Advanced Search

Law Approving The Convention For The Unification Of Certain Rules Relating To International Carriage By Air, Done At Montreal On 28 May 1999 (1)

Original Language Title: Loi portant assentiment à la Convention pour l'unification de certaines règles relatives au transport aérien international, faite à Montréal le 28 mai 1999 (1)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

13 MAI 2003. - An Act to approve the Convention for the Unification of Certain Rules relating to International Air Transport, made in Montreal on May 28, 1999 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention for the Unification of Certain Rules relating to International Air Transport, made in Montreal on 28 May 1999, will come out of its full effect.
Art. 3. The King may take the necessary measures to implement the Convention.
Promulgate this law, order that it be re-elected from the state seal and published by the Belgian Monitor.
Given in Brussels on 13 May 2003.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of Employment, responsible for Mobility and Transport,
Ms. L. ONKELINX
Minister of Defence
A. FLAHAUT
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2002-2003.
Senate.
Documents:
Bill tabled on 15 January 2003, No. 2-1421/1.
Text adopted by the Commission. Report No. 2-1421/2.
Annales parlementaire :
Discussion, meeting of 13 March 2003.
Voting, meeting of 13 March 2003.
Room.
Documents.
Project transmitted by the Senate, No. 50-2373/1.
Text adopted in plenary and subject to Royal Assent, No. 50-2373/2.
Annales parliamentarians.
Discussion, meeting of 3 April 2003.
Voting, meeting of 3 April 2003.

CONVENTION FOR THE UNIFICATION OF REGULATIONS ON INTERNATIONAL AIR TRANSPORT
Acknowledging the important contribution of the Convention for the Unification of Certain Rules relating to International Air Transport, signed in Warsaw on 12 October 1929, referred to as the Warsaw Convention and other instruments related to the harmonization of private international air law;
Recognizing the need to modernize and restructure the Warsaw Convention and related instruments;
Recognizing the importance of ensuring the protection of consumer interests in international air transport and the need for fair compensation based on the principle of compensation;
Reaffirming the interest in the development of an orderly operation of international air transport and the smooth delivery of passengers, baggage and goods, in accordance with the principles and objectives of the Convention on International Civil Aviation, held in Chicago on 7 December 1944;
Convinced that the adoption of collective measures by States to further harmonize and codify certain rules governing international air transport is the best way to achieve a fair balance of interests,
The States parties to this Convention have agreed as follows:
CHAPTER Ier. - General
Article 1er
Scope
1. This Agreement applies to any international carriage of persons, baggage or goods, carried out by aircraft for compensation. It also applies to free air transportation by an air carrier.
2. For the purposes of this Convention, the expression international transport shall mean any transport in which, according to the provisions of the parties, the point of departure and the point of destination, whether or not there is an interruption of transport or trans-shipment, are located either on the territory of two States parties or on the territory of a single State Party if a port of call is scheduled on the territory of another State, even if that State is not a State Party. The carriage without such a stopover between two points of the territory of a single State Party shall not be considered international within the meaning of this Convention.
3. The transport to be carried out by several successive carriers is expected to constitute a single transport for the purposes of this Agreement when it has been considered by the parties as a single transaction, whether it has been concluded in the form of a single contract or a series of contracts, and it does not lose its international character by the fact that only one contract or a series of contracts must be carried out in the territory of the same State.
4. This Agreement shall also apply to the carriage referred to in Chapter V, subject to the provisions of that Chapter.
Article 2
Transport by the State and transport of postal shipments
1. This Convention shall apply to carriage by the State or other legal persons of public law, as provided for in Article 1.
2. In the carriage of postal shipments, the carrier is only responsible to the competent postal administration in accordance with the rules applicable in the relations between carriers and postal administrations.
3. The provisions of this Convention other than those of paragraph 2 above do not apply to the carriage of postal shipments.
CHAPTER II. - Documents and obligations of the parties relating to the transport of passengers, baggage and goods
Article 3
Passengers and baggage
1. In the carriage of passengers, an individual or group transport title shall be issued, containing:
(a) indication of departure and destination points;
(b) if the points of departure and destination are located in the territory of the same State Party and if one or more ports of call are provided in the territory of another State, the indication of one of these ports of call.
2. The use of any other means identifying the indications in paragraph 1 may be a substitute for the issuance of the transport title referred to in that paragraph. If such other means are used, the carrier will offer to deliver to the passenger a written document that identifies the information contained therein.
3. The carrier will issue to the passenger an identification card for each registered baggage item.
4. A written notice shall be given to the passenger indicating that, where this Agreement applies, it shall govern the liability of the carriers in the event of death or injury, and in the event of the destruction, loss or damage of baggage, or delay.
5. The failure to comply with the provisions of the preceding paragraphs shall not affect the existence or validity of the contract of carriage, which shall not be subject to the rules of this Convention, including those relating to limitation of liability.
Article 4
Goods
1. For the carriage of goods, an air transport letter is issued.
2. The use of any other means identifying the transport indications to be carried out may be a substitute for the issuance of the air transport letter. If such other means are used, the carrier shall issue to the consignor, at the request of the consignor, a receipt of goods allowing the identification of the shipment and access to the indications recorded by these other means.
Article 5
Contents of the air transport letter or receipt of goods
The air transport letter or the receipt of goods contain:
(a) indication of departure and destination points;
(b) if the points of departure and destination are located in the territory of the same State Party and one or more ports of call are provided in the territory of another State, the indication of one of these ports of call;
c) mention of the weight of the shipment.
Article 6
Document on the nature of the goods
The shipper may be required to perform the necessary customs, police and other public authorities procedures to issue a document indicating the nature of the goods. This provision does not create any duty, obligation or liability for the carrier.
Article 7
Description of Air Transport Letter
1. The air transport letter is prepared by the shipper in three original copies.
2. The first copy refers to "for the carrier"; It is signed by the sender. The second copy bears the mention "for the recipient"; it is signed by the shipper and the carrier. The third copy is signed by the carrier and delivered by it to the shipper after acceptance of the goods.
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 consignor, the carrier shall establish the air transport letter, the consignor shall be deemed to be acting on behalf of the consignor until proven otherwise.
Article 8
Documents relating to several packages
When there are several packages:
(a) the carrier of goods has the right to request the consignor to establish separate air transport letters;
(b) the shipper has the right to request the carrier to receive separate goods, where the other means referred to in paragraph 2 of section 4 are used.
Article 9
Non-compliance with mandatory documents
The non-observance of the provisions of Articles 4 to 8 does not affect the existence or validity of the contract of carriage, which will not be subject to the rules of this Convention, including those relating to limitation of liability.
Article 10
Liability for guidance in documents
1. The consignor is responsible for the accuracy of the information and declarations concerning the goods entered by the consignor or on his behalf in the air transport letter, as well as those provided and made by the consignor or on his behalf to the carrier for inclusion in the receipt of goods or for insertion in the data recorded by the other means provided for in paragraph 2 of Article 4. These provisions also apply if the person acting on behalf of the shipper is also the carrier's agent.
2. The shipper assumes responsibility for any damage to the carrier or any other person in respect of which the carrier's liability is incurred, due to irregular, inaccurate or incomplete indications and declarations provided and made by the carrier or on behalf of the shipper.
3. Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall bear the responsibility for any damage incurred by the shipper or by any other person in respect of which the shipper's liability is incurred, because of irregular, inaccurate or incomplete indications and declarations inserted by the shipper or in his name in the receipt of goods or in the data recorded by the other means provided for in paragraph 2.
Article 11
Probative value of documents
1. The letter of air transport and the receipt of goods shall, until proof of the contrary, be of the conclusion of the contract, the receipt of the goods and the conditions of the carriage contained therein.
2. The denunciations of the air transport letter and the receipt of goods, relating to the weight, dimensions and packaging of the goods and to the number of packages, shall be deemed to the contrary; those relating to the quantity, volume and condition of the goods shall be shown against the carrier only if the verification has been made by the carrier in the presence of the consignor, and is found on the air transport letter, or if it is any information relating to the apparent state of the goods.
Article 12
Right to dispose of the goods
1. The shipper has the right, provided that all the obligations arising from the contract of carriage, to dispose of the goods, either by removing it from the airport of departure or destination, or by stopping it on the way to a landing, or by having it delivered to the place of destination or on the way to a person other than the consignee initially designated, or by seeking its return to the airport of departure,
2. In the event that the delivery of the shipper's instructions is impossible, the carrier must notify the shipper immediately.
3. If the carrier executes the instructions of disposition of the consignor, without requiring the production of the copy of the air transport letter or the receipt of the goods delivered to the consignor, the consignor shall be liable, except for his appeal against the consignor, for the damage that may be caused by this fact to the person who is regularly in possession of the air transport letter or the receipt of the goods.
4. The consignor's right ceases at the time the consignee begins, in accordance with Article 13. However, if the consignee refuses the goods, or if it cannot be joined, the consignor takes its right of disposition.
Article 13
Delivery of goods
1. Except where the consignor exercised his right under Article 12, the consignee shall be entitled, upon arrival of the goods at the point of destination, to request the carrier to deliver the goods against the payment of the amount of the claims and against the execution of the conditions of carriage.
2. Unless otherwise stipulated, the carrier must notify the consignee upon arrival of the goods.
3. If the loss of the goods is recognized by the carrier or if, at the expiry of a period of seven days after it should have arrived, the goods did not arrive, the consignee is authorized to claim to the carrier the rights resulting from the contract of carriage.
Article 14
Possibility of asserting the rights of the sender and the recipient
The consignor and the consignee may assert all the rights conferred on them by articles 12 and 13, each in their own name, whether in their own interest or in the interest of others, provided that the obligations imposed by the contract of carriage are fulfilled.
Article 15
Relationship between the sender and the recipient or relationship between third parties
1. Articles 12, 13 and 14 do not prejudice the relationship between the shipper and the consignee, or the mutual relations of the third parties whose rights arise from the shipper or the consignee.
2. Any clause derogating from the provisions of articles 12, 13 and 14 shall be included in the air transport letter or in the receipt of goods.
Article 16
Customs, police or other public authorities
1. The consignor is required to provide the information and documents that, prior to delivery of the goods to the consignee, are necessary for the completion of customs, police or other public authorities. The shipper shall be liable to the carrier for any damage that may result from the absence, insufficiency or irregularity of such information and parts, except in the case of fault on the part of the carrier or its attendants or agents.
2. The carrier is not required to consider whether this information and documents are accurate or sufficient.
CHAPTER III. - Liability of the carrier and extent of compensation for damage
Article 17
Death or injury to the passenger Damage to baggage
1. The carrier is responsible for the injury that occurred in the event of death or bodily injury suffered by a passenger, by this alone that the accident that caused death or injury occurred on board the aircraft or during all boarding or landing operations.
2. The carrier is responsible for the damage that occurred in the event of the destruction, loss or damage of checked baggage, by that only the fact that caused the destruction, loss or damage occurred on board the aircraft or during any period during which the trans-porter had the custody of the checked baggage. However, the carrier is not responsible if and to the extent that the damage results from the nature or defect of the baggage. In the case of unregistered baggage, including personal effects, the carrier shall be liable if the damage is caused by his or her fault or that of his or her attendants or agents.
3. If the carrier admits the loss of checked baggage or if the checked baggage did not arrive at destination within twenty-one days after the date on which it should have arrived, the passenger is authorized to claim against the carrier the rights arising from the contract of carriage.
4. Except as otherwise provided, in this Agreement the term "baggage" means checked baggage as well as unregistered baggage.
Article 18
Damage to the goods
1. The carrier is responsible for the damage that occurred in the event of the destruction, loss or damage of the goods by that only the fact that caused the damage occurred during the air transport.
2. However, the carrier is not responsible if it determines, and to the extent that it determines, that the destruction, loss or avagance of the goods results from one or more of the following facts:
(a) the nature or defect of the goods;
(b) the defective packaging of the goods by a person other than the carrier or its attendants or agents;
(c) war or armed conflict;
(d) an act of the public authority carried out in relation to the entry, exit or transit of the goods.
3. Air transport, as defined in paragraph 1 of this Article, shall include the period during which the goods are in the custody of the carrier.
4. The period of air transport does not cover any ground, sea or inland water carried out outside an airport. However, where such carriage is carried out in the performance of the air transport contract for loading, delivery or trans-shipment, any damage is presumed, unless otherwise proved, to result from an incident occurring during the air transport. If, without the consent of the shipper, the carrier replaces, in whole or in part, the carriage agreed in the agreement between the parties as being the carriage by air, by another mode of transport, that carriage by another mode will be considered to be part of the air transport period.
Article 19
Retard
The carrier is responsible for the damage resulting from delays in the air transportation of passengers, baggage or goods. However, the carrier is not responsible for the damage caused by delay if it proves that it, its attendants and agents took all the measures that could reasonably be required to avoid injury, or that it was impossible for them to take them.
Rule 20
Exemption
In the event that the carrier proves that the negligence or other detrimental act or omission of the person who seeks compensation or of the person whose rights it holds has caused or contributed to the injury, the carrier is exempted in whole or in part from its liability to that person, to the extent that such negligence or other detrimental act or omission has caused or contributed to the injury. Where an application for compensation is filed by a person other than the passenger, because of the death or injury suffered by the passenger, the carrier is also exempted in whole or in part of his or her responsibility to the extent that it proves that the negligence or other detrimental act or omission of the passenger caused or contributed to the injury. This section applies to all provisions of the liability agreement, including paragraph 1 of Article 21.
Article 21
Compensation for death or injury to the passenger
1. For damages referred to in paragraph 1 of Article 17 and not exceeding 100,000 special drawing rights per passenger, the carrier may not exclude or limit its liability.
2. The carrier is not liable for the damage referred to in paragraph 1 of section 17 to the extent that they exceed 100,000 special drawing rights per passenger, if it proves:
(a) that the damage is not due to negligence or other detrimental act or omission of the carrier, its attendants or its agents, or
(b) that such damage results solely from the negligence or other detrimental act or omission of a third party.
Article 22
Liability limits for delays, baggage and goods
1. In the event of damage to passengers resulting from delays under section 19, the carrier's liability is limited to the sum of 4150 special drawing fees per passenger.
2. In the carriage of baggage, the carrier's liability in the event of destruction, loss, damage or delay is limited to the sum of 1,000 special drawing fees per passenger, except for a special declaration of interest in the delivery made by the passenger at the time of delivery of the checked baggage to the carrier and for the possible payment of an additional amount. In this case, the carrier will be required to pay up to the amount declared, unless it proves that it is superior to the passenger's real interest in delivery.
3. In the carriage of goods, the liability of the carrier, in the event of destruction, loss, damage or retardation, is limited to the sum of 17 special drawing fees per kilogram, except for a special declaration of interest in the delivery made by the shipper at the time of delivery of the package to the carrier and with the payment of an additional amount possible. In this case, the carrier will be required to pay up to the amount declared, unless it proves that it is superior to the actual interest of the shipper on delivery.
4. In the event of destruction, loss, damage or delay of any part of the goods, or any object contained therein, only the total weight of the package(s) to which it is concerned shall be taken into consideration to determine the carrier's liability limit. However, where the destruction, loss, damage or delay of a portion of the goods, or of an object contained therein, affects the value of other packages covered by the same air transport letter or by the same receipt or, in the absence of these documents, by the same indications recorded by the other means referred to in Article 4, paragraph 2, the total weight of these packages must be taken into consideration in determining the limit of liability.
5. The provisions of paragraphs 1 and 2 of this section shall not apply if it is proven that the damage is the result of an act or omission of the carrier, its attendants or its agents, done either with the intention of causing injury, or shall be drastically and with awareness that such damage will likely result, provided that, in the case of an act or omission of a person or agent,
6. The limits laid down in section 21 and this section shall not, in effect, remove from the court the power to allocate in addition, in accordance with its law, an amount corresponding to all or part of the costs and other costs of trial incurred by the applicant, including interest. The previous provision does not apply where the amount of compensation allocated, not including costs and other costs of trial, does not exceed the amount that the carrier has provided in writing to the applicant within six months of the fact that caused the injury or before the proceeding was brought in if it is after that period.
Article 23
Conversion of monetary units
1. The amounts shown in special drawing rights in this Convention shall be deemed to relate to the special drawing rights as defined by the International Monetary Fund. The conversion of these amounts to national currencies shall be effected, in the event of a judicial proceeding, according to the value of these currencies in special drawing rights on the date of the judgment. The value of a national currency of a State Party that is a member of the International Monetary Fund is calculated on the basis of the assessment method applied by the International Monetary Fund on the date of the judgment for its own transactions and transactions. The value of a national currency of a State Party that is not a member of the International Monetary Fund shall be calculated in the manner determined by that 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, at the time of ratification or accession, or at any time thereafter, declare that the limit of liability of the carrier prescribed in Article 21 is fixed, in judicial proceedings in their territory, to the sum of 1,500,000 monetary units per passenger; 62,500 monetary units per passenger for paragraph 1 of Article 22; 15,000 monetary units per passenger for paragraph 2 of Article 22; and 250 monetary units per kilogram for paragraph 3 of Article 22. This monetary unit corresponds to sixty-five milligrams and half of gold for nine hundred thousandths of end. The sums can be converted to the national currency concerned in round figures. The conversion of these amounts into national currency will be carried out in accordance with the laws of the State in question.
3. The calculation referred to in the last sentence of paragraph 1 of this article and the conversion referred to in paragraph 2 of this article shall be carried out in such a way as to express in the national currency of the State party the same real value, to the extent possible, for the amounts provided for in articles 21 and 22, as that derived from the application of the first three sentences of paragraph 1 of this article. The States Parties shall communicate to the depositary their method of calculation in accordance with paragraph 1 of this article or the results of the conversion in accordance with paragraph 2 of this article, as the case may be, at the time of deposit of their instrument of ratification, acceptance or approval of or accession to this Convention and whenever a change occurs in this method of calculation or in these results.
Article 24
Revision of limits
1. Without prejudice to the provisions of Article 25 of this Agreement and subject to paragraph 2 below, the limits of liability prescribed in Articles 21, 22 and 23 shall be revised by the depositary every five years, the first revision occurring at the end of the fifth year following the date of entry into force of this Agreement, or if the agreement does not enter into force within five years after the date on which it is first opened for signature The measurement of the inflation rate to be used to determine the inflation coefficient is the weighted average of the annual rates of increase or decrease in consumer price indices of the States whose currencies make up the special drawing right referred to in paragraph 1 of Article 23.
2. If the revision referred to in the preceding paragraph concludes that the inflation factor exceeded 10 per cent, the depositary shall notify States parties of a revision of the limits of liability. Any such revision shall take effect six months after notification to the States parties. If, within three months after this notification to the States parties, a majority of States parties shall notify its disapproval, the revision shall not take 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 referred to in paragraph 2 of this article shall apply at any time, provided that a third of the States parties express a wish in that direction and provided that the inflation coefficient referred to in paragraph 1 is greater than 30% of what was at the date of the previous revision or the date of entry into force of this Convention if no earlier revision has been made. The subsequent revisions in accordance with the procedure described in paragraph 1 of this article shall take place every five years from the end of the fifth year following the date of the revision made under this paragraph.
Rule 25
Limitation manipulation
A carrier may stipulate that the contract of carriage may set limits of liability higher than those provided for in this Agreement, or may not contain any limits of liability.
Rule 26
Nullity of contractual provisions
Any clause to exempt the carrier from liability or to establish a limit below that set out in this Agreement is null and void, but the invalidity of this clause does not result in the nullity of the contract that remains subject to the provisions of this Agreement.
Rule 27
Freedom of contract
Nothing in this Agreement shall prevent a carrier from denying the conclusion of a contract of carriage, waiving the defences given to it under this Agreement or establishing conditions that are not in contradiction with the provisions of this Agreement.
Rule 28
Advance payments
In the event of an aviation accident involving the death or injury of passengers, the carrier, if required by its country's legislation, will pay without delay advances to natural persons who are entitled to compensation to enable them to meet their immediate economic needs. These advances are not a recognition of liability and may be deducted from the amounts subsequently paid by the carrier as compensation.
Rule 29
Principle of remedies
In the carriage of passengers, baggage and goods, any action for damages, in any capacity, under this Agreement, by virtue of a contract or unlawful act or for any other cause, may be exercised only under the conditions and limits of liability provided for in this Agreement, without prejudice to the determination of persons entitled to act and their respective rights. In any such action, no punitive or exemplary damages or damages may be obtained in any way other than reparation.
Rule 30
Claims, Agents - Total amount of compensation
1. If an action is brought against a carrier's agent or agent as a result of an injury referred to in this Agreement, such person or agent, if he or she proves that he or she acted in the performance of his or her duties, may avail himself of the conditions and limits of liability that may be invoked by the carrier under this Agreement.
2. The total amount of the repair that, in this case, may be obtained from the carrier, its attendants and its agents shall not exceed those limits.
3. Except for the carriage of goods, the provisions of paragraphs 1 and 2 of this section shall not apply if it is proven that the damage is the result of an act or omission of the attendant or agent, either with the intention of causing injury or shall be grievously and with awareness that such damage will likely result.
Rule 31
Protest periods
1. Receipt of checked baggage and goods without protest by the consignee shall be presumed, unless otherwise proved, that baggage and goods have been delivered in good condition and in accordance with the title of carriage or the indications recorded by the other means referred to in Article 3, paragraph 2, and Article 4, paragraph 2.
2. In the event of damage, the consignee must send a protest to the carrier immediately after the discovery of the agar and, at the latest, within seven days for the checked baggage and fourteen days for the goods on the date of their receipt. In the event of delay, the protest shall be made no later than twenty-one days from the day on which the baggage or goods have been made available.
3. Any protest must be made by written reservation and delivered or shipped within the time limit for this protest.
4. In the absence of protest within the time frame, any actions against the carrier are inadmissible, except for the case of fraud of the carrier.
Rule 32
Death of the responsible person
In the event of the death of the responsible person, a liability action is admissible, in accordance with the provisions of this Convention, against those who legally represent his or her succession.
Rule 33
Competent jurisdiction
1. The liability action shall be brought, at the choice of the applicant, in the territory of one of the States parties, either before the court of the carrier's domicile, the principal seat of its operation or the place where it owns an establishment by the care of which the contract was entered, or before the court of the place of destination.
2. In respect of the damage resulting from the death or bodily injury suffered by a passenger, the action in liability may be brought before any of the courts referred to in paragraph 1 of this section or, in the light of the specificities of the air transport, on the territory of a State Party where the passenger has its main and permanent residence at the time of the accident and to which or from which the carrier operates its own air services,
3. For the purposes of paragraph 2:
(a) "commercial agreement" means an agreement other than an agency agreement between carriers on the provision of common passenger air transport services;
(b) "main and permanent residence" means the passenger's unique fixed and permanent place of stay at the time of the accident. The nationality of the passenger will not be the determining factor in this regard.
4. The proceedings shall be governed by the law of the court seized of the case.
Rule 34
Arbitration
1. Subject to the provisions of this Article, the parties to the freight contract may stipulate that any dispute relating to the liability of the carrier under this Agreement shall be settled by arbitration. This agreement will be documented in writing.
2. The arbitration procedure shall take place, at the choice of the applicant, in one of the jurisdictional places provided for in Article 33.
3. The arbitrator or arbitral tribunal shall apply the provisions of this Agreement.
4. The provisions of paragraphs 2 and 3 of this article shall be deemed to be part of any clause or arbitral agreement, and any provision contrary to such clause or agreement shall be null and void.
Rule 35
Time limit for appeal
1. The action on liability must be brought, under penalty of loss, within two years of arrival to destination, or on the day the aircraft should have arrived, or on the day the transportation was stopped.
2. The method of calculating the time limit is determined by the law of the court seized.
Rule 36
Successive transport
1. In the case of carriage governed by the definition of paragraph 3 of Article 1, to be carried out by various successive carriers, each carrier accepting passengers, baggage or goods shall be subject to the rules set out in this Agreement, and shall be one of the parts of the contract of carriage, provided that this contract relates to the part of the carriage carried out under its control.
2. In the case of such carriage, the passenger or his or her right-handed persons may only resort to the carrier who carried out the carriage during which the accident or delay occurred, except in the event that, by express stipulation, the first carrier has assumed responsibility for the entire journey.
3. In the case of baggage or goods, the passenger or shipper will have recourse against the first carrier, and the consignee or passenger who has the right to deliver against the latter, and both may, in addition, act against the carrier who has carried out the transport during which the destruction, loss, agar or delay occurred. These carriers will be in solidarity with the passenger, or the shipper or the consignee.
Rule 37
Right of appeal against third parties
This Convention does not prejudge in any way the question of whether or not the person held liable under its provisions has an appeal against any other person.
CHAPTER IV. - Intermodal transport
Rule 38
Intermodal transport
1. In the case of intermodal transport carried out in part by air and in part by any other means of transport, the provisions of this Agreement shall apply, subject to paragraph 4 of Article 18, only to the air transport and if it meets the conditions of Article 1.
2. Nothing in this Agreement shall prevent the parties, in the case of intermodal transport, from inserting in the airline conditions relating to other modes of transport, provided that the provisions of this Agreement are complied with with in respect of air transport.
CHAPTER V. - Air transportation by a person other than the contractual carrier
Rule 39
Contractual Carrier - De facto Carrier
The provisions of this chapter shall apply where a person (hereinafter referred to as "contractual carrier") enters into a contract of carriage governed by this Agreement with a passenger or consignor or with a person acting on behalf of the passenger or shipper, and another person (hereinafter referred to as "de facto carrier") carries out, by virtue of a subsequent authorization given by the contracting carrier, all or part of the transport This authorization is presumed unless otherwise proven.
Rule 40
respective liability of contractual carrier and de facto carrier
Unless otherwise provided in this chapter, if a de facto carrier carries out all or part of the carriage that, in accordance with the contract referred to in section 39, is governed by this Agreement, the contracting carrier and the de facto carrier shall be subject to the rules of this Agreement, the first for the totality of the carriage contemplated in the contract, the second only for the carriage it carries out.
Rule 41
Mutual attribution
1. The acts and omissions of the de facto carrier or its agents and agents acting in the performance of their duties, relating to the carriage performed by the de facto carrier, are also deemed to be those of the contractual carrier.
2. The acts and omissions of the contractual carrier or its agents and agents acting in the performance of their duties, relating to the carriage carried out by the de facto carrier, are also deemed to be those of the de facto carrier. However, none of these acts or omissions may submit the de facto carrier to a liability exceeding the amounts provided for in sections 21, 22, 23 and 24. No special agreement under which the contracting carrier assumes obligations that do not impose this Agreement, no waiver of rights or defences provided for in this Agreement or any special declaration of interest in delivery, referred to in Article 22 of this Agreement, shall have effect with respect to the de facto carrier, except the consent of the de facto carrier.
Rule 42
Notification of orders and protests
The instructions or protests to be notified to the carrier, pursuant to this Agreement, have the same effect as addressed to the contractual carrier or the de facto carrier. However, the instructions referred to in section 12 shall only be effective if addressed to the contract carrier.
Rule 43
Submissions and agents
With respect to the carriage by the de facto carrier, any officer or agent of that carrier or of the contracting carrier, if he or she proves that he or she acted in the performance of his or her duties, may avail himself of the conditions and limits of liability applicable under this Agreement to the carrier of which he or she is the agent, unless it is proven that he or she acted in such a way that the limits of liability may not be invoked.
Rule 44
Repair
With respect to the carriage by the de facto carrier, the total amount of the repair that may be obtained from that carrier, the contracting carrier and their attendants and agents when they have acted in the performance of their duties, cannot exceed the highest compensation that may be dependant either from the contracting carrier or from the de facto carrier, under this Agreement, provided that none of the persons referred to in this Agreement are
Rule 45
Notification of liability actions
Any liability action relating to the carriage by the de facto carrier may be brought, at the choice of the applicant, against that carrier or the contracting carrier or against either, jointly or separately. If the action is brought against only one of these carriers, the said carrier shall have the right to call the other carrier before the court in question, the effects of that intervention and the procedure applicable to it shall be settled by the law of that court.
Rule 46
Juridiction annex
Any action on liability under section 45 shall be brought, at the choice of the applicant, in the territory of one of the States parties, either before one of the courts where an action may be brought against the contractual carrier, in accordance with section 33, or before the court of the domicile of the de facto carrier or the principal seat of its operation.
Rule 47
Nullity of contractual provisions
Any clause to exempt the contractual carrier or the de facto carrier from their liability under this chapter or to establish a limit below that set out in this chapter is null and void, but the invalidity of this clause does not result in the nullity of the contract that remains subject to the provisions of this chapter.
Rule 48
Relationship between contractual carrier and de facto carrier
Subject to section 45, no provision of this chapter shall be construed as affecting the rights and obligations existing between carriers, including any right to an appeal or compensation.
CHAPTER VI. - Other provisions
Rule 49
Application requirement
Any terms of the contract of carriage and any particular conventions prior to the damage by which the parties would derogate from the rules of this Convention either by a determination of the applicable law or by an amendment of the rules of jurisdiction.
Rule 50
Insurance
The States parties require that their carriers provide sufficient assurance to cover their liability under this Agreement. A carrier may be required, by the State party to which it operates services, to provide evidence that it maintains sufficient insurance covering its liability under this Agreement.
Rule 51
Transport in extraordinary circumstances
The provisions of sections 3 to 5, 7 and 8 relating to the titles of carriage are not applicable to the carriage carried out in extraordinary circumstances outside of any normal operation of the operation of a carrier.
Rule 52
Definition of the term "day"
When in this Agreement it is a matter of days, it is common days and not working days.
CHAPTER VII. - Protocolary provisions
Rule 53
Signature, ratification and entry into force
1. This Convention is open in Montreal on 28 May 1999 for signature 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 will be opened for signature by all States at the headquarters of the International Civil Aviation Organization (ICAO) in Montreal until it comes into force in accordance with paragraph 6 of this article.
2. Similarly, this Convention will be open for signature by regional economic integration organizations. For the purposes of this Convention, a "regional economic integration organization" is an organization made up of sovereign states of a given region that has jurisdiction over certain matters governed by the Convention and has been duly authorized to sign and ratify, accept, approve or accede to this Convention. Except as provided in paragraph 2 of Article 1, paragraph 1, subparagraph (b), of Article 3, paragraph (b) of Article 5, Articles 23, 33, 46 and paragraph (b) of Article 57, any mention made of a "State Party" or "States Parties" shall also apply to regional economic integration organizations. For the purposes of Article 24, mentions made of "a majority of the States parties" and "a third of the States parties" do not apply to regional economic integration organizations.
3. This Convention is subject to ratification by the States and economic integration organizations that have signed it.
4. Any State or regional economic integration organization that does not sign 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, which is hereby designated as depositary.
6. This Agreement shall enter into force on the sixtieth day after the date of deposit with the depositary of the thirtieth instrument of ratification, acceptance, approval or accession and between the States that have deposited such an instrument. Instruments deposited by regional economic integration organizations will not be counted for the purposes of this paragraph.
7. For other States and for other regional economic integration organizations, this Agreement shall take effect sixty days after the date of the deposit of an instrument of ratification, acceptance, approval or accession.
8. The depositary shall promptly notify all signatories and all States parties:
(a) each signature of this Convention and its date;
(b) each deposit of an instrument of ratification, acceptance, approval or accession and its date;
(c) the effective date of this Agreement;
(d) the effective date of any revision of the liability limits established under this Convention;
(e) any denunciation under section 54.
Rule 54
Denunciation
1. Any State Party may denounce this Convention by written notification to the depositary.
2. The denunciation shall take effect one hundred and eighty days after the date on which the depositary has received the notification.
Rule 55
Relationship with other instruments of the Warsaw Convention
This Convention shall prevail over all rules applicable to international air transport:
1. between States parties to this Convention as a result of the fact that these States are commonly parties to the following instruments:
(a) Convention for the Unification of Certain International Air Transport Rules, signed in Warsaw on 12 October 1929 (hereinafter referred to as the Warsaw Convention);
(b) Protocol Amending the Convention for the Unification of Certain Rules relating to International Air Transport signed in Warsaw on 12 October 1929, done at The Hague on 28 September 1955 (hereinafter referred to as the Hague Protocol);
(c) Convention complementary to the Warsaw Convention, for the unification of certain rules relating to international air transport by a person other than the contractual carrier, signed in Guadalajara on 18 September 1961 (hereinafter referred to as the Guadalajara Convention);
(d) Protocol Amending the Convention for the Unification of Certain Rules relating to International Air Transport signed in Warsaw on 12 October 1929 amended by the Protocol made in The Hague on 28 September 1955, signed in Guatemala on 8 March 1971 (hereinafter referred to as the Guatemala Protocol);
(e) Additional Protocols No. 1-3 and Montreal Protocol No. 4 amending the Warsaw Convention as amended by the Hague Protocol or the Warsaw Convention amended by the Hague Protocol and the Guatemala Protocol signed in Montreal on 25 September 1975 (hereinafter referred to as the Montreal Protocols); or
2. in the territory of any State Party to this Convention because that State is a party to one or more of the instruments referred to in subparagraphs (a) to (e) above.
Rule 56
States with more than one legal regime
1. If a State includes two or more territorial units in which different legal regimes apply to matters governed by this Agreement, it may, at the time of signature, ratification, acceptance, approval or accession, declare that the said Agreement applies to all its territorial units or only to one or more of them and may at any time amend this declaration by submitting a new one.
2. Any such declaration shall be communicated to the depositary and shall expressly indicate the territorial units to which the agreement applies.
3. In the case of a State Party that made such a declaration:
(a) references, in Article 23, to the "national currency" are interpreted as meaning the currency of the relevant territorial unit of that State;
(b) in article 28, the reference to the "national law" is interpreted as referring to the law of the relevant territorial unit of that State.
Rule 57
Reservations
No reservation may be allowed to this Convention, except that a State Party may at any time declare, by notification to the depositary, that this Convention does not apply:
(a) international air transport carried out and operated directly by that State for non-commercial purposes in respect of its functions and duties as a sovereign State;
(b) the carriage of persons, baggage and goods carried out for its military authorities on board aircraft registered in or leased by that State Party and whose full capacity has been reserved by or on behalf of those authorities.
In faith, undersigned plenipotentiaries, duly authorized, have signed this Convention.
Made in Montreal on 28e May of the year nine hundred and ninety-nine in the French, English, Arabic, Chinese, Spanish and Russian languages, all texts being equally authentic. This Convention will remain in the archives of the International Civil Aviation Organization, and the depositary will transmit certified copies thereof to all States parties to the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala Protocol and the Montreal Protocols.

For the consultation of the table, see image
The Kingdom of Belgium has filed the following statement:
"The convention is not applicable:
(a) international air transport carried out and operated directly by Belgium for non-commercial purposes in respect of its sovereign functions and duties;
(b) the carriage of persons, baggage and goods carried out for its military authorities on board aircraft registered in or leased by Belgium and whose full capacity has been reserved by or on behalf of those authorities. »