On 28 May r. 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 r. 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. 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.
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On 28 May r. 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 r. 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.
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. 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.
This Convention shall also apply to the carriage referred to in Chapter V, Subject to the provisions contained therein. This Convention applies to carriage performed by the State or by legally constituted public, he fulfills the conditions set out in Article 1.
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. 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. In the carriage of passengers shall be an individual or collective document of carriage containing the:. 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.
The carrier shall deliver to the passenger coupon identification for each piece of checked baggage. 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. 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.
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.
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. The air waybill shall be made by the consignor in three original. The third copy signed by the carrier and transmits it to the consignor after the goods. Signature of transporter, as well as the sender, may be printed or stamped.
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. 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. Responsibility for the information contained in documents. 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. 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. 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.
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. 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.
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. If the execution of the sender is not, carrier shall immediately notify the sender. 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.
Law expires at the time the sender that of the consignee in accordance with Article However, if the consignee declines to accept the cargo, or if you can not communicate with him, the consignor resumes its right of disposal. 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.
If not otherwise agreed, the carrier must notify the consignee upon arrival of the goods. 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. 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.
The relationship between the sender and recipient and between third parties. 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.
Any conditions deviating from the provisions of Articles 12, 13 i 14 should be recorded in the air waybill or the cargo receipt. Customs formalities, police and other public authorities.
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. 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. Death, injury to health and damage to the passenger and baggage.
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. 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. 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.
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.
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:. Carriage by air within the meaning of paragraph 1 this article covers the period, where the product is in the charge carrier. 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.
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.
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 Compensation for death, injury to health or the passenger.
The carrier shall not exclude or limit its liability for damages arising under paragraph 1 Article 17, and not exceeding Special Drawing Rights for each passenger. In terms of, the extent of injury as provided in paragraph 1 Article 17 outweigh Special Drawing Rights for each passenger, carrier is not liable, if he proves, that:. Limitation of Liability for delay, baggage and cargo. 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 Special Drawing Rights.
In the carriage of baggage, the liability of the carrier in case of destruction, loss, damage or delay is limited to 1 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. 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.
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.
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.
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. 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.
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 monetary units per passenger; 62 monetary units per passenger with respect to paragraph 1 Article 22; 15 monetary units per passenger with respect to paragraph 2 Article 22; and monetary units per kilogram in the case referred to in paragraph 3 Article 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. 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.
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 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.
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.
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Konwencja montrealska : komentarz : odpowiedzialność cywilna przewoźnika lotniczego
The Montreal Convention