Proposal for a Council Decision on the approval by the European Communities of the Convention for the unification of certain rules for international carriage by air (the Montreal Convention)
Date: 2000-07-14
Institutions: European Commission
Subjects: air transport, application of EU law, carrier, indemnification, transport accident

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Proposal for a Council Decision on the approval by the European Communities of the Convention
for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention)

(2000/C 337 E/37)

(Text with EEA relevance)

COM(2000) 446 final (cid:15) 2000/0193(CNS)

(Submitted by the Commission on 17 July 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
in conjunction
Community, and in particular Article 80(2)
with the first sentence of the first subparagraph of Article
300(2) and the first subparagraph of Article 300(3) thereof,

(5) The Community and its Member States share competence
in the matters covered by the Montreal Convention and it
is therefore necessary for the Community and its Member
in order to guarantee
States simultaneously to ratify it
uniform and complete application of its provisions within
the European Union,

Having regard to the proposal from the Commission,

HAS DECIDED AS FOLLOWS:

Having regard to the opinion of the European Parliament,

Whereas:

(1) It is beneficial

for European Community air carriers to
operate under uniform and clear rules regarding their
liability for damage and that such rules should be the
same as those applicable to carriers from third countries.

(2) The Community took part in the Diplomatic Conference
convened on 8 May 1999 in Montreal, which resulted in
the Convention for the Unification of
the adoption of
Certain Rules
(the
Montreal Convention).

International Carriage by Air

for

(3) Regional Economic Integration Organisations which have
competence in respect of certain matters governed by the
Montreal Convention may be parties to it.

(4) The Community signed the Montreal Convention on 9

December 1999.

Article 1

The Convention, called the Montreal Convention, of 28 May
1999 for the Unification of Certain Rules for International
Carriage by Air
the
European Community. The text of the Convention is attached
to this Decision as Annex A.

is hereby approved on behalf of

Article 2

The President of the Council shall deposit, on behalf of the
European Community, the instrument of ratification with the
Secretary General of the International Civil Aviation Organi-
sation in accordance with Article 53 of
the Convention,
together with the Declaration of Competence attached to this
Decision as Annex B.

the European Community
The instrument of ratification of
shall be deposited simultaneously with the instruments of rati-
fication of all the Member States.

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

ANNEX A

THE STATES PARTIES TO THIS CONVENTION

RECOGNISING the significant contribution of the Convention for the Unification of 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 harmonisation of private international air law;

RECOGNISING, the need to modernise and consolidate the Warsaw Convention and related instruments;

RECOGNISING 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 harmonisation and codification of certain rules
governing international 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

This Convention applies to all

1.
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.

this Convention,

For the purposes of

2.
the expression
>international? 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
territory of another State is not international carriage for the
purposes of this Convention.

for

this Convention,

the purposes of

Carriage to be performed by several successive carriers is
3.
deemed,
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 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
territory of the same State.

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

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;

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

Any other means which preserves

2.
the information
indicated 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

3.
identification tag for each piece of 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 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 4

Cargo

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

1.
delivered.

the
Any other means which preserves a record of
2.
carriage to be performed may be substituted for the delivery
of an air waybill. If such other means are used, the carrier
to the
shall,
so requested by the consignor, deliver
consignor a cargo receipt permitting identification of
the
consignment and access to the information contained in the
record preserved by such other means.

if

(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,
the cargo.
to deliver a document
This provision creates for the carrier no duty, obligation or
liability resulting therefrom.

indicating the nature of

if necessary to meet

Article 7

Description of Air Waybill

The air waybill shall be made out by the consignor in

1.
three original parts.

The first part shall be marked >for the carrier?; it shall be
2.
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 8

Documentation for Multiple Packages

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;

Article 5

Contents of Air Waybill or Cargo Receipt

The air waybill or the cargo receipt shall include:

(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.

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

Article 9

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

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

to the rules of

Non-compliance with Documentary Requirements

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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

indemnify the carrier against all
2.
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.

Subject to the provisions of paragraphs 1 and 2 of this
3.
indemnify the consignor against all
Article, the carrier shall
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 conditions of carriage mentioned
therein.

the cargo and of

Any statements in the air waybill or the cargo receipt
2.
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

prejudice the carrier or other consignors and must reimburse
any expenses occasioned by the exercise of this right.

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

the cargo without

3.
If the carrier carries out the instructions of the consignor
requiring the
for
the disposition of
production 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.

The right conferred on the consignor ceases at

4.
moment when that of
with Article 13. Nevertheless,
accept
consignor resumes its right of disposition.

the
the consignee begins in accordance
the consignee declines to
the

if
the cargo, or cannot be communicated with,

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 interest
of another, provided that it carries out the obligations imposed
by the contract of carriage.

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

Article 15

Relations of Consignor and Consignee or Mutual Relations
of Third Parties

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

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

Article 18

Damage to Cargo

Article 16

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.

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.

However, the carrier is not liable if and to the extent it
2.
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;

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

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

CHAPTER III

LIABILITY OF THE CARRIER AND EXTENT OF COMPEN-
SATION FOR DAMAGE

Article 17

Death and Injury of Passengers 4 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
event which caused the
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 extent that the damage resulted from the inherent
defect, quality or vice of the baggage. 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.

If the carrier admits the loss of the checked baggage, or if
3.
the checked baggage has not arrived at
the expiration of
twenty-one days after the date on which it ought to have
arrived,
the
carrier the rights which flow from the contract of carriage.

is entitled to enforce against

the passenger

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

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

the entry, exit or transit of the cargo.

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

for carriage by air,

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 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

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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
in this Convention,
including paragraph 1 of Article 21.

the liability provisions

to all

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:

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

(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

In the case of damage caused by delay as specified in
the
limited to 4 150 Special

1.
Article 19 in the carriage of persons,
carrier
each passenger
Drawing Rights.

the liability of

for

is

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 consignor’s actual interest in delivery at
destination.

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
receipt or,
issued, by the same record
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

The foregoing provisions of paragraphs 1 and 2 of this
5.
Article shall not apply if it is proved that the damage resulted
from an act or omission of 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 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.

the court

from awarding,

The limits prescribed in Article 21 and in this Article
6.
shall not prevent
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
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
causing the damage, or before the commencement of
the
action, if that is later.

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 kilogramme, unless
the
the time when the package was
consignor has made, at

Article 23

Conversion of Monetary Units

1.
The sums mentioned in terms of Special Drawing Right
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
shall be
calculated in accordance with the method of valuation
in effect at the
applied by the International Monetary Fund,
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 Inter-
national Monetary Fund, shall be calculated in a manner
determined by that State.

the International Monetary Fund,

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liability of

Nevertheless, those States which are not Members of the
2.
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
the carrier
the limit of
thereafter, declare that
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
to paragraph 2 of Article 22; and
passenger with respect
250 monetary units per
to
kilogramme with respect
paragraph 3 of Article 22. This monetary unit corresponds
to sixty-five and a half milligrammes of gold of millesimal
fineness nine hundred. These sums may be converted into
currency concerned in round figures. The
the national
conversion of
these sums into national currency shall be
made according to the law of the State concerned.

The calculation mentioned in the last

sentence of
3.
paragraph 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
from the
amounts in Articles 21 and 22 as would result
application of the first three sentences of paragraph 1 of this
Article. States 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.

Article 24

Review of Limits

five-year intervals,
the end of

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
the first
such review to take place at
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 accumulated rate of
inflation since the
previous revision or in the first instance since the date of
entry into force of the Convention. The measure of the rate
of inflation to be used in determining 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
immediately notify all States Parties of the coming into force
of any revision.

this Article,

Notwithstanding paragraph 1 of

the
3.
procedure 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
there has been no
this Convention if
previous revision. Subsequent reviews using the procedure
described in paragraph 1 of this Article will take place at
the fifth year
five-year
following the date of the reviews under the present paragraph.

the end of

starting at

intervals

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

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
provisions 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
shall not be
recoverable.

any other non-compensatory damages

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Article 30

Servants, Agents 4 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
the
the damage resulted from an act or omission of
that
servant or agent done with intent to cause damage or recklessly
and with knowledge that damage would probably result.

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 fourteen days
from the date of receipt in the case of cargo. In the case of
delay,
the latest within
twenty-one days from the date on which the baggage or
cargo have been placed at his or her disposal.

the complaint must be made at

Every complaint must be made in writing and given or

3.
dispatched within the times aforesaid.

4.
If no complaint is made within the times aforesaid, no
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

its
the domicile of
before the court of
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.

the carrier or of

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
its business of carriage of
which that carrier conducts
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 of paragraph 2,

(a) >commercial agreement? means an agreement, other than an
agency agreement, made between carriers and relating to
for carriage of
joint
the provision of
passengers by air;

services

their

(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

1.
Subject to the provisions of this Article, the parties to the
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

1.
The right to damages shall be extinguished if an action is
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.

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The method of

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

calculating

that period shall be

Article 36

Successive Carriage

In the case of carriage to be performed by various
1.
successive carriers and falling within the definition set out in
paragraph 3 of 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 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.

In the case of carriage of this nature, the passenger or
2.
any 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.

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

provided that the provisions of 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 4 Actual Carrier

The provisions of this Chapter apply when a person (here-
inafter 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 (here-
inafter 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
Such
authority shall be presumed in the absence of proof to the
contrary.

this Convention.

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.

2.
Nothing in this Convention shall prevent the parties in
the case of combined carriage from inserting in the document
of air carriage conditions relating to other modes of carriage,

and agents

The acts and omissions of the actual carrier and of its
their
acting within the
in relation to the carriage performed by
the

1.
servants
employment shall,
the actual carrier, be deemed to be also those of
contracting carrier.

scope of

2.
The acts and omissions of the contracting carrier and of
its servants and agents acting within the scope of
their
in relation to the carriage performed by
employment shall,
the actual carrier, be deemed to be also those of 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 of rights or defences conferred by
this Convention or any special declaration of
in
delivery at destination contemplated in Article 22 shall not
affect the actual carrier unless agreed to by it.

interest

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Article 42

Article 47

Addressee of Complaints and Instructions

Invalidity of Contractual Provisions

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.

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.

Article 43

Servants and Agents

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
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 of liability from being invoked in accordance with
this Convention.

liability which are applicable under

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
that carrier or the contracting carrier, or
plaintiff, against
against both together or separately. If the action is brought
against only one of those carriers, that carrier shall have the
right
to be joined in the
proceedings, the procedure and effects being governed by the
law of the court seised of the case.

to require the other carrier

the option of

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
the contracting carrier, as provided in
be brought against
the
Article 33, or before the court having jurisdiction at
place where
its
its domicile or
principal place of business.

carrier has

the actual

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.

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
operates
it maintains adequate
insurance covering its liability under this Convention.

to furnish evidence that

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

The expression >days? when used in this Convention means
calendar days, not working days.

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

2.
This Convention shall similarly be open for signature by
Regional Economic Integration Organisations. For the purpose
of this Convention, a >Regional Economic Integration Organi-
sation? 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 authorised to sign and to ratify, accept, approve or
accede to this Convention. A reference to a >State Party? or
>States
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 Inte-
the
gration Organisation. For
references to >a majority of the States Parties? and >one-third
of the States Parties? shall not apply to a Regional Economic
Integration Organisation.

in this Convention, otherwise

the purpose of Article 24,

Parties?

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

approval or accession and date thereof;

(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;

(e) any denunciation under Article 54.

Article 54

Denunciation

Any State Party may denounce this Convention by

1.
written notification to the Depositary.

2.
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:

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

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

States commonly being Party to

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

ratification,

Instruments of

approval or
5.
accession shall be deposited with the International Civil
Aviation Organisation, which is hereby designated the
Depositary.

acceptance,

acceptance,

6.
This Convention shall enter into force on the sixtieth day
following the date of deposit of the thirtieth instrument of
ratification,
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
of this paragraph.

approval or

For other States and for other Regional Economic Inte-
7.
gration Organisations, this Convention shall take effect sixty
days following the date of deposit of the instrument of ratifi-
cation, 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;

(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 Unifi-
cation of Certain Rules Relating to International
Carriage by Air Signed at Warsaw on 12 October
1929, Done at The Hague on 28 September 1955 (here-
inafter called The Hague Protocol);

Supplementary

the Warsaw
(c) the Convention,
Convention,
the Unification of Certain Rules
for
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);

to

(d) the Protocol to Amend the Convention for the Unifi-
cation 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);

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(e) Additional Protocol Nos. 1 to 3 and Montreal Protocol
No. 4 to amend the Warsaw Convention as amended by
the Warsaw Convention as
The Hague Protocol or
amended by both The Hague Protocol
and the
Guatemala City Protocol Signed at Montreal on 25
September 1975 (hereinafter
the Montreal
Protocols); or

called

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

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.

2.
Any such declaration shall be notified to the Depositary
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 authorised, 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 Organisation, 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.

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ANNEX B

Declaration concerning the competence of the European Community with regard to matters
governed by the Convention of 28 May 1999 for the unification of certain rules for international
carriage by air (the Montreal Convention)

1. The Montreal Convention provides that Regional Economic Integration Organisations constituted by
sovereign States of a given region, which have competence in respect of certain matters governed by
this Convention, may become parties to it.

2. The current Members States of the European Community are the Kingdom of Belgium, the Kingdom of
Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French
Republic,
the
Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom
of Sweden and the United Kingdom of Great Britain and Northern Ireland.

the Grand Duchy of Luxembourg,

the Italian Republic,

the Kingdom of

Ireland,

3. This declaration is not applicable to the territories of the Member States in which the Treaty estab-
lishing the European Community does not apply and is without prejudice to such acts or positions as
may be adopted under the Convention by the Member States concerned on behalf of and in the
interests of those territories.

4. In respect of matters covered by the Convention, the Member States of the European Community have
transferred competence to the Community for liability for damage sustained in case of death or bodily
injury of a passenger. [The Member States have also transferred competence for liability for damage
caused by delay and in the case of destruction, loss, damage or delay in the carriage of baggage.] (1) This
includes requirements on passenger information and a minimum insurance requirement. Hence, in this
field, it is for the Community to adopt the relevant rules and regulations (which the Member States
enforce) and within its competence to enter into external undertakings with third States or competent
organisations.

5. The exercise of competence which the Member States have transferred to the Community pursuant to
the EC Treaty is, by its nature, liable to continuous development. In the framework of the Treaty, the
competent institutions may take decisions which determine the extent of the competence of the
European Community. The European Community therefore reserves the right to amend the present
declaration accordingly, without this constituting a prerequisite for the exercise of its competence with
regard to matters governed by the Montreal Convention.

(1) Sentence is to be added in case amendment to Regulation (EC) No 2027/97 is adopted before the ratification of the

Montreal Convention.