Document ID: chunk:federal_register_of_legislation:C2021C00236:schedule:5:p1
Version: federal_register_of_legislation:C2021C00236
Segment Type: schedule
Provision Reference: sch 5 (pt 1/24)
Character Range: 207256–209995

Schedule 5—The Montreal No. 4 Convention
Note: See section 8.
("WARSAW CONVENTION AS AMENDED AT THE HAGUE, 1955, AND BY PROTOCOL NO. 4 OF MONTREAL, 1975")
Article XV of the Montreal Protocol No. 4 and Article XIX of the Hague Protocol together provide that, as between parties to the Montreal Protocol No. 4, that Protocol, the Hague Protocol and the Warsaw Convention are to be read and interpreted together as one single instrument.
The text in this Schedule contains:
     (a) the operative provisions of the Warsaw Convention as modified by Chapter I of the Hague Protocol and Chapter I of the Montreal Protocol No. 4; and
     (b) the remaining provisions of the Hague Protocol and the Montreal Protocol No. 4.

OPERATIVE PROVISIONS OF THE WARSAW CONVENTION, AS MODIFIED BY THE HAGUE AND MONTREAL NO. 4 PROTOCOLS

Chapter I—Scope—Definitions
Article 1
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 international 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 territories of two High Contracting Parties or within the territory of a single High Contracting Party if there is an agreed stopping place within the territory of another State, even if that State is not a High Contracting Party. Carriage between two points within the territory of a single High Contracting Party without an agreed stopping place within the territory of another State is not international carriage for the purpose of this Convention.
3. Carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form 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.
Article 2
1. The 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