CARRLdGE BY AIR (MONTREAL C O W E W . I O ~ 1
-

TME CAWAGE BY AIR (MONTREAL
CBNVEPITIQN) ACT

ARRANGEMENT OF SECTIONS.

9. Short title.

2. Interpretation.

3. Convention to Rave force of law in Jamdca

4. Ministerial orders.

SCHEDULES

CARRIAGE BY AIR (MONTREAL COWEATION) 3

TEE CARNAGE BY AIR (MONTREAL ~ e t
COWENTI[BN) ACT

3 of m.

1. This Act may be cited as the Carriage by Air (Montreal shorl title.
Convention) Act.

2. En this Act, "Montreal Convention" means the Convention Pnmreta-
for the Unification of Certain h i e s for International Candage "On.
by Air signed at Montreal on the 28th of May, 1999, as in force
in relation to Jamaica, the text of which is set out in the
Schedule. Schedule.

3.-41) The provisions of the Montreal Convention shall Convention
have the force of law in Jamaica. to have fm of law

(2) In the event of any inconsistency between the in Jammicis.

Montreal Convention and any other rules which apply to inter-
national caraiage by &, the provisions of the Montreal Con-
vention shall prevail.

8.--(I) The Minister hay, fiom time to time, by order, Ministerial
provide for such matters as may be necessary for the implement- Ogdm.
tation of the provisions of the Montreal Convention.

(2) An order made under this section shall be subject to
affirmative resolution.

CARNAGE BY AIR (MONTREAL CONVENTION) I
I

SCHEDULE (Section 2)

Convention for the UniJIcatrin of Certain Rulesfor International 1
Carriage Air I

THE STATES PARTlES TO THIS CONVENTION

RECOGNIZING the significant contribution of the Convention for the
Unification of Certain Rules relating to International Carriage by Air signp
in Warsaw on 12 October 1929, hereinafter r e f d to as the "Warsaw

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Conventionu, and other related instruments to the harmonization of private
international air law; I

RECOGNIZING the need to modernize and consolidate the Wayw
Convention and related instmments;

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

I
REAFFIRMING the desirability of an orderly development bf

international air banspsPt operations and the smooth flow of passengers,
baggage and cargo in aceordance with the principles and objectives of $e
Convention on Intenrational Civil Aviation, done at Chicago on 7th
December, 1944; I I

CONVINCED that collective State action for huther harmonization and
dification of certain mles gowming international &age by air through) a
w w Convention is the most adequate means of achieving an equitable
balance of interests; I

I
HAVE AGREED AS FOLLOWS:

I I. This Convention applies to all intemtional &age of pem+, - baggage or cargo perf& by aipcrafi fw reward. It applies equally to gratuitous &age by a i m d performed by an air transport undertaking. 1
2. Fw Ib. purposes of this Camation, the expression "internat9i

carriage" means any &age in which, ascording to Ib. agreement between
the parties, the place of departure and the place of destination, whether or nst
there be a break in the carriage or a transshipment, are situated either wit~ib
the territories of two States Parties, or within the &dory of a single
Party if there h an agreed stopping place within the territory of another State,
even if that Soate is not a State m. Gmhge between two points within the

C A M A G E BY AIR (MOWRE4L CONYEWION)

territory of a single State Party without an agreed stopping place within the
territory of another State is not international carriage for the purp~ses of this
Convention.

3. Carriage to be perfonned by several successive 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 agmd upon
under the fonn of a single contract or of a series of contracts, and it does not

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lose its international character merely because one contract or a series of
contracts is to be perfonned entirely within the territory of the same State.

4. This C~nvention applies also to -age as set out in Chapter V,
subject to the terms contained thenein.

ARTICLE 24arr iage perJormed by State and carriage of postal items

1. This Convention applies to a d a g e performed by the State or by
legally constituted public bodies provided it hlls within the conditions laid
down in Article I.

2. In the &age of postal items, the d e r shall be liable only to h e
relevant p t a l adminimion 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 his
Convention shall not apply to the carriage of postal items.

C H ~ R 11-Documentation and Duties ofthe Parties Relating
to the Cmiage of Passengers, Baggage md Cargo

ARTW 3-Passengen and Baggage

1. In respect of carriage of passenger% an individual or collective
document of carriage shall be d e l i v d containing-

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

(b) if the places of departraPe and -ion we within the territory
of a single State Party, one a mare agreed sopping plecssr king
within the te- of mother State, an iidcatbn of at least one
such w i n g pi+.

2, Any other means !which pmerves the inforrtnaoion indicated in
para* I may k substitbwl for the delivery of the &went r e f d to
in drat pmgmph. If any such other means b used, the carrier shall offer
to deliver to the passenger a statement of the inf iat ion so
preserved.

3. lk carrier shall deliver to the passenger a identification tag
f a each piece of checked baggage.

I 4. The passenger shall be given written notice to the effect that where this
Convention is appliclle h g o v m 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. I

5. Non-compliance with the provisions of the foregoing paragraphs shall
not affxt the existence or the validity of the contract of carriage, which shall,
nonetheless, be subject to the rules of this Convention including tho$
relating to limitation of liability.

I

I. In respect of carriage of cargo, an air waybill &hall be delivered. '
2. Any other means whish preserves a record of the carriage to be

performed may Be substituted for the delivery of an air waybill. If such other
means we usd, the carrier shall, if so requested by the consignor, deliver to
the consignor a cargo receipt permitting identification of the consignment
and ascess to the information contained in the record preserved by such other
means. i

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ARTICLE 5---Contents ofair waybill or cargo receipt

The air waybill or the cargo receipt shall include-

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

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

(c) an indication of the weight of the consignment. I
ARTICLE 6-Docrrntent relating to the nature of mhe cargo I

The consignor may be required, if necessary, to meet the formalities qf
customs. police and similar public authorities to deliver a document
indicating the n a m of the cargo. This provision creates for the carrier no
duty, obligation or liability resulting therefirom. -

ARTCLE 7-Description of air waybill

1. The air waybill shall be made out by the consignor in three original
Parts. ! .

2. The first part shall be marked "for the carrier"; it shall be signed by the
consignor. The second part shall be marked "for the consignee"; it shall be
signed by the consignor and by the carrier. The third part shall be siGed by
the carrier who shall hand it to the consignor after the cargo has beeh
accepted.

lTbe ilaclorioa d Ibis pp Lo aotBor&ed by LN. 13UZOll)

3. The signature of the &er md that of the consignor m y be printed or
-ped.

4. If, at the ques t of the consignor, the carrier makes out the air waybill,
h e h e r shall be deemed, subject to p m f to the contrary, t~ have done so
on behalf of the consignor.

ARTICLE 8-Dmeprlation for multiple packages

When there is more than one package--

(a) the carrier of cargohas the right to requh the consignor to make
~ u t separate au waybilk

(b) the consignot' has the right to require the d e to deliver
separate cargo receipts when the other mems referred to in p a -
graph 2 of Aaticle 4 are used.

ARTICLE 9-Non-compJiance with docutneprtcuy sequi~ments

Nan-complimce with the provisions of Articles 4 to 8 tihall not affect the
existence or the validity of the contract of &age, which shall, monetheless,
b subject to the rules-of this Convention including those relating to
limitation of liability.

ARTICLE I 0-Wesponribidiy for p(vtic~l(vs o fd~~ma~~tu~ iosa

1. The consignor b responsible for the m- of the particulars and
statements relating to the cargo inserted by it or oa its bhald in the air
waybill or fumished by it or on its behalf to the carrier for insestion h the
cargo receipt or for insertion In the record preserved by the other means
r e f e d to in paragraph 2 of Article 4. The foregoing shalt also ssp&
where the person acting on behaif of the consignor is also the argent of the
canier.

2. The consipor shall indemnify the d e r against ali dramage suffered
by it, or by any other person to whom the carrier is liable, by mason of the
irregularity, incorrectness or incompleteness &the particulars and statement3

0 hmished by the consignor or on its behalf.
3. Subject to the provisions of paragraphs I and 2 of this Micle, the

d d e r shall indemniQ the consignor against all damage suffered by it, or
by any other person to whom the consignor is liable, by reason of
the irregularity, incorrectness or incompleteness of the particulars and
statements inserted by the canier or on its behalf in the cargo aceipt or in
the record preserved by the other means & f e d to in pamgraph 2 of Article
4.

[The b d a b a or (hb page is amchorhcd by LN. #2312Olls

CARIPPAGE BY AIR (MO~REAE CONVENTION)

I. the air waybill or the cargo receipt is p ima focie evidence o f $e
conclusion o f the contract, o f the acceptance o f the cargo and o f the cqn-
d b n s o f C81tiBge m g n h e d therein. i 1

2. Any statemgnts in the air waybill or the cargo receipt relating to the
weight, dimensions and packing o f the cargo, as well as those relating to the
number o f packages, are prima facie evidence o f the facts stated: those
relating to the quantity, volume and d i t i o n o f the cargo do not constitute
evidence against the carrier except so fir as they Both have been, and cve

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sacnted in the air waybill or the cargo receipt to have been, checked by it in
the p n s e k o f the consignor, or relate to the apparent condition o f the
cw"'

ARTICLE 12-Wgh? of disposition of cargo

1. Subject to its liability to carry out all its obligations under the c o n k
o f &age, the consignor has the right to dispose o f the cargo by
withdrawing it at the airpoe o f departwe or destination, or by stopping it ,in
the coarse o f the j o m y on any landing, or by calling for it to k deli~ersd~at
the place o f destination or in the course o f the j m e y to a person other than
the consignee originally designated, or by q u m n g it to k returned to +e
a i m o f depatm. The consignor must not exercise this right o f disposition
in such a way as to prejudice the carrier or other consignors and must reim-
b m any expenses occasioned by the exercise o f this right. I

I
I

2. If it is impossible to carry out the i n s w h s o f the consignor, the
carrier must so i n f m the consignor fo&with.

3. If the carrier c d e s out the instructions o f the consignor for the
disposition o f the cargo without requiring the production o f the part o f the air
waybill or the ca~go receipt d e l i v d to the latter, the carrier will be liable,
without prejudice to its right o f recovery from the consignor, for any damage
which may be caused thereby to any penon who is lawfilly in possession of
that part o f the air waybill or the cargo receipt. I

4. The right m f e d on the consignor ceases at the moment when tdht
o f the consignee begins in accordance with Article 13. Nevertheless, if the
consignee declinss to accept the cargo, or cannot be communicated with, the
consignor mumes its right o f disposition.

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ARTICLE 13-Delivery of the cargo

1. Except when the consignor has exercised its right under Anicle 12, the
consignee is entitled, on anival o f the cargo at the place o f destination, to
require the &er to deliver the c q o to it, on payment o f the charges due
and on complying with the conditions o f carriage.

CARRIAGE BY AIR (MONTRAXL CONVENTION) 9

2. Unless it is otherwise agreed, it is the duty of the carrier to give notice
to the consignee as soon as the cavgo 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 $ate on which it ought to have
arrived, the consignee is entitled to .enforce against the carrier the rights
which flow fiom the contrad of carriage.

ARTICLE 14--Enfircement ofthe 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.

ARTICLE 15-Relations ofconsignor and consignee or
mutual relations of third pwties

1. Articles 12, 13 and 14 do not affect either the relations of the
consignor and the consignee with each o k or the mutual relations of third
parties whoSe rights are derived either b m the consignor or fiom the
consignee.

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

ARTICLE 16-Formaliti~,o/customs, police or
other public atitit0ritie.s

1. The consignor must knish such information and such Qawnents 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 for any damage occasioned by the absence,
insufficiency or irregularity of any such information or documents, unless the
damage is due to the fault of the carrier, its servants or agents.

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

a CHAPTER Ill-Liability ofthe Carrier and Exrent of
Compensation for Damage

ARTICLE 17-Death and injwy ofpmengers-
damage to baggage

1. The carrier is liable for damage swqiined 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 aircrail or in the course of any of the

18 CABRIAGE BY AIR ( M O W W L CONVEWION)

operations of embarking or disembarking.

3. The &er liable for damage sustained in case of destruction or loss
of, or of damage to, checked baggage upon condition only that the event
which m u d the destruction, loss or damage took place on board the aircraft
or dwing my @ad within which the checked baggage was in the charge of
the carrier. Hotvever, the carrier is not liable if and to the extent that tlie
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. I 0

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

4. Unless otherwise specified, in this Convention the term "baggage:
means both checked b a m e and unchecked baggage.

ARTKLE 18-Damage to cargo

1. The carrier is liable for damage sustained in the event of the
destruction or loss of or damage to, cargo upon condition only that the event
wh,ich c a d the damage so sustained took place during the &age by
sir.

2. However, the h e r is not liable if and to the extent it proves that the
d$amctioro, or Iw of, or damage to, the cargo resulted From one or more of
the blbwing: I

(a) inherent d e f w quality or vice of that cargo;

(b) bfmive packing of &at cargo pedormed by a penon other than
the &er or its senants or agents; I

(c) an act of war or an m e d conflict;
I

(4 ana act of public authority carried out in connection with the end,
exit or mnsit of the cargo.

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

4. TRe p r i d of the &age by'dr does not extend to any carriage by
land, by sea or By inland wgtmay performed outside an airport. If,
howevwn a& carriage takes place in the performance of a contract for
'un*p by ah, 6or the purpopo of lading, delivery or rmnahipmmt, any
&mge is presumed, subject to proof to the contraryn to have k e n the result
'of an m t which mpk place during the caxriage by air. If a caria. withcut

CARRIAGE BY AIR (MONTREAL CONVENTION)

the consent of the consignor, substitutes carriage by another mode of trans-
port 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 sf carriage by air.

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

0 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.

If the carrier proves that the damage was caused or contributed to by the
negligence or other wrongful act or omission of the person claiming
compensation, or the person from whom he or she derives his or her rights,
the carrier shall be wholly or partly exonerated from its liability to the
claimant to the extent that such negligence or wrongful act or omission
caused or contributed to the damage. When by reason of death or injury of a
passenger compensation is claimed by a person other than the passenger, the
carrier shall likewise be wholly or partly exonerated from its liability to the
extent that it proves that the damage was caused or contributed to by the
negligence or other wrongful act or omission of that passenger. This ArPiclla
applies to all the liability provisions in this Convention, including paragraph
1 of Article 2 1.

ARTICLE 2l-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 l 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-~imits of liabilig in relation to
delay, baggage and cargo

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

I

C A W G E BY AIR (MONT..L CONVEAlTPON)
i

4.1 SO Special Drawing Wights. ,
I

2. In the h g e of baggage, the liability sf the carrier in the case sf
destmtisn, lgpq tiamage or delay is limited to I,dOB Special Drawing Rig?
for each passenger unless the passenger has made, at the time when the
chscM e was handed over to the carrier, a special hlaraaion of
interest in delivery at destination and has paid a supplementary sum if the
casc so requires. In that casc the carrier will be liable to pay a sum not
exceeding the d a l d sum, unless it pves that the sum is greater than the
passenger's actual intsrest in delivery at destination. I

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3. In the artiage sf cargo, the liability of the carrier in the casc of

destruction, loss, damage or delay is l imM to a sum of I7 Special Drawing
Rights per kilogram, unkss the consignor has made, at the time when the
package was handed over to the carrier, a special declaration of interest /n
deliwy at destination and has paid a supplementary sum if the case so
requires. In that casc the amk will be liable to pay a sum not exceeding the
d w l d sum, unless it pves that the sum is greater than the consignor:^
actual interest in delivcpy at destination.

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4. In the casc of destruction, loss, damage or delay of part of the cargo,

or of any object contained therein, the weight to be taken into considemti+
in determining the amount to which the carrier's liability is limited shall be
only the total weight of the package or packages concerned. Nevertheles),
when the destruction, loss, damage or delay of a pan of the cargo, or of an
object contained therein, affects the value of other packages c o d by
the same air waybill, or the same receipt or, if they were not issued, by the
m e record preserved by the other means r e f e d to in pamgmgh
of Article 4, the total weight of such package or padcages shall also be taken
into consideration in determining the limit of liability. ,

L The foregoing provisions of psngqhs I and 2 of this Article shall llbc
apply if it is proved that the damage resulted fiom an act or omission of the
artier, its servants or agents, done with intent to c a w damage or recklessly
and with howledge that damage would probably result; provided that, in t)le
case of such act or omission of a sewant or agent, it is also proved that such
s e m t or agent was acting within the scope of its employment. I

6. The limits prescribed in Article 21 and in this Article shall not prevyt
the court from awarding, in accordance with its own law, in addition, t)le
whole or part of the cow costs and of the other expenses of the litigation
i n c u d by the plaintic including interest. The foregoing provision shdl
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 carriy
~ R S offered in writing to the plaintiff within a period of six months from the
date of the occurrence causing the damage, or befm the commencement of

I

CARBLQGE BY AIR (MOATREAL COWEATION)

the action, if that is later.

ARTICLE 23--Conversion ofmonetary units

1. The sums mentioned in terns of Special Drawing Wight in this
Convention shall be deemed to refer to the Special Drawing Right as
defined by the International Monetary Fund. Conversion e f the sums into
national currencies shall, in case of judicial proceedings, be made according
to the value of such currencies in terns of the Special Drawing Right at

0 the date of the judgement. The value of a national currency, in terms of the Special Drawing Right, of a State Party which is a Member of
the International Monetary Fund, shall be calculated in accordance
with the method of valuation applied by the International Monetary
Fund, in effect at the date of the judgement, for its operations and
transactions. The value of a national currency, in terms of the Special
Drawing Right, of a State Party which is not a Member of the
International Monetary Fund, shall be calculated in a manner determined by
that State.

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

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 manner as to express in the national currency of
the State Party as far as possible the same real value for the amounts in
Articles 21 and 22 as would result from the application of the first three
sentences of paragraph 1 of this Article. States Parties shall communicate to
the Depositary the manner of calculation pursuant to paragraph I 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.

lThe inclusion of Lu page is autborhed by L.N. 123120111

CARRLQGE BYAIR (MONTREAL COWENTIOM

1. Without prejudice to the provisions of Article 25 of this convention
and subject to pmgraph 2 below, the limits of liability prescribed in Articles
2 1, 22 and 23 shall be reviewed by the Depositary at five-year intervals, the
first such review to take place at the end of the fifth year following the date
of entry into force of this Convention, or if the Convention does not
enter into force within five years of the date it is first open for signatye,
within the fmt year of its entry into force , by reference to an inflation faqor
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 deteminihg
the inflation hctor shall be the weighted average of the m u a l 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.

I
2. If the review referred to in the preceding paragraph concludes that the

inflation factor has exceeded 10 percent, the Depositary shall notitj. 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 Syte
Pesties 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 notitj. all States Parties of the coming into
force of any revision. I

- 3. Notwithstanding paragraph 1 of this Article, the procedure referred
to in paragraph 2 of this Article shall be applied at any time provided tGat
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 percent sidce the previous revision or since the date of enhy
into force of this Convention if there has been no previous revision.
Subsequent reviews using, the procedure described in paragraph 1 iof
this Article will take place at five-year intervals starting at the end of the
fifth year following the date of the reviews under the present
pamgraph. I

ARTICLE 25--Stipulation on limits
I

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. I I

ARTICLE 26-Invalidity of contractual provisions

Any provision tending to relieve the carrier of liability or to fix a lower

[The inclusion of thb page b nurhorird by L.K. IUROtll

CARRIAGE BY AIR (MONTREAL CONVENTION)

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 27Freedom to contract

Nothing contained in this Convention shall prevent the carrier from
refbsing to enter into any contract of carriage, from waiving any defences
available under the Convention, or from laying down conditions which do

*O not conflict with the provisions of this Convention.
ARTICLE 28-Advance payments

In the case of aircraft accidents resulting in death or injury of passengers,
the carrier shall, if required by its national law, make advance payments
without delay to a natural person or persons who are entitled to claim
compensation in order to meet the immediate economic needs of such
persons. Such advance payments shall not constitute a recognition of
liability and may be offset against any amounts subsequently paid a damages
by the carrier.

ARTICLE 29-Bcrsis of claims
In the carriage of passengers, baggage and cargo, any action for damages,

however founded, whether under this Convention or in contract or in tort
or otherwise, can only be brought subject to the conditions and such limits
of liability as are set out in this Convention without prejudice to the question
as to who are the persons who have the right to bring suit and what are
their respective rights. In any such action, punitive, exemplary or any other
non-compensatory damages shall not be recoverable.

ARTICLE 30-Servants, agents---aggregation of claims

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

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

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

CARRIAGE BY AIR (MONTREAL CONVENTION) I

ARTICLE 3 I-Timely notice of cimplainls j

1. Receipt by the person entitled to delivery of checked baggage or cargo
without complain: is primafacie 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 io
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 cake

l

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

t
3. Every complaint must be made in writing and given or dispatched

within the times aforesaid.

4. If no complaint is made within the times aforesaid, no action shall l:e
against the carrier, save in the case of fkaud on its para.

ARTICLE 32-Death ofperson 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 represent-
ting his or her estate. 1

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

I

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 part^ in which at the time of
the accident the passenger has his or her principal and permanent residence
and to or fiom which the carrier opeiates services for the carriage of
passengers by air, either on its own aircraft or on another carrier's aircraft
pursuant to a commercial agreement, and in which that carrier conducts ip
business of carriage of passengers by air from premises leased or owned by
the carrier itself or by another carrier with which it has a commercial
agreement. I I !

3. For the purposes of paragraph 2,
I

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IThc induslon of BQ page is authorbod by LN. lDD011)

I

CARRIAGE BY AIR (MOWREAL CONVENTION)

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

(6) "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.

4. Questions of procedure shall be governed by the law of the court
seized of the case.

8. 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.

3. The arbitrator or arbitmtion tribunal shall apply the provisions of this
Convention.

4. The provisions of pwapphs 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 ofactions

1. The right to damages shall be extinguished if an action is not brought
within a period of two years, reckoned kom the date of arrival at the
destination, or fiom the date on wbich the aircraft ought to have anived, or
fiom the date on which the carriage stopped.

2. The method of calculating that period *all be determined by the law
of the-court seized of the case.

ARTICLE 36-Successive caaaiagt?

I. In the case of carriage to bc performed by various successive carriers
and fklling within the definition set out in paragraph 3 of Article 1, each
camier 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 carndage in so far as the contract deals with that part of the carriage which
is performed under its supervision.

2. In the case of carriage of this nature, the passenger or any person
entitled to compensation in respect of him or her can take action only against

(Tbe hdurlon of 9hb page b oohorhcd.by LN. 123i20111

I
the cmier which performed the carriage d&ng which the accident or
the delay occurred, save in the case where, by express agreement, the first
canier has assumed liability for the whole journey. I

3. As regards baggage or cargo, the passenger or consignor will have a
right of action against, the first &er and the passenger or consignee who
is entitled to delivery will have a right of action against the 1s t carrier, and
finher, each may take action against the d e r 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.

a.
1

ART~CLE 37-Rig& of recourse against thirdparties I I
Nothing in this Conventisn shall prejudice the question whether a

person liable for damage in accordance with its provisions has a right of
recourse against any other pcrson.

C H m R IV-Combined Carriage

ARTICLE 3Mombined carriage

8. 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 &age by air,
provided that the carriage by air falls within the temk of Article I .

I
2. Nothing in this Convention shall prevent the parties in the case olf

combined carriage from inserting in the document of air carriage conditions
relating to other mades of carriage, provided that the provisions of th?
Convention are observed as regards the carriage by air. I

CHAPTER V--Carriage by Air Perj5rmed by a Person
other than the Contracting Carrier 1

ARTICLE 394ontracting currier--(~ctual carrier
I

The provisions of this Chapter apply when a person (hereinafter referred
to as "the contracting carrier") as a principal makes a contract of carriage

I governed by this Convention with a passenger or consignor or with a pemn
I acting on behalf of the passenger or consignor, and another person

(hereinafter referred to as "the actual carrier") petfoms, by virtue of
authority from the contracting carrier, the whole or part of the carriage, but
is not with respect to such part a successive carrier within the meaning of
this Convention. Such authority shall be presumed in the absence of proof to
the contrary.

I

lTbc Indarbn of tbn page is aotborlrcd by L.N. lZ3ROlll

C A W G E BY AIR (MONTWL CONKENTIOR)

ARTICLE 40-Respective liability of contracting and
actual carrier

If an actual carrier perfoms the whole or part of camiage which,
according to the contract referred to in Article 39, is governed by this
Convention, both the contracting h e r and the actual d e r shall, except css
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 &age which it performs.

m w
ARTICLE 4 1-Mutual liability

1. The acts and omissions of the actual 6 e r and of its servants and
agents acting within the scope of,their employment shall, in relation to the
carriage krfomed by the actual carrier, be deemed to be also those of the
contracting carrier.

2. The acts and omissions of the contracting carrier and of its servants
and agents acting within the scope of their employment shall, in relation to
the carriage performed by 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 r e f e d to in Articles 21,
22, 23 and 24. Any special agreement under which the contracting
carrier assumes obligations not iniposed by this Convention or any waiver of
rights or defences confemd by this Convention or any special declaration
of interest in delivery at destination contemplated in Article 22 shall not
affect the actual carrier unless a p e d to by it.

ARTICLE 42-Addressee of cotnplaints and instructions

Any complaint to be made or instruction to be given under this
Convention to the carrier shall have the same effect whether addressed to
the contracting carrier or to the actual carrier. Neveroheless, instructions
referred to in Article 12 shall only be effective if addressed to the contracting
carrier.

ARTICLE 434erwants and agents

In relation to the caniage performed by the actual carrier, any servant or
agent of that canier or of the contracting carrier shall, if they prove that they
acted within the scope of their employment, be entitled to avail themselves
of the conditions and limits of liability which are applicable under this
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 fiom being
invoked in accordance with this Convention.

I l lc inclusion of &is page is s u t b o M by LN. IUnOllJ

20 CARRIAGE BYAIR QkfONTWL COWENTION)

In relation to the carriage performed by the actual canier, the aggreg+te
of the amounb recoverable fiom that carrier and the contracting canier,
and fiom 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' h e r or the actual carrier under this
Convention, but none of the pnons mentioned shall be liable for a shm
in excess of the limit applicable to that person.

Hn relation to the carriage performed by the actual carrier, an action for
damages may be brought, at the option of the plaintiff, against that carrier or
the contracting cmier, or aginst both together or separateiy. If the action
is brought against only one of those carriers, that carrier shall have the right
to require the other camer to b joined in the proceedings, the procedure
and effects being governed by the law of the court seized of the case. ,

<

ARTICLE 4dAdditional jurisdiction
1

i
Any action for damages contempsated in Article 45 must be broughd at

the option of the plaintiff, in the territory of one of thc States Parties, either
before a court in which an action may be brought against the contracting i

1

carrier, as provided in Article 33, or before the c o w having jurisdiction at
the place where the actual carrier has its domicile or its principal place of
business. I

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 whfle
contract, which shall remain subject to the provisions of this Chapter. I

I

ARTICLE 48-Mutual relations of contracting and actual carriers 1
I

Except as provided in Article 45, nothing in this ~ h a p k shall affect {he
rights and obligations of the cmien between themselves, including any
right of recourse or indemnification.

6.
CHAPTER VI--Orher Provisions

ARTICLE 49-Mandatoty application

Any clause contained in the contract of carriagc and all special

-

jTbe inclusion of hii page is authorized by LA. IunODll

I

CAlPIBIAGE BY AIR (MONTREAL COMVE,WION)

agreements entered into before the damage occurred by wwhh the parties
pwport to infringe the rules laid down by this Convention, whether by
deciding the law to be applied, or by altering the rules as to juridicti~m~ shali
be mull and void.

States Parties shall q u i r e their h e r s to maintain adequate insurance
covering their liability under this Convention. A carrier may h requid
by the State Party into which it operates to fimisk evidence that it
maintains adequate insurance covering i liability under this
Convention.

ARTICLE 5 I --Carriage per/med in extraordinary circumtaaceb

The provisions of Atticles 3 to 5, 7 and 8 relating to the dwumenbration
of &age shall mot apply in the case of canirage p d m e d in extradinmy
circmstances outside the nomal scope of a h e r ' s business.

The expression "days" when used in ahis Convention means calendar
days, not working day.

ARTICLE 53--Signahye, ratijcation ewd enhy ~ W Q fwce

1. This Convention shall be open for signature in Montreal on 28th May,
1999 by States participating in the International Conference on Air Law
held at Montreal fiom 10 to 211th May, 1999. Afiw 211& May, 8999, the
Convention shall be open to all States for signatwe at the Wcgm of
the International Civil Aviation Organization in Montreal until it entgtg into
force in accordance with paragraph 6 of this Article.

2. This Convention shall similarly be open for s i p t w e by Regional
Economic Integration Organisations. For the p q m e of this Csfimtiow, a
"Regional Economic Integration Organisation" means my ~rgmhtion
which is constituted by sovereign States of a giww refiewa which his
competence in respect of certain mlltters governed by ohis tConvmden and
has k e n duly a M a d to s i p and to ratify, accept, q p v e or accede to
this Convention. A ref-ce to a "State Plscty" or "Stater Pmies" in this
Convention, otherwise than in paragraph 2 of Article 11, parapph I(B) of
Article 3, pagraph (b) of Article 5, Articles 23, 33,46 and ~h (4
of Article 57, applies equally to a Regional Ecowomic Integration
Organisation. For the purpose of Article 24, the references to "a majority of
the States Partiesn and "one-third of the States Partiesn 1111 not apply to r
Regional Economic Integration Qqpiisetion.

CAMAGE BY AIR (MONTREAL CONVENTION)

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

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

5. Instruments of ratification, acceptance, approval or accession shall be
deposited with the International Civil Aviation Organization, which is hereby
dssignated the Depositary. i

6. This Convention shall enter into force on the sixtieth day followind
the date of deposit of the thirtieth instrument of ratification, acceptance,
approval or accession with the Depositary between the States which have
deposited such instmment. An instrument deposited by a Regional Economic
Integration Organisation shall not be counted for the purpose of this
~ a m h .

7. For other States and for other ~ e ~ i o n a l Economic Integration
Organisations, this Convention shall take effect sixty days following the date
of deposit of the instrument of ratification, acceptance, approval or
accession.

I 8. The Depositary shall promptly notify all signatories and States Parties
of-

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

(b) each deposit of an instrument of ratification, acceptance, approval
or accession and date thereof; !

(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;

I

(e) any denunciation under Article 54.
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ARTICLE 54--Benunciation I
I

1. Any State Pat%y may denounce this Convention by written notification
to the Depositary.

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2. Denunciation shall take effect one hundred and eighty days following
the date on which notification is received by the Depositary. I Q

ARTICLE 55-Relafionskbp with othw Warsaw Convention imtruments
i

'Phis Convention shall prevail over any mles which qply to international
carriage by air;

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

CRRRPAGE BY AIR (MONTREAL CONVENTIOM

commonly king Party to-

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 Brotocol to amend the Convention for the Unification of
Certain Rules relating to International C d a g e by Air dgnd at
Warsaw on 12 October, 1929, done at The Hawe on 28
September, 1955 (hereinafler called The Hague Protocol);

(c) the Convention, Supplementary to the W m w Convention, for
the Unification of Certain Rules relating to International W a g e
by Air Performed by a Person other than the Contracting Carrier,
signed at Guadalajara on 1 8 September 196 1 (hereinaftsr called
the Guadalajara Convention);

(4 the Brotocal to amend the Convention for the Unification of
Certain Rules relating to International Carriage by Air signed at
Warsaw on 12th October, 1929 as amended by the Protocol done
at The Hague on 28th September, 1955, signed at Gwemala City
on 8th March, 1971 (hereinafter called the Guatemala City
Rotocol);

(e) Additional Protocol Nos. 1 to 3 and Monml 14.otcml No. 4 to
amend the Warsaw Convention as amended by 'l%e Hague
~~l or the Warsaw Convention as mmdd by both The
Hague htocol and the Guatemala City Pro-l, signed at
Montreal on 25th September 1975 (hereinafter called the
Montreal hotwols); or

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 subparagraphs (a) tci (e) above.

ART~CLE 5Icc.ates with mope than one .rystetn of law

1. If a State has two or more territorial units in which diffmnt systems
of law are applicable in relation to matters dealt with in this Conventim t

0 may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to ail its territorial camits or only
to one or more of them and may modifg. this declaration by submitting
another declaration at any time.

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

3. In relation to a State Party which has made such a dwhaior+

I
CAWRLQGE BYAIR (MONTREAL COWENTION)

1 (a) refmces in Article 23 to "national currency" shall be construed
as refemng to the currency of the relevant temtorial unit of that
State; md

I
(b) the reference in Article 28 to "national lawyy shail be construeb

.as refening to, the law of the relevant tepritoadal unit of that
State.

ARTICLE 57-Rmemalions !
No msmation may b made to this Convention except that a State Party

m y tit my time declare by a notification addressed to the Depositary thit
his Convention shall not apply t ~ - I

(a) international carriage by air performed and operated dimtly by
that State Party for noncommercial piqmses in respect to its
hctions and duties as a sovereign State; andor I

(b) the carriage of persons, cargo amd baggage for its milimy
authorities on aircraft registered in or l e d by that State P q ,
the whole capacity of which has k n reserved by or on behalf
of such authorities.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, having
k n duly authorized, have signed this Convention. i

DONE at Montreal on the 28th day of May of the year one thousand nine
hundred and ninewine in the English, Arabic, Chinese, French, ~ w s i q
and Spanish languages, all texts king qually authentic. This convention
shall remain deposited in the archives of the International Civil Aviation
Organization, and certified copies thereof shall be transmitted by the
Depositary to ell States Paties to this Convention, as well as to a81 States
Parties to the Warsaw Convention, The Hague Rotowl, the Guadalajara
Convention, the Guatemala City Proto601 and the Montreal Pmtocots. -

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[Signatures]

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[The industam of hh page Ir au~I~crlreb y LN. l29ILOlll