Montreal Convention

Below is the complete text of the Montreal Convention, which limits liability in international air transport.

1. Notice to international travelers on regulations and general liability limitation...

...in accordance with the Montreal Convention.

A promotion in international air transport may be subject to the Montreal Convention, provided that, in accordance with the agreement of the parties, the point of departure and the point of destination are located in the territories of two contracting states. The Montreal Convention may also apply if the point of departure and the point of destination are located in the territory of only one Contracting State, but a stopover is planned in the territory of another State, even if that State is not a Contracting State.

The Montreal Convention governs the liability of the air carrier for death or bodily injury, for destruction, loss or damage to baggage, and for delay, and may limit such liability.

International air carriage may be subject to the Montreal Convention if, by agreement of the parties, the places of departure and destination are located in the territories of two contracting states. The Montreal Convention may also apply if the places of departure and destination are located in the territory of only one contracting state, but a stopover is scheduled in the territory of another state, even if that state is not a contracting state.

The Montreal Convention governs and may limit the liability of the air carrier for death or personal injury, for destruction, loss of or damage to baggage, and for delay.

2. Conditions of Contract for Carriage by Air

1. For the purposes of this contract, "ticket" means the ticket and baggage entitlement of which these conditions and notices are incorporated; "carrier" means any carrier carrying or undertaking to carry the passenger or his or her baggage under the above-mentioned ticket, or providing other services in connection with the carriage; "Montreal Convention" means the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on May 28, 1999.

2. Carriage under the ticket is subject to the liability rules of the Montreal Convention, unless such carriage is not "international carriage" within the meaning of that convention.

3. Otherwise, carriage and other services provided by the Carrier are subject to (I) the conditions contained in the Ticket, (II) the applicable tariffs, (III) the Conditions of Carriage and other regulations of the Carrier, which are an integral part of this Contract (and are available for inspection or request at the offices of the Carrier and the Tour Operator); for carriage to/from points in the USA or Canada, the tariffs applicable in those places apply.

4. The name of the Carrier may be abbreviated in the Ticket; the full or abbreviated name of the Carrier can be found in the Carrier's tariffs, conditions of carriage, other regulations or timetables. The address of the Carrier is the airport of departure shown in the Ticket next to the first abbreviated name of the Carrier. Agreed stopping points are those specified in the ticket or in the carrier's timetables as scheduled stopping points on the respective route. Carriage to be performed by several successive carriers under this ticket shall be considered a single carriage. 5. The carrier issuing a ticket for carriage on the services of another carrier acts only as an agent.

5. The air carrier issuing a ticket for carriage on the services of another air carrier acts only as an agent.

6. The exclusion or limitation of the air carrier's liability shall apply mutatis mutandis to the agents, employees, and representatives of the air carrier, as well as to any person whose aircraft is used by the carrier for carriage, including their agents, employees, and representatives.

7. Baggage checked for carriage shall be delivered to the ticket holder. Damage to baggage for international carriage must be reported to the air carrier in writing immediately upon discovery, but in any event no later than seven days after receipt, or in the event of a delay, 21 days after the baggage has been delivered. Damage to baggage for other carriage shall be subject to the relevant provisions in tariffs and conditions of carriage.

8. Each flight coupon entitles the passenger to carriage on the date and route for which a seat has been booked and, if necessary, reconfirmed in accordance with the tour operator's terms and conditions. The right to carriage is void if the booked flight is not taken.

9. The passenger must fulfill any travel formalities stipulated by the authorities, present any necessary arrival, entry, and other documents, and arrive at the airport at the time specified by the carrier or, if no time is specified, in sufficient time for check-in for the flight.

10. No agent, employee, or representative of the carrier is authorized to add to, modify, or cancel any of the provisions of this contract.

3. Notice of the extent of liability for damages in the event of death or personal injury

There are no limits on liability for the death or personal injury of passengers. For damages up to 100,000 Special Drawing Rights (SDRs) as defined by the International Monetary Fund (rounded amount in local currency), the air carrier cannot object to claims for damages. The air carrier may defend itself against claims exceeding this amount by proving that it acted neither negligently nor otherwise culpably.

4. Advance payments

If a passenger is killed or injured, the air carrier must make an advance payment to cover immediate economic needs within 15 days of identifying the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs. Additional coverage may be obtained by purchasing private insurance. Such insurance coverage is not affected by the air carrier's limitation of liability under the Montreal Convention or the aforementioned special agreements. Please contact your airline, insurance company, or tour operator for further information.

5. Notice of limitation of liability for delays of passengers and baggage

For damages caused by delay in the carriage of passengers, the air carrier's liability is limited to 4,150 SDR per passenger, unless the air carrier took all reasonable measures to avoid the damage, or taking such measures was impossible. The air carrier is liable for damages caused by delay in the carriage of baggage, unless it took all reasonable measures to avoid the damage, or taking such measures was impossible. Liability for damages caused by delay in the carriage of baggage is limited to 1,000 SDR. From May 17, 2005, rights may also arise under Regulation (EC) No. 261/04 of April 11, 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

6. Reference to limitation of liability for destruction, loss, or damage to baggage

The air carrier is liable for the destruction, loss, or damage to baggage up to a maximum of 1,000 SDRs. For checked baggage, liability is strict, unless the baggage was already damaged beforehand. For unchecked baggage, the air carrier is only liable for negligent conduct.

7. Higher liability limit for baggage

A higher liability limit applies if the passenger submits a special declaration at the latest upon check-in and pays a surcharge.

8. Liability of the contracting and actual carriers

If the actual carrier is not the same as the contracting carrier, the passenger may address his or her complaint or claim for damages to either carrier. If the name or code of an air carrier is shown on the ticket, that carrier is the contracting carrier. Some airlines do not accept liability for fragile, valuable, or perishable items. Further information can be obtained from the airlines or the tour operator.

9. Legal enforcement

Legal claims for damages must be filed within two years from the date of arrival of the aircraft or the date on which the aircraft should have arrived.

10. Entire text of the Montreal Convention

Convention for the unification of certain rules relating to international carriage by air
(This translation into German is based on a joint translation by the German-speaking member states of the European Union.)

The states parties to this convention, recognizing the significant contribution made to the harmonization of international private air law by 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 related agreements;

Recognizing the need to modernize and consolidate the Warsaw Convention and related agreements;

Recognizing the importance of protecting consumer interests in international carriage by air and of adequate compensation based on the principle of full compensation;

Reaffirming their desire for the orderly development of international air transport and the smooth carriage of passengers, baggage, and cargo in accordance with the principles and objectives of the Convention on International Civil Aviation, done at Chicago on 7 December 1944;

Convinced that joint action by states to further harmonize and codify certain rules relating to international carriage by air through a new convention is the best means of achieving a fair balance of interests,

Have agreed as follows:

CHAPTER I
General Provisions
Article 1 - Scope of application

1. This Convention applies to any international carriage of persons, baggage, or cargo performed by aircraft for remuneration. It also applies to carriage by aircraft performed free of charge when carried out by an air carrier.
2. For the purposes of this convention, "international carriage" means any carriage in which, according to the agreement of the parties, the places of departure and the places of destination, whether or not there is a break in the carriage or a change of vehicle, are situated in the territories of two contracting states or, if these places are situated in the territory of only one contracting state, but a stopping place is provided in the territory of another state, even if that state is not a contracting state. Carriage between two places within the territory of only one contracting state without a stopping place in the territory of another state shall not be considered international carriage for the purposes of this convention.
3. Where a carriage is to be performed by several successive carriers, it shall, for the purposes of this convention, be considered as a single carriage, whether the contract of carriage is made in the form of a single contract or a series of contracts, provided that it has been agreed by the parties to be a single operation; such carriage shall not lose its character of international carriage by reason of the fact that one contract or series of contracts is to be performed entirely in the territory of the same State.
4. This Convention shall also apply to carriage under Chapter V, subject to the conditions contained therein.

Article 2 - Carriage performed by a state and carriage of postal items

1. This Convention shall also apply to carriage performed by a state or any other legal entity governed by public law, provided that the conditions laid down in Article 1 are met.
2. In the carriage of postal items, the carrier's liability shall be limited to the competent postal administration, in accordance with the provisions applicable to relations between carriers and postal administrations.
3. Except as provided for in paragraph 2, this convention shall not apply to the carriage of postal items.

Chapter II
Documents and obligations of the parties concerning the carriage of passengers, baggage, and cargo
Article 3 - Passengers and baggage

1. For the carriage of passengers, an individual or collective ticket shall be issued; it shall contain:
a) the points of departure and destination;
b) if the points of departure and destination are within the territory of the same contracting state, but one or more stopping places are provided for in the territory of another state, the details of at least one of those stopping places.
2. Any other record containing the information referred to in paragraph 1 may be used instead of the ticket referred to in that paragraph. If such other records are used, the carrier must offer to give the passenger a written explanation of the information contained therein.
3. The carrier must give the passenger a baggage identification voucher for each piece of checked baggage.
4. The passenger shall be informed in writing that this convention, where applicable, governs and may limit the carrier's liability for death or personal injury, for destruction, loss of or damage to baggage, and for delay.
5. Failure to comply with paragraphs 1 to 4 shall not affect the existence or validity of the contract of carriage, which shall nevertheless be subject to the provisions of this convention, including those relating to limitation of liability.

Article 4 - Goods

1. For the carriage of goods, an air waybill must be issued.
2. Any other record containing the particulars of the carriage to be performed may be used instead of an air waybill. If such other records are used, the carrier must, at the consignor's request, issue to the consignor a cargo receipt enabling the shipment to be precisely identified and the information contained in those other records to be consulted.

Article 5 - Contents of the air waybill and cargo receipt

The air waybill and cargo receipt must contain:
a) the points of departure and destination;
b) if the points of departure and destination are within the territory of the same contracting state but one or more intermediate stops are provided for within the territory of another state, the details of at least one of those intermediate stops;
c) the weight of the shipment.

Article 6 - Information on the nature of the goods

If necessary, the shipper may be required to provide a document containing information on the nature of the goods in order to comply with the requirements of customs, police, or other authorities. This provision does not create any obligation, obligation, or liability for the air carrier.

Article 7 - Air waybill

1. The air waybill shall be issued by the consignor in triplicate.
2. The first copy shall be endorsed "for the carrier" and signed by the consignor. The second copy shall be endorsed "for the consignee" and signed by the consignor and the carrier. The third copy shall be signed by the carrier and delivered to the consignor after acceptance of the goods.
3. The signatures of the carrier and the consignor may be printed or replaced by a stamp.
4. If the air waybill is issued by the carrier at the consignor's request, the carrier shall be presumed, until proven otherwise, to have acted on behalf of the consignor.

Article 8 - Multiple consignments

If there are multiple consignments,
a) the carrier may require the consignor to issue separate air waybills
b) the consignor may require the carrier to provide individual receipts if other records within the meaning of Article 4, paragraph 2, are used.

Article 9 - Failure to comply with the provisions relating to transport documents

Failure to comply with Articles 4 to 8 shall not affect the existence or validity of the contract of carriage, which shall nevertheless be subject to the provisions of this convention, including those relating to limitation of liability.

Article 10 - Liability for information in documents

1. The consignor is liable for the accuracy of the information and declarations concerning the goods entered by him or on his behalf in the air waybill, as well as of the information or declarations made by him or on his behalf to the carrier for inclusion in the receipt for the goods or in the other records referred to in Article 4, paragraph 2. This shall apply even if the person acting on behalf of the consignor is also the carrier's agent.
2. The consignor shall compensate the carrier for any damage suffered by the carrier or by any third party to whom the carrier is liable as a result of the incorrect, inaccurate, or incomplete information and declarations made by the consignor or on his behalf.
3. Subject to paragraphs 1 and 2, the carrier shall compensate the consignor for any loss or damage caused to him or any third party to whom the consignor is liable as a result of the incorrect, inaccurate or incomplete information or declarations included by or on behalf of the carrier in the receipt for the goods or in the other records referred to in Article 4(2).

Article 11 - Evidential value of documents

1. The air waybill and the receipt for the goods shall establish a rebuttable presumption of the conclusion of the contract, the acceptance of the goods, and the conditions of carriage set out therein.
2. The particulars in the air waybill and the receipt for the goods concerning weight, dimensions, packaging, and the number of packages shall establish a rebuttable presumption of their accuracy; particulars concerning the quantity, volume, and condition of the goods shall establish this presumption vis-à-vis the carrier only to the extent that the carrier has verified these particulars in the presence of the consignor and this is noted on the air waybill or the receipt, or if they relate to the externally apparent condition of the goods.

Article 12 - Right of disposal of the goods

1. The consignor, provided he fulfills all his obligations under the contract of carriage, is entitled to dispose of the goods by returning them to him at the airport of departure or destination, detaining them en route during a landing, delivering them at the place of destination or en route to a person other than the originally designated consignee, or returning them to the airport of departure. This right may be exercised only to the extent that it does not cause damage to the carrier or the other consignors; the consignor is obliged to reimburse any expenses incurred in exercising this right.
2. If it is impossible to carry out the consignor's instructions, the carrier must notify him immediately.
3. If the carrier complies with the consignor's instructions without requiring the production of the copy of the air waybill or the receipt for the goods delivered to him, the carrier shall, without prejudice to its right of recourse against the consignor, be liable for any resulting loss to the lawful holder of the air waybill or the receipt for the goods.
4. The consignor's right shall cease to exist at the time the consignee's right arises under Article 13. However, it shall revive if the consignee refuses to accept the goods or cannot be contacted.

Article 13 - Delivery of the goods

1. Unless the consignor has exercised his right under Article 12, the consignee shall be entitled, upon arrival of the goods at the destination, to demand delivery of the goods from the carrier against payment of the amounts due and upon fulfillment of the conditions of carriage.
2. Unless otherwise agreed, the carrier shall notify the consignee of the arrival of the goods without delay.
3. If the carrier has acknowledged the loss of the goods, or if the goods have not arrived within seven days of the date on which they should have arrived, the consignee may assert his rights under the contract of carriage against the carrier.

Article 14 - Enforcement of the rights of the consignor and the consignee

The consignor and the consignee, whether acting for their own account or for the account of another, may assert in their own name the rights to which they are entitled under Articles 12 and 13, provided that they fulfill their obligations under the contract of carriage.

Article 15 - Legal relationships between the consignor and the consignee or third parties

1. The legal relationships between the consignor and the consignee, as well as the legal relationships of third parties deriving their rights from the consignor or the consignee, are not affected by Articles 12, 13 and 14.
2. Any agreement deviating from Articles 12, 13 and 14 must be recorded on the air waybill or on the receipt for the goods.

Article 16 - Regulations of customs, police, and other authorities

1. The consignor is obliged to provide all information and make available all documents necessary to comply with the regulations of customs, police, and other authorities before the goods are handed over to the consignee. The consignor is liable to the carrier for any loss or damage caused by the absence, incompleteness, or inaccuracy of such information and documents, unless the carrier or its agents are at fault.
2. The carrier is not obliged to verify the accuracy and completeness of such information and documents. Chapter III Liability of the Air Carrier and Extent of Compensation

Article 17 - Death and personal injury of passengers - damage to registered baggage

1. The carrier shall compensate for damage resulting from the death or personal injury of a passenger, but only if the accident causing the death or personal injury occurred on board the aircraft or during boarding or disembarkation.
2. The carrier shall compensate for damage resulting from destruction, loss, or damage to checked baggage, but only if the event causing the destruction, loss, or damage occurred on board the aircraft or during a period when the checked baggage was in the carrier's care. However, the carrier shall not be liable if and to the extent that the damage resulted from the nature of the baggage or from an inherent defect in it. In the case of unchecked baggage, including personal effects, the carrier is liable if the loss or damage is due to the carrier's fault or the fault of its servants and agents.
3. If the carrier has acknowledged the loss of checked baggage, or if the checked baggage has not arrived within 21 days of the date on which it should have arrived, the passenger may enforce against the carrier the rights arising from the contract of carriage.
4. Unless otherwise provided, the term "baggage" in this convention includes both checked and unchecked baggage.

Article 18 - Damage to goods

1. The carrier shall compensate for damage resulting from destruction, loss of, or damage to goods, but only if the event causing the damage occurred during the carriage by air.
2. However, the carrier shall not be liable if and to the extent that it proves that the destruction, loss of, or damage to the goods was caused by one or more of the following circumstances:
a) the nature of the goods or an inherent defect;
b) inadequate packaging of the goods by a person other than the carrier or its servants;
c) an act of war or armed conflict; d) an act of government in connection with the import, export, or transit of the goods.
3. Carriage by air, as defined in paragraph 1, includes the period during which the goods are in the care of the carrier.
4. The period of carriage by air does not include carriage by land, sea, or inland waterway outside an airport. However, if such carriage occurs during the performance of the contract of carriage by air for the purpose of loading, delivery, or transhipment, the damage shall be presumed, unless proven otherwise, to have been caused by an event occurring during the carriage by air. If an air carrier, without the consent of the consignor, replaces all or part of the carriage by air agreed upon by the parties with another type of carriage, the latter shall be deemed to have been performed within the period of carriage by air.

Article 19 - Delay

The air carrier shall compensate for damage resulting from delay in the carriage by air of passengers, baggage, or cargo. However, the carrier shall not be liable for damage caused by delay if the carrier proves that the carrier and its agents took all reasonable measures to avoid the damage or that it was impossible for the carrier or its agents to take such measures.

Article 20 - Exemption from liability

If the carrier proves that the person claiming compensation or his predecessor in title caused or contributed to the damage by a wrongful act or omission, even if only negligent, the carrier shall be wholly or partly exonerated from its liability to that person to the extent that such act or omission caused or contributed to the damage. If a person other than the passenger claims compensation for the passenger's death or personal injury, the carrier shall be wholly or partly exonerated from its liability to the extent that the carrier proves that a wrongful act or omission of the passenger, even if only negligent, caused or contributed to the damage. This Article applies to all liability provisions in this convention, including Article 21, paragraph 1.

Article 21 - Compensation for death of or personal injury to passengers

1. For damage referred to in Article 17, paragraph 1, which does not exceed 100,000 Special Drawing Rights per passenger, the liability of the carrier cannot be excluded or limited.
2. The carrier shall not be liable for damage referred to in Article 17, paragraph 1, insofar as it exceeds 100,000 Special Drawing Rights per passenger if it proves that:
a) such damage did not result from any wrongful act or omission of the carrier or its servants and agents, even if only negligent; or
b) such damage resulted exclusively from the wrongful act or omission of a third party, even if only negligent.

Article 22 - Limits of liability for delay, baggage, and cargo

1. For damages caused by delay as defined in Article 19, the carrier's liability for the carriage of passengers shall be limited to 4,150 Special Drawing Rights per passenger.
2. For the carriage of baggage, the carrier's liability for destruction, loss, damage, or delay shall be limited to 1,000 Special Drawing Rights per passenger; this limitation shall not apply if the passenger, when handing over the checked baggage to the carrier, has declared the amount of his interest in delivery at the destination and paid the required surcharge. In this case, the carrier shall compensate up to the amount declared, unless it proves that the amount exceeds the passenger's actual interest in delivery at the destination.
3. In the carriage of goods, the carrier's liability for destruction, loss, damage or delay shall not exceed 17 Special Drawing Rights per kilogram; this limitation shall not apply if the sender, when handing over the cargo to the carrier, has declared the amount of his interest in delivery at the destination and has paid the required surcharge. In this case, the carrier shall compensate up to the amount declared, unless it proves that this amount exceeds the sender's actual interest in delivery at the destination.
4. In the event of destruction, loss, damage or delay of part of the cargo or of any article contained therein, the carrier's liability shall be determined solely on the basis of the total weight of the cargoes involved. However, if the destruction, loss, damage or delay of part of the cargo or of any article contained therein affects the value of other packages shown on the same air waybill or receipt or, if none have been issued, on the other records referred to in Article 4, paragraph 2, the total weight of such packages shall be the determining factor in determining the amount of the carrier's liability.
5. Paragraphs 1 and 2 shall not apply if it is proved that the damage was caused by an act or omission of the carrier or its servants and agents done either with intent to cause damage or recklessly and with knowledge that damage was likely to result; in the case of an act or omission of their servants and agents, it must also be proved that they acted in the execution of their employment.
6. The limitations of liability laid down in Article 21 and in this article shall not prevent the court from awarding, in accordance with its law, an additional amount equal to all or part of the legal costs and other expenses incurred by the plaintiff in the action, including interest. This shall not apply if the damages awarded, without taking into account legal costs and other expenses incurred in the action, do not exceed the amount offered by the carrier in writing to the plaintiff within a period of six months from the event giving rise to the damage or, if the action was brought after the expiry of that period, before the action was brought.

Article 23 - Conversion of units of account

1. The amounts of special drawing rights specified in this convention shall refer to the special drawing right determined by the International Monetary Fund. The conversion of these amounts into national currencies shall, in the case of judicial proceedings, be based on the value of such currencies in special drawing rights at the time of the decision. The value, expressed in special drawing rights, of the national currency of a contracting state that is a member of the International Monetary Fund shall be calculated according to the method of valuation applied by the International Monetary Fund to its operations and transactions at the time of the decision. The value, expressed in special drawing rights, of the national currency of a contracting state that is not a member of the International Monetary Fund shall be calculated in a manner determined by that state.
2. Notwithstanding the foregoing, states which are not members of the International Monetary Fund and whose law does not permit the application of paragraph 1 may, at the time of ratification or accession or at any time thereafter, declare that the liability of the carrier in legal proceedings brought in their territory shall be limited, in the case referred to in Article 21, to 1,500,000 units of account per passenger; in the case referred to in Article 22, paragraph 1, to 62,500 units of account per passenger; in the case referred to in Article 22, paragraph 2, to 15,000 units of account per passenger; and in the case referred to in Article 22, paragraph 3, to 250 units of account per kilogram. One unit of account shall be equal to 65 1/2 milligrams of gold of 900/1000 fineness. These amounts may be converted into a rounded amount in the national currency. The conversion of the amounts into the national currency shall be effected in accordance with the law of the State concerned.
3. The calculation referred to in the fourth sentence of paragraph 1 and the conversion referred to in paragraph 2 shall be carried out in such a way that, as far as possible, the amounts in Articles 21 and 22 correspond to the same real value in the national currency of the contracting state as would result from the application of the first to third sentences of paragraph 1. The contracting states shall inform the depositary, when depositing their instrument of ratification, acceptance, approval or accession, of the method of calculation referred to in paragraph 1 or of the result of the conversion referred to in paragraph 2, as well as of any changes thereto.

Article 24 - Review of limits of liability

1. Without prejudice to Article 25 and subject to paragraph 2, the limits of liability under Articles 21, 22 and 23 shall be reviewed by the depositary every five years; the first review shall be made at the end of the fifth year following the entry into force of this convention or, if the convention does not enter into force within five years of the date on which it is first opened for signature, within the first year after its entry into force. The review shall be based on an inflation factor equal to the cumulative rate of inflation since the previous review or, in the first case, since the entry into force of the convention. The inflation rate to be used to determine the inflation factor shall be the weighted average of the annual rates of increase or decrease in the consumer price indices of the states whose currencies constitute the special drawing right referred to in Article 23, paragraph 1.
2. If the review referred to in paragraph 1 shows that the inflation factor exceeds 10 percent, the depositary shall notify the contracting states of the adjusted limits of liability. Each adjustment shall enter into force six months after its notification to the contracting states. If, within three months of the notification to the contracting states, a majority of the contracting states indicate their disapproval, the adjustment shall not enter into force; in that case, the depositary shall refer the matter to a meeting of the contracting states. The depositary shall promptly notify all contracting states of the entry into force of each adjustment.
3. Notwithstanding paragraph 1, the procedure referred to in paragraph 2 shall be applied at any time, at the request of one-third of the contracting states, if the inflation factor referred to in paragraph 1 has exceeded 30 percent since the previous review or, if no such review has taken place, since the entry into force of the convention. Subsequent reviews in accordance with the procedure described in paragraph 1 shall be made every five years, beginning at the end of the fifth year following a review under this paragraph.

Article 25 - Agreements on limits of liability

An air carrier may, in the contract of carriage, agree to limits of liability higher than those provided for in this convention, or waive such limits.

Article 26 - Invalidity of contractual terms

Any provision of the contract of carriage intended to exclude the liability of the carrier or to reduce the limit of liability provided for in this convention shall be void; its invalidity shall not render the entire contract void, which shall nevertheless be governed by this convention.

Article 27 - Freedom of contract

This convention shall not prevent the carrier from refusing to enter into a contract of carriage, from waiving any defenses available to it under the convention, or from imposing contractual terms not inconsistent with this convention.

Article 28 - Advance payments

Where aircraft accidents result in the death of or personal injury to passengers, the carrier shall, if required to do so under national law, promptly make advance payments to natural persons entitled to compensation to meet their immediate economic needs. These advance payments do not constitute an admission of liability and may be offset against subsequent compensation payments by the air carrier.

Article 29 - Principles of claims

In the carriage of passengers, baggage, and cargo, a claim for damages, whatever the cause of action, whether based on this convention, contract, tort, or any other legal theory, may be brought only under the conditions and subject to the limitations provided for in this convention; the question as to the persons entitled to bring an action and the rights of those persons are not affected. In such an action, any punitive, aggravated, or other non-compensatory damages shall be excluded.

Article 30 - Carrier's agents - Multiple claims

1. If an action is brought against one of the carrier's agents for damage covered by this convention, he may rely on the conditions and limitations of liability applicable to the carrier under this convention, provided he proves that he acted in the course of his employment.
2. The total amount payable by the carrier and its servants and agents in such a case shall not exceed the limits of liability mentioned above.
3. Paragraphs 1 and 2 shall not apply, except in the case of carriage of goods, if it is proved that the damage was caused by an act or omission on the part of the carrier's servants and agents, either done with intent to cause damage or recklessly and with knowledge that damage was likely to result.

Article 31 - Timely notification of damage

1. If the consignee unconditionally accepts checked baggage or cargo, this creates a rebuttable presumption that it has been delivered undamaged and in accordance with the carriage document or other records referred to in Article 3, paragraph 2, and Article 4, paragraph 2.
2. In the event of damage, the consignee must notify the carrier promptly upon discovery of the damage, and in any event within seven days of acceptance in the case of checked baggage and within fourteen days of acceptance in the case of cargo. In the case of delay, notification must be made within twenty-one days of the baggage or cargo being placed at the consignee's disposal.
3. Any complaint must be made in writing and delivered or sent within the time limit specified for that purpose.
4. Failure to observe the time limit for notification shall preclude any action against the carrier, unless the carrier has acted fraudulently.

Article 32 - Death of the person liable for damages

If the person liable for damages dies, the right to compensation under this convention may be enforced against his or her successors in title.

Article 33 - Jurisdiction

1. An action for damages must be brought in the territory of one of the contracting states, at the plaintiff's option, either in the court for the place where the carrier has his or her domicile, principal place of business, or agency through which the contract was made, or in the court for the place of destination.
2. An action for damages resulting from the death of or personal injury to a passenger may be brought in any of the courts referred to in paragraph 1 or in the territory of a contracting state in which the passenger had his or her habitual residence at the time of the accident and to or from which the carrier carries passengers by air as a business, either with its own aircraft or under a commercial arrangement with aircraft of another carrier, and in which the carrier carries on its business from premises leased or owned by the carrier or by another carrier with which it has a commercial arrangement.
3. For the purposes of paragraph 2:
a) "commercial arrangement" means a contract between air carriers for the provision of joint carriage services to passengers by air, other than a commercial agency contract;
b) "habitual residence" means the principal place of residence and habitual abode of the passenger at the time of the accident. The passenger's nationality is not decisive in this regard. 4. The procedure shall be governed by the law of the court seised.

Article 34 - Arbitration

1. The parties to the contract for the carriage of goods may, subject to the provisions of this Article, agree that any dispute concerning the carrier's liability under this Convention shall be settled by arbitration. Such an agreement shall be in writing.
2. The arbitration shall be conducted, at the option of the claimant, in one of the courts referred to in Article 33.
3. The arbitrator or arbitral tribunal shall apply this Convention.
4. Paragraphs 2 and 3 shall be deemed to be an integral part of any arbitration clause or agreement; any deviating provisions shall be void.

Article 35 - Limitation period

1. An action for damages may be brought only within a limitation period of two years, starting from the date on which the aircraft arrived at its destination, or should have arrived at it, or on which the carriage was interrupted.
2. The calculation of the limitation period shall be governed by the law of the court seised.

Article 36 - Successive carriage

1. Every carrier who accepts passengers, baggage, or cargo shall, in the case of carriage within the meaning of Article 1, paragraph 3, performed successively by several carriers, be subject to the provisions of this convention; he shall be deemed to be a party to the contract of carriage for that part of the carriage which is performed under his direction.
2. In such carriage, the passenger or other person entitled to claim damages may only bring an action against the carrier which performed the carriage in the course of which the accident or delay occurred, unless the first carrier has, by express agreement, assumed liability for the entire journey.
3. In the case of baggage or cargo, the passenger or consignor may bring an action against the first carrier; the passenger or consignee, who may claim delivery, may bring an action against the last carrier; and each of them may bring an action against the carrier which performed the carriage in the course of which the destruction, loss, damage, or delay occurred. These carriers shall be jointly and severally liable to the passenger, consignor, or consignee.

Article 37 - Right of recourse against third parties

This convention shall not affect the question whether the person liable under its provisions may have recourse against another person.

CHAPTER IV
Mixed Carriage
Article 38 - Mixed carriage

1. In the case of mixed carriage performed partly by aircraft and partly by other means of transport, this convention shall apply only to the carriage by air as defined in Article 1, subject to Article 18, paragraph 4.
2. In the case of mixed carriage, nothing in this convention shall prevent the parties from including in the contract of carriage by air conditions for carriage by other means of transport, provided that, with regard to the carriage by air, this convention is observed. Chapter V carriage by air by a person other than the contracting carrier

Article 39 - Contracting carrier - Actual carrier

This chapter shall apply where a person (hereinafter referred to as the "contracting carrier") has entered into a contract of carriage governed by this convention with a passenger or a consignor, or with a person acting for the passenger or the consignor, and another person (hereinafter referred to as the "actual carrier") is authorized, by agreement with the contracting carrier, to perform all or part of the carriage without that part being considered successive carriage within the meaning of this convention. Such authorization shall be presumed until proof to the contrary.

Article 40 - Liability of the contracting and actual carriers

Where an actual carrier performs all or part of the carriage which, under the contract of carriage referred to in Article 39, is subject to this convention, both the contracting carrier and the actual carrier shall, unless otherwise provided in this chapter, be subject to the provisions of this convention, the former for the whole of the carriage contemplated by the contract and the latter only for the carriage which it performs.

Article 41 - Mutual attribution

1. The acts and omissions of the actual carrier and its servants and agents, acting in the course of their employment, shall be deemed, with respect to the carriage performed by the actual carrier, to be those of the contracting carrier as well.
2. The acts and omissions of the contracting carrier and its servants and agents, acting in the course of their employment, shall be deemed, with respect to the carriage performed by the actual carrier, to be those of the actual carrier. However, such acts or omissions shall not subject the actual carrier to liability exceeding the amounts provided for in Articles 21, 22, 23, and 24. Any special agreement by which the contracting carrier assumes obligations not imposed by this convention, or any waiver of rights or defenses under this convention, or any indication of interest in delivery under Article 22, shall be effective against the actual carrier only with its consent.

Article 42 - Claims and instructions

Any claim or instruction required to be made to the carrier under this convention shall be effective whether addressed to the contracting carrier or to the actual carrier. However, instructions under Article 12 shall be effective only if addressed to the contracting carrier.

Article 43 - Carrier's servants and agents

To the extent that the actual carrier has performed the carriage, both its servants and the servants of the contracting carrier may, if they prove that they acted in the execution of their employment, rely on the conditions and limitations of liability applicable under this convention to the carrier of whose servants and agents they are; this shall not apply if it is proved that they acted in a manner which precludes reliance on the limitations of liability provided for in this convention.

Article 44 - Amount of total damages

To the extent that the actual carrier performed the carriage, the amount of damages payable by that carrier, the contracting carrier, and their servants and agents, acting in the course of their employment, shall not exceed the highest amount recoverable under this convention from the contracting or actual carrier; however, none of them shall be liable in excess of the maximum amount applicable to them.

Article 45 - Defendant

To the extent that the actual carrier performed the carriage, an action for damages may be brought, at the option of the plaintiff, against that carrier, the contracting carrier, or both, jointly or separately. If the action is brought against only one of these carriers, that carrier shall have the right to invite the other carrier to join the action; the legal effects and procedure shall be governed by the law of the court seised.

Article 46 - Additional jurisdiction

An action for damages under Article 45 may be brought only in the territory of one of the contracting states, at the plaintiff's option, either in one of the courts in which an action may be brought against the contracting carrier under Article 33 or in the court for the place where the actual carrier is domiciled or has its principal place of business.

Article 47 - Invalidity of contractual provisions

Any contractual provision which seeks to exclude the liability of the contracting or actual carrier under this chapter or to reduce the applicable limit of liability shall be null and void; its nullity shall not entail the nullity of the entire contract, which shall remain subject to the provisions of this chapter.

Article 48 - Relationship between contracting and actual carrier

This chapter, except for Article 45, shall not affect the rights and obligations of carriers between themselves, including rights of recourse or compensation.

CHAPTER VI
Other Provisions
Article 49 - Mandatory Law

Any provisions of the contract of carriage and any special agreement made before the loss or damage occurred, by which the parties derogate from this convention by determining the applicable law or by modifying the rules of jurisdiction, shall be null and void.

Article 50 - Insurance

Contracting states shall require their carriers to maintain adequate insurance to cover their liability under this convention. The contracting state into which a carrier performs carriage may require proof of adequate insurance to cover liability under this convention.

Article 51 - Carriage under extraordinary circumstances

The provisions of Articles 3 to 5, 7 and 8 concerning documents of carriage shall not apply to carriage performed under extraordinary circumstances and not in the ordinary course of air traffic.

Article 52 - Definition of "days"
For the purposes of this convention, "days" means calendar days, not working days.

CHAPTER VII
Final Provisions
Article 53 - Signature, Ratification and entry into force

1. This convention shall be open for signature at Montreal on 28 May 1999 by the States that participated in the International Conference on Air Law held at Montreal from 10 to 28 May 1999. After 28 May 1999, this convention shall be open for signature at the Headquarters of the International Civil Aviation Organization in Montreal by all states until it enters into force in accordance with paragraph 6.
2. This convention shall also be open for signature by regional economic integration organizations. For the purposes of this convention, a "regional economic integration organization" means an organization constituted by sovereign states of a given region, which has competence in respect of specific matters governed by this convention and is duly authorized to sign, ratify, accept, approve or accede to this convention. Any reference in this convention to a "Contracting State" or "Contracting States", except in Article 1, paragraph 2, Article 3, paragraph 1(b), Article 5, paragraph b, Articles 23, 33, and 46, and Article 57, paragraph b, shall apply equally to a regional economic integration organization. The references in Article 24 to "a majority of the contracting states" and "one-third of the contracting states" shall not apply to a regional economic integration organization.
3. This convention shall be subject to ratification by the states and regional economic integration organizations which have signed it.
4. States or regional economic integration organizations which do not sign this convention may accept, approve, or accede to it at any time.
5. Instruments of ratification, acceptance, approval, or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated as the depositary.
6. This convention shall enter into force on the sixtieth day after the date of deposit with the depositary of the thirtieth instrument of ratification, acceptance, approval or accession, between the states that have deposited such an instrument. An instrument deposited by a regional economic integration organization shall not be counted for this purpose.
7. For other states and for other regional economic integration organizations, this convention shall enter into force sixty days after the date of deposit of the instrument of ratification, acceptance, approval or accession.
8. The depositary shall promptly notify all signatories and states parties of:
a) each signature of this convention and the date thereof;
b) each deposit of an instrument of ratification, acceptance, approval or accession and the date of such deposit;
c) the date of entry into force of this convention;
d) the date on which any adjustment of the limits of liability made under this convention takes effect;
e) any denunciation under Article 54.

Article 54 - Denunciation

1. Any contracting state 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 of receipt of the notification by the depositary.

Article 55 - Relationship to other agreements related to the Warsaw Convention

This convention shall prevail over all provisions applicable to international carriage by air.
1. Between contracting states to this convention by reason of the fact that those states are jointly parties to the following agreements:
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 International Carriage by Air, signed at Warsaw on 12 October 1929, and done at The Hague on 28 September 1955 (hereinafter referred to as the "Hague Protocol");
c) Convention additional to the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air performed by a person other than the contracting carrier, signed at Guadalajara on 18 September 1961 (hereinafter referred to as 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 Hague Protocol of 28 September 1955, signed at Guatemala City on 8 March 1971 (hereinafter referred to as the "Guatemala City Protocol");
e) Additional protocols No. 1 to 3 and Montreal Protocol No. 4 amending the Warsaw Convention, as amended by the Hague Protocol, or the Warsaw Convention, as amended by the Hague Protocol and the Guatemala City Protocol, signed at Montreal on 25 September 1975 (hereinafter referred to as the “Montreal Protocols”), or
2. Within the territory of any State party to this convention by virtue of that state being a party to one or more of the agreements referred to in paragraph 1(a) to (e).

Article 56 - States with multiple legal systems

1. Where a state comprises two or more territorial units in which different systems of law are applicable to the matters governed by this convention, it may, at the time of signature, ratification, acceptance, approval or accession, declare that this convention shall extend to all its territorial units or only to one or more of them; it may at any time replace its declaration by a new declaration.
2. Declarations shall be notified to the depositary and must expressly state the territorial units to which the convention extends.
3. With respect to a contracting state that has made such a declaration,
a) references to "national currency" in Article 23 shall be understood as references to the currency of the relevant territorial unit of that state; and
b) references to "national law" in Article 28 shall be understood as references to the law of the relevant territorial unit of that state.

Article 57 - Reservations

No reservations may be made to this convention; however, a contracting state may at any time, by notification addressed to the depositary, declare that this convention shall not apply to
a) international air transport directly operated and conducted by that contracting state for non-commercial purposes in view of its functions and duties as a sovereign state;
b) the carriage of persons, cargo and baggage for its military services by aircraft registered in that contracting state or chartered by it and reserved exclusively for the use of those services. In witness whereof, the undersigned plenipotentiaries, being duly authorized thereto, have signed this convention. Done at Montreal this 28th day of May 1999, in Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. This convention shall be deposited in the archives of the International Civil Aviation Organization; certified true copies shall be transmitted by the depositary to all states parties to this convention and to all states parties to the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol and the Montreal Protocols.