Chapter II. DOCUMENTATION AND DUTIES OF THE PARTIES RELATING TO THE CARRIAGE OF PASSENGERS,
BAGGAGE AND CARGO
Article 3. Passengers and Baggage
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4 The passenger shall be given written notice to the effect that where this Convention
is applicable it governs and may limit the liability of carriers in respect of death
or injury and for destruction or loss of, or damage to, baggage, and for delay.
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5 Non-compliance with the provisions of the foregoing paragraphs shall not affect the
existence or the validity of the contract of carriage, which shall, nonetheless, be
subject to the rules of this Convention including those relating to limitation of
liability.
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2 Any other means which preserves a record of the carriage to be performed may be substituted
for the delivery of an air waybill. If such other means are used, the carrier shall,
if so requested by the consignor, deliver to the consignor a cargo receipt permitting
identification of the consignment and access to the information contained in the record
preserved by such other means.
Article 5. Contents of Air Waybill or Cargo Receipt
The air waybill or the cargo receipt shall include:
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a) an indication of the places of departure and destination;
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b) if the places of departure and destination are within the territory of a single State
Party, one or more agreed stopping places being within the territory of another State,
an indication of at least one such stopping place; and
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c) an indication of the weight of the consignment.
Article 6. Document Relating to the Nature of the Cargo
The consignor may be required, if necessary, to meet the formalities of customs, police
and similar public authorities to deliver a document indicating the nature of the
cargo. This provision creates for the carrier no duty, obligation or liability resulting
therefrom.
Article 7. Description of Air Waybill
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4 If, at the request of the consignor, the carrier makes out the air waybill, the carrier
shall be deemed, subject to proof to the contrary, to have done so on behalf of the
consignor.
Article 8. Documentation for Multiple Packages
When there is more than one package:
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a) the carrier of cargo has the right to require the consignor to make out separate air
waybills;
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b) the consignor has the right to require the carrier to deliver separate cargo receipts
when the other means referred to in paragraph 2 of Article 4 are used.
Article 9. Non-compliance with Documentary Requirements
Non-compliance with the provisions of Articles 4 to 8 shall not affect the existence or the validity of the contract of carriage, which
shall, nonetheless, be subject to the rules of this Convention including those relating
to limitation of liability.
Article 10. Responsibility for Particulars of Documentation
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2 The consignor shall indemnify the carrier against all damage suffered by it, or by
any other person to whom the carrier is liable, by reason of the irregularity, incorrectness
or incompleteness of the particulars and statements furnished by the consignor or
on its behalf.
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3 Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall
indemnify the consignor against all damage suffered by it, or by any other person
to whom the consignor is liable, by reason of the irregularity, incorrectness or incompleteness
of the particulars and statements inserted by the carrier or on its behalf in the
cargo receipt or in the record preserved by the other means referred to in paragraph 2 of Article 4.
Article 11. Evidentiary Value of Documentation
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2 Any statements in the air waybill or the cargo receipt relating to the weight, dimensions
and packing of the cargo, as well as those relating to the number of packages, are
prima facie evidence of the facts stated; those relating to the quantity, volume and condition
of the cargo do not constitute evidence against the carrier except so far as they
both have been, and are stated in the air waybill or the cargo receipt to have been,
checked by it in the presence of the consignor, or relate to the apparent condition
of the cargo.
Article 12. Right of Disposition of Cargo
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1 Subject to its liability to carry out all its obligations under the contract of carriage,
the consignor has the right to dispose of the cargo by withdrawing it at the airport
of departure or destination, or by stopping it in the course of the journey on any
landing, or by calling for it to be delivered at the place of destination or in the
course of the journey to a person other than the consignee originally designated,
or by requiring it to be returned to the airport of departure. The consignor must
not exercise this right of disposition in such a way as to prejudice the carrier or
other consignors and must reimburse any expenses occasioned by the exercise of this
right.
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3 If the carrier carries out the instructions of the consignor for the disposition
of the cargo without requiring the production of the part of the air waybill or the
cargo receipt delivered to the latter, the carrier will be liable, without prejudice
to its right of recovery from the consignor, for any damage which may be caused thereby
to any person who is lawfully in possession of that part of the air waybill or the
cargo receipt.
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4 The right conferred on the consignor ceases at the moment when that of the consignee
begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or cannot be communicated
with, the consignor resumes its right of disposition.
Article 13. Delivery of the Cargo
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1 Except when the consignor has exercised its right under Article 12, the consignee is entitled, on arrival of the cargo at the place of destination,
to require the carrier to deliver the cargo to it, on payment of the charges due and
on complying with the conditions of carriage.
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3 If the carrier admits the loss of the cargo, or if the cargo has not arrived at the
expiration of seven days after the date on which it ought to have arrived, the consignee
is entitled to enforce against the carrier the rights which flow from the contract
of carriage.
Article 14. Enforcement of the Rights of Consignor and Consignee
The consignor and the consignee can respectively enforce all the rights given to them
by Articles 12 and 13, each in its own name, whether it is acting in its own interest
or in the interest of another, provided that it carries out the obligations imposed
by the contract of carriage.
Article 15. Relations of Consignor and Consignee or Mutual Relations of Third Parties
Article 16. Formalities of Customs, Police or Other Public Authorities
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1 The consignor must furnish such information and such documents as are necessary to
meet the formalities of customs, police and any other public authorities before the
cargo can be delivered to the consignee. The consignor is liable to the carrier for
any damage occasioned by the absence, insufficiency or irregularity of any such information
or documents, unless the damage is due to the fault of the carrier, its servants or
agents.
Chapter III. LIABILITY OF THE CARRIER AND EXTENT OF COMPENSATION FOR DAMAGE
Article 17. Death and Injury of Passengers – Damage to Baggage
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2 The carrier is liable for damage sustained in case of destruction or loss of, or
of damage to, checked baggage upon condition only that the event which caused the
destruction, loss or damage took place on board the aircraft or during any period
within which the checked baggage was in the charge of the carrier. However, the carrier
is not liable if and to the extent that the damage resulted from the inherent defect,
quality or vice of the baggage. In the case of unchecked baggage, including personal
items, the carrier is liable if the damage resulted from its fault or that of its
servants or agents.
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3 If the carrier admits the loss of the checked baggage, or if the checked baggage
has not arrived at the expiration of twenty-one days after the date on which it ought
to have arrived, the passenger is entitled to enforce against the carrier the rights
which flow from the contract of carriage.
Article 18. Damage to Cargo
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1 The carrier is liable for damage sustained in the event of the destruction or loss
of, or damage to, cargo upon condition only that the event which caused the damage
so sustained took place during the carriage by air.
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2 However, the carrier is not liable if and to the extent it proves that the destruction,
or loss of, or damage to, the cargo resulted from one or more of the following:
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a) inherent defect, quality or vice of that cargo;
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b) defective packing of that cargo performed by a person other than the carrier or its
servants or agents;
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c) an act of war or an armed conflict;
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d) an act of public authority carried out in connection with the entry, exit or transit
of the cargo.
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4 The period of the carriage by air does not extend to any carriage by land, by sea
or by inland waterway performed outside an airport. If, however, such carriage takes
place in the performance of a contract for carriage by air, for the purpose of loading,
delivery or transhipment, any damage is presumed, subject to proof to the contrary,
to have been the result of an event which took place during the carriage by air. If
a carrier, without the consent of the consignor, substitutes carriage by another mode
of transport for the whole or part of a carriage intended by the agreement between
the parties to be carriage by air, such carriage by another mode of transport is deemed
to be within the period of carriage by air.
The carrier is liable for damage occasioned by delay in the carriage by air of passengers,
baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned
by delay if it proves that it and its servants and agents took all measures that could
reasonably be required to avoid the damage or that it was impossible for it or them
to take such measures.
If the carrier proves that the damage was caused or contributed to by the negligence
or other wrongful act or omission of the person claiming compensation, or the person
from whom he or she derives his or her rights, the carrier shall be wholly or partly
exonerated from its liability to the claimant to the extent that such negligence or
wrongful act or omission caused or contributed to the damage. When by reason of death
or injury of a passenger compensation is claimed by a person other than the passenger,
the carrier shall likewise be wholly or partly exonerated from its liability to the
extent that it proves that the damage was caused or contributed to by the negligence
or other wrongful act or omission of that passenger. This Article applies to all the
liability provisions in this Convention, including paragraph 1 of Article 21.
Article 21. Compensation in Case of Death or Injury of Passengers
Article 22. Limits of Liability in Relation to Delay, Baggage and Cargo
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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.
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3 In the carriage of cargo, the liability of the carrier in the case of destruction,
loss, damage or delay is limited to a sum of 17 Special Drawing Rights per kilogramme,
unless the consignor has made, at the time when the package was handed over to the
carrier, a special declaration of interest in delivery at destination and has paid
a supplementary sum if the case so requires. In that case the carrier will be liable
to pay a sum not exceeding the declared sum, unless it proves that the sum is greater
than the consignor's actual interest in delivery at destination.
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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.
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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.
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6 The limits prescribed in Article 21 and in this Article shall not prevent the court from awarding, in accordance with
its own law, in addition, the whole or part of the court costs and of the other expenses
of the litigation incurred by the plaintiff, including interest. The foregoing provision
shall not apply if the amount of the damages awarded, excluding court costs and other
expenses of the litigation, does not exceed the sum which the carrier has offered
in writing to the plaintiff within a period of six months from the date of the occurrence
causing the damage, or before the commencement of the action, if that is later.
Article 23. Conversion of Monetary Units
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1 The sums mentioned in terms of Special Drawing Right in this Convention shall be
deemed to refer to the Special Drawing Right as defined by the International Monetary
Fund. Conversion of the sums into national currencies shall, in case of judicial proceedings,
be made according to the value of such currencies in terms of the Special Drawing
Right at the date of the judgement. The value of a national currency, in terms of
the Special Drawing Right, of a State Party which is a Member of the International
Monetary Fund, shall be calculated in accordance with the method of valuation applied
by the International Monetary Fund, in effect at the date of the judgement, for its
operations and transactions. The value of a national currency, in terms of the Special
Drawing Right, of a State Party which is not a Member of the International Monetary
Fund, shall be calculated in a manner determined by that State.
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2 Nevertheless, those States which are not Members of the International Monetary Fund
and whose law does not permit the application of the provisions of paragraph 1 of
this Article may, at the time of ratification or accession or at any time thereafter,
declare that the limit of liability of the carrier prescribed in Article 21 is fixed at a sum of 1 500 000 monetary units per passenger in judicial proceedings
in their territories; 62 500 monetary units per passenger with respect to paragraph 1 of Article 22; 15 000 monetary units per passenger with respect to paragraph 2 of Article 22; and 250 monetary units per kilogramme with respect to paragraph 3 of Article 22. This monetary unit corresponds to sixty-five and a half milligrammes of gold of
millesimal fineness nine hundred. These sums may be converted into the national currency
concerned in round figures. The conversion of these sums into national currency shall
be made according to the law of the State concerned.
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3 The calculation mentioned in the last sentence of paragraph 1 of this Article and
the conversion method mentioned in paragraph 2 of this Article shall be made in such
manner as to express in the national currency of the State Party as far as possible
the same real value for the amounts in Articles 21 and 22 as would result from the application of the first three sentences of paragraph 1
of this Article. States Parties shall communicate to the depositary the manner of
calculation pursuant to paragraph 1 of this Article, or the result of the conversion
in paragraph 2 of this Article as the case may be, when depositing an instrument of
ratification, acceptance, approval of or accession to this Convention and whenever
there is a change in either.
Article 24. Review of Limits
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1 Without prejudice to the provisions of Article 25 of this Convention and subject to paragraph 2 below, the limits of liability prescribed
in Articles 21, 22 and 23 shall be reviewed by the Depositary at five-year intervals, the first such review
to take place at the end of the fifth year following the date of entry into force
of this Convention, or if the Convention does not enter into force within five years
of the date it is first open for signature, within the first year of its entry into
force, by reference to an inflation factor which corresponds to the accumulated rate
of inflation since the previous revision or in the first instance since the date of
entry into force of the Convention. The measure of the rate of inflation to be used
in determining the inflation factor shall be the weighted average of the annual rates
of increase or decrease in the Consumer Price Indices of the States whose currencies
comprise the Special Drawing Right mentioned in paragraph 1 of Article 23.
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2 If the review referred to in the preceding paragraph concludes that the inflation
factor has exceeded 10 per cent, the Depositary shall notify States Parties of a revision
of the limits of liability. Any such revision shall become effective six months after
its notification to the States Parties. If within three months after its notification
to the States Parties a majority of the States Parties register their disapproval,
the revision shall not become effective and the Depositary shall refer the matter
to a meeting of the States Parties. The Depositary shall immediately notify all States
Parties of the coming into force of any revision.
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3 Notwithstanding paragraph 1 of this Article, the procedure referred to in paragraph
2 of this Article shall be applied at any time provided that one-third of the States
Parties express a desire to that effect and upon condition that the inflation factor
referred to in paragraph 1 has exceeded 30 per cent since the previous revision or
since the date of entry into force of this Convention if there has been no previous
revision. Subsequent reviews using the procedure described in paragraph 1 of this
Article will take place at five-year intervals starting at the end of the fifth year
following the date of the reviews under the present paragraph.
Article 25. Stipulation on Limits
A carrier may stipulate that the contract of carriage shall be subject to higher limits
of liability than those provided for in this Convention or to no limits of liability
whatsoever.
Article 26. Invalidity of Contractual Provisions
Any provision tending to relieve the carrier of liability or to fix a lower limit
than that which is laid down in this Convention shall be null and void, but the nullity
of any such provision does not involve the nullity of the whole contract, which shall
remain subject to the provisions of this Convention.
Article 27. Freedom to Contract
Nothing contained in this Convention shall prevent the carrier from refusing to enter
into any contract of carriage, from waiving any defences available under the Convention,
or from laying down conditions which do not conflict with the provisions of this Convention.
Article 28. Advance Payments
In the case of aircraft accidents resulting in death or injury of passengers, the
carrier shall, if required by its national law, make advance payments without delay
to a natural person or persons who are entitled to claim compensation in order to
meet the immediate economic needs of such persons. Such advance payments shall not
constitute a recognition of liability and may be offset against any amounts subsequently
paid as damages by the carrier.
Article 29. Basis of Claims
In the carriage of passengers, baggage and cargo, any action for damages, however
founded, whether under this Convention or in contract or in tort or otherwise, can
only be brought subject to the conditions and such limits of liability as are set
out in this Convention without prejudice to the question as to who are the persons
who have the right to bring suit and what are their respective rights. In any such
action, punitive, exemplary or any other non-compensatory damages shall not be recoverable.
Article 30. Servants, Agents – Aggregation of Claims
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1 If an action is brought against a servant or agent of the carrier arising out of
damage to which the Convention relates, such servant or agent, if they prove that
they acted within the scope of their employment, shall be entitled to avail themselves
of the conditions and limits of liability which the carrier itself is entitled to
invoke under this Convention.
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2 The aggregate of the amounts recoverable from the carrier, its servants and agents,
in that case, shall not exceed the said limits.
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3 Save in respect of the carriage of cargo, the provisions of paragraphs 1 and 2 of
this Article shall not apply if it is proved that the damage resulted from an act
or omission of the servant or agent done with intent to cause damage or recklessly
and with knowledge that damage would probably result.
Article 31. Timely Notice of Complaints
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2 In the case of damage, the person entitled to delivery must complain to the carrier
forthwith after the discovery of the damage, and, at the latest, within seven days
from the date of receipt in the case of checked baggage and fourteen days from the
date of receipt in the case of cargo. In the case of delay, the complaint must be
made at the latest within twenty-one days from the date on which the baggage or cargo
have been placed at his or her disposal.
Article 32. Death of Person Liable
In the case of the death of the person liable, an action for damages lies in accordance
with the terms of this Convention against those legally representing his or her estate.
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1 An action for damages must be brought, at the option of the plaintiff, in the territory
of one of the States Parties, either before the court of the domicile of the carrier
or of its principal place of business, or where it has a place of business through
which the contract has been made or before the court at the place of destination.
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2 In respect of damage resulting from the death or injury of a passenger, an action
may be brought before one of the courts mentioned in paragraph 1 of this Article,
or in the territory of a State Party in which at the time of the accident the passenger
has his or her principal and permanent residence and to or from which the carrier
operates services for the carriage of passengers by air, either on its own aircraft,
or on another carrier's aircraft pursuant to a commercial agreement, and in which
that carrier conducts its business of carriage of passengers by air from premises
leased or owned by the carrier itself or by another carrier with which it has a commercial
agreement.
Article 35. Limitation of Actions
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1 The right to damages shall be extinguished if an action is not brought within a period
of two years, reckoned from the date of arrival at the destination, or from the date
on which the aircraft ought to have arrived, or from the date on which the carriage
stopped.
Article 36. Successive Carriage
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1 In the case of carriage to be performed by various successive carriers and falling
within the definition set out in paragraph 3 of Article 1, each carrier which accepts passengers, baggage or cargo is subject to the rules
set out in this Convention and is deemed to be one of the parties to the contract
of carriage in so far as the contract deals with that part of the carriage which is
performed under its supervision.
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2 In the case of carriage of this nature, the passenger or any person entitled to compensation
in respect of him or her can take action only against the carrier which performed
the carriage during which the accident or the delay occurred, save in the case where,
by express agreement, the first carrier has assumed liability for the whole journey.
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3 As regards baggage or cargo, the passenger or consignor will have a right of action
against the first carrier, and the passenger or consignee who is entitled to delivery
will have a right of action against the last carrier, and further, each may take action
against the carrier which performed the carriage during which the destruction, loss,
damage or delay took place. These carriers will be jointly and severally liable to
the passenger or to the consignor or consignee.
Article 37. Right of Recourse against Third Parties
Nothing in this Convention shall prejudice the question whether a person liable for
damage in accordance with its provisions has a right of recourse against any other
person.
Chapter V. CARRIAGE BY AIR PERFORMED BY A PERSON OTHER THAN THE CONTRACTING CARRIER
Article 39. Contracting Carrier – Actual Carrier
The provisions of this Chapter apply when a person (hereinafter referred to as “the
contracting carrier") as a principal makes a contract of carriage governed by this
Convention with a passenger or consignor or with a person acting on behalf of the
passenger or consignor, and another person (hereinafter referred to as “the actual
carrier") performs, by virtue of authority from the contracting carrier, the whole
or part of the carriage, but is not with respect to such part a successive carrier
within the meaning of this Convention. Such authority shall be presumed in the absence
of proof to the contrary.
Article 40. Respective Liability of Contracting and Actual Carriers
If an actual carrier performs the whole or part of carriage which, according to the
contract referred to in Article 39, is governed by this Convention, both the contracting carrier and the actual carrier
shall, except as otherwise provided in this Chapter, be subject to the rules of this
Convention, the former for the whole of the carriage contemplated in the contract,
the latter solely for the carriage which it performs.
Article 41. Mutual Liability
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1 The acts and omissions of the actual carrier and of its servants and agents acting
within the scope of their employment shall, in relation to the carriage performed
by the actual carrier, be deemed to be also those of the contracting carrier.
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2 The acts and omissions of the contracting carrier and of its servants and agents
acting within the scope of their employment shall, in relation to the carriage performed
by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless,
no such act or omission shall subject the actual carrier to liability exceeding the
amounts referred to in Articles 21, 22, 23 and 24. Any special agreement under which the contracting carrier assumes obligations not
imposed by this Convention or any waiver of rights or defences conferred by this Convention
or any special declaration of interest in delivery at destination contemplated in
Article 22 shall not affect the actual carrier unless agreed to by it.
Article 42. Addressee of Complaints and Instructions
Any complaint to be made or instruction to be given under this Convention to the carrier
shall have the same effect whether addressed to the contracting carrier or to the
actual carrier. Nevertheless, instructions referred to in Article 12 shall only be effective if addressed to the contracting carrier.
Article 43. Servants and Agents
In relation to the carriage performed by the actual carrier, any servant or agent
of that carrier or of the contracting carrier shall, if they prove that they acted
within the scope of their employment, be entitled to avail themselves of the conditions
and limits of liability which are applicable under this Convention to the carrier
whose servant or agent they are, unless it is proved that they acted in a manner that
prevents the limits of liability from being invoked in accordance with this Convention.
Article 44. Aggregation of Damages
In relation to the carriage performed by the actual carrier, the aggregate of the
amounts recoverable from that carrier and the contracting carrier, and from their
servants and agents acting within the scope of their employment, shall not exceed
the highest amount which could be awarded against either the contracting carrier or
the actual carrier under this Convention, but none of the persons mentioned shall
be liable for a sum in excess of the limit applicable to that person.
Article 45. Addressee of Claims
In relation to the carriage performed by the actual carrier, an action for damages
may be brought, at the option of the plaintiff, against that carrier or the contracting
carrier, or against both together or separately. If the action is brought against
only one of those carriers, that carrier shall have the right to require the other
carrier to be joined in the proceedings, the procedure and effects being governed
by the law of the court seised of the case.
Article 46. Additional Jurisdiction
Any action for damages contemplated in Article 45 must be brought, at the option of the plaintiff, in the territory of one of the States
Parties, either before a court in which an action may be brought against the contracting
carrier, as provided in Article 33, or before the court having jurisdiction at the place where the actual carrier has
its domicile or its principal place of business.
Article 47. Invalidity of Contractual Provisions
Any contractual provision tending to relieve the contracting carrier or the actual
carrier of liability under this Chapter or to fix a lower limit than that which is
applicable according to this Chapter shall be null and void, but the nullity of any
such provision does not involve the nullity of the whole contract, which shall remain
subject to the provisions of this Chapter.
Article 48. Mutual Relations of Contracting and Actual Carriers
Except as provided in Article 45, nothing in this Chapter shall affect the rights and obligations of the carriers
between themselves, including any right of recourse or indemnification.
Chapter VI. OTHER PROVISIONS
Article 49. Mandatory Application
Any clause contained in the contract of carriage and all special agreements entered
into before the damage occurred by which the parties purport to infringe the rules
laid down by this Convention, whether by deciding the law to be applied, or by altering
the rules as to jurisdiction, shall be null and void.
States Parties shall require their carriers to maintain adequate insurance covering
their liability under this Convention. A carrier may be required by the State Party
into which it operates to furnish evidence that it maintains adequate insurance covering
its liability under this Convention.
Article 51. Carriage Performed in Extraordinary Circumstances
The provisions of Articles 3 to 5, 7 and 8 relating to the documentation of carriage shall not apply in the case of carriage
performed in extraordinary circumstances outside the normal scope of a carrier's business.
Article 52. Definition of Days
The expression “days" when used in this Convention means calendar days, not working
days.