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European Treaty Series - No. 41

Convention on the Liability of Hotel-keepers concerning the Property of their Guests

Paris, 17.XII.1962


The signatory governments of the member States of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve closer unity between its members, inter alia by the adoption of common rules in legal matters;

Believing it expedient to harmonise certain rules relating to the liability of hotel-keepers concerning the property of their guests,

Have agreed as follows:

Article 1

1Each Contracting Party undertakes that, within twelve months of the date of entry into force of the present Convention in respect of that Party, its national law shall conform with the rules on the liability of hotel-keepers concerning the property of their guests set out in the annex to this Convention.

2Each Contracting Party shall nevertheless remain free to impose greater liabilities on hotel-keepers.

3Each Contracting Party shall transmit to the Secretary General of the Council of Europe the official text of any legislation concerning the matters governed by the Convention. The Secretary General shall transmit copies of the texts to other Parties.

Article 2

Each Contracting Party retains the option:

anotwithstanding the provisions of paragraph 3 of Article 1 of the annex, to limit the liability of the hotel-keeper to at least 100 times the daily charge for the room;

bnotwithstanding the provisions of paragraph 3 of Article 1 of the annex, to limit the liability in respect of any one article to an amount which is not less than the equivalent of 1 500 gold francs or, where the preceding paragraph of this article applies, to a minimum of 50 times the daily charge for the room;

cto adopt the rule laid down in paragraph 2 of Article 1 of the annex only in respect of property which is at the hotel;


dnotwithstanding the provisions of Article 6 of the annex, to permit hotel-keepers to reduce their liability, in cases to which paragraph 1.a of Article 2 or Article 4 of the annex apply, not being cases where intent or fault tantamount to intent is involved, by an agreement with the guest signed by him and containing no other terms; the liability of the hotel-keeper may not, however, be reduced to an amount which is less than that provided in the relevant legislation enacted in pursuance of this Convention;

enotwithstanding the provisions of Article 7 of the annex, to apply the rules in the annex to vehicles, property left with them and live animals, or to regulate the hotel-keeper's liability in this respect in any other way.

Article 3

1This Convention shall apply to the metropolitan territories of the Contracting Parties.

2Any Contracting Party may, when signing this Convention or when depositing its instrument of ratification, acceptance or accession, or at any later date, declare by notification addressed to the Secretary General of the Council of Europe, that this Convention shall apply to the territory or territories, mentioned in the said declaration, for whose international relations it is responsible or for which it is empowered to legislate.

3Any declaration made in accordance with the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in Article 6 of this Convention.

Article 4

1This Convention is open to signature by the members of the Council of Europe. It shall be ratified or accepted. The instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

2The Convention shall come into force three months after the date of the deposit of the third instrument of ratification or acceptance.

3In respect of a signatory government ratifying or accepting subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance.

Article 5

1The Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Convention.

2Accession shall be by deposit with the Secretary General of the Council of an instrument of accession which shall take effect three months after the date of its deposit.

Article 6

1A Contracting Party may not denounce this Convention within less than five years from the date on which the Convention entered into force in respect of that Party. Such denunciation shall be effected by notification addressed to the Secretary General of the Council of Europe.

2The denunciation shall take effect for the Contracting Party concerned six months after the date on which it is received by the Secretary General of the Council of Europe.


Article 7

The Secretary General of the Council of Europe shall notify members of the Council and the government of any State which has acceded to this Convention of:

aany signature and any deposit of an instrument of ratification, acceptance or accession;

bthe date on which the Convention enters into force in respect of any State;

cnotifications which may be received in pursuance of the provisions of Articles 3 and 6.

 

In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention.

Done at Paris, this 17th day of December 1962, in English and in French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding governments.

 

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