Article 5
Contents of the air waybill or cargo receipt

1. The air waybill or cargo receipt shall contain:
a) an indication of the points of departure and destination;
b) if the points of departure and destination are situated in the territory of one and the same State Party, but one or more agreed stopping places are situated in the territory of another State, an indication of at least one such stopping place;
c) an indication of the weight of the cargo dispatched.

Article 6
Document relating to the nature of the cargo

Where necessary in accordance with the procedures established by customs, law enforcement and similar public authorities, the consignor may be required to provide a document indicating the nature of the cargo. This provision shall not create for the carrier any duties, obligations or liability arising therefrom.

Article 7
Description of the air waybill

1. The air waybill is made out by the consignor in three original parts.
2. The first part shall be marked “for the carrier” and shall be signed by the consignor. The second part shall be marked “for the consignee” and shall be signed by the consignor and the carrier. The third part shall be signed by the carrier, who shall hand it to the consignor after the cargo has been accepted.
3. The signature of the carrier and that of the consignor may be printed or stamped.
4. If, at the request of the consignor, the air waybill is made out by the carrier, the carrier shall, until the contrary is proved, be regarded as having acted on behalf of the consignor.

Article 8
Documentation relating to several packages

Where there is more than one package:
a) the carrier of the cargo has the right to require the consignor to make out separate air waybills;
b) the consignor has the right to require the carrier to issue separate cargo receipts where the other means referred to in paragraph 2 of Article 4 are used.

Article 9
Non-compliance with documentary requirements

Non-compliance with the provisions of Articles 4 to 8 shall not 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 10
Liability in respect of particulars in the documentation

1. The consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts or which are inserted on his behalf in the air waybill or which he furnishes or which are furnished on his behalf to the carrier for insertion in the cargo receipt or for inclusion in the record preserved by other means as provided in paragraph 2 of Article 4. The foregoing shall also apply where the person acting on behalf of the consignor is also the agent of the carrier.
2. The consignor shall be liable to the carrier for any damage suffered by him or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars or statements furnished by the consignor or on his behalf.
3. Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall be liable to the consignor for any damage suffered by him or by any other person to whom the consignor is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars or statements inserted by the carrier or on his behalf in the cargo receipt or in the record preserved by other means as provided in paragraph 2 of Article 4.

Article 11
Evidentiary value of the documentation

1. An air waybill or cargo receipt is, until proven otherwise, sufficient evidence of the conclusion of the contract, acceptance of the cargo, and the conditions of carriage specified therein.
2. Any information in the air waybill or cargo receipt about the weight, dimensions, and packaging of the cargo, as well as the number of packages, is, until proven otherwise, sufficient evidence of the reported data; data on the quantity, volume, and condition of the cargo is not evidence against the carrier, except in cases where the carrier has verified this data in the presence of the consignor with a note to that effect in the air waybill or cargo receipt, or where the data concerns the apparent condition of the cargo.

Article 12
Right to dispose of the cargo

1. The consignor has the right, provided that all obligations arising from the contract of carriage are fulfilled, to dispose of the cargo by withdrawing it at the airport of departure or destination, by stopping it in the course of carriage at any point of landing, by giving instructions for its delivery at the destination or in the course of carriage to a person other than the originally designated consignee, or by requiring the return of the cargo to the airport of departure. The consignor must not exercise the right to dispose of the cargo to the detriment of the carrier or other consignors and is obliged to reimburse all expenses arising from the exercise of this right.
2. If it is impossible to carry out the consignor’s instructions, the carrier is obliged to notify the consignor thereof immediately.
3. If the carrier carries out the consignor’s instructions regarding the disposal of the cargo without requiring the presentation of the copy of the air waybill or cargo receipt issued to the consignor, the carrier thereby assumes, while retaining the right of recourse against the consignor, liability for any damage that may be caused in connection therewith to any person who lawfully holds this copy of the air waybill or cargo receipt.
4. The consignor’s right to dispose of the cargo terminates at the moment when, in accordance with Article 13, the consignee’s right arises. However, if the consignee refuses to accept the cargo or cannot be contacted, the consignor again acquires the right of disposal.

Articles 13
Delivery of cargo

1. Except in cases where the consignor has exercised the right in accordance with Article 12, the consignee has the right to require the carrier, from the moment the cargo arrives at the destination, to deliver the cargo to the consignee after payment of the charges due and fulfillment of the conditions of carriage.
2. Unless otherwise agreed, the carrier is obliged to notify the consignee immediately of the arrival of the cargo.
3. If the carrier acknowledges the loss of the cargo or if the cargo has not arrived after the expiration of seven days from the day on which it should have arrived, the consignee has the right to apply against the carrier the sanctions arising from the contract of carriage.

Article 14
Exercise of the rights of the consignor and consignee

The consignor and the consignee may respectively exercise all the rights conferred on them by Articles 12 and 13, each in his own name, whether he is acting in his own interests or in the interests of another person, but subject to the performance of the obligations arising from the contract of carriage.

Article 15
Relations between the consignor and
the consignee or relations between third parties

1. Articles 12, 13 and 14 do not affect either the relations between the consignor and the consignee or the relations between third parties whose rights are derived from the rights of the consignor or the consignee.
2. Provisions other than those specified in Articles 12, 13 and 14 must be included in the air waybill or the cargo receipt.

Article 16
Requirements established by customs, law enforcement
or other public authorities

1. The consignor must furnish such information and documents as are necessary to meet the requirements established by customs, law enforcement or other public authorities before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, except where the damage was caused by the fault of the carrier, its servants or agents.
2. The carrier is under no obligation to check the accuracy or sufficiency of such information or documents.

Chapter III
Liability of the carrier
and the extent of compensation for damage

Article 17
Death and bodily injury of passengers.
Damage to baggage

1. The carrier is liable for damage sustained in the event of the death or bodily injury of a passenger only if the event which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking the passenger.
2. The carrier is liable for damage sustained in the event of the destruction, loss or damage to registered baggage only if the event which caused the destruction, loss or damage to the baggage took place on board the aircraft or while the carrier was responsible for the safekeeping of the registered baggage. However, the carrier is not liable for damage to baggage resulting from its defect, qualities or vice. With respect to unregistered baggage, including personal effects of the passenger, the carrier is liable if the damage was caused by its fault or by the fault of its servants or agents.
3. If the carrier admits the loss of registered baggage or if the registered baggage has not arrived upon the expiration of twenty-one days from the date on which it ought to have arrived, the passenger may enforce against the carrier the rights arising from the contract of carriage.
4. In this Convention, the term “baggage”, unless otherwise provided, means both registered and unregistered baggage.

Article 18
Damage to cargo

1. The carrier is liable for damage sustained in the event of the destruction, loss of, or damage to cargo, only on condition that the occurrence which caused such damage took place during air carriage.
2. However, the carrier is not liable if and to the extent that it proves that the destruction, loss of, or damage to cargo was caused by one or more of the following circumstances:
a) an inherent defect, quality, or vice of the cargo;
b) improper packing of the cargo by a person other than the carrier, its servants, or agents;
c) an act of war or armed conflict;
d) an act of a public authority in connection with the import, export, or transit of the cargo.
3. Air carriage in the context of paragraph 1 of this Article covers the period during which the cargo is in the charge of the carrier.
4. The period of air carriage does not cover any period of carriage by land, by sea, or by inland waterway performed outside an airport. However, if such carriage is performed in the performance of a contract of air carriage for the purpose of loading, delivery, or transshipment of the cargo, any damage is presumed, unless proven otherwise, to have resulted from an occurrence which took place during the air carriage. If the carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the carriage which, by agreement between the parties, was to be performed by air, in whole or in part, such carriage by another mode of transport is deemed to be carriage performed during the period of air carriage.

Article 19
Delay

The carrier is liable for damage sustained in the event of delay in the air carriage of passengers, baggage, or cargo. However, the carrier is not liable for damage sustained in the event of delay if it proves that it, its servants, and agents took all measures that could reasonably be required to avoid the damage, or that it was impossible for it or them to take such measures.

Article 20
Exoneration

If the carrier proves that the damage was caused or contributed to by the negligence, wrongful act, or omission of the person claiming compensation, or of the person from whom he or she derives his or her rights, the carrier is wholly or partly exonerated from liability to the person claiming compensation to the extent that such negligence, wrongful act, or omission caused or contributed to the damage. If a claim for compensation is brought by a person other than the passenger in respect of the death or bodily injury suffered by the latter, the carrier is likewise wholly or partly exonerated from liability to the extent that it proves that the negligence, other wrongful act, or omission of that passenger caused or contributed to the damage. This Article applies to all provisions of this Convention on liability, including paragraph 1 of Article 21.

Article 21
Compensation in the event of death or bodily injury of passengers

1. The carrier cannot exclude or limit its liability for damage referred to in paragraph 1 of Article 17, compensation for which does not exceed 100,000 Special Drawing Rights per passenger.
2. The carrier is not liable for damage referred to in paragraph 1 of Article 17, compensation for which exceeds 100,000 Special Drawing Rights per passenger, if the carrier proves that:
a) such damage was not caused by the negligence or other wrongful act or omission of the carrier or its servants or agents; or
b) such damage was caused solely by the negligence or other wrongful act or omission of a third party.

Article 22
Limits of liability in relation to delay,
baggage and cargo

1. In the case of damage caused by delay in the carriage of passengers, as referred to in Article 19, the liability of the carrier for each passenger is limited to the sum of 4,150 Special Drawing Rights.
2. The liability of the carrier in the case of destruction, loss, damage or delay in the carriage of baggage is limited to the sum of 1,000 Special Drawing Rights for each passenger, except where the passenger made a special declaration of interest in delivery at destination at the time the checked baggage was handed over to the carrier and paid a supplementary sum if required. In that case, the carrier is liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger’s actual interest in delivery.
3. The liability of the carrier in the case of destruction, loss, damage or delay in the carriage of cargo is limited to the sum of 17 Special Drawing Rights per kilogram, except where the consignor made a special declaration of interest in delivery at destination at the time the cargo was handed over to the carrier and paid a supplementary sum if required. In that case, the carrier is liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor’s actual interest in delivery.
4. In the case of destruction, loss, damage or delay of part of the cargo or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier’s liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the destruction, loss, damage or delay of a part of the cargo or of any object contained therein affects the value of other packages covered by the same air waybill, or by the same receipt, or, if they were not issued, by the same document retained by other means as provided in paragraph 2 of Article 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.
5. The above provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment.
6. The limits of liability established by Article 21 and this Article shall not prevent the court from additionally awarding, in accordance with the law applied by it, the whole or part of the court costs and other expenses of litigation incurred by the plaintiff, including interest. The above provision shall not apply if the amount awarded as compensation for damage, excluding court costs and other expenses of litigation, does not exceed the amount which the carrier has offered in writing to the plaintiff within six months from the date of the occurrence of the damage or before the commencement of the legal proceedings, if that date is later.

Article 23
Conversion of currency units

1. The amounts specified in special drawing rights in this Convention are regarded as referring to special drawing rights as defined by the International Monetary Fund. The conversion of these amounts into national currencies in the event of judicial proceedings shall be made in accordance with the value of these currencies in special drawing rights on the date of the court’s decision. The value in special drawing rights of the national currency of a State Party that is a member of the International Monetary Fund shall be calculated according to the method of valuation applied by the International Monetary Fund for its own operations and transactions on the date of the court’s decision. The value in special drawing rights of the national currency of a State Party that is not a member of the International Monetary Fund shall be calculated by the method established by that State Party.
2. However, States that are not members of the International Monetary Fund and whose legislation does not permit the application of the provisions of paragraph 1 of this Article may, at the time of ratification or accession or at any time thereafter, declare that the limit of the carrier’s liability provided for in Article 21 shall be set at 1,500,000 monetary units per passenger in judicial proceedings on their territories; 62,500 monetary units per passenger with respect to paragraph 1 of Article 22; 15,000 monetary units per passenger with respect to paragraph 2 of Article 22; 250 monetary units per kilogram with respect to paragraph 3 of Article 22. Such a monetary unit consists of sixty-five and a half milligrams of gold of nine hundredth fineness. These amounts may be converted into the respective national currency in round numbers. The conversion of such amounts into the national currency shall be carried out in accordance with the legislation of the respective State.
3. The calculations referred to in the last sentence of paragraph 1 of this Article and the conversion referred to in paragraph 2 of this Article shall be made in such a manner as to express in the national currency of the State Party, as far as possible, the same real value of the quantitative indicators specified in Articles 21 and 22 as would be obtained as a result of the application of the first three sentences of paragraph 1 of this Article. The States Parties shall inform the depositary of the method of calculation under paragraph 1 of this Article or of the results of the conversion under paragraph 2 of this Article, respectively, at the time of depositing the instrument of ratification, acceptance, approval or accession to this Convention, and also after each change thereto.

Article 24
Review of limits of liability

1. Without prejudice to the provisions of article 25 of this Convention and subject to the provisions of paragraph 2 of this article, the limits of liability set out in articles 21, 22 and 23 shall be reviewed by the depositary every five years, the first such review being carried out at the end of the fifth year from the date of entry into force of this Convention or, if the Convention does not enter into force within five years from the date on which it was first opened for signature, within the first year after its entry into force, by reference to an inflation factor which corresponds to the cumulative rate of inflation since the previous review or, in the case of the first review, since the date of entry into force of the Convention. The rate of inflation to be used in determining the inflation factor shall be calculated in accordance with the weighted average of the annual rates of increase or decrease in the consumer price indices of the States whose currencies comprise the special drawing rights mentioned in paragraph 1 of article 23.
2. If the review referred to in the preceding paragraph concludes that the inflation factor has exceeded 10%, the depositary shall notify States Parties of a revision of the limits of liability. Any such revision shall become effective six months after its notification to the States Parties. If within three months after its notification to the States Parties a majority of the States Parties express their disagreement, the revision shall not become effective and the depositary shall refer the matter to a meeting of the States Parties. The depositary shall immediately notify all States Parties of the coming into force of any revision of the limits of liability.
3. Notwithstanding paragraph 1 of this article, the procedure referred to in paragraph 2 of this article shall be applied at any time provided that one third of the States Parties express a desire to that effect and upon condition that the inflation factor referred to in paragraph 1 has exceeded 30% since the previous review or since the date of entry into force of this Convention if no previous review has been carried out. Subsequent reviews using the procedure described in paragraph 1 of this article shall take place every five years starting at the end of the five-year period when the last review under this paragraph was carried out.

Article 25
Stipulation of limits of liability

A carrier may stipulate that the contract of carriage shall be subject to higher limits of liability than those provided for in this Convention or to no limits of liability whatsoever.

Article 26
Nullity of contractual provisions

Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention.

Article 27
Freedom of contract

Nothing in this Convention shall prevent a carrier from refusing to enter into a contract of carriage, from waiving any defences provided for in this Convention, or from laying down conditions which do not conflict with the provisions of this Convention.

Article 28
Advance payments

In the event of an aviation accident that caused death or injury to passengers, the carrier, if provided for by national legislation, shall immediately make advance payments to the natural person or persons entitled to claim compensation, to meet the immediate economic needs of such persons. Such advance payments shall not constitute recognition of liability and may be offset against subsequent payments of compensation by the carrier for the damage caused.

Article 29
Grounds for Action

In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. In any such action, punitive, exemplary or any other non-compensatory damages shall not be recoverable.

Article 30
Servants, Agents. Aggregate of Claims

1. If an action is brought against a servant or agent of the carrier arising out of damage to which this Convention relates, such servant or agent, if they prove that they acted within the scope of their employment, shall be entitled to avail themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under this Convention.
2. The aggregate of the amounts recoverable from the carrier, its servants and agents, in that case, shall not exceed the said limits.
3. Except in respect of the carriage of cargo, the provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.

Article 31
Timely Notice of Complaints

1. Receipt by the person entitled to delivery of checked baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage or with the record preserved by other means referred to in paragraph 2 of Article 3 and paragraph 2 of Article 4.
2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at their disposal.
3. Every complaint must be made in writing and given or dispatched within the times aforesaid.
4. If no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part.

Article 32
Death of Person Liable

In the event of the death of the person liable, an action for damages shall be brought in accordance with the conditions of this Convention against the persons who lawfully represent his or her estate or administer the property of that person.

Article 33
Jurisdiction

1. An action for liability must be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before the court of the carrier’s domicile, or of its principal place of business, or where it has a place of business through which the contract was made, or before the court at the place of destination.
2. In respect of damage resulting from the death or bodily injury of a passenger, an action for liability may be brought before one of the courts mentioned in paragraph 1 of this Article, or in the territory of a State Party in which the passenger, at the time of the accident, has his or her principal and permanent residence and to which or from which the carrier operates services for the carriage of passengers by air, either on its own aircraft or on another carrier’s aircraft pursuant to a commercial agreement, and in which that carrier conducts its business of carriage of passengers by air from premises leased or owned by the carrier itself or by another carrier with which it has a commercial agreement.
3. For the purposes of paragraph 2:
a) “commercial agreement” means an agreement, other than an agency agreement, made between carriers and relating to the provision of their joint services for carriage of passengers by air;
b) “principal and permanent residence” means one fixed and permanent residence of the passenger at the time of the accident. The nationality of the passenger shall not be the determining factor in this regard.
4. Procedure is governed by the law of the court seised of the case.

Article 34
Arbitration

1. Subject to the provisions of this Article, the parties to a contract of carriage of cargo may stipulate that any dispute relating to the liability of the carrier under this Convention shall be settled by arbitration. Such agreement shall be in writing.
2. The arbitration proceedings shall, at the option of the claimant, take place within one of the places referred to in Article 33 according to the jurisdiction of the court provided for in Article 33.
3. The arbitrator or arbitration tribunal shall apply the provisions of this Convention.
4. The provisions of paragraphs 2 and 3 of this Article shall be deemed to be part of any arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall be null and void.

Article 35
Limitation of Actions

1. The right to damages shall be extinguished if an action for liability is not brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
2. The method of calculating the period of limitation shall be determined by the law of the court seised of the case.

Article 36
Successive Carriers

1. In the case of carriage falling within the definition in paragraph 3 of Article 1 and performed by several successive carriers, each carrier who accepts passengers, baggage or cargo shall be subject to the rules established by this Convention and shall be deemed to be one of the parties to the contract of carriage, in so far as the contract relates to the part of the carriage performed under his supervision.

2. In the case of such carriage, the passenger or any person entitled to claim compensation on his behalf may bring an action only against the carrier who performed the carriage during which the event or delay occurred, except where, by special agreement, the first carrier has assumed liability for the entire carriage.
3. In respect of baggage or cargo, the passenger or consignor may bring an action against the first carrier, and the passenger or consignee who is entitled to delivery may bring an action against the last carrier; either of them may also bring an action against the carrier who performed the carriage during which the destruction, loss, damage or delay occurred. Those carriers shall be jointly and severally liable to the consignor and the consignee.

Article 37
Right of recourse against third parties

Nothing in this Convention shall in any way affect the question whether a person who is liable for damage under its provisions has a right of recourse against any other person.

Chapter IV
Mixed carriage

Article 38 Combined carriage

1. In the case of combined carriage performed partly by air and partly by any other mode of transport, the provisions of this Convention shall apply, subject to paragraph 4 of Article 18, only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.
2. Nothing in this Convention shall prevent the parties in the case of combined carriage from including in the document relating to the carriage by air provisions concerning carriage by other modes of transport, provided that the provisions of this Convention are applied to the carriage by air.

Chapter V
Carriage by air performed by persons
who are not contracting carriers

Article 39
Contracting carrier. Actual carrier

The provisions of this Chapter shall apply when a person (hereinafter referred to as the contracting carrier) as a principal makes a contract of carriage governed by this Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor, and another person (hereinafter referred to as the actual carrier), being authorized by the contracting carrier, performs the whole
or part of the carriage, but is not, in respect of that part, a successive carrier within the meaning of this Convention. Such authorization shall be presumed in the absence of proof to the contrary.

Article 40
Liability of the contracting carrier
and of the actual carrier

Unless otherwise provided in this chapter, in cases where the actual carrier performs, in whole or in part, the carriage which, under the contract provided for in Article 39, is governed by this Convention, both the contracting carrier and the actual carrier shall be subject to the provisions of this Convention, the former in respect of the entire carriage provided for in the contract, and the latter only in respect of the carriage which it performs.

Article 41
Mutual liability

1. The act or omission of the actual carrier and of its servants and agents acting within the scope of their duties in respect of the carriage performed by the actual carrier shall be deemed to be the act or omission of the contracting carrier as well.
2. The act or omission of the contracting carrier and of its servants and agents acting within the scope of their duties in respect of the carriage performed by the actual carrier shall be deemed to be the act or omission of the actual carrier as well. However, such act or omission shall in no case impose on the actual carrier liability exceeding the limits provided for in Articles 21, 22, 23 and 24. No special agreement whereby the contracting carrier assumes obligations not imposed on it by this Convention, no waiver of rights or defences conferred by this Convention, and no special declaration of interest in delivery at destination provided for in Article 22 shall affect the actual carrier without its consent.

Article 42
Addressee for claims and instructions

Any claim brought or instruction given to a carrier under this Convention shall have the same effect whether brought or given to the contracting carrier or to the actual carrier. However, claims referred to in Article 12 shall have effect only if brought to the contracting carrier.

Article 43
Servants and agents

In respect of the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier, if it proves that it acted within the scope of its duties, shall be entitled to avail itself of the conditions and limits of liability applicable under this Convention to the carrier of which it is a servant or agent, unless it is proved that it acted in such a way that reference to the limits of liability under this Convention is impossible.

Article 44
Aggregate amount of compensation

In respect of the carriage performed by the actual carrier, the aggregate amount of compensation which may be obtained from that carrier, from the contracting carrier and from their servants and agents acting within the scope of their duties shall not exceed the maximum compensation which may be awarded under this Convention against the contracting carrier or against the actual carrier, and none of the said persons shall be liable for an amount greater than the limit of liability applicable to that person.

Article 45
Addressee for actions

Any action for liability in respect of carriage performed by the actual carrier may, at the option of the plaintiff, be brought against that carrier or against the contracting carrier, or against both, jointly or separately. If an action is brought against only one of these carriers, that carrier shall be entitled to have the other carrier joined in the proceedings before the court seised of the action, the procedure for such joinder and its effects being governed by the law applied by the court.

Article 46
Additional jurisdiction

Any action for liability under Article 45 shall be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before one of the courts to which an action may be brought against the contracting carrier as provided in Article 33, or before the court at the place of residence of the actual carrier, or at the place of his principal place of business.

Article 47
Invalidity of contractual provisions

Any provision of a contract tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or to fix a limit of liability lower than that applicable under this Chapter shall be null and void, but the nullity of such a provision shall not entail the nullity of the entire contract, which shall remain subject to the provisions of this Chapter.

Article 48
Mutual relations between the contracting carrier
and the actual carrier

Except as provided in Article 45, nothing in this Chapter shall affect the rights and obligations existing between the carriers, including any right of recourse or indemnity.

Chapter VI
Other provisions

Article 49
Mandatory application

Any provision of the contract of carriage and any special agreement concluded before the occurrence of the damage whereby the parties purport to derogate from the rules of this Convention by determining the law applicable or by altering the rules relating to jurisdiction shall be null and void.

Article 50
Insurance

States Parties shall require their carriers to maintain adequate insurance covering their liability under this Convention. A State Party in which a carrier operates flights may require that carrier to provide evidence of adequate insurance covering its liability under this Convention.

Article 51
Carriage performed under exceptional circumstances

The provisions of Articles 3 to 5, 7 and 8 relating to the documents of carriage shall not apply to carriage performed under exceptional circumstances outside the framework of normal air carriage.

Article 52
Definition of days

The word “days” when used in this Convention means calendar days, not working days.

Chapter VII
Final provisions

Article 53
Signature, ratification and entry into force

1. This Convention is open for signature at Montreal on 28 May 1999 by States participating in the International Conference on Air Law held at Montreal from 10 to 28 May 1999. After 28 May 1999, the Convention will be open for signature to all States at the headquarters of the International Civil Aviation Organization in Montreal until it enters into force in accordance with paragraph 6 of this Article.
2. This Convention is also open for signature by regional economic integration organizations. For the purposes of this Convention, “regional economic integration organization” means any organization which is constituted by sovereign States of a given region and which has competence in respect of certain matters governed by this Convention, and which has been duly authorized to sign and to ratify, accept, approve or accede to this Convention. References to “a State Party” or “States Parties” in this Convention, other than in paragraph 2 of Article 1, subparagraph “b” of paragraph 1 of Article 3, paragraph “b” of Article 5, Articles 23, 33 and 46 and paragraph “b” of Article 57, apply equally to a regional economic integration organization. For the purposes of Article 24, references to “a majority of the States Parties” and “one third of the States Parties” do not apply to a regional economic integration organization.
3. This Convention is subject to ratification by the States and regional economic integration organizations which have signed it.
4. Any State or regional economic integration organization which has not signed this Convention may accept, approve or accede to it at any time.
5. Instruments of ratification and instruments of acceptance, approval or accession are deposited with the International Civil Aviation Organization, which is designated as the depositary.
6. This Convention enters into force on the sixtieth day from the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession by States which have deposited such instruments. An instrument deposited by a regional economic integration organization is not counted for the purposes of this paragraph.
7. For other States and for other regional economic integration organizations, this Convention enters into force on the sixtieth day from the date of deposit of the instrument of ratification, acceptance, approval or accession.
8. The depositary shall promptly notify all States which have signed the Convention and all States Parties of:
a) each signature of this Convention and the date of such signature;
b) the deposit of each 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 of entry into force of any change to the limits of liability established in accordance with this Convention;
e) any denunciation in accordance with Article 54.

Article 54
Denunciation

1. Any State Party may denounce this Convention by written notification to the depositary.
2. Denunciation shall take effect one hundred and eighty days from the date on which the notification is received by the depositary.

Article 55
Relationship with other Warsaw Convention instruments

The provisions of this Convention shall prevail over any provisions applicable to international carriage by air:
1. Between States parties to this Convention by virtue of their common participation in:
a) the Convention for the Unification of Certain Rules relating to International Carriage by Air (995_181), signed at Warsaw on 12 October 1929 (hereinafter the Warsaw Convention);
b) the Protocol to Amend the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw on 12 October 1929 (995_562), done at The Hague on 28 September 1955 (hereinafter the Hague Protocol);
c) the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed at Guadalajara on 18 September 1961 (hereinafter the Guadalajara Convention);
d) the Protocol to Amend the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw on 12 October 1929 as Amended by the Protocol done at The Hague on 28 September 1955, signed at Guatemala City on 8 March 1971 (hereinafter the Guatemala Protocol);
e) the Additional Protocols Nos. 1-3 and Montreal Protocol No. 4 to Amend the Warsaw Convention as Amended by the Hague Protocol or the Warsaw Convention as Amended by the Hague and Guatemala Protocols, signed at Montreal on 25 September 1975 (hereinafter the Montreal Protocols); or
2. Within the territory of any single State party to this Convention by virtue of that State’s participation in one or more of the instruments referred to above in subparagraphs (a) to (e).

Article 56
States with more than one legal system

1. If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all, one or more of its territorial units and may amend this declaration at any time by submitting another declaration.
2. Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Convention applies.
3. In relation to a State party which has made such a declaration:
a) references in Article 23 to “national currency” shall be construed as referring to the currency of the relevant territorial unit of that State; and
b) references in Article 28 to “national law” shall be construed as referring to the law of the relevant territorial unit of that State.

Article 57
Reservations

No reservations may be made to this Convention except that a State Party may at any time declare by notification to the depositary that this Convention shall not apply to:
a) international air carriage performed directly by that State Party for non-commercial purposes in connection with the performance of its functions and duties as a sovereign
State; and (or)
b) the carriage of persons, baggage and cargo performed for its military authorities on aircraft registered in that State Party or leased by it, the whole capacity of which has been reserved by or on behalf of such authorities.
In witness whereof the undersigned plenipotentiaries, being duly authorized, have signed this Convention.
Done at Montreal on 28 May one thousand nine hundred and ninety-nine in the English, Arabic, Spanish, Chinese, Russian and French languages, all texts being equally authentic.
This Convention shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the depositary to all States Parties to this Convention, as well as to all States Parties to the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala Protocol and the Montreal Protocols.