The Saeima has adopted and the President promulgated the following laws: For Convention on international air transport the unification of certain rules article 1. 28 May 1999, the Convention was signed on international air transport the unification of certain rules (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. Fulfilment of the obligations provided for in the Convention are coordinated by the Ministry of transportation. 3. article. The Convention shall enter into force on its article 53 on time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put the Convention in English and its translation into Latvian language. The law adopted by the Parliament at the 2004 11 November. State v. President Vaira Vīķe-Freiberga in Riga 2004 December 1 CONVENTION FOR the UNIFICATION OF CERTAIN rules FOR INTERNATIONAL carriage BY AIR the States parties TO this CONVENTION, RECOGNIZING the significant contributions of the Convention for the Unification of Certain rules for International Carriage by Air signed it in Warsaw on 12 October 1929, hereinafter referred to as the "Warsaw Convention", and others related to the harmonization of instruments of private international air law; RECOGNIZING the need to modernise and consolidat the Warsaw Convention and related instruments; RECOGNIZING the importanc of ensuring protection of the interests of consumers in international carriage by air 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 flow of passenger, baggag and cargo in accordanc with the principles and objective of the Convention on International Civil Aviation, done at Chicago on 7 December 1944; CONVINCED that collective State action for further harmonization and codification of certain rules for international carriage by air each through a new Convention is the most mean of achieving an adequat an equitable balance of interests, have AGREED AS follows Chapter I General provision Article 1 scope of application 1. This Convention applies to all international carriage of persons, or cargo performed baggag by aircraft for reward. It applies equally to the carriage by aircraft gratuito performed by an air transport undertaking. 2. For the purpose of this Convention, the expression international carriage means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whethers or not there be a break in the carriage or a transhipmen, are situated either within the territories of two States parties, or within the territory of a single State Party if there is an agreed stopping place within the territory of another State even if that State that is not a State Party. Carriage between two points within the territory of a single State Party without an agreed stopping place within the territory of another State is not international carriage for the purpose of this Convention. 3. Carriage to be performed by several successive the carrier is deemed, for the purpose of this Convention, to be one undivided carriage if it has been regarded by the parties as a single operation, whethers it has been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State. 4. This Convention applies also to carriage as set out in Chapter V, subject to the terms therein led. Article 2 carriage performed by State and carriage of postal items 1. This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in article 2 1. In the carriage of postal items, the carrier shall be liabl only to the relevant postal administration in accordanc with the rules applicable to the relationship between the carrier and the postal administration. 3. Except as provided in paragraph 2 of this article, the provision of this Convention shall not apply to the carriage of postal items. Chapter II Documentation and duties of the parties relating to the carriage of passenger, baggag and cargo article 3 Passenger and baggag 1. In respect of the carriage of passenger, an individual or collective document of carriage shall be delivered containing: (a) an indication of the places of departure and destination; (b) if the places of departure and destination are within the territory of a single State Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place. 2. Any other means which preserve the information indicated in paragraph 1 may be substituted for the delivery of the document referred to in that paragraph. If any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so preserved. 3. The carrier shall deliver to the passenger a baggag identification tag for each piece of checked baggag. 4. The passenger shall be given written notice to the effect that where this Convention is applicable it will govern and may limit the liability of the carrier in respect of death or injury and for destruction or loss of, or damage to, and delay baggag, for. 5. Non-compliance with the provision of the foregoing paragraphs shall not be affec the existenc or the validity of the contract of carriage, which shall, subject to be it nonetheles the rules of this Convention including those relating to limitations of liability. Article 4 cargo 1. In respect of the carriage of cargo, an air waybill shall be delivered. 2. Any other means which preserve a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the consignmen and access to the information in the record preserved by led such other means. Article 5 contents of air waybill or cargo receipt the air waybill or the cargo receipt shall include: (a) an indication of the places of departure and destination; (b) if the places of departure and destination are within the territory of a single State Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; and (c) an indication of the weight of the consignmen. Article 6 document relating to the nature of the cargo the consignor may be required, if not, to meet the cessary formalit to of custom, police and similar public authorities to deliver a document indicating the nature of the cargo. This provision create for the carrier duty, obligation or liability from resulting therefrom. Description of air waybill article 7 1. The air waybill shall be made out by the consignor in three original parts. 2. The first part shall be marked "for the carrier"; It shall be signed by the consignor. The second part shall be marked "for the consigne"; It shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the cargo has been accepted. 3. The signature of the carrier and that of the consignor may be printed or Stampede. 4. If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor. Article 8 Documentation for multiple packages When there is more than one package: (a) the carrier of cargo has the right to require the consignor to make out separate air waybill; (b) the consignor has the right to require the carrier to deliver separate cargo receipts when the other means referred to in paragraph 2 of article 4 are used. Article 9 Non-compliance with documentary requirements Non-compliance with the provision of articles 4 to 8 shall not be affec the existenc or the validity of the contract of carriage, which shall, subject to be it nonetheles the rules of this Convention including those relating to limitations of liability. Article 10 Responsibility for particular of documentation 1. The consignor is responsible for the particular correctnes of the and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by the it or on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in paragraph 2 of article 4. The foregoing shall also apply where the person acting on behalf of the consignor is also the agent of the carrier. 2. the consignor shall indemnify the carrier against all the damage suffered by it, or by any other person to whom the carrier is liabl, by reason of the irregularity, incompletenes or incorrectnes of the particular and statements furnished by the consignor or on the behalf of the ITU. 3. Subject to the provision of paragraph 1 and 2 of this article, the carrier shall indemnify the consignor against all damage suffered by it, or by any other person to whom the consignor is liabl, by reason of the irregularity, incompletenes or incorrectnes of the particular and statements inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other means referred to in paragraph 2 of article 4 Article 11 Evidentiary value of documentation 1. The air waybill or the cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein. 2. Any statements in the air waybill or the cargo receipt relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not evidence the constitut against the carrier except so far as they both to have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the condition of the apparen to cargo. Article 12 right of disposition of cargo 1. Subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispos of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consigne of originally designated, or by requiring it to be returned to the airport of departure. The consignor must not exercise this right of disposition in such a way as to prejudice the carrier or others consignor and a must for any expense occasioned by reimburs the exercise of this right. 2. If it is impossible to carry out the instructions of the consignor, the carrier must so inform the consignor forthwith the. 3. If the carrier carr out the instructions of the consignor for the disposition of the cargo without requiring the production of the about of the air waybill or the cargo receipt delivered to the latter, the carrier will be liabl, without prejudice to its right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. 4. The right conferred on the consignor's cease at the moment when that of the consigne» begins in accordanc with article 13. vertheles, if Not the consigne» the declin accept the cargo, or cannot be communicated with, the consignor resumes its right of disposition. Article 13 Delivery of the cargo 1. Except when the consignor has exercised its right under article 12, the consigne is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charges due and on complying with the conditions of carriage. 2. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consigne as soon as the cargo Arriva. 3. If the carrier will admit the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ough to have arrived, the consigne is entitled to enforce against the carrier the rights which flow from the contract of carriage. Article 14 enforcement of the rights of consignor and the consignor consigne and the consigne can respectively enforce all the rights given to them by articles 12 and 13, each in its own name, it is acting in its whethers own interest or in the interests of another, provided that it carr out the obligation is imposed by the contract of carriage. Article 15 relations of consignor and consigne or mutual relations of third parties 1. Articles 12, 13 and 14 do not be affec either the relations of the consignor and the consigne with each other or the mutual relations of third parties, whose rights are derived either from the consignor or from the consigne. 2. The provision of articles 12, 13 and 14 can only be varied by express provision in the air waybill or the cargo receipt. Article 16 of the custom, police Formalit or other public authorities 1. The consignor must furnish such information and such documents as the cessary to meet not the to of custom, formalit police and any other public authorities before the cargo can be delivered to the consigne. The consignor is liabl to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, its servants or agents. 2. The carrier is under from the obligation to enquir into the sufficiency of such information or correctnes or documents. Chapter III Liability of the carrier and exten of compensation for damage article 17 Death and injury of a passenger, damage it 1 baggag. The carrier is liabl for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. 2. The carrier is liabl for damage sustained in case of destruction or loss of, or of damage to, checked baggag upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggag was in the charge of the carrier. However, the carrier is not liabl if and to the exten the that the damage resulted from the inheren the defect, quality or vice of the baggag. In the case of, unchecked baggag including personal items, the carrier is liabl if the damage resulted from its fault or that of its servants or agents. 3. If the carrier will admit the loss of the checked baggag, or if the checked baggag has not arrived at the expiration of 21 days after the date on which it ough to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage. 4. Unless otherwise is specified, in this Convention the term "baggag" means both checked and unchecked baggag baggag. Article 18 damage to cargo 1. The carrier is liabl for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. 2. However, the carrier is not liabl if and to the exten it prov's that the destruction, or loss of, or damage to, the cargo resulted from one or more of the following: (a) inheren the defect, quality or vice of that cargo; (b) defective packing of that cargo is performed by a person other than the carrier or its servants or agents; (c) an act of war or an armed conflict; (d) an act of public authority carried out in connection with the entry, exit or transit of the cargo. 3. The carriage by air within the meaning of paragraph 1 of this article of the period during which compris the cargo is in the charge of the carrier. 4. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. If, however, such carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipmen, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. If a carrier, without the consent of the consignor, the substitute carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carriage by air, such carriage by another mode of transport is deemed to be within the period of the carriage by air. Article 19 Delay the carrier is liabl for damage occasioned by delay in the carriage by air of a passenger, baggag or cargo. Vertheles not, the carrier shall not be liabl for damage occasioned by delay if it's in the process that it and its servants and agents took all measure that could reasonably be required of it to avoid the damage or that it was impossible for it or them to take such measure. Article 20 Exoneration If the carrier of prov that the damage was caused or contributed to by the gligenc or other wrongful act or omission of the person claiming compensation, or the person from whom he or she the his or her rights of deriv, the carrier shall be wholly or partly exonerated from its liability to the to the exten to claiman that such gligenc not or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the carrier shall be wholly or partly exonerated likewis from its liability to the fineness of the exten that it that the damage was caused or contributed to by the gligenc or other wrongful act or omission of that passenger. This article applies to all the liability provision in this Convention, including paragraph 1 of article 21 Article 21 Compensation in case of death or injury of the passenger 1. For damage arising under paragraph 1 of article 17 not exceeding 100000 of Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability. 2. The carrier shall not be liabl for damage arising under the paragraph 1 of article 17 to the exten to that for each passenger 100000 exceeds 100 and Special Drawing Rights if the carrier of that process: (a) such damage was not due to the gligenc or wrongful act or omission of others, the carrier or its servants or agents; or (b) such damage was solely due to the gligenc or wrongful act or omission of others, a third party. Article 22 limits of liability in the relations, and the delay baggag cargo 1. In the case of damage caused by delay as specified in article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4150 Special Drawing Rights. 2. In the carriage of baggag, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1000 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggag was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liabl to pay a sum not exceeding the declared sum, unless it's the process that the sum is greater than the passenger's actual interest in delivery at destination. 3. In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 17 Special Drawing Rights per kilogr, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liabl to pay a sum not exceeding the declared sum, unless it's the process that the sum is greater than the consignor's actual interest in delivery at destination. 4. In the case of destruction, loss, damage or delay of part of the cargo, or of any object therein, led the weight to be taken into considerations in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Vertheles, not when the destruction, loss, damage or delay of a part of the cargo, or of an object therein, led the Lady value of other packages covered by the same air waybill, or the same receipt or, if they were not issued, by the same record preserved by the other means referred to in paragraph 2 of article 4, the total weight of such package or packages shall also be taken into considerations in determining the limit of liability. 5. The foregoing provision of paragraphs 1 and 2 of this article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment. 6. The limits prescribed in article 21 and in this article shall not prevent the Court from awarding, in accordanc with its own law, in addition, the whole or part of the court costs and of the other expense of the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of the damage, the Court awarded excluding costs and others expense of the litigation, does not exceeds 100 the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence is causing the damage, or before the commencemen of the action, if that is later. Article 23 Conversion of monetary units 1. The sum mentioned in terms of Special Drawing right in this Convention shall be deemed to refer to the Special Drawing right as defined by the International Monetary Fund. Conversion of the sum into national currencies shall, in case of judicial proceedings, be made according to the value of such currencies in terms of the Special Drawing right at the date of the judgement. The value of a national currency, in terms of the Special Drawing right, of a State Party which is a Member of the International Monetary Fund, shall be calculated in accordanc with the method of valuation applied by the International Monetary Fund, in effect at the date of the judgement, for its operations and transactions. The value of a national currency, in terms of the Special Drawing right, of a State Party which is not a Member of the International Monetary Fund, shall be calculated in a manner determined by that State. 2. vertheles, those States which are not members of the International Monetary Fund and whose law does not permit the application of the provision of paragraph 1 of this article may, at the time of ratification or accession or at any time thereafter, declare that the limit of liability of the carrier prescribed in article 21 is fixed at a sum of 1500000 monetary units per passenger in judicial proceedings in their territories; 62500 monetary units per passenger with respect to paragraph 1 of article 22; 15000 monetary units per passenger with respect to paragraph 2 of article 22; and 250 monetary units per kilogr with respect to the paragraph 3 of article 22. This monetary unit correspond to 65.5 milligram of gold of millesimal finenes for nine hundred. These may be converted to the sum into the national currency concerned in round figures. The conversion of these sum into national currency shall be made according to the law of the State concerned. 3. The calculation mentioned in the last line of paragraph 1 of this article and the conversion method mentioned in paragraph 2 of this article shall be made in such manner as to express in the national currency of the State Party as far as possible the same real value for the non in articles 21 and 22 as would result from the application of the first three line of paragraph 1 of this article. State parties shall communicate to the depositary the manner of calculation pursuan to paragraph 1 of this article, or the result of the conversion in paragraph 2 of this article as the case may be, when depositing an instrument of ratification, acceptance, approval of or accession to this Convention and whenever there is a change in either. Article 24 Review of limits 1 without prejudice to the provision of article 25 of this Convention and subject to paragraph 2 below, the limits of liability prescribed in articles 21, 22 and 23 shall be reviewed by the Depositary at five-year intervals, the first such review to take place at the end of the fifth year following the date of entry into force of this Convention , or if the Convention does not enter into force within five years of the date it is first open for signature, within the first year of its entry into force, by reference to an inflation factor which correspond to the accumulated rate of inflation since the previous revision or in the first instance since the date of entry into force of the Convention. The measure of the rate of inflation to be used in determining the inflation factor shall be the weighted average of the annual rates of the increase or decrease in the Consumer price is indicated of the States whose currencies compris the Special Drawing right mentioned in paragraph 1 of article 23, 2. If the review referred to in the preceding paragraph that the inflation of conclud factor has exceeded 10 per cent the Depositary shall notify States parties of a revision of the limits of liability. Any such revision shall become effective six months after its notification to the States parties. If within three months after its notification to the States parties a majority of the States parties register their disapproval, the revision shall not become effective and the Depositary shall refer the matter to a meeting of the States parties. The Depositary shall immediately notify all States parties of the coming into force of any revision. 3. Notwithstanding paragraph 1 of this article, the procedure referred to in paragraph 2 of this article shall be applied at any time provided that one-third of the States parties express a desire to that effect and upon condition that the inflation factor referred to in paragraph 1 has exceeded 30 per cent since the previous revision or since the date of entry into force of this Convention if there has been from the previous revision. Subsequent reviews using the procedure described in paragraph 1 of this article will take place at five-year intervals starting at the end of the fifth year following the date of the review under the present paragraph. Article 25 Stipulation on limit (A) the carrier may stipulat that the contract of carriage shall be subject to higher limits of liability than those provided for in this Convention or those of the limits of liability whatsoever. Article 26 Invalidity of contractual provision tending to relieve Any provision the carrier of liability or to fix a lower limit than that which is put down in this Convention shall be null and void, but the nullity of any such provision does not involv the nullity of the whole contract, which shall remain subject to the provision of this Convention. Article 27 Freedom to contract Nothing in this Convention shall led prevent the carrier from refusing to enter into any contract of carriage, from waiving any of the available defence under the Convention, or from laying down conditions which do not conflict with the provision of this Convention. Article 28 advance payments In the case of aircraft accidents resulting in death or injury of a passenger, the carrier shall, if required by its national law, make advance payments without delay to a natural person or persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons. Such advance payments shall not a recognition of liability and constitut may be offset against any subsequently paid a non sharp damage by the carrier. Article 29 basis of claims In the carriage of passenger, baggag and cargo, any action for damage, however founded, whethers under this Convention or in contract or in tort or otherwise, can only be brough to be subject to the condition and such limits of liability as are set out in this Convention without prejudice to the question as to who are the persons who have the right to bring suit and what are their respectiv rights. In any such action, punitiv, exemplary or any other non-compensatory damage shall not be of recoverabl. Article 30 servants, agents – aggregation of claims 1. If an action is brough against a servant or agent of the carrier arising out of damage to which the Convention relate, such servant or agent, if they in the process that they acted within the scope of their employment, shall be entitled to availa ... themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under this Convention. 2. The aggregate of the non recoverabl is from the carrier, its servants and agents, in that case, shall not limit 12 the said. 3. Save in respect of the carriage of cargo, the provision of paragraphs 1 and 2 of this article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result. Article 31 Timely notice of complaints 1. Receipt by the person entitled to delivery of the checked baggag or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordanc with the document of carriage or with the record preserved by the other means referred to in paragraph 2 of article 3 and paragraph 2 of article 4. In the case of damage, the person entitled to delivery must complaint to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggag and 14 days from the date of receipt in the case of cargo. In the case of delay, the complaint must be made at the latest within 21 days from the date on which the baggag or cargo have been placed at his or her disposal. 3. Every complaint must be made in writing and given or dispatched within the times aforesaid. 4. If, from the complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on it for the article 32 Death of a person. liabl In the case of the death of the person, liabl an action for damage of spleen in accordanc with the terms of this Convention against those legally representing his or her estate. Article 33 Jurisdiction 1. An action for damage must be of brough, at the option of the plaintiff, in the territory of one of the States parties, either before the Court of the domicile of the carrier or of its principal place of business, or where it has a place of business through which the contract has been made or before the Court at the place of destination. 2. In respect of damage resulting from the death or injury of a passenger, an action may be brough before one of the courts mentioned in paragraph 1 of this article, or in the territory of a State Party in which at the time of the accident the passenger has his or her principal and permanent residence or from and to which the carrier operate services for the carriage of passenger by air on its own, either aircraft, or on another carrier's aircraft pursuan to a commercial agreement, and in which that carrier will conduct its business of carriage of passenger by air from the premise of leased or owned by the carrier itself or by another carrier with which it has a commercial agreement. 3. For the purpose of paragraph 2, (a) "commercial agreement" means an agreement, other than an agency agreement, made between carrier and relating to the provision of their joint services for carriage of passenger by air; (b) "principal and permanent residence" means the one fixed and permanent abode of the passenger at the time of the accident. The nationality of the passenger shall not be the determining factor in this regard. 4. Questions of procedure shall be governed by the law of the court seised of the case. Article 34 Arbitration 1. Subject to the provision of this article, the parties to the contract of carriage for cargo may stipulat that any dispute relating to the liability of the carrier under this Convention shall be settled by arbitration. Such agreement shall be in writing. 2. The arbitration proceedings shall, at the option of the claiman, take place within one of the jurisdiction referred to in article 33 to 3. The arbitrator or arbitration tribunal shall apply the provision of this Convention. 4. The provision of paragraphs 2 and 3 of this article shall be deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall be null and void. Article 35 Limitations of action 1. The right shall be extinguished if the damage of an action is not to be within a period of brough two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft to have arrived, ough or from the date on which the carriage stopped. 2. The method of calculating that period shall be determined by the law of the court seised of the case. Article 36 Successive carriage 1 by. In the case of carriage to be performed by various successive of the carrier and falling within the definition set out in paragraph 3 of article 1, each carrier which accept a passenger, baggag or cargo is subject to the rules set out in this Convention and is deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under its supervision. 2. In the case of carriage of this nature, the passenger or any person entitled to compensation in respect of him or her can take action only against the carrier which performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey. 3. As regards baggag or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consigne who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the destruction, loss, damage or delay took place. These will be jointly and severally carrier liabl it to the passenger or to the consignor or consigne. Article 37 right of recourses against third parties Nothing in this Convention shall prejudice the question whethers person liabl (a) for damage in accordanc with its provision has a right of recourses against any other person. Chapter IV Combined carriage article 38 Combined carriage 1. In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provision of this Convention shall, subject to paragraph 4 of article 18, apply only to the carriage by air, provided that the carriage by air falls within the terms of article 1. "2. Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provision of this Convention are observed as regards the carriage by air. Chapter V carriage by air performed by a person other than the contracting carrier Contracting carrier actual carrier 39 article in the provision of this Chapter apply when a person (hereinafter referred to as "the contracting carrier") as a principal makes a contract of carriage governed by this Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor , and another person (hereinafter referred to as "the" actual carrier ") perform, by virtue of authority from the contracting carrier, the whole or part of the carriage, but with respect to such is not on a successive carrier within the meaning of the this Convention. Such authority shall be presumed in the absence of proof to the contrary. Article 40 the liability of contracting and actual Respectiv carrier If an actual carrier to perform the whole or part of carriage which, according to the contract referred to in article 39, is governed by this Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Chapter, be subject to the rules of this Convention, the former for the whole of the carriage contemplated in the contract , the latter solely for the carriage which it perform. Article 41 Mutual liability 1. The acts and omission of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relations to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier. 2. The acts and omission of the contracting carrier and of its servants and agents acting within the scope of their employment shall, in relations to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Vertheles, not from such act or omission shall subject the actual carrier to liability exceeding the will referred to in non articles 21, 22, 23 and 24. Any special agreement under which the contracting carrier's obligation to assume not imposed by this Convention or any waiver of rights conferred by this of defence or Convention or any special declaration of interest in delivery at destination contemplated in article 22 shall not be affec the actual carrier unless agreed to by it of article 42 of the Addresse. complaints and instructions Any complaint to be made or instruction to be given under this Convention to the carrier shall have the same effect addressed to the contracting carrier whethers or to the actual carrier. Vertheles, not instructions referred to in article 12 shall only be effective if addressed to the contracting carrier. Article 43 servants and agents In relations to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if they in the process that they acted within the scope of their employment, be entitled to availa ... themselves of the conditions and limits of liability which the applicable under this Convention to the carrier whose servant or agent they are , unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordanc with this Convention. Article 44 Aggregation of damage In relations to the carriage performed by the actual carrier, the aggregate of the non recoverabl a from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceeds 100 the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Convention , but none of the persons mentioned shall be liabl for a sum in excess of the limit applicable to that person. Article 45 Addresse of claims In relations to the carriage performed by the actual carrier, an action for damage may be of brough, at the option of the plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brough against only one of those carrier, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seised of the case. Article 46 Additional jurisdiction Any action contemplated in the article for damage of 45 must be brough, at the option of the plaintiff, in the territory of one of the States parties, either before a court in which an action may be brough against the contracting carrier, as provided in article 33, or before the court having jurisdiction at the place where the actual carrier has its domicile or its principal place of business. Article 47 Invalidity of contractual provision tending to relieve Any contractual provision the contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be null and void, but the nullity of any such provision does not involv the nullity of the whole contract, which shall remain subject to the provision of this Chapter. Article 48 Mutual relations of contracting and actual carrier Except as provided for in article 45, nothing in this Chapter shall be affec the rights and obligation of the carrier between themselves, including any right of indemnification or recourses. Chapter VI Other provision of article 49 Mandatory application Any clause in the contract of led carriage and all special agreements entered into before the damage occurred by which the parties to the purpor the rules placed infring down by this Convention, whethers by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Article 50 insurance States parties shall require their carrier to maintain insurance covering their adequat liability under this Convention. (A) the carrier may be required by the State Party into which it operate to furnish evidence that it maintains adequat insurance covering its liability under this Convention. Article 51 carriage Performed in Extraordinary Circumstanc the provision of articles 3 to 5, 7 and 8 relating to the documentation of carriage shall not apply in the case of carriage performed in extraordinary circumstanc's outside the normal scope of a carrier's business. Article 52 Definition of days the expression "days" when used in this Convention means calendar days, not working days. Chapter VII Final clauss's article 53 signature, ratification and entry into force 1 this Convention shall be open. for signature in Montreal on 28 May 1999 by States participating in the International Conference on Air Law held at Montreal from 10 to 28 May 1999 After 28 May 1999, the Convention shall be open to all States for signature at the headquarters of the International Civil Aviation Organization in Montreal until it enter into force in accordanc with paragraph 6 of this article. 2. This Convention shall similarly be open for signature by Regional Economic Integration organisations. For the purpose of this Convention, a "Regional Economic Integration Organisation" means any organisation which is constituted by sovereign States of a given region which has competence in respect of certain matters governed by this Convention and has been duly authorized to sign and the ratify.â, accept, approve or accede to this Convention. A reference to a "State Party" or "States parties" in this Convention, otherwise than in paragraph 2 of article 1, paragraph 1 (b) of article 3, paragraph (b) of article 5, articles 23, 33, 46 and paragraph (b) of article 57, applies equally to a Regional Economic Integration Organisation. For the purpose of article 24, the references to "a majority of the States parties" and "one-third of the States parties" shall not apply to a Regional Economic Integration Organisation. 3. This Convention shall be subject to ratification by States and by Regional Economic Integration organisations which have signed it. "4. Any Regional Economic Integration Organisation or the State which does not sign this Convention may accept, approve or accede to it at any time. 5. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated the Depositary. 6. This Convention shall enter into force on the sixtieth day following the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession with the Depositary between the States which have deposited such instrument. An instrument deposited by a Regional Economic Integration Organisation shall not be counted for the purpose of this paragraph. 7. For other States and for other Regional Economic Integration organisations, this Convention shall take effect 60 days following the date of deposit of the instrument of ratification, acceptance, approval or accession. 8. The Depositary shall promptly notify all States parties and signator of: (a) each signature of this Convention and date thereof; (b) each deposit of an instrument of ratification, acceptance, approval or accession and date thereof; (c) the date of entry into force of this Convention; (d) the date of the coming into force of any revision of the limits of liability established under this Convention; (e) any denunciation under article 54 article 54 Denunciation 1. Any State Party may denounc this Convention by written notification to the Depositary. 2. Denunciation shall take effect 180 days following the date on which notification is received by the Depositary. Article 55 Relationship with other Warsaw Convention instruments this Convention shall prevails over any rules which apply to international carriage by air: 1. between States parties to this Convention by virtue of those States commonly being Party to (a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 (hereinafter called the "Warsaw Convention"); (b) the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929, done at the Hague on 28 September 1955 (hereinafter called the Hague Protocol); (c) the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed at Guadalajara on 18 September 1961 (hereinafter called the Guadalajara Convention); (d) the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol done at the Hague on 28 September 1955 signed at Guatemala City on 8 March 1971 (hereinafter called the Guatemala City Protocol; (e) Additional Protocol No. 1 to 3 and Montreal Protocol No 4 to amend the Warsaw Convention as amended by the Hague Protocol or the Warsaw Convention as amended by both the Hague Protocol and the Guatemala City Protocol signed at Montreal on 25 September 1975 (hereinafter called the Montreal Protocols); or 2. within the territory of any single State Party to this Convention by virtue of that State being Party to one or more of the instruments referred to in subparagraph (a) to (e) above. Article 56 States with more than one system of law 1 If a State has two or more territorial units in which different systems of law applicable in the relations it matters to deal with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. 2. Any such declaration shall be notified to the Depositary and shall state expressly the territorial units to which the Convention applies. 3. In relations to a State Party which has made such a declaration: (a) the reference in article 23 to "national currency" shall be construed as referring to the currency of the relevant territorial unit of that State; and (b) the reference in article 28 to "national law" shall be construed as referring to the law of the relevant territorial unit of that State. Article 57 reservations of the reservation may be made to this Convention except that a State Party may (a) at any time declare by a notification addressed to the Depositary that this Convention shall not apply to: (a) international carriage by air performed and operated directly by that State Party for non-commercial purpose in respect to its functions and duties as a sovereign State; and/or (b) the carriage of persons, cargo and for its baggag military authorities on aircraft registered in or leased by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities. In WITNESS WHEREOF the undersigned, having been duly authorized to Plenipotentiar, have signed this Convention. Done at Montreal on the 28th day of May of the year one thousand nine hundred and ninety-nine in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic. This Convention shall remain deposited in the archives of the International Civil Aviation Organization, and certified thereof shall be transmitted to the cop by the Depositary 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 Montreal Protocol.
Translation of the Convention on international air TRANSPORT the unification of certain rules of THIS Convention, the Convention on the recognition of international air transport, the unification of certain rules, signed in Warsaw on 12 October 1929, (hereinafter referred to as the "Warsaw Convention") and the other relevant documents the essential contribution of private international air law harmonisation; Recognizing the need to modernize and consolidate the Warsaw Convention and relevant documents; Recognizing consumer interests the importance of securing international air traffic and the need for equitable compensation based on the principle of reimbursement; Reaffirming the desirability of duly develop international air transport operations and smooth passenger, baggage and cargo flow in accordance with Chicago 1944 December 7, signed the Convention on international civil aviation principles and objectives; Convinced that collective State action for further some of the rules that govern international air services, harmonisation and codifying the new Convention is the most appropriate means of achieving the objective of balance of interests, have agreed as follows: chapter I General provisions article 1 1 of the application of this Convention applies to all international carriage of persons, baggage and cargo for payment made by the aircraft. It also applies to free transportation by aircraft, by air transport company. 2. for the purposes of this Convention the international carriage means any carriage in which, from, in accordance with the agreement between the parties, the place of departure and the place of destination, whether or not been a break in the carriage or a transhipment, are situated either in the territory of two Member States, or to the territory of a single Member State, if there is an agreed stopping place in the territory of another State, even if that State is not a Member State. Transport between two points within the territory of one Member State without an agreed stopping place in the territory of another State is not international carriage for the purposes of this Convention. 3. Carriage performed by successive carriers, the more the meaning of this Convention is considered to be one undivided carriage if it is regarded as one of the party activities or if it is entered into the agreement on one contract type, or with a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be executed only one and the same territory. 4. This Convention applies also to carriage as referred to in chapter V, subject to the provisions contained therein. Article 2 State services and the carriage of postal consignments 1. this Convention applies to carriage performed by the State or by legally established public authorities if it satisfies the conditions laid down in article 1. 2. Transport of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations. 3. the provisions of this Convention, except in paragraph 2 of this article the terms, do not apply to the carriage of postal items. Chapter II obligations of Member States and of the documentation relating to the carriage of passengers, baggage and goods article 3 passengers and baggage 1. in respect of the carriage of passengers are provided with an individual or collective document of carriage that contains: (a) the origin and destination point) instruction; (b) if the origin and destination) on the territory of a single Member State, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place. 2. A document that indicated in paragraph 1, may be replaced by any other means which preserves this information referred to in paragraph 1. If you use any other such means, the carrier offers a passenger a written statement issued on this saved information. 3. the carrier shall be issued the passenger a baggage identification mark for each baggage unit. 4. the passenger shall issue written notice of that there, where this Convention applies, it governs and may limit the liability of carriers for death or health damage and the destruction, loss or damage to, and delay. 5. the above paragraph rules shall not affect the existence or the contract of carriage. It is, however, subject to the provisions of this Convention, including the provisions concerning limitation of liability. Article 4 cargo 1. in respect of freight transport is provided in the air waybill. 2. Air waybills may replace any other means which preserves the carriage to be performed. If you use such other means, at the request of the consignor, the carrier issue a receipt to the consignor a cargo receipt permitting identification of the consignment and access to the information contained in registration that is stored with the following other features. Article 5 air waybills or cargo receipt content air waybill or the cargo receipt shall include: (a) the origin and place of destination) instructions; (b) if the origin and destination) on the territory of a single Member State, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; and (c) the weight of the items shipped). Article 6 document relating to the nature of the load if necessary to comply with the customs, police and similar administrative bodies of formalities, the sender can request the issue of a document indicating the nature of the cargo. This provision does not cause the carrier from the resulting duties, obligations or responsibilities. Article 7 air waybills Description 1. discharged air of the consignor the consignment note consists of three originals. 2. First copy represents the "carrier", and signed by the sender. Second copy represents the "recipient" and signed by the shipper and the carrier. The third copy shall be signed by the carrier who puts the consignor after the cargo has been accepted. 3. the signature of the carrier and the consignor's signature may be printed or stamped. 4. If the request of the consignor, the carrier's air waybill shall be drawn up, and then, in the absence of evidence to the contrary, it is considered that the carrier is done on behalf of the consignor. Article 8 Documentation for multiple packages when there is more than one package: (a)) the carrier of cargo has the right to require the consignor to extract the separate air waybills; (b)) when being used in article 4, paragraph 2, the following other features, the shipper is entitled to require the carrier to issue a separate cargo receipts. Article 9 non-compliance of the documentation of this Convention article 4 to 8 non-compliance does not affect the existence or the contract of carriage. It is, however, subject to the provisions of this Convention, including the provisions relating to limitation of liability. Article 10 responsibility for parts of the documentation 1. The consignor is responsible for ensuring the accuracy of the details and statements relating to the cargo which it passed or his name included in the air waybill, or that he made his name, or which provides for the inclusion of carrier cargo receipt or for inclusion in a register maintained by article 4, paragraph 2, other specified means. The above conditions shall also apply if a person, acting on behalf of the consignor is also the carrier's agent. 2. the shipper provides the carrier against him or any other person, in front of which the carrier is liable, the damages suffered by all types which cause is on behalf of the consignor or the details provided and not notice the precision, not accuracy or omission. 3. in accordance with this article and the provisions of paragraph 2, the carrier provides the sender against him or any other person, in front of which the consignor is responsible, caused by all types of injury, which is the reason for their detail and accuracy, not notice irregularity or omission, which the carrier is included or that his name included in the cargo receipt or registration that is stored with the article 4, paragraph 2, other specified means. Article 11 the value of conclusive Documentation 1. air waybill or the cargo receipt is prima facie evidence of the conclusion of the contract, the acceptance and carriage of the above conditions. 2. check the air waybill or the cargo receipt relating to the weight, dimensions and packing, as well as its markup, which refers to the number of packages, are prima facie evidence of the facts checked; tags relating to cargo quantity, size and condition, is evidence against the carrier only to the extent that the carrier and the shipper's presence is checked as well as tested selected the air waybill or the cargo receipt, or apply to the cargo State the obvious. Article 12 right to dispose of the cargo in accordance with the shipper 1. responsibility for all your transport contract undertakings referred to in the consignor has the right to dispose of the cargo: remove the starting point or destination airport, stop in at any of the travel route landing, request their destination or travel time to deliver than originally specified recipient, but to another person, or request it to be sent back to the starting point at the airport. The consignor must not exercise this right of action so as to prevent the carrier or other consignors and the consignor is obliged to reimburse all expenses incurred as a result of the implementation of these rights. 2. If it is not possible to execute the instructions of the consignor, the carrier about it You must promptly inform the shipper. 3. If the carrier runs the instructions of the consignor for the treatment of goods and shall not require the presentation to the last issued to the air waybill or the cargo receipt of copies of, the carrier shall, without prejudice to their right to receive compensation from the shipper is liable for any damage which may be caused thereby to any person who legally own the air waybill or the cargo receipt copy. 4. the privileges granted to the consignor ceases to exist the moment the recipient acquires this right in accordance with article 13. However, if the recipient refuses to accept the goods or is unable to communicate with him, again revert to the sender the right to handle the load. Article 13 delivery of cargo 1. except where the exporter is pursuing his rights under article 12, the consignee of the cargo going into with the endpoint has the right to require the carrier to deliver the cargo to him against payment of the costs incurred and agree with the conditions of carriage. 2. The carrier must give the message to the recipient, as soon as the shipment has arrived, if no other arrangements 3. If the carrier admits that the cargo is missing, or if the cargo has not arrived within seven days after the date on which it had come, the consignee is entitled to enforce against the carrier the rights resulting from the contract of carriage. Article 14 the consignor and recipient rights origin and destination may exercise any of the rights granted to them by article 12 and 13, each in its own name: either acting in their interests or the interests of another, provided that it is implemented the obligations imposed by the contract of carriage. Article 15 the sender and recipient or third-party relationship of this Convention 1 12, 13, and article 14 does not affect the shipper's relationship with the recipient, not the third party relationship, which his rights acquired either from the consignor or from the recipient. 2. This Convention, 12, 13 and article 14 of the rules can be changed only by explicit rules the air waybill or the cargo receipt. Article 16 customs, police or other public authorities 1. formalities the consignor is obliged to provide such information and such documents as are necessary for the customs, police and any other public authorities before the cargo to comply with formalities can be delivered to the recipient. The consignor is liable the carrier for any damage incurred due to the fact that any such information or document is missing, it is insufficient or incorrect, unless the damage is not caused by the carrier, its servants or agents. 2. the carrier shall not be obliged be interested in such information or the accuracy or adequacy of documents. Chapter III liability of the carrier and extent of compensation article 17 passenger death, damage to health, damage to baggage 1. Carrier is liable for damage caused to the passenger's death or health defects, only on the condition that the accident which caused the death or health damage have occurred on board an aircraft or any embarkation or disembarkation operations. 2. the carrier is liable for damage caused to any checked baggage destruction, loss or damage to the case, provided that the incident which caused the destruction, loss or damage has occurred in the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier shall not be liable for damages in the circumstances and to the extent that the cause of loss is inherent defect, quality luggage, or lack thereof. In case baggage, including personal effects, is not registered, the carrier is liable if the damage is the result of his cause, his employee or agent. 3. If the carrier admits that the checked baggage is missing, or if the checked baggage has not arrived twenty one days after the date on which it had come, the passenger is entitled to enforce against the carrier arising from the contract of carriage. 4. unless otherwise specified, in this Convention the term "baggage" means both the registered baggage and unchecked baggage. 18. Article 1 of the cargo damage. the carrier is liable for damage caused to a cargo of destruction, loss or damage to the case, with the condition that the event that caused the loss, this has happened during the carriage by air. 2. However, the carrier is not liable if he proves, and the extent it proves that the destruction, loss or damage occurred on one or more of the following factors: (a) inherent defect of the goods), quality or lack thereof; (b) the cargo packaging) are not provided by the carrier, its employees or agents, and it was made with deficiencies; c) war or armed conflict; (d)) the national authority has adopted legislation concerning the entry, exit or transit of the cargo. 3. the carriage by air within the meaning of article includes the time period in which the carrier is responsible for the load. 4. during the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. If, however, such transport is running the air carriage contract with the intent to deliver or load, handling, it is assumed that any injury if not proven otherwise, have emerged as a result of any event during the carriage by air. If the carrier without the sender's consent, all or part of the carriage, which by agreement of the parties was scheduled to perform as air, replaced by other modes of transport, it is considered that such transport with other modes of transport air transport takes place in the time period. Article 19 delay the carrier is liable for damage caused to passengers, baggage or cargo air transport delay. However, the carrier is not liable for damages resulting from delay, if he proves that he, his servants and agents have taken all reasonably necessary measures to avoid the damage, or if they could not take such measures. Article 20 an excuse if the carrier proves that the damage was caused or contributed to the neglect of other wrongful act or omission of the party requesting a refund from the person or party, from which he or she won (s) your rights, the carrier shall be wholly or partly released from liability to the claimant to the extent that such negligence, wrongful act or negligence caused or contributed to the damage. When the passenger's death or injury compensation is requested by a person other than the passenger, the carrier shall also be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused by or contributed to by the negligence of the passenger, the other the wrong activity or neglect. This article applies to all the liability provisions in this Convention, including article 21, paragraph 1. Article 21 Compensation for passenger death or injury 1. the carrier may not dispose of or limit of liability for losses incurred in accordance with article 17, paragraph 1 and not exceeding 100 000 SDR for each passenger. 2. For damages arising under article 17, paragraph 1, the carrier is not liable if and to the extent that they exceed 100 000 SDR for each passenger if the carrier proves that: (a) the cause of such losses) was the carrier, its servants or agents negligence, other malfunction or negligence; or (b) the cause of such losses) was the only third-party negligence, other malfunction or negligence. Article 22 limits of liability in relation to delay, baggage and cargo 1. in the event of damage caused by delay as specified in article 19, personal services, then the liability of the carrier for each passenger is limited to 4150 SDRS. 2. The carriage of baggage, the carrier is liable for destruction, loss, damage or delay in the case is limited to 1000 SDRS per passenger, unless at the time when the checked baggage was handed over to the carrier, the passenger is not specifically declared by interest into the endpoint and not paid the additional amount, if the specific case it has been requested. In this case, the carrier will be responsible for the payment of a sum not exceeding the declared sum, unless the carrier proves that the sum is greater than the passenger's actual interest in delivery at destination. 3. the liability of the carrier in the cargo of destruction, loss, damage or delay in the case is limited to 17 SDR per kilogram, unless at the time when the package was handed over to the carrier, the shipper not expressly declared by interest into the endpoint and not paid the additional amount, if the specific case it has been requested. In this case, the carrier will be responsible for the payment of a sum not exceeding the declared sum, unless the carrier proves that the sum is greater than the consignor's actual interest in delivery at destination. 4. the Goods or any part of the object's destruction, loss, damage to or delay in the case of the weight to be taken into account in determining the amount to which the carrier's liability is limited, there is only the wrapping or packaging total weight. However, when the load or any part of the object's destruction, loss, damage or delay affects other value packages covered by the same air waybill, or the same receipt, or, if they were not issued, then covered by one and the same registration that is stored with the other article 4, paragraph 2 the resources indicated, then this package or packaging total weight must be taken into account in the When determining the limits of liability. 5. The above paragraph 1 and paragraph 2 shall not apply if it is proved that the damage is originated, its employees or the carrier agent actions or omissions performed with the intention to cause damage or recklessly and with knowledge that damage would probably be harmed; and provided that such employee or agent or in case of negligence is proved that such employee or agent acted within the framework of their work or duties. 6. Limits of liability laid down in article 21 and in this article shall prevent a court, in accordance with its laws recognized in addition to order the whole or part of the court costs or other costs paid for by the applicant committed, including interest. The above provision does not apply if the amount of the damages awarded, excluding court costs and other litigation costs, does not exceed the amount that the carrier has offered in writing to the plaintiff within a period of six months from the date on which the damage occurred, the event created on or before the commencement of the trial, if it happens later. Article 23 conversion of monetary units 1. It must be held that the amounts referred to in this Convention, the expression refers to the SDR SDR as defined by the International Monetary Fund. This amount in national currency conversion litigation proceedings are being carried out following the currency value of the SDR in the expression judgment day. The Member State which is a member of the International Monetary Fund, the national currency, in terms of the value of the SDR is calculated in accordance with the International Monetary Fund evaluation method used in that judgment day is valid in its operations and transactions. The Member State which is not a member of the International Monetary Fund, the value of the national currency, in terms of SDR is calculated in the manner stipulated by this country. 2. Nevertheless, those States which are not members of the International Monetary Fund and whose law does not permit the rules of article use instruments of ratification or accession, or at any time thereafter, declare that article 21 of the carrier's liability limit is set for 1 500 000 monetary units per passenger in judicial proceedings in their territories; 62 500 monetary units per passenger regardless of article 22, paragraph 1; 15 000 monetary units per passenger regardless of article 22, paragraph 2 and 250 monetary units per kilogram regardless of paragraph 3 of article 22. This monetary unit corresponds to 65.5 milligrams of gold purity of deviņsimt. This amount can be converted into the national currency concerned, they rounded up. This amount in national currency conversion in accordance with the laws of the country concerned. 3. paragraph 1 of this article in the last sentence of the calculations referred to in paragraph 2 of this article and the conversion method mentioned in such a way that the Member State in national currency, expressed as possible the same real value in article 21 and 22 amounts, as it comes from paragraph 1 of this article the first three sentences of rule application. Member States shall communicate to the depositary the manner of calculation, in accordance with paragraph 1 of this article, or the result of the conversion in paragraph 2 of this article when this Convention deposits an instrument of ratification, approval, acceptance or accession, and when one of them changes. Article 24 review of limits of liability 1. Apart from article 25 of this Convention, and subject to the provisions of paragraph 2 below, 21, 22 and 23 of the limits of liability prescribed in the depositary shall be re-examined every five years. The first such review shall take place at the end of the fifth year after the entry into force of this Convention the date or, if the Convention does not enter into force within five years from the date when it first open for signature, then during the first year after its entry into force by reference to an inflation factor which corresponds to the accumulated rate of inflation since the previous revision or since the date of the first case when the Convention entered into force. Inflation factors used in determining the inflation factor, the Mayor is the weighted average consumer price index annual growth or reduction factor in the countries whose currencies make up article 23, paragraph 1 of the SDR. 2. If the examination referred to in the preceding paragraph concludes that the inflation factor has exceeded 10 per cent, the depositary shall notify States parties of a revision of the limits of liability. Any such review shall enter into force six months after it has been notified to the Member States. If, within three months after notification to the Member States most Member States expressed their consent, then the review shall not enter into force, and the depositary shall refer the matter to the meeting of the Member States. Depositary shall immediately notify all States parties of any of the entry into force of the revision. 3. Notwithstanding paragraph 1 of this article, the procedure referred to in paragraph 2 must be applied every time one third of the Member States so wish, provided that (1) the inflation factor has exceeded 30 per cent since the previous revision or since the date of entry into force of the Convention, if the above review has taken place. Following the hearing, the application of this article, the procedure referred to in paragraph 1, happens to intervals of five years, starting with the end of the fifth year after the date of the examination in accordance with this paragraph. Article 25 of the conditions of the limits of liability the carrier may stipulate the condition that the contract of carriage is subject to higher limits of liability than those limits, which are laid down in this Convention, or that it is not subject to any limit of liability. Article 26 the Treaty provisions the invalidity of all the rules, which seek to exempt the carrier from liability or to fix a lower limit of liability than that which is laid down in this Convention, shall be void, but the nullity of any such provision does not involve the nullity of the whole contract, which is still subject to the provisions of this Convention. Article 27 freedom to contract nothing in this Convention shall prevent the carrier refuse to enter into any contract of carriage, to waive the right to any remedy available under this Convention or of the conditions which do not conflict with the provisions of this Convention. Article 28 advance payments in the event of aviation accidents, which resulted in the passengers being killed or injured, the carrier shall, if so requested by his national law, make advance payment without delay to a natural person or persons who are entitled to claim compensation in order to meet their immediate economic needs. Such advance payments made to the engagement of responsibility, and they may be credited to any amounts that the carrier paid as damages. Article 29 basis of claims for passenger, baggage and cargo transport all types of requirements to compensate for the damage, although as they are reasonable, whether under this Convention or by a contract or by tort, or otherwise, may be brought only in accordance with the rules and such limits of liability as set out in the present Convention, irrespective of the question of where is the person who has the right to claim and what are their respective rights. In any such action, the exemplary punitive, exemplary or any other non-compensatory damages are not achieved. Article 30 employees, agents; aggregation of claims 1. If the action is brought against the servants or agents of the carrier on the basis of the damages to which this Convention applies, and if such employee or agent proves that he acted within the framework of their work or duties, he has the right to use the same conditions and limits of liability which the carrier itself is entitled to invoke under this Convention. 2. in total, which in this case should be recovered from the carrier, its employees and agents shall not exceed these limits of liability. 3. except for the cargo, 1 and 2 of this article. the provisions of paragraph 1 shall not apply if it is proved that the loss which arose or the agent actions or negligence, has suffered with the intention to cause damage or injury suffered by the reckless and recognising that suffered damage. Article 31 timely notification of claims 1. If the person is entitled to the baggage or cargo delivery, it receives no claims, it is prima facie evidence that it has been delivered in good condition and in accordance with the document of carriage or registration that is stored with the paragraph 2 of article 3 and article 4 referred to in paragraph 2 to other means. 2. In case of damage to the person entitled to delivery must complain the carrier immediately after discovery of damage and not later than seven days after the date of receipt in the case of checked baggage and fourteen days after the date of receipt in the case of cargo. In the case of delay the complaint must be not later than twenty-one days after the date on which the baggage or cargo is in his or her possession. 3. Every complaint must be in writing and must be submitted or sent within the deadline mentioned above. 4. If the time limits referred to above have not brought a complaint, then against the carrier will not be required, except from his part in fraud prevention. Article 32 the persons responsible for the death of the person responsible in the event of death, the claim for damages is brought in accordance with the provisions of this Convention against those legally representing the property. Article 33 jurisdiction 1. Claim for compensation of damage to the roads in the territory of a Member State the option of the plaintiff, either before the Court of the domicile of the carrier or the base location of the business, or where it is a business, for which the contract has been concluded, or in the Court of the transport endpoint. 2. The requirement for the passenger's death or health damage as a result of the damages can be built in one of the courts referred to in paragraph 1 or, in the territory of the Member State in which the accident was a passenger at the time of the main and permanent place of residence and from which or to which the carrier of passenger air transport services either with your aircraft, or by other carrier aircraft under a commercial contract and that this carrier passenger air transport business from the premises that belong to the carrier or is it the space rental, lease or other carrier that has a commercial contract with that carrier. 3. paragraph 2 of this article, a) "commercial contract" means a contract other than a contract of Agency, and it is concluded between carriers and relating to the provision of their joint services for carriage of passengers by air; (b)) "principal and permanent residence" means the one fixed and permanent place of residence of the passenger aviation at the time of the accident. In this context, the passenger's nationality is not the determining factor. 4. questions of procedure shall be subject to the law of the Court responsible for this thing. Article 34 arbitration 1. Transfer in accordance with the provisions of this article, the parties to the contract of carriage may stipulate that any dispute relating to the liability of the carrier by the Convention must be addressed to the Tribunal. Such agreement shall be in writing. 2. Arbitration takes place at the discretion of the plaintiff in one of the jurisdiction specified in article 33. 3. The arbitrator or arbitration tribunal shall apply the provisions of this Convention. 4. This article 2 and paragraph 3 should be considered in every arbitration clause or agreement, and any part of this clause or agreement that it does not meet, is void. Article 35 limitation of requirements 1. Right to compensation of damage is removed if an action is not brought within two years from the date of arrival or from the date on which the aircraft had come in, or from the date of arrival, which haulage was stopped. 2. the method for calculating this period, shall be governed by the law of the Court responsible for this thing. Article 36 Successive carriage 1. If transport is carried out by several successive carriers, and it complies with article 1, paragraph 3 of the definition laid down in, each carrier who takes the passengers, baggage or cargo is subject to the rules laid down in this Convention, and he is to be regarded as one of the parties to the contract of carriage, to the extent that this agreement applies to that part of the journey carried out under its supervision. 2. this type of transport, a passenger or, in General, any person entitled to compensation in respect of themselves, can make claims only against the carrier who performed the carriage during which the accident or delay occurred, except when the agreement first carrier has taken over responsibility for the entire trip. 3. in the case of baggage or cargo, the passenger or consignor will have a right of action against the first carrier. The passenger or consignee who is entitled to delivery will have a right of action against the last carrier. In addition, each may bring a claim against the carrier who performed the carriage during which the destruction, loss happened, damaging or delays. These carriers will be jointly and severally liable to the passenger, shipper or consignee. Article 37 of recourse against third parties nothing in this Convention shall prejudice the question whether a person liable for compensation, in accordance with its provisions has a right to recourse against any other person. Chapter IV combined carriage article 38 combined carriage 1. Combined transport case, which shall be carried out partly by air and partly by any other mode of transport, the provisions of this Convention in accordance with article 18, paragraph 4, shall apply only to the carriage by air, provided that carriage by air classification corresponds to the provisions of article 1. 2. in the case of Combined transport, nothing in this Convention shall prevent States air transport document to include provisions relating to other modes of transport, on condition that the air in compliance with the provisions of this Convention. Chapter v air service by any person other than the contracting carrier-article 39 the contracting carrier actual carrier, the provisions of this chapter shall apply when any person (hereinafter referred to as "the contracting carrier") as the main responsible person in accordance with this Convention shall be concluded a contract of carriage with a passenger, shipper or person acting on behalf of the passenger or sender, but another person (hereinafter referred to as the "actual carrier") based on the carrier-the contracting authority , make all or part of the carriage of the shipment, but regardless of these parts is not a successive carrier within the meaning of this Convention. Such authorisation is taken, in the absence of evidence to the contrary. Article 40-the contracting carrier and the actual carrier's responsibility If an actual carrier performs the whole or part of carriage which, in accordance with article 39 of the Treaty, specified in the regulation of this Convention, then, unless this section provides otherwise, both the contracting carrier and the actual carrier shall be subject to the provisions of this Convention: first of all this in the contract for carriage, the latter only for the carriage which it performs. 41. Article 1 of the joint responsibility of the performing carrier and of its servants and agents acting within the framework of their work or duties, and negligence in connection with the actual carrier transport is also considered carrier-contracting actions and negligence. 2. the carrier-contracting and its employees and agents acting within the framework of their work or duties, and negligence in connection with the actual carrier transport is also considered in the actual operation of the carrier and negligence. However, no such action or negligence do not subject the actual carrier to liability exceeding the 21, 22, 23 and 24 above article. Any special agreement under which the carrier assumes obligations-the contracting that are not imposed by this Convention or any waiver of rights or defences conferred by this Convention or any special declaration of interest in delivery at destination, as referred to in article 22, does not affect the actual carrier unless he has not agreed to it. Article 42 addressee of Claims and instructions for any carrier the claims expressed or instructions, in accordance with this Convention shall have the same effect and then, if they adresētipārvadātāj-contractor, though — the actual carrier. However, the guidelines referred to in article 12 shall be valid only if they are addressed to the contracting carrier-. Article 43 servants and agents in relation to the carriage performed by the actual carrier which, for any carrier or carrier-an employee or agent of the contractor, if they prove that the Act of their work or duties, have the right to use the conditions and limits of liability which are applicable under this Convention to the carrier whose employees or agent they are, unless it is proved that they acted in a way that is not permitted to refer to the limits of liability under this Convention. Article 44 aggregation of Damages in relation to the carriage performed by the actual carrier, the carrier and the carrier from-, and from their contractor's employees and agents acting within the framework of their work or duties, the recoverable amount of the total does not exceed the highest amount which could be recovered either from the carrier or from the actual-the contracting carrier under this Convention, but none of these persons is not responsible for the amount exceeding the limit applicable to such persons. Article 45 addressee of claims in relation to the carriage performed by the actual carrier, compensation claims may be brought according to the plaintiff's choice either to the carrier, or -the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to participate in the proceedings, the procedure and the consequences of which is governed by the law of the Court responsible for this thing. Article 46 additional jurisdiction All featured in article 45 damages claims should be way at the discretion of the plaintiff in one of the territories of the Member States: either the Court that can bring a claim against the contracting carrier, as provided in article 33, or before the court having jurisdiction over the place where the actual carrier has its registered office or principal place of business. Article 47 treaty provisions the invalidity of Any provisions of the Treaty that may exempt the contracting carrier or the actual carrier of liability under this chapter or to fix a lower limit of liability than in accordance with this chapter, the applicable limit of liability is null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which is still subject to the provisions of this chapter. Article 48-the contracting carrier and the actual carrier relations except the conditions of article 45, nothing in this chapter shall affect carriers ' mutual rights and obligations, including the right to any recourse or refund. Chapter VI other provisions article 49 Mandatory application Any clause contained in the contract of carriage and all special before the breach of the agreements made by the parties declare that the limitation of the provisions of the Convention, either by deciding on applicable law, or by changing the rules on jurisdiction are void. Article 50 insurance Member States shall require their carriers to apply adequate insurance covering their liability under this Convention. The Member State in which the carrier may be required to provide evidence that he applies adequate insurance covering their liability under this Convention. Article 51 carriage performed in extraordinary circumstances of this Convention. 3-5, 7 and 8 of the rules relating to the documentation of carriage do not apply in the case of carriage performed in extraordinary circumstances, which differs from the ordinary business of the carrier. 52. Article day discovery used in this Convention the term "days" means calendar days rather than working days. Chapter VII final clauses article 53 signature, ratification and entry into force 1 this Convention. for signing the open in Montreal on 28 May 1999 the countries participating in the International Conference on air law, taking place in Montreal from 1999 until 28 May 10. After 28 May 1999, the Convention open for signature to all States of the international civil aviation Organization Headquarters in Montreal until it enters into force in accordance with paragraph 6 of this article. 2. Similarly, the Convention open for signature by regional economic integration organisations. For the purposes of this Convention, a "regional economic integration organisation" means any organisation which creates certain sovereign States of the region, which are separately regulated issues of this Convention and which has been duly authorised to sign and to ratify, approve, accept or accede to the Convention. The reference to "Member" or "Member States" in this Convention, except for article 1, paragraph 2, article 3, paragraph 1 (b)), article 5 (b)), 23, 33, article 46 and article 57 (b)), apply equally to a regional economic integration organization. for the purposes of article 24, the references to "a majority of Member States" and "one third" of the Member States does not apply to a regional economic integration organization. 3. This Convention shall be subject to ratification by States and by regional economic integration organisations which have signed it. 4. Any State or regional economic integration organisation which does not sign this Convention may accept, approve or accede to it at any time. 5. instruments of ratification, approval, acceptance or accession shall be deposited in the international civil aviation organization, which is hereby designated the depositary. 6. Those States which have deposited instruments of ratification, approval, acceptance or accession with the depositary, this Convention shall enter into force on the 60th day after the date of deposit of the 30th instrument with the depositary is such a tool. The meaning of this paragraph is not taken into account in the regional economic integration organization deposited the instrument. 7. for other States and for other regional economic integration organisations, this Convention shall enter into force on the sixtieth day following the deposit of instruments of ratification, acceptance, approval or accession following the date. 8. the depositary shall promptly notify all signatories and States parties of: (a) each signature of this Convention) and its date; b) each instrument of ratification, approval, acceptance or accession, the date of the deposit; (c)) the entry into force of this Convention; d) date on which the entry into force of this Convention, any changes in the liability limits; e) each denunciation under article 54. Article 54 denunciation 1. Any Member State may denounce this Convention by written notification to the depositary. 2. The denunciation shall take effect one hundred and eighty days after the date on which the notice is received by the Depositary. Article 55 relationship with other Warsaw Convention instruments of this Convention shall prevail over any rules which apply to international carriage by air: 1) between the Member States of the Convention, based on the fact that these countries are often the Member States shall: (a)), the Convention concerning international air transport the unification of certain rules, signed in Warsaw on 12 October 1929 (hereinafter referred to as the "Warsaw Convention"); (b)), to which the Protocol as amended in 1929 Warsaw, on 12 October signed the Convention concerning international air transport and the unification of certain rules which are adopted in the Hague on 28 September 1955 (hereinafter referred to as the "Hague Protocol"); (c)), which topped the Warsaw Convention, in the case of certain international air transport, if different from the contracting carrier, the person, the unification of certain rules, signed in Guadalajara on 18 September 1961 (hereinafter referred to as the "Guadalajara Convention"); d) Protocol to which the amended Convention concerning international air transport the unification of certain rules, signed in Warsaw on 12 October 1929 and amended by the Hague 1955 September 28 the Protocol drawn up and which is signed in Guatemala on 8 March 1971 (hereinafter referred to as the "Protocol of Guatemala"); (e) additional Protocol No 1) to 3 and Montreal Protocol No 4 to amend the Warsaw Convention which, as amended by the Hague Protocol or the Warsaw Convention as amended by both the Hague Protocol and the Guatemala Protocol, which was signed in 1975 in Montreal on September 25 (hereinafter referred to as the "Montreal Protocol"); or 2) any individual in the territory of the Member States of the Convention, based on the fact that this country is a member of one or more of the preceding subparagraphs (a) to (e)) specified) documents. Article 56 countries with more than one justice system 1. If a State has two or more territorial units in which in respect of this Convention the matters under consideration are applicable to various justice system, it may be the signing, ratification, approval, acceptance or accession, declare that at the time the Convention is applicable in all its territorial units or territorial only in one or more of them and may modify this declaration at any time by submitting another declaration. 2. Any such declaration is communicated to the depositary, and it clearly establishes the territorial units to which the Convention applies. 3. with regard to the Member State which has adopted the following declaration: (a) references in article 23) to "national currency" are explained so that they would apply to these national currency of the relevant territorial unit; and (b) of article 28) the reference to "national law" is explained so as to refer to the territorial unit within that State which is concerned. Article 57 reservations Of the Convention may not be expressed no objections, except that a member may at any time by a notification addressed to the depositary, declare that this Convention shall not apply to: (a) international carriage by air), conducted and managed directly by that Member State for non-commercial purposes related to them as sovereign State functions and responsibilities; and/or (b)) a person, cargo and baggage for its military transport governing body needs an aircraft that is registered in that Member State or in the lease by that Member State, and which the entire capacity is reserved for the following military authorities or on their behalf. In witness whereof the undersigned, duly authorized representatives, have signed this Convention. Signed in Montreal, one thousand nine hundred and ninety-nine of 28 may in Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic. This Convention was deposited with the international Civil Aviation Organisation archives and its authorized depositary copies sent to the Member States to this Convention, as well as the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol, and the Montreal Protocol Member States. _____ _____ _____ _____ _____ The Special Drawing Rights, special rights to borrow money from the International Monetary Fund