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Through Which The "convention For The Unification Of Certain Rules For International Carriage By Air" Made In Montreal, The Twenty-Eight (28) May In 1999 (1999) Adopted

Original Language Title: Por medio de la cual se aprueba el "Convenio para la unificación de ciertas reglas para el transporte aéreo internacional" hecho en Montreal, el veintiocho (28) de mayo de mil novecientos noventa y nueve (1999)

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LAW 701 OF 2001

(November 21)

Official Journal No. 44,628 of 27 November 2001

By means of which the "Convention for the Unification of Certain Rules for International Air Transport" is approved in Montreal, twenty-eight (28) of May of a thousand nine hundred and ninety-nine (1999).

Vigency Notes Summary

COLOMBIA CONGRESS

Having regard to the text of the "Convention for the Unification of Certain Rules for International Air Transport", made in Montreal on the twenty-eight (28) of May of one thousand nine hundred and ninety-nine (1999).

(To be transcribed: photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

" CONVENTION For the Unification of Certain Rules for International Air Transport

States Parties to this Convention:

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, hereinafter referred to as the "Warsaw Convention", and of other related instruments for the harmonisation of private international aviation law;

Recognizing the need to modernize and recast the Warsaw Convention and related instruments;

Recognizing the importance of ensuring the protection of the interests of international air transport users and the need for equitable compensation based on the principle of restitution;

reaffirming the desirability of an orderly development of international air transport operations and the smooth circulation of passengers, baggage and cargo in accordance with the principles and objectives of the Convention on International Civil Aviation, made in Chicago on December 7, 1944;

Convinced that the collective action of states for greater harmonization and codification of certain rules governing international air transport through a new convention is the most appropriate means to achieve an equitable balance of interests;

The following have been agreed:

CHAPTER I.

GENERAL PROVISIONS.

ARTICLE 1o. APPLICATION BOTH.

1. This Convention applies to all international transport of persons, baggage or cargo carried out on aircraft in return for remuneration. It applies equally to the free transport carried out on aircraft by an air transport undertaking.

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

3. The transport to be carried out by a number of carriers successively shall constitute, for the purposes of this Convention, a single transport only if the parties have considered it as a single operation, whether or not it has been the subject of a single contract or a series of contracts, and shall not lose its international character by the fact that a single contract or a series of contracts must be executed in full within the territory of the same State.

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

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ARTICLE 2o. TRANSPORT BY THE STATE AND TRANSPORT OF POSTAL ITEMS.

1. This Convention applies to the transport carried out by the State or other legal entities governed by public law under the conditions laid down in Article 1or.

2. In the carriage of postal items, the carrier shall be liable only to the postal administration concerned, in accordance with the rules applicable to the relations between the carriers and the postal administrations.

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

CHAPTER II.

DOCUMENTATION AND OBLIGATIONS FOR RELATIVE PARTIES

PASSENGER, BAGGAGE, AND CARGO TRANSPORT.

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ARTICLE 3o. PASSENGERS AND LUGGAGE.

1. A transport document, individual or collective, shall be issued for the carriage of

:

a) The indication of the starting and destination points;

(b) If the points of departure and destination are located in the territory of a single State Party, and one or more scales have been provided for in the territory of another State, the indication of at least one of those scales.

2. Any other means in which the information referred to in paragraph 1 is recorded. may replace the issue of the document referred to in that subparagraph. If one of those means is used, the carrier shall provide the passenger with a written declaration of the information retained by those means.

3. The carrier shall deliver to the passenger a baggage identification voucher for each checked baggage lump.

4. The passenger shall be given a written notice stating that where this agreement is applicable, the carrier shall be liable for the liability of the carrier for death or injury, and for destruction, loss or damage of baggage, and for delay.

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

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ARTICLE 4. LOAD.

1. In the transport of cargo, an air transport charter shall be issued.

2. Any other means of constancy of the transport to be carried out may replace the issue of the air transport charter. If other means are used, the carrier shall deliver to the consignor, if requested by the consignor, a cargo receipt which permits identification of the consignment and access to the information which was kept on record by those means.

ARTICLE 5o. AIR TRANSPORT OR CARGO RECEIPT CONTENT The transport letter or receipt of cargo must include:

a) The indication of the starting and destination points;

(b) If the points of departure and destination are located in the territory of a single State Party and one or more scales have been 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 6o. DOCUMENT RELATING TO THE NATURE OF THE LOAD consignor may be required, if necessary to comply with the formalities of customs, police and other similar public authorities, to deliver a document indicating the nature of the load. This provision does not create for the carrier any duty, obligation or liability resulting from the foregoing.

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ARTICLE 7o. DESCRIPTION OF THE AIR TRANSPORT LETTER.

1. The air transport charter shall be extended by the consignor into three original copies.

2. The first copy shall bear the indication 'for the carrier' and shall be signed by the consignor. The second copy shall bear the indication 'for the consignee' and shall be signed by the consignor and the carrier.

The third copy will be signed by the carrier, which will deliver it to the shipper, upon acceptance of the load.

3. The signature of the carrier and the shipper may be printed or replaced by a stamp.

4. If, at the request of the consignor, the carrier extends the air transport document, proof to the contrary shall be deemed, unless the carrier has acted on behalf of the consignor.

ARTICLE 8o. DOCUMENTS FOR MULTIPLE PACKAGES. When there is more than one bundle:

(a) The freight carrier shall be entitled to ask the shipper to extend separate air transport letters;

(b) The shipper shall be entitled to ask the carrier to deliver separate cargo receipts when the other means provided for in paragraph 2 of Article 4or are used.

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ARTICLE 9o. NON-COMPLIANCE WITH REQUIREMENTS FOR DOCUMENTS. Failure to comply with the provisions of Articles 4or. to 8or. shall not affect the existence or validity of the contract of carriage which, however, shall be subject to the rules of this Convention, including those relating to limits of liability.

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ARTICLE 10. RESPONSIBILITY FOR THE INDICATIONS ENTERED IN THE DOCUMENTS.

1. The consignor is responsible for the accuracy of the particulars and statements concerning the cargo entered by him or on his behalf in the air transport document, or made by him or on his behalf to the carrier to be entered on the receipt of load or to be included in the constancy retained by the other means referred to in paragraph 2. of article 4or. The above will also apply when the person acting on behalf of the shipper is also dependent on the carrier.

2. The consignor shall indemnify the carrier of any damage suffered by him or any other person in respect of which the carrier is liable, as a result of incorrect, inaccurate or incomplete indications and declarations. made by him or on his behalf.

3. Subject to the provisions of paragraph 1. and 2o. of this Article, the carrier shall indemnify the consignor for any damage suffered by him or any other person in respect of which the consignor is liable, as a result of the irregular indications and statements, inaccurate or incomplete entered by the carrier or on its behalf in the receipt of cargo or in the constancy retained by the other means referred to in paragraph 2. of article 4or.

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ARTICLE 11. PROBATIVE VALUE OF DOCUMENTS.

1. Both the air transport charter and the cargo receipt constitute a presumption, unless proof to the contrary, of the conclusion of the contract, the acceptance of the cargo and the conditions of carriage contained therein.

2. The declarations of the air transport document or of the receipt of cargo relating to the weight, dimensions and packaging of the load, together with the number of packages, constitute a presumption, unless proof to the contrary, of the facts declared; relating to the quantity, volume and condition of the cargo are not proof against the carrier, except where the carrier has checked them in the presence of the consignor and entered in the air transport document or the cargo receipt, or Try indications regarding the apparent state of the load.

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ARTICLE 12. RIGHT OF DISPOSITION OF THE LOAD.

1. The consignor is entitled, on condition to comply with all obligations resulting from the contract of carriage, to dispose of the cargo by removing it from the airport of departure or destination, or by stopping it in the course of the journey in the event of landing; or making it deliver at the place of destination or in the course of the journey to a person other than the recipient originally designated, or asking that it be returned to the airport of departure. The consignor shall not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and shall reimburse all costs incurred in the exercise of this right.

2. In case it is impossible to execute the shipper's instructions, the carrier must notify you immediately.

3. If the carrier complies with the instructions of the consignor with regard to the disposal of the cargo without requiring the presentation of the copy of the air transport document or the receipt of cargo delivered to the carrier, the carrier shall be liable, without prejudice to his the right to resarcirse of the consignor, of the damage that may be caused by this fact to those who are legally in possession of that copy of the air transport document or the receipt of cargo.

4. The right of the consignor ceases at the time the recipient begins, in accordance with Article 13. However, if the recipient refuses to accept the charge or if it is not found, the consignor will regain his or her right of disposition.

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ARTICLE 13. DELIVERY OF THE LOAD.

1. Except where the consignor has exercised his right under Article 12, the consignee shall be entitled, from the arrival of the cargo to the place of destination, to ask the carrier to deliver the cargo in return for the goods. the payment of the corresponding amount and the fulfilment of the conditions of transport.

2. Unless otherwise stipulated, the carrier must notify the recipient of the arrival of the cargo as soon as it arrives.

3. If the carrier admits the loss of the load, or if the load has not reached the expiry of the seven days following the date on which it should have arrived, the consignee may assert against the carrier the rights arising from the transport contract.

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ARTICLE 14. ENFORCEMENT OF THE RIGHTS OF THE SHIPPER AND THE RECIPIENT. The consignor and the recipient will be able to assert, respectively, all the rights granted to them by Articles 12 and 13, each in its own name, be in its own interest, whether in the interest of a third party, provided that it meets the obligations that the transport contract imposes.

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ARTICLE 15. RELATIONSHIPS BETWEEN THE SHIPPER AND THE RECIPIENT AND RELATIONSHIPS BETWEEN THIRD PARTIES.

1. Articles 12, 13 , and 14 do not affect the relationship of the shipper and the recipient to each other, or the relationships between third parties whose rights come from the shipper or recipient.

2. The provisions of Articles 12, 13 and 14 may only be modified by an explicit clause entered in the air transport or in the the load receipt.

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ARTICLE 16. FORMALITIES FOR CUSTOMS, POLICE OR OTHER PUBLIC AUTHORITIES.

1. The consignor must provide the training and documents necessary to comply with customs, police and any other public authority before the delivery of the cargo to the consignee. The consignor is liable to the carrier for all damages which may result from the lack, inadequacy or irregularity of such information or documents, unless this is due to the fault of the carrier, its dependents or agents.

2. The carrier is not required to examine whether such information or documents are accurate or sufficient.

CHAPTER III.

CARRIER LIABILITY

AND MEASURE OF COMPENSATION FOR DAMAGE.

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ARTICLE 17. DEATH AND INJURY OF PASSENGERS-BAGGAGE DAMAGE.

1. The carrier is responsible for the damage caused in the event of death or bodily injury of a passenger for the sole reason that the accident causing death or injury occurred on board the aircraft or during any of the operations of the aircraft. embarkation or disembarkation.

2. The carrier is responsible for the damage caused in the event of destruction, loss or failure of the checked baggage for the sole reason that the fact that caused the destruction, loss or damage occurred on board the aircraft or during any period in which the checked baggage is in the custody of the carrier. However, the carrier shall not be liable in so far as the damage is due to nature, to a defect or to a vice of baggage. In the case of unbilled baggage, including personal items, the carrier is liable if the damage is due to his or her dependents or agents.

3. If the carrier admits the loss of checked baggage, or if the checked baggage has not reached the expiration of twenty-one days after the date on which it should have arrived, the passenger may assert against the carrier the rights arising from the transport contract.

4. Unless otherwise stated, in this Convention the term "baggage" means both checked baggage and non-checked baggage.

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ARTICLE 18. DANE OF THE LOAD.

1. The carrier is responsible for the damage caused in the event of destruction or loss or failure of the load, for the sole reason that the fact that caused the damage occurred during the air transport.

2. However, the carrier shall not be liable in so far as it proves that the destruction or loss or breakdown of the load is due to one or more of the following facts:

a) the nature of the load, or a defect or vice of the load;

b) the defective packaging of the load, performed by a person other than the carrier or any of its dependents or agents;

c) an act of war or armed conflict;

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

3. Air transport, within the meaning of paragraph 1 of this Article, comprises the period during which the cargo is in the custody of the carrier.

4. The air transport period does not include any land, sea or inland waterway transport carried out outside an airport. However, where such transport is carried out during the performance of an air transport contract, for the purpose of loading, delivery or transhipment, any damage shall be presumed, unless otherwise proved, as a result of a fact occurring during the period of air transport. Where a carrier, without the consent of the consignor, completely or partially replaces the transport provided for in the agreement between the parties as air transport by another mode of transport, the transport effected by another means shall be considered as in the air transport period.

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ARTICLE 19. DELAY. The carrier is responsible for the damage caused by delays in the air transport of passengers, baggage or cargo. However, the carrier shall not be liable for the damage caused by delay if it proves that he and his dependents and agents took all the measures that were reasonably necessary to prevent the damage or which was impossible for them, one and the other, take such measures.

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ARTICLE 20. EXONERATION. If the carrier proves that the negligence or other wrongful act or omission of the person seeking compensation, or of the person from which his right comes, caused the damage or contributed to it, the carrier shall be exonerated, in whole or in part, of their liability in respect of the claimant, in so far as this negligence or other wrongful action or omission has caused or contributed to the damage. Where a person who is not the passenger is required to pay compensation on account of the death or injury of the passenger, the carrier shall also be exempt from liability, in whole or in part, in so far as he proves that negligence or other Undue action or omission of the passenger caused the damage or cont ribuyo to it. This Article applies to all provisions on the liability of this Convention, including paragraph 1. of article 21.

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ARTICLE 21. COMPENSATION IN THE EVENT OF DEATH OR INJURY TO PASSENGERS.

1. With regard to the damage provided for in paragraph 1. of Article 17 that does not exceed 100,000 special drawing rights per passenger, the carrier may not exclude or limit its liability.

2. The carrier shall not be liable for the damage provided for in paragraph 1 of Article 17 to the extent that it exceeds 100,000 special drawing rights per passenger, if it proves that:

(a) the damage was not due to negligence or other wrongful act or omission of the carrier or its dependents or agents; or

b) the damage was solely due to negligence or other improper action or omission of a third party.

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ARTICLE 22. LIABILITY LIMITS FOR DELAY, BAGGAGE AND CARGO.

1. In case of damage caused by delay, as specified in Article 19, in the transport of persons the liability of the carrier is limited to 4,150 special drawing rights per passenger.

2. In the carriage of baggage, the liability of the carrier in the event of destruction, loss, breakdown or delay is limited to 1,000 special drawing rights per passenger unless the passenger has made the carrier, by handing over the luggage invoiced, a special declaration of the value of the delivery of the goods at the place of destination, and has paid a supplementary sum, if there is a place. In this case, the carrier shall be obliged to pay a sum which shall not exceed the amount of the sum declared, unless it proves that this amount is higher than the actual value of the delivery at the place of destination for the passenger.

3. In the carriage of cargo, the liability of the carrier in the event of destruction, loss, breakdown or delay is limited to a sum of 17 special drawing rights per kilogram, unless the consignor has made the carrier, by giving him the package, a special declaration of the value of the delivery of the goods at the place of destination, and paid a supplementary sum, if there is a place. In this case, the carrier shall be obliged to pay a sum which shall not exceed the amount of the sum declared, unless it proves that this amount is greater than the actual value of the delivery at the place of destination for the consignor.

4. In the event of destruction, loss, damage or delay of a part of the load or any object contained therein, the total weight of the carrier shall be taken into account only in order to determine the sum of the liability of the carrier. lump or of the packages concerned. However, where the destruction, loss, damage or delay of a part of the load or an object which it contains affects the value of other packages falling within the same air transport document, or on the same receipt or, if it has not been issued, none of these documents in the same constancy retained by the other means mentioned in paragraph 2o. Article 4o., to determine the liability limit shall also take into account the total weight of such packages.

5. The provisions of paragraphs 1. and 2o. of this article will not apply if it is proved that the damage is the result of an action or omission of the carrier or its dependents or agents, with intent to cause harm, or with recklessness and knowing that it would likely cause harm; provided that, in the case of an action or omission of a dependent or agent, is also proven to be acting in the exercise of its functions.

6. The limits prescribed in Article 21 and in this article shall not prevent the court from agreeing, in accordance with its own law, a sum corresponding to all or part of the costs and other expenses of the the dispute in which the applicant has incurred, including interest. The foregoing provision shall not govern, where the amount of the compensation agreed, excluding costs and other costs of litigation, does not exceed the sum which the carrier has offered in writing to the claimant within a period of six months. counted from the fact that caused the damage, or before starting the trial, if the second date is later.

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ARTICLE 23. CURRENCY UNIT CONVERSION.

1. The sums expressed in special drawing rights referred to in this Convention shall be deemed to relate to the special drawing rights defined by the International Monetary Fund. The conversion of sums into national currencies, in the case of legal proceedings, shall be made in accordance with the value of those coins in special drawing rights at the date of the judgment. The value, in special drawing 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 valuation method applied by the International Monetary Fund for its operations and transactions, in force at the date of the judgment. The value, in special drawing rights, of the national currency of a State Party which is not a member of the International Monetary Fund shall be calculated in the manner determined by that State.

2. However, States which are not members of the International Monetary Fund and whose legislation does not allow the application of the provisions of paragraph 1 of this Article may declare, at the time of ratification or accession or subsequently, that the liability limit of the carrier prescribed in Article 21 is fixed in the sum of 1,500,000 monetary units per passenger in the court proceedings followed in their territories; 62,500 units Currency per passenger, in respect of paragraph 1. of Article 22; 15,000 units shall be monetar per passenger in respect of paragraph 2. of article 22; and 250 monetary units per kilogram, with respect to paragraph 3o. Article 22. This monetary unit corresponds to sixty-five milligrams and a half of gold with law of nine hundred thousandths. These sums may be converted into the national currency concerned in round figures. The conversion of these sums into national currency shall be effected in accordance with the law of the State concerned.

3. The calculation referred to in the last sentence of paragraph 1 of this Article and the conversion method referred to in paragraph 2 of this Article shall be made in such a way as to express in the national currency of the State Party, to the extent possible, the same actual value for the sums of Items 21 and 22 that would result from the application of the first three sentences of paragraph 1 of this Article. States Parties shall communicate to the depositary the method of making the calculation in accordance with paragraph 1 of this Article or the results of the conversion of paragraph 2 of this Article, as the case may be, when depositing an instrument of ratification, acceptance or approval of this Convention or of accession to it and whenever there is a change in respect to that method or to those results.

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ARTICLE 24. REVIEW OF LIMITS.

1. Without prejudice to the provisions of Article 25 of this Convention, and subject to paragraph 2. that follows, the liability limits prescribed in Articles 21, 22 and 23 will be reviewed by the depositary every five years, owing the first revision shall be carried out at the end of the fifth year following the date of entry into force of this Convention or, if the convention does not enter into force within five years of the date on which it was opened for signature, within the first year of its entry into force, in relation to an inflation rate corresponding to the rate of inflation accumulated since the previous revision or, the first time, since the date of entry into force of the Convention. The measure of the inflation rate to be used to determine the rate of inflation shall be the weighted average of the annual rates of increase or decrease in the consumer price index of the States whose currencies comprise the special drawing right referred to in paragraph 1. of article 23.

2. If from the review referred to in the preceding paragraph it appears that the rate of inflation has been greater than 10%, the Depositary shall notify the States Parties of the revision of the limits of liability. Such reviews shall be effective six months after their notification to the States Parties. If, within three months of its notification to the States Parties, a majority of the States Parties register their disapproval, the review shall have no effect and the Depositary shall refer the matter to a meeting of the States Parties. The depositary shall immediately notify all States Parties of the entry into force of any revision.

3. Notwithstanding paragraph 1 of this Article, the procedure referred to in paragraph 2. of this Article shall apply at any time, provided that one third of the States Parties express the desire to do so and on condition that the inflation rate referred to in paragraph 1. has been 30 per cent since the previous revision or since the date of entry into force of this Convention if there has been no previous revision. Subsequent revisions made using the procedure described in paragraph 1. of this Article shall be made every five years, counted from the end of the fifth year following the date of the revision made under this paragraph.

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ARTICLE 25. PROVISION ON LIMITS. The carrier may stipulate that the contract of carriage shall be subject to higher liability limits than those provided for in this Convention, or that it shall not be subject to any limit of responsibility.

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ARTICLE 26. NULLITY OF THE CONTRACTUAL CLAUSES. Any clause which stores to exonerate the carrier of its liability or to set a limit lower than that set out in this Convention shall be null and void, but the nullity of such a clause shall not implies the nullity of the contract, which shall continue to be subject to the provisions of this Convention.

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ARTICLE 27. CONTRACTUAL FREEDOM. None of the provisions of this Convention shall prevent the carrier from refusing to enter into a contract of carriage, to waive the defences which he may invoke under this Convention, to lay down conditions which are not in contradiction with the provisions of this Convention.

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ARTICLE 28. FORWARD PAYMENTS. In the event of aviation accidents resulting in the death or injury of passengers, the carrier shall, if required by its national law, advance payments without delay, to the natural person or persons, who are entitled to claiming compensation in order to meet their immediate economic needs. Such advance payments shall not constitute a recognition of liability and may be deducted from any amount subsequently paid as compensation by the carrier.

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ARTICLE 29. BASIS OF COMPLAINTS.

1. In the carriage of passengers, baggage and cargo, any action for damages, whether or not in the present agreement, in a contract or in an illegal act, in any other cause may only be initiated subject to conditions and limits of liability such as those provided for in this Convention, without affecting the question of which persons may initiate the proceedings and what their respective rights are. No punitive, exemplary or any kind of compensation shall be awarded in any of these actions.

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ARTICLE 30. DEPENDENTS, AGENTS-TOTAL CLAIMS.

1. If an action is initiated against a dependent of the carrier, for damage covered by this Convention, that dependent or agent, if they prove that they are acting in the performance of their duties, the conditions and limits of the liability that the carrier may invoke under this agreement.

2. The total of the amounts of the carrier, its dependents and agents, in this case, shall not exceed those limits.

3. Except as regards the carriage of cargo, the provisions of paragraphs 1 or 1. and 2o. of this article will not apply if it is proved that the damage is the result of an action or omission of the dependent, with intent to cause harm, or with recklessness and knowing that it would likely cause harm.

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ARTICLE 31. TIMELY PROTEST NOTICE.

1. The receipt of checked baggage or cargo without protest by the consignee shall constitute a presumption, unless proof to the contrary, that they have been delivered in good condition and in accordance with the transport document or the constancy retained by the other means referred to in paragraph 2 of Article 3or. and in paragraph 2 of article 4or.

2. In the event of a breakdown, the consignee shall lodge a protest immediately after the failure has been noted and, at the latest, within seven days for the checked baggage and 14 days for the cargo, to the carrier. from the date of your receipt. In the event of delay, the protest shall be made no later than 21 days from the date on which the baggage or cargo has been placed at its disposal.

3. Any protest must be made in writing and given or issued within the time limits mentioned.

4. In the absence of a protest within the prescribed time limits, all actions against the carrier shall be inadmissible, except in the case of fraud on their part.

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ARTICLE 32. DEATH OF THE RESPONSIBLE PERSON. In the event of the death of the person responsible, the action for damages shall be exercised within the limits provided for in this Convention, against the successors in succession.

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ARTICLE 33. JURISDICTION.

1. An action for damages shall be initiated, at the request of the claimant, in the territory of one of the States Parties, either before the court of the address of the carrier, or of his principal office, or of the place where he has an office by whose conduit has been entered into, be before the court of the place of destination.

2. In respect of damage resulting from the death or injury of the passenger, an action may be initiated before one of the courts referred to in paragraph 1. of this Article, or in the territory of a State Party in which the passenger has his principal and permanent residence at the time of the accident and to and from which the carrier operates air transport services of passengers in his own aircraft or other carriers under a commercial agreement, and in which the carrier carries out its air transport activities of passengers from leased premises or which are owned or owned by another carrier with which it has a commercial agreement.

3. For the purposes of paragraph 2o.

(a) "Trade Agreement" means an agreement, which is not an agency contract, made between carriers and relating to the provision of its joint passenger air transport services;

b) "Main and permanent residence" means the fixed and permanent residence of the passenger at the time of the accident. The nationality of the passenger shall not be the determining factor in this respect.

4. Procedural issues will be governed by the law of the court that knows the case.

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ARTICLE 34. ARBITRATION.

1. Subject to the provisions of this Article, the parties to the freight transport contract may stipulate that any dispute concerning the liability of the carrier provided for in this Convention shall be settled by arbitration. Such an agreement shall be made in writing.

2. The arbitration procedure shall be conducted, at the choice of the claimant, in one of the jurisdictions referred to in Article 33.

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

4. The provisions of paragraphs 2o. and 3o. of this article shall be considered as part of any arbitration clause or agreement, and any condition of such clause or agreement that is incompatible with such provisions shall be void and of no affection.

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ARTICLE 35. PERIOD FOR ACTIONS. The right to compensation shall be extinguished if an action is not initiated within two years from the date of arrival at destination or the date of the day on which the aircraft should have arrived or the date of the arrest. of the transport.

2. How to calculate that time limit will be determined by the law of the court that knows the case.

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ARTICLE 36. SUCCESSIVE TRANSPORT.

1. In the case of transport to be carried out by several carriers successively and falling within the meaning of paragraph 3. of Article 1, each carrier accepting passengers, baggage or cargo shall be subject to the rules laid down in this Convention and shall be regarded as one of the parties to the contract of carriage in the measure where the contract relates to the part of the transport carried out under its supervision.

2. In the case of a carriage of that nature, the passenger, or any person entitled to compensation for such carriage, may only proceed against the carrier who has carried out the transport during which the accident or the accident occurred. delay, except where, by express provision, the first carrier has assumed responsibility for the entire journey.

3. In the case of baggage or cargo, the passenger or the consignor shall have the right of action against the first carrier, and the passenger or consignee who is entitled to delivery shall have the right of action against the last carrier, and one and the other may also proceed against the carrier which carried out the transport during which the destruction, loss, breakdown or delay occurred. Such carriers shall be jointly and severally liable to the passenger or to the consignor or the consignee.

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ARTICLE 37. RIGHT OF ACTION AGAINST THIRD PARTIES.

2. None of the provisions of this Convention affect the question of whether or not the person responsible for damages in accordance with the Convention has the right of regressive action against any other person.

CHAPTER IV.

COMBINED TRANSPORT.

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ARTICLE 38. COMBINED TRANSPORT.

1. In the case of combined transport carried out partly by air and partly by any other means of transport, the provisions of this Convention shall apply only to air transport, subject to paragraph 4. of article 18, provided that the air transport responds to the conditions of article 1or.

2. None of the provisions of this Convention shall prevent the parties, in the case of combined transport, from inserting in the air transport document conditions relating to other means of transport, provided that the provisions of this Convention (a) Convention shall be respected with regard to air transport.

CHAPTER V.

AIR TRANSPORT BY A DIFFERENT PERSON

OF THE CONTRACTUAL CARRIER.

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ARTICLE 39. -CONTRACT CARRIER-CARRIER IN FACT.

The provisions of this Chapter apply when a person (hereinafter the "contractual carrier") celebrates as part of a contract of carriage governed by the present Convent with the passenger or the consignor, or with the person acting on behalf of one or the other, and another person (hereinafter referred to as 'the carrier de facto') makes, by virtue of authorization given by the contracting carrier, all or part of the transport, but without being in respect of that part of the transport a Hereinafter referred to as 'the Convention'. Such authorisation shall be presumed, unless otherwise tested.

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ARTICLE 40. THE RESPECTIVE RESPONSIBILITIES OF THE CONTRACT CARRIER AND THE CARRIER OF FACT. If a carrier does in fact carry out all or part of a transport which, in accordance with the contract referred to in Article 39is governed by this Convention, both the contractual carrier and the carrier shall in fact be subject, except as provided for in this Chapter, to the provisions of this Convention, the first with in respect of all transport provided for in the contract, the second only in respect of the transport it carries out.

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ARTICLE 41. MUTUAL RESPONSIBILITY.

1. The actions and omissions of the haulier and his dependants and agents, when they act in the exercise of their duties, shall also be considered, in relation to the transport carried out by the carrier in fact, as shares and omissions of the contractual carrier.

2. The actions and omissions of the contract carrier and its dependants and agents, when they act in the performance of their duties, shall also be considered, in relation to the transport carried out by the carrier in fact, as carrier in fact. However, none of those actions or omissions shall subject the carrier in fact to a liability exceeding the amounts provided for in Articles 21, 22, 23 and 24. No special arrangement for which the contractual carrier assumes obligations not imposed by this Convention, no waiver of established rights or defenses by the Convention and no special declaration of value provided for in Article 21 will affect the carrier in fact, unless you accept it.

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ARTICLE 42. ADDRESSEE OF THE PROTESTS AND INSTRUCTIONS. The protests and instructions to be addressed to the carrier under this Convention shall have the same effect, be addressed to the contract carrier, be addressed to the carrier of done. However, the instructions referred to in Article 12 will only take effect if they are addressed to the contract carrier.

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ARTICLE 43. DEPENDENTS AND AGENTS. With regard to the transport carried out by the carrier in fact, any dependent or agent of this or the contractual carrier shall be entitled, if they prove that they acted in the performance of their duties, to invoke the conditions and limits of liability applicable under this Convention to the carrier of which they are dependent or agent, unless it is proved that they have acted in such a way that the limits of liability of the compliance with this Convention.

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ARTICLE 44. TOTAL COMPENSATION. As regards the transport carried out by the haulier in fact, the total of the sums payable by this carrier and the contract carrier, and the dependents and agents of one and the other acted in the performance of his duties, shall not exceed the maximum quantity which may be obtained from any of those hauliers under this Convention, but none of the persons mentioned shall be liable for a higher sum than the limits applicable to that person.

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