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Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999)

Chapter 1 - General Provisions

Article 1 - Scope of application

Article 2 - Carriage performed by State and 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

Article 4 - Cargo

Article 5 - Contents of air waybill or cargo receipt

Article 6 - Document relating to the nature of the cargo

Article 7 - Description of air waybill

Article 8 - Documentation for multiple packages

Article 9 - Non-compliance with documentary requirements

Article 10 - Responsibility for particulars of documentation

Article 11 - Evidentiary value of documentation

Article 12 - Right of disposition of cargo

Article 13 - Delivery of the cargo

Article 14 - Enforcement of the rights of consignor and consignee

Article 15 - Relations of consignor and consignee or mutual relations of third parties

Article 16 - Formalities of customs, police or other public authorities

Chapter III - Liability of the Carrier and Extent of Compensation for Damage

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

Article 18 - Damage to cargo

Article 19 - Delay

Article 20 - Exoneration

Article 21 - Compensation in case of death or injury of passengers

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

Article 23 - Conversion of monetary units

Article 24 - Review of limits

Article 25 - Stipulation on limits

Article 26 - Invalidity of contractual provisions

Article 27 - Freedom to contract

Article 28 - Advance payments

Article 29 - Basis of claims

Article 30 - Servants, agents - aggregation of claims

Article 31 - Timely notice of complaints

Article 32 - Death of person liable

Article 33 - Jurisdiction

Article 34 - Arbitration

Article 35 - Limitation of actions

Article 36 - Successive carriage

Article 37 - Right of recourse against third parties

Chapter IV - Combined Carriage

Article 38 - Combined carriage

Chapter V - Carriage by Air Performed by a Person other than the Contracting Carrier

Article 39 - Contracting carrier - actual carrier

Article 40 - Respective liability of contracting and actual carriers

Article 41 - Mutual liability

Article 42 - Addressee of complaints and instructions

Article 43 - Servants and agents

Article 44 - Aggregation of damages

Article 45 - Addressee of claims

Article 46 - Additional jurisdiction

Article 47 - Invalidity of contractual provisions

Article 48 - Mutual relations of contracting and actual carriers

Chapter VI - Other Provisions

Article 49 - Mandatory application

Article 50 - Insurance

Article 51 - Carriage performed in extraordinary circumstances

Article 52 - Definition of days

Chapter VII - Final Clauses

Article 53 - Signature, ratification and entry into force

Article 54 - Denunciation

Article 55 - Relationship with other Warsaw Convention instruments

Article 56 - States with more than one system of law

Article 57 - Reservations

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

Convention for the Unification of Certain Rules for International Carriage by Air

Montreal, 28 May 1999

copy @ Lex Mercatoria

Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999)

Chapter III - Liability of the Carrier and Extent of Compensation for Damage

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 kilogram, 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.


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