Montreal Convention May 28, 1999

Scope of Application. 1. This Convention applies to all international transportation of persons, baggage or cargo performed by aircraft, in exchange for remuneration. It applies equally to free transportation performed by aircraft by an air transport enterprise. 2. For the purposes of this Convention, the expression international transportation means all transportation in which, in accordance with what is stipulated by the parties, the point of departure and the point of destination, whether or not there is interruption in the transportation or transshipment, are situated, either in the territory of two States Parties, or in the territory of a single State Party if a stopover has been provided for in the territory of any other State, even if that State is not a State Party. Transportation between two points within the territory of a single State Party, without an agreed stopover in the territory of another State, shall not be considered international transportation for the purposes of this Convention. 3. Transportation that is to be performed by several successive carriers shall constitute, for the purposes of this Convention, a single transportation when the parties have considered it as a single operation, whether or not it has been the subject of a single contract or a series of contracts, and shall not lose its international character by reason of the fact that a single contract or a series of contracts is to be performed entirely in the territory of the same State. 4. This Convention also applies to transportation provided for in Chapter V, subject to the conditions established therein.

Transportation Performed by the State and Transportation of Postal Items. 1. This Convention applies to transportation performed by the State or other legal entities governed by public law under the conditions established in Article 1. 2. In the transportation of postal items, the carrier shall be responsible solely to the corresponding postal administration, in accordance with the rules applicable to relationships between carriers and postal administrations. 3. Except as provided in paragraph 2 of this article, the provisions of this Convention shall not apply to the transportation of postal items. CHAPTER II Documentation and Obligations of the Parties Relating to the Transportation of Passengers, Baggage and Cargo.

Passengers and Baggage. 1. In the transportation of passengers, a document of transportation, individual or collective, shall be issued containing:

• a)

  The indication of the points of departure and destination;

• b)

  If the points of departure and destination are situated in the territory of a single State Party and one or more stopovers have been provided for in the territory of another State, the indication of at least one of those stopovers. 2. Any other means by which the information indicated in paragraph 1 is recorded may replace the issuance of the document mentioned in that paragraph. If one of those means is used, the carrier shall offer the passenger the issuance of a written statement of the information preserved by those means. 3. The carrier shall deliver to the passenger a baggage identification tag for each piece of baggage checked. 4. The passenger shall be delivered a written notice indicating that when this Convention is applicable, it shall govern the carrier's liability for death or injury, and for destruction, loss or damage to baggage, and for delay. 5. Non-compliance with the provisions of the preceding paragraphs shall not affect the existence or validity of the contract of transportation which, nevertheless, shall be subject to the rules of this Convention including those relating to limits of liability.

Cargo. 1. In the transportation of cargo, an air waybill shall be issued. 2. Any other means by which a record of the transportation to be performed is made may replace the issuance of the air waybill. If other means are used, the carrier shall deliver to the shipper, if the latter so requests, a cargo receipt that permits identification of the shipment and access to the information recorded and preserved by those means.

Contents of the Air Waybill or Cargo Receipt. The air waybill or cargo receipt shall include:

• a)

  The indication of the points of departure and destination;

• b)

  If the points of departure and destination are situated in the territory of a single State Party and one or more stopovers have been provided for in the territory of another State, the indication of at least one of those stopovers; and c) the indication of the weight of the shipment.

Document Relating to the Nature of Cargo. The shipper may be required, if it is necessary to comply with the formalities of customs, police and other 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.

Description of the Air Waybill. 1. The air waybill shall be drawn up by the shipper in three original copies. 2. The first copy shall bear the indication "for the carrier", and shall be signed by the shipper. The second copy shall bear the indication "for the consignee", and shall be signed by the shipper and the carrier. The third copy shall be signed by the carrier, who shall deliver it to the shipper, upon acceptance of the cargo. 3. The signature of the carrier and that of the shipper may be printed or replaced by a stamp. 4. If, at the request of the shipper, the carrier draws up the air waybill, it shall be deemed, absent proof to the contrary, that the carrier has acted on behalf of the shipper.

Documents for Several Pieces. When there is more than one piece:

• a)

  The cargo carrier shall have the right to require the shipper to draw up separate air waybills;

• b)

  The shipper shall have the right to require the carrier to deliver separate cargo receipts when the other means provided for in paragraph 2 of Article 4 are used.

Non-Compliance with Document Requirements. Non-compliance with the provisions of Articles 4 to 8 shall not affect the existence or validity of the contract of transportation which, nevertheless, shall be subject to the rules of this Convention, including those relating to limits of liability.

Liability for Indications Entered in Documents. 1. The shipper is responsible for the accuracy of the indications and declarations concerning the cargo entered by him or on his behalf in the air waybill, or made by him or on his behalf to the carrier for inscription in the cargo receipt or for inclusion in the record preserved by the other means mentioned in paragraph 2 of Article 4. The foregoing shall apply also when the person acting on behalf of the shipper is also an employee of the carrier. 2. The shipper shall indemnify the carrier for all damage that the latter has suffered, or any other person with respect to which the carrier is liable, as a consequence of irregular, inaccurate or incomplete indications and declarations made by him or on his behalf. 3. Subject to the provisions of paragraphs 1 and 2 of this article, the carrier shall indemnify the shipper for all damage that the latter has suffered, or any other person with respect to which the shipper is liable, as a consequence of irregular, inaccurate or incomplete indications and declarations entered by the carrier or on his behalf in the cargo receipt or in the record preserved by the other means mentioned in paragraph 2 of Article 4.

Evidentiary Value of Documents. 1. Both the air waybill and the cargo receipt constitute a presumption, absent proof to the contrary, of the conclusion of the contract, of the acceptance of the cargo and of the conditions of transportation that they contain. 2. The statements in the air waybill or cargo receipt relating to the weight, dimensions and packing of the cargo, as well as to the number of pieces constitute a presumption, absent proof to the contrary, of the facts stated; the indications relating to the quantity, volume and condition of the cargo do not constitute proof against the carrier, unless the carrier has verified them in the presence of the shipper and they have been recorded in the air waybill or cargo receipt, or unless they relate to indications regarding the apparent condition of the cargo.

Right of Disposition of the Cargo. 1. The shipper has the right, on condition that he complies with all the obligations arising from the contract of transportation, to dispose of the cargo by withdrawing it from the airport of departure or destination, or stopping it in the course of the journey in the event of a landing, or having it delivered at the place of destination or in the course of the journey to a person other than the originally designated consignee, or requesting that it be returned to the airport of departure. The shipper shall not exercise this right of disposition in a manner that would prejudice the carrier or other shippers and must reimburse all expenses occasioned by the exercise of this right. 2. In the event that it is impossible to execute the shipper's instructions, the carrier shall notify him immediately. 3. If the carrier complies with the shipper's instructions regarding the disposition of the cargo without requiring presentation of the copy of the air waybill or cargo receipt delivered to the latter, it shall be responsible, without prejudice to its right to recover from the shipper, for the damage that could be caused by this fact to whoever is legally in possession of that copy of the air waybill or cargo receipt. 4. The right of the shipper ceases at the moment when that of the consignee begins, in accordance with

However, if the consignee refuses to accept the cargo or if it is not found, the shipper shall recover his right of disposition.

Delivery of Cargo. 1. Except when the shipper has exercised his right pursuant to Article 12, the consignee shall have the right, from the arrival of the cargo at the place of destination, to request from the carrier that it deliver the cargo to him in exchange for payment of the amount due and compliance with the conditions of transportation. 2. Unless otherwise stipulated, the carrier must notify the consignee of the arrival of the cargo, as soon as it arrives. 3. If the carrier admits the loss of the cargo, or if the cargo has not arrived upon the expiration of seven days following the date on which it should have arrived, the consignee may assert against the carrier the rights that arise from the contract of transportation.

Exercise of the Rights of the Shipper and Consignee. The shipper and the consignee may assert, respectively, all the rights granted to them by Articles 12 and 13, each in his own name, whether in his own interest or in the interest of a third party, on condition that they comply with the obligations that the contract of transportation imposes.

Relations between the shipper and the consignee and relations between third parties. 1. Articles 12, 13 and 14 do not affect the relations of the shipper and the consignee with each other, nor the relations between third parties whose rights derive from the shipper or the consignee. 2. The provisions of Articles 12, 13 and 14 may only be modified by an explicit clause included in the air waybill or in the receipt for the cargo.

Customs, police or other public authority formalities. 1. The shipper shall provide the information and documents that are necessary to comply with the formalities of customs, police and any other public authority before the delivery of the cargo to the consignee. The shipper is responsible to the carrier for all damage that could result from the lack, insufficiency or irregularity of such information or documents, unless such damage is due to the fault of the carrier, its employees or agents. 2. The carrier is not obliged to examine whether such information or documents are accurate or sufficient. CHAPTER III Liability of the carrier and measure of compensation for damage

Death and injury of passengers - Damage to baggage. 1. The carrier is liable for damage caused in case of death or bodily injury to a passenger solely because the accident that caused the death or injury occurred on board the aircraft or during any of the operations of embarkation or disembarkation. 2. The carrier is liable for damage caused in case of destruction, loss or damage to checked baggage solely because the event that caused the destruction, loss or damage occurred on board the aircraft or during any period in which the checked baggage was under the custody of the carrier. However, the carrier shall not be liable to the extent that the damage is due to the nature of the baggage, or to a defect or vice inherent in the baggage. In the case of unchecked baggage, including personal effects, the carrier is liable if the damage is due to its fault or that of its employees or agents. 3. If the carrier admits the loss of checked baggage, or if the checked baggage has not arrived at the expiry of twenty-one days following the date on which it should have arrived, the passenger may assert against the carrier the rights arising from the contract of carriage. 4. Unless otherwise stated, in this Convention the term "baggage" means both checked baggage and unchecked baggage.

Damage to cargo. 1. The carrier is liable for damage caused in case of destruction, loss or damage to cargo solely because the event that caused the damage occurred during air transport. 2. However, the carrier shall not be liable to the extent that it proves that the destruction, loss or damage to the cargo is due to one or more of the following facts:

• a)

  the nature of the cargo, or a defect or vice inherent in the cargo itself;

• b)

  defective packing of the cargo, carried out by a person other than the carrier or one of its employees or agents;

• c)

  an act of war or armed conflict;

• d)

  an act of public authority carried out in relation to the entry, exit or transit of the cargo. 3. Air transport, within the meaning of paragraph 1 of this article, comprises the period during which the cargo is under the custody of the carrier. 4. The period of air transport does not comprise any land, maritime or inland waterway transport carried out outside an airport. However, when such transport is carried out during the execution of a contract of air transport, for purposes of loading, delivery or transhipment, any damage shall be presumed, unless proven otherwise, as resulting from an event occurring during air transport. When a carrier, without the consent of the shipper, replaces all or in part the transport provided in the agreement between the parties as air transport by another mode of transport, the transport effected by another mode shall be deemed to be comprised in the period of air transport.

Delay. The carrier is liable for damage caused by delay in the air transport of passengers, baggage or cargo. However, the carrier shall not be liable for damage caused by delay if it proves that it and its employees and agents took all measures that were reasonably necessary to avoid the damage or that it was impossible for any of them to take such measures.

Exoneration. If the carrier proves that negligence or other improper action or omission of the person claiming compensation, or of the person from whom his right derives, caused or contributed to the damage, the carrier shall be exonerated, wholly or in part, from its liability with respect to the claimant, to the extent that such negligence or other improper action or omission caused or contributed to the damage. When compensation is claimed by a person other than the passenger, by reason of the death or injury of the latter, the carrier shall likewise be exonerated, wholly or in part, from its liability, to the extent that it proves that negligence or other improper action or omission of the passenger caused or contributed to the damage. This Article applies to all provisions on liability in this Convention, including paragraph 1 of Article 21.

Compensation in case of death or injury of passengers. 1. With respect to damage contemplated in paragraph 1 of Article 17 that does not exceed 100,000 Special Drawing Rights per passenger, the carrier shall not be able to exclude or limit its liability. 2. The carrier shall not be liable for damage contemplated in paragraph 1 of Article 17 to the extent that it exceeds 100,000 Special Drawing Rights per passenger, if it proves that: a) the damage was not due to the negligence or other improper action or omission of the carrier or its employees or agents; or b) the damage was due solely to the negligence or other improper action or omission of a third party.

Limits of liability with respect to delay, baggage and cargo. 1. In case of damage caused by delay, as specified in Article 19, in the transport of persons the liability of the carrier is limited to 4,150 Special Drawing Rights per passenger. 2. In the transport of baggage, the liability of the carrier in case of destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights per passenger unless the passenger has made to the carrier, upon delivery to it of the checked baggage, a special declaration of the value of the delivery of such baggage at the place of destination, and has paid a supplementary sum, if any. In this case, the carrier shall be obliged to pay a sum not exceeding the amount of the sum declared, unless it proves that such amount is greater than the real value of the delivery at the place of destination for the passenger. 3. In the transport of cargo, the liability of the carrier in case of destruction, loss, damage or delay is limited to a sum of 17 Special Drawing Rights per kilogram, unless the shipper has made to the carrier, upon delivery to it of the package, a special declaration of the value of the delivery of such cargo at the place of destination, and has paid a supplementary sum, if any. In this case, the carrier shall be obliged to pay a sum not exceeding the amount of the sum declared, unless it proves that such amount is greater than the real value of the delivery at the place of destination for the shipper. 4. In case of destruction, loss, damage or delay of a part of the cargo or of any object contained therein, to determine the sum that constitutes the limit of liability of the carrier only the total weight of the package or packages affected shall be taken into account. However, 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 included in the same air waybill, or in the same receipt or, if neither of these documents has been issued in the same record kept by other means mentioned in paragraph 2 of Article 4, to determine the limit of liability the total weight of such packages shall also be taken into account. 5. The provisions of paragraphs 1 and 2 of this article shall not apply if it is proved that the damage is the result of an action or omission of the carrier or of its employees or agents, with intent to cause damage, or recklessly and knowing that it would probably cause damage; provided that, in the case of an action or omission of an employee or agent, it is also proved that such employee or agent was acting in the exercise of his functions. 6. The limits prescribed in Article 21 and in this article shall not prevent the court from awarding, in accordance with its own law, a sum corresponding to all or part of the costs and other expenses of litigation incurred by the claimant, including interest. The foregoing provision shall not apply when the amount of compensation awarded, excluding costs and other expenses of litigation, does not exceed the sum that the carrier has offered in writing to the claimant within a period of six months from the event that caused the damage, or before the commencement of the action, if the latter date is later.

Conversion of monetary units. 1. Sums expressed in Special Drawing Rights mentioned in this Convention shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. The conversion of sums into national currencies, in the case of judicial proceedings, shall be made according to the value of such currencies in Special Drawing Rights on the date of the judgment. The value, in Special Drawing Rights, of the national currency of a State Party that is a member of the International Monetary Fund shall be calculated in accordance with the valuation method applied by the International Monetary Fund for its operations and transactions, in effect on the date of the judgment. The value, in Special Drawing Rights, of the national currency of a State Party that is not a member of the International Monetary Fund shall be calculated in the manner determined by such State. 2. However, States that are not members of the International Monetary Fund and whose legislation does not permit the application of the provisions of paragraph 1 of this Article may declare, at the time of ratification or accession or subsequently, that the limit of liability of the carrier prescribed in Article 21 is fixed in the amount of 1,500,000 monetary units per passenger in judicial proceedings conducted 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 sixty-five and one-half milligrams of gold of nine hundred thousandths fineness. These sums may be converted into the national currency in question in round figures. The conversion of these sums into national currency shall be carried out in accordance with the law of the State concerned. 3. The calculation mentioned in the last sentence of paragraph 1 of this article and the conversion method mentioned in paragraph 2 of this article shall be made in such a way as to express in the national currency of the State Party, to the extent possible, the same real value for the sums of Articles 21 and 22 as would result from the application of the first three sentences of paragraph 1 of this Article. The States Parties shall communicate to the depositary the method for making the calculation in accordance with paragraph 1 of this Article or the results of the conversion in paragraph 2 of this Article, as the case may be, upon depositing an instrument of ratification, acceptance or approval of this Convention or accession thereto and each time there is a change in such method or such results.

Revision of limits. 1. Without prejudice to the provisions of Article 25 of this Convention, and subject to paragraph 2 following, the limits of liability prescribed in Articles 21, 22 and 23 shall be revised by the depositary every five years, with the first revision to be carried out 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 following the date it was opened for signature, within the first year of its entry into force, in relation to an inflation index that corresponds to the rate of accumulated inflation since the previous revision or, for the first time, since the date of entry into force of the Convention. The measure of the inflation rate to be used to determine the inflation index shall be the weighted average of the annual rates of increase or decrease of the consumer price index of the States whose currencies comprise the Special Drawing Right mentioned in paragraph 1 of Article 23. 2. If the revision mentioned in the preceding paragraph results in the inflation index being greater than ten percent, the Depositary shall notify the States Parties of the revision of the limits of liability. Such revisions shall become effective six months after their notification to the States Parties. If within three months following their notification to the States Parties a majority of the States Parties registers its disapproval, the revision shall have no effect and the Depositary shall refer the matter to a meeting of the States Parties. The Depositary shall immediately notify all States Parties of the entry into force of any revision. 3. Notwithstanding paragraph 1 of this Article, the procedure mentioned in paragraph 2 of this article shall apply at any time, provided that one-third of the States Parties express the desire to do so and provided that the inflation index mentioned in paragraph 1 has been greater than thirty percent since the previous revision or since the date of entry into force of this Convention if there has been no previous revision. Subsequent revisions carried out using the procedure described in paragraph 1 of this article shall be made every five years, counted from the end of the fifth year following the date of the revision carried out pursuant to this paragraph.

Stipulation on limits. The carrier may stipulate that the contract of carriage shall be subject to higher limits of liability than those provided for in this Convention, or that it shall not be subject to any limit of liability.

Nullity of contractual clauses. Any clause that tends to exonerate the carrier from its liability or to fix a limit lower than that established in this Convention shall be null and void, but the nullity of such clause does not imply the nullity of the contract, which shall remain subject to the provisions of this Convention.

Freedom of contract. None of the provisions of this Convention shall prevent the carrier from refusing to conclude a contract of carriage, renouncing the defenses it may invoke under this Convention, or establishing conditions that are not in contradiction with the provisions of this Convention.

Advance payments. In case of aviation accidents that result in the death or injury of passengers, the carrier shall make, if its national law requires it, advance payments without delay, to the natural person or persons who have the right to claim compensation in order to satisfy their immediate economic needs. Such advance payments shall not constitute an acknowledgment of liability and may be deducted from any amount subsequently paid as compensation by the carrier.

Basis of claims. In the transport of passengers, baggage and cargo, every action for compensation for damage, whether it is based on this Convention, on a contract or on a tortious act, or on any other cause may only be initiated subject to the conditions and limits of liability as provided for in this Convention, without prejudice to the question of which persons may initiate the actions and what their respective rights are. In none of such actions shall punitive, exemplary or any compensation other than compensatory be awarded.

Employees, agents - Total of claims. 1. If an action is brought against an employee of the carrier for damages to which this Convention refers, such employee or agent, if they prove that they were acting in the exercise of their functions, may avail themselves of the conditions and limits of liability that the carrier may invoke pursuant to this Convention. 2. The total of the sums recoverable from the carrier, its employees and agents, in this case, shall not exceed such limits. 3. Except with respect to cargo transport, the provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an action or omission of the employee, with intent to cause damage, or with recklessness and knowing that it would probably cause damage.

Notice of timely protest. 1. The receipt of checked baggage or cargo without protest by the recipient shall constitute a presumption, unless proved to the contrary, that they have been delivered in good condition and in conformity with the transport document or the record preserved by other means mentioned in paragraph 2 of Article 3 and paragraph 2 of Article 4. 2. In case of damage, the recipient shall present to the carrier a protest immediately after the damage has been noticed and, at the latest, within a period of seven days for checked baggage and fourteen days for cargo, from the date of receipt. In case of delay, the protest must be made at the latest within twenty-one days from the date on which the baggage or cargo has been placed at the recipient's disposal. 3. Any protest shall be made in writing and delivered or transmitted within the periods mentioned. 4. Failing a protest within the periods established, all actions against the carrier shall be inadmissible, except in the case of fraud on the carrier's part.

Death of the responsible person. In case of death of the responsible person, the action for indemnification of damages shall be exercised within the limits provided for in this Convention, against the heirs of such person's estate.

Jurisdiction. 1. An action for indemnification of 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 office, or of the place where it has an office through which the contract was concluded, or before the court of the place of destination. 2. With respect to damage resulting from death or injury to 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 the passenger has his or her principal and permanent residence at the time of the accident and to and from which the carrier operates air services for the carriage of passengers in its own aircraft or in those of another carrier pursuant to a commercial agreement, and in which the carrier conducts its air passenger transport activities from premises leased or owned by it or by another carrier with which it has a commercial agreement. 3. For the purposes of paragraph 2:

• a)

  "Commercial agreement" means an agreement, which is not an agency contract, made between carriers and relating to the provision of their joint air passenger services;

• b)

  "Principal and permanent residence" means the 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 respect. 4. Procedural matters shall be governed by the law of the court having jurisdiction.

Arbitration. 1. Subject to the provisions of this Article, the parties to a cargo transport contract may agree that any dispute concerning the liability of the carrier provided for in this Convention shall be resolved by arbitration. Such agreement shall be made in writing. 2. The arbitration procedure shall be conducted, at the claimant's option, in one of the jurisdictions mentioned in Article 33. 3. The arbitrator or arbitral tribunal shall apply the provisions of this Convention. 4. The provisions of paragraphs 2 and 3 of this Article shall be considered part of every arbitration clause or agreement, and any condition of such clause or agreement that is incompatible with such provisions shall be null and void.

Period for actions. 1. The right to indemnification shall be extinguished if an action is not brought within a period of two years, calculated from the date of arrival at destination or the date on which the aircraft should have arrived or the date on which the transport was stopped. 2. The method of calculating such period shall be determined by the law of the court having jurisdiction.

Successive transport. 1. In the case of transport to be performed by several carriers successively and which falls within the definition of paragraph 3 of Article 1, each carrier that accepts passengers, baggage or cargo shall be subject to the rules established in this Convention and shall be considered as one of the parties to the transport contract to the extent that the contract concerns the portion of transport performed under its supervision. 2. In the case of such transport, the passenger, or any person entitled to indemnification on his or her behalf, may proceed only against the carrier that performed the transport during which the accident or delay occurred, unless by express agreement the first carrier has assumed responsibility for the entire journey. 3. In the case of baggage or cargo, the passenger or shipper shall have a right of action against the first carrier, and the passenger or consignee entitled to delivery shall have a right of action against the last carrier, and either may also proceed against the carrier that performed the transport during which the destruction, loss, damage or delay occurred. Such carriers shall be jointly and severally liable to the passenger or to the shipper or consignee.

Right of action against third parties. Nothing in the provisions of this Convention affects the question of whether or not the person liable for damages in accordance with it has a right of recourse against any other person.

Combined transport. 1. In the case of combined transport performed partly by air and partly by any other means of transport, the provisions of this Convention shall apply only to the air transport, subject to paragraph 4 of Article 18, provided that the air transport meets the conditions of Article 1. 2. Nothing in the provisions of this Convention shall prevent the parties, in the case of combined transport, from inserting in the air transport document conditions relating to other means of transport, provided that the provisions of this Convention are respected with respect to air transport.

Contractual carrier - Actual carrier. The provisions of this Chapter apply when a person (hereinafter the "contractual carrier") enters into a contract of transport governed by this Convention with a passenger or shipper, or with a person acting on behalf of either, and another person (hereinafter the "actual carrier") performs, pursuant to authority given by the contractual carrier, all or part of the transport, but without being with respect to that portion of the transport a successive carrier within the meaning of this Convention. Such authority shall be presumed unless proved to the contrary.

Respective responsibilities of the contractual carrier and the actual carrier. If an actual carrier performs all or part of transport which, pursuant to the contract referred to in Article 39, is governed by this Convention, both the contractual carrier and the actual carrier shall be subject, except as provided in this Chapter, to the provisions of this Convention, the first with respect to the entire transport provided for in the contract, the second only with respect to the transport it performs.

Mutual responsibility. 1. The acts and omissions of the actual carrier and of its employees and agents, when acting in the exercise of their functions, shall be considered also, in relation to the transport performed by the actual carrier, as acts and omissions of the contractual carrier. 2. The acts and omissions of the contractual carrier and of its employees and agents, when acting in the exercise of their functions, shall be considered also, in relation to the transport performed by the actual carrier, as those of the actual carrier. However, no such acts or omissions shall make the actual carrier liable for an amount exceeding the amounts provided in Articles 21, 22, 23 and 24. No special agreement by which the contractual carrier assumes obligations not imposed by this Convention, no waiver of rights or defenses established by the Convention and no special declaration of value provided for in Article 21 shall affect the actual carrier unless it accepts such agreement.

Recipient of protests and instructions. Protests and instructions which must be directed to the carrier pursuant to this Convention shall have the same effect whether directed to the contractual carrier or to the actual carrier. However, the instructions mentioned in Article 12 shall have effect only if directed to the contractual carrier.

Employees and agents. With respect to the transport performed by the actual carrier, any employee or agent of the actual carrier or of the contractual carrier shall be entitled, if they prove that they were acting in the exercise of their functions, to invoke the conditions and limits of liability applicable pursuant to this Convention to the carrier of which they are an employee or agent, unless it is proved that they acted in such a way that the limits of liability cannot be invoked in accordance with this Convention.

Total indemnification. With respect to the transport performed by the actual carrier, the total of the sums recoverable from this carrier and the contractual carrier, and from the employees and agents of either that have acted in the exercise of their functions, shall not exceed the highest amount that may be obtained from either of such carriers pursuant to this Convention, but none of the persons mentioned shall be liable for a sum greater than the limits applicable to that person.

Addressee of claims. With respect to transport performed by the actual carrier, an action for compensation for damage may be initiated, at the option of the claimant, against such actual carrier or against the contractual carrier or against both, jointly or separately. If the action is exercised only against one of these carriers, such carrier shall have the right to bring the other carrier into the proceedings, with the procedure and its effects being governed by the law of the court hearing the case.

Additional jurisdiction. Every action for compensation for damage provided for in Article 45 shall be initiated, at the option of the claimant, in the territory of one of the States Parties before one of the courts in which an action may be brought against the contractual carrier, as provided in Article 33, or before the court in whose jurisdiction the actual carrier has its domicile or its principal office.

Nullity of contractual clauses. Every clause which tends to exonerate the contractual carrier or the actual carrier from the liability provided for in this Chapter or to establish a limit lower than that applicable under this Chapter shall be null and void, but the nullity of such clause shall not imply the nullity of the contract, which shall continue to be subject to the provisions of this Chapter.

Relations between the contractual carrier and the actual carrier. Except as provided in Article 45, none of the provisions of this Chapter shall affect the rights and obligations between the carriers, including any right of action for recourse or indemnification.

Mandatory application. Every clause of the contract of transport and all particular agreements concluded before the occurrence of the damage, by which the parties seek to evade the application of the rules established in this Convention, whether by deciding the law that shall apply or by modifying the rules relating to jurisdiction, shall be null and void.

Insurance. The States Parties shall require their carriers to maintain adequate insurance covering their liability under this Convention. The State Party to which the carrier operates services may require that such carrier present proof that it maintains adequate insurance covering its liability under this Convention.

Transport performed in extraordinary circumstances. The provisions of Articles 3 to 5, 7 and 8 relating to the documentation of transport shall not apply in the case of transport performed in extraordinary circumstances which are beyond the normal scope of the activities of the carrier.

Definition of days. When the term "days" is used in this Convention, it refers to calendar days and not to working days.

Signature, ratification and entry into force. 1. This Convention shall be open for signature in Montreal on 28 May 1999 by the States participating in the International Conference on Air Law held in Montreal from 10 to 28 May 1999. After 28 May 1999, the Convention shall be open for signature by all States at the headquarters of the International Civil Aviation Organization in Montreal until its entry into force in accordance with paragraph 6 of this Article. 2. This Convention shall also be open for signature by regional economic integration organizations. For the purposes of this Convention, "regional economic integration organization" means any organization 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, ratify, accept, approve or accede to this Convention. The reference to "State Party" or "States Parties" in this Convention, with the exception of paragraph 2 of Article 1, subparagraph b) of paragraph 1 of Article 3, subparagraph b) of Article 5, Articles 23, 33, 46 and subparagraph b) of Article 57, applies equally to a regional economic integration organization. For the purposes of Article 24, references to "a majority of the States Parties" and "one third of the States Parties" shall not apply to a regional economic integration organization. 3. This Convention shall be subject to ratification by States and regional economic integration organizations which have signed it. 4. Any State or regional economic integration organization which has not signed this Convention may accept, approve or accede to it at any time. 5. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, designated herein as 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 Depositary among States which have deposited such instrument. An instrument deposited by a regional economic integration organization shall not be taken into account for the purposes of this paragraph. 7. For other States and other regional economic integration organizations, this Convention shall take effect sixty days after the date of deposit of their instruments of ratification, acceptance, approval or accession. 8. The Depositary shall notify immediately all signatories and States Parties:

• a)

  Of each signature of this Convention and the corresponding date;

• b)

  Of the deposit of any instrument of ratification, acceptance, approval or accession and the corresponding date;

• c)

  Of the date of entry into force of this Convention;

• d)

  Of the date of entry into force of any revision of the limits of liability established pursuant to this Convention;

• e)

  Of any denunciation effected pursuant to Article 54.

Denunciation. 1. Any State Party may denounce this Convention by written notification addressed to the Depositary. 2. Denunciation shall take effect one hundred eighty days after the date on which the Depositary receives the notification.

Relationship with other instruments of the Warsaw Convention. This Convention shall prevail over any rule that applies to international air transport: 1. Between the States Parties to this Convention because those States are commonly parties to:

• a)

  The Convention for the unification of certain rules relating to international air transport signed at Warsaw on 12 October 1929 (hereinafter called the Warsaw Convention);

• b)

  The Protocol which modifies the Convention for the unification of certain rules relating to international air transport signed at Warsaw on 12 October 1929, done at The Hague on 28 September 1955 (hereinafter called the Hague Protocol);

• c)

  The Convention supplementary to the Warsaw Convention for the unification of certain rules relating to international air transport performed by a person other than the contractual carrier signed at Guadalajara on 18 September 1961 (hereinafter called the Guadalajara Convention);

• d)

  The Protocol which modifies the Convention for the unification of certain rules relating to international air transport signed at Warsaw on 12 October 1929 as modified by the Protocol done at The Hague on 28 September 1955, signed in Guatemala City on 8 March 1971 (hereinafter called the Guatemala City Protocol);

• e)

  The Additional Protocols Nos. 1 to 3 and the Montreal Protocol No. 4 which modify the Warsaw Convention as modified by the Hague Protocol or the Warsaw Convention as modified by the Hague Protocol and the Guatemala City Protocol signed at Montreal on 25 September 1975 (hereinafter called the Montreal Protocols); or 2. Within the territory of any State Party to this Convention because that State is a Party to one or more of the instruments mentioned in subparagraphs a) to e) above.

States with more than one legal system. 1. If a State has two or more territorial units in which different legal systems apply in relation to matters dealt with in this Convention, such State may declare at the time of signature, ratification, acceptance, approval or accession that this Convention shall extend to all its territorial units or to one or more of them and may modify this declaration by submitting another declaration at any other time. 2. Such declarations shall be notified to the Depositary and shall explicitly indicate the territorial units to which the Convention applies. 3. With respect to a State Party which has made such a declaration: a) References to "national currency" in Article 23 shall be interpreted as referring to the currency of the relevant territorial unit of that State; and b) The reference in Article 28 to "national law" shall be interpreted as referring to the law of the relevant territorial unit of that State.

Reservations. No reservations may be made to this Convention, except that a State Party may declare at any time, by notification addressed to the Depositary, that this Convention shall not apply: a) To international air transport performed directly by that State Party for non-commercial purposes with respect to its functions and obligations as a sovereign State; or b) To the transport of persons, cargo and baggage carried for its military authorities in aircraft registered in that State Party or leased by it, and whose total capacity has been reserved by those authorities or on their behalf. In witness whereof the plenipotentiaries, being duly authorized, sign this Convention. Done at Montreal on the twenty-eighth day of May in the year one thousand nine hundred ninety-nine in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic. This Convention shall be deposited in the archives of the International Civil Aviation Organization and the Depositary shall send certified copies thereof to all States Parties to this Convention and also to all States Parties to the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol and the Montreal Protocols.