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Act Act No. 2015-14 July 06, 2015 Act No. 2015-14 / 06 July 2015 authorising the President of the Republic to ratify the Convention for the unification of certain rules relating to international carriage by air, signed in Montreal (Canada), may 28, 1999.
STATEMENT of reasons concerned regulate the civil liability of international air carriers, for damage caused to passengers, their luggage and their wares at an international air transport, States had adopted the Warsaw Convention of 1929. Evolving international air transport sector-the inadequacy of the rules that have resulted, States have felt the need to wear the baptismal Convention on the unification of certain rules relating to international carriage by air, signed at Montreal, 28 May 1999.
This agreement has the objective of addressing the many disadvantages created by the diversity and the inadequacy of the legislation governing international air transport, to improve the system of compensation for passengers, including accident, but also to achieve a satisfactory balance between the needs and the interests of all partners in international civil aviation, States, passengers and carriers.
This Convention has the advantage of establishing the principle of unlimited liability of the carrier in the event of injury. Therefor, it provides for a system of responsibility to double level: A first level of responsibility which is automatically required, unless the fault of the victim is proved.
A second level based on the presumption of fault of the carrier, unlimited liability and under which the air carrier is required to repair his fault in the amount of the damage suffered, if he was unable to prove that he committed no negligence.
An another favor is also recognized to passengers in the event of death in an accident. Is the one under which they no longer have to prove the fault of the carrier to obtain full compensation for the damage suffered.
The agreement provides, in addition, in case of accidents, said pre-payment plan "Advance first aid" for the benefit of victims or their dependants. Liability, in the event of death or a passenger bodily link actions, may under certain conditions be brought in the country where he had his principal or permanent residence at the time of the accident.
In order to ensure compensation for victims, the Montreal Convention compels international air carriers the obligation and evidence of a subscription of insurance policy.
The Montreal Convention is called to coexist with the Warsaw Convention, which will continue to govern international transport between States Parties to the Montreal Convention and other States that have not yet ratified this new Convention.
The Convention 107 States parties and entered into force November 04, 2003.
Senegal, in expressing its consent to be bound to the Montreal Convention, contributes to the adaptation of the rules governing international carriage by air and the extension of their scope. Its ratification will allow mainly Senegalese, known for their mobility, to benefit from better protection and guarantee of their rights in international air transport and no longer suffer disadvantages related to the duality of regimes established by the two Conventions.
Such is the economy of this Act.
The National Assembly adopted in its session of Thursday, June 25, 2015, the President of the Republic enacts the law whose content follows: sole Article. -The President of the Republic is authorized to ratify the Convention for the unification of certain rules relating to international carriage by air, signed in Montreal (Canada), may 28, 1999.
This Act will be enforced as law of the State.
Made in Dakar, July 06, 2015 Macky SALL.
By the President of the Republic: Prime Minister Mahammed Boun Abdallah DIONNE CONVENTION for the UNIFICATION of certain rules relating to air TRANSPORT INTERNATIONAL concluded in Montreal on 28 May 1999, the States parties to the Convention, recognizing the important contribution of the Convention for the unification of certain rules relating to the transport international air, signed at Warsaw on 12 October 1929 hereinafter called the "Warsaw Convention" and other instruments related to the harmonization of international air law private, recognizing the need to modernize and consolidate the Warsaw Convention and related instruments, recognizing the importance of ensuring the protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of reparation, reaffirming the interest of ensuring the development of an operation ordered by international air transport and routing passengers smooth baggage and goods, in accordance with the principles and objectives of the Convention on international civil aviation done at Chicago on 7 December 1944, convinced that the adoption of collective measures by the States to further harmonise and codify certain rules governing international carriage by air is the best way to achieve an equitable interest balance, have agreed the following : Chapter i. - General Article 1. -Scope this Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies also to the free carriage by aircraft by an air transport undertaking.
Within the meaning of this Convention, the expression international carriage means any carriage in which, according to the stipulations of the parties, the point of departure and the point of destination, there is or non-interruption of transport or transhipment, are situated either on the territory of both States parties, either in the territory of a single State party if a stopover is planned on the territory of another State even if that State is not a State party. The transport without a such stopover between two points of the territory of a single State party is not considered to be international within the meaning of this Convention.
3. the carriage to be performed by several successive carriers is supposed to be for the purposes of this Convention a single transport where it was intended by the parties as a single operation, it has been concluded in the form of a single contract or a series of contracts, and it does not lose its international character by the fact that one contract or a series of contracts must be performed entirely in the territory of the same State.
4. the present Convention is applied also to transport referred to in chapter V, subject to the provisions of this chapter.
Section 2. -Carriage performed by the State and transport of postal items this Convention applies to carriage performed by the State or other legal persons governed by public law, in accordance with art. 1. in the carriage of postal items, the carrier is liable only to the competent postal administration in accordance with the rules applicable in the relationship between the carriers and the postal administrations.
The provisions of this Convention other than those of by. 2 above do not apply to the carriage of postal 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 passenger, a title of individual transport or collective shall be delivered containing: a) the indication of the places of departure and destination;
(b) if the points of departure and destination are located on the territory of a State party and if one or more agreed stopping places being within the territory of another State, an indication of one of these stops.
2. the use of any other means noting the indications contained in the by. 1 may be substituted for the issuing of the ticket referred to in this paragraph. If such other means is used, the carrier will offer to deliver to the passenger a written document noting the indications that there are logged.
3. the carrier will deliver to the passenger a plug for chapter article of baggage identification.
4. the passenger shall be given a written notice stating that where this Convention applies, it governs the liability of the carrier in case of death or injury as well as in the case of destruction, loss or damage of luggage, or delay.
5. non-observance of the provisions of the preceding paragraphs does affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.
Article 4. -Goods 1. For the carriage of goods, a waybill is issued.
2. the use of any other means noting indications related to the carriage to be performed may substitute for the issuance of the air waybill. If such other means are used, the carrier shall deliver to the sender, at the latter's request, a receipt for goods permitting identification of the consignment and access to the information by such other means.
Article 5 -Contents of air waybill or the receipt of goods the letter waybill or the receipt of goods contain:
(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 one such stopping place;
(c) the indication of the weight of the shipment).
Section 6. -Document on the nature of the goods the sender may be required to complete the formalities of customs, police and other public authorities to issue a document indicating the nature of the goods. This provision creates for the carrier no duty, obligation or liability.
Section 7. -Description of the air waybill 1. The waybill is established by the consignor in three original copies.
2. the first copy is marked "for the carrier"; It is signed by the shipper.
The second copy is marked "for the recipient"; It is signed by the shipper and the carrier. The third copy is signed by the carrier and handed by him to the sender after acceptance of the goods.
3. the signature of the carrier and that of the consignor may be printed or replaced by a stamp.
4. If, at the request of the consignor, the carrier makes air waybill, the latter is considered, until evidence to the contrary, as acting on behalf of the sender.
Section 8. (-Documentation for multiple packages when there is more than one package: a) the carrier of cargo has the right to require the sender to make out separate air waybills;
(b) the consignor has the right to ask the carrier delivery of receipts of goods separate, when the other means referred to the by. 2 of art. 4 are used.
Article 9 -Non-observance of the provisions relating to the compulsory documents non-observance of the provisions of the art. 4 to 8 shall affect neither the existence nor the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.
Section 10. -Responsibility for the information provided in documents 1. The sender is responsible for the accuracy of the particulars and statements relating to the goods listed by him or on his behalf in the letter of air transport, as well as those provided and made by him or on his behalf to the carrier to be inserted in the receipt of goods or for insertion in the data recorded by other means provided to the by. 2 of art. 4. these provisions shall apply also in the event that the person acting on behalf of the sender is also the agent of the carrier.
2. the shipper is responsible for any damage sustained by the carrier or any other person in respect of which the carrier is liable, because of indications and irregular, incorrect or incomplete statements provided and made by him or on his behalf.
3. subject to the provisions of by. 1 and 2 of this article, the carrier is responsible for all damage suffered by the sender or any other person with respect to which the sender is liable, because of indications and irregular, incorrect or incomplete statements inserted by him or on his behalf in the receipt of goods or in the data recorded by other means provided to the by. 2 of art. 4 article 11. -Probative value of documents 1. The air waybill and receipt of goods are prima facie evidence to the contrary, of the conclusion of the contract, the receipt of the goods and the conditions of carriage contained therein.
2. the particulars contained in the letter of air transport and the cargo receipt relating to the weight, dimensions and packing of the cargo and the number of packages, are prima facie evidence to the contrary; those relating to the quantity, volume and the condition of the goods do not constitute evidence against the carrier unless the verification was made by him in the presence of the sender, and observed on the air waybill, or whether particulars relating to the apparent condition of the goods.
Section 12. -Right to dispose of the goods 1. The sender has the right, on the condition to perform all obligations resulting from the contract of carriage, to dispose of the goods, or by withdrawing it at the airport of departure or destination, stopping along the way during landing, either by delivery at destination or en route to one person other than the consignee originally designated , is asking his return at the airport of departure, provided that the exercise of this right does not prejudice or to the carrier, or to other shippers and with the obligation to reimburse the costs that result.
2. where the execution of the instructions of the sender is impossible, the carrier must so inform immediately.
3. If the carrier runs the instructions available to the sender, without requiring the production of the copy of the waybill or the receipt for goods issued to it, it shall be liable, except its action against the sender of the harm that may be caused by this fact that is regularly in the possession of the waybill or the receipt of the goods.
4. the right of the sender stops where that of the consignee begins, pursuant to art. 13. However, if the consignee refuses the goods, or if he cannot be contacted, the consignor resumes its right of disposition.
Article 13. -Delivery of the goods 1. Except when the consignor has exercised the right he holds art. 12, the recipient is entitled, on arrival of the goods at destination, ask the carrier to deliver the goods against payment of the amount of claims and against the execution of the conditions of carriage.
2. unless otherwise agreed, the carrier shall notify the consignee on arrival of the goods.
3. If the loss of the goods is recognized by the carrier or if, on the expiry of a period of seven days after that it should happen, the goods has not arrived, the recipient is authorized to enforce against the carrier the rights resulting from the contract of carriage.
Section 14. -Possibility to enforce the rights of the sender and the recipient the sender and the recipient may enforce all rights granted to them respectively by the art. 12 and 13, each in its own name, whether it's in its own interest or in the interest of others, provided that they fulfil the obligations imposed by the contract of carriage.
Section 15. -Reports between the sender and the recipient or between third parties 1. The art. 12, 13 and 14 do not harm the relationship between the sender and the recipient, or mutual reports third parties whose rights come from the sender or the recipient.
2. any clause derogating from the provisions of the art. 12, 13 and 14 shall be entered in the waybill or the receipt of goods.
Section 16. -Formalities of customs, police or other public authorities 1. The sender is required to provide the information and documents which, before delivery of the goods to the recipient, are necessary for completing the formalities of customs, police or other public authorities. The consignor is liable to the carrier for any damage that could result the absence, insufficiency or irregularity of these information and parts, except in case of fault 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 damage Article 17. -Death or injury of passengers - damage to baggage 1. The carrier is liable 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 occurred on board the aircraft or during boarding or disembarkation operations.
2. the carrier is liable for damage sustained in case of destruction, loss or damage to baggage, by that alone that the fact which caused the destruction, loss or damage occurred on board the aircraft or during any period during which the carrier had custody of checked baggage. However, the carrier is not liable if and to the extent where the damage resulted from nature or vice of the baggage. In the case of unchecked baggage, including personal effects, the carrier is liable if the damage resulted from its fault or the fault of its servants or agents.
3. If the carrier admits the loss of the baggage or baggage did not arrive at destination within twenty-one days following the date to which they should have arrived, the passenger is allowed to enforce against the carrier the rights arising from the contract of carriage.
4. subject to contrary provisions in this Convention the term "baggage" means baggage as well as unchecked baggage.
Section 18. -Damage caused to the goods 1. The carrier is liable for damage sustained in case of destruction, loss or damage to the goods upon this alone that the fact causing the damage has occurred during air transport.
2. However, the carrier is not liable if it is established, and insofar as it proves that the destruction, loss or damage to the goods is the result of one or more of the following facts: a) the nature or vice of the goods;
b) defective packing of that cargo performed by one 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 goods.
3. air transport, within the meaning of by. 1 of this article comprises the period during which the goods is in the custody of the carrier.
4. the period of air transport covers no terrestrial, maritime transport or inland waterway performed outside an airport. However, when such transport is carried out in the execution of the contract of air carriage to loading, delivery or transhipment, any damage is presumed, unless evidence to the contrary, be the result of something that occurred during air transport. If, without the consent of the shipper, the carrier replaces in whole or partly transport agreed in the agreement between the parties as the carriage by air, by another mode of transport, this carriage by another mode will be considered as part of the period of air transport.
Section 19. -Delay the carrier is liable for damage resulting from delay in the carriage by air of passengers, baggage or goods. However, the carrier is not liable for damage caused by delay if it proves that he, his servants or agents took all measures that could reasonably be required to avoid the damage or that it was impossible to take.
Section 20. Exemption in the case where it's the proof that negligence or other act or issue detrimental to the person requesting repair or the person from whom it takes its rights has caused the damage or contributed, the carrier is exempt in whole or in part of its responsibility to that person, to the extent that such negligence or other act or omission has caused the damage or has contributed. When a claim is lodged by one person other than the passenger, due to the death or injury sustained by the latter, the carrier is also exempt wholly or partly from its liability to the extent that it proves that the negligence or other act or omission of that passenger caused the damage or contributed. This section applies to all the provisions of the Convention on liability, including the by. 1 of art. 21 article 21. -Compensation in case of death or injury of the passenger 1. For damage referred to the by. 1 of article 17 not exceeding 113 1001 special drawing rights per passenger, the carrier cannot exclude or limit its liability.
2. the carrier is not liable for any referred to the by. 1 of art. 17 to the extent where they exceed 113 1002 for special drawing rights per passenger, if he proves: a) that the damage is not due to the negligence or other act or omission of the carrier, its servants or agents, or b) these damages result solely from negligence or other act or omission of a third party.
Section 22. -Limits of liability relating to delays, baggage and goods 1. In case of damage suffered by passengers resulting from delay, pursuant to art. 19, the carrier's liability is limited to the sum of 4694 special drawing rights per passenger.
2. in the carriage of baggage, the liability of the carrier in case of destruction, loss, damage or delay is limited to the sum of 1131 special drawing rights per passenger, except special declaration of interest in delivery made by the passenger at the time of delivery of baggage to the carrier and the potential payment of an additional sum. In this case, the carrier will be required to pay up to a maximum of the declared sum, unless he proves that it is greater than the real interest of the passenger shipping.
3. in the carriage of goods, the liability of the carrier in case of destruction, loss, damage or delay is limited to the sum of 19 special drawing rights per kilogram, unless a special declaration of interest in delivery made by the sender at the time of delivery of the parcel to the carrier and on payment of an additional amount, if any. In this case, the carrier will be required to pay up to a maximum of the declared sum, unless he proves that it is greater than the real interest of the sender to the delivery.
4. in the case of destruction, loss, damage or delay of part of the goods, or any object that contained therein, only the total weight or package it is taken into consideration in determining the limit of liability of the carrier. However, when the destruction, loss, damage or delay of a part of the goods, or of an object that contained therein, affects the value of other packages covered by the same waybill or by the same receipt or, in the absence of these documents, by the same indications recorded by the other means referred to in art. 4, by. 2, the total weight of such packages must be taken into consideration in determining the limit of liability.
5. the provisions of by. 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 an act or omission or servants or agents proof is also provided that they have acted in the exercise of their functions.
6. the limits laid down by art. 21 and in this article have not prevent the Court from awarding, in accordance with its own law, in addition, the all or part of the court costs and other expenses of the litigation incurred by the plaintiff, including interest. The previous provision does not apply where the amount of compensation payable, excluding costs and other fresh trial, does not exceed the amount that the carrier has offered in writing to the applicant within a period of six months from the date of the fact which caused the damage, or before the introduction of the instance if it is later than this deadline.
Section 23. -Conversion of monetary units 1. The amounts shown in special drawing rights in the Convention are considered as referring to the law of special drawing as defined by the Monetary Fund international. The conversion of such amounts into national currencies will be carried out in the event of legal proceedings, depending on the value of these currencies in the date of the judgment special drawing rights. The value in special drawing right, of a national currency of a State party which is a member of the international monetary fund is calculated according to the method of valuation applied by the international monetary Fund on the date of the trial for its own operations and transactions. The value in special drawing right, of a national currency of a State party which is not a member of the international monetary fund is calculated in the manner determined by that State.
2. Nevertheless, States that are not members of the international monetary fund and whose law does not allow to apply the provisions of by. 1 of the present 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 art. 21 is attached, in judicial proceedings in their territory, to the sum of 1 500 000 monetary units per passenger; 62 500 monetary units per passenger for what concerns the by. 1 of art. 22; 15 000 monetary units per passenger for what concerns the by. 2 of art. 22; and 250 monetary units per kilogram with regard to the by. 3 of art. 22. this monetary unit corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred.
The sums may be converted into the national currency concerned in round figures. The conversion of such amounts into national currency will be carried out in accordance with the legislation of the State concerned.
3. the calculation mentioned in the last sentence of by. 1 of this article and the conversion mentioned in the by. 2 of the present article are carried out so as to express the same real value in national currency of the State party insofar as possible, to the amounts provided in the art. 21 and 22, than that which would result from the application of the first three sentences of by. 1 of this article.
States parties shall communicate to the Depositary their method of calculation in accordance with the by. 1 of this article or the results of the conversion in accordance with the by. 2 of this section, as applicable, upon the deposit of their instrument of ratification, acceptance or approval of this Convention or accession to it and whenever a change occurs in this method of calculation or in these results.
Section 24. — Review of limits
1. without prejudice to the provisions of art. 25 of the present Convention and subject of by. 2 below, the limits of liability prescribed in the art. 21, 22 and 23 are revised by the depositary every five years, the first revision involved 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, subject to the application of a coefficient for inflation for the cumulative rate of inflation since the previous revision or in the case of a first revision, since the date of entry into force of the convention.
The measurement of the rate of inflation to be used for determining the coefficient for inflation is the weighted average of the annual rates of increase or the decline of the indices of consumer prices of the States whose currencies comprise the special drawing right for cited to the by. 1 of art. 23 2. If the review referred to in the preceding paragraph concludes that coefficient for inflation has exceeded 10%, the depositary shall notify States parties of a revision of the limits of liability. Any thus adopted revision takes effect six months after its notification to the States parties. If, within three months following the notification to the States parties, a majority of States parties notify disapproval, the revision shall not take effect and the depositary shall refer the matter to a meeting of States parties. The depositary shall immediately notify all States parties the entry into force of any revision.
3. Notwithstanding the by. 1 of this article, the procedure referred to in the by. 2 of the present article is applicable at any time provided that one-third of the States parties expressed a wish in this sense and provided that the coefficient for inflation referred to the by. 1 is greater than 30% of what it was at the time of the previous revision or on the date of entry into force of this Convention if it had no previous revision.
Later revisions as described in the by. 1 of this article take place every five years from the end of the fifth year following the date of the revision in virtue of this paragraph.
Section 25. -Stipulation of limits a carrier may stipulate that the contract of carriage may establish limits of liability higher than those provided for in the Convention, or contain no limitation of liability.
Section 26. -Invalidity of contractual provisions any provision tending to exempt the carrier from liability or to establish a lower limit than that is fixed in this Convention shall be null and void, but the nullity of this clause does not the nullity of the contract that remains subject to the provisions of the Convention presence.
Section 27. -Freedom to contract nothing in the Convention presence cannot prevent a carrier to refuse the conclusion of a contract of carriage, to waive the defences that are given to it under this Convention or to establish conditions that are not in contradiction with the provisions of this Convention.
Section 28. -Advance payments in the case of aviation accident resulting in death or injury of passengers, the carrier, if it is required by the legislation of its country, will pay without delay of the advances to the persons who are entitled to compensation to enable them to meet their immediate economic needs. These advances do not constitute recognition of liability and may be deducted from amounts subsequently paid by the carrier as compensation.
Section 29. -Principle of the remedies in the transport of passengers, baggage and goods, any action in damages, in any capacity whatsoever, under this Convention, due to a contract or of an unlawful act or for other cause, cannot be exercised only under the conditions and limits of liability provided by the Convention, without prejudice to the determination of the people who have the right to act and their respective rights.
In any such action, it will not be able to obtain damages, punitive or exemplary damages or for damages to one title other than the repair.
Article 30. -Employees, agents-amount total repair 1. If an action is brought against a servant or agent of the carrier as a result of damage covered by this Convention, that officer or agent, if he proves that he acted in the exercise of its functions, may avail themselves of the conditions and limits of liability that may rely on the carrier under this Convention.
2. the total amount of reparation which, in this case, may be obtained from the carrier, its servants and agents, shall not exceed those limits.
3. except for the transport of goods, the provisions of by. 1 and 2 of this article do 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.
Section 31. -Protest time limits 1. Receipt of baggage and goods without protest by the consignee will be presumption, unless evidence to the contrary, that the baggage and goods have been delivered in good condition and in accordance with the document of carriage or to the indications reported by the other means referred to in art. 3, by. 2, and art. 4, by. 2 2. In the event of damage, the recipient must contact the carrier a protest immediately after the discovery of the damage and, at the latest, within a period of seven days for registered baggage and fourteen days for the goods from the date of their receipt. In case of delay, the protest must be made within twenty-one days from the date where baggage or goods will be placed at his disposal.
3. any protest must be made by reserve written and delivered or sent within the time limit for this protest.
4 the absence of protest in a timely manner, all actions against the carrier are inadmissible, except in case of fraud of it.
Section 32. -Death of the person in charge in the event of death of the person in charge, an action in tort is admissible, in accordance with the provisions of this Convention against those legally representing his estate.
Section 33. -Jurisdiction 1. The action must be brought, 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, headquarters of its operations or the place where has an establishment by the care which the contract was concluded, or in the courts of the place of destination.
2. as regards the damage resulting from the death or bodily injury suffered by a passenger, the action may be brought before one of the courts mentioned in the by. 1 of this section or, with regard to the specificities of air transport, in the territory of a State party where the passenger has his principal residence and permanent at the time of the accident and to which or from which the carrier operates air services, either with its own aircraft or aircraft from another carrier under a commercial agreement , and in which this carrier conducts its activities of air transport from premises that he or another carrier with which it has concluded a trade agreement leases or has.
3. for the purposes of by. 2: a) "commercial agreement" means one agreement other than an agency agreement between carriers and bearing on the delivery of common services for passenger air transport;
(b) "principal and permanent residence" means the unique place to stay fixed and permanent of the passenger at the time of the accident. The nationality of the passenger will not be the determinant in this regard.
4. the procedure will be governed by the law of the court seized of the case.
Section 34. -Arbitration 1. Subject to the provisions of this article, the parties to the contract of carriage for cargo may stipulate that any dispute relating to the liability of the carrier under this Convention shall be settled by arbitration. This agreement shall be reduced to writing.
2. the arbitration proceedings will take place, at the option of the applicant, in one of the places of jurisdiction of the courts provided for in art. 33 3. Article or the arbitral tribunal shall apply the provisions of this Convention.
4. the provisions of by. 2 and 3 of this article shall be deemed be part of any clause or of any arbitration agreement, and any provision contrary to such clause or to such arbitration agreement shall be null and void.
Section 35. -Time limit for appeal 1. The action must be brought under penalty of forfeiture, within the period of two years upon arrival at destination, or the day when the aircraft ought to have arrived, or from the transport stop.
2. the mode of calculating the time limit is determined by the law of the court seised.
Section 36. -Successive carriers 1. In the case of transport governed by the definition of by. 3 of art. 1, to be performed by various successive carriers, each carrier accepting passengers, baggage or goods is subject to the rules laid down by this Convention, and is supposed to be one of the parties of the contract of carriage, for as much as this agreement relates to the part of the carriage performed under its control.
2. in the case of such carriage, the passenger or his successors will not use only against the carrier which performed the carriage during which the accident or the delay occurred, except in the case where, by express stipulation, the first carrier will be assured the responsibility for the entire trip.
3 If baggage or cargo, the passenger or consignor will have recourse against the first carrier, and the recipient or the passenger who has the right to issue against the last, and one and the other can, in addition, the carrier which performed the carriage during which the destruction, loss, damage or delay occurred. These carriers will be jointly and severally liable to the passenger or sender or the recipient.
Section 37. -Right of recourse against third parties this agreement does not prejudice in any way the question of whether or not the person held liable under its provisions has appealed against any other person.
Chapter IV. -Transport intermodal Article 38. -Intermodal transport 1. In the case of intermodal carriage performed partly by air and partly by any other mode of transportation, the provisions of this Convention do not apply, subject of by. 4 of art. 18, to air transport and if it meets the requirements of art. 1 2. Nothing in this Convention shall prevent the parties in the case of intermodal transport, to insert in the title of air transport conditions relating to other modes of transport, provided that the provisions of the Convention are respected in what concerns the carriage by air.
Chapter V. - Carriage by air performed by one person other than the contracting carrier Article 39. -Contractual carrier - carrier as the provisions of this chapter apply when a person (hereinafter referred to as "contract carrier") concludes a contract of carriage governed by this Convention with a passenger or sender or with a person acting on behalf of the passenger or sender, and that another person (hereinafter referred to as "carrier of facts") performs, under an authorization by the contracting carrier all or part of the carriage, but is not, in relation to this part, a successive carrier within the meaning of this Convention. This authorisation is presumed, unless proved otherwise.
Article 40. -Responsibility respective of the contracting carrier and the actual carrier unless otherwise provided in this chapter, if a carrier actually performs all or part of the carriage which, in accordance with the contract referred to in art. 39, is governed by this Convention, the contracting carrier and the carrier actually are subject to the rules of this Convention, the former for the tone of the carriage contemplated in the contract, the second only for transport that it performs.
Section 41. -Mutual assignment 1. The acts and omissions of the actual carrier and of its servants and agents acting in the exercise of their functions, in relation to the carriage performed by the actual carrier, be deemed be also those of the contracting carrier.
2. the acts and omissions of the contracting carrier and of its servants and agents acting in the exercise of their functions, in relation to the carriage performed by the actual carrier, be deemed be also those of the de facto transport. However, none of his acts or omissions shall subject the actual carrier to liability exceeding the amounts provided in the art. 21, 22, 23 and 24.
Any special agreement under which the contracting carrier assumes obligations does not impose this Convention, no waiver of rights or means of defence provided for by this Convention or any special declaration of interest in delivery, referred to in art. 22 of this Convention, shall have no effect against the actual carrier, except with the consent of the latter.
Section 42. -Notification of orders and protests statements or protests to notify the carrier, pursuant to this Convention, have the same effect as they are addressed to the contracting carrier or the actual carrier. However, the instructions referred to in art. 12 have an effect only if they are addressed to the contracting carrier.
Section 43. -Servants and agents in relation to the carriage performed by the carrier in fact, any servant or agent of that carrier or the contracting carrier, if he proves that he acted in the exercise of its functions, may avail themselves of the conditions and the limits of applicable liability under this Convention to the carrier whose it is the servant or agent unless it is proved that he acted in such a way that the limits of liability may be invoked in accordance with this Convention.
Section 44. -Cumulation of reparation in relation to the carriage performed by the actual carrier, the total amount of repair which can be obtained that carrier and the contracting carrier, their servants and agents when they acted in the exercise of their functions, must not exceed the highest allowance which can be used to load either the contracting carrier , either from the carrier in fact, under this Convention, that none of the persons mentioned in this article may be held liable beyond the limit applicable to that person.
Section 45. -Notification of claims in relation to the carriage performed by the actual carrier, any action for liability may be brought, at the option of the plaintiff, against that carrier or the contracting carrier, or against one and another, together or separately. If the action is brought against only one of those carriers, such carrier shall have the right to call the other carrier to intervene before the court seised, the effects of this intervention and the procedure which applies to him, being governed by the law of that Court.
Section 46. -Court annex any action in liability, provided for in art. 45, must be brought, at the option of the plaintiff, in the territory of one of the States parties, either before one of the courts where action can be brought against the contracting carrier, in accordance with art. 33, or in the courts of the domicile of the actual carrier or the headquarters of his operation.
Section 47. -Invalidity of contractual provisions any provision tending to relieve the contracting carrier or the carrier of their liability pursuant to this chapter or to establish a lower limit than that is laid down in this chapter shall be null and void, but the nullity of this clause does not the nullity of the contract that remains subject to the provisions of this chapter.
Section 48. -Relationship between contractual carrier and actual carrier subject to art. 45, nothing in this chapter shall be construed as affecting the rights and obligations between carriers, including all rights to a remedy or compensation.
Chapter VI. -Other provisions Article 49. -Obligation for the application are null and void all clauses of the contract of carriage and all special agreements prior to the damage which the parties would derogate from the rules of this Convention or by a determination of the applicable law, or by an amendment to the rules of jurisdiction.
Article 50. -Insurance States parties shall require their carriers to contract adequate insurance to cover liability that their responsibility under the terms of this Convention. A carrier can be held, by the State party to which it operates services, to provide evidence that it maintains adequate insurance covering his liability in respect of this Convention.
Section 51. -Carriage performed in extraordinary circumstances the provisions of arts. 3 to 5, 7 and 8 relating to the tickets shall not apply to carriage performed in extraordinary circumstances outside any normal operation of the operation of a carrier.
Section 52. -Definition of the term "day" when in the Convention presence it is matter of days, it's common days, not working days.
Chapter VII. -Provisions Protocol Article 53. -Signature, ratification and entry into force 1. The Convention presence is open in Montreal on 28 May 1999, for signature by the States participating in the International Conference on air law, held in Montreal from 10 to 28 May 1999. After 28 May 1999, the Convention will be open for signature by all States at the headquarters of the Organization of civil aviation in Montreal until it enters into force in accordance with the by. 6 of this article.
2. Similarly, the Convention will be open for signature by regional economic integration organizations. For the purposes of this Convention, a "regional economic integration organization" is an organization composed of sovereign States of a given region which has competence 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 in the by. 2 of art. 1, to the by. 1, al. b), art. 3, at para. (b) of art. 5, to the art. 23, 33, 46 and al. (b) of art. 57, any reference to a "State party" or "States parties" shall also apply to regional economic integration organizations. For the purposes of art. 24, the references to a majority of the States parties "and a" majority of States parties "and"of one-third of the States parties"do not apply to regional economic integration organizations.
3. this Convention is subject to ratification by States and economic integration organizations which have signed it.
4. any State or regional economic integration organisation which does not sign this Convention may accept, approve or accede at any time.
5. instruments of ratification acceptance, approval or accession shall be deposited with the Organization of international civil aviation, which is referred to herein as depositary.
6 this Convention shall enter into force sixty days after the date of deposit with the depositary of the thirtieth instrument of ratification, of acceptance, approval or accession and between the States which have deposited such an instrument. The instruments deposited by regional economic integration organizations will not be counted for the purposes of this paragraph.
7. for other States and for other regional economic integration organisations, 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 to all signatories and all States parties: a) each signature of this Convention and its date;
(b) each deposit of an instrument of ratification, acceptance, approval or accession and the date;
(c) the date of entry into force of this Convention;
(d) the date of entry into force of any revision of the limits of liability established under this Convention;
(e) any denunciation in respect of art. 54 article 54. -Denunciation 1. Any State party may denounce the present Convention by written notification to the depositary.
2. the denunciation shall take effect one hundred and eighty days after the date on which the depositary has received the notification.
Article 55. (-Relationship with other Warsaw Convention instruments this Convention prevails over any rules that apply to the international carriage by air: 1. between States parties to this Convention because those States are commonly parties to the following instruments: a) 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);
b) Protocol amending the Convention for the unification of certain rules relating to the transport air international1 signed at Warsaw on 12 October 1929, done at the Hague on 28 September 1955 (hereinafter called the Hague Protocol);
(c) convention, supplementary to the Warsaw Convention, for the unification of certain rules relating to international carriage by air performed by one person other than the contractuel2 transport, signed at Guadalajara on 18 September 1961 (hereinafter called the Guadalajara Convention);
(d) Protocol amending 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 on 8 March 1971 (hereinafter called the Guatemala Protocol);
(e) additional protocols nos 1 to 33 and Montreal Protocol No. 4 to amend the Warsaw Convention as amended by the Protocol of the Hague or the Warsaw Convention as amended by the Protocol of the Hague and the Guatemala Protocol, signed at montreal on 25 September 1975 (called hereinafter the montreal protocols); or 2. in the territory of any State party to this Convention that that State is a party to one or more of the instruments listed in the al. a) to c) above.
Article 56. -States with more than one legal regime 1. If a State has two territorial units or more in which the different legal regimes apply to the matters governed by this Convention, it may, at the time of signature, ratification, acceptance, approval or accession, declare that this convention shall apply to all its territorial units or only to one or more of them and it can at any time to modify this declaration by submitting a new.
2. any such declaration shall be notified to the depositary and expressly specifies the units territorial to which the convention applies.
3. in the case of a State party which has made such a statement: a) the references to the art. 23 to "national currency" are interpreted as meaning the currency of the territorial unit relevant of that State;
(b) to art. 28, the reference to "national law" is interpreted as referring to the law of the territorial unit of the relevant State.
Section 57. (- Reservations no reservation may be admitted to this Convention that a State party may at any time declare by a notification addressed to the depositary that this Convention does not apply: a) international carriage by air performed and operated directly by that State to non-commercial purposes relating to its functions and duties of sovereign State;
(b) for the carriage of passengers, baggage and goods carried out for its military authorities on aircraft registered in or leased by that State party and which the entire ability has been reserved by these authorities or on behalf of these.
In witness whereof, the undersigned plenipotentiaries duly authorised, have signed this Convention makes in Montreal the 28th day of the month of may of the year 1000 nine hundred ninety-nine in the languages French, English, Arabic, Chinese Spanish and Russian, 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 to all the States parties to the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala Protocol, and the Montreal Protocols.
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