The Montreal Convention

 

 

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

of 28 May 1999 r. (Dz.U. 2007 No. 37, Item. 235)

On behalf of the Polish Republic

PRESIDENT OF THE REPUBLIC OF POLISH

publicly announces:

On 28 May 1999 r. was done at Montreal Convention for the Unification of Certain Rules Relating to International Carriage by Air, The following:

Translation

CONVENTION

for the Unification of Certain Rules Relating to International Carriage by Air

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 r., hereinafter referred to as “the Warsaw Convention”, and other related documents on the harmonization of private international law,

RECOGNIZING the need to modernize and consolidate the Warsaw Convention and related documents,

RECOGNIZING the importance of ensuring protection of consumer interests in international air transport and the need for equitable relief by way of compensation for the damage,

AFFIRMING the quest for orderly development of international air transport and undisturbed transport 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 r.,

BEING CONVINCED, states that common action for further harmonization and codification of certain rules governing international carriage by air through a new Convention is the most appropriate means of achieving an equitable balance of interests,

agreed, The following:

 

Chapter I. General provisions

 

Article 1.

 

Scope

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 enterprise.

2. For “international transport” for the purposes of this Convention shall be any carriage, in which, accordance with the agreement of the parties, place of departure and destination, regardless of the, whether it was a break in the carriage or aircraft or not, are located either on the territory of two States Parties, or on the territory of one state only the, If the contract provides for land on the territory of another State, even a non-member party. The carriage without such a landing between two points within the territory of one country only is not considered the international carriage for the purposes of this Convention.

3. Transport, to be performed by two or more successive carriers, considered in applying the Convention as a single operation, if it has been regarded by the parties as a single operation, regardless of the, whether this has been agreed in the form of a single contract or several contracts, and does not lose its international character and thus, one contract or series of contracts to be performed entirely within the territory of the same State.

4. This Convention shall also apply to the carriage referred to in Chapter V, Subject to the provisions contained therein.

Article 2.

Carriage Performed by State and carriage of mail

1. This Convention applies to carriage performed by the State or by legally constituted public, he fulfills the conditions set out in Article 1.

2. In the carriage of postal items the carrier shall be liable only to the postal administration in accordance with the rules applicable in relations between the carriers and the postal administrations.

3. The provisions of this Convention, with the exception of the provisions of paragraph 2 this article, does not apply to the carriage of postal items.

Chapter II. Documents and obligations relating to the carriage of passengers, baggage and cargo

Article 3.

Passengers and baggage

1. In the carriage of passengers shall be an individual or collective document of carriage containing the:

a) indication of the places of departure and destination,

b) if the place of departure and destination are within the territory of States Parties, and one or more agreed stopping places being within the territory of another Member, indication of at least one such stopping place.

2. Instead of issuing the document, referred to in paragraph 1, You can use any other means of securing the information referred to in that paragraph. If such a different way, the carrier shall offer to release the passenger a written statement of the information so preserved.

3. The carrier shall deliver to the passenger coupon identification for each piece of checked baggage.

4. The passenger shall be given written notice to that, that when this Convention shall apply, it governs and may limit the liability of carriers in the event of death, bodily or health and for destruction, loss of or damage to luggage and for delay.

5. Failure to comply with the provisions of the preceding paragraphs shall not prejudice or the existence of, or the validity of the contract of carriage, which nevertheless will be subject to this Convention, including those relating to limitation of liability.

Article 4.

Goods

1. In the carriage of goods must be issued an air waybill.

2. Instead of issuing the air waybill, you can use any other means of securing information concerning the intended transportation. If such a different way, the carrier shall, if requested by the sender, deliver to the consignor a cargo receipt permitting identification of the consignment and access to information secured by such other means.

Article 5.

Contents of air waybill and cargo receipt

The air waybill or the cargo receipt shall include the:

a) indication of the places of departure and destination,

b) if the point of departure and destination are within the territory of one State Party, and one or more agreed stopping places being within the territory of another Member, indication of at least one such stopping place, and

c) mark weight of the shipment.

 

Article 6.

The document concerning the type of commodity

The sender may be required to issue a document indicating the type of product, if it is needed to fulfill customs formalities, police and similar public authorities required by the. This provision creates for the carrier no duty resulting, obligation or liability.

 

Article 7.

Description of air waybill

1. The air waybill shall be made by the consignor in three original.

2. The first part shall be marked “for the carrier”; signed by the consignor. The second part shall be marked “the recipient”; signed by the consignor and the carrier. The third copy signed by the carrier and transmits it to the consignor after the goods.

3. Signature of transporter, as well as the sender, may be printed or stamped.

4. If, at the request of the consignor, the carrier makes out the air waybill, carrier shall be deemed to, until evidence to the contrary, for acting on behalf of the consignor.

Article 8.

Documents relating to more than one package

If more than one package:

a) carrier has the right to require the consignor to make out separate air waybills,

b) consignor has the right to require the carrier to deliver separate cargo receipts, If you used other methods provided for in paragraph 2 Article 4.

Article 9.

Failure to meet the requirements for documents

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

Article 10.

Responsibility for the information contained in documents

1. The sender is responsible for the accuracy and declarations relating to the goods, posted by him or on his behalf in the air waybill or indicated by him or on his behalf to the carrier to enter the cargo receipt or in the information preserved by the other methods provided for in paragraph 2 Article 4. These provisions shall also apply in the case, the person acting on behalf of the consignor is also the agent of the carrier.

2. The sender shall be liable for any damage suffered by the carrier or by any other person, to which the carrier is liable, due to irregularities, inaccurate or incomplete data, and the declaration by the consignor or on its behalf.

3. Subject to the provisions of paragraphs 1 i 2 this article the carrier is liable for any damage suffered by the sender or by any other person, to whom the responsibility of the sender, due to irregularities, inaccuracy 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 methods, referred to in paragraph 2 Article 4.

Article 11.

Evidentiary Value of Documentation

1. The air waybill or the cargo receipt is, until the contrary is proved, evidence of the contract, and receipt of goods specified in the conditions of carriage.

2. The air waybill or the credentials to accept the goods of the weight, dimensions and packing of goods, and the number of packages are, until the contrary is proved, proof of the facts stated; data on the quantity, volume and condition of the goods constitute evidence against the carrier except so, if their check was made by him in the presence of the sender and found in the air waybill or the cargo receipt, or relate to the condition of the cargo.

Article 12.

The right of disposal over

1. The sender has the right, provided they meet all their obligations under the contract of carriage, dispose of goods, or by withdrawing it at the airport of departure or destination, or stopping it at an intermediate landing, or it to be delivered at the destination or at the landing site to a person other than the consignee originally designated, or demanding its return to the airport of departure. The sender can not exercise that right in a manner to prejudice the carrier or other consignors and must reimburse any costs arising from the exercise of this right.

2. If the execution of the sender is not, carrier shall immediately notify the sender.

3. If the carrier carries out the sender's instructions, without requiring the production of the air waybill or cargo receipt confirmation, which was delivered to the sender, the carrier is liable, subject to recourse to the sender, for any damage, which may thus arise for the, who is in lawful possession of the air waybill or the cargo receipt.

4. Law expires at the time the sender that of the consignee in accordance with Article 13. However, if the consignee declines to accept the cargo, or if you can not communicate with him, the consignor resumes its right of disposal.

Article 13.

Release of the goods

1. Except as, when the sender has done to him by the right of the article 12, recipient has the right, upon the arrival of the goods to the destination, require the carrier to deliver to him goods on payment of the amounts due and fulfilling the conditions of carriage.

2. If not otherwise agreed, the carrier must notify the consignee upon arrival of the goods.

3. If the loss of the goods has been granted by the carrier or if the goods have not arrived after seven days of, which was scheduled to arrive, the recipient can enforce against the carrier any rights arising under the contract of carriage.

Article 14.

Enforcement of the sender and recipient

The sender and receiver, each in its own name, may enforce any rights conferred on them respectively in Articles 12 i 13 regardless of the, or act in their own interests, or in the interest of another person, subject to compliance with its obligations under the contract of carriage.

Article 15.

The relationship between the sender and recipient and between third parties

1. Articles 12, 13 i 14 in no way affect either the relations between the sender and receiver, or the mutual relations of third parties, whose rights are derived either from the sender, or from the recipient.

2. Any conditions deviating from the provisions of Articles 12, 13 i 14 should be recorded in the air waybill or the cargo receipt.

Article 16.

Customs formalities, police and other public authorities

1. The consignor must furnish such information and documents, that are needed before a product recipient to complete the customs formalities, police and any other public authorities. The sender is liable to the carrier for any damage, that might arise from the lack of, insufficiency or irregularity of any such information or documents, unless the damage was caused by the fault of the carrier or the person acting for him.

2. Carrier is not obliged to investigate, whether such information and documents are correct or sufficient.

Chapter III. The carrier's liability and extent of compensation for damage

Article 17.

Death, injury to health and damage to the passenger and baggage

1. The carrier is liable for damage sustained in case of death or injury to health or the passenger, If only the event, that caused death, bodily injury or health, took place on board the aircraft or during any operations of embarking or disembarking.

2. The carrier is liable for damage sustained in case of destruction, lost or damaged baggage, If only the event, which caused the destruction, loss or damage, took place on board the aircraft or during, the registered luggage was under the charge of the carrier. However, the carrier is not liable if and to the, the injury resulted from the inherent, quality or vice of the baggage. In the case of unregistered baggage, including personal items, carrier is liable, if the damage was his fault or the fault of the people working for him.

3. If the loss of registered baggage has been granted by the carrier or registered baggage has not arrived at the end of twenty-one days from the date of, which should come, passenger may assert his rights under the contract of carriage.

4. As used in this Convention the term “luggage” is, unless otherwise stated, both hold baggage, as well as registered luggage.

Article 18.

Damage to Cargo

1. The carrier is liable for damage sustained in case of destruction, loss of or damage to the goods, If only the event, that caused such damage, took place during the carriage by air.

2. However, the carrier is not liable if and to the, in which he proves, that destruction, loss or damage was caused by one or more of the following:

a) The nature of, quality or defect of its own goods,

b) defective packing of that cargo performed by a person other than the carrier or a person acting for him,

c) acts of war or armed conflict,

d) operation of public authorities relating to importation, export or transit of goods.

3. Carriage by air within the meaning of paragraph 1 this article covers the period, where the product is in the charge carrier.

4. The period of carriage does not include land transport, sea ​​or inland waterways, performed outside an airport. However, if such carriage is performed in completing the contract for air transport to load, delivery or handling, there is a presumption, subject to proof to the contrary, that any damage resulted from an event, which took place during the carriage by air. If the carrier without the consent of the sender replaces all or part of carriage, which according to the agreement between the parties to be carriage by air, carriage by another mode of transport, such carriage by another mode of transport shall be considered as taking place during the carriage by air.

Article 19.

Delay

The carrier is liable for damage occasioned by delay in the carriage of passengers, baggage or cargo. However, the carrier is not liable for damage occasioned by delay, if proved, that he and persons acting for him, they took measures, what would be expected, in order to avoid damage, or that the taking of such measures was impossible for them.

Article 20.

Exoneration

If the carrier proves, that the damage was caused or contributed to by the negligence or wrongful act or omission of the person or persons claiming compensation, from whom he derives his rights, carrier shall be relieved of liability to that person in whole or in part in the, the extent that such negligence or wrongful act or omission caused the damage or contributed to by the. If by reason of death, bodily or health of a passenger claimed by a person other than a passenger, the carrier shall likewise be exempt from liability, in whole or in part in the, in what proved, that the damage was caused or contributed to by the negligence or wrongful act or omission of that passenger. This Article applies to all provisions of the Convention on liability, including paragraph 1 Article 21.

Article 21.

Compensation for death, injury to health or the passenger

1. The carrier shall not exclude or limit its liability for damages arising under paragraph 1 Article 17, and not exceeding 100 000 Special Drawing Rights for each passenger.

2. In terms of, the extent of injury as provided in paragraph 1 Article 17 outweigh 100 000 Special Drawing Rights for each passenger, carrier is not liable, if he proves, that:

a) such damage was not due to the negligence or wrongful act or omission of the carrier or the operating, or

b) such damage was solely due to the negligence or other wrongful act or omission of a third party.

Article 22.

Limitation of Liability for delay, baggage and cargo

1. In case of damage caused by delay in the carriage of passengers, referred to in Article 19, the carrier's liability for each passenger is limited to 4 150 Special Drawing Rights.

2. In the carriage of baggage, the liability of the carrier in case of destruction, loss, damage or delay is limited to 1 000 Special Drawing Rights for each passenger, except in the case, the passenger at the time of the donation of registered baggage carrier, a special declaration of interest in delivery at destination and has paid an additional fee, if required. In this case, the carrier must pay an amount not exceeding the amount declared, unless proved, that is greater than the passenger's actual interest in delivery.

3. In the carriage of goods carrier's liability in case of destruction, disappearance, damage or delay is limited to the amount 17 Special Drawing Rights per kilogram, except in the case, the sender at the time of the donation of goods to the carrier, a special declaration of interest in delivery and pay the additional fee, if required. In this case, the carrier shall pay an amount not exceeding the amount declared, unless proved, that is greater than the consignor's actual interest in delivery.,

4. In the case of destruction, disappearance, damage or delay of goods or any part of an object, as a basis for determining the amount of limiting the liability of the carrier accepts only the total weight of package or packages, where the damage concerns. However, if the destruction, loss, damage or delay of goods or part of an object affects the value of other packages covered by the same Air Waybill or certification of the origin of the goods or – if she fails to – the same record preserved by different routes provided for in paragraph 2 Article 4, total weight of such packages are also taken into account in determining the limits of liability.

5. The provisions of paragraphs 1 i 2 this Article shall not apply, if it is proved, that the damage was caused by an act or omission of the carrier or the person acting for him, made with intent to cause damage or recklessly and with knowledge that damage would probably result, while in the case of acts or omissions of persons acting as the carrier must also be proven, had acted within the scope of their functions.

6. The restrictions provided for in Article 21 and in this article do not preclude the award of an additional court, under its own law, court costs and other litigation costs incurred by the plaintiff, including interest. This provision shall not apply, if the amount of damages awarded, excluding court costs and other costs of the process, not exceed the amount, that the carrier offered the claimant in writing within six months from the date of the event, causing the damage, either before legal proceedings, if that is later.

Article 23.

Conversion of Monetary Units

1. The amounts in this Convention as special drawing rights refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion of the sums into national currencies in cases before the courts, must be interpreted according to the value of the currency units in Special Drawing Rights at the date of judgment. The value of national currency unit to the State which is a member of the International Monetary Fund Special Drawing Right is calculated by the method of converting the currency used by the International Monetary Fund for its operations and transactions on the day of judgment. The value of national currency unit to a non-member States Parties to the International Monetary Fund Special Drawing Right is calculated in the manner specified by the State.

2. However, States Parties are not members of the International Monetary Fund, which the law does not permit the application of the provisions of paragraph 1, may, at the time of ratification or accession or at any later time declare, that in cases before the courts on its territory limit the liability of the carrier prescribed in Article 21 at the amount of 1 500 000 monetary units per passenger; 62 500 monetary units per passenger with respect to paragraph 1 Article 22; 15 000 monetary units per passenger with respect to paragraph 2 Article 22; and 250 monetary units per kilogram in the case referred to in paragraph 3 Article 22. This monetary unit corresponds to sixty-five and a half milligrams of gold nine hundred attempts. The conversion of these sums into national currency unit is made in accordance with the law of the State.

3. The calculation mentioned in the last sentence of paragraph 1 this Article and the conversion set forth in paragraph 2 that article is done in such a way, to express in monetary units in the country as far as possible the same real value of the amounts referred to in Articles 21 i 22, would result from the application of the first three sentences of paragraph 1 this article. Your hand when depositing its instrument of ratification, adoption, approval of this Convention or accession thereto shall notify the depositary of the calculation under paragraph 1 this Article or the result of conversion as provided in paragraph 2 the same article, as the case, and changes in this area, soon take place.

Article 24.

Review of Limits

1. Subject to the provisions of Article 25 this Convention and subject to paragraph 2 below, limitation of damages provided in the articles 21, 22 i 23 are reviewed by the depositary five years, the first such review will take place at the end of the fifth year after entry into force of this Convention or – Convention had not entered into force within five years from the first day, which was opened for signature – during the first year of its entry into force, using an inflation factor corresponding to the rate of inflation since the previous revision or for the first time from the date the Convention enters into force. The basis for determining the rate of inflation in order to determine the inflation rate is the weighted average value of the annual rates of increase or decrease in consumer price indexes states, whose currencies are included in the Special Drawing Right, referred to in paragraph 1 Article 23.

2. If the review, referred to in the preceding paragraph, shows the inflation rate higher than 10 percentage, The Depositary shall notify States Parties to the revision of the limits of liability. Any such revision shall begin to have effect six months after its notification to the States Parties. If within three months of its notification to the States Parties a majority of the States Parties notify her lack of consent, revision does not begin to have effects, and the custodian shall refer the matter Assembly of States Parties. Entry into force of any revision shall be immediately notified by the Depositary to States Parties.

3. Notwithstanding paragraph 1 this article, procedure provided for in paragraph 2 this Article shall apply at any time provided, states that a third party so wishes, and provided, that the rate of inflation, referred to in paragraph 1 exceeded 30 percent since the previous revision or since the entry into force of this Convention, if there was an earlier revision. Subsequent reviews using the procedure described in paragraph 1 this Article shall take place at intervals of five years from the end of the fifth year following the date of the revision made under this paragraph.

Article 25.

Stipulation on limits of liability

The carrier may make an, that in relation to the contract of carriage shall be higher than the limits of liability provided for in this Convention or not to apply any limitations of liability.

Article 26.

Invalidity of contractual provisions

Any contractual provision tending to relieve the carrier of liability or to fix a lower limit than that provided for in this Convention shall be null and non-legal consequences, However, the invalidity of such provision shall not invalidate the whole contract, which shall remain subject to the provisions of this Convention.

Article 27.

Freedom of contract

Nothing in this Convention shall prevent the carrier to refuse to conclude an agreement, waiving any defenses permitted by the Convention or impose conditions, which are not inconsistent with the provisions of this Convention.

Article 28.

Payment of advances

In the case of aircraft accidents resulting in death or bodily injury or health of passengers the carrier, if required by its national law, should without delay make an advance payment to an individual or individuals, entitled to claim compensation, to meet immediate economic needs of these people. Payment of such advances shall not constitute recognition of liability, They can also be deducted from the amounts paid by the carrier for damages.

Article 29.

Basis of claims

In the carriage of passengers, baggage and cargo, any claim compensation of any kind, under this Convention, under the contract, in tort, or on any other basis, can take place only under conditions and limits of liability specified in the Convention, which does not prejudge the determination of persons entitled to bring suit and powers of each. In any such claims for damages are not punitive, exemplary or any other tonnage achieved not by repairing the actual damage.

 

Article 30.

Persons acting as a carrier and the total amount of claims

1. In the event of claims against a person acting as a carrier, following the injury to which the Convention, such a person, unless he proves, that it acted in the execution of their employment, may rely on the conditions and limitations of liability, which under this Convention may be relied on carrier.

2. The total amount of compensation, which in this case can be obtained from the carrier, its servants and acting, not exceed those limitations.

3. Except in the case of freight, provisions of paragraphs 1 i 2 this Article shall not apply, it is proved, that the damage resulted from an act or omission by a person acting as a carrier, committed with intent to cause damage or recklessly and with knowledge that damage would probably result.

Article 31.

Timely Notice of Complaints

1. Adoption of registered baggage or cargo without reservation by the person entitled to receive a presumption of, subject to proof to the contrary, luggage and goods that were delivered in good condition and in accordance with the transport document or record preserved otherwise provided in paragraph 2 Article 3 and paragraph 2 Article 4.

2. The person should be entitled to receive a damage claim reported to the carrier immediately after discovery and no later than 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 goods. In case of delay complaint must be notified not later than twenty-one days from the date, in which the luggage or goods have been made available to the person.

3. Every complaint must be made in writing and delivered or sent to the times aforesaid.

4. If no objection is raised by the above dates, No action may be taken against the carrier except in case of fraud on his part.

Article 32.

Death of person liable

In the event of death of the person responsible may be asserted claims pursuant to the provisions of this Convention in respect of its successors.

Article 33.

Jurisdiction

1. An action for damages must be paid, plaintiff's choice, the territory of any State party or the court where the carrier or the principal place of business or place of, where it has a base, through which the contract was concluded, or to the court the place of destination.

2. With respect to damage caused by death or bodily injury or health claim may be brought passenger one of the courts referred to in paragraph 1 this Article or in the territory of States Parties, in which a passenger during the accident was the main and permanent residence and to which or from which the carrier operates flights or aircraft of their own, or under a commercial agreement of another carrier's aircraft, in which the carrier operates air transportation of passengers, from premises leased or owned by him or by another carrier, which has a commercial agreement.

3. For the purposes of paragraph 2:

a) “trade agreement” means an agreement other than an agency agreement, made between carriers and for their joint services for carriage of passengers,

b) “principal or permanent residence” means the one fixed and permanent abode of the passenger during the accident. Citizenship is not a passenger at the decisive factor.

4. The procedure is governed by the court, seised.

Article 34.

Arbitration

1. Subject to the provisions of this Article, the contract of carriage of goods may provide in the contract, that any dispute concerning the carrier's liability under this Convention shall be settled by arbitration. Such determination shall be made in writing.

2. The arbitration proceedings shall at the option of the plaintiff in one of the sites fall within the jurisdiction of the courts provided for in Article 33.

3. The arbitrator or arbitration tribunal shall apply the provisions of this Convention.

4. The provisions of paragraphs 2 i 3 this article will be regarded as forming part of every arbitration clause or arbitration agreement, and any conditions of such clause or agreement inconsistent with these provisions shall be considered as null and non-legal consequences.

Article 35.

Limitation of Actions

1. The right to claim compensation expires, if action is not brought within two years, from the date of arrival at destination or from the date, where the aircraft was scheduled to arrive, or from the, in which the carriage stopped.

2. The method of calculating that period shall be determined by a court of law, seised.

Article 36.

Successive carriers

1. In the case of transport, to be performed by various successive carriers, and meets the requirements of paragraph 3 Article 1, each carrier which accepts passengers, baggage or cargo is subject to the rules laid down in this Convention and is considered one of the parties to the contract of carriage, in which the contract relates to the carriage which is performed under its control.

2. In the event of such transportation, the passenger, and each person entitled to compensation for a passenger may refer an action only against the carrier, which performed the carriage, during which the accident or the delay occurred, unless by express agreement, the first carrier took responsibility for the entire carriage.

3. As regards baggage or cargo, passenger or consignor may bring an action against the first carrier, and the passenger and the recipient entitled to receive may bring an action against the last carrier, and each of them can also bring an action against the carrier, which performed the carriage, during which the destruction took place, loss, damage or delay. These carriers will be jointly and severally liable with respect to passenger, sender or recipient.

Article 37.

Recourse

This Convention shall in no way prejudge the question of, whether a person liable for damage in accordance with the provisions of this Convention, 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 means of transport, provisions of this Convention shall apply, subject to paragraph 4 Article 18, only to air transportation, if at the same time it satisfies the conditions laid down in article 1.

2. Nothing in this Convention shall prevent the parties, in the case of combined carriage, inclusion in the document of air carriage conditions relating to other modes of transport, provided that the provisions of this Convention in respect of the carriage.

Chapter V. Carriage by Air Performed by a person other than the contracting carrier

Article 39.

Contracting carrier and actual carrier

The provisions of this chapter shall apply in the case, when one person (hereinafter referred to as “contracting carrier”) enters into a contract of carriage governed by this Convention with a passenger or consignor or person acting on their behalf, and another person (hereinafter referred to as “the actual carrier”) performs all or part of the carriage on the basis of the authorization granted by the contracting carrier, but not in relation to that part of the transport carrier further the purposes of this Convention. Is presumed, with the possibility of proof to the contrary, existence of that authority.

Article 40.

Liability of contracting and actual carrier

If an actual carrier performs the whole or part of the 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 be, if this section otherwise, provisions of this Convention – first for the whole of the carriage contemplated in the agreement, second only to transportation, which performs.

Article 41.

Shared responsibility

1. The activities of the actual carrier and persons acting for him in the performance of their duties shall be treated in relation to the carriage performed by the actual carrier, as if they were the actions of the contracting carrier.

2. The actions of the contracting carrier and the people working for him in the performance of their duties shall be treated in relation to the carriage performed by the actual carrier, as if they were the actions of the actual carrier. However, no such act or omission shall subject the actual carrier to liability exceeding the amounts provided in the articles 21, 22, 23 i 24. No special agreement, under which the contracting carrier assumes obligations not imposed by this Convention, or waiver granted by the Convention rights and to defend, or a special declaration of interest in delivery provided for in article 22 will have no effect against the actual carrier, unless he does not consent.

Article 42.

Addressing Command and reservations

All commands and concerns addressed in accordance with this Convention to the carrier are equally effective regardless of, whether they are directed to the contracting carrier, or to the actual carrier. However, the instructions referred to in article 12 are effective only, if it were addressed to the contracting carrier.

Article 43.

Persons acting as a carrier

In the case of carriage performed by the actual carrier, any person acting for him, if he proves, that it acted within the scope of its functions, may rely on the conditions and limitations applicable under this Convention to the carrier, for the work, unless it is proved, that it acted in a manner which excludes the possibility of relying on the limitation of liability under the Convention.

Article 44.

The total amount of compensation

In relation to the carriage performed by the actual aggregate amount of compensation, which may be obtained from the contracting carrier, the actual carrier and the people behind them in the fields of their functions, not exceed the highest amount, which could be obtained in accordance with this Convention or the contracting carrier, or the actual carrier, However, none of the persons mentioned in this article shall not be liable in excess of the limit applicable to that person.

Article 45.

Targeting action

In relation to the carriage performed by the actual carrier, an action for damages may be brought, plaintiff's choice, against that carrier or against the contracting carrier, or against any of these carriers together or separately. If the action was directed against only one of these carriers, carrier shall have the right to require the other carrier to court, seised, with the behavior and effects of indemnification shall be determined by the law of the court.

Article 46.

Additional jurisdiction

Any action for damages provided for in article 45 must be made, plaintiff's choice, the territory of the parties or one of the courts, which according to Article 33 You can sue the contracting carrier, or to the court of the place of residence or principal place of business of the actual carrier.

Article 47.

Invalidity of contractual provisions

Any contractual provision tending to relieve the contracting carrier or actual carrier of liability under this chapter or to fix a lower limit than that applied in accordance with this section shall be null and non-legal consequences, However, the invalidity of such provision shall not invalidate the whole contract, which shall remain subject to the provisions of this Chapter.

Article 48.

Mutual relations of contracting and actual carriers

Subject to Article 45, Nothing in this section shall affect the rights and obligations between the same carriers, including the right of recourse or indemnity coverage.

Rozdział VI. Other provisions

Article 49.

Absolute validity

Any clause or any contract of carriage entered into before the damage to specific contracts, which the parties purport to apply the principles set forth in this Convention or by determining the right, to be applied, or by changing the rules of jurisdiction.

Article 50.

Insurance

States Parties shall require their carriers to enter into contracts of insurance covering liability of carriers covered by this Convention. State party, to which the carrier operates flights, may require the carrier to provide proof of adequate insurance policy covering the liability referred to in the Convention.

Article 51.

Carriage performed in extraordinary circumstances

The provisions of Articles 3 do 5, 7 i 8 the documentation of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal operations of the air carrier.

Article 52.

Definition of Days

Expression “days” used in the present Convention refers to calendar days, and not working days.

Chapter VII. Final Provisions

Article 53.

Signature, ratification and entry into force

1. This Convention is open in Montreal on 28 May 1999 r. for signature by States participating in the International Conference on Air Law, held in Montreal from the 10 do 28 May 1999 r. After a day 28 May 1999 r. Convention shall be open for signature by all States at the headquarters of the International Civil Aviation Organization in Montreal, until it enters into force in accordance with paragraph 6 this article.

2. Similarly, the Convention shall be open for signature by regional economic integration organizations. According to the application of this Convention “regional economic integration organization” shall mean any organization constituted by sovereign States of a given region, which has competence in certain matters regulated by this Convention and has been duly authorized to sign, ratify, adoption, approval of this Convention or to accede to it. Except as provided in paragraph 2 Article 1, punktu b) paragraph 1 Article 3, punktu b) Article 5, Articles 23, 33 i 46 and point b) Article 57, any provision for “States Parties” or “States Parties” this Convention shall also apply to regional economic integration organizations. In accordance with Article 24 provisions relating to “majority of States Parties” i “one-third of the States Parties” does not apply to regional economic integration organizations.

3. The present Convention shall be subject to ratification by States and regional economic integration organizations, Signatory.

4. Any State or regional economic integration organization, have not signed this Convention, may accept, approve or accede to it at any time.

5. Documents relating to the ratification, adoption, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated the Depositary.

6. The present Convention shall come into force on the sixtieth day after the deposit of the thirtieth instrument of ratification, adoption, approval or accession, between states, have deposited such instruments. In applying this paragraph does not count the documents submitted by regional economic integration organizations.

7. In relation to other countries and other regional economic integration organizations present Convention shall apply from the sixtieth day after the deposit of its instrument of ratification, adoption, approval or accession.

8. The Depositary shall promptly notify all signatories and States Parties:

a) any signature of this Convention and date thereof,

b) the deposit of any instrument of ratification, adoption, approval or accession and date thereof,

c) date of entry into force of this Convention,

d) date of entry into force of any revision of the limits of liability determined in accordance with this Convention,

and) Any denunciation under article 54.

Article 54.

Termination

1. Any State Party may denounce this Convention by written notification to the depositary.

2. The termination is effective after one hundred eighty days from the date of, in which the depositary receives the notification.

Article 55.

Relationship with other Warsaw Convention

This Convention takes precedence over any provisions applicable to international air transport:

1) between States Parties to this Convention by virtue of, they are also Parties:

a) Convention for the Unification of Certain Rules Relating between the ancestral air transport, signed in Warsaw on 12 October 1929 r. (hereinafter referred to as the Warsaw Convention),

b) Protocol amending the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on 12 October 1929 r., done at The Hague on 28 September 1955 r. (hereinafter the Hague Protocol),

c) 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 r. (hereinafter called the Guadalajara Convention),

d) Protocol amending the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on 12 October 1929 r., amended by the Protocol done at The Hague on 28 September 1955 r., signed in Guatemala on 8 mark 1971 r. (hereinafter referred to as the Memorandum of Guatemalan);

and) No additional protocols 1 do 3 and the Montreal Protocol No. 4 amending the Warsaw Convention as amended by Hague Protocol or the Warsaw Convention as amended by the Hague protocols, and the Guatemalan, Signed at Montreal on 25 September 1975 r. (hereinafter called the Montreal Protocols), or

2) the territory of any State Party to this Convention by virtue of, that the country is party to one or more documents, referred to above in points and) do and).

Article 56.

States with more than one system of law

1. If you have more than one political subdivision in which different systems of law are applicable in matters regulated by this Convention, it may at the time of signature, ratification, adoption, approval or accession, that this Convention shall apply to all its territorial units or only to one or some of these units, and may at any time modify this declaration by submitting another declaration.

2. Any such declaration shall be notified to the depositary and shall state expressly the territorial units, to which it relates.

3. In respect of States Parties, having made such a statement:

a) provisions of Article 23 on “national currency” be construed as referring to the currency of the relevant territorial unit of that State and

b) provisions of Article 28 on “national law” will be interpreted as referring to the law of the relevant territorial unit of that State.

Article 57.

Disclaimer

There may be any objections to this Convention except, that each state party may at any time declare by notification addressed to the depositary, that this Convention does not apply to:

a) international carriage performed directly by the State for non-commercial site in connection with the exercise of its functions and duties of a sovereign state,

b) transport of persons, goods and baggage performed for its military authorities on aircraft registered in that State Party or leased by, whose capacity has been reserved in their entirety by these authorities or on their behalf.

IN WITNESS WHEREOF, the undersigned, duly authorized, signed this Convention.

DONE at Montreal on 28 May one thousand nine hundred and ninety-nine in the English, Arabic, Chinese, French, Russian and Spanish, all texts being equally authentic. This Convention shall be deposited in the archives of the International Civil Aviation, and certified copies thereof shall be communicated by the Depositary to all States Parties to the Convention, as well as all States Parties to the Warsaw Convention, Hague Protocol, Convention guadalajarskiej, Guatemalan Protocol and the Montreal Protocols.

After becoming familiar with the said Convention, on behalf of the Polish Republic declare, that:

– it was considered correct in both the total, and each of the provisions contained therein,

– is accepted, ratified and confirmed,

– shall prevail.

In witness whereof this act was, stamped by the Polish Republic.

Given in Warsaw on 6 October 2005 r.