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INTERNATIONAL CONVENTIONS

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      ritu raj JNU
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      The Montreal Convention 1999 (MC99)

      This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

      The Montreal Convention 1999 (MC99) establishes airline liability in the case of death or injury to passengers, as well as in cases of delay, damage or loss of baggage and cargo.

      The Montreal Convention 1999 (“MC99”) establishes a modern compensatory regime in respect of passengers who suffer death or injury caused by an accident during international carriage by air. It also provides a simplified liability regime for baggage and air cargo where it also facilitates the use of electronic documents of carriage in place of paper. It was designed to replace the Warsaw Convention system that had developed haphazardly since 1929 with a single, modern and universal liability regime.

      MC99 entered in to force in 2003 and now has 132 Parties. This is equivalent to 68% of all International Civil Aviation Organization (ICAO) States. There are 60 States that have yet to
      ratify MC99 including a number of fast growing aviation markets, including Bangladesh, Sri
      Lanka and Vietnam. The result is that the patchwork of different liability regimes that MC99 was
      designed to replace continues to exist around the world. This causes complexity in claims handling and means that in many cases, passengers do not have the enhanced protections that MC99 provides (see below). Likewise, airlines and shippers are unable to enjoy the significant benefits that MC99 offers them

    • #112577 Reply
      ritu raj JNU
      Guest

      The Montreal Convention 1999

      CONVENTION
      FOR THE UNIFICATION OF CERTAIN RULES FOR
      INTERNATIONAL CARRIAGE BY AIR
      THE STATES PARTIES TO THIS CONVENTION

      RECOGNIZING the significant contribution of the Convention for the Unification of Certain Rules
      Relating to International Carriage by Air signed in Warsaw on 12 October 1929, hereinafter
      referred to as the „Warsaw Convention“, and other related instruments to the harmonization
      of private international air law;

      RECOGNIZING the need to modernize and consolidate the Warsaw Convention and related
      instruments;

      RECOGNIZING the importance of ensuring protection of the interests of consumers in international
      carriage by air and the need for equitable compensation based on the principle of restitution;

      REAFFIRMING the desirability of an orderly development of international air transport operations and
      the smooth flow of 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 collective State action for further harmonization and codification of certain rules
      governing international carriage by air through a new Convention is the most adequate means
      of achieving an equitable balance of interests;
      HAVE AGREED AS FOLLOWS:

      Chapter I
      General Provisions
      Article 1 — Scope of Application
      1. This Convention applies to all international carriage of persons, baggage or cargo performed
      by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air
      transport undertaking.
      2. For the purposes of this Convention, the expression international carriage means any
      carriage in which, according to the agreement between the parties, the place of departure and the
      place of destination, whether or not there be a break in the carriage or a transhipment, are situated
      either within the territories of two States Parties, or within the territory of a single State Party if there
      is an agreed stopping place within the territory of another State, even if that State is not a State Party.
      Carriage between two points within the territory of a single State Party without an agreed stopping
      place within the territory of another State is not international carriage for the purposes of this
      Convention.

      1. Carriage to be performed by several successive carriers is deemed, for the purposes of this
        Convention, to be one undivided carriage if it has been regarded by the parties as a single operation,
        whether it had been agreed upon under the form of a single contract or of a series of contracts, and
        it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State.
      2. This Convention applies also to carriage as set out in Chapter V, subject to the terms
        contained therein.
        Article 2 — Carriage Performed by State and Carriage of Postal Items
      3. This Convention applies to carriage performed by the State or by legally constituted public
        bodies provided it falls within the conditions laid down in Article 1.
      4. In the carriage of postal items, the carrier shall be liable only to the relevant postal
        administration in accordance with the rules applicable to the relationship between the carriers and the postal administrations.
      5. Except as provided in paragraph 2 of this Article, the provisions of this Convention shall not
        apply to the carriage of postal items.

      Chapter II
      Documentation and Duties of the Parties Relating to the Carriage of
      Passengers, Baggage and Cargo
      Article 3 — Passengers and Baggage
      1. In respect of carriage of passengers, an individual or collective document of carriage shall
      be delivered containing:
      (a) an indication of the places of departure and destination;
      (b) if the places of departure and destination are within the territory of a single State Party,
      one or more agreed stopping places being within the territory of another State, an
      indication of at least one such stopping place.
      2. Any other means which preserves the information indicated in paragraph 1 may be substituted
      for the delivery of the document referred to in that paragraph. If any such other means is used, the
      carrier shall offer to deliver to the passenger a written statement of the information so preserved.
      3. The carrier shall deliver to the passenger a baggage identification tag for each piece of
      checked baggage.
      4. The passenger shall be given written notice to the effect that where this Convention is
      applicable it governs and may limit the liability of carriers in respect of death or injury and for
      destruction or loss of, or damage to, baggage, and for delay.
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      5. Non-compliance with the provisions of the foregoing paragraphs 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 4 — Cargo
      1. In respect of the carriage of cargo, an air waybill shall be delivered.
      2. Any other means which preserves a record of the carriage to be performed may be
      substituted for the delivery of an air waybill. If such other means are used, the carrier shall, if so
      requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the
      consignment and access to the information contained in the record preserved by such other means.
      Article 5 — Contents of Air Waybill or Cargo Receipt
      The air waybill or the cargo receipt shall include:
      (a) an indication of the places of departure and destination;
      (b) if the places of departure and destination are within the territory of a single State Party,
      one or more agreed stopping places being within the territory of another State, an
      indication of at least one such stopping place; and
      (c) an indication of the weight of the consignment.
      Article 6 — Document Relating to the Nature of the Cargo
      The consignor may be required, if necessary to meet the formalities of customs, police and similar
      public authorities, to deliver a document indicating the nature of the cargo. This provision creates for
      the carrier no duty, obligation or liability resulting therefrom.
      Article 7 — Description of Air Waybill
      1. The air waybill shall be made out by the consignor in three original parts.
      2. The first part shall be marked „for the carrier“; it shall be signed by the consignor. The
      second part shall be marked „for the consignee“; it shall be signed by the consignor and by the carrier.
      The third part shall be signed by the carrier who shall hand it to the consignor after the cargo has been
      accepted.
      3. The signature of the carrier and that of the consignor may be printed or stamped.
      4. If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be
      deemed, subject to proof to the contrary, to have done so on behalf of the consignor.
      4
      Article 8 — Documentation for Multiple Packages
      When there is more than one package:
      (a) the carrier of cargo has the right to require the consignor to make out separate air
      waybills;
      (b) the consignor has the right to require the carrier to deliver separate cargo receipts when
      the other means referred to in paragraph 2 of Article 4 are used.
      Article 9 — Non-compliance with Documentary Requirements
      Non-compliance with the 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 — Responsibility for Particulars of Documentation
      1. The consignor is responsible for the correctness of the particulars and statements relating to
      the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the
      carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means
      referred to in paragraph 2 of Article 4. The foregoing shall also apply where the person acting on
      behalf of the consignor is also the agent of the carrier.
      2. The consignor shall indemnify the carrier against all damage suffered by it, or by any other
      person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of
      the particulars and statements furnished by the consignor or on its behalf.
      3. Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall indemnify the
      consignor against all damage suffered by it, or by any other person to whom the consignor is liable,
      by reason of the irregularity, incorrectness or incompleteness of the particulars and statements
      inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other
      means referred to in paragraph 2 of Article 4.
      Article 11 — Evidentiary Value of Documentation
      1. The air waybill or the cargo receipt is prima facie evidence of the conclusion of the contract,
      of the acceptance of the cargo and of the conditions of carriage mentioned therein.
      2. Any statements in the air waybill or the cargo receipt relating to the weight, dimensions and
      packing of the cargo, as well as those relating to the number of packages, are prima facie evidence
      of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute
      evidence against the carrier except so far as they both have been, and are stated in the air waybill or
      the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the
      apparent condition of the cargo.
      Article 12 — Right of Disposition of Cargo
      1. Subject to its liability to carry out all its obligations under the contract of carriage, the
      consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or
      destination, or by stopping it in the course of the journey on any landing, or by calling for it to be
      delivered at the place of destination or in the course of the journey to a person other than the
      consignee originally designated, or by requiring it to be returned to the airport of departure. The
      consignor must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses occasioned by the exercise of this right.
      2. If it is impossible to carry out the instructions of the consignor, the carrier must so inform
      the consignor forthwith.
      3. If the carrier carries out the instructions of the consignor for the disposition of the cargo
      without requiring the production of the part of the air waybill or the cargo receipt delivered to the
      latter, the carrier will be liable, without prejudice to its right of recovery from the consignor, for any
      damage which may be caused thereby to any person who is lawfully in possession of that part of the
      air waybill or the cargo receipt.
      4. The right conferred on the consignor ceases at the moment when that of the consignee begins
      in accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or cannot
      be communicated with, the consignor resumes its right of disposition.
      Article 13 — Delivery of the Cargo
      1. Except when the consignor has exercised its right under Article 12, the consignee is entitled,
      on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on
      payment of the charges due and on complying with the conditions of carriage.
      2. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as
      soon as the cargo arrives.
      3. If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of
      seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against
      the carrier the rights which flow from the contract of carriage.
      Article 14 — Enforcement of the Rights of Consignor and Consignee
      The consignor and the consignee can respectively enforce all the rights given to them by Articles 12
      and 13, each in its own name, whether it is acting in its own interest or in the interest of another,
      provided that it carries out the obligations imposed by the contract of carriage.
      Article 15 — Relations of Consignor and Consignee or
      Mutual Relations of Third Parties
      1. Articles 12, 13 and 14 do not affect either the relations of the consignor and the consignee
      with each other or the mutual relations of third parties whose rights are derived either from the
      consignor or from the consignee.
      2. The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air
      waybill or the cargo receipt.
      Article 16 — Formalities of Customs, Police or Other Public Authorities
      1. The consignor must furnish such information and such documents as are necessary to meet
      the formalities of customs, police and any 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,
      6
      insufficiency or irregularity of any such information or documents, unless the damage is due to the
      fault of the carrier, its servants or agents.
      2. The carrier is under no obligation to enquire into the correctness or suffic iency of such
      information or documents.

      Chapter III
      Liability of the Carrier and Extent of Compensation for Damage
      Article 17 — Death and Injury of Passengers — Damage to Baggage
      1. The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon
      condition only that the accident which caused the death or injury took place on board the aircraft or
      in the course of any of the operations of embarking or disembarking.
      2. The carrier is liable for damage sustained in case of destruction or loss of, or of damage to,
      checked baggage upon condition only that the event which caused the destruction, loss or damage
      took place on board the aircraft or during any period within which the checked baggage was in the
      charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted
      from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including
      personal items, the carrier is liable if the damage resulted from its fault or that of its servants or
      agents.
      3. If the carrier admits the loss of the checked baggage, or if the checked baggage has not
      arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the
      passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.
      4. Unless otherwise specified, in this Convention the term „baggage“ means both checked
      baggage and unchecked baggage.
      Article 18 — Damage to Cargo
      1. The carrier is liable for damage sustained in the event of the destruction or loss of, or damage
      to, cargo upon condition only that the event which caused the damage so sustained took place during
      the carriage by air.
      2. However, the carrier is not liable if and to the extent it proves that the destruction, or loss of,
      or damage to, the cargo resulted from one or more of the following:
      (a) inherent defect, quality or vice of that cargo;
      (b) defective packing of that cargo performed by a person other than the carrier or its
      servants or agents;
      (c) an act of war or an armed conflict;
      7
      (d) an act of public authority carried out in connection with the entry, exit or transit of the cargo.
      3. The carriage by air within the meaning of paragraph 1 of this Article comprises the period
      during which the cargo is in the charge of the carrier.
      4. The period of the carriage by air does not extend to any carriage by land, by sea or by inland
      waterway performed outside an airport. If, however, such carriage takes place in the performance
      of a contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage
      is presumed, subject to proof to the contrary, to have been the result of an event which took place
      during the carriage by air. If a carrier, without the consent of the consignor, substitutes carriage by
      another mode of transport for the whole or part of a carriage intended by the agreement between the
      parties to be carriage by air, such carriage by another mode of transport is deemed to be within the
      period of carriage by air.
      Article 19 — Delay
      The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or
      cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it
      and 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 or other
      wrongful act or omission of the person claiming compensation, or the person from whom he or she
      derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the
      claimant to the extent that such negligence or wrongful act or omission caused or contributed to the
      damage. When by reason of death or injury of a passenger compensation is claimed by a person other
      than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the
      extent that it proves that the damage was caused or contributed to by the negligence or other wrongful
      act or omission of that passenger. This Article applies to all the liability provisions in this Convention, including paragraph 1 of Article 21.
      Article 21 — Compensation in Case of Death or Injury of Passengers
      1. For damages arising under paragraph 1 of Article 17 not exceeding 100 000 Special Drawing
      Rights for each passenger, the carrier shall not be able to exclude or limit its liability.
      2. The carrier shall not be liable for damages arising under paragraph 1 of Article 17 to the
      extent that they exceed for each passenger 100 000 Special Drawing Rights if the carrier proves that:
      (a) such damage was not due to the negligence or other wrongful act or omission of the
      carrier or its servants or agents; or
      (b) such damage was solely due to 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 as specified in Article 19 in the carriage of persons,
      the liability of the carrier for each passenger is limited to 4 150 Special Drawing Rights.
      2. In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage
      or delay is limited to 1 000 Special Drawing Rights for each passenger unless the passenger has made,
      at the time when the checked baggage was handed over to the carrier, a special declaration of interest
      in delivery at destination and has paid a supplementary sum if the case so requires. In that case the
      carrier will be 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 at destination.
      3. In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage
      or delay is limited to a sum of 17 Special Drawing Rights per kilogramme, unless the consignor has
      made, at the time when the package was handed over to the carrier, a special declaration of interest
      in delivery at destination and has paid a supplementary sum if the case so requires. In that case the
      carrier will be 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 at destination.
      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 an object
      contained therein, affects the value of other packages covered by the same air waybill, or the same
      receipt or, if they were not issued, by the same record preserved by the other means referred to in
      paragraph 2 of Article 4, the total weight of such package or packages shall also be taken into
      consideration in determining the limit of liability.
      5. The foregoing 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, its servants or agents, done with
      intent to cause damage or recklessly and with knowledge that damage would probably result; provided
      that, in the case of such act or omission of a servant or agent, it is also proved that such servant or
      agent was acting within the scope of its employment.
      6. The limits prescribed in Article 21 and in this Article shall not prevent the court from
      awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the
      other expenses of the litigation incurred by the plaintiff, including interest. The foregoing provision
      shall not apply if the amount of the damages awarded, excluding court costs and other expenses of
      the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within
      a period of six months from the date of the occurrence causing the damage, or before the
      commencement of the action, if that is later.
      Article 23 — Conversion of Monetary Units
      1. The sums mentioned in terms of Special Drawing Right in this Convention shall be deemed
      to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion of
      the sums into national currencies shall, in case of judicial proceedings, be made according to the value
      of such currencies in terms of the Special Drawing Right at the date of the judgement. The value of
      a national currency, in terms of the Special Drawing Right, of a State Party which is a Member of the
      International Monetary Fund, shall be calculated in accordance with the method of valuation applied
      by the International Monetary Fund, in effect at the date of the judgement, for its operations and
      transactions. The value of a national currency, in terms of the Special Drawing Right, of a State Party which is not a Member of the International Monetary Fund, shall be calculated in a manner determined by that State.

      1. Nevertheless, those States which are not Members of the International Monetary Fund and
        whose law 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 liability of the carrier
        prescribed in Article 21 is fixed at a sum of 1 500 000 monetary units per passenger in judicial
        proceedings in 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; and 250
        monetary units per kilogramme with respect to paragraph 3 of Article 22. This monetary unit
        corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These
        sums may be converted into the national currency concerned in round figures. The conversion of
        these sums into national currency shall be made according to the law of the State concerned.
      2. The calculation mentioned in the last sentence of paragraph 1 of this Article and the
        conversion method mentioned in paragraph 2 of this Article shall be made in such manner as to
        express in the national currency of the State Party as far as possible the same real value for the
        amounts in Articles 21 and 22 as would result from the application of the first three sentences of
        paragraph 1 of this Article. States Parties shall communicate to the depositary the manner of
        calculation pursuant to paragraph 1 of this Article, or the result of the conversion in paragraph 2 of
        this Article as the case may be, when depositing an instrument of ratification, acceptance, approval
        of or accession to this Convention and whenever there is a change in either.

      Article 24 — Review of Limits
      1. Without prejudice to the provisions of Article 25 of this Convention and subject to
      paragraph 2 below, the limits of liability prescribed in Articles 21, 22 and 23 shall be reviewed by the
      Depositary at five-year intervals, the first such review to take place at the end of the fifth year
      following the date of entry into force of this Convention, or if the Convention does not enter into force
      within five years of the date it is first open for signature, within the first year of its entry into force,
      by reference to an inflation factor which corresponds to the accumulated rate of inflation since the
      previous revision or in the first instance since the date of entry into force of the Convention. The
      measure of the rate of inflation to be used in determining the inflation factor shall be the weighted
      average of the annual rates of increase or decrease in the Consumer Price Indices of the States whose
      currencies comprise the Special Drawing Right 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 per cent, the Depositary shall notify States Parties of a revision of the limits of liability.
      Any such revision shall become effective six months after its notification to the States Parties. If
      within three months after its notification to the States Parties a majority of the States Parties register
      their disapproval, the revision shall not become effective and the Depositary shall refer the matter to
      a meeting of the States Parties. The Depositary shall immediately notify all States Parties of the
      coming into force of any revision.
      3. Notwithstanding paragraph 1 of this Article, the procedure referred to in paragraph 2 of this
      Article shall be applied at any time provided that one-third of the States Parties express a desire to that
      effect and upon condition that the inflation factor referred to in paragraph 1 has exceeded 30 per cent
      since the previous revision or since the date of entry into force of this Convention if there has been
      no previous revision. Subsequent reviews using the procedure described in paragraph 1 of this Article
      will take place at five-year intervals starting at the end of the fifth year following the date of the
      reviews under the present paragraph.
      10
      Article 25 — Stipulation on Limits
      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 — Invalidity 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 to Contract
      Nothing contained in this Convention shall prevent the carrier from refusing to enter into any contract
      of carriage, from waiving any defences available under the Convention, or from laying down
      conditions which do not conflict with the provisions of this Convention.
      Article 28 — Advance Payments
      In the case of aircraft accidents resulting in death or injury of passengers, the carrier shall, if required
      by its national law, make advance payments without delay to a natural person or persons who are
      entitled to claim compensation in order to meet the immediate economic needs of such persons. Such
      advance payments shall not constitute a recognition of liability and may be offset against any amounts
      subsequently paid as damages by the carrier.
      Article 29 — Basis of Claims
      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 — Aggregation of Claims
      1. If an action is brought against a servant or agent of the carrier arising out of damage to which
      the 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. Save 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 the 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 his or her 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 case of the death of the person liable, an action for damages lies in accordance with the terms
      of this Convention against those legally representing his or her estate.
      Article 33 — Jurisdiction
      1. An action for damages must be brought, at the option of the plaintiff, in the territory of one
      of the States Parties, either before the court of the domicile of the carrier or of its principal place of
      business, or where it has a place of business through which the contract has been made or before the
      court at the place of destination.
      2. In respect of damage resulting from the death or injury of a passenger, an action may be
      brought before one of the courts mentioned in paragraph 1 of this Article, or in the territory of a State
      Party in which at the time of the accident the passenger has his or her principal and permanent
      residence and to 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 the one fixed and permanent abode of the
      passenger at the time of the accident. The nationality of the passenger shall not be the
      determining factor in this regard.
      4. Questions of procedure shall be governed by the law of the court seized of the case.

      Article 34 — Arbitration
      1. Subject to the provisions of this Article, the parties to the contract of carriage for cargo may
      stipulate that any dispute relating to the liability of the carrier under this Convention shall be settled by
      arbitration. Such agreement shall be in writing.
      2. The arbitration proceedings shall, at the option of the claimant, take place within one of the
      jurisdictions referred to 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 every
      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 is not brought within a period of two
      years, reckoned 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 that period shall be determined by the law of the court seised of
      the case.
      Article 36 — Successive Carriage
      1. In the case of carriage to be performed by various successive carriers and falling within the
      definition set out in paragraph 3 of Article 1, each carrier which accepts passengers, baggage or cargo
      is subject to the rules set out in this Convention and is deemed to be one of the parties to the contract
      of carriage in so far as the contract deals with that part of the carriage which is performed under its
      supervision.
      2. In the case of carriage of this nature, the passenger or any person entitled to compensation
      in respect of him or her can take action only against the carrier which performed the carriage during
      which the accident or the delay occurred, save in the case where, by express agreement, the first
      carrier has assumed liability for the whole journey.
      3. As regards baggage or cargo, the passenger or consignor will have a right of action against
      the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action
      against the last carrier, and further, each may take action against the carrier which performed the
      carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly
      and severally liable to the passenger or to the consignor or consignee.
      Article 37 — Right of Recourse against Third Parties
      Nothing in this Convention shall prejudice the question whether a person liable for damage in
      accordance with its provisions has a right of recourse against any other person.

      Chapter IV
      Combined Carriage
      Article 38 — Combined Carriage
      1. In the case of combined carriage performed partly by air and partly by any other mode of
      carriage, the provisions of this Convention shall, subject to paragraph 4 of Article 18, apply only to
      the carriage by air, provided that the carriage by air falls within the terms of Article 1.
      2. Nothing in this Convention shall prevent the parties in the case of combined carriage from
      inserting in the document of air carriage conditions relating to other modes of carriage, provided that
      the provisions of this Convention are observed as regards the carriage by air.
      Chapter V
      Carriage by Air Performed by a Person
      other than the Contracting Carrier
      Article 39 — Contracting Carrier — Actual Carrier
      The provisions of this Chapter apply when a person (hereinafter referred to as „the contracting
      carrier“) as a principal makes a contract of carriage governed by this Convention with a passenger
      or consignor or with a person acting on behalf of the passenger or consignor, and another person
      (hereinafter referred to as „the actual carrier“) performs, by virtue of authority from the contracting
      carrier, the whole or part of the carriage, but is not with respect to such part a successive carrier
      within the meaning of this Convention. Such authority shall be presumed in the absence of proof to
      the contrary.
      Article 40 — Respective Liability of Contracting and Actual Carriers
      If an actual carrier performs the whole or part of carriage which, according to the contract referred
      to in Article 39, is governed by this Convention, both the contracting carrier and the actual carrier
      shall, except as otherwise provided in this Chapter, be subject to the rules of this Convention, the
      former for the whole of the carriage contemplated in the contract, the latter solely for the carriage
      which it performs.
      Article 41 — Mutual Liability
      1. The acts and omissions of the actual carrier and of its servants and agents acting within the
      scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed
      to be also those of the contracting carrier.
      2. The acts and omissions of the contracting carrier and of its servants and agents acting within
      the scope of their employment shall, in relation to the carriage performed by the actual carrier, be
      deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the
      actual carrier to liability exceeding the amounts referred to in Articles 21, 22, 23 and 24. Any special
      agreement under which the contracting carrier assumes obligations not imposed by this Convention
      14
      or any waiver of rights or defences conferred by this Convention or any special declaration of interest
      in delivery at destination contemplated in Article 22 shall not affect the actual carrier unless agreed to
      by it.
      Article 42 — Addressee of Complaints and Instructions
      Any complaint to be made or instruction to be given under this Convention to the carrier shall have
      the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless,
      instructions referred to in Article 12 shall only be effective if addressed to the contracting carrier.

      Article 43 — Servants and Agents
      In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under this Convention to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordance with this Convention.

      Article 44 — Aggregation of Damages
      In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable
      from that carrier and the contracting carrier, and from their servants and agents acting within the
      scope of their employment, shall not exceed the highest amount which could be awarded against either
      the contracting carrier or the actual carrier under this Convention, but none of the persons mentioned
      shall be liable for a sum in excess of the limit applicable to that person.

      Article 45 — Addressee of Claims
      In relation to the carriage performed by the actual carrier, an action for damages may be brought, at
      the option of the plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seized of the case.

      Article 46 — Additional Jurisdiction
      Any action for damages contemplated in Article 45 must be brought, at the option of the plaintiff, in
      the territory of one of the States Parties, either before a court in which an action may be brought
      against the contracting carrier, as provided in Article 33, or before the court having jurisdiction at the place where the actual carrier has its domicile or its principal place of business.

      Article 47 — Invalidity of Contractual Provisions
      Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Chapter.

      Article 48 — Mutual Relations of Contracting and Actual Carriers
      Except as provided in Article 45, nothing in this Chapter shall affect the rights and obligations of the
      carriers between themselves, including any right of recourse or indemnification.

      Chapter VI
      Other Provisions
      Article 49 — Mandatory Application
      Any clause contained in the contract of carriage and all special agreements entered into before the
      damage occurred by which the parties purport to infringe the rules laid down by this Convention,
      whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void.
      Article 50 — Insurance
      States Parties shall require their carriers to maintain adequate insurance covering their liability under
      this Convention. A carrier may be required by the State Party into which it operates to furnish
      evidence that it maintains adequate insurance covering its liability under this Convention.
      Article 51 — Carriage Performed in Extraordinary Circumstances
      The provisions of Articles 3 to 5, 7 and 8 relating to the documentation of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of a carrier’s business.
      Article 52 — Definition of Days
      The expression „days“ when used in this Convention means calendar days, not working days.

      Chapter VII
      Final Clauses
      Article 53 — Signature, Ratification and Entry into Force
      1. This Convention shall be open for signature in Montreal on 28 May 1999 by States
      participating in the International Conference on Air Law held at Montreal from 10 to 28 May 1999.
      After 28 May 1999, the Convention shall be open to all States for signature at the Headquarters of
      the International Civil Aviation Organization in Montreal until it enters into force in accordance with paragraph 6 of this Article.
      2. This Convention shall similarly be open for signature by Regional Economic Integration
      Organisations. For the purpose of this Convention, a „Regional Economic Integration Organisation“
      means any organisation which is constituted by sovereign States of a given region which has
      competence in respect of certain matters governed by this Convention and has been duly authorized
      to sign and to ratify, accept, approve or accede to this Convention. A reference to a „State Party“ or
      „States Parties“ in this Convention, otherwise than in paragraph 2 of Article 1, paragraph 1(b) of
      Article 3, paragraph (b) of Article 5, Articles 23, 33, 46 and paragraph (b) of Article 57, applies
      equally to a Regional Economic Integration Organisation. For the purpose of Article 24, the references
      to „a majority of the States Parties“ and „one-third of the States Parties“ shall not apply to a Regional Economic Integration Organisation.
      3. This Convention shall be subject to ratification by States and by Regional Economic
      Integration Organisations which have signed it.
      4. Any State or Regional Economic Integration Organisation which does not sign this
      Convention may accept, approve or accede to it at any time.
      5. Instruments of ratification, acceptance, approval or accession shall be deposited with the
      International Civil Aviation Organization, which is hereby designated the Depositary.
      6. This Convention shall enter into force on the sixtieth day following the date of deposit of the
      thirtieth instrument of ratification, acceptance, approval or accession with the Depositary between the
      States which have deposited such instrument. An instrument deposited by a Regional Economic
      Integration Organisation shall not be counted for the purpose of this paragraph.
      7. For other States and for other Regional Economic Integration Organisations, this Convention
      shall take effect sixty days following 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 date thereof;
      (b) each deposit of an instrument of ratification, acceptance, approval or accession and
      date thereof;
      (c) the date of entry into force of this Convention;
      (d) the date of the coming into force of any revision of the limits of liability established
      under this Convention;
      (e) any denunciation under Article 54.
      Article 54 — Denunciation
      1. Any State Party may denounce this Convention by written notification to the Depositary.
      2. Denunciation shall take effect one hundred and eighty days following the date on which
      notification is received by the Depositary.

      Article 55 — Relationship with other Warsaw Convention Instruments
      This Convention shall prevail over any rules which apply to international carriage by air:
      1. between States Parties to this Convention by virtue of those States commonly being Party
      to
      (a) the Convention for the Unification of Certain Rules Relating to International Carriage
      by Air Signed at Warsaw on 12 October 1929 (hereinafter called the Warsaw
      Convention);
      (b) the Protocol to Amend the Convention for the Unification of Certain Rules Relating
      to International Carriage by Air Signed at Warsaw on 12 October 1929, Done at
      The Hague on 28 September 1955 (hereinafter called The Hague Protocol);
      (c) the Convention, Supplementary to the Warsaw Convention, for the Unification of
      Certain Rules Relating to International Carriage by Air Performed by a Person Other
      than the Contracting Carrier, signed at Guadalajara on 18 September 1961 (hereinafter
      called the Guadalajara Convention);
      (d) the Protocol to Amend the Convention for the Unification of Certain Rules Relating
      to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended
      by the Protocol Done at The Hague on 28 September 1955 Signed at Guatemala City
      on 8 March 1971 (hereinafter called the Guatemala City Protocol);
      (e) Additional Protocol Nos. 1 to 3 and Montreal Protocol No. 4 to amend the Warsaw
      Convention as amended by The Hague Protocol or the Warsaw Convention as amended
      by both The Hague Protocol and the Guatemala City Protocol Signed at Montreal on
      25 September 1975 (hereinafter called the Montreal Protocols); or
      2. within the territory of any single State Party to this Convention by virtue of that State being
      Party to one or more of the instruments referred to in sub-paragraphs (a) to (e) above.
      Article 56 — States with more than one System of Law
      1. If a State has two or more territorial units in which different systems of law 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 its territorial units
      or only to one or more of them and may modify this declaration by submitting another declaration at
      any time.
      2. Any such declaration shall be notified to the Depositary and shall state expressly the territorial
      units to which the Convention applies.
      3. In 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) the reference in Article 28 to „national law“ shall be construed as referring to the law
      of the relevant territorial unit of that State.

      Article 57 — Reservations
      No reservation may be made to this Convention except that a State Party may at any time declare by
      a notification addressed to the Depositary that this Convention shall not apply to:
      (a) international carriage by air performed and operated directly by that State Party for
      non-commercial purposes in respect to its functions and duties as a sovereign State;
      and/or
      (b) the carriage of persons, cargo and baggage for its military authorities on aircraft
      registered in or leased by that State Party, the whole capacity of which has been
      reserved by or on behalf of such authorities.
      IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized,
      have signed this Convention.
      DONE at Montreal on the 28th day of May of the year one thousand nine hundred and
      ninety-nine in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being
      equally authentic. This Convention shall remain deposited in the archives of the International Civil
      Aviation Organization, and certified 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 City Protocol, and the Montreal Protocols.

    • #112578 Reply
      ritu raj JNU
      Guest

      The Ten Principles of the UN Global Compact

      Corporate sustainability starts with a company’s value system and a principles-based approach to doing business. This means operating in ways that, at a minimum, meet fundamental responsibilities in the areas of human rights, labour, environment and anti-corruption. Responsible businesses enact the same values and principles wherever they have a presence, and know that good practices in one area do not offset harm in another. By incorporating the Ten Principles of the UN Global Compact into strategies, policies and procedures, and establishing a culture of integrity, companies are not only upholding their basic responsibilities to people and planet, but also setting the stage for long-term success.

      The Ten Principles of the United Nations Global Compact are derived from: the Universal Declaration of Human Rights, the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work, the Rio Declaration on Environment and Development, and the United Nations Convention Against Corruption.

      Human Rights

      Principle 1: Businesses should support and respect the protection of internationally proclaimed human rights; and

      Principle 2: make sure that they are not complicit in human rights abuses.

      Labour

      Principle 3: Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining;

      Principle 4: the elimination of all forms of forced and compulsory labour;

      Principle 5: the effective abolition of child labour; and

      Principle 6: the elimination of discrimination in respect of employment and occupation.

      Environment

      Principle 7: Businesses should support a precautionary approach to environmental challenges;

      Principle 8: undertake initiatives to promote greater environmental responsibility; and

      Principle 9: encourage the development and diffusion of environmentally friendly technologies.

      Anti-Corruption

      Principle 10: Businesses should work against corruption in all its forms, including extortion and bribery.

    • #112579 Reply
      ritu raj JNU
      Guest

      The Bloomberg Gender-Equality Index (GEI) tracks the performance of public companies committed to disclosing their efforts to support gender equality through policy development, representation, and transparency.

    • #112580 Reply
      ritu raj JNU
      Guest

      Ratification of the 1999 Montreal Convention

      International Civil Aviation Organization

      WORKING PAPER A37-WP/xxxx
      TE/xx
      ../../10

      ASSEMBLY — 37TH SESSION

      LEGAL COMMISSION

      Agenda Item 61: Consolidated Statement of Continuing ICAO Policies in the Legal Field

      Promotion of the
      Convention for the Unification of Certain Rules for International Carriage by Air Done at Montreal on 28 May 1999 (Montreal Convention of 1999)

      (Presented by the United States of America)

      EXECUTIVE SUMMARY
      The Montreal Convention of 1999, which establishes a regime to govern airline liability to passengers and shippers on international flights, is in force for 97 countries. Its universal adoption would provide significant benefits to the travelling and shipping public, as well as greater certainty to the airline industry about what rules govern their liability. This paper seeks a greater effort to urge all Contracting States to ratify the 1999 Convention if they have not already done so.

      Action: The Assembly is invited to adopt the resolution attached in the Appendix.

      Strategic Objectives: This working paper relates to Strategic Objective F (Rule of Law).
      Financial implications: None.
      References: Resolution A36-26, Appendix C

      1. INTRODUCTION

      1.1 The Montreal Convention of 1999 replaces the low airline liability caps of the previous Warsaw/Hague liability regimes, and enables individuals previously prevented from suing in their home country to do so. It provides automatic payment for proven damages in the event of injury or death up to 113,100 Special Drawing Rights (approximately US$169,000 as of July 2010). Above that amount an airline must fully compensate for damages unless the airline proves that it was not at fault. The Convention also encourages upfront payments to victims to be made without delay, where such payments are required by national law.
      1.2 This Convention also precludes unreasonably high passenger recoveries by not allowing punitive or exemplary damages. At the same time, it prevents recoveries from being diluted by inflation by adjusting the limits every five years to reflect inflation.

      1. DISCUSSION

      2.1 The Montreal Convention of 1999 seeks to replace the patchwork of international agreements addressing airline liability to passengers and shippers that has built up over the years. Airline liability was first addressed in the 1929 Warsaw Convention. Several changes have been made since then that are set out in some international agreements. None of these changes has been universally adopted, creating confusion about which agreements govern a particular event. Universal acceptance of the Montreal Convention of 1999 will eliminate this problem.

      2.2 While broadly ratified (97 countries), there are still almost a hundred Chicago Convention signatories who have not acted to bring the Montreal Convention of 1999 into force. At the 36th Session of the Assembly, a resolution was adopted (Resolution A36-26, Appendix C) urging Contracting States that have not already done so, to ratify the instruments adopted under the auspices of ICAO, including the Montreal Convention of 1999. Because of the benefits to be gained from the universal acceptance of the Convention, Contracting States should again be urged to ratify this document.

      1. ACTION BY THE ASSEMBLY

      3.1 The Assembly is invited to adopt the resolution attached in the Appendix.

      -END-

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