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It was during the work of preparation of the draft Convention on the contract for the international carriage of passengers and luggage by road (C.V.R.), in 1958, that the attention of UNIDROIT was particularly drawn on the desirability of elaborating uniform rules of private law concernant the legal relationships between travel agents and their clients. Following the recommendations of the United Nations Conference on Tourism and International Travel (1963) and a resolution adopted by the General Assembly of the International Federation of Travel Agencies (1965), the General Assembly of UNIDROIT resolved that unification should be pressed for in this field. UNIDROIT's Governing Council appointed a Working Committee composed of eminent lawyers and presided over by Prof. O. Riese, member of the Council, with Mr. Willem Vanderperren, Head of the Legal Office of the Belgian Ministry of Communications as Rapporteur, for the purpose of preparing, in consultation with interested States and qualified Organisations, draft uniform provisions in this field.

 

The Working Committee was composed of Messrs. L. Réczei, Professor at the University of Budapest and Ambassador, and U. Yadin, Professor at the University of Jerusalem and Deputy Attorney General of Israel, both members of the Governing Council, and of Messrs. P. Couvrat, Reader at the Faculty of Law of the University of Poitiers, A. W. Ford, Doctor-at-Law, First Secretary of the Embassy of the United States in Rome, then replaced by Mr. D. Rivkin, of the New York Bar. The Working Committee benefited from the invaluable contribution of Mr. A. Poplimont, legal and technical adviser of the Universal Federation of Travel Agents' Associations (U.F.T.A.A.) . Mr. A. Hennebicq, Legal Counsellor of UNIDROIT, was appointed Secretary to the Working Committee.

 

Working on the basis of a comparative law report followed by a preliminary draft by Mr. Vanderperren, the Working Committee first met in Rome in April 1967. The text of a draft convention was prepared which was later revised still in Rome, during the second meeting of the Working Committee (October 1967), which also held six plenary sessions, at which highly qualified observers of six States (Fed. Rep. of Germany, Iran, Italy, Senegal, Spain and Switzerland) participated. Japan, the Netherlands and the United Kingdom regretted to be unable to attend but stressed their interest in this draft Convention. The following Organisations were represented by observers: the Spanish Organisation of Travel Agencies; the American Society of Travel Agents (A.S.T.A.); the Asian-African Legal Consultative Committee (A.A.L.C.C.); the International Hotel Association (I.H.A.); the Association of Retail Travel Agents (A.R.T.A.); the International Chamber of Commerce (I.C.C.) ; the Universal Federation of Travel Agents' Associations (U.F.T.A.A.); the International Road Transport Union (I.R.U.); the Iran National Tourist Organization, and the World Organisation of Tourism and Automobile (O.T.A.). The following Organisations unavoidably absent, excused their absence; the United Nations Organisation, the International Union of Official Travel Organisations (I.U.T.O.), the Arab Association of Tourism and Travel Agents (A.A.T.T.A.), the Latin American Confederation of Travel Organizations (C.O.T.A.L.), the International Air Transport Association (I.A.T.A.) and the International Chamber of Shipping (I.C.S.). All these organisations, however, expressed a keen interest in the draft.

 

The Draft Convention was then submitted to the 47th Session of the Governing Council of UNIDROIT in April, 1968.

 

After a report by Messrs, Riese and Vanderperren on this subject, the Draft Convention was submitted to a sub-Committee of the Council, under the Chairmanship of Mr. Riese, composed of Mr. Vanderperren as Rapporteur, Mr. Hennebicq Secretary, and of Messrs. Loewe, Popescu, Réczei and Valladão, members. The Sub-Committee recommended that the Council approve the Draft with some amendments of minor importance. The Governing Council, by Resolution no. 4 (1968), finally approved the Draft International Convention on the travel agency contract (C.C.V.), and recognised that it was now ready for submission to and adoption by the Governments at a future Diplomatic Conference.

(Excerpt from the Acts of the Diplomatic Conference on the Travel Contract (C.C.V.), Brussels, April 1970, published by J. Goemaere, Brussels, 1971, for the Belgian Ministry of Foreign Affairs and Foreign Trade).

 

The diplomatic Conference which saw the adoption of the CCV Convention was held in Brussels 13-23 April 1970)

 

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