Obsah (16)

Article 56Article 22Article 3Article 9Article 1Article 28Article 2Article 5Article 4Article 21Article 17Article 25Article 23Article 18Article 57Article 24

Act 2004 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the

fice

the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts

the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses

the Oireachtas) Iris Oifigiúil /

ficial Gazette Revised Acts (LRC) Classified List

Legislation (LRC) Translations (acts.ie) Translations (Houses

the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.

1. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
2. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2004 Air Navigation and Transport (International Conventions) Act 2004 Air Navigation and Transport (International Conventions) Act 2004 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 11

2004 AIR NAVIGATION AND TRANSPORT (INTERNATIONAL CONVENTIONS) ACT 2004 ARRANGEMENT

SECTIONS PART 1 Preliminary Matters Section 1. Short title. 2. Purpose

Act. 3. Interpretation. PART 2 Implementation

International Conventions 4. Conventions to have the force

law in the State.

1. Inconsistency between English text and French text.
2. Power

Government to certify contracting parties. 7. Liability

carrier if a passenger dies. PART 3 Supplementary Provisions 8. Notification

reservation to the Montreal Convention.

1. Domestic carriage by air.
2. Expenses

the Minister. 11. Repeals and consequential amendments. SCHEDULE 1 THE WARSAW CONVENTION WITH THE AMENDMENTS MADE IN IT BY THE HAGUE PROTOCOL SCHEDULE 2 THE WARSAW CONVENTION WITH THE AMENDMENTS MADE IN IT BY THE HAGUE PROTOCOL AND PROTOCOL NO. 4

MONTREAL, 1975 CONVENTION FOR THE UNIFICATION

CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR SCHEDULE 3 CONVENTION FOR THE UNIFICATION

CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR Acts Referred to Air Navigation and Transport Act 1936 1936, No. 40 Civil Liability Act 1961 1961, No. 41 Civil Liability (Amendment) Act 1996 1996, No. 42 Family Law (Divorce) Act 1996 1996, No. 33 Number 11

2004 AIR NAVIGATION AND TRANSPORT (INTERNATIONAL CONVENTIONS) ACT 2004 AN ACT TO GIVE EFFECT TO CERTAIN INTERNATIONAL CONVENTIONS RELATING TO INTERNATIONAL CARRIAGE BY AIR; AND TO PROVIDE FOR RELATED MATTERS. [13th April, 2004] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary Matters Short title. 1.—This Act may be cited as the Air Navigation and Transport (International Conventions) Act 2004. Purpose

Act. 2.—The purpose

this Act is to give effect, as law

the State, to certain international conventions regulating the international carriage

passengers and goods by air. Interpretation. 3.—

the Warsaw Convention set out in Schedule 1, and (b) the provisions

that Convention (as amended) set out in Schedule 2, and (c) the provisions

the Montreal Convention set out in Schedule 3, so far as they relate to the rights and liabilities

carriers, carriers' employees and agents, passengers, consignors, consignees and other persons; “Carriage by Air Conventions” means— (a) the Warsaw Convention, and (b) that Convention as further amended by Protocol No. 4

Montreal, 1975, and (c) the Montreal Convention; “Community air carrier” has the meaning given by Article 2

the Council Regulation; “Council Regulation” means Council Regulation (EC) No. 2027/97

9 October 1997 on air carrier liability in the event

accidents as it has effect in accordance with the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993 (as amended by the Decision

the EEA Joint Committee No. 34/98

30 April 1998); “Minister” means the Minister for Transport; “Montreal Convention” means the Convention known as the Montreal Convention 1999; “Warsaw Convention” means the Convention known as the Warsaw Convention, as amended at The Hague in 1955.

, or a Protocol to, any

the Carriage by Air Conventions is a reference to that Article or Protocol as it appears in the Schedule in which it is set out.

this Act, unless it is indicated that a reference to some other enactment is intended, and (b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph

the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and (c) a reference to a particular enactment is a reference to the enactment as amended, adapted or extended by or in accordance with any subsequent enactment, including this Act. PART 2 Implementation

International Conventions Conventions to have the force

law in the State. 4.—

the Carriage by Air Conventions have the force

law in the State in relation to any carriage by air to which they apply, irrespective

the nationality

the aircraft performing that carriage.

the Council Regulation have the force

law in the State.

this Act.

the Carriage by Air Conventions applies to a carriage by air, the applicable provisions that have the force

law in the State are those

whichever is the most recent applicable Convention in force. Inconsistency between English text and French text. 5.—If there is an inconsistency between the English text

the applicable provisions contained in Schedules 1 and 2 and the French text

those provisions, the French text prevails. The French texts

those provisions are deposited in the Archives

the Ministry for Foreign Affairs

Poland as provided for in the Warsaw Convention and in that Convention as amended by Protocol No. 4

Montreal, 1975. Power

Government to certify contracting parties. 6.—

the Carriage by Air Conventions, and (b) in respect

what countries or territories they are respectively parties, and (c) to what extent they have availed themselves

the Additional Protocols and Article 57(a)

the Montreal Convention.

the limits

liability established under the Montreal Convention.

the Carriage by Air Conventions specified in subsection

extending references in the applicable provisions to the territory

a contracting party (except those that refer to the territory

a state, whether a contracting party or not) so as to include a territory in respect

which the contracting party is not a party.

subsection

the Warsaw Convention; (b) Article 40A

that Convention as amended; (c) Paragraph 1

Article 56

the Montreal Convention.

carrier if a passenger dies. 7.—

whose death a liability is imposed on a carrier by a relevant Article, means any

the following persons who has suffered injury or mental distress because

the death: (a) the wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister, stepbrother or stepsister

the deceased; (

1. b)a person whose marriage to the deceased— (
2. i)has been dissolved by a decree

divorce that was granted under the Family Law (Divorce) Act 1996 , or (ii) has been dissolved in accordance with a law

a country or jurisdiction (other than the State), but only if the dissolution is recognised in the State; (c) a person who, although not married to the deceased passenger, had, until the date

death, been cohabiting with the deceased as the deceased's spouse for a continuous period

not less than 3 years; “relevant Article”— (a) in relation to the Warsaw Convention, means Article 17

that Convention, or (b) in relation to that Convention as amended, means Article 17

that Convention (as amended), or (c) in relation to the Montreal Convention, means Article 17

that Convention.

subsection

a child is taken to be a parent

the child.

the death

a passenger by the relevant Article supersedes a liability

the carrier in respect

the death

the passenger under any law

the State (including the common law).

the dependants

the deceased passenger; (b) only one action for damages may be brought in the State against the same person in respect

the death; (

1. c)the action may be brought— (
2. i)by the personal representative

the deceased passenger, or (ii) by all or any

the passenger's dependants, if, at the end

6 months after the death

the passenger, there is no personal representative for the passenger, or if, within that period, there is such a personal representative but that representative has not brought an action within that period; (d) the action is for the benefit

all the dependants

the deceased passenger who either reside in the State or, if not residing in the State, express a wish to benefit from the action; (e) the plaintiff must provide the defendant with particulars

the persons for whom the action is brought; (

1. f)subject to paragraph (m)— (
2. i)the damages are to be the total

such amounts (if any) as the court considers proportionate to the injury resulting from the death to each

the dependants, respectively, for whom the action is brought, and (ii) subject to paragraph (g), the total

the amounts (if any) as the court considers reasonable compensation to each

the dependants for mental distress resulting from the death; (g) the total

all amounts (if any) awarded under paragraph (f)(

1. ii)may not exceed— (
2. i)the amount specified in paragraph (b)

section 49

the Civil Liability Act 1961 (as amended by the Civil Liability (Amendment) Act 1996 ), or (ii) if an order made under subsection (1A)

that section (as inserted by section 2

the Civil Liability (Amendment) Act 1996 ) specifies another amount for the purposes

that paragraph, that other amount; (

1. h)each amount awarded under paragraph (
2. f)must be indicated separately in the award; (
3. i)in addition, damages can be awarded in respect

funeral and other expenses actually incurred by the deceased passenger, or by the deceased passenger's dependants or personal representative, as a result

the accident that caused the passenger's death; (j) if the defendant decides to pay money into court in respect

the action, the money can be paid as a single sum as damages for all the dependants without apportioning it among them; (

1. k)the amount recovered in the action must, after deducting the costs not recovered from the defendant, be divided among the persons entitled in such shares as the court determines; (
2. l)in assessing the damages, the court may not take account

any sum payable on the death

the passenger under a contract

insurance, pension, gratuity or other similar benefit payable (whether under an enactment or otherwise) in consequence

that death; (m) the court before which the action is taken may, at any stage

the proceedings, make such orders as appears to it to be just in view

— (i) the applicable provisions limiting the liability

the carrier, and (ii) any proceedings that have been, or are likely to be, taken outside the State in respect

the death

the passenger; (n) a person referred to in paragraph (b)

the definition

“dependant” in subsection

mental distress alleged to have been caused to the person by the deceased's death; (o) in fixing damages to be awarded to a person referred to in paragraph (c)

the definition

“dependant” in subsection

reservation to the Montreal Convention. 8.—

that Convention.

Schedule 3 to any carriage by air (not being international carriage as defined in that Schedule)

a kind specified in the order, subject to any exceptions or modifications as may be so specified. Expenses

the Minister. 10.—The Expenses incurred by the Minister in the administration

this Act are, to such extent as may be sanctioned by the Minister for Finance, payable from money provided by the Oireachtas. Repeals and consequential amendments. 11.—

, and the First Schedule to, the Air Navigation and Transport Act 1936 are repealed.

the Air Navigation and Transport Act 1936 is amended— (a) by substituting the following definition for the definition

the expression “the Minister”: “the expression ‘the Minister’ means the Minister for Transport;”; (b) by repealing the definition

the expression “the Warsaw Convention”;

the Air Navigation and Transport Act 1936 is amended— (a) by deleting from subsection

the Air Navigation and Transport Act 1936 is amended by substituting the following subsection for subsection

— (

1. a)the Air Navigation and Transport (International Conventions) Act 2004, or (
2. b)a contract for the carriage

passengers or goods by air in so far as the contract provides for determining or limiting the liability

the carrier.”.

the Air Navigation and Transport Act 1936 is amended by substituting the following subsection for subsection

— (

1. a)the Air Navigation and Transport (International Conventions) Act 2004, or (
2. b)a contract for the carriage

passengers or goods by air in so far as the contract provides for determining or limiting the liability

the carrier.”. SCHEDULE 1 THE WARSAW CONVENTION WITH THE AMENDMENTS MADE IN IT BY THE HAGUE PROTOCOL Section 3 . PART I CONVENTION FOR THE UNIFICATION

CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR CHAPTER I Scope — Definitions Article 1

persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

this Convention, the expression international carriage means any carriage in which, according to the agreement between the parties, the place

departure and the place

destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories

two High Contracting Parties or within the territory

a single High Contracting Party if there is an agreed stopping place within the territory

another State, even if that State is not a High Contracting Party. Carriage between two points within the territory

a single High Contracting Party without an agreed stopping place within the territory

another State is not international carriage for the purposes

this Convention.

this Convention, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form

a single contract or

a series

contracts, and it does not lose its international character merely because one contract or a series

contracts is to be performed entirely within the territory

the same State. Article 2

mail and postal packages. CHAPTER II DOCUMENTS

CARRIAGE Section 1 — Passenger Ticket Article 3

the carriage

passengers a ticket shall be delivered containing: (a) an indication

the places

departure and destination; (b) if the places

departure and destination are within the territory

a single High Contracting Party, one or more agreed stopping places being within the territory

another State, an indication

at least one such stopping place; (c) a notice to the effect that, if the passenger's journey involves an ultimate destination or stop in a country other than the country

departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability

carriers for death or personal injury and in respect

loss

or damage to baggage.

the conclusion and conditions

the contract

carriage. The absence, irregularity or loss

the passenger ticket does not affect the existence or the validity

the contract

carriage which shall, nonetheless, be subject to the rules

this Convention. Nevertheless, if, with the consent

the carrier, the passenger embarks without a passenger ticket having been delivered, or if the ticket does not include the notice required by paragraph

this Article, the carrier shall not be entitled to avail himself

the provisions

Article 22. Section 2 — Baggage Check Article 4

the carriage

registered baggage, a baggage check shall be delivered, which, unless combined with or incorporated in a passenger ticket which complies with the provisions

Article 3, paragraph

the places

departure and destination; (b) if the places

departure and destination are within the territory

a single High Contracting Party, one or more agreed stopping places being within the territory

another State, an indication

at least one such stopping place; (c) a notice to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country

departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability

carriers in respect

loss

or damage to baggage.

the registration

the baggage and

the conditions

the contract

carriage. The absence, irregularity or loss

the baggage check does not affect the existence or the validity

the contract

carriage which shall, nonetheless, be subject to the rules

this Convention. Nevertheless, if the carrier takes charge

the baggage without a baggage check having been delivered or if the baggage check (unless combined with or incorporated in the passenger ticket which complies with the provisions

Article 3, paragraph

this Article, he shall not be entitled to avail himself

the provisions

Article 22, paragraph

cargo has the right to require the consignor to make out and hand over to him a document called an “air waybill”; every consignor has the right to require the carrier to accept this document.

this document does not affect the existence or the validity

the contract

carriage which shall, subject to the provisions

Article 9

, be nonetheless governed by the rules

this Convention. Article 6

the cargo on board the aircraft.

the carrier may be stamped; that

the consignor may be printed or stamped.

the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf

the consignor. Article 7 The carrier

cargo has the right to require the consignor to make out separate waybills when there is more than one package. Article 8 The air waybill shall contain: (a) an indication

the places

departure and destination; (b) if the places

departure and destination are within the territory

a single High Contracting Party, one or more agreed stopping places being within the territory

another State, an indication

at least one such stopping place; (c) a notice to the consignor to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country

departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability

carriers in respect

loss

or damage to cargo. Article 9 If, with the consent

the carrier, cargo is loaded on board the aircraft without an air waybill having been made out, or if the air waybill does not include the notice required by Article 8, paragraph (c), the carrier shall not be entitled to avail himself

the provisions

Article 22, paragraph

the particulars and statements relating to the cargo which he inserts in the air waybill.

the irregularity, incorrectness or incompleteness

the particulars and statements furnished by the consignor. Article 11

the conclusion

the contract,

the receipt

the cargo and

the conditions

carriage.

the cargo, as well as those relating to the number

packages, are prima facie evidence

the facts stated; those relating to the quantity, volume and condition

the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence

the consignor, or relate to the apparent condition

the cargo. Article 12

carriage, the consignor has the right to dispose

the cargo by withdrawing it at the aerodrome

departure or destination, or by stopping it in the course

the journey on any landing, or by calling for it to be delivered at the place

destination or in the course

the journey to a person other than the consignee named in the air waybill, or by requiring it to be returned to the aerodrome

departure. He must not exercise this right

disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise

this right.

the consignor the carrier must so inform him forthwith.

the consignor for the disposition

the cargo without requiring the production

the part

the air waybill delivered to the latter, he will be liable, without prejudice to his right

recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession

that part

the air waybill.

the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the waybill or the cargo, or if he cannot be communicated with, the consignor resumes his right

disposition. Article 13

the cargo at the place

destination, to require the carrier to hand over to him the air waybill and to deliver the cargo to him, on payment

the charges due and on complying with the conditions

carriage set out in the air waybill.

the carrier to give notice to the consignee as soon as the cargo arrives.

the cargo, or if the cargo has not arrived at the expiration

seven days after the date on which it ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract

carriage. Article 14 The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest

another, provided that he carries out the obligations imposed by the contract. Article 15

the consignor or the consignee with each other or the mutual relations

third parties whose rights are derived either from the consignor or from the consignee.

Articles 12, 13 and 14 can only be varied by express provision in the air waybill.

a negotiable air waybill. Article 16

customs, octroi or police before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity

any such information or documents, unless the damage is due to the fault

the carrier or his servants or agents.

such information or documents. CHAPTER III Liability

The Carrier Article 17 The carrier is liable for damage sustained in the event

the death or wounding

a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course

any

the operations

embarking or disembarking. Article 18

the destruction or loss

, or

damage to, any registered baggage or any cargo, if the occurrence which caused the damage so sustained took place during the carriage by air.

the preceding paragraph comprises the period during which the baggage or cargo is in charge

the carrier, whether in an aerodrome or on board an aircraft, or, in the case

a landing outside an aerodrome, in any place whatsoever.

the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance

a contract for carriage by air, for the purpose

loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result

an event which took place during the carriage by air. Article 19 The carrier is liable for damage occasioned by delay in the carriage by air

passengers, baggage or cargo. Article 20 The carrier is not liable if he proves that he and his servants or agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures. Article 21 If the carrier proves that the damage was caused by or contributed to by the negligence

the injured person the court may, in accordance with the provisions

its own law, exonerate the carrier wholly or partly from his liability. Article 22

persons the liability

the carrier for each passenger is limited to the sum

two hundred and fifty thousand francs. Where, in accordance with the law

the court seised

the case, damages may be awarded in the form

periodical payments the equivalent capital value

the said payments shall not exceed two hundred and fifty thousand francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit

liability.

registered baggage and

cargo, the liability

the carrier is limited to a sum

two hundred and fifty francs per kilogramme, unless the passenger or consignor has made, at the time when the package was handed over to the carrier, a special declaration

interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the passenger's or consignor's actual interest in delivery at destination. (b) In the case

loss, damage or delay

part

registered baggage or cargo, or

any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight

the package or packages concerned. Nevertheless, when the loss, damage or delay

a part

the registered baggage or cargo, or

an object contained therein, affects the value

other packages covered by the same baggage check or the same air waybill, the total weight

such package or packages shall also be taken into consideration in determining the limit

liability.

which the passenger takes charge himself the liability

the carrier is limited to five thousand francs per passenger.

the court costs and

the other expenses

the litigation incurred by the plaintiff. The foregoing provision shall not apply if the amount

the damages awarded, excluding court costs and other expenses

the litigation, does not exceed the sum which the carrier has

fered in writing to the plaintiff within a period

six months from the date

the occurrence causing the damage, or before the commencement

the action, if that is later.

sixty-five and a half milligrammes

gold

millesimal fineness nine hundred. These sums may be converted into national currencies in round figures. Conversion

the sums into national currencies other than gold shall, in case

judicial proceedings, be made according to the gold value

such currencies at the date

the judgment. Article 23

liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity

any such provision does not involve the nullity

the whole contract, which shall remain subject to the provisions

this Convention.

this Article shall not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice

the cargo carried. Article 24

the preceding paragraph also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights. Article 25 The limits

liability specified in Article 22 shall not apply if it is proved that the damage resulted from an act or omission

the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case

such act or omission

a servant or agent, it is also proved that he was acting within the scope

his employment. Article 25A

the carrier arising out

damage to which this Convention relates, such servant or agent, if he proves that he acted within the scope

his employment, shall be entitled to avail himself

the limits

liability which that carrier himself is entitled to invoke under Article 22.

the amounts recoverable from the carrier, his servants and agents, in that case, shall not exceed the said limits.

paragraphs

this Article shall not apply if it is proved that the damage resulted from an act or omission

the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result. Article 26

baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document

carriage.

damage, the person entitled to delivery must complain to the carrier forthwith after the discovery

the damage, and, at the latest, within seven days from the date

receipt in the case

baggage and fourteen days from the date

receipt in the case

cargo. In the case

delay the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his disposal.

carriage or by separate notice in writing despatched within the times aforesaid.

fraud on his part. Article 27 In the case

the death

the person liable, an action for damages lies in accordance with the terms

this Convention against those legally representing his estate. Article 28

the plaintiff, in the territory

one

the High Contracting Parties, either before the court having jurisdiction where the carrier is ordinarily resident, or has his principal place

business, or has an establishment by which the contract has been made or before the court having jurisdiction at the place

destination.

procedure shall be governed by the law

the court seised

the case. Article 29

arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

calculating the period

limitation shall be determined by the law

the court seised

the case. Article 30

carriage to be performed by various successive carriers and falling within the definition set out in the third paragraph

Article 1

, each carrier who accepts passengers, baggage or cargo is subjected to the rules set out in this Convention, and is deemed to be one

the contracting parties to the contract

carriage in so far as the contract deals with that part

the carriage which is performed under his supervision.

carriage

this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.

action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right

action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee. CHAPTER IV Provisions Relating to Combined Carriage Article 31

combined carriage performed partly by air and partly by any other mode

carriage, the provisions

this Convention apply only to the carriage by air, provided that the carriage by air falls within the terms

Article 1.

combined carriage from inserting in the document

air carriage conditions relating to other modes

carriage, provided that the provisions

this Convention are observed as regards the carriage by air. CHAPTER V General and Final Provisions Article 32 Any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless, for the carriage

cargo arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place within one

the jurisdictions referred to in the first paragraph

Article 28

. Article 33 Nothing contained in this Convention shall prevent the carrier either from refusing to enter into any contract

carriage, or from making regulations which do not conflict with the provisions

this Convention. Article 34 The provisions

Articles 3 to 9 inclusive relating to documents

carriage shall not apply in the case

carriage performed in extraordinary circumstances outside the normal scope

an air carrier's business. Article 35 The expression “days” when used in this Convention means current days not working days. Article 36 The Convention is drawn up in French in a single copy which shall remain deposited in the archives

the Ministry for Foreign Affairs

Poland and

which one duly certified copy shall be sent by the Polish Government to the Government

each

the High Contracting Parties. Article 40A

the Convention the word territory means not only the metropolitan territory

a State but also all other territories for the foreign relations

which that State is responsible. [Article 37, 38, 39, 40 and 41 and the concluding words

the Convention are not reproduced. They deal with the coming into force

the Convention.] ADDITIONAL PROTOCOL (With reference to Article 2) The High Contracting Parties reserve to themselves the right to declare at the time

ratification or

accession that the first paragraph

Article 2

this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority. SCHEDULE 2 THE WARSAW CONVENTION WITH THE AMENDMENTS MADE IN IT BY THE HAGUE PROTOCOL AND PROTOCOL NO. 4

MONTREAL, 1975 CONVENTION FOR THE UNIFICATION

CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR Section 3 . CHAPTER I Scope — Definitions Article 1

persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

this Convention, the expression international carriage means any carriage in which, according to the agreement between the parties, the place

departure and the place

destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories

two High Contracting Parties or within the territory

a single High Contracting Party if there is an agreed stopping place within the territory

another State, even if that State is not a High Contracting Party. Carriage between two points within the territory

a single High Contracting Party without an agreed stopping place within the territory

another State is not international carriage for the purposes

this Convention.

this Convention, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form

a single contract or a series

contracts, and it does not lose its international character merely because one contract or a series

contracts is to be performed entirely within the territory

the same State. Article 2

postal items the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations.

this Article, the provisions

this Convention shall not apply to the carriage

postal items. CHAPTER II DOCUMENTS

CARRIAGE Section 1 — Passenger Ticket Article 3

the carriage

passengers a ticket shall be delivered containing: (a) an indication

the places

departure and destination; (b) if the places

departure and destination are within the territory

a single High Contracting Party, one or more agreed stopping places being within the territory

another State, an indication

at least one such stopping place; (c) a notice to the effect that, if the passenger's journey involves an ultimate destination or stop in a country other than the country

departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability

carriers for death or personal injury and in respect

loss

or damage to baggage.

the conclusion and conditions

the contract

carriage. The absence, irregularity or loss

the passenger ticket does not affect the existence or the validity

the contract

carriage which shall, nonetheless, be subject to the rules

this Convention. Nevertheless, if, with the consent

the carrier, the passenger embarks without a passenger ticket having been delivered, or if the ticket does not include the notice required by paragraph

this Article, the carrier shall not be entitled to avail himself

the provisions

Article 22. Section 2 — Baggage Check Article 4

the carriage

registered baggage, a baggage check shall be delivered, which, unless combined with or incorporated in a passenger ticket which complies with the provisions

Article 3, paragraph

the places

departure and destination; (b) if the places

departure and destination are within the territory

a single High Contracting Party, one or more agreed stopping places being within the territory

another State, an indication

at least one such stopping place; (c) a notice to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country

departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability

carriers in respect

loss or damage to baggage.

the registration

the baggage and

the conditions

the contract

carriage. The absence, irregularity or loss

the baggage check does not effect the existence or the validity

the contract

carriage which shall, nonetheless, be subject to the rules

this Convention. Nevertheless, if the carrier takes charge

the baggage without a baggage check having been delivered or if the baggage check (unless combined with or incorporated in the passenger ticket which complies with the provisions

Article 3, paragraph

this Article, he shall not be entitled to avail himself

the provisions

Article 22, paragraph

the carriage

cargo an air waybill shall be delivered.

the carriage to be performed may, with the consent

the consignor, be substituted for the delivery

an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a receipt for the cargo permitting identification

the consignment and access to the information contained in the record preserved by such other means.

using, at points

transit and destination, the other means which would preserve a record

the carriage referred to in paragraph

this Article does not entitle the carrier to refuse to accept the cargo for carriage. Article 6

the carrier and that

the consignor may be printed or stamped.

the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf

the consignor. Article 7 Where there is more than one package: (a) the carrier

the cargo has the right to require the consignor to make out separate air waybills; (b) the consignor has the right to require the carrier to deliver separate receipts when the other means referred to in paragraph

Article 5are used.

Article 8 The air waybill and receipt for the cargo shall contain: (a) an indication

the places

departure and destination; (b) if the places

departure and destination are within the territory

a single High Contracting Party, one or more agreed stopping places being within the territory

another State, an indication

at least one such stopping place; and (c) an indication

the weight

the consignment. Article 9 Non-compliance with the provisions

Articles 5 to 8 shall not affect the existence or the validity

the contract

carriage, which shall, nonetheless, be subject to the rules

this Convention including those relating to limitation

liability. Article 10

the particulars and statements relating to the cargo inserted by him or on his behalf in the air waybill or furnished by him or on his behalf to the carrier for insertion in the receipt for the cargo or for insertion in the record preserved by the other means referred to in paragraph

Article 5.

the irregularity, incorrectness or incompleteness

the particulars and statements furnished by the consignor or on his behalf.

paragraphs

this Article, the carrier shall indemnify the consignor against all damage suffered by him, or by any other person to whom the consignor is liable, by reason

the irregularity, incorrectness or incompleteness

the particulars and statements inserted by the carrier or on his behalf in the receipt for the cargo or in the record preserved by the other means referred to in paragraph

Article 5. Article 11

the conclusion

the contract,

the acceptance

the cargo and

the conditions

carriage mentioned therein.

the cargo, as well as those relating to the number

packages, are prima facie evidence

the facts stated; those relating to the quantity, volume and condition

the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence

the consignor, or relate to the apparent condition

the cargo. Article 12

carriage, the consignor has the right to dispose

the cargo by withdrawing it at the airport

departure or destination, or by stopping it in the course

the journey on any landing, or by calling for it to be delivered at the place

destination or in the course

the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport

departure. He must not exercise this right

disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise

this right.

the consignor the carrier must so inform him forthwith.

the consignor for the disposition

the cargo without requiring the production

the part

the air waybill or the receipt for the cargo delivered to the latter, he will be liable, without prejudice to his right

recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession

that part

the air waybill or the receipt for the cargo.

the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or if he cannot be communicated with, the consignor resumes his right

disposition. Article 13

the cargo at the place

destination, to require the carrier to deliver the cargo to him, on payment

the charges due and on complying with the conditions

carriage.

the carrier to give notice to the consignee as soon as the cargo arrives.

the cargo, or if the cargo has not arrived at the expiration

seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract

carriage. Article 14 The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest

another, provided that he carries out the obligations imposed by the contract

carriage. Article 15

the consignor and the consignee with each other or the mutual relations

third parties whose rights are derived either from the consignor or from the consignee.

Articles 12, 13 and 14 can only be varied by express provision in the air waybill or the receipt for the cargo. Article 16

customs, octroi or police before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity

any such information or documents, unless the damage is due to the fault

the carrier, his servants or agents.

such information or documents. CHAPTER III LIABILITY

THE CARRIER Article 17 The carrier is liable for damage sustained in the event

the death or wounding

a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course

any

the operations

embarking or disembarking. Article 18

the destruction or loss

, or damage to, any registered baggage, if the occurrence which caused the damage so sustained took place during the carriage by air.

the destruction or loss

, or damage to, cargo upon condition only that the occurrence which caused the damage so sustained took place during the carriage by air.

, or damage to, the cargo resulted solely from one or more

the following: (a) inherent defect, quality or vice

that cargo; (b) defective packing

that cargo performed by a person other than the carrier or his servants or agents; (c) an act

war or an armed conflict; (d) an act

a public authority carried out in connection with the entry, exit or transit

the cargo.

the preceding paragraphs

this Article comprises the period during which the baggage or cargo is in the charge

the carrier, whether in an airport or on board an aircraft, or, in the case

a landing outside an airport, in any place whatsoever.

the carriage by air does not extend to any carriage by land, by sea or by river performed outside an airport. If, however, such carriage takes place in the performance

a contract for carriage by air, for the purpose

loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result

an event which took place during the carriage by air. Article 19 The carrier is liable for damage occasioned by delay in the carriage by air

passengers, baggage or cargo. Article 20 In the case

passengers and baggage, and in the case

damage occasioned by delay in the carriage

cargo, the carrier shall not be liable if he proves that he and his servants and agents have taken all necessary measures to avoid the damage or that it was impossible for them to take such measures. Article 21

passengers and baggage, if the carrier proves that the damage was caused by or contributed to by the negligence

the person suffering the damage the Court may, in accordance with the provisions

its own law, exonerate the carrier wholly or partly from his liability.

cargo, if the carrier proves that the damage was caused by or contributed to by the negligence or other wrongful act or omission

the person claiming compensation, or the person from whom he derives his rights, the carrier shall be wholly or partly exonerated from his liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. Article 22

persons the liability

the carrier for each passenger is limited to the sum

16,600 Special Drawing Rights. Where, in accordance with the law

the court seised

the case, damages may be awarded in the form

periodical payments, the equivalent capital value

the said payments shall not exceed this limit. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit

liability.

registered baggage, the liability

the carrier is limited to a sum

17 Special Drawing Rights per kilogram, unless the passenger or consignor has made, at the same time when the package was handed over to the carrier, a special declaration or interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the passenger's or the consignor's actual interest in delivery at destination. (b) In the carriage

cargo, the liability

the carrier is limited to a sum

17 Special Drawing Rights per kilogramme, unless the consignor has made, at the same time when the package was handed over to the carrier, a special declaration

interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the consignor's actual interest in delivery at destination. (c) In the case

loss, damage or delay

part

registered baggage or cargo, or

any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight

the package or packages concerned. Nevertheless, when the loss, damage or delay

a part

the registered baggage or cargo, or

an object contained therein, affects the value

other packages covered by the same baggage check or the same air way-bill, the total weight

such package or packages shall also be taken into consideration in determining the limit

liability.

which the passenger takes charge himself the liability

the carrier is limited to 332 Special Drawing Rights per passenger.

the court costs and

the other expenses

the litigation incurred by the plaintiff. The foregoing provision shall not apply if the amount

the damages awarded, excluding court costs and other expenses

the litigation, does not exceed the sum which the carrier has

fered in writing to the plaintiff within a period

six months from the date

the occurrence causing the damage, or before the commencement

the action, if that is later.

the Special Drawing Right in this Article shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion

the sums into national currencies shall, in case

judicial proceedings, be made according to the value

such currencies in terms

the Special Drawing Right at the date

judgment.

a national currency, in terms

the Special Drawing Right,

a High Contracting Party which is a Member

the International Monetary Fund, shall be calculated in accordance with the method

valuation applied by the International Monetary Fund, in effect at the date

the judgment for its operations and transactions. The value

a national currency, in terms

the Special Drawing Right,

a High Contracting Party which is not a Member

the International Monetary Fund, shall be calculated in a manner determined by that High Contracting Party. Nevertheless, those States which are not Members

the International Monetary Fund and whose law does not permit the application

the provisions

paragraph

Article 22

may, at the time

ratification or accession or at any time thereafter, declare that the limit

liability

the carrier in judicial proceedings in their territories is fixed at a sum

two hundred and fifty monetary units per kilogramme. This monetary unit corresponds to sixty-five and a half milligrammes

gold

millesimal fineness nine hundred. This sum may be converted into the national currency concerned in round figures. The conversion

this sum into national currency shall be made according to the law

the State concerned. Article 23

liability or to fix a lower limit than that laid down in this Convention shall be null and void, but the nullity

any such provision does not involve the nullity

the whole contract, which shall remain subject to the provisions

this Convention.

this Article shall not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice

the cargo carried. Article 24

passengers and baggage, any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Convention, without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights.

cargo, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and limits

liability set out in this Convention without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. Such limits

liability constitute maximum limits and may not be exceeded whatever the circumstances which give rise to the liability. Article 25 In the carriage

passengers and baggage, the limits

liability specified in Article 22 shall not apply if it is proved that the damage resulted from an act or omission

the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case

such act or omission

a servant or agent, it is also proved that he was acting within the scope

his employment. Article 25A

the carrier arising out

damage to which this Convention relates, such servant or agent, if he proves that he acted within the scope

his employment, shall be entitled to avail himself

the limits

liability which that carrier himself is able to invoke under Article 22.

the amounts recoverable from the carrier, his servants or agents, in that case, shall not exceed the said limits.

passengers and baggage, the provisions

paragraphs

this Article shall not apply if it is proved that the damage resulted from an act or omission

the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result. Article 26

baggage or cargo without complaint is prima facie evidence that the same have been delivered in good condition and in accordance with the document

carriage.

damage, the person entitled to delivery must complain to the carrier forthwith after the discovery

the damage, and, at the latest, within seven days from the date

receipt in the case

baggage and fourteen days from the date

receipt in the case

cargo. In the case

delay the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo has been placed at his disposal.

carriage or by separate notice in writing despatched within the times aforesaid.

fraud on his part. Article 27 In the case

the death

the person liable, an action for damages lies in accordance with the terms

this Convention against those legally representing his estate. Article 28

the plaintiff, in the territory

one

the High Contracting Parties, either before the court having jurisdiction where the carrier is ordinarily resident, or has his principal place

business, or has an establishment by which the contract has been made or before the court having jurisdiction at the place

destination.

procedure shall be governed by the law

the court seised

the case. Article 29

arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

calculating the period

limitation shall be determined by the law

the court seised

the case. Article 30

carriage to be performed by various successive carries and falling within the definition set out in the third paragraph

Article 1

, each carrier who accepts passengers, baggage or cargo is subjected to the rules set out in this Convention, and is deemed to be one

the contracting parties to the contract

carriage in so far as the contract deals with that part

the carriage which is performed under his supervision.

carriage

this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.

action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right

action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee. Article 30A Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right

recourse against any other person. CHAPTER IV Provisions Relating to Combined Carriage Article 31

combined carriage performed partly by air and partly by any other mode

carriage, the provisions

this Convention apply only to the carriage by air, provided that carriage by air falls within the terms

Article 1.

combined carriage from inserting in the document

air carriage conditions relating to other modes

carriage, provided that the provisions

this Convention are observed as regards the carriage by air. CHAPTER V General and Final Provisions Article 32 Any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction shall be null and void. Nevertheless for the carriage

cargo arbitration clauses are allowed subject to this Convention, if the arbitration is to take place within one

the jurisdictions referred to in the first paragraph

Article 28. Article 33 Except as provided in paragraph

Article 5

, nothing in this Convention shall prevent the carrier either from refusing to enter into any contract

carriage or from making regulations which do not conflict with the provisions

this Convention. Article 34 The provisions

Articles 3 to 8 inclusive relating to documents

carriage shall not apply in the case

carriage performed in extraordinary circumstances outside the normal scope

an air carrier's business. Article 35 The expression “days” when used in this Convention means current days not working days. Article 36 The Convention is drawn up in French in a single copy which shall remain deposited in the archives

the Ministry

Foreign Affairs

Poland and

which one duly certified copy shall be sent by the Polish Government to the Government

each

the High Contracting Parties. Article 40A

the Convention the word territory means not only the metropolitan territory

a State but also all other territories for the foreign relations

which that state is responsible. [Articles 37, 38, 39, 40 and 41 and the concluding words

the Convention are not reproduced. They deal with the coming into force

the Convention.] ADDITIONAL PROTOCOL (With reference to Article 2) The High Contracting Parties reserve to themselves the right to declare at the time

ratification or

accession that the first paragraph

Article 2

this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority. SCHEDULE 3 CONVENTION FOR THE UNIFICATION

CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR Section 3 and 9 . THE STATES PARTIES TO THIS CONVENTION RECOGNIZING the significant contribution

the Convention for the Unification

Certain Rules relating to International Carriage by Air signed in Warsaw on 12 October 1929, hereinafter referred to as “the Warsaw Convention”, and other related instruments to the harmonization

private international air law; RECOGNIZING the need to modernize and consolidate the Warsaw Convention and related instruments; RECOGNIZING the importance

ensuring protection

the interests

consumers in international carriage by air and the need for equitable compensation based on the principle

restitution; REAFFIRMING the desirability

an orderly development

international air transport operations and the smooth flow

passengers, baggage and cargo in accordance with the principles and objectives

the Convention on International Civil Aviation, done at Chicago on 7 December 1944; CONVINCED that collective State action for further harmonization and codification

certain rules governing international carriage by air through a new Convention is the most adequate means

achieving an equitable balance

interests; HAVE AGREED AS FOLLOWS: CHAPTER 1 GENERAL PROVISIONS Article 1 Scope

application 1. This Convention applies to all international carriage

persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking. 2. For the purposes

this Convention, the expression “international carriage” means any carriage in which, according to the agreement between the parties, the place

departure and the place

destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories

two States Parties, or within the territory

a single State Party if there is an agreed stopping place within the territory

another State, even if that State is not a State Party. Carriage between two points within the territory

a single State Party without an agreed stopping place within the territory

another State is not international carriage for the purposes

this Convention. 3. Carriage to be performed by several successive carriers is deemed, for the purposes

this Convention, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form

a single contract or

a series

contracts, and it does not lose its international character merely because one contract or a series

contracts is to be performed entirely within the territory

the same State. 4. This Convention applies also to carriage as set out in Chapter V, subject to the terms contained therein. Article 2 Carriage performed by State and carriage

postal items

1. This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article
3. In the carriage

postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations. 3. Except as provided in paragraph 2

this Article, the provisions

this Convention shall not apply to the carriage

postal items. CHAPTER II DOCUMENTATION AND DUTIES

THE PARTIES RELATING TO THE CARRIAGE

PASSENGERS, BAGGAGE AND CARGO Article 3 Passengers and baggage 1. In respect

carriage

passengers, an individual or collective document

carriage shall be delivered containing: (a) an indication

the places

departure and destination; (b) if the places

departure and destination are within the territory

a single State Party, one or more agreed stopping places being within the territory

another State, an indication

at least one such stopping place. 2. Any other means which preserves the information indicated in paragraph 1 may be substituted for the delivery

the document referred to in that paragraph. If any such other means is used, the carrier shall

fer to deliver to the passenger a written statement

the information so preserved. 3. The carrier shall deliver to the passenger a baggage identification tag for each piece

checked baggage. 4. The passenger shall be given written notice to the effect that where this Convention is applicable it governs and may limit the liability

carriers in respect

death or injury and for destruction or loss

, or damage to, baggage, and for delay. 5. Non-compliance with the provisions

the foregoing paragraphs shall not affect the existence or the validity

the contract

carriage, which shall, nonetheless, be subject to the rules

this Convention including those relating to limitation

liability. Article 4 Cargo 1. In respect

the carriage

cargo, an air waybill shall be delivered. 2. Any other means which preserves a record

the carriage to be performed may be substituted for the delivery

an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification

the consignment and access to the information contained in the record preserved by such other means. Article 5 Contents

air waybill or cargo receipt The air waybill or the cargo receipt shall include: (a) an indication

the places

departure and destination; (b) if the places

departure and destination are within the territory

a single State Party, one or more agreed stopping places being within the territory

another State, an indication

at least one such stopping place; and (c) an indication

the weight

the consignment. Article 6 Document relating to the nature

the cargo The consignor may be required, if necessary, to meet the formalities

customs, police and similar public authorities to deliver a document indicating the nature

the cargo. This provision creates for the carrier no duty, obligation or liability resulting therefrom. Article 7 Description

air waybill

1. The air waybill shall be made out by the consignor in three original parts.
2. The first part shall be marked “for the carrier”; it shall be signed by the consignor. The second part shall be marked “for the consignee”; it shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the cargo has been accepted.
3. The signature

the carrier and that

the consignor may be printed or stamped. 4. If, at the request

the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf

the consignor. Article 8 Documentation for multiple packages When there is more than one package: (a) the carrier

cargo has the right to require the consignor to make out separate air waybills; (b) the consignor has the right to require the carrier to deliver separate cargo receipts when the other means referred to in paragraph 2

Article 4are used.

Article 9 Non-compliance with documentary requirements Non-compliance with the provisions

Articles 4 to 8 shall not affect the existence or the validity

the contract

carriage, which shall, nonetheless, be subject to the rules

this Convention including those relating to limitation

liability. Article 10 Responsibility for particulars

documentation 1. The consignor is responsible for the correctness

the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in paragraph 2

Article 4

. The foregoing shall also apply where the person acting on behalf

the consignor is also the agent

the carrier. 2. The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason

the irregularity, incorrectness or incompleteness

the particulars and statements furnished by the consignor or on its behalf. 3. Subject to the provisions

paragraphs 1 and 2

this Article, the carrier shall indemnify the consignor against all damage suffered by it, or by any other person to whom the consignor is liable, by reason

the irregularity, incorrectness or incompleteness

the particulars and statements inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other means referred to in paragraph 2

Article 4

. Article 11 Evidentiary value

documentation 1. The air waybill or the cargo receipt is prima facie evidence

the conclusion

the contract,

the acceptance

the cargo and

the conditions

carriage mentioned therein. 2. Any statements in the air waybill or the cargo receipt relating to the weight, dimensions and packing

the cargo, as well as those relating to the number

packages, are prima facie evidence

the facts stated; those relating to the quantity, volume and condition

the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence

the consignor, or relate to the apparent condition

the cargo. Article 12 Right

disposition

cargo 1. Subject to its liability to carry out all its obligations under the contract

carriage, the consignor has the right to dispose

the cargo by withdrawing it at the airport

departure or destination, or by stopping it in the course

the journey on any landing, or by calling for it to be delivered at the place

destination or in the course

the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport

departure. The consignor must not exercise this right

disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses occasioned by the exercise

this right. 2. If it is impossible to carry out the instructions

the consignor, the carrier must so inform the consignor forthwith. 3. If the carrier carries out the instructions

the consignor for the disposition

the cargo without requiring the production

the part

the air waybill or the cargo receipt delivered to the latter, the carrier will be liable, without prejudice to its right

recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession

that part

the air waybill or the cargo receipt. 4. The right conferred on the consignor ceases at the moment when that

the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or cannot be communicated with, the consignor resumes its right

disposition. Article 13 Delivery

the cargo 1. Except when the consignor has exercised its right under Article 12, the consignee is entitled, on arrival

the cargo at the place

destination, to require the carrier to deliver the cargo to it, on payment

the charges due and on complying with the conditions

carriage. 2. Unless it is otherwise agreed, it is the duty

the carrier to give notice to the consignee as soon as the cargo arrives. 3. If the carrier admits the loss

the cargo, or if the cargo has not arrived at the expiration

seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract

carriage. Article 14 Enforcement

the rights

consignor and consignee The consignor and the consignee can respectively enforce all the rights given to them by Articles 12 and 13, each in its own name, whether it is acting in its own interest or in the interest

another, provided that it carries out the obligations imposed by the contract

carriage. Article 15 Relations

consignor and consignee or mutual relations

third parties 1. Articles 12, 13 and 14 do not affect either the relations

the consignor and the consignee with each other or the mutual relations

third parties whose rights are derived either from the consignor or from the consignee. 2. The provisions

Articles 12, 13 and 14 can only be varied by express provision in the air waybill or the cargo receipt. Article 16 Formalities

customs, police or other public authorities 1. The consignor must furnish such information and such documents as are necessary to meet the formalities

customs, police and any other public authorities before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity

any such information or documents, unless the damage is due to the fault

the carrier, its servants or agents. 2. The carrier is under no obligation to enquire into the correctness or sufficiency

such information or documents. CHAPTER III LIABILITY

THE CARRIER AND EXTENT

COMPENSATION FOR DAMAGE Article 17 Death and injury

passengers — damage to baggage 1. The carrier is liable for damage sustained in case

death or bodily injury

a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course

any

the operations

embarking or disembarking. 2. The carrier liable for damage sustained in case

destruction or loss

, or

damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge

the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice

the baggage. In the case

unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that

its servants or agents. 3. If the carrier admits the loss

the checked baggage, or if the checked baggage has not arrived at the expiration

twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract

carriage.

1. Unless otherwise specified, in this Convention the term “baggage” means both checked baggage and unchecked baggage. Article 18 Damage to cargo
2. The carrier is liable for damage sustained in the event

the destruction or loss

or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. 2. However, the carrier is not liable if and to the extent it proves that the destruction, or loss

, or damage to, the cargo resulted from one or more

the following: (a) inherent defect, quality or vice

that cargo; (b) defective packing

that cargo performed by a person other than the carrier or its servants or agents; (c) an act

war or an armed conflict; (d) an act

public authority carried out in connection with the entry, exit or transit

the cargo. 3. The carriage by air within the meaning

paragraph 1

this Article comprises the period during which the cargo is in the charge

the carrier. 4. The period

the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. If, however, such carriage takes place in the performance

a contract for carriage by air, for the purpose

loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result

an event which took place during the carriage by air. If a carrier, without the consent

the consignor, substitutes carriage by another mode

transport for the whole or part

a carriage intended by the agreement between the parties to be carriage by air, such carriage by another mode

transport is deemed to be within the period

carriage by air. Article 19 Delay The carrier is liable for damage occasioned by delay in the carriage by air

passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures. Article 20 Exoneration If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission

the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason

death or injury

a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission

that passenger. This Article applies to all the liability provisions in this Convention, including paragraph 1

Article 21

. Article 21 Compensation in case

death or injury

passengers 1. For damages arising under paragraph 1

Article 17

not exceeding 100,000 Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability. 2. The carrier shall not be liable for damages arising under paragraph 1

Article 17

to the extent that they exceed for each passenger 100,000 Special Drawing Rights if the carrier proves that: (a) such damage was not due to the negligence or other wrongful act or omission

the carrier or its servants or agents; or (b) such damage was solely due to the negligence or other wrongful act or omission

a third party. Article 22 Limits

liability in relation to delay, baggage and cargo 1. In the case

damage caused by delay as specified in Article 19 in the carriage

persons, the liability

the carrier for each passenger is limited to 4,150 Special Drawing Rights. 2. In the carriage

baggage, the liability

the carrier in the case

destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration

interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination. 3. In the carriage

cargo, the liability

the carrier in the case

destruction, loss, damage or delay is limited to a sum

17 Special Drawing Rights per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration

interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor's actual interest in delivery at destination. 4. In the case

destruction, loss, damage or delay

part

the cargo, or

any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight

the package or packages concerned. Nevertheless, when the destruction, loss, damage or delay

a part

the cargo, or

an object contained therein, affects the value

other packages covered by the same air waybill, or the same receipt or, if they were not issued, by the same record preserved by the other means referred to in paragraph 2

Article 4

, the total weight

such package or packages shall also be taken into consideration in determining the limit

liability. 5. The foregoing provisions

paragraphs 1 and 2

this Article shall not apply if it is proved that the damage resulted from an act or omission

the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case

such act or omission

a servant or agent, it is also proved that such servant or agent was acting within the scope

its employment. 6. The limits prescribed in Article 21 and in this Article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part

the court costs and

the other expenses

the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount

the damages awarded, excluding court costs and other expenses

the litigation, does not exceed the sum which the carrier has

fered in writing to the plaintiff within a period

six months from the date

the occurrence causing the damage, or before the commencement

the action, if that is later. Article 23 Conversion

monetary units 1. The sums mentioned in terms

Special Drawing Right in this Convention shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion

the sums into national currencies shall, in case

judicial proceedings, be made according to the value

such currencies in terms

the Special Drawing Right at the date

the judgement. The value

a national currency, in terms

the Special Drawing Right,

a State Party which is a Member

the International Monetary Fund, shall be calculated in accordance with the method

valuation applied by the International Monetary Fund, in effect at the date

the judgement, for its operations and transactions. The value

a national currency, in terms

the Special Drawing Right,

a State Party which is not a Member

the International Monetary Fund, shall be calculated in a manner determined by that State. 2. Nevertheless, those States which are not Members

the International Monetary Fund and whose law does not permit the application

the provisions

paragraph 1

this Article may, at the time

ratification or accession or at any time thereafter, declare that the limit

liability

the carrier prescribed in Article 21 is fixed at a sum

1,500,000 monetary units per passenger in judicial proceedings in their territories; 62,500 monetary units per passenger with respect to paragraph 1

Article 22

; 15,000 monetary units per passenger with respect to paragraph 2

Article 22

; and 250 monetary units per kilogram with respect to paragraph 3

Article 22

. This monetary unit corresponds to sixty-five and a half milligrams

gold

millesimal fineness nine hundred. These sums may be converted into the national currency concerned in round figures. The conversion

these sums into national currency shall be made according to the law

the State concerned. 3. The calculation mentioned in the last sentence

paragraph I

this Article and the conversion method mentioned in paragraph 2

this Article shall be made in such manner as to express in the national currency

the State Party as far as possible the same real value for the amounts in Articles 21 and 22 as would result from the application

the first three sentences

paragraph 1

this Article. States Parties shall communicate to the depositary the manner

calculation pursuant to paragraph 1

this Article, or the result

the conversion in paragraph 2

this Article as the case may be, when depositing an instrument

ratification, acceptance, approval

or accession to this Convention and whenever there is a change in either. Article 24 Review

limits 1. Without prejudice to the provisions

Article 25

this Convention and subject to paragraph 2 below, the limits

liability prescribed in Articles 21, 22 and 23 shall be reviewed by the Depositary at five-year intervals, the first such review to take place at the end

the fifth year following the date

entry into force

this Convention, or if the Convention does not enter into force within five years

the date it is first open for signature, within the first year

its entry into force, by reference to an inflation factor which corresponds to the accumulated rate

inflation since the previous revision or in the first instance since the date

entry into force

the Convention. The measure

the rate

inflation to be used in determining the inflation factor shall be the weighted average

the annual rates

increase or decrease in the Consumer Price Indices

the States whose currencies comprise the Special Drawing Right mentioned in paragraph 1

Article 23. 2.

If the review referred to in the preceding paragraph concludes that the inflation factor has exceeded 10 percent, the Depositary shall notify States Parties

a revision

the limits

liability. Any such revision shall become effective six months after its notification to the States Parties. If within three months after its notification to the States Parties a majority

the States Parties register their disapproval, the revision shall not become effective and the Depositary shall refer the matter to a meeting

the States Parties. The Depositary shall immediately notify all States Parties

the coming into force

any revision. 3. Notwithstanding paragraph 1

this Article, the procedure referred to in paragraph 2

this Article shall be applied at any time provided that one-third

the States Parties express a desire to that effect and upon condition that the inflation factor referred to in paragraph 1 has exceeded 30 percent since the previous revision or since the date

entry into force

this Convention if there has been no previous revision. Subsequent reviews using the procedure described in paragraph 1

this Article will take place at five-year intervals starting at the end

the fifth year following the date

the reviews under the present paragraph. Article 25 Stipulation on limits A carrier may stipulate that the contract

carriage shall be subject to higher limits

liability than those provided for in this Convention or to no limits

liability whatsoever. Article 26 Invalidity

contractual provisions Any provision tending to relieve the carrier

liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity

any such provision does not involve the nullity

the whole contract, which shall remain subject to the provisions

this Convention. Article 27 Freedom to contract Nothing contained in this Convention shall prevent the carrier from refusing to enter into any contract

carriage, from waiving any defences available under the Convention, or from laying down conditions which do not conflict with the provisions

this Convention. Article 28 Advance payments In the case

aircraft accidents resulting in death or injury

passengers, the carrier shall, if required by its national law, make advance payments without delay to a natural person or persons who are entitled to claim compensation in order to meet the immediate economic needs

such persons. Such advance payments shall not constitute a recognition

liability and may be

fset against any amounts subsequently paid as damages by the carrier. Article 29 Basis

claims In the carriage

passengers, baggage and cargo, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits

liability as are set out in this Convention without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. In any such action, punitive, exemplary or any other non-compensatory damages shall not be recoverable. Article 30 Servants, agents — aggregation

claims 1. If an action is brought against a servant or agent

the carrier arising out

damage to which the Convention relates, such servant or agent, if they prove that they acted within the scope

their employment, shall be entitled to avail themselves

the conditions and limits

liability which the carrier itself is entitled to invoke under this Convention. 2. The aggregate

the amounts recoverable from the carrier, its servants and agents, in that case, shall not exceed the said limits. 3. Save in respect

the carriage

cargo, the provisions

paragraphs 1 and 2

this Article shall not apply if it is proved that the damage resulted from an act or omission

the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result. Article 31 Timely notice

complaints 1. Receipt by the person entitled to delivery

checked baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document

carriage or with the record preserved by the other means referred to in paragraph 2

Article 3

and paragraph 2

Article 4. 2.

In the case

damage, the person entitled to delivery must complain to the carrier forthwith after the discovery

the damage, and, at the latest, within seven days from the date

receipt in the case

checked baggage and fourteen days from the date

receipt in the case

cargo. In the case

delay, the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his or her disposal.

1. Every complaint must be made in writing and given or dispatched within the times aforesaid.
2. If no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case

fraud on its part. Article 32 Death

person liable In the case

the death

the person liable, an action for damages lies in accordance with the terms

this Convention against those legally representing his or her estate. Article 33 Jurisdiction 1. An action for damages must be brought, at the option

the plaintiff, in the territory

one

the States Parties, either before the court

the domicile

the carrier or

its principal place

business, or where it has a place

business through which the contract has been made or before the court at the place

destination. 2. In respect

damage resulting from the death or injury

a passenger, an action may be brought before one

the courts mentioned in paragraph 1

this Article, or in the territory

a State Party in which at the time

the accident the passenger has his or her principal and permanent residence and to or from which the carrier operates services for the carriage

passengers by air, either on its own aircraft or on another carrier's aircraft pursuant to a commercial agreement, and in which that carrier conducts its business

carriage

passengers by air from premises leased or owned by the carrier itself or by another carrier with which it has a commercial agreement. 3. For the purposes

paragraph 2, (a) “commercial agreement” means an agreement, other than an agency agreement, made between carriers and relating to the provision

their joint services for carriage

passengers by air; (b) “principal and permanent residence” means the one fixed and permanent abode

the passenger at the time

the accident. The nationality

the passenger shall not be the determining factor in this regard. 4. Questions

procedure shall be governed by the law

the court seized

the case. Article 34 Arbitration 1. Subject to the provisions

this Article, the parties to the contract

carriage for cargo may stipulate that any dispute relating to the liability

the carrier under this Convention shall be settled by arbitration. Such agreement shall be in writing. 2. The arbitration proceedings shall, at the option

the claimant, take place within one

the jurisdictions referred to in Article

2. The arbitrator or arbitration tribunal shall apply the provisions

this Convention. 4. The provisions

paragraphs 2 and 3

this Article shall be deemed to be part

every arbitration clause or agreement, and any term

such clause or agreement which is inconsistent therewith shall be null and void. Article 35 Limitation

actions 1. The right to damages shall be extinguished if an action is not brought within a period

two years, reckoned from the date

arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. 2. The method

calculating that period shall be determined by the law

the court seized

the case. Article 36 Successive carriage 1. In the case

carriage to be performed by various successive carriers and falling within the definition set out in paragraph 3

Article 1

, each carrier which accepts passengers, baggage or cargo is subject to the rules set out in this Convention and is deemed to be one

the parties to the contract

carriage in so far as the contract deals with that part

the carriage which is performed under its supervision. 2. In the case

carriage

this nature, the passenger or any person entitled to compensation in respect

him or her can take action only against the carrier which performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey. 3. As regards baggage or cargo, the passenger or consignor will have a right

action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right

action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee. Article 37 Right

recourse against third parties Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right

recourse against any other person. CHAPTER IV COMBINED CARRIAGE Article 38 Combined carriage 1. In the case

combined carriage performed partly by air and partly by any other mode

carriage, the provisions

this Convention shall, subject to paragraph 4

Article 18

, apply only to the carriage by air, provided that the carriage by air falls within the terms

Article 1. 2.

Nothing in this Convention shall prevent the parties in the case

combined carriage from inserting in the document

air carriage conditions relating to other modes

carriage, provided that the provisions

this Convention are observed as regards the carriage by air. CHAPTER V CARRIAGE BY AIR PERFORMED BY A PERSON OTHER THAN THE CONTRACTING CARRIER Article 39 Contracting carrier — actual carrier The provisions

this Chapter apply when a person (hereinafter referred to as “the contracting carrier”) as a principal makes a contract

carriage governed by this Convention with a passenger or consignor or with a person acting on behalf

the passenger or consignor, and another person (hereinafter referred to as “the actual carrier”) performs, by virtue

authority from the contracting carrier, the whole or part

the carriage, but is not with respect to such part a successive carrier within the meaning

this Convention. Such authority shall be presumed in the absence

proof to the contrary. Article 40 Respective liability

contracting and actual carriers If an actual carrier performs the whole or part

carriage which, according to the contract referred to in Article 39, is governed by this Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Chapter, be subject to the rules

this Convention, the former for the whole

the carriage contemplated in the contract, the latter solely for the carriage which it performs. Article 41 Mutual liability 1. The acts and omissions

the actual carrier and

its servants and agents acting within the scope

their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those

the contracting carrier. 2. The acts and omissions

the contracting carrier and

its servants and agents acting within the scope

their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those

the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the amounts referred to in Articles 21, 22, 23 and 24. Any special agreement under which the contracting carrier assumes obligations not imposed by this Convention or any waiver

rights or defences conferred by this Convention or any special declaration

interest in delivery at destination contemplated in Article 22 shall not affect the actual carrier unless agreed to by it. Article 42 Addressee

complaints and instructions Any complaint to be made or instruction to be given under this Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, instructions referred to in Article 12 shall only be effective if addressed to the contracting carrier. Article 43 Servants and agents In relation to the carriage performed by the actual carrier, any servant or agent

that carrier or

the contracting carrier shall, if they prove that they acted within the scope

their employment, be entitled to avail themselves

the conditions and limits

liability which are applicable under this Convention to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits

liability from being invoked in accordance with this Convention. Article 44 Aggregation

damages In relation to the carriage performed by the actual carrier, the aggregate

the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope

their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Convention, but none

the persons mentioned shall be liable for a sum in excess

the limit applicable to that person. Article 45 Addressee

claims In relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option

the plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one

those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law

the court seized

the case. Article 46 Additional jurisdiction Any action for damages contemplated in Article 45 must be brought, at the option

the plaintiff, in the territory

one

the States Parties, either before a court in which an action may be brought against the contracting carrier, as provided in Article 33, or before the court having jurisdiction at the place where the actual carrier has its domicile or its principal place

business. Article 47 Invalidity

contractual provisions Any contractual provision tending to relieve the contracting carrier or the actual carrier

liability under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be null and void, but the nullity

any such provision does not involve the nullity

the whole contract, which shall remain subject to the provisions

this Chapter. Article 48 Mutual relations

contracting and actual carriers Except as provided in Article 45, nothing in this Chapter shall affect the rights and obligations

the carriers between themselves, including any right

recourse or indemnification. CHAPTER VI OTHER PROVISIONS Article 49 Mandatory application Any clause contained in the contract

carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Article 50 Insurance States Parties shall require their carriers to maintain adequate insurance covering their liability under this Convention. A carrier may be required by the State Party into which it operates to furnish evidence that it maintains adequate insurance covering its liability under this Convention. Article 51 Carriage performed in extraordinary circumstances The provisions

Articles 3 to 5, 7 and 8 relating to the documentation

carriage shall not apply in the case

carriage performed in extraordinary circumstances outside the normal scope

a carrier's business. Article 52 Definition

days The expression “days” when used in this Convention means calendar days, not working days. CHAPTER VII FINAL CLAUSES Article 53 Signature, ratification and entry into force

1. This Convention shall be open for signature in Montreal on 28 May 1999 by States participating in the International Conference on Air Law held at Montreal from 10 to 28 May
2. After 28 May 1999, the Convention shall be open to all States for signature at the headquarters

the International Civil Aviation Organization in Montreal until it enters into force in accordance with paragraph 6

this Article. 2. This Convention shall similarly be open for signature by Regional Economic Integration Organisations. For the purpose

this Convention, a “Regional Economic Integration Organisation” means any organisation which is constituted by sovereign States

a given region which has competence in respect

certain matters governed by this Convention and has been duly authorized to sign and to ratify, accept, approve or accede to this Convention. A reference to a “State Party” or “States Parties” in this Convention, otherwise than in paragraph 2

Article 1

, paragraph 1(b)

Article 3

, paragraph (b)

Article 5

, Articles 23, 33, 46 and paragraph (b)

Article 57, applies equally to a Regional Economic Integration Organisation.

For the purpose

Article 24

, the references to “a majority

the States Parties” and “one-third

the States Parties” shall not apply to a Regional Economic Integration Organisation.

1. This Convention shall be subject to ratification by States and by Regional Economic Integration Organisations which have signed it.
2. Any State or Regional Economic Integration Organisation which does not sign this Convention may accept, approve or accede to it at any time.
3. Instruments

ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated the Depositary. 6. This Convention shall enter into force on the sixtieth day following the date

deposit

the thirtieth instrument

ratification, acceptance, approval or accession with the Depositary between the States which have deposited such instrument. An instrument deposited by a Regional Economic Integration Organisation shall not be counted for the purpose

this paragraph. 7. For other States and for other Regional Economic Integration Organisations, this Convention shall take effect sixty days following the date

deposit

the instrument

ratification, acceptance, approval or accession. 8. The Depositary shall promptly notify all signatories and States Parties

: (a) each signature

this Convention and date thereof; (b) each deposit

an instrument

ratification, acceptance, approval or accession and date thereof; (c) the date

entry into force

this Convention; (d) the date

the coming into force

any revision

the limits

liability established under this Convention; (e) any denunciation under Article

1. Article 54 Denunciation
2. Any State Party may denounce this Convention by written notification to the Depositary.
3. Denunciation shall take effect one hundred and eighty days following the date on which notification is received by the Depositary. Article 55 Relationship with other Warsaw Convention instruments This Convention shall prevail over any rules which apply to international carriage by air:
4. between States Parties to this Convention by virtue

those States commonly being Party to: (a) the Convention for the Unification

Certain Rules relating to International Carriage by Air signed at Warsaw on 12 October 1929 (hereinafter called the Warsaw Convention); (b) the Protocol to amend the Convention for the Unification

Certain Rules relating to International Carriage by Air signed at Warsaw on 12 October 1929, done at The Hague on 28 September 1955 (hereinafter called The Hague Protocol); (c) the Convention, Supplementary to the Warsaw Convention, for the Unification

Certain Rules relating to International Carriage by Air Performed by a Person other than the Contracting Carrier, signed at Guadalajara on 18 September 1961 (hereinafter called the Guadalajara Convention); (d) the Protocol to amend the Convention for the Unification

Certain Rules relating to International Carriage by Air signed at Warsaw on 12 October 1929 as amended by the Protocol done at The Hague on 28 September 1955, signed at Guatemala City on 8 March 1971 (hereinafter called the Guatemala City Protocol); (e) Additional Protocol Nos. 1 to 3 and Montreal Protocol No. 4 to amend the Warsaw Convention as amended by The Hague Protocol or the Warsaw Convention as amended by both The Hague Protocol and the Guatemala City Protocol, signed at Montreal on 25 September 1975 (hereinafter called the Montreal Protocols); or 2. Within the territory

any single State Party to this Convention by virtue

that State being Party to one or more

the instruments referred to in sub-paragraphs (

1. a)to (
2. e)above. Article 56 States with more than one system

law 1. If a State has two or more territorial units in which different systems

law are applicable in relation to matters dealt with in this Convention, it may at the time

signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more

them and may modify this declaration by submitting another declaration at any time.

1. Any such declaration shall be notified to the Depositary and shall state expressly the territorial units to which the Convention applies.
2. In relation to a State Party which has made such a declaration: (a) references in Article 23 to “national currency” shall be construed as referring to the currency

the relevant territorial unit

that State; and (b) the reference in Article 28 to “national law” shall be construed as referring to the law

the relevant territorial unit

that State. Article 57 Reservations No reservation may be made to this Convention except that a State Party may at any time declare by a notification addressed to the Depositary that this Convention shall not apply to: (

1. a)international carriage by air performed and operated directly by that State Party for non-commercial purposes in respect to its functions and duties as a sovereign State; and/or (
2. b)the carriage

persons, cargo and baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity

which has been reserved by or on behalf

such authorities. IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Convention. DONE at Montreal on the 28th day

May

the year one thousand nine hundred and ninety-nine in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic. This Convention shall remain deposited in the archives

the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the Depositary to all States Parties to this Convention, as well as to all States Parties to the Warsaw Convention, The Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol and the Montreal Protocols. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineac