which are not, under the constitutional system of the federation, bound to take legislative action, the federal government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of states, provinces or cantons at the earliest possible moment.

3. A federal State party to this Convention shall, at the request of any other Contracting State, supply a statement of the law and practice of the federation and its constituent units in regard to any particular provision of the Convention showing the extent to which effect has been given to that provision by legislative or other action.

Article 39
1. Any Contracting State may at the time of ratification or accession to this Convention or at any time thereafter declare by written notification to the Belgian Government that the Convention shall extend to any of the territories for whose international relations it is responsible.
The Convention shall three months after the date of the receipt of such notification by the Belgian Government, extend to the territories named therein.

2. Any Contracting State which has made a declaration under paragraph 1 of this Article may at any time thereafter declare by notification addressed to the Belgian Government that the Convention shall cease to extend to such territories. This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government.

Article 40
1. Any Contracting State may at the time of signature, ratification or accession to this Convention express any of the following reservations:

(a) that this Convention shall apply only to the international travel agency contracts to be performed totally or partially, within a State other than the State in which the contract was made or from which the traveller departed;

(b) that it does not consider itself bound by Article 32, paragraph 2 of this Convention.

2. The reservations, referred to in the previous paragraph, do not require any subsequent acceptance by the other Contracting States.

3. Any Contracting State having formulated a reservation as contemplated by paragraph 1, shall be permitted at any time to withdraw it by a notification addressed to the Belgian Government; withdrawal of the reservation shall take effect three months after receipt of the notification thereof.

Article 41
This Convention shall apply without prejudice to Conventions relating to the transportation of travellers and their baggage or to a sojourn to which a Contracting State is a party or may become a party.

Article 42
Any Contracting State may, five years after the coming into force of this Convention, as provided in Article 36, paragraph 1, request that a Conference be convened in order to consider proposed amendments to this Convention.

Any Contracting State wishing to avail itself of this right, shall notify the Belgian Government which, provided that one-third of the Contracting States be in agreement, shall convene the Conference within twelve months thereafter.

Article 43
The Belgian Government shall notify the States concerned of the following:

1. The signatures, ratifications and accessions received in accordance with Articles 33, 34 and 35.

2. The dates on which the present Convention will come into force in accordance with Article 36.

3. The denunciations received in accordance with Article 37 and Article 39, paragraph 2.

4. The notifications and declarations made in accordance with Article 39, paragraph 1, Articles 40 and 42.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto, have signed this Convention.

DONE at Brussels, this 23rd day of April I970, in the English and French languages, both texts being equally authentic, in a single copy, which shall remain deposited in the archives of the Belgian Government, which shall issue certified copies thereof.

Author: international