EXPOSE OF REASONS

In order to govern the civil liability of international air carriers, in the event of damage to passengers, their baggage and their goods on the occasion of international air transport, States had adopted the Convention From Warsaw, 1929. In view of the evolution of the international air transport sector and the inadequacy of the resulting rules, States have felt the need to refer to the baptismal font the Convention on the Unification of Certain Rules relating to the International air travel, signed at Montreal on May 28, 1999.

The aim of this Agreement is to address the many drawbacks caused by the diversity and inadequacy of international air transport legislation, to improve the compensation system for passengers, in particular But also to achieve a satisfactory balance between the needs and interests of all international civil aviation partners, states, passengers and carriers.

This Convention has the advantage of introducing the principle of unlimited civil liability of the air carrier in the event of personal injury. To this end, it provides for a system of double-level liability:

A first level of responsibility that is automatically compulsory, unless the victim's fault is proven.

A second level based on the presumption of fault of the carrier, without limitation of liability and by virtue of which the air carrier is required to compensate for the damage suffered, if it fails to prove that it has not committed Negligence.

Another favour is also known to passengers in the event of death in an accident. This is the one under which they will no longer have to prove the air carrier's fault in order to obtain full reparation for the damage suffered.

In addition, the Agreement provides for an early payment scheme in the event of accidents. First aid advance " To the benefit of the victims or their dependants. Actions in liability, in the event of death or of the personal connection of a passenger, may under certain conditions be instituted in the country where the passenger had his principal residence or permanent residence at the time of the accident.

In order to ensure compensation for the victims, the Montreal Convention imposed an obligation on international air carriers and proof of an insurance policy.

The Montreal Convention is called to co-exist with the Warsaw Convention, which will continue to govern international transport between the States Parties to the Montreal Convention and other states that have not yet ratified this new Convention. Convention.

The Convention has 107 States parties and entered into force on 04 November 2003.

Senegal, by expressing its consent to be bound by the Montreal Convention, contributes to the adaptation of the rules governing international air transport and the extension of their scope. Its ratification will, in particular, enable Senegalese, known for their mobility, to benefit from better protection and guarantee of their rights in international air transport and to no longer suffer from the disadvantages linked to the duality of Regimes established by both Conventions.


This is the economy of this Act.

The National Assembly adopted at its meeting on Thursday 25 June 2015,
The President of the Republic enacts the following legislation:

Sole Article. -The President of the Republic is authorized to ratify the Convention for the Unification of Certain Rules on International Air Transport, signed at Montreal, Canada, on May 28, 1999.

This Law shall be enforced as the law of the State.

Done at Dakar, July 6, 2015


Macky SALL.

By the President of the Republic:

The Prime Minister,
Mahammed Boun Abdallah DIONNE



CONVENTION FOR THE UNIFICATION OF CERTAIN RULES ON INTERNATIONAL AIR TRANSPORT

Conclue in Montreal May 28, 1999

The States Parties to this Convention, recognizing the important contribution of the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, hereinafter referred to as the " Warsaw Convention " And other instruments related to the harmonization of private international air law, recognizing the need to modernize and recast the Warsaw Convention and related instruments, recognizing the importance of ensuring protection The interests of consumers in international air transport and the need for fair compensation based on the principle of reparation, reaffirming the interest in ensuring the development of an orderly operation of air transport And a smooth flow of passengers, baggage and Goods, in accordance with the principles and objectives of the Convention on International Civil Aviation made in Chicago on 7 December 1944, convinced that the adoption of collective measures by States with a view to further harmonisation and Codifying certain rules governing international air transport is the best way to achieve a fair balance of interests,

Have agreed as follows:

Chapter I. -General

Article 1. -Scope of application

This Convention shall apply to any international carriage of persons, baggage or goods, carried out by aircraft for remuneration. It also applies to free transportation by an airline by air transport.

For the purposes of this Convention, the term international transport means any transport in which, according to the provisions of the parties, the point of departure and the point of destination, whether or not there is an interruption of transport or Shall be situated either on the territory of two States Parties or on the territory of a single State Party if a stopover is provided for in the territory of another State, even if that State is not a State Party. Transport without such a stopover between two points in the territory of a single State Party shall not be considered international within the meaning of this Convention.

3. The carriage to be carried out by several successive carriers shall be deemed to constitute for the application of this Convention a single transport where it has been considered by the parties as a single transaction, that it has been concluded in the form of Of a single contract or series of contracts, and it does not lose its international character by the fact that only one contract or a series of contracts must be executed in the territory of the same State.

4. This Convention shall also apply to the carriage referred to in Chapter V, subject to the provisions of this Chapter.

Article 2. -State transport and transport of postal items

This Convention shall apply to carriage by the State or other legal persons under public law, in accordance with the conditions laid down in Art. 1.

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

The provisions of this Convention other than those of s. 2 above do not apply to the carriage of mail items.

Chapter II. -Documents and obligations of the parties relating to the carriage of passengers, baggage and goods

Article 3. -Passengers and baggage

In the transport of passengers, an individual or collective title must be issued containing:

(a) indication of the points of departure and destination;
(b) if the points of departure and destination are situated in the territory of the same State Party and if one or more stopovers are provided for in the territory of another State, the indication of one of those stopovers.

2. The use of any other means of recording the indications contained in s. 1 may be a substitute for the issuance of the title of carriage referred to in that subsection. If such other means are used, the carrier will offer to issue to the passenger a written record of the particulars recorded in the document.

3. The carrier will issue to the passenger an identification sheet for a chapter item of checked baggage.

4. A written notice shall be given to the passenger stating that, where this Convention applies, it shall govern the liability of carriers in the event of death or injury, as well as in the event of destruction, loss or damage to luggage, or delay.

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

Article 4. -Goods

1. For the carriage of goods, an air waybill is issued.
2. The use of any other means finding the indications relating to the carriage to be carried out may be a substitute for the issue of the air waybill. If such other means are used, the carrier shall issue to the consignor, at the request of the latter, a receipt of goods for the identification of the shipment and access to the indications registered by those other means.

Article 5. -Content of the air waybill or the receipt of goods

The air waybill or the receipt of goods contains:

(a) indication of the points of departure and destination;
(b) if the points of departure and destination are situated in the territory of the same State Party and one or more stopovers are provided for in the territory of another State, the indication of one of those stopovers;
(c) a reference to the weight of the shipment.

Article 6. -Document on the nature of the goods

The consignor may be required to carry out the necessary customs, police and other public authorities to issue a document indicating the nature of the goods. This provision does not create for the carrier any duty, obligation or liability.


Article 7. -Description of the air waybill

1. The air waybill is established by the shipper in three original copies.
2. The first copy shall be marked " For the carrier " ; it is signed by the sender.

The second copy shall be marked " For the recipient " ; it is signed by the shipper and the carrier. The third copy is signed by the carrier and delivered by the carrier to the shipper after acceptance of the goods.

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

4. If, at the request of the shipper, the carrier establishes the air waybill, the air waybill is considered, until proven otherwise, as acting on behalf of the shipper.

Article 8. -Documents relating to several packages

When there are multiple packages:

(a) the carrier of the goods has the right to request the consignor to establish separate air waybills;
(b) the shipper has the right to apply to the carrier for the remission of the recepissed of separate goods, where the other means referred to in s. 2 of the art. 4 are used.

Article 9. -Non-compliance with the provisions on mandatory documents

Non-compliance with the provisions of s. 4 to 8 shall not affect the existence or validity of the contract of carriage, which shall be subject to the rules of this Convention, including those relating to limitation of liability.

Article 10. -Liability for indications in documents

1. The consignor shall be responsible for the accuracy of the particulars and declarations concerning the goods entered by him or his name in the air waybill, as well as those supplied and made by him or in his name to the carrier in To be inserted in the receipt of goods or for insertion in the data recorded by the other means provided for in par. 2 of the art. 4.

These provisions also apply to the case where the person acting on behalf of the shipper is also the carrier's agent.

(2) The consignor shall assume responsibility for any damage suffered by the carrier or any other person in respect of which the carrier's liability is incurred, due to incorrect indications and declarations, incorrect or Provided and made by or on behalf of the applicant.

Subject to the provisions of subs. 1 and 2 of this Article, the carrier is liable for any damage suffered by the shipper or by any other person in respect of whom the shipper's liability is incurred, due to indications and declarations Irregularly, inaccurate or incomplete inserted by him or in his name in the receipt of goods or in the data recorded by the other means provided for in par. 2 of the art. 4

Article 11. -Probative value of documents

1. The air waybill and the receipt of goods shall be authentic, until proven otherwise, by the conclusion of the contract, the receipt of the goods and the conditions of carriage contained therein.

2. The particulars of the air transport letter and of the receipt of goods, relating to the weight, size and packaging of the goods and to the number of packages, shall be authentic until proven otherwise; Quantity, volume and condition of the goods shall not be shown against the carrier only if the verification has been made by the carrier in the presence of the consignor, and found on the air waybill, or in the case of particulars relating to The apparent state of the goods.

Article 12. -Right to dispose of the goods

1. The consignor shall have the right, on the condition of carrying out all the obligations resulting from the contract of carriage, to dispose of the goods, either by withdrawing it at the airport of departure or destination, or by stopping it during the course of a Landing at the place of destination or in transit to a person other than the originally designated consignee, or by requesting his return to the airport of departure, provided that the exercise of that right does not Prejudice to the carrier or other shippers and with the obligation to reimburse the costs Result.

2. In the event that the performance of the shipper's instructions is not possible, the carrier must notify the carrier immediately.

3. If the carrier executes the instructions of disposition of the consignor, without requiring the production of the copy of the air waybill or the receipt of the goods issued to him, he shall be liable, except for his action against The shipper, the damage which may be caused by that fact to the person who is regularly in possession of the air waybill or the receipt of the goods.

4. The right of the consignor shall cease at the time when that of the addressee begins, in accordance with Art. 13.

However, if the consignee refuses the goods, or if the consignee cannot be reached, the sender takes over his right of disposition.

Article 13. -Delivery of the goods

1. Except where the shipper has exercised the right to hold s. 12, the consignee shall have the right, upon arrival of the goods at the point of destination, to ask the carrier to deliver the goods against the payment of the amount of the claims and against the execution of the conditions of carriage.

2. Unless otherwise agreed, the carrier shall notify the consignee upon arrival of the goods.

3. If the loss of the goods is recognised by the carrier or if, on expiry of a period of seven days after it should have arrived, the goods have not arrived, the consignee shall be entitled to submit to the carrier the Rights resulting from the contract of carriage.

Article 14. -Ability to assert the rights of the sender and the addressee

The shipper and the consignee may assert all the rights conferred on them by s. 12 and 13, each in its own name, whether it acts in its own interest or in the interests of others, provided that the obligations that the contract of carriage imposes are fulfilled.

Article 15. -Reports between the shipper and the recipient or reports between
Third parties

1. Art. 12, 13 and 14 shall not prejudice the relationship between the consignor and the addressee, nor the mutual relations of third parties whose rights come from the sender or the consignee.

2. Any clause derogating from the provisions of s. 12, 13 and 14 shall be entered in the air waybill or in the receipt of goods.

Article 16. -Customs, police or other public authorities

1. The consignor shall be required to provide the information and documents which, before the delivery of the goods to the consignee, are necessary for the completion of the customs, police or other public authorities. The consignor shall be liable to the carrier for any damage which may result from the absence, insufficiency or irregularity of such information and parts, except in the case of fault on the part of the carrier or its servants or Agents.

2. The carrier is not required to consider whether the information and documents are accurate or sufficient.

Chapter III. -Liability of the carrier and extent of compensation for damages

Article 17. -Death or injury suffered by the passenger-Damage to baggage

1. The carrier is liable for injury in the event of death or bodily injury suffered by a passenger, by this alone that the accident that caused the death or injury occurred on board the aircraft or in all operations Boarding or deplaning.

2. The carrier shall be liable for damage arising in the event of the destruction, loss or damage of checked baggage by this alone that the fact that caused the destruction, loss or damage occurred on board the aircraft or during any period During which the carrier had custody of the checked baggage. However, the carrier is not liable if and to the extent that the damage is due to the nature or defect of the baggage. In the case of unchecked baggage, including personal effects, the carrier is liable if the damage is due to its fault or that of its servants or agents.

3. If the carrier admits the loss of checked baggage or if the checked baggage has not arrived at the destination within twenty-one days after the date on which they should have arrived, the passenger is entitled to The carrier the rights arising out of the contract of carriage.

4. Subject to provisions contrary, in this Convention the term " Baggage " Means checked baggage as well as checked baggage.

Article 18. -Damage caused to the goods

1. The carrier is liable for the damage that occurred in the event of the destruction, loss or damage of the goods by that alone that the fact that caused the damage occurred during the air transport.

2. However, the carrier shall not be liable if it establishes, and to the extent that it establishes, that the destruction, loss or damage of the good results from one or more of the following:

(a) the nature or vice of the goods;
(b) defective packaging of the goods by a person other than the carrier or its servants or agents;
(c) a war or armed conflict;
(d) an act of the public authority carried out in connection with the entry, exit or transit of the goods.

3. Air transport within the meaning of s. 1 of this section, includes the period during which the goods are in the custody of the carrier.

4. The period of air transport shall not cover any land, sea or inland waterway carried out outside an airport. However, where such transport is carried out in the performance of the air transport contract for loading, delivery or transhipment, any damage shall be presumed, in the absence of proof to the contrary, to result from the fact that Air transport. If, without the consent of the shipper, the carrier replaces all or part of the transportation agreed to in the agreement between the parties as being transportation by air, by another mode of transportation, that transportation by air Other mode will be considered part of the air travel period.

Article 19. -Delay

The carrier is liable for damage resulting from a delay in the carriage of passengers, baggage or goods by air. However, the carrier is not liable for the damage caused by a delay if it proves that the carrier, its servants and agents have taken all reasonable measures to prevent injury, or that it was impossible for them to Take them.

Article 20. Exemption

In the event that the carrier demonstrates that the negligence or other harmful act or issue of the person seeking compensation or the person for whom it is entitled has caused or contributed to the damage, the carrier is exempt in all or In part of its liability to that person, to the extent that such negligence or other prejudicial act or omission has caused or contributed to the damage. Where an application for compensation is made by a person other than the passenger, due to the death or injury suffered by the passenger, the carrier is also exempt in whole or in part from its liability to the extent that it proves That the negligence or other prejudicial act or omission of that passenger has caused or contributed to the damage. This Article applies to all provisions of the Convention on liability, including by s. 1 of the art. 21.

Article 21. -Compensation for death or injury suffered by the passenger

1. For damages referred to in s. 1 of Art 17 and not exceeding 113,1001 special drawing rights per passenger, the carrier shall not exclude or limit its liability.

2. The carrier shall not be liable for any damages referred to in s. 1 of the art. 17 to the extent that they exceed 113,1002 special drawing rights per passenger, if it proves:

(a) the damage is not due to negligence or other prejudicial act or omission of the carrier, its servants or agents, or
(b) that such damage is solely the result of negligence or other prejudicial act or omission by a third party.

Article 22. -Limits of liability for delays, baggage and goods

1. In the case of damage suffered by passengers resulting from a delay, under s. 19, the carrier's liability is limited to the sum of 4694 special drawing rights per passenger.

2. In the carriage of luggage, the liability of the carrier in the event of destruction, loss, damage or delay shall be limited to the sum of 1131 special drawing rights per passenger, unless special declaration of interest to the delivery made by the Passenger at the time of delivery of checked baggage to the carrier and with the possible payment of an additional amount. In this case, the carrier will be required to pay up to the amount reported, unless it proves that it is superior to the passenger's actual interest in the delivery.

3. In the carriage of goods, the liability of the carrier, in the event of destruction, loss, damage or delay, shall be limited to the sum of 19 special drawing rights per kilogram, except special declaration of interest on delivery By the consignor at the time of delivery of the package to the carrier and with the payment of an additional amount. In this case, the carrier will be required to pay up to the amount reported, unless it proves that it is in excess of the shipper's actual interest in the delivery.

4. In the event of the destruction, loss, damage or delay of any part of the goods, or any object contained therein, only the total weight of the package (s) in question shall be taken into account in determining the limit of liability of the Carrier. However, where the destruction, loss, damage or delay of a part of the goods, or an object contained therein, affects the value of other packages covered by the same air waybill or by the same receipt or, in the absence thereof Of those documents, by the same indications recorded by the other means referred to in Art. 4, para. 2, the total weight of these packages must be taken into account in determining the limit of liability.

5. The provisions of s. 1 and 2 of this Article shall not apply if it is proved that the damage is the result of an act or omission of the carrier, of its
Servants or agents thereof, either with the intention of causing injury, or recklessly and with awareness that an injury will likely result, provided that, in the case of an act or omission of servants or agents, the The evidence is also provided that they acted in the performance of their duties.

6. The limits set by s. 21 and by this Article shall not have the effect of depriving the court of the right to further award, in accordance with its law, an amount corresponding to all or part of the costs and other costs of the proceedings incurred by the applicant, including interest. The previous provision shall not apply where the amount of the award, not including costs and other costs of litigation, does not exceed the amount that the carrier has offered in writing to the applicant within six months from the date of the Which caused the damage or before the commencement of the proceedings if it is later than that period.

Article 23. -Currency Conversion

1. The amounts specified in special drawing rights in this Convention shall be deemed to relate to the Special Drawing Right as defined by the International Monetary Fund. The conversion of these sums into national currencies shall, in the case of a judicial proceeding, be effected on the basis of the value of those currencies in the right of special drawing at the date of the judgment. The value, in the right of special drawing, of a national currency of a State Party which is a member of the International Monetary Fund shall be calculated according to the method of valuation applied by the International Monetary Fund at the date of judgment for its Own transactions and transactions. The value, in the special drawing right, of a national currency of a State Party which is not a member of the International Monetary Fund shall be calculated in the manner determined by that State.

2. However, States which are not members of the International Monetary Fund and whose legislation does not permit the application of the provisions of s. 1 of this section, may, at the time of ratification or accession, or at any time thereafter, declare that the carrier's limit of liability prescribed in s. 21 is fixed, in the judicial proceedings in their territory, to the sum of 1 500 000 monetary units per passenger; 62,500 currency units per passenger in respect of subs. 1 of the art. 22; 15,000 monetary units per passenger for subs. 2 of the art. 22; and 250 monetary units per kilogram for subs. 3 of Art. 22. This currency unit
Corresponds to sixty-five and a half milligrams of gold in the title of nine hundred thousandths of the end.

The amounts can be converted into the national currency concerned in round figures. The conversion of these amounts into national currency shall be carried out in accordance with the legislation of the State concerned.

3. The calculation mentioned in the last sentence of s. 1 of this section and the conversion referred to in s. 2 of this Article shall be carried out in such a way as to express in the national currency of the State Party the same real value, to the extent possible, for the amounts provided for in Art. 21 and 22, which would arise from the application of the first three sentences of s. 1 of this article.

States Parties shall communicate to the depositary their method of calculation in accordance with par. 1 of this section or the results of the conversion in accordance with subsection (1). 2 of this Article, as the case may be, at the time of deposit of their instrument of ratification, acceptance or approval of this Convention or of accession to this Convention and each time a change occurs in that method of calculation or in those Results.

Article 24. -Review of limits

1. Without prejudice to the provisions of Art. 25 of this Convention and subject to subs. 2 below, the limits of liability prescribed in s. 21, 22 and 23 shall be reviewed by the depositary every five years, the first revision occurring at the end of the fifth year following the date of entry into force of this Convention, or if the Convention does not enter into force within five years Following the date on which it is for the first time opened for signature, in the year of its entry into force, by applying a coefficient for inflation corresponding to the cumulative rate of inflation since the revision Or, in the case of a first revision, since the date of entry into force of the Convention.

The measure of the inflation rate to be used to determine the coefficient for inflation is the weighted average of the annual rates of the increase or decrease in the consumption price indices of states whose currencies make up the right of draw Special reference to subs. 1 of the art. 23.

2. If the revision referred to in the preceding paragraph concludes that the coefficient for inflation has exceeded 10 %, the depositary shall notify the States Parties of a review of the limits of liability. Any such revision shall take effect six months after its notification to the States Parties. If, within three months of such notification to the States Parties, a majority of the States Parties shall notify its disapproval, the revision shall not take effect and the depositary shall refer the matter to a meeting of the States Parties. The depositary shall immediately notify all States Parties of the entry into force of any revision.

3. Notwithstanding s. 1 of this article, the procedure referred to in par. 2 of this Article shall apply at any time, provided that one third of the States Parties express a wish to do so and provided that the coefficient for inflation referred to in subs. 1 is more than 30 % of what it was on the date of the previous revision or on the date of entry into force of this Convention if there has not been an earlier revision.

Subsequent revisions in accordance with the procedure described in par. 1 of this Article shall take effect every five years from the end of the fifth year following the date of the revision under this paragraph.

Article 25. -Stipulation of limits

A carrier may specify that the contract of carriage may set higher limits of liability than those provided for in this Convention, or may contain no limits of liability.

Article 26. -Invalidity of contractual provisions

Any clause tending to relieve the carrier of liability or to establish a lower limit than the one set out in this Convention shall be null and void, but the nullity of that clause shall not result in the nullity of the contract which Remain subject to the provisions of the Convention.

Article 27. -Freedom to contract

Nothing in the presence of the Convention shall prevent a carrier from refusing the conclusion of a contract of carriage, to renounce the means of defence granted to it under this Convention or to establish conditions which are not Conflict with the provisions of this Convention.

Article 28. -Advance payments

In the event of an aviation accident resulting in the death or injury of passengers, the carrier, if required by the legislation of its country, shall pay without delay advances to natural persons who are entitled to compensation to enable them to To meet their immediate economic needs. These advances do not constitute recognition of liability and may be deducted from the amounts subsequently paid by the carrier as compensation.

Article 29. -Principle of remedies

In the carriage of passengers, baggage and goods, any action for damages, in any way, under this Convention, by reason of a contract or an unlawful act or for any other cause, shall be carried out only Under the conditions and limits of liability provided for in this Convention, without prejudice to the determination of persons who have the right to act and their respective rights.

In any such action, punitive or exemplary damages or damage to a title other than compensation may not be obtained.

Article 30. -Prelaid, mandataires-Total amount of repair

(1) If an action is brought against an agent or agent of the carrier as a result of damage covered by this Convention, that person or agent, if he proves that he has acted in the performance of his duties, may avail himself of the The conditions and limits of liability that may be invoked by the carrier under this Convention.

(2) The total amount of the repair which, in this case, may be obtained from the carrier, its servants and its agents, shall not exceed those limits.

3. Except for the carriage of goods, the provisions of s. 1 and 2 of this Article shall not apply if it is proved that the damage is the result of an act or omission of the servant or the agent, made either with the intention of causing injury, or recklessly and with awareness that Will likely result.

Article 31. -Delays in protest

1. Receipt of checked baggage and non-protest goods by the consignee shall be deemed, in the absence of proof to the contrary, that the baggage and goods have been delivered in good condition and in accordance with the title of carriage or Indications recorded by other means referred to in s. 3, para. 2, and art. 4, para. 2.

2. In case of damage, the consignee shall address to the carrier a protest immediately after the discovery of the damage and, at the latest, within seven days for checked baggage and 14 days for the goods to date From their reception. In case of delay, the protest will have to be made no later than twenty-one days from the day on which the baggage or the goods have been made available.

3. Any protest shall be made by written reservation and shall be delivered or dispatched within the time limit set for this protest.

4. In the absence of a protest within the prescribed time limits, all actions against the carrier are inadmissible, except in the case of fraud of the carrier.

Article 32. -Death of the person responsible

In the event of the death of the person in charge, an action for liability shall be admissible, in accordance with the provisions of this Convention, against those who legally represent his or her succession.

Article 33. -Competent Jurisdiction

The action in respect of liability shall be brought, at the choice of the applicant, in the territory of one of the States parties, either before the court of the domicile of the carrier, the principal place of business or the place where he has an establishment by The care of which the contract was concluded or before the court of the place of destination
.
2. In the case of damage resulting from death or personal injury suffered by a passenger, the action in question may be brought before one of the courts mentioned in para. 1 of this Article or, having regard to the specificities of air transport, in the territory of a State Party where the passenger has his principal and permanent residence at the time of the accident and to which or from which the carrier operates Air transport services, either with its own aircraft or with the aircraft of another carrier under a trade agreement, and in which that carrier carries out its air transport operations from premises that itself or another Carrier with which it has a commercial agreement leased or owned.

3. For the purposes of s. 2:

(a) " Trade agreement " Means an agreement other than an agency agreement concluded between carriers relating to the provision of common air passenger services;

(b) " Principal and permanent residence " Means the single permanent and permanent place of stay of the passenger at the time of the accident. The nationality of the passenger will not be the determining factor in this regard.

4. The procedure shall be governed by the law of the court seised of the case.

Article 34. -Arbitration

Subject to the provisions of this Article, the parties to the contract of carriage of cargo may stipulate that any dispute concerning the liability of the carrier under this Convention shall be settled by arbitration. This agreement will be recorded in writing.

2. The arbitration procedure shall be conducted, at the choice of the applicant, in one of the places of jurisdiction of the courts provided for in Art. 33.

(3) The article or arbitral tribunal shall apply the provisions of this Convention.

4. The provisions of s. 2. And 3 of this Article shall be deemed to be part of any clause or arbitral agreement, and any provision contrary to such a clause or arbitral agreement shall be null and void.

Article 35. -Time limit for appeal

(1) The action for liability shall be brought, subject to forfeiture, within the period of two years from the date of arrival at destination, or from the day on which the aircraft should have arrived, or from the stoppage of carriage.

2. The method of calculating the time limit shall be determined by the law of the court seised.

Article 36. -Successive carriers

1. In cases of carriage governed by the definition of par. 3 of Art. 1, to be carried out by successive carriers, each carrier accepting passengers, baggage or goods shall be subject to the rules established by this Convention, and shall be deemed to be one of the parts of the contract of carriage, for As long as this contract relates to the part of the transport carried out under its control.

2. In the case of such carriage, the passenger or his successors in title will only be able to use against the carrier who carried out the transport in which the accident or delay occurred, except where, by express stipulation, the first Carrier will have responsibility for all travel.

3. In the case of baggage or goods, the passenger or consignor shall have recourse against the first carrier, and the consignee or passenger who has the right to issue against the latter, and both may, in addition, the Transporter who carried out the carriage in which the destruction, loss, damage or delay occurred. These carriers will be jointly and severally liable to the passenger, or the shipper or consignee.

Article 37. -Right of appeal against third parties

This Convention shall in no way prejudge the question whether the person held responsible under its provisions has or does not have recourse against any other person.

Chapter IV. -Intermodal transport

Article 38. -Intermodal transport

1. In the case of intermodal transport partly carried out by air and in part by any other means of transport, the provisions of this Convention shall not apply, subject to subs. 4 of Art. 18, air transport and whether air transport meets the requirements of art. 1.

2. Nothing in this Convention shall prevent the parties, in the case of intermodal transport, from inserting into the air transport title conditions relating to other modes of transport, provided that the provisions of this Convention Be respected with regard to air transport.

Chapter V. -Air transport by a person other than the contract carrier

Article 39. -Contract Carrier-Transporter of fact

The provisions of this Chapter shall apply when a person (hereinafter referred to as " Contract carrier ") Enters into a contract of carriage governed by this Convention with a passenger or consignor or with a person acting on behalf of the passenger or the shipper, and another person (hereinafter referred to as " Carrier of fact ") By virtue of an authorization given by the contract carrier, all or part of the carriage, but is not, in respect of that part, a successor carrier within the meaning of this Convention. This authorization is presumed, unless proven otherwise.

Article 40. -The respective liability of the contractual carrier and the common carrier

Except as otherwise provided in this Chapter, if a common carrier makes all or part of the carriage which, in accordance with the contract referred to in s. 39, is governed by this Convention, the contractual carrier and the common carrier shall be subject to the rules of this Convention, the first for the tone of the transport envisaged in the contract, the second only for transport That it performs.

Article 41. -Mutual attribution

(1) The acts and omissions of the common carrier or its servants and agents acting in the performance of their duties, relating to the carriage performed by the common carrier, shall be deemed also to be those of the contract carrier.

2. The acts and omissions of the contract carrier or its servants and agents acting in the performance of their duties, relating to the carriage carried out by the common carrier, shall be deemed also to be those of the de facto transport. However, none of its acts or omissions will be able to subject the carrier to liability in excess of the amounts set out in s. 21, 22, 23 and 24.

No special agreement under which the contractual carrier assumes obligations under this Convention, no waiver of rights or defences under this Convention or any special declaration Of interest in the delivery referred to in s. 22 of this Convention, shall have no effect in respect of the common carrier, except with the consent of the carrier.

Article 42. -Notification of orders and protests

The instructions or protests to be notified to the carrier, pursuant to this Convention, have the same effect as they are addressed to the contractual carrier or the common carrier. However, the instructions under s. 12 have effect only if they are addressed to the contract carrier.

Article 43. -Officers and agents

With regard to the transport carried out by the common carrier, any agent or agent of that carrier or of the contract carrier, if he proves that he has acted in the performance of his duties, may avail himself of the conditions and limitations Liability applicable under this Convention to the carrier of which he is the servant or agent, unless it is proved that he has acted in such a way that the limits of liability cannot be invoked in accordance with the Present Convention.

Article 44. -Accumulation of repair

With regard to the transport carried out by the common carrier, the total amount of the repair which may be obtained from that carrier, the contract carrier and their servants and agents when they have acted in the exercise of their May not exceed the highest compensation which may be charged either to the contract carrier or to the common carrier under this Convention, provided that none of the persons mentioned in this Convention Article cannot be held liable beyond the limit applicable to that person.

Article 45. -Notification of actions in liability

Any liability action, relating to the carriage by the carrier of fact, may be brought, at the option of the applicant, against that carrier or the contract carrier or against both, jointly or separately. If the action is brought against only one of those carriers, that carrier shall have the right to appeal to the other carrier before the court seised, the effects of that intervention and the procedure applicable to it Being regulated by the law of that court.

Article 46. -Legal Annex

Any liability, provided for in s. 45, must be carried, at the option of the applicant, in the territory of one of the States parties, or before one of the courts in which an action may be brought against the contract carrier, in accordance with Art. 33, either before the court of the domicile of the common carrier or the principal place of business of the carrier.

Article 47. -Invalidity of contractual provisions

Any clause tending to exonerate the contractual carrier or the carrier from liability under this Chapter or to establish a lower limit than the one set out in this Chapter shall be null and void, but The invalidity of this clause shall not entail the nullity of the contract which remains subject to the provisions of this Chapter.

Article 48. -Relationship between contract carrier and carrier of fact

Subject to Art. 45, nothing in this chapter shall be construed as affecting the rights and obligations existing between carriers, including all rights to a remedy or compensation.

Chapter VI. -Other provisions

Article 49. -Obligation to apply

Null and void all clauses of the contract of carriage and any special agreements prior to the damage by which the parties shall derogate from the rules of this Convention or by a determination of the applicable law, An amendment of the rules of jurisdiction.

Article 50. -Insurance

States Parties shall require their carriers to provide adequate insurance to cover their liability under this Convention. A carrier may be required, by the State Party to which it operates services, to furnish proof that it maintains sufficient insurance covering its liability under this Convention.

Article 51. -Carriage performed under extraordinary circumstances

The provisions of Art. 3 to 5, 7 and 8 relating to transport rights shall not apply to carriage carried out in extraordinary circumstances outside any normal operation of the operation of a carrier.

Article 52. -Definition of the term " Day "

When in the presence of the Convention it is a question of days, these are current days and not working days.

Chapter VII. -Protocol provisions

Article 53. -Signature, ratification and entry into force

The Convention is open in Montreal on May 28, 1999, at the signing of the States participating in the International Conference on Air Law, held in Montreal from 10 to 28 May 1999. After 28 May 1999, the Convention shall be open for signature by all States at the headquarters of the International Civil Aviation Organization in Montréal until it enters into force in accordance with par. 6 of this article.

2. Likewise, this Convention shall be open for signature by regional economic integration organizations. For the purposes of this Convention, a " Regional economic integration organization " Is an organisation consisting of sovereign States of a given region which has jurisdiction over certain matters governed by the Convention and which has been duly authorized to sign and ratify, accept, approve or accede to this Convention. Except to s. 2 of the art. 1, para. 1, para. (b) art. 3, para. (b) art. 5, art. 23, 33, 46 and para. (b) art. 57, any mention made of a " State Party " Or " Of States Parties " Also applies to regional economic integration organizations. For the application of s. 24, the statements made by a majority of the States Parties' And a "majority of the States Parties" And "one-third of the States Parties" Do not apply to regional economic integration organizations.

(3) This Convention shall be subject to the ratification of the States and the economic integration organizations which have signed it.

4. Any State or regional economic integration organization which does not sign this Convention may accept, approve or accede to it at any time.

The instruments of ratification of acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated as depositary.

(6) This Convention shall enter into force on the sixtieth day after the date of the deposit with the depositary of the thirtieth instrument of ratification, acceptance, approval or accession and between the States that have deposited such an instrument. The instruments deposited by regional economic integration organizations shall not be counted for the purposes of this paragraph.

7. For the other States and for other regional economic integration organizations, this Convention shall take effect sixty days after the date of the deposit of an instrument of ratification, acceptance, approval or accession.

8. The depositary shall promptly notify all signatories and all States Parties of:

(a) each signature of this Convention and its date;
(b) each deposit of an instrument of ratification, acceptance, approval or accession as well as its date;
(c) the date of entry into force of this Convention;
(d) the effective date of any revision of the limits of liability established under this Convention;
(e) any denunciation under s. 54.

Article 54. -Denunciation

1. Any State Party may denounce this Convention by written notification addressed to the depositary.

2. The denunciation shall take effect one hundred and eighty days after the date on which the depositary receives the notification.

Article 55. -Relationship to other instruments of the Warsaw Convention
This Convention shall prevail over all rules applying to international air transport:

1. Between States party to this Convention by the fact that these States are commonly party to the following instruments:

(a) Convention for the Unification of Certain Rules on International Air Transport, signed at Warsaw on 12 October 1929 (hereafter referred to as the Warsaw Convention);

(b) Protocol amending the Convention for the Unification of Certain International Air Transport Rules, 1 signed at Warsaw on 12 October 1929, done at The Hague on 28 September 1955 (hereinafter referred to as the Hague Protocol);

(c) Supplementary Convention to the Warsaw Convention, for the unification of certain rules relating to international air transport by a person other than contractual2, signed at Guadalajara on 18 September 1961 (called The Guadalajara Convention);

(d) Protocol amending the Convention for the Unification of Certain Rules Relating to International Air Transport signed at Warsaw on 12 October 1929 as amended by the Protocol made at The Hague on 28 September 1955, signed in Guatemala on 8 March 1971 (hereafter referred to as the Guatemala Protocol);

(e) Additional Protocols Nos. 1 to 33 and Montreal Protocol No. 4 amending the Warsaw Convention as amended by the Hague Protocol or by the Warsaw Convention as amended by the Hague Protocol and by the Protocol Guatemala, signed at Montreal on September 25, 1975 (hereinafter referred to as the Montreal Protocols); or

2. In the territory of any State Party to this Convention, the fact that that State is party to one or more of the instruments referred to in par. (a) to (c) above.

Article 56. -States with more than one legal regime

1. If a State has two or more territorial units in which different legal regimes apply to matters governed by this Convention, it may, at the time of signature, ratification, acceptance, Approval or accession, declare that the said Convention applies to all its territorial units or only to one or more of them and may at any time amend this declaration by submitting a new one.

2. Any such declaration shall be communicated to the depositary and shall expressly indicate the territorial units to which the Convention applies.

3. In the case of a State Party which has made such a declaration:

(a) references to s. 23, at " National currency " Shall be interpreted as meaning the currency of the relevant territorial unit of the said State;

(b) in art. 28, the reference to " National law " Shall be interpreted as relating to the law of the relevant territorial unit of that State.

Article 57. -Reservations

No reservation may be admitted to this Convention, except that a State Party may at any time declare, by notification addressed to the depositary, that this Convention does not apply:

(a) international air transport carried out and operated directly by that State for non-commercial purposes in relation to its functions and duties as a sovereign State;

(b) the carriage of persons, baggage and goods carried out for its military authorities on board aircraft registered in or leased by that State Party and whose entire capacity has been reserved by those authorities or on behalf of These.

In witness whereof, the undersigned plenipotentiaries, duly authorized, have signed this Convention

Done at Montréal on the 28th day of the month of May of the year thousand nine hundred and ninety-nine in the French, English, Arabic, Chinese and Russian languages, all texts being equally authentic. This Convention shall remain deposited in the archives of the International Civil Aviation Organization, and the depositary shall transmit certified copies thereof to all States party to the Warsaw Convention, to the Hague Protocol, to The Guadalajara Convention, the Guatemala Protocol and the Montreal Protocols.