DECREE NO. 5,910, OF September 27, 2006.

Promulga the Convention for the Unification of Certain Rules Concerning the International Air Transport, celebrated in Montreal, on May 28, 1999.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers him the art. 84, inciso IV, of the Constitution, and

Considering that the Convention for the Unification of Certain Ceres Rules Regarding the International Air Transport was concluded in Montreal on May 28, 1999;

Whereas the National Congress passed this Convention through the Legislative Decree no 59, of April 18, 2006;

Considering that the Agreement entered into international force on November 4, 2003, and for Brazil, on July 18 of 2006, under the terms of your Article 53;

DECRETA:

Art. 1st The Convention for the Unification of Certain Rules Concerning the International Air Transport, concluded in Montreal, on May 28, 1999, append by copy to the present Decree, will be performed and fulfilled as entirely as it contains.

Art. 2nd are subject to the approval of the National Congress any acts that may result in revision of the said Convention, as well as any further adjustments that, in the terms of art. 49, inciso I, of the Constitution, carries charges or gravy commitments to the national heritage.

Art. 3rd This Decree goes into effect on the date of its publication.

Brasilia, September 27, 2006; 185th of the Independence and 118th of the Republic.

LUIZ INÁCIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the one published in the D.O.U. of 9/28/2006.

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL AIR TRANSPORT

THE STATES PARTIES TO THE PRESENT CONVENTION:

RECOGNIZING the important contribution of the Convention Towards the Unification of Certain Rules Concerning Air Transport International, signed in Warsaw, on October 12, 1929, henceforth named?Warsaw Convention?, and of other related instruments, for the harmonisation of private international aeronautical law;

RECOGNIZING the need to modernize and remerge the Warsaw Convention and the related instruments;

RECOGNIZING the importance of ensuring the protection of the interests of users of international air transport and the need for an eequitative indemnity, founded on the principle of restitution;

REAFFIRMING the desirability of an orderly development of international air transport operations and the fluid movement of passengers, baggage and cargo, as per the principles and objectives of the International Civil Aviation Convention, made in Chicago, in December 7, 1944;

CONVINCED that the collective action of the states for a greater harmonization and codification of certain rules regulating international air transport, upon a new Convention, is the most appropriate means for lograting a balance of equestic interests;

CONCAME THE FOLLOWING:

Chapter I

General provisions

Article 1-Scope of Application

1. This Convention shall apply to all international transport of persons, baggage or cargo, effected on aircraft, upon remuneration. It also applies to free transport carried out on aircraft, by an air transport company.

2. For the purposes of this Convention, the expression of international transport means every transport in which, as stipulated by the parties, the starting point and the point of destination, whether or not there is interruption in the transport, or transhipment, are situated, be it in the territory of two States Parties, be it in the territory of a single State Party, and there is planned scale in the territory of any other State, even if this is not a State Party. The transport between two points within the territory of a single State Party, without a scale agreed upon in the territory of another State, shall not be considered international transport, for the purposes of this Convention.

3. The transport which is effected by several successive carriers shall constitute, for the purposes of this Convention, one carriage only, when there has been deemed by the parties to be a single operation, both if there is an object of one contract, as of a series of contracts, and will not lose its international character by the fact that one contract or a series of contracts should be executed in full in the territory of the same State.

4. This Convention also applies to the transport provided for in Chapter V, under the conditions laid down therein.

Article 2-Transport Realized by the State and Transport of Postal Mala

1. This Convention applies to the transport effected by the State or by the other legal persons of public law, under the conditions set out in Article 1.

2. In the transport of postal suitcase, the carrier shall be liable solely to the corresponding postal administration in accordance with the standards applicable to the relations between the carriers and postal administrations.

3. Except as provided for in paragraph 2 of this Article, the provisions of this Convention shall not apply to the transport of postal suitcase.

Chapter II

Documentation and Obligations of the Parties, Relatives to Transport of Passengers, Baggage and Charge

Article 3-Passengers and Baggage

1. In the carriage of passengers will be dispatted a transport document, individual or collective, which contains:

a) the indication of the starting and target points;

b) if the starting and destination points are situated in the territory of a single State Party and, should there be any one or more scales in the territory of another State, the indication of at least one of these scales.

2. Any other means in which the information mentioned in paragraph 1 may be allowed to replace the dispatch of the document mentioned in that number. If one of these means is used, the transporter will offer the passenger by expedited a written statement of the information kept by those means.

3. The carrier will deliver to the passenger a baggage identification tallit for each volume of baggage registered.

4. The passenger will receive a written notice stating that when this Convention is applicable, this shall regulate the liability of the carrier by death or injury, by destruction, loss or failure of baggage, and by delay.

5. Failure to comply with the provisions of the preceding paragraphs shall not affect the existence or the validity of the contract of carriage, which shall, notwithstanding, be subject to the rules of this Convention, including those relating to the limits of liability.

Article 4-Charge

1. In the cargo transport, an air knowledge will be dispattable.

2. Any other means in which they construct the information relating to the transport that should be executed could replace the emission of air knowledge. If other means are used, the carrier shall deliver to the consignor, if the latter so requests, a receipt of the cargo, which allows the identification of the consignment and access to the information recorded by those other means.

Article 5-Content of Air Knowledge or Cargo Recibo

Air knowledge or the load receipt should include:

a) the indication of the points of departure and destination;

b) if the points of departure and destination are situated in the territory of a single State Party, and there are one or more scales provided for in the territory of another State, the indication of at least one of those scales; and

c) the indication of the weight of the shipment.

Article 6-Document Relative to the Nature of the Cargo

You may be required from the dispatcher to deliver a document indicating the nature of the cargo, if that is necessary for the fulfilment of the formalities of aduana, police and other similar public authorities. This provision does not create for the transporter any duty, obligation or liability resulting from the previously established.

Article 7-Description of Air Knowledge

1. The air knowledge will be issued by the forwarder on three original routes.

2. The first route will contain the referral? for the transporter?, and will be signed by the forwarder. The second route will contain the nomination? for the recipient?, and will be signed by the forwarder and the transporter. The third way will be signed by the transporter and by this one delivered to the forwarder, after acceptance of the cargo.

3. The signature of the conveyor and that of the forwarder will be able to be printed or replaced by a stamp.

4. If, at the request of the consignor, the carrier issues the air knowledge, it shall be deemed, unless proven otherwise, that the carrier acted on behalf of the shipper.

Article 8-Documents for Multiple Volumes

When there is more than one volume:

a) the carrier of the cargo will be entitled to request the forwarder to issue separate air knowledge;

b) the shipper will be entitled to ask the carrier for the delivery of separate cargo receipts, when they use the other means provided for in paragraph 2 of Article 4.

Article 9-Failure to comply with the Requirements for the Documents

The inobservance of the provisions of Articles 4 a to 8 will not affect the existence or the validity of the contract of carriage which, notwithstanding, will be subject to the rules of this Convention, including those relating to the limits of liability.

Article 10-Responsibility for the Indications Inscribed in the Documents

1. The forwarder is responsible for the correctness of the indications and declarations concernable to the cargo made by him or in his name in the aerial knowledge, or made by him or in his name to the carrier, for inscription on the cargo receipt or for inclusion in the records kept by other means, provided for in Article 4 number 2. This provision applies also when the person acting on behalf of the forwarder is also prested from the carrier.

2 The forwarder will indemnify the carrier for all damage that this has suffered, or any other person in respect of which the transporter is responsible, in consequence of the irregular, inaccurate, or incomplete indications and statements made by him or in his name.

3. Subject to the provisions of numbers 1 and 2 of this Article, the carrier should indemnify the shipper for all damage that this has suffered, or any other person in respect of which the forwarder is responsible, in consequence of the indications and irregular, inaccurate or incomplete statements made by the carrier or on his or her name on the cargo receipt or in the records kept by other means, mentioned in Article 4 number 2.

Article 11-Probatory value of the Documents

1. Both air knowledge and the cargo receipt constitute presumption, unless proven otherwise, of the conclusion of the contract, the acceptance of the load and the conditions of transport containing.

2. The declarations of the air knowledge or the cargo receipt relating to the weight, dimensions and packaging of the cargo, as well as the number of volumes, constitute presumption, unless proven otherwise, of the declared data; the particulars of the quantity, volume and state of the cargo do not constitute evidence against the carrier, unless the latter is proven in the presence of the consignor and there is a record in the air knowledge or the cargo receipt, or that it is concerned with indications regarding the state apparent from the load.

Article 12-Charge Disposition Law

1. The forwarder is entitled, under the condition of complying with all obligations resulting from the contract of carriage, to have the cargo, by withdrawing it from the airport of exit or destination, or by detaining it in the course of the journey in the event of a landing, or by making it deliver at the place of destination or in the course of the trip to a person distinct from the recipient originally assigned, or by asking for it to be returned to the departure airport. The forwarder shall not exercise this right of disposition in such a way as to prejudice the carrier or other forwarders and shall reimburse all expenditers occasioned by the exercise of this right.

2. Should it be impossible to carry out the dispatcher's instructions, the transporter should notify you immediately.

3. If the carrier complies with the dispatcher's instructions regarding the disposition of the cargo, without requiring the presentation of the airway of the air knowledge or the cargo receipt delivered to the latter, he / she shall be liable, without prejudice to his right to to ressarcate from the forwarder, from the damage that may be caused by this fact to whom one finds legally of possession of that copy of the air knowledge or the cargo receipt.

4. The right of the forwarder cesses at the time it begins that of the consignee, as per Article 13. Notwithstanding, if the recipient refuses to accept the load or if it is not found, the forwarder shall regain his / her right of disposition.

Article 13-Delivery of the Cargo

1. Unless the freight forwarder is exercised its right in accordance with Article 12, the consignee shall be entitled, from the arrival of the cargo to the place of destination, to ask the carrier to hand him the cargo, upon payment of the due importance, provided that the conditions of carriage are fulfilled.

2. Unless stipulated otherwise, the transporter must warn the recipient of the arrival of the cargo, as soon as this arrives.

3. If the carrier admits to the loss of the cargo, or if the cargo has not arrived after a period of seven days from the date on which there should be arrived, the consignee may make it worth against the carrier the rights arising from the contract of transportation.

Article 14-Execution of Expeditor and Recipient Rights

The shipper and the consignee will be able to assert, respectively, all the rights that grant them the Articles 12 and 13, each in its own name, is in its own interest, be it in the interest of a third party, provided that they comply with the obligations imposed by the transport contract.

Article 15-Relationship between the Expeditor and the Recipient and Relations between Third Parties

1. Articles 12, 13 and 14 do not affect the relations of the forwarder and the consignee among themselves, nor the relations between third parties whose rights come from the shipper or the consignee.

2. The provisions of Articles 12, 13 and 14 will only be able to modify themselves by means of an explicit clause consignothing in air knowledge or in the cargo receipt.

Article 16-Formalities of Aduana, Police, or Other Public Authorities

1. The forwarder shall provide the information and documents that are necessary to comply with customs formalities, police and any other public authority, prior to the delivery of the cargo to the consignee. The forwarder shall be liable to the carrier for all damages that may result from the lack, insufficiency or irregularity of the said information or documents, unless the same is due to the fault of the carrier or his or her preposterers.

2. The transporter is not obliged to examine whether such information or the documents are exact or sufficient.

Chapter III

Transporter's Responsibility and Measure of Dano Indenization

Article 17-Death and Lesions of the Passengers-Damage to the Baggage

1. The carrier is responsible for the damage caused in the event of a passenger's death or personal injury, provided that the accident that caused the death or injury there is occurred on board the aircraft or during any boarding or disembarking operations.

2. The carrier is responsible for the damage caused in the event of destruction, loss or failure of the registered baggage, in the case where the destruction, loss or damage there is occurred on board the aircraft or during any period in which the baggage is registered find in the custody of the transporter. Notwithstanding, the carrier shall not be liable to the extent that the damage is due to nature, to a defect or to an own vindication of the baggage. In the case of unregistered baggage, including the personal objects, the transporter is responsible, if the damage is due to his or her preposters.

3. If the carrier admits to the loss of the registered baggage, or if the registered baggage has not arrived after twenty-one days following the date on which there should be arrived, the passenger will be able to assert against the carrier the rights arising of the transport contract.

4. Unless otherwise indicated, in the present Convention the term? baggage? means both the checked baggage and the unregistered baggage.

Article 18-Dano à Charge

1. The carrier is responsible for the damage arising from the destruction, loss or failure of the cargo, under the only condition that the fact that caused the damage there occurred during air transport.

2. Notwithstanding, the carrier shall not be liable to the extent that it proves that the destruction or loss or failure of the load is due to one or more of the following facts:

a) nature of the load, or a defect or an own vindication of it;

b) defective packaging of the load, carried out by a person other than the carrier or some of their preposters;

c) act of war or armed conflict;

d) act of public authority performed in relation to the entry, exit, or transit of the cargo.

3. The air transport, in the sense of the number 1 of this Article, comprises the period during which the cargo finds itself in the custody of the transporter.

4. The period of air transport does not cover any land, sea or inland water transport, effected outside an airport. However, when said transport is effected during the execution of an air transport contract, for the loading, delivery or transhipment, all damage shall be presumed, unless otherwise proved, as resulting from a fact occurred during transport air. When a carrier, without the consent of the forwarder, completely or partially replaces the transport provided for in the agreement between the two parties as air transport by another transport modality, the transport is carried out by another will consider it understood in the air transport period.

Article 19-Delay

The transporter is responsible for the damage occasioned by delays in air passenger transport, luggage or cargo. Notwithstanding, the carrier shall not be liable for the damage occasioned by delay if it proves that he and his preposts have adopted all measures that were reasonably necessary to prevent the damage or that it was impossible for them, to one and the others, to adopt such measures.

Article 20-Exoneration

If the transporter proves that the person who asks for damages, or the person from which it originates their right, caused the damage or contributed to it by negligence, error or omission, will be exempted, in whole or in part, from your liability with respect to the claimant, to the extent that such negligence, or other undue action or omission there is caused the damage or contributed for him. Where a person other than the passenger, requests compensation on the grounds of the death or injury of the latter, the carrier shall be similarly exonerated of his or her responsibility, wholly or partially, to the extent that it proves that negligence or other action or improper omission of the passenger caused the damage or contributed to it. This Article applies to all provisions on the liability of this Convention, including to paragraph 1 of Article 21.

Article 21-Indenization in Case of Death or Lesions of the Passengers

1. The carrier will neither be able to exclude nor limit its liability, with respect to the damage provided for in paragraph 1 of Article 17, which does not exceed 100,000 Special Drainage Rights per passenger.

2. The carrier shall not be liable for the damage provided for in paragraph 1 of the Artigo17, to the extent that it exceeds 100,000 Special Drainage Rights per passenger, if it proves that:

a) the damage has not been due to negligence or other action or omission of the transporter or of its preposers; or

b) the damage has deposed solely to negligence or other undue action or omission of a third party.

Article 22-Limits of Responsibility Relating to the Delay of Baggage and the Charge

1. In case of damage caused by delay in the transportation of persons, as specified in Article 19, the liability of the carrier is limited to 4,150 Special Drainage Rights per passenger.

2. In the carriage of baggage, the liability of the carrier in case of destruction, loss, breakdown or delay is limited to 1,000 Special Drainage Rights per passenger, unless the passenger is made to the conveyor, while giving him the luggage registered, a special declaration of value of the delivery of this in the place of destination, and has paid a supplementary amount, if it is fully fit. In this case, the carrier will be obliged to pay a sum that will not exceed the declared value, unless it proves that this value is superior to the actual value of the delivery at the place of destination.

3. In the cargo transport, the liability of the carrier in the event of destruction, loss, failure or delay is limited to an amount of 17 Special Drainage Rights per kilogram unless the shipper has made it to the carrier, by then giving it the volume, a special declaration of value of its delivery in the place of destination, and has paid a supplementary amount, if it is fully fit. In this case, the carrier will be obliged to pay an amount that will not exceed the declared value, unless it proves that this value is superior to the actual value of the delivery at the place of destination.

4. In the event of destruction, loss, failure or delay of a part of the cargo or any object it contains, to determine the amount constituting the liability limit of the carrier, only whether it will take into account the total weight of the volume or affected volumes. Notwithstanding, when the destruction, loss, failure or delay of a part of the load or an object that it contains affects the value of other volumes understood in the same aerial knowledge, or on the same receipt or, if no exclaim is made any of these documents, in the records conserved by other means, mentioned in Article 4 number 2, to determine the liability limit will also take into account the total weight of such volumes.

5. The provisions of numbers 1 and 2 of this Article shall not apply if it is proved that the damage is the result of an action or omission of the carrier or its preposers, with intent to cause damage, or in a fearful manner and knowing that it would probably cause damage, whenever, in the case of an action or omission of a prepost, prove also that this one acted in the exercise of its functions.

6. The limits prescribed in Article 21 and in this Article do not constitute an obstacle for the court to grant, in accordance with its national law, an amount that corresponds to all or part of the costs and other expenditures that the process has entailed to the author, inclusive interest. The previous provision will not force, when the value of the agreed indemnity, excluded costs and other expenses of the process, does not exceed the amount that the carrier is offered in writing to the author, within a period of six months counted to departure from the fact that caused the damage, or before starting the action, if the second date is later.

Article 23-Conversion of the Monetary Units

1. The amounts indicated in Special Drainations of Saque mentioned in this Convention consider themselves referring to the Special Drainy Right of Saque defined by the International Monetary Fund. The conversion of the sums in the national currencies, in the case of lawsuits, will take place as per the value of such coins in Special Drainings of Saque on the date of the sentence. The value in Special Drainage Rights of the national currency of a State Party, which is a member of the International Monetary Fund, shall be calculated in accordance with the method of assessment adopted by the International Monetary Fund for its operations and transactions, beholded on the date of the sentence. The value in Special Drainth Rights of the national currency of a State Party Party that is not a member of the International Monetary Fund shall be calculated in the form established by that State.

2. In the meantime, states that are not members of the International Monetary Fund and whose legislation does not allow the provisions of paragraph 1 of this Article will be able to declare, at the time of ratification or accession or later, that the limit of liability of the carrier, set out in Article 21, is set in the amount of 1,500,000 monetary units per passenger, in the judicial procedures followed in their territories; 62,500 monetary units per passenger, with respect to the number 1 of Article 22; 15,000 monetary units per passenger, with respect to Article 22 number 2; and 250 monetary units per kilogram, with respect to Article 22 number 3. This monetary unit corresponds to sixty-five milligrams and means of gold of law from ninety thousandths. These sums will be able to convert into the national currency of which they treat themselves, in round ciphers. The conversion of these amounts into national currency will be effected in accordance with the law of the State concerned.

3. The calculation mentioned in the last sentence of the number 1 of this Article and the method of conversion mentioned in paragraph 2 of this Article shall be so as to do so that they express in the national currency of the State Party, as far as possible, the same real value for the amounts of Articles 21 and 22 that would result from the application of the first three prayers of the number 1 of this Article. The States Parties, by depositing their instrument of ratification, acceptance, approval or accession to this Convention shall communicate to the Depositary the method for making the calculation, as set out in paragraph 1 of this Article, or the results of the conversion established in the number 2 of this Article, as the case may be, and each time there is a change concerning the said method or these results.

Article 24-Revision of the Limits

1. Without this affecting the provisions of Article 25 of this Convention, and subject to the one set out in the following number 2, the limits of liability prescribed in Articles 21, 22, and 23 shall be reviewed by the Depositary, every five years, and take the first review at the end of the fifth year following the date of entry into force of this Convention or, if the Convention does not come into force within the five years following the date on which it was opened for signature, within the first year of its entry into force, with respect to an inflation index that corresponds to the rate of inflation accumulated since the previous revision or, at the first time, since the date of the entry into force of the Convention. The measure of the inflation rate that is to be used to determine the inflation index will be the weighted average of the annual rates of increase or decrease in the consumer price index of the states whose currencies form the Special Right to Saque mentioned in paragraph 1 of Article 23.

2. If the revision mentioned in the preceding paragraph results in an inflation index of more than ten percent, the Depositary shall notify the States Parties of the revision of the limits of liability. Such revisions will take effect six months after its notification to the States Parties. If within the three months following its notification to the States Parties the majority of these States Parties register their disapproval, the review will not take effect and the Depositary will refer the matter to a meeting of the States Parties. The Depositary shall immediately notify all States Parties the entry into force of every review.

3. Notwithstanding the number 1 of this Article, the procedure mentioned in paragraph 2 of this Article shall apply at any time, where a third of the States Parties express the desire to do so and with the condition that the inflation index mentioned in the number 1 there has been more than thirty per cent, since the previous revision or since the date of entry into force of this Convention, if there has not been an earlier revision. Subsequent reviews carried out in accordance with the procedure described in paragraph 1 of this Article will be carried out every five years, counted from the end of the fifth year following the date of the review effected by virtue of this paragraph.

Article 25-Estipulation About the Limits

The transporter will be able to stipulate that the transport contract will be subject to liability limits more elevated that those provided for in this Convention, or which will not be subject to any liability limit.

Article 26-Nulity of the Contractual Clauses

Every clause that tends to exonerate the transporter of its responsibility or to set a lower limit than that set out in this Convention will be void and of no effect, however the nullity of such a clause does not imply the nullity of the contract, which will remain subject to the provisions of this Convention.

Article 27-Contract freedom

None of the provisions of this Convention will prevent the carrier from denying himself to carry out a contract of carriage, waive the defences he may invoke by virtue of the this Convention, or to establish conditions that are not in contradiction with the provisions of this Convention.

Article 28-Advance Payments

In the case of aviation accidents resulting in the death or injuries of the passengers, the transporter will, if so require his national law, advance payments without delay, to the person or physical persons who are entitled to claim compensation, in order to satisfy their immediate economic needs. Such upfront payments will not constitute acknowledgement of liability and can be deducted from every amount paid later by the carrier, such as indemnification.

Article 29-Fundation of Complaints

In the transport of passengers, baggage and cargo, all damages claim action, whether on grounds of the this Convention, in a contract or in an illicit act, be it in any other cause, may only start subject to conditions and limits of liability as those provided for in this Convention, without this affecting the question of which persons can start the actions and what their respective rights are. In none of the said actions will one be heard punitive, exemplary or of any nature that is non-compensating.

Article 30-Preposites-Total Complaints

1. If action is initiated against a prepost of the carrier, for damages referred to in this Convention, this prepost, if it proves that it acted in the performance of its duties, may amuse itself in the conditions and the limits of liability that may be invoked by the transporter, by virtue of this Convention.

2. The total amount of the damages ressarable by the carrier and by its preposers, in this case, will not exceed such limits.

3. The provisions of figures 1 and 2 of this Article shall not apply if it is proved that the damage is the result of an action or omission of the prepost, committed with the intention of causing damage, or thematically and with the awareness that it would probably cause the damage.

Article 31-Timely Warning of Protest

1. The receipt of the registered baggage or cargo, without protest on the part of the recipient, will constitute presumptive, unless proven otherwise, that the same were delivered in good condition and in accordance with the transport document or with the records conserved by other means, mentioned in Article 3 (2) and No. 2 of Article 4.

2. In the event of a failure, the recipient must submit to the carrier a protest, immediately after there has been noticed such a breakdown and at the latest within seven days for the registered and fourteen-day baggage for the cargo, starting from the date of your receipt. In case of delay, the protest should be made at the latest within twenty-one days from the day on which the baggage or the cargo there is been put at its disposal.

3. Every protest should be made in writing and presented or expeded within the deadlines mentioned.

4. There is no protest within the established deadlines, no actions will be admitted against the transporter, save in the case of fraud by this.

Article 32-Death Of The Responsible Person

In the event of the passing of the person responsible, the damages action concerning the damage will be exercised against the legal representatives of his / her succession, within the limits set out in this Convention.

Article 33-Jurisdiction

1. Damage indemnity action shall be initiated, at the choice of the author, in the territory of one of the States Parties, whether before the court of the domicile of the carrier, the head office of the company's head office, or where he / she posits the establishment by whose intermediary has carried out the contract, either before the court of the place of destination.

2. With respect to the damage resulting in the death or injury of the passenger, the action may be initiated before one of the courts mentioned in paragraph 1 of this Article or in the territory of a State Party in which the passenger has his / her principal residence and permanent at the time of the accident and for and from which the carrier operates passenger air transport services on its own aircraft or those of another carrier, under a trade agreement, and in which the transporter carries out its passenger air transport activities, from leased locations or that are from your property or from another carrier with which to have a trade agreement.

3. For the purposes of the number 2,

a)? trade agreement? means an agreement, other than an agency contract, made between carriers and relative to the provision of its joint passenger air transport services;

b)? main and permanent residence? means the domicile of the passenger, at the time of the accident. The nationality of the passenger will not be the determining factor in that respect.

4. The procedural norms will be regulated by the national court law that is to know about the issue.

Article 34-Arbitration

1. Subject to the provision of this Article, the parties to the cargo transport contract may stipulate that every controversy concerning the liability of the carrier, provided for in this Convention, shall be settled by arbitration. Said agreement will be made in writing.

2. The arbitration procedure will be carried out, at the choice of the author, in one of the jurisdictions mentioned in Article 33.

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

4. The provisions of numbers 2 and 3 of this Article will be considered part of every clause or arbitration agreement, and every condition of such a clause or agreement, which is inconsistent with such provisions, shall be void and of no effect.

Article 35-Deadline For Actions

1. The right to compensation shall become extinguished if the action is not initiated within the two-year period, counted from the date of arrival to the destination, or of the day on which the aircraft should be arrived, or from that of the interruption of transport.

2. The way to compute that time frame will be determined by the national court law that knows of the issue.

Article 36-Sucessive Transport

1. In the case of transport that there is to be executed successively by several carriers and that is understood in the definition of Article 1 number 3, each carrier that accepts passengers, baggage or cargo will submit to the established rules in this Convention and shall be deemed to be one of the parties to the contract of carriage, to the extent that the contract refers to the part of the transport effected under its supervision.

2. In the case of a transport of that nature, the passenger or any person entitled to an indemnity by him, will only be able to proceed against the transporter that there is the transport during which the accident or the delay has been produced, save in the case where, by express stipulation, the first carrier there is assumed responsibility for the entire journey.

3. In the case of baggage or cargo, the passenger or freight forwarder shall have right of action against the first carrier, and the passenger or the consignee who is entitled to the delivery shall have right of action against the last carrier, and one and the other will be able to, moreover, triggering the carrier that there is the transport during which the destruction, loss, breakdown or delay has been produced. These transporters will be jointly and severally liable to the passenger, the consignor or the consignee.

Article 37-Right of Action Against Third parties

None of the provisions of this Convention affect the existence or otherwise of the right of return of the person responsible for the damage, against any other person.

Chapter IV

Combined transport

Article 38-Combined transport

1. In the case of combined transport, effected in part by air and in part by any other means of transport, the provisions of this Convention shall apply solely to air transport, subject to that set out in paragraph 4 of Article 18, whenever the air transport respond to the conditions of Article 1.

2. None of the provisions of this Convention shall prevent the Parties, in the case of combined transport, from including in the air transport document conditions relating to other means of transport, where the provisions of this Convention are respected, in what concerne to air transport.

Chapter V

Air Transport carried out by A Distinguished Person of the Contractual Transporter

Article 39-Contract Transporter-Carrier

The provisions of this Chapter apply when a person-(henceforth named? contractual transporter?), as part, celebrates a transport contract governed by this Convention, with a passenger or with an expediter or with a person who attests on behalf of one or the other, and another person-(henceforth named? transporter de facto?), performs, by virtue of authorization given by the contractual transporter, all or part of the transport, but without being with respect to the so-called part a successive carrier, in the sense of this Convention. Such an authorization will be presumed, unless otherwise proven.

Article 40-Liability Respective of the Contract Transporter and the Fact Conveyor

If a conveyor of fact carries out all or part of a transport which, in accordance with the contract referred to in Article 39, is governed by this Convention, both the contractual transporter and the de facto transporter will be subject, unless otherwise stipulated, provided for in this Chapter, the provisions of this Convention, the first with respect to all the transport provided for in the contract, and the second only with respect to the transport it carries out.

Article 41-Responsibility Solidaria

1. The actions and omissions of the de facto carrier and its preposers, when these act in the exercise of their duties, will consider themselves as well, with respect to the transportation carried out by the de facto carrier, such as shares and omissions of the transporter contractual.

2. The actions and omissions of the contractual transporter and its preposers, when these act in the exercise of their duties, will consider themselves as well, with respect to the transportation carried out by the de facto carrier, as of the de facto carrier. Notwithstanding, such actions and omissions shall not subject the carrier in fact to a liability exceeding the amounts provided for in Articles 21, 22, 23, and 24. No special agreement by which the contractual carrier assumes obligations not imposed by this Convention, no waiver of rights or defenses established by the Convention and no special declaration of value provided for in Article 21 will affect the de facto transporter, unless this one accepts it.

Article 42-Recipient of the Protests and Instructions

The protests and instructions that should be directed to the transporter, by virtue of this Convention, they shall have the same effect, be directed to the contractual conveyor, be directed to the de facto carrier. Notwithstanding, the instructions mentioned in Article 12 will only take effect if addressed to the contractual transporter.

Article 43-Preposites

With regard to the transport carried out by the de facto transporter, every prerank of this or the contractual transporter will be entitled, if proof that it acted in the exercise of its functions, to invoke the conditions and limits of liability applicable by virtue of this Convention, to the carrier of which it is prested, unless it is proved that it had acted in such a way as to not be able to invoke the limits of liability, of agreement with this Convention.

Article 44-Total Indenization

With regard to the transport carried out by the de facto transporter, the total of the ressarable amounts of that transporter and the contractual carrier and the preposers of one and the other, which hajam acted upon in the performance of their duties, shall not exceed the largest amount that may be obtained from any of these transporters by virtue of this Convention, but none of the persons mentioned will be responsible for a higher amount than the limits applicable to that person.

Article 45-Recipient of the Complaints

With regard to the transport carried out by the de facto transporter, the damage indemnity action can be initiated, at the choice of the author, against said transporter or against the contractual transporter or against both, joint or separately. If the action is promoted solely against one of these transporters, the latter shall have the right to bring judgment to the other carrier, conducting the proceeding and its effects by the national court law that is known to know of the matter.

Article 46-Additional Jurisdiction

Every damage indemnity action provided for in Article 45 is to be initiated, at the choice of the author, in the territory of one of the States Parties, before one of the courts in which it can prosecute an action against the contractual carrier, as provided for in Article 33, or before the court in whose jurisdiction the conveyor de facto has its domicile or the matrix of his company.

Article 47-Nulity of the Contractual Clauses

Every clause that tends to exonerate the contractual transporter or the de facto transporter, of the predicted responsibility in that Chapter, or to set a lower limit than applicable in accordance with this Chapter, it shall be void and of no effect, however the invalidity of such a clause does not imply the invalidity of the contract, which shall remain subject to the provisions of this Chapter.

Article 48-Relations Between the Contractual Transporter and the Fact Transporter

Except the one provided for in Article 45, none of the provisions of this Chapter will affect the rights and obligations between carriers, included every right of regressive or severance action.

Chapter VI

Other Provisions

Article 49-Mandatory Application

Every clause of the transport contract and all the private agreements concered before the damage occurs, by the which the parties deal with escaping the application of the rules set out in this Convention, whether by deciding the law which is to be enforced, be it by amending the rules regarding jurisdiction, will be void and of no effect.

Article 50-Safe

The States Parties will require their transporters to maintain adequate insurance, which covers their responsibility by virtue of this Convention. The State Party with a destination to which the carrier explores services may require you to present proof that it maintains adequate insurance that covers its responsibility, in accordance with this Convention.

Article 51-Transportation Accomplished in Extraordinary Circumstances

The provisions of Articles 3 a to 5, 7 and 8, relating to transport documentation, will not apply in case of transportation effected in extraordinary circumstances, which exceed the normal range of the transporter's activities.

Article 52-Definition of Dias

When in the present Convention do you employ the term? days?, this is days gone and not working days.

Chapter VII

Purpose provisions

Article 53-Signature, Ratification and Input in Vigor

1. This Convention will be open in Montreal on May 28, 1999, at the signing of the participating States at the International Aeronautical Law Conference, concluded in Montreal from 10 a to May 28, 1999. After May 28, 1999, the Convention will be open to the signing of all States in the Sede of the International Civil Aviation Organization, in Montreal, until its entry into force according to paragraph 6 of this Article.

2. This Convention will also be open to the signing of Regional Economic Integration Organizations. For the purposes of this Convention,?Regional Organization for Economic Integration? means any Organization constituted by sovereign States of a given region, which has competence with respect to certain matters governed by the Convention and there is duly authorised to sign and ratify, accept, approve or accede to this Convention. The reference to?State Part? or?States Parties? in this Convention, with the exception of Article 1º (2) and letter b) of Article 3º number 1, and letter b) of Article 5º, Articles 23, 33, 46 and the letter b) of Article 57, apply equally to a Regional Organization for Economic Integration. For the purposes of Article 24, the references to? a majority of the States Parties? e? a third of the States Parties? will not apply to a Regional Organization for Economic Integration.

3. This Convention will be subject to ratification by the States and Regional Economic Integration Organizations that have signed it.

4. Every State or Regional Economic Integration Organization that does not sign the present Convention may accept it, approve it or adhere to it at any time.

5. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, designated by the present as the Depositary.

6. This Convention shall enter into force on the sixtieth day from the date of the deposit of the thirtieth instrument of ratification, acceptance, approval or accession with the Depositary, among the States that hajam deposited such instrument. An instrument deposited by a Regional Organization of Economic Integration will not be considered for the purposes of this paragraph.

7. For the remaining States and other Regional Economic Integration Organizations, this Convention shall apply sixty days after the date of the deposit of its instruments of ratification, acceptance, approval or accession.

8. The Depositary shall notify immediately to all the signatories and States Parties:

a) each signature of this Convention and the corresponding date;

b) the deposit of every instrument of ratification, acceptance, approval or accession and the corresponding date;

c) the date of entry in force of this Convention;

d) the date of entry into force of every revision of the limits of liability established by virtue of this Convention;

and) every complaint Effected by virtue of Article 54.

Article 54-Denpronunciation

1. Every State Party may denounce this Convention, upon written notification addressed to the Depositary.

2. The complaint will take effect one hundred and eighty days after the date on which the Depositary receives the notification.

Article 55-Relation with Other Instruments of the Warsaw Convention

The present Convention will prevail over every rule that applies to international air transport:

1. between the States Parties to this Convention due to which these States are commonly Parties:

a) of the Convention for the Unification of Certain Rules Concerning the International Air Transport, signed in Warsaw, on October 12, 1929-(henceforth called the Convention of Warsaw);

(b) of the Protocol that modifies the Convention for the Unification of Certain Rules Relating to the International Air Transport signed in Warsaw on October 12, 1929, made in The Hague, on September 28, 1955-(henceforth called the Hague Protocol);

c) of the Supplementary Convention to the Warsaw Convention for the Unification of Certain Rules Concerning Air Transport International held by Who is not the Contractual Transporter, signed in Guadalajara, on September 18, 1961-(henceforth called the Guadalajara Convention);

d) of the Protocol that modifies the Convention for the Unification of Certain Rules Concerning Air Transport International signed in Warsaw on October 12, 1929 modified by the Protocol made in The Hague on September 28, 1955, signed in the city of Guatemala, on March 8, 1971-(henceforth called the Guatemala City Protocol);

e) of the Additional Protocols numbers 1 a to 3 and the Montreal Protocol number 4, which modify the Warsaw Convention modified by the Hague Protocol or the Warsaw Convention modified by the Hague Protocol and the Guatemala City Protocol signed in Montreal on September 25, 1975-(henceforth named Protocols of Montreal); or

2. within the territory of any State Party in this Convention due to which that State is Party in one or more of the instruments mentioned in the letters a) to and) previous.

Article 56-States With More than One Legal System

1. If a State has two or more territorial units in which different legal systems are applicable with respect to matters dealt with in this Convention, such a State may declare, at the time of signature, ratification, acceptance, approval or accession that this Convention will extend to all its territorial units or solely to one or more of them and may modify this declaration by submitting another declaration, at any other time.

2. These statements will be notified to the Depositary and will explicitly indicate the territorial units to which the Convention applies.

3. With respect to a State Party that there is made such a statement:

a) the references to? currency national? in Article 23 will be interpreted as referring to the currency of the pertinent territorial unit of that State; and

b) the reference in Article 28 to the national law? will be interpreted as referring to the law of the pertinent territorial unity of that State.

Article 57-Reserves

No reservation to this Convention may be formulated any time, unless a State Party may declare at any time, upon notification addressed to the depositary, that the this Convention will not apply;

a) to the international air transport carried out directly by that State Party, with non-commercial purposes, pertaining to its functions and obligations as a sovereign state; nor

b) to the transport of persons, cargo and baggage carried out to their military authorities, in aircraft enrolled in that State Party, or leased by this, and whose capacity total there has been reserved by these authorities or on behalf of them.

IN TESTIMONY OF WHAT the plenipotentiaries who subscribe, duly authorized, sign the present Convention.

FEITO in Montreal, on May 28, 1999, in Spanish, Arabic, Chinese, French, English and Russian, being all texts being equally authentic. This Convention shall be deposited in the archives of the International Civil Aviation Organization and the Depositary shall send certified copies of the same to all States Parties to this Convention, as well as to all States Parties to the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol and the Protocols of Montreal.