蒙特利爾公約英文版

1、Convention for the Unification of CertainRules for Intern ati onal Carriage by AirMon treal, 28 May 1999Convention for the Unification of Certain Rules forInternational Carriage by Air (Montreal, 28 May1999)Chapter 1 - Gen eral Provisi onsArticle 1 - Scope of applicatio n1. This Convention applies t

2、o all internationalcarriage of persons,baggage or cargo performedbyaircraft for reward.It appliesequally to gratuitousby an air transportcarriage by aircraft performedun dertak ing.2. For the purposes of this Convention,theexpressi on "intern ati onal carriage" mea ns any carriagein which,

3、accord ingto the agreementbetwee ntheparties, the placeofdepartureandthe placeofdest in ati on,whetherornottherebea break inthecarriage or a tran shipme nt, are situated either with inthe territories of two States Parties, or within the territory of a single State Party if there is an agreedstopping

4、 place within the territory of another State, even if that State is not a State Party. Carriage between two points within the territory of a single State Party without an agreed stopp ing place within the territory of another State is not international carriage for the purposes of this Conven ti on.

5、3. Carriage to be performed by several successive carriers is deemed, for the purposes of this Convention, to be one undivided carriage if it has been regarded by the parties as a single operation, whetherit had been agreed upon under the form of a single con tract or of a series of con tracts, and

6、it does not lose its intern ati onal character merely because one con tract or a series of con tractsis to be performeden tirelywithin the territory of the same State.4. This Convention applies also to carriage as set out in Chapter V, subject to the terms contained therei n.Article 2 - Carriage per

7、formed by State5and carriage of postal items1. ThisConven ti onapplies to carriageperformed by the State or by legally con stituted public bodies provided it falls within the conditions laid down in Article 1.2. In the carriage of postal items, the carrier shall be liable on ly to the releva nt post

8、al admi nistrati on inaccorda neewith the rules applicable to therelati on shipbetwee n the carriers and the postaladmi nistrati ons.3. Except as provided in paragraph 2 of this Article, the provisi ons of this Conven ti on shall not apply to the carriage of postal items.Chapter II - Docume ntati on

9、 and Duties of theParties Relat ing to the Carriage of Passe ngers,Baggage and CargoArticle 3 - Passe ngers and baggage1. In respect of carriage of passengers,anin dividual or collective docume nt of carriage shall be delivered containing:(a) an indication of the places of departure anddesti natio n

10、;(b) if the places of departure and destination are with in the territory of a sin gle State Party, one ormore agreed stopp ing places being with in the territoryof another State, anin dicati onof atleastonesuchstopp ing place.2. Any othermea nswhichpreservesthein formatio nin dicatedin paragraph1ma

11、ybesubstituted for the delivery of the docume nt referred to in that paragraph. If any such other mea ns is used, thecarrier shall offer to deliver to the passe nger a writte n stateme nt of the in formatio n so preserved.3. The carrier shall deliver to the passenger abaggage identificationtag for e

12、ach piece of checked baggage.4. The passenger shall be given written noticeto 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 destructionor loss of, ordamage to, baggage, and for delay.5. Non-compliance with

13、 the provisions of the foregoing paragraphs shall not affect the existence or the validity of the con tract of carriage, which shall, non etheless, be subjecttothe rules of this Convention including thoserelating tolimitation of liability.Article 4 - Cargo81. In respect of the carriage of cargo, an

14、airwaybill shall be delivered.92. Any other means which preserves a record of the carriage to be performed may be substituted for the delivery ofan air waybill. If such other means are used, the carrier shall, if so requested by the con sig nor,deliver to the con sig noracargo receipt permitt ing id

15、e ntificati on of the con sig nment and access to the in formatio n contained in the record preserved by such other mea ns.receiptThe air waybill or the cargo receipt shallin clude:(a) an indication of the places of departure anddesti natio n;(b) if the places of departure and destinationare with in

16、 the territory of a sin gle State Party, one ormore agreed stopp ing places being with in the territoryof anotherState, an indicationof at least one suchstopp ing place; and(c) an in dicati on of the weight of the con sig nment.Article 6 - Docume nt relati ng to the6n ature of the cargoThe con sig n

17、or may be required, if n ecessary, to meetthe formalities of customs, police and similar public authorities to deliver a document indicating the nature of the cargo. This provisi on creates for the carrier no duty, obligati on or liability resulting therefrom.Article 7 - Description of air waybill1.

18、 The air waybill shall be made out by the con sig nor in three orig inal parts.2. The first part shallbe marked "for thecarrier" it shall be sig ned by the con sig nor. The sec ondpart shall be marked "for the con sig nee"it shall besig ned by the con sig nor and by the carrier.

19、The third part shall be sig ned by the carrier who shall hand it to the con sig nor after the cargo has bee n accepted.3. The sig nature of the carrier and that of thecon sig nor may be prin ted or stamped.4. If, at the request of the con sig nor, the carrier makesout the air waybill, the carrier sh

20、all be deemed, subject toproof to the contrary,to have done so on behalf of the con sig nor.Article 8 - Docume ntati on for multiple3packagesWhe n there is more tha n one package:4(a) the carrier of cargo has the right to requirethe con sig nor to make out separate air waybills;5(b) the con sig nor

21、has the right to require the carrier todeliver separate cargo receipts whe n the other means referredto in paragraph 2 of Article 4 are used.docume ntary requireme ntsNon-complia nee with the provisi ons of Articles 4 to 8 shall not affect the existe nee or the validity of the con tract of carriage,

22、 which shall, non etheless, be subject to the rules of this Conven ti on in cludi ng those relat ing to limitatio nofliability.Article 10 - Resp on sibility for particulars9of docume ntati on1. The con sig nor isresp on siblefor thecorrect ness of the particulars and stateme nts relati ng0to the car

23、go inserted by it or on its behalf in the airwaybill or furnished by it or on its behalf to the carrierfor insertion in the cargo receipt or for insertion in therecord preserved by the other means referred to in paragraph 2 of Article 4. The forego ing shall also apply where the pers on act ing on b

24、ehalf of the con sig nor is also the age nt of the carrier.2. The con sig norshall indemnify the carrieragainstall damage suffered by it, or by any other1person to whom the carrier is liable, by reason of the irregularity, in correct ness or in complete nessof theparticulars and stateme nts furni sh

25、ed by the con sig noror on its behalf.3. Subject to the provisions of paragraphs 1 and 2 of this Article, the carrier shall indemnify the con sig nor aga inst all damage suffered by it, or by any other pers on to whom the con sig nor is liable, by reas on of the irregularity, i ncorrect ness or in c

26、omplete ness of the particulars and stateme nts in serted by the carrier or on itsbehalf in the cargo receipt or in therecord preserved by the other means referred to in paragraph 2 of Article 4.Article 11 - Evide ntiary value ofdocume ntati on1. The air waybill or the cargo receipt is prima facie e

27、vide nee of the con clusi on of the con tract, of theacceptanee of the cargo and of the conditionsofcarriage men tio ned there in.the2. Any statements in the air waybill or the cargo receipt relat ing to the weight, dime nsions and pack ing of the cargo, as well as those relat ing to the nu mber of

28、packages, are primafacie evidenee of the facts stated; those relating to qua ntity, volume and con diti on of the cargo do not con stitute evide nee aga inst the carrier except so far as they both have bee n, and are stated in the air waybill or the cargo receipt to have bee n, checked by it in the

29、prese nce of the con sig nor, or relate to the appare nt con diti on of the cargo.1.Subjectto itsliabilityto carry out allitsobligati onsun derthecon tractofcarriage,thecon sig norhas therightto dispose ofthe cargobywithdraw ingit at theairportofdepartureordest in ati on,or bystopping it inthecourse

30、 ofthejourneyon any landing,or bycalli ngfor it tobedelivered at the place of desti nati on or in the course ofthe journey to a pers on othertha n the con sig neeorigi nally desig nated, or by requiri ng it to be retur ned to the airport of departure. The con sig normust notexercise this rightof dis

31、positi onin such a way as toprejudice the carrier or othercon sig norsand mustreimburse any expe nses occasi oned by the exercise of this right.2. If it is impossible to carry out the in structio nsof the con sig nor,the carrier must so inform thecon sig nor forthwith.3. If the carrier carries out t

32、he in struct ions ofthe con sig nor for the dispositi on of the cargo without requiri ng the product ion 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 con sig nor, for any damage which may

33、be caused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt.4. The right con ferred on the con sig nor ceases at the mome nt whe n that of the con sig nee begi ns in accorda nee with Article 13. Nevertheless,if the con sig nee decli nes to accep

34、tthe cargo, or cannot be com muni catedwith, the con sig norresumes its right of dispositi on.Article 13 - Delivery of the cargo1. Except whe n the con sig nor has exercised itsright un der Article12, the con sig neeis entitled,onarrivalof the cargoatthe place ofdest in ati on,torequirethe carrierto

35、deliver thecargo to it,onpayme nt of the charges due and on compl ying with the con diti ons of carriage.2. Uni ess it is otherwise agreed, it is the duty of the carrier to give no tice to the con sig nee as soon as the cargo arrives.3. If the carrier admits the loss of the cargo, or if thecargo has

36、 not arrived at the expirati on of seve n days after thedate on which it ought to have arrived, the con sig nee is entitled to enforce against the carrier the rights which flow from the con tract of carriage.Article 14 - En forceme nt of the rights of5con sig nor and con sig neeThe con sig norand th

37、e con sig neecan respectivelyenforce all the rights given to them by Articles 12 and 13, eachin its own name, whether it is acting in its own interest or in thein terest of ano ther, provided that it carries out the obligati ons imposed by the con tract of carriage.Article 15 - Relati ons of con sig

38、 nor and7con sig nee or mutual relatio ns of thirdparties1. Articles 12, 13 and 14 do not affect either therelati ons of the con sig nor and the con sig nee with each8other or the mutualrelationsof third parties whoserights are derived either from the con sig nor or from thecon sig nee.2. The provis

39、ions of Articles 12, 13 and 14 can only bevaried by express provision in the air waybill or the cargo receiptArticle 16 - Formalities of customs, police0or other public authorities1. The con sig nor must furnish such in formati on1and such documents as are necessary to meet the formalities of custom

40、s, police and any other public authorities before the cargo can be delivered to thecon sig nee. The con sig nor is liable to the carrier for anydamage occasionedby the absenee,insufficiency orirregularity of any such informationor documents,uni ess the damage is due to the fault of the carrier, its

41、serva nts or age nts.2. The carrier is un der no obligati on to enq uireinto the correct ness or sufficie ncy of such in formatio nor docume nts.Chapter III - Liability of the Carrier and Exte nt ofCompe nsati on for DamageArticle 17 - Death and injury ofpasse ngers - damage to baggage1. The carrier

42、 is liable for damage sustained incase of death or bodily injury of a passengeruponcon diti on only that the accide ntwhich causedthedeath or injury took place on board the aircraft or in thecourse of any of the operationsof embarkingordisembark ing.2. The carrier liable for damage sustainedincase o

43、f destruct ion or loss of, or of damage to, checkedbaggage upon con diti on only that the eve nt whichcaused the destruct ion, I oss or damage took place onboard the aircraft or duri ng any period with in which thechecked baggage was in the charge of the carrier. However, the carrier is not liable i

44、f and to the extent that the damage resulted from the in here ntdefect,quality or vice of the baggage. In the case of un checkedbaggage,in clud ing pers onal items, thecarrier is liable if the damage resulted from its fault or that of its serva nts or age nts.3. If the carrier admits the loss of the

45、 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 passe nger is en titled to en force aga inst the carrier the rights which flow from the con tract of carriage.4. Un lessotherwise specified, in thisC

46、onven ti on the term "baggage" means both checkedbaggage and un checked baggage.Article 18 - Damage to cargo91. The carrier is liable for damage sustained inthe eve nt of the destruct ion or loss of or damage to,0cargo upon con diti on only that the eve nt which caused the damage so susta

47、ined took place duri ng the carriage by air.2. However, the carrier is not liable if and to theextentit proves that the destruction, or loss of, or1damage to, the cargo resulted from one or more of the followi ng:(a) in here ntdefect, quality or vice of thatcargo;(b) defective packing of that cargo

48、performedby a pers on other tha n the carrier or its serva nts or age nts;(c) an act of war or an armed conflict;(d) an act of public authority carried out in connection with the en try, exit or tran sit of the cargo.3. The carriage by air within the meaning of paragraph 1 of this Article comprises

49、the period duri ng which the cargo is in the charge of the carrier.4. The period of the carriage by air does not extend toany carriage by land, by sea or by inland waterway performed outside an airport. If, however, such carriage takes place in the performa neeof a con tractfor carriage by air, for

50、thepurpose of load ing, delivery or tran shipme nt, any damage is presumed, subject to proof to the con trary, to have bee n the result of an eve nt which took place duri ng the carriage by air.If a carrier, without the consent of the con sig nor, substitutes carriage by ano ther mode of tran sport

51、for the whole or part of a carriage inten ded by the agreeme nt betwee n the parties to be carriage by air, such carriage by ano ther mode of tran sport is deemed to be with in the period of carriage by aThe carrier is liable for damage occasi oned by delay inthe carriagebyair ofpasse ngers, baggage

52、 or cargo.Nevertheless,thecarriershall notbe liablefor damageoccasioned by delay if it proves that it and its servants and age nts took all measures that could reas on ably be required to avoid the damage or that it was impossible for it or them to take such measuresArticle 20 - Exon erati onoIf the

53、 carrier proves that the damage was caused or contributed to by the negligeneeor other wrongful act oromissi on of the pers on clai ming compe nsati on, or the pers on from whom he or she derives his or her rights, the carrier shall be wholly or partly exon erated from its liability to the claima nt

54、 to the exte nt that such n eglige nee or wron gful act or omissi on caused or con tributed to the damage. Whe n by reas on of death or injury of a passe nger compe nsati on is claimed by a pers on other tha n the passe nger, the carrier shall likewise be wholly or partly exon erated from its liabil

55、ity to the exte nt that it proves that the damage was caused or con tributed to by the n eglige nee or other wron gful act or omissi onof thatpassenger. This Article applies to all the liability provisions in this Conven ti on, in clud ing paragraph 1 of Article 21.death or injury of passe ngers1. F

56、or damages arising under paragraph 1 of Article 17 not exceedi ng 100,000 Special Draw ing Rights for each passe nger, the carrier shall not be ableto exclude or limit its liability.2. The carrier shall not be liable for damages aris ing un der paragraph 1 of Article 17 to the exte ntthat they excee

57、d for each passe nger 100,000 Special Draw ing Rights if the carrier proves that:(a) such damage was not due to the negligeneeor other wrongful act or omission of the carrier or its serva nts or age nts; or(b) such damage was solely due to the negligenee or other wrongful act or omission of a third party.Article 22 - Limits of liability in relati on to7delay, baggage and cargo1. In the case of damage caused by delay ass