Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention)
Date: 1999-05-28
Institutions: Austria, Belgium, Denmark, European Community, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom
Subjects: air transport, international convention, international transport, transport regulations

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CONVENTION FOR THE UNIFICATION OF CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR

THE STATES PARTIES TO THIS CONVENTION,

RECOGNIZING the significant contribution of the Convention for the Unification of Certain Rules 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 of private international air law;

RECOGNIZING the need to modernize and consolidate the Warsaw Convention and related instruments;

RECOGNIZING the importance of ensuring protection of the interests of consumers in international carriage by air and
the need for equitable compensation based on the principle of restitution;

REAFFIRMING the desirability of an orderly development of international air transport operations and the smooth flow of
passengers, baggage and cargo in accordance with the principles and objectives of the Convention on International Civil
Aviation, done at Chicago on 7 December 1944;

CONVINCED that collective State action for further harmonization and codification of certain rules governing inter-
national carriage by air through a new Convention is the most adequate means of achieving an equitable balance of
interests,

HAVE AGREED AS FOLLOWS:

CHAPTER I

General provisions

Article 1

Scope of application

1.
This Convention applies to all international carriage of
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 of this Convention, the expression inter-
national carriage means any carriage in which, according to the
agreement between the parties, the place of departure and the
place of destination, whether or not there be a break in the
carriage or a transhipment, are situated either within the terri-
tories of two States Parties, or within the territory of a single
State Party if there is an agreed stopping place within the
territory of another State, even if that State is not a State Party.
Carriage between two points within the territory of a single
State Party without an agreed stopping place within the terri-
tory of another State is not
international carriage for the
purposes of this Convention.

This Convention applies also to carriage as set out in

4.
Chapter V, subject to the terms contained therein.

Article 2

Carriage performed by State and carriage of 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 1.

2.
In the carriage of 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 of this Article, the
provisions of this Convention shall not apply to the carriage of
postal

items.

CHAPTER II

Documentation and duties of the Parties relating to the carriage of
passengers, baggage and cargo

Article 3

Passengers and baggage

3.
Carriage to be performed by several successive carriers is
deemed, for the purposes of this Convention, to be one undi-
vided carriage if it has been regarded by the parties as a single
operation, whether it has been agreed upon under the form of
a single contract or of a series of contracts, and it does not lose
its international character merely because one contract or a
series of contracts is to be performed entirely within the terri-
tory of the same State.

1.
In respect of carriage of passengers, an individual or
collective document of carriage shall be delivered containing:

(a) an indication of the places of departure and destination;

(b) if the places of departure and destination are within the
territory of a single State Party, one or more agreed stop-
ping places being within the territory of another State, an
indication of at least one such stopping place.

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Any other means which preserves the information indi-
2.
cated in paragraph 1 may be substituted for the delivery of the
document referred to in that paragraph.
If any such other
means is used, the carrier shall offer to deliver to the passenger
a written statement of the information so preserved.

The carrier shall deliver to the passenger a baggage identi-

3.
fication tag for each piece of checked baggage.

The passenger shall be given written notice to the effect
4.
that where this Convention is applicable it governs and may
limit the liability of carriers in respect of death or injury and
for destruction or loss of, or damage to, baggage, and for delay.

Non-compliance with the provisions of

5.
the foregoing
paragraphs shall not affect the existence or the validity of the
contract of carriage, which shall, nonetheless, be subject to the
rules of this Convention including those relating to limitation
of liability.

Article 7

Description of air waybill

The air waybill shall be made out by the consignor in

1.
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.

The signature of the carrier and that of the consignor

3.
may be printed or stamped.

4.
If, at the request of 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 of the consignor.

Article 4

Cargo

Article 8

Documentation for multiple packages

In respect of the carriage of cargo, an air waybill shall be

1.
delivered.

2.
Any other means which preserves a record of the carriage
to be performed may be substituted for the delivery of 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 of the consignment and access
to the information contained in the record preserved by such
other means.

Article 5

Contents of air waybill or cargo receipt

The air waybill or the cargo receipt shall

include:

(a) an indication of the places of departure and destination;

(b) if the places of departure and destination are within the
territory of a single State Party, one or more agreed stop-
ping places being within the territory of another State, an
indication of at least one such stopping place; and

(c) an indication of the weight of the consignment.

Article 6

Document relating to the nature of the cargo

The consignor may be required,
the
formalities of customs, police and similar public authorities to
deliver a document indicating the nature of the cargo. This
provision creates for the carrier no duty, obligation or liability
resulting therefrom.

if necessary,

to meet

When there is more than one package:

(a) the carrier of 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 of Article 4 are used.

Article 9

Non-compliance with documentary requirements

Non-compliance with the provisions of Articles 4 to 8 shall not
affect the existence or the validity of the contract of carriage,
which shall, nonetheless, be subject to the rules of this Conven-
tion including those relating to limitation of liability.

Article 10

Responsibility for particulars of documentation

1.
The consignor is responsible for the correctness of 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 of Article 4. The foregoing shall also apply
where the person acting on behalf of the consignor is also the
agent of the carrier.

The consignor shall

2.
indemnify the carrier against all
damage suffered by it, or by any other person to whom the
carrier is liable, by reason of the irregularity, incorrectness or
incompleteness of the particulars and statements furnished by
the consignor or on its behalf.

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Subject to the provisions of paragraphs 1 and 2 of this
3.
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 of the irregularity, incorrectness
or incompleteness of 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 of
Article 4.

Article 11

Evidentiary value of documentation

The air waybill or the cargo receipt

1.
is prima facie
evidence of the conclusion of the contract, of the acceptance of
the cargo and of the conditions of carriage mentioned therein.

2.
Any statements in the air waybill or the cargo receipt
relating to the weight, dimensions and packing of the cargo, as
well as those relating to the number of packages, are prima
facie evidence of the facts stated; those relating to the quantity,
volume and condition of 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 of the consignor, or relate to the
apparent condition of the cargo.

Article 12

Right of disposition of cargo

cargo, or cannot be communicated with,
resumes its right of disposition.

the consignor

Article 13

Delivery of the cargo

1.
Except when the consignor has exercised its right under
Article 12, the consignee is entitled, on arrival of the cargo at
the place of destination, to require the carrier to deliver the
cargo to it, on payment of the charges due and on complying
with the conditions of carriage.

2.
Unless it is otherwise agreed, it is the duty of the carrier
to give notice to the consignee as soon as the cargo arrives.

3.
If the carrier admits the loss of the cargo, or if the cargo
has not arrived at the expiration of 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 of carriage.

Article 14

Enforcement of the rights of 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 interests
of another, provided that it carries out the obligations imposed
by the contract of carriage.

Article 15

1.
Subject to its liability to carry out all its obligations under
the contract of carriage, the consignor has the right to dispose
of the cargo by withdrawing it at the airport of departure or
destination, or by stopping it in the course of the journey on
any landing, or by calling for it to be delivered at the place of
destination or in the course of the journey to a person other
than the consignee originally designated, or by requiring it to
be returned to the airport of departure. The consignor must
not exercise this right of disposition in such a way as to
prejudice the carrier or other consignors and must reimburse
any expenses occasioned by the exercise of this right.

Relations of consignor and consignee or mutual relations
of third parties

Articles 12, 13 and 14 do not affect either the relations
1.
of the consignor and the consignee with each other or the
mutual relations of third parties, whose rights are derived either
from the consignor or from the consignee.

The provisions of Articles 12, 13 and 14 can only be
2.
varied by express provision in the air waybill or the cargo
receipt.

If it is impossible to carry out the instructions of the
2.
consignor, the carrier must so inform the consignor forthwith.

Article 16

3.
If the carrier carries out the instructions of the consignor
for the disposition of the cargo without requiring the produc-
tion of the part of the air waybill or the cargo receipt delivered
to the latter, the carrier will be liable, without prejudice to its
right of recovery from the consignor, for any damage which
may be caused thereby to any person who is lawfully in
possession of that part of the air waybill or the cargo receipt.

4.
the
The right conferred on the consignor ceases at
moment when that of the consignee begins in accordance with
Article 13. Nevertheless, if the consignee declines to accept the

Formalities of customs, police or other public authorities

1.
The consignor must furnish such information and such
documents as are necessary to meet the formalities of customs,
police and any other public authorities before the cargo can be
delivered to the consignee. The consignor is liable to the carrier
insufficiency or
for any damage occasioned by the absence,
irregularity of any such information or documents, unless the
damage is due to the fault of the carrier, its servants or agents.

2.
The carrier is under no obligation to enquire into the
correctness or sufficiency of such information or documents.

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CHAPTER III

Liability of the carrier and extent of compensation for damage

Article 17

Death and injury of passengers — damage to baggage

1.
The carrier is liable for damage sustained in case of death
or bodily injury of a passenger upon condition only that the
accident which caused the death or injury took place on board
the operations of
the aircraft or in the course of any of
embarking or disembarking.

2.
The carrier is liable for damage sustained in case of
destruction or loss of, or of 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 of
the carrier. However, the carrier is not liable if and to the
the damage resulted from the inherent defect,
that
extent
quality or vice of
In the case of unchecked
baggage, including personal items, the carrier is liable if the
damage resulted from its fault or that of its servants or agents.

the baggage.

If the carrier admits the loss of the checked baggage, or if
3.
the checked baggage has not arrived at the expiration of 21
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 of carriage.

4.
Unless otherwise specified, in this Convention the term
‘baggage’ means both checked baggage and unchecked baggage.

Article 18

Damage to cargo

1.
The carrier is liable for damage sustained in the event of
the destruction or loss of, 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 of, or damage to, the cargo
resulted from one or more of the following:

(a) inherent defect, quality or vice of that cargo;

(b) defective packing of that cargo performed by a person

other than the carrier or its servants or agents;

(c) an act of war or an armed conflict;

(d) an act of public authority carried out in connection with

the entry, exit or transit of the cargo.

The period of the carriage by air does not extend to any
4.
carriage by land, by sea or by inland waterway performed
outside an airport. If, however, such carriage takes place in the
performance of a contract for carriage by air, for the purpose
of loading, delivery or transhipment, any damage is presumed,
subject to proof to the contrary, to have been the result of an
event which took place during the carriage by air. If a carrier,
without the consent of the consignor, substitutes carriage by
another mode of transport for the whole or part of a carriage
intended by the agreement between the parties to be carriage
by air, such carriage by another mode of transport is deemed
to be within the period of carriage by air.

Article 19

Delay

The carrier is liable for damage occasioned by delay in the
carriage by air of 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 of 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 of death or injury
of 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 of that passenger. This Article
applies to all
the liability provisions in this Convention,
including paragraph 1 of Article 21.

Article 21

Compensation in case of death or injury of passengers

1.
For damages arising under paragraph 1 of 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 of Article 17 to the extent that they exceed for
each passenger 100 000 Special Drawing Rights if the carrier
proves that:

3.
The carriage by air within the meaning of paragraph 1 of
this Article comprises the period during which the cargo is in
the charge of the carrier.

(a) such damage was not due to the negligence or other
wrongful act or omission of the carrier or its servants or
agents; or

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(b) such damage was solely due to the negligence or other

wrongful act or omission of a third party.

Article 22

Limits of liability in relation to delay, baggage and cargo

1.
In the case of damage caused by delay as specified in
Article 19 in the carriage of persons, the liability of the carrier
for each passenger is limited to 4 150 Special Drawing Rights.

In the carriage of baggage, the liability of the carrier in
2.
the case of 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 of 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 of cargo, the liability of the carrier in the
case of destruction, loss, damage or delay is limited to a sum of
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 of interest in delivery at desti-
nation 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 desti-
nation.

4.
In the case of destruction, loss, damage or delay of part
of the cargo, or of 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 of the package or packages concerned. Nevertheless,
when the destruction, loss, damage or delay of a part of the
cargo, or of an object contained therein, affects the value of
other packages covered by the same air waybill, or the same
issued, by the same record
receipt or,
preserved by the other means referred to in paragraph 2 of
Article 4, the total weight of such package or packages shall
also be taken into consideration in determining the limit of
liability.

they were not

if

plaintiff, including interest. The foregoing provision shall not
apply if the amount of the damages awarded, excluding court
costs and other expenses of the litigation, does not exceed the
sum which the carrier has offered in writing to the plaintiff
within a period of six months from the date of the occurrence
the
causing the damage, or before the commencement of
action,

if that is later.

Article 23

Conversion of monetary units

The sums mentioned in terms of Special Drawing Right
1.
in this Convention shall be deemed to refer to the Special
Drawing Right as defined by the International Monetary Fund.
Conversion of the sums into national currencies shall, in case
of judicial proceedings, be made according to the value of such
currencies in terms of the Special Drawing Right at the date of
the judgement. The value of a national currency, in terms of
the Special Drawing Right, of a State Party which is a Member
of
the International Monetary Fund, shall be calculated in
accordance with the method of valuation applied by the Inter-
national Monetary Fund, in effect at the date of the judgement,
for its operations and transactions. The value of a national
currency,
in terms of the Special Drawing Right, of a State
Party which is not a Member of the International Monetary
Fund, shall be calculated in a manner determined by that State.

liability of

2.
Nevertheless, those States which are not Members of the
International Monetary Fund and whose law does not permit
the application of the provisions of paragraph 1 of this Article
may, at the time of ratification or accession or at any time
thereafter, declare that
the carrier
the limit of
prescribed in Article 21 is fixed at a sum of 1 500 000
monetary units per passenger in judicial proceedings in their
territories; 62 500 monetary units per passenger with respect
to paragraph 1 of Article 22; 15 000 monetary units per
passenger with respect to paragraph 2 of Article 22; and 250
monetary units per kilogram with respect to paragraph 3 of
Article 22. This monetary unit corresponds to 65,5 milligrams
of gold of millesimal fineness nine hundred. These sums may
be converted into the national currency concerned in round
figures. The conversion of these sums into national currency
shall be made according to the law of the State concerned.

5.
The foregoing provisions of paragraphs 1 and 2 of this
Article shall not apply if it is proved that the damage resulted
from an act or omission of the carrier, its servants or agents,
to cause damage or recklessly and with
done with intent
knowledge that damage would probably result; provided that,
in the case of such act or omission of a servant or agent, it is
also proved that such servant or agent was acting within the
scope of 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 of the court costs
and of the other expenses of the litigation incurred by the

3.
The calculation mentioned in the last sentence of para-
graph 1 of this Article and the conversion method mentioned
in paragraph 2 of this Article shall be made in such manner as
to express in the national currency of 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 of the first three
sentences of paragraph 1 of this Article. State Parties shall
communicate to the depositary the manner of calculation
pursuant to paragraph 1 of this Article, or the result of the
conversion in paragraph 2 of this Article as the case may be,
when depositing an instrument of ratification, acceptance,
approval of or accession to this Convention and whenever
there is a change in either.

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Article 24

Review of limits

does not involve the nullity of the whole contract, which shall
remain subject to the provisions of this Convention.

1. Without prejudice to the provisions of Article 25 of this
Convention and subject to paragraph 2 below, the limits of
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 of the fifth year following the date of
entry into force of this Convention, or if the Convention does
not enter into force within five years of the date it is first open
for signature, within the first year of its entry into force, by
reference to an inflation factor which corresponds to the accu-
mulated rate of inflation since the previous revision or in the
first instance since the date of entry into force of the Conven-
tion. The measure of the rate of inflation to be used in deter-
mining the inflation factor shall be the weighted average of the
annual rates of increase or decrease in the Consumer Price
Indices of the States whose currencies comprise the Special
Drawing Right mentioned in paragraph 1 of Article 23.

If

2.
the review referred to in the preceding paragraph
concludes that the inflation factor has exceeded 10 per cent,
the Depositary shall notify States Parties of a revision of the
limits of 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 of
the States Parties register their disapproval, the revision shall
not become effective and the Depositary shall refer the matter
to a meeting of the States Parties. The Depositary shall imme-
diately notify all States Parties of the coming into force of any
revision.

3.
Notwithstanding paragraph 1 of this Article, the proce-
dure referred to in paragraph 2 of this Article shall be applied
at any time provided that one-third of the States Parties express
a desire to that effect and upon condition that the inflation
factor referred to in paragraph 1 has exceeded 30 per cent
since the previous revision or since the date of entry into force
of this Convention if there has been no previous revision.
Subsequent reviews using the procedure described in paragraph
1 of this Article will take place at five-year intervals starting at
the end of the fifth year following the date of the reviews under
the present paragraph.

Article 25

Stipulation on limits

A carrier may stipulate that the contract of carriage shall be
subject to higher limits of liability than those provided for in
this Convention or to no limits of liability whatsoever.

Article 26

Invalidity of contractual provisions

Any provision tending to relieve the carrier of liability or to fix
a lower limit than that which is laid down in this Convention
shall be null and void, but the nullity of any such provision

Article 27

Freedom to contract

Nothing contained in this Convention shall prevent the carrier
from refusing to enter into any contract of carriage, from
waiving any defences available under the Convention, or from
laying down conditions which do not conflict with the provi-
sions of this Convention.

Article 28

Advance payments

if required by its national

In the case of aircraft accidents resulting in death or injury of
passengers, the carrier shall,
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 of such persons. Such
advance payments shall not constitute a recognition of liability
and may be offset against any amounts subsequently paid as
damages by the carrier.

Article 29

Basis of claims

In the carriage of 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 of 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 recover-
able.

Article 30

Servants, agents — aggregation of claims

1.
If an action is brought against a servant or agent of the
carrier arising out of damage to which the Convention relates,
such servant or agent, if they prove that they acted within the
scope of their employment, shall be entitled to avail themselves
of the conditions and limits of liability which the carrier itself is
entitled to invoke under this Convention.

The aggregate of

2.
the amounts recoverable from the
carrier, its servants and agents, in that case, shall not exceed the
said limits.

3.
Save in respect of the carriage of cargo, the provisions of
paragraphs 1 and 2 of this Article shall not apply if it is proved
that the damage resulted from an act or omission of the
servant or agent done with intent to cause damage or recklessly
and with knowledge that damage would probably result.

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Article 31

Timely notice of complaints

1.
Receipt by the person entitled to delivery of 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 of carriage or with the record
preserved by the other means referred to in paragraph 2 of
Article 3 and paragraph 2 of Article 4.

2.
In the case of damage, the person entitled to delivery
must complain to the carrier forthwith after the discovery of
the damage, and, at the latest, within seven days from the date
of receipt in the case of checked baggage and 14 days from the
date of receipt in the case of cargo. In the case of delay, the
complaint must be made at the latest within 21 days from the
date on which the baggage or cargo have been placed at his or
her disposal.

Every complaint must be made in writing and given or

3.
dispatched within the times aforesaid.

If no complaint is made within the times aforesaid, no
4.
action shall lie against the carrier, save in the case of fraud on
its part.

Article 32

Death of person liable

In the case of the death of the person liable, an action for
damages lies in accordance with the terms of this Convention
against those legally representing his or her estate.

Article 33

Jurisdiction

1.
An action for damages must be brought, at the option of
the plaintiff, in the territory of one of the States Parties, either
before the court of the domicile of the carrier or of its principal
place of business, or where it has a place of business through
which the contract has been made or before the court at the
place of destination.

2.
In respect of damage resulting from the death or injury of
a passenger, an action may be brought before one of the courts
mentioned in paragraph 1 of this Article, or in the territory of
a State Party in which at the time of the accident the passenger
has his or her principal and permanent residence and to or
from which the carrier operates services for the carriage of
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 of carriage of passen-
gers by air from premises leased or owned by the carrier itself
or by another carrier with which it has a commercial agree-
ment.

(b) ‘principal and permanent residence’ means the one fixed
and permanent abode of the passenger at the time of the
accident. The nationality of the passenger shall not be the
determining factor in this regard.

Questions of procedure shall be governed by the law of

4.
the court seised of the case.

Article 34

Arbitration

Subject to the provisions of this Article, the parties to the
1.
contract of carriage for cargo may stipulate that any dispute
relating to the liability of the carrier under this Convention
shall be settled by arbitration. Such agreement shall be in
writing.

2.
The arbitration proceedings shall, at the option of the
claimant, take place within one of the jurisdictions referred to
in Article 33.

The arbitrator or arbitration tribunal shall apply the

3.
provisions of this Convention.

4.
The provisions of paragraphs 2 and 3 of this Article shall
be deemed to be part of every arbitration clause or agreement,
and any term of such clause or agreement which is inconsistent
therewith shall be null and void.

Article 35

Limitation of actions

The right to damages shall be extinguished if an action is
1.
not brought within a period of two years, reckoned from the
date of 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.

The method of calculating that period shall be deter-

2.
mined by the law of the court seised of the case.

Article 36

Successive carriage

1.
In the case of carriage to be performed by various succes-
sive carriers and falling within the definition set out in para-
graph 3 of Article 1, each carrier which accepts passengers,
baggage or cargo is subject to the rules set out in this Conven-
tion and is deemed to be one of the parties to the contract of
carriage in so far as the contract deals with that part of the
carriage which is performed under its supervision.

3.

For the purposes of paragraph 2,

(a) ‘commercial agreement’ means an agreement, other than an
agency agreement, made between carriers and relating to
the provision of their joint services for carriage of passen-
gers by air;

In the case of carriage of this nature, the passenger or any
2.
person entitled to compensation in respect of 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.

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As regards baggage or cargo, the passenger or consignor
3.
will have a right of action against the first carrier, and the
passenger or consignee who is entitled to delivery will have a
right of 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 of recourse against third parties

Article 40

Respective liability of contracting and actual carriers

If an actual carrier performs the whole or part of 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 of this Convention, the former
for the whole of the carriage contemplated in the contract, the
latter solely for the carriage which it performs.

Nothing in this Convention shall prejudice the question
whether a person liable for damage in accordance with its
provisions has a right of recourse against any other person.

Article 41

Mutual liability

CHAPTER IV

Combined carriage

Article 38

Combined carriage

1.
In the case of combined carriage performed partly by air
and partly by any other mode of carriage, the provisions of this
Convention shall, subject to paragraph 4 of Article 18, apply
only to the carriage by air, provided that the carriage by air
falls within the terms of Article 1.

Nothing in this Convention shall prevent the parties in
2.
the case of combined carriage from inserting in the document
of air carriage conditions relating to other modes of carriage,
provided that the provisions of this Convention are observed as
regards the carriage by air.

1.
The acts and omissions of the actual carrier and of its
servants and agents acting within the scope of their employ-
ment shall, in relation to the carriage performed by the actual
carrier, be deemed to be also those of the contracting carrier.

2.
The acts and omissions of the contracting carrier and of
its servants and agents acting within the scope of their employ-
ment shall, in relation to the carriage performed by the actual
carrier, be deemed to be also those of the actual carrier. Never-
theless, 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 of rights or defences conferred by this Convention
or any special declaration of interest in delivery at destination
contemplated in Article 22 shall not affect the actual carrier
unless agreed to by it.

Article 42

Addressee of complaints and instructions

CHAPTER V

Carriage by air performed by a person other than the contracting
carrier

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 39

Contracting carrier actual carrier

Article 43

Servants and agents

The provisions of this Chapter apply when a person (herein-
after referred to as ‘the contracting carrier’) as a principal makes
a contract of carriage governed by this Convention with a
passenger or consignor or with a person acting on behalf of
the passenger or consignor, and another person (hereinafter
referred to as ‘the actual carrier’) performs, by virtue of
authority from the contracting carrier, the whole or part of the
carriage, but is not with respect to such part a successive
carrier within the meaning of this Convention. Such authority
shall be presumed in the absence of proof to the contrary.

In relation to the carriage performed by the actual carrier, any
servant or agent of that carrier or of the contracting carrier
shall, if they prove that they acted within the scope of their
employment, be entitled to avail themselves of the conditions
and limits of liability which are applicable under this Conven-
tion to the carrier whose servant or agent they are, unless it is
proved that they acted in a manner that prevents the limits of
liability from being invoked in accordance with this Conven-
tion.

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Article 44

Aggregation of damages

In relation to the carriage performed by the actual carrier, the
aggregate of the amounts recoverable from that carrier and the
contracting carrier, and from their servants and agents acting
within the scope of 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 of the persons mentioned shall be liable for a sum in
excess of the limit applicable to that person.

Article 45

Addressee of claims

In relation to the carriage performed by the actual carrier, an
action for damages may be brought, at the option of the
plaintiff, against
that carrier or the contracting carrier, or
against both together or separately. If the action is brought
against only one of those carriers, that carrier shall have the
right to require the other carrier to be joined in the proceed-
ings, the procedure and effects being governed by the law of
the court seised of the case.

Article 46

Additional jurisdiction

Any action for damages contemplated in Article 45 must be
brought, at the option of the plaintiff, in the territory of one of
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 of
business.

CHAPTER VI

Other provisions

Article 49

Mandatory application

Any clause contained in the contract of 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 oper-
ates to furnish evidence that it maintains adequate insurance
covering its liability under this Convention.

Article 51

Carriage Performed in Extraordinary Circumstances

The provisions of Articles 3 to 5, 7 and 8 relating to the
documentation of carriage shall not apply in the case of
carriage performed in extraordinary circumstances outside the
normal scope of a carrier's business.

Article 52

Definition of days

Article 47

The expression ‘days’ when used in this Convention means
calendar days, not working days.

Invalidity of contractual provisions

Any contractual provision tending to relieve the contracting
carrier or the actual carrier of 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 of any such
provision does not involve the nullity of the whole contract,
which shall remain subject to the provisions of this Chapter.

CHAPTER VII

Final clauses

Article 53

Article 48

Mutual relations of contracting and actual carriers

Except as provided in Article 45, nothing in this Chapter shall
affect the rights and obligations of the carriers between them-
selves,

including any right of recourse or indemnification.

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
1999. After 28 May 1999, the Convention shall be open to all
States for signature at the Headquarters of the International
Civil Aviation Organization in Montreal until
it enters into
force in accordance with paragraph 6 of this Article.

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This Convention shall similarly be open for signature by
2.
Regional Economic Integration Organisations. For the purpose
of this Convention, a ‘Regional Economic Integration Organisa-
tion’ means any organisation which is constituted by sovereign
States of a given region which has competence in respect of
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 of Article 1,
paragraph 1(b) of Article 3, paragraph (b) of Article 5, Articles
23, 33, 46 and paragraph (b) of Article 57, applies equally to a
Regional Economic Integration Organisation. For the purpose
of Article 24, the references to ‘a majority of the States Parties’
and ‘one-third of
the States Parties’ shall not apply to a
Regional Economic Integration Organisation.

(e) any denunciation under Article 54.

Article 54

Denunciation

Any State Party may denounce this Convention by

1.
written notification to the Depositary.

Denunciation shall take effect 180 days following the

2.
date on which notification is received by the Depositary.

3.
This Convention shall be subject to ratification by States
and by Regional Economic Integration Organisations which
have signed it.

Article 55

Any State or Regional Economic Integration Organisation
4.
which does not sign this Convention may accept, approve or
accede to it at any time.

5.
Instruments of ratification, acceptance, approval or acces-
sion 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 of deposit of the thirtieth instrument of
ratification, acceptance, approval or accession with the Deposi-
tary between the States which have deposited such instrument.
An instrument deposited by a Regional Economic Integration
Organisation shall not be counted for the purpose of this
paragraph.

7.
For other States and for other Regional Economic Integra-
tion Organisations, this Convention shall take effect 60 days
following the date of deposit of the instrument of ratification,
acceptance, approval or accession.

The Depositary shall promptly notify all signatories and

8.
States Parties of:

(a) each signature of this Convention and date thereof;

(b) each deposit of an instrument of ratification, acceptance,

approval or accession and date thereof;

Relationship with other Warsaw Convention Instruments

This Convention shall prevail over any rules which apply to
international carriage by air:

1. between States Parties to this Convention by virtue of those

States commonly being Party to

(a) the Convention for the Unification of 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 Unifica-
tion of 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 Conven-
tion, for the Unification of Certain Rules Relating to
International Carriage by Air Performed by a Person
Other than the Contracting Carrier, signed at Guadala-
jara on 18 September 1961 (hereinafter called the
Guadalajara Convention);

(d) the Protocol to Amend the Convention for the Unifica-
tion of 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 Guate-
mala City Protocol signed at Montreal on 25 September
1975 (hereinafter called the Montreal Protocols); or

(c) the date of entry into force of this Convention;

(d) the date of the coming into force of any revision of the
limits of liability established under this Convention;

2. within the territory of any single State Party to this Conven-
tion by virtue of that State being Party to one or more of
the instruments referred to in subparagraphs (a)
to (e)
above.

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Article 56

States with more than one system of law

1.
If a State has two or more territorial units in which
different systems of law are applicable in relation to matters
dealt with in this Convention, it may at the time of signature,
ratification, acceptance, approval or accession declare that this
Convention shall extend to all its territorial units or only to
one or more of them and may modify this declaration by
submitting another declaration at any time.

Any such declaration shall be notified to the Depositary
2.
and shall state expressly the territorial units to which the
Convention applies.

In relation to a State Party which has made such a

3.
declaration:

(a) references in Article 23 to ‘national currency’ shall be
construed as referring to the currency of the relevant terri-
torial unit of that State; and

(b) the reference in Article 28 to ‘national

law’ shall be
construed as referring to the law of the relevant territorial
unit of 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:

(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

(b) the carriage of persons, cargo and baggage for its military
authorities on aircraft registered in or leased by that State
Party, the whole capacity of which has been reserved by or
on behalf of such authorities.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, having
been duly authorized, have signed this Convention.

DONE at Montreal on the 28th day of May of 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 of the International Civil Aviation Organization,
and certified copies thereof shall be transmitted by the Deposi-
tary 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.