Convention for the Unification of Certain Rules for International
Carriageby Air
Signatory:International Civil Aviation Organization
Date of Signature:05/28/1999
Validity Status:Valid
(Montreal, 28 May 1999)
THE STATES PARTIES TO THIS CONVENTION
jophineRECOGNIZING the significant contribution of the Convention for the Unification of Certain Rulesrelating to International Carriage by Air signed in Warsaw on 12 October 1929, hereinafter referred toas the "Warsaw Convention", and other related instruments to the harmonization of privateinternational air law;
RECOGNIZING the need to modernize and consolidate the Warsaw Convention and relatedinstruments;
RECOGNIZING the importance of ensuring protection of the interests of consumers in internationalcarriage by air and the need for equitable compensation bad on the principle of restitution;
REAFFIRMING the desirability of an orderly development of international air transport operations andthe smooth flow of pasngers, baggage and cargo in accordance with the principles and objectives ofthe Convention on International Civil Aviation, done at Chicago on 7 December 1944;
CONVINCED that collective State action for further harmonization and codification of certain rulesgoverning international carriage by air through a new Convention is the most adequate means ofachieving an equitable balance of interests;beware什么意思
HAVE AGREED AS FOLLOWS:
Chapter1:General Provisions
Article1 Scope of Application
1. This Convention applies to all international carriage of persons, baggage or cargo performed byaircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport
undertaking.
2. For the purpos of this Convention, the expression "international carriage" means any carriage inwhich, according to the agreement between the parties, the place of departure and the place ofdestination, whether or not there be a break in the carriage or a transhipment, are situated eitherwithin the territories of two States Parties, or within the territory of a single State Party if there is anagreed 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 stoppingplace within the territory of another State is not international carriage for the purpos of thisConvention.
3. Carriage to be performed by veral successive carriers is deemed, for the purpos of thisConvention, 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 ries of contracts, and itdoes not lo its international character merely becau one contract or a ries of contracts is to beperformed entirely within the territory of the same State.
4. This Convention applies also to carriage as t out in Chapter V, subject to the terms containedtherein. Article2 Carriage Performed by State and Carriage of Postal Items
1. This Convention applies to carriage performed by the State or by legally constituted public bodiesprovided it falls within the conditions laid down in Article 1.
2. In the carriage of postal items, the carrier shall be liable only to the relevant postal administration inaccordance with the rules applicable to the relationship between the carriers and the postaladministrations.
3. Except as provided in paragraph 2 of this Article, the provisions of this Convention shall not apply tothe carriage of postal items.
Chapter II:Documentation and Duties of the Parties Relating to the Carriage of Pasngers,Baggageand Cargo
Article3 Pasngers and Baggage
1. In respect of carriage of pasngers, an individual or collective document of carriage shall bedelivered 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 ormore agreed stopping places being within the territory of another State, an indication of at least onesuch stopping place.
2. Any other means which prerves the information indicated in paragraph 1 may be substituted forthe delivery of the document referred to in that paragraph. If any such other means is ud, the carriershall offer to deliver to the pasnger a written statement of the information so prerved.
3. The carrier shall deliver to the pasnger a baggage identification tag for each piece of checkedbaggage.
4. The pasnger shall be given written notice to the effect that where this Convention is applicable itgoverns 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.
5. Non-compliance with the provisions of the foregoing paragraphs shall not affect the existence orthe validity of the contract of carriage, which shall, nonetheless, be subject to the rules of thisConvention including tho relating to limitation of liability.
Article4 Cargo
1. In respect of the carriage of cargo, an air waybill shall be delivered.
2. Any other means which prerves a record of the carriage to be performed may be substituted forthe delivery of an air waybill. If such other means are ud, the carrier shall, if so requested by theconsignor, deliver to the consignor a cargo receipt permitting identification of the consignment andaccess to the information contained in the record prerved by such other means.
Article5 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 ormore agreed stopping places being within the territory of another State, an indication of at least onesuch stopping place; and (c) an indication of the weight of the consignment.
Article6 Document Relating to the Nature of the Cargo
The consignor may be required, if necessary, to meet the formalities of customs, police and similarp
ublic authorities to deliver a document indicating the nature of the cargo. This provision creates forthe carrier no duty, obligation or liability resulting therefrom.
Article7 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 cond partshall be marked "for the consignee"; it shall be signed by the consignor and by the carrier. The thirdpart shall be signed by the carrier who shall hand it to the consignor after the cargo has beenaccepted.
3. The signature of the carrier and that of the consignor may be printed or stamped.
any man of mine4. 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.
刘佳欣Article8 Documentation for Multiple Packages
When there is more than one package:
英语麦当劳(a) the carrier of cargo has the right to require the consignor to make out parate air waybills;
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(b) the consignor has the right to require the carrier to deliver parate cargo receipts when the othermeans referred to in paragraph 2 of Article 4 are ud.
Article9 Non-compliance with Documentary Requirements
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Non-compliance with the provisions of Articles 4 to 8 shall not affect the existence or the validity ofthe contract of carriage, which shall, nonetheless, be subject to the rules of this Convention includingtho relating to limitation of liability.
Article10 Responsibility for Particulars of Documentation
1. The consignor is responsible for the correctness of the particulars and statements relating to thecargo inrted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier forinrtion in the cargo receipt or for inrtion in the record prerved by the other means referred to inparagraph 2 of Article 4. The foregoing shall also apply where the person acting on behalf of theconsignor 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 theparticulars 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 theconsignor against all damage suffered by it, or by any other person to whom the consignor is liable, byreason of the irregularity, incorrectness or incompleteness of the particulars and statements inrtedby the carrier or on its behalf in the cargo receipt or in the record prerved by the other meansreferred to in paragraph 2 of Article
4.
Article11 Evidentiary Value of Documentation
1. The air waybill or the cargo receipt is prima facie evidence of the conclusion of the contract, of theacceptance 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 packingof the cargo, as well as tho relating to the number of packages, are prima facie evidence of the factsstated; tho relating to the quantity, volume and condition of the cargo do not constitute
evidenceagainst the carrier except so far as they both have been, and are stated in the air waybill or the cargoreceipt to have been, checked by it in the prence of the consignor, or relate to the apparentcondition of the cargo.
Article12 Right of Disposition of Cargo
1. Subject to its liability to carry out all its obligations under the contract of carriage, the consignor hasthe right to dispo of the cargo by withdrawing it at the airport of departure or destination, or bystopping it in the cour of the journey on any landing, or by calling for it to be delivered at the place ofdestination or in the cour 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 exerci this rightof disposition in such a way as to prejudice the carrier or other consignors and must reimbur anyexpens occasioned by the exerci of this right.
2. If it is impossible to carry out the instructions of the consignor, the carrier must so inform theconsignor forthwith.
3. If the carrier carries out the instructions of the consignor for the disposition of the cargo withoutrequiring the production of the part of the air waybill or the cargo receipt delivered to the latter,
thecarrier will be liable, without prejudice to its right of recovery from the consignor, for any damage whichmay be caud thereby to any person who is lawfully in posssion of that part of the air waybill or thecargo receipt.
4. The right conferred on the consignor ceas at the moment when that of the consignee begins inaccordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or cannot becommunicated with, the consignor resumes its right of disposition.
Article13 Delivery of the Cargo母亲节英文
1. Except when the consignor has exercid its right under Article 12, the consignee is entitled, onarrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, onpayment of the charges due and on complying with the conditions of carriage.
2. Unless it is otherwi agreed, it is the duty of the carrier to give notice to the consignee as soon asthe cargo arrives.
3. If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of vendays after the date on which it ought to have arrived, the consignee is entitled to enforce against thecarrier the rights which flow from the contract of carriage.
Article14 Enforcement of the Rights of Consignor and Consignee
The consignor and the consignee can respectively enforce all the rights given to them by Articles 12and 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 impod by the contract of carriage.
Article15 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 witheach other or the mutual relations of third parties who rights are derived either from the consignor orfrom the consignee.
2. The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill orthe cargo receipt.
Article16 Formalities of Customs, Police or Other Public Authorities
1. The consignor must furnish such information and such documents as are necessary to meet theformalities of customs, police and any other public authorities before the cargo can be delivered to theconsignee. The consignor is liable to the carrier for any damage occasioned by the abnce,in生活大爆炸第七
sufficiency or irregularity of any such information or documents, unless the damage is due to thefault of the carrier, its rvants or agents.
2. The carrier is under no obligation to enquire into the correctness or sufficiency of such informationor documents.
Chapter III:Liability of the Carrier and Extent of Compensation for Damage
Article17 Death and Injury of Pasngers - Damage to Baggage
1. The carrier is liable for damage sustained in ca of death or bodily injury of a pasnger uponcondition only that the accident which caud the death or injury took place on board the aircraft or inthe cour of any of the operations of embarking or dimbarking.
2. The carrier liable for damage sustained in ca of destruction or loss of, or of damage to, checkedbaggage upon condition only that the event which caud the destruction, loss or damage took placeon board the aircraft or during any period within which the checked baggage was in the charge of thecarrier. However, the carrier is not liable if and to the extent that the damage resulted from theinherent defect, quality or vice of the baggage. In the ca of unchecked baggage, including
personalitems, the carrier is liable if the damage resulted from its fault or that of its rvants or agents.
3. If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived atthe expiration of twenty-one days after the date on which it ought to have arrived, the pasnger intitled to enforce against the carrier the rights which flow from the contract of carriage.
4. Unless otherwi specified, in this Convention the term "baggage" means both checked baggageand unchecked baggage.
Article18 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 caud the damage so sustained took place during thecarriage by air.
2. However, the carrier is not liable if and to the extent it proves that the destruction, or loss of, ordamage 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 rvants oragents;
(c) an act of war or an armed conflict;
(d) an act of public authority carried out in connection with the entry, exit or transit of the cargo.
3. The carriage by air within the meaning of paragraph 1 of this Article compris the period duringwhich 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 a or by inlandwaterway performed outside an airport. If, however, such carriage takes place in the performance of acontract for carriage by air, for the purpo of loading, delivery or transhipment, any damage ispresumed, subject to proof to the contrary, to have been the result of an event which took place duringthe carriage by air. If a carrier, without the connt of the consignor, substitutes carriage by anothermode of transport for the whole or part of a carriage intended by the agreement between the parties tobe carriage by air, such carriage by another mode of transport is deemed to be within the period ofcarriage by air.
Article19 Delay
The carrier is liable for damage occasioned by delay in the carriage by air of pasngers, baggage orcargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that itand its rvants and agents took all measures that could reasonably be required to avoid the damageor that it was impossible for it or them to take such measures.
Article20 Exoneration
If the carrier proves that the damage was caud or contributed to by the negligence or other wrongfulact or omission of the person claiming compensation, or the person from whom he or she derives hisor her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to theextent that such negligence or wrongful act or omission caud or contributed to the damage. Whenby reason of death or injury of a pasnger compensation is claimed by a person other than thepasnger, the carrier shall likewi be wholly or partly exonerated from its liability to the extent that itproves that the damage was caud or contributed to by the negligence or other wrongful act oromission of that pasnger. This Article applies to all the liability provisions in this Convention,including paragraph 1 of Article 21.
Article21 Compensation in Ca of Death or Injury of Pasngers
1. For damages arising under paragraph 1 of Article 17 not exceeding 100,000 Special DrawingRights for each pasnger, 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 thatthey exceed for each pasnger 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 itsrvants or agents; or
(b) such damage was solely due to the negligence or other wrongful act or omission of a third party.
Article22 Limits of Liability in Relation to Delay, Baggage and Cargo
thailand1. In the ca of damage caud by delay as specified in Article 19 in the carriage of persons, theliability of the carrier for each pasnger is limited to 4,150 Special Drawing Rights.
2. In the carriage of baggage, the liability of the carrier in the ca of destruction, loss, damage ordelay is limited to 1,000 Special Drawing Rights for each pasnger unless the pasnger has made,at the time when the checked baggage was handed over to the carrier, a special declaration ofinterest in delivery at destination and has paid a supplementary sum if the ca so requires. In that
ca the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that thesum is greater than the pasnger's actual interest in delivery at destination.
3. In the carriage of cargo, the liability of the carrier in the ca of destruction, loss, damage or delay islimited to a sum of 17 Special Drawing Rights per kilogram, unless the consignor has made, at thetime when the package was handed over to the carrier, a special declaration of interest in delivery atdestination and has paid a supplementary sum if the ca so requires. In that ca the carrier will beliable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than theconsignor's actual interest in delivery at destination.
