On the Ratification of the Convention for the Unification of Certain Rules of International Air Transport

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The Law of the Republic of Kazakhstan dated March 19, 2015 No. 297-V SAM

To ratify The Convention for the Unification of Certain Rules of International Air Transport, done in Montreal on May 28, 1999.

President of the Republic of Kazakhstan N. NAZARBAYEV

Convention for the Unification of Certain Rules of International Air Transport

states - THE PARTIES TO THIS CONVENTION, RECOGNIZING the significant contribution of The Convention for the Unification of Certain Rules Relating to International Air Transport, signed in Warsaw on October 12, 1929, hereinafter referred to as the "Warsaw Convention", and other related documents aimed at streamlining private international air law, RECOGNIZING the need for modernization and consolidation The Warsaw Convention and related documents, RECOGNIZING the importance of protecting the interests of consumers in international air transport and the need for fair compensation based on the principle of the fullest possible compensation, REAFFIRMING the desirability of the orderly development of international air transport and the unhindered movement of passengers, baggage and cargo in accordance with the principles and objectives The Convention on International Civil Aviation, done at Chicago on December 7, 1944, BEING CONVINCED that, That collective action by States to further harmonize and codify certain rules governing international air transport in the form of a new convention is the most appropriate way to achieve a fair balance of interests, AGREED AS FOLLOWS:

Chapter I General provisions

Article 1. Scope of application

1. This Convention applies to all international carriage of persons, baggage or cargo carried out for remuneration by means of an aircraft. It also applies to free transportation carried out by means of an aircraft by an air transport company. 2. International carriage within the meaning of this Convention is any carriage in which, according to the definition of the parties, the place of departure and the place of destination, regardless of whether there is a break in transportation or transshipment, are located either on the territory of two States Parties or on the territory of the same State Party, if an agreed stop is provided for. on the territory of another State, even if that State is not a participating State. Carriage without such a stopover between two points located in the territory of the same State Party shall not be considered as international within the meaning of this Convention. 3. A carriage to be carried out by several successive carriers is considered to form, from the point of view of the application of this Convention, a single carriage if it was considered by the parties as one operation, regardless of whether it was concluded in the form of a single contract or a series of contracts, and it does not lose its international character solely because One or more agreements must be executed entirely on the territory of the same State. 4. This Convention also applies to the carriage described in chapter V, subject to the conditions set out therein.

Article 2. Transportation performed by the State and transportation of postal items

1. This Convention applies to transport operations performed by a State or other legal entities under public law that meet the conditions provided for in article 1. 2. When transporting postal items, the carrier is responsible only to the relevant postal administration in accordance with the rules applicable to the relations between carriers and postal administrations. 3. Except as specified in paragraph 2 of this article, the provisions of this Convention shall not apply to the carriage of postal items.

Chapter II Documentation and obligations of the parties concerning the carriage of passengers, baggage and cargo

Article 3. Passengers and baggage

1. When transporting passengers, an individual or group transportation document is issued containing: (a) an indication of the points of departure and destination; (b) if the points of departure and destination are located in the territory of the same participating State, and one or more designated stops are located in the territory of another State, an indication of at least one such stop. 2. Instead of the document mentioned in paragraph 1, any other means may be used that preserve the record of the information specified in this paragraph. If such other means are used, the carrier offers to provide the passenger with a written statement of the information stored in this way. 3. The carrier provides the passenger with a baggage identification tag for each piece of checked baggage. 4. The passenger shall be notified in writing that, if this Convention is applied, it regulates and may limit the liability of carriers in the event of death or bodily injury to a person and in the event of destruction, loss or damage to baggage and in the event of delay. 5. Failure to comply with the provisions of the preceding paragraphs does not affect the existence or validity of the contract of carriage, which nevertheless falls within the scope of the rules of this Convention, including those relating to limitation of liability.

Article 4. Cargo

1. When transporting cargo, an air waybill is issued. 2. Instead of an air waybill, any other means can be used to keep a record of the upcoming shipment. If such other means are used, the carrier, at the request of the sender, issues him a cargo receipt allowing him to identify the cargo and gain access to the information contained in the record stored by such other means.

Article 5. Contents of the air waybill or cargo receipt

The air waybill or cargo receipt contains: (a) an indication of the points of departure and destination; (b) if the points of departure and destination are located in the territory of the same participating State, and one or more designated stops are located in the territory of another State, an indication of at least one such stop; and (c) an indication of the weight of the shipment.

Article 6. Document concerning the nature of the cargo

If it is necessary to comply with the procedures established by customs, police and similar government agencies, the sender may be required to submit a document indicating the nature of the cargo. This provision does not create any obligations, obligations or responsibilities for the carrier arising from it.

Article 7. Description of the air waybill

1. The air waybill is drawn up by the sender in three original copies. 2. The first copy is marked "for the carrier" and is signed by the sender. The second copy is marked "for the recipient" and is signed by the sender and the carrier. The third copy is signed by the carrier, who hands it over to the sender upon acceptance of the cargo. 3. The signatures of the carrier and the sender may be printed or stamped. 4. If, at the request of the sender, the air waybill is drawn up by the carrier, then the carrier is considered, until proven otherwise, as acting on behalf of the sender.

Article 8. Documentation for transportation of several items

If there is more than one location: (a) the cargo carrier has the right to require the sender to produce separate air waybills; (b) the sender has the right to require the carrier to issue separate cargo receipts if other means specified in paragraph 2 of article 4 are used.

Article 9. Non-compliance with documentation requirements

Failure to comply with the provisions of articles 4 to 8 does not affect the existence or validity of the contract of carriage, which nevertheless falls within the scope of the rules of this Convention, including those relating to limitation of liability.

Article 10. Responsibility for the correctness of information in the documentation

1. The sender is responsible for the correctness of the information and statements concerning the cargo entered by him or on his behalf in the air waybill or submitted by him or on his behalf to the carrier for entry in the cargo receipt or for inclusion in a record maintained by other means specified in paragraph 2 of article 4. The preceding provision also applies in the case, when the person acting on behalf of the sender is also an agent of the carrier. 2. The sender is liable to the carrier for any damage suffered by him or any other person to whom the carrier is liable as a result of the inaccuracy, inaccuracy or incompleteness of information and statements provided by the sender or on his behalf. 3. With the exception of the provisions of paragraphs 1 and 2 of this article, the carrier shall be liable to the sender for any damage suffered by him or any other person to whom the sender is liable as a result of the inaccuracy, inaccuracy or incompleteness of information and statements entered by the carrier or on his behalf in the cargo receipt or in a record maintained by other means, specified in paragraph 2 of Article 4.

Article 11. The evidentiary power of documentation

1. An air waybill or cargo receipt, until proven otherwise, is evidence of the conclusion of a contract, acceptance of the cargo and the conditions of carriage specified therein. 2. Any information in the air waybill or in the cargo receipt about the weight, dimensions and packaging of the cargo, as well as the number of seats, until proven otherwise, is evidence of the reported data.; data on the quantity, volume and condition of the cargo do not serve as evidence against the carrier, except in cases where they have been checked in the presence of the sender, indicating this on the air waybill or cargo receipt, or when they relate to the apparent condition of the cargo.

Article 12. Right to dispose of cargo

1. The sender has the right, subject to the fulfillment of all obligations arising from the contract of carriage, to dispose of the cargo, picking it up at the airport of departure or destination, detaining it during transportation at any point of embarkation, giving instructions to deliver it at the destination or during transportation to a person other than the originally specified recipient, or requiring return of the cargo to the departure airport. The sender must not use the right to dispose of the cargo to the detriment of the carrier or other senders and must reimburse all costs arising from the application of this right. 2. If it is impossible to fulfill the sender's orders, the carrier is obliged to notify the sender immediately. 3. If the carrier follows the instructions of the sender regarding the disposal of the cargo, without requiring the presentation of a copy of the air waybill or cargo receipt issued to the latter, the carrier thereby assumes responsibility, while retaining the right of recourse to the sender, for any damage that may be caused in this regard to the rightful owner of this copy of the air waybill or receipt. for the cargo. 4. The sender's right ceases at the moment when, according to article 13, the recipient's right arises. However, if the recipient refuses to accept the shipment or cannot be contacted, the sender regains his right of disposal.

Article 13. Cargo delivery

1. Except in cases where the sender has exercised his rights under article 12, the recipient has the right to demand from the carrier, from the moment the goods arrive at the destination, that the goods be delivered to him after payment of the payments due and fulfillment of the conditions of carriage. 2. Unless otherwise agreed, the carrier is obliged to notify the recipient immediately upon arrival of the cargo. 3. If the carrier recognizes the loss of the cargo or if the cargo has not arrived after the expiration of a seven-day period from the date on which it was supposed to arrive, the recipient has the right to exercise the rights arising from the contract of carriage in relation to the carrier.

Article 14. Exercising the rights of the sender and recipient

The sender and the recipient may respectively exercise all the rights granted to them by articles 12 and 13, each on his own behalf, regardless of whether he acts in his own interests or in the interests of the other, but subject to fulfilling the obligations imposed by the contract of carriage.

Article 15. The relationship between the sender and the recipient or the mutual relations of third parties

1. Articles 12, 13 and 14 do not affect the relationship either between the sender and the recipient, or between third parties whose rights are derived either from the sender or from the recipient. 2. Any reservation derogating from the provisions of articles 12, 13 and 14 must be entered in the air waybill or cargo receipt.

Article 16. Formalities of customs, police or other state bodies

1. The sender is obliged to provide such information and documents as are necessary to fulfill the formalities of customs, police or other government agencies before handing over the cargo to the recipient. The sender is liable to the carrier for any damage caused as a result of the absence, insufficiency or inaccuracy of any such information or documents, except in cases where the damage was caused by the fault of the carrier, its employees or agents. 2. The carrier is not obligated to verify such information or documents regarding their accuracy or sufficiency.

Chapter III Carrier's liability and degree of compensation for damage

Article 17. Death and bodily injury of passengers. Baggage damage

1. The carrier is liable for damage caused in the event of death or bodily injury to a passenger only on condition that the incident that caused the death or injury occurred on board the aircraft or during any boarding or disembarkation operations. 2. The carrier is liable for damage caused in the event of destruction, loss or damage to checked baggage only on condition that the event that caused the destruction, loss or damage occurred on board the aircraft or during any period during which the checked baggage was under the protection of the carrier. However, the carrier is not liable if and to the extent that the damage is the result of an inherent defect, quality or defect in the baggage. With respect to unchecked baggage, including personal items, the carrier is liable if the damage is caused by his fault or by the fault of his employees or agents. 3. If the carrier recognizes the loss of checked baggage or if the checked baggage has not arrived after twenty-one days from the date on which it was supposed to arrive, the passenger is allowed to exercise the rights arising from the contract of carriage in relation to the carrier. 4. In this Convention, the term "baggage", unless otherwise provided, means both checked baggage and unchecked baggage.

Article 18. Cargo damage

1. The carrier is liable for damage caused in the event of destruction, loss or damage to the cargo, only on condition that the event that caused such damage occurred during air transportation. 2. However, the carrier is not liable if and to the extent that it proves that the destruction, loss or damage of the cargo occurred as a result of one or more of the following circumstances: a) inherent defect, quality or defect in the cargo; b) improper packaging of the cargo by a person other than the carrier, its employees or agents; (c) An act of war or armed conflict; (d) An act of a public authority related to the import, export or transit of cargo. 3. Air transportation within the meaning of paragraph 1 of this article covers the period of time during which the cargo is under the protection of the carrier. 4. The time period of air transportation does not include any land transportation, sea transportation or inland waterway transportation carried out outside the airport. However, if such transportation is carried out in fulfillment of an air transportation contract for the purpose of loading, delivery or reloading, any damage, until proven otherwise, is considered to be the result of an event that occurred during the air transportation. If the carrier, without the consent of the sender, replaces the carriage, which, by agreement between the parties, was supposed to be carried out by air, in whole or in part with transportation by any other mode of transport, such transportation by another mode of transport is considered transportation carried out during the period of air transportation.

Article 19. Delay

The carrier is liable for damage caused as a result of delays in the air transportation of passengers, baggage or cargo. However, the carrier is not liable for damage caused as a result of the delay if he proves that he and his employees and agents have taken all possible, reasonably necessary measures to avoid harm, or that it was impossible for him or them to take such measures.

Article 20. Release from liability

If the carrier proves that the damage was caused or was caused by the negligence, wrong action or omission of the person claiming compensation or the person from whom his rights originate, the carrier is fully or partially released from liability to the person claiming compensation to the extent that such negligence, wrong action or omission caused harm or contributed to his infliction. When a claim for compensation is made by a person other than the passenger in connection with death or bodily injury suffered by the latter, the carrier is equally fully or partially released from liability to the extent that he proves that the negligence, other improper action or omission of this passenger caused or contributed to the harm. This article applies to all liability provisions in this Convention, including paragraph 1 of article 21.

Article 21. Compensation in case of death or bodily injury of passengers

1. In respect of damage caused in accordance with paragraph 1 of article 17 and not exceeding 100,000 special drawing rights per passenger, the carrier cannot exclude or limit its liability. 2. The carrier shall not be liable for damage caused in accordance with paragraph 1 of article 17, to the extent that the damage exceeds 100,000 special drawing rights per passenger, if the carrier proves that: a) such damage was not caused due to negligence, or other improper act or omission of the carrier, or his employees, or agents; or b) such damage is caused solely due to the negligence or other improper act or omission of a third party.

Article 22. Limits of liability in relation to delay, baggage and cargo

1. In the case of damage caused during the carriage of persons as a result of the delay referred to in article 19, the carrier's liability in respect of each passenger is limited to the amount of 4,150 special drawing rights. 2. When transporting baggage, the carrier's liability in case of destruction, loss, damage or delay is limited to the amount of 1,000 special drawing rights in respect of each passenger, except in cases where the passenger made a special declaration of interest in delivery at the time of transfer of checked baggage to the carrier and paid an additional fee, if necessary. In this case, the carrier is obliged to pay an amount not exceeding the declared amount, unless he proves that this amount exceeds the passenger's actual interest in delivery. 3. In the case of cargo transportation, the carrier's liability in case of destruction, loss, damage or delay is limited to the amount of 17 special drawing rights per kilogram, except in cases when the sender made a special declaration of interest in delivery at the time of transfer of the place to the carrier and paid an additional fee, if necessary. In this case, the carrier is obliged to pay an amount not exceeding the declared amount, unless he proves that this amount exceeds the sender's actual interest in delivery. 4. In case of destruction, loss, damage or delay of a part of the cargo or any item contained therein, only the total weight of the relevant place or places is taken into account when determining the carrier's liability limit. However, when the destruction, loss, damage or delay of a part of the cargo or any item contained therein affects the value of other items included in the same air waybill, or in the same receipt, or, if not issued, in the same record maintained by other means specified in paragraph 2 of Article 4 when determining the liability limit, the total weight of such a place or seats should also be taken into account. 5. The above-mentioned provisions of paragraphs 1 and 2 of this article shall not apply if it is proved that the harm occurred as a result of an act or omission of the carrier, its employees or agents committed with intent to cause harm or recklessly and with the knowledge that harm may result as a result, provided that in the event of such an act or the inaction of an employee or agent, it will also be proved that this employee or agent acted within the scope of his duties. 6. The limits established by articles 21 and this article shall not prevent the court from awarding, in accordance with its law, additionally all or part of the court costs and other costs of the trial incurred by the plaintiff, including interest. The above provision does not apply if the amount awarded in compensation for damage, excluding court costs and other costs related to the court proceedings, does not exceed the amount that the carrier has offered in writing to the plaintiff within six months from the date of the injury or before the start of the court case, if that date is later.

Article 23. Transfer of currency units

1. The amounts specified in the special drawing rights in this Convention shall be considered as related to special drawing rights as determined by the International Monetary Fund. The transfer of these amounts into national currencies in the event of litigation is carried out in accordance with the value of such currencies in special drawing rights as of the date of the court decision. The value in special drawing rights of the national currency of a Member State that is a member of the International Monetary Fund is calculated in accordance with the valuation method used by the International Monetary Fund for its own operations and settlements as of the date of the court decision. The value of the national currency of a Member State that is not a member of the International Monetary Fund in special drawing rights is calculated according to the method established by that Member State. 2. Nevertheless, States that are not members of the International Monetary Fund and whose legislation does not allow the application of paragraph 1 of this article may, upon ratification or accession or at any time thereafter, declare that the carrier's liability limit prescribed in article 21 is set at 1,500,000 currency units per passenger in court proceedings. on their territory; 62,500 currency units per passenger in relation to paragraph 1 of Article 22; 15,000 currency units per passenger in relation to paragraph 2 of Article 22; and 250 currency units per kilogram in relation to paragraph 3 of Article 22. Such a currency unit consists of sixty-five and a half milligrams of nine hundred thousandths gold. The indicated amounts can be converted into the appropriate national currency in rounded figures. The transfer of such amounts into the national currency is carried out in accordance with the legislation of the relevant State. 3. The calculations referred to in the last sentence of paragraph 1 of this article and the translation referred to in paragraph 2 of this article shall be carried out in such a way as to express in the national currency of the Participating State, as far as possible, the same real value of the quantitative indicators referred to in articles 21 and 22 as will be obtained as a result of the application of the first three the proposals of paragraph 1 of this article. The States Parties shall inform the depositary of the calculation method in accordance with paragraph 1 of this article or of the results of the translation in accordance with paragraph 2 of this article, respectively, when depositing their instruments of ratification, acceptance, approval or accession to this Convention, as well as after each amendment.

Article 24. Revision of the limits

1. Without prejudice to the provisions of article 25 of this Convention and subject to the provisions of paragraph 2 below, the limits of liability set out in articles 21, 22 and 23 shall be reviewed by the depositary every five years, with the first such review taking place at the end of the fifth year after the date of entry into force of this Convention or, if the Convention does not enter into force within five years from the date when it was first opened for signature, during the first year after its entry into force, using the inflation coefficient, corresponding to the cumulative inflation rate for the period since the previous revision, or in the case of the first revision, from the date of entry into force of the Convention. The rate of inflation used in determining the inflation coefficient is calculated on the basis of the weighted average annual rates of increase or decrease in consumer price indices in the States whose currencies form the special drawing rights referred to in paragraph 1 of Article 23. 2. If, as a result of the review referred to in the previous paragraph, it is concluded that the inflation rate has exceeded 10 percent, the depositary shall notify the participating States of the change in the limits of liability. Any such amendment shall enter into force six months after notification of it to the States Parties. If, within three months of notification to the States Parties, the majority of the States Parties declare their disagreement, the amendment shall not enter into force and the depositary shall refer the matter to the Meeting of the States Parties for consideration. The Depositary shall immediately notify all Participating States of the entry into force of any amendment. 3. Notwithstanding the provisions of 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 have so requested and that the inflation rate referred to in paragraph 1 has exceeded 30 per cent since the date of the previous revision or the date of entry into force the force of this Convention, if the revision has not yet been carried out. Subsequent reviews using the procedure described in paragraph 1 of this article will be conducted every five years, starting from the end of the fifth year after the date of the review in accordance with this paragraph.

Article 25. Reservation regarding limits

The carrier may specify that higher limits of liability than those provided for in this Convention apply to the contract of carriage, or no limits of liability apply.

Article 26. Invalidity of contractual provisions

Any reservation tending to release the carrier from liability or to establish a liability limit less than that established in this Convention is invalid and does not give rise to any consequences, but the invalidity of this reservation does not entail the invalidity of the contract, which continues to be subject to the provisions of this Convention.

Article 27. Freedom to conclude a contract

Nothing in this Convention prevents the carrier from withdrawing from the conclusion of a contract of carriage, from waiving any remedies provided for in the Convention, or from setting conditions that do not contradict the provisions of this Convention.

Article 28. Advance payments

In the event of an aviation accident that has caused the death or injury of passengers, the carrier, if provided for by its national legislation, immediately makes advance payments to an individual or persons who have the right to claim compensation in order to meet the immediate economic needs of such persons. Such advance payments do not imply recognition of liability and may be offset by subsequent payments from the carrier in terms of compensation for damage.

Article 29. Grounds for a claim

In the case of carriage of passengers, baggage and cargo, any claim for liability, regardless of its basis, whether on the basis of this Convention, contract, tort or any other ground, may be brought only in accordance with the conditions and limits of liability provided for in this Convention, without prejudice to the definition of the circle of persons who have the right to sue, and their respective rights. In any such claim, fines, penalties, or any other payments not related to compensation for actual harm are not recoverable.

Article 30. Employees, agents. Total amount of claims

1. If an action is brought against an employee or agent of the carrier in connection with the harm referred to in this Convention, such employee or agent, if he proves that he acted within the scope of his official duties, has the right to invoke the conditions and limits of liability to which the carrier himself has the right to invoke on the basis of this Convention. 2. In this case, the total amount that can be collected from the carrier, its employees and agents should not exceed the specified limits. 3. With the exception of cases of cargo transportation, the provisions of paragraphs 1 and 2 of this article shall not apply if it is proved that the damage was the result of an act or omission of an employee or agent committed with the intention of causing harm or recklessly and with the knowledge that harm may be caused as a result.

Article 31. Timely submission of objections

1. The receipt of checked baggage or cargo by the recipient without objection constitutes an assumption, until proven otherwise, that the baggage or cargo was delivered in good condition and according to a transportation document or record maintained by other means referred to in paragraph 2 of Articles 3 and paragraph 2 of Article 4. 2. In case of damage, the person entitled to receive the cargo must send an objection to the carrier immediately upon discovery of the damage and no later than seven days from the date of receipt of the checked baggage and fourteen days from the date of receipt of the cargo. In case of delay, the protest must be made no later than twenty-one days, counting from the day when the baggage or cargo was placed at his disposal. 3. Any objection must be made in writing and delivered or sent within the aforementioned time limits. 4. In the absence of an objection within the above-mentioned time limits, no claims against the carrier will be accepted, except in the case of deception on the part of the latter.

Article 32. Death of a responsible person

In the event of the death of a responsible person, a claim for damages shall be brought in accordance with the terms of this Convention against persons legally representing his property.

Article 33. Jurisdiction

1. A claim for liability must be filed, at the choice of the plaintiff, within the territory of one of the participating States, either in a court at the carrier's place of residence, at the place of his main place of business or at the place where he has a place of business through which the contract was concluded, or in a court at the destination of transportation. 2. In respect of damage resulting from the death or bodily injury of a passenger, a liability claim may be initiated in one of the courts referred to in paragraph 1 of this article or in the territory of the State Party in which the passenger has his main and permanent place of residence at the time of the incident and to which or from which the carrier provides services, related to the air transportation of passengers either on their own aircraft or on the aircraft of another carrier on the basis of a commercial agreement and in which this carrier operates, related to the air transportation of passengers, using premises rented by the carrier itself or another carrier with which it has a commercial agreement, or owned by it or such other carrier. 3. For the purposes of paragraph 2: (a) "commercial agreement" means an agreement between the carriers, other than an agency agreement, concerning the provision of their joint services related to the air transportation of passengers; (b) "primary and permanent residence" means one fixed and permanent place of residence of the passenger at the time of the incident. The passenger's nationality is not a determining factor in this regard. 4. The procedure is determined by the law of the court in which the claim is filed.

Article 34. Arbitration

1. Subject to the provisions of this article, the parties to the contract of carriage of goods may establish that any dispute concerning the carrier's liability under this Convention is subject to arbitration. Such an agreement must be made in writing. 2. Arbitration proceedings at the choice of the plaintiff shall be conducted in one of the places in accordance with the jurisdiction of the courts provided for in article 33. 3. The arbitrator or the arbitral tribunal shall apply the provisions of this Convention. 4. The provisions of paragraphs 2 and 3 of this article shall be considered an integral part of any arbitration clause or agreement, and any condition of such clause or agreement incompatible with them shall be null and void.

Article 35. Limitation period

1. A liability claim must be initiated, on pain of loss of the right to claim, within two years from the date of arrival at the destination or from the day when the aircraft should have arrived or from the moment the carriage was stopped. 2. The procedure for calculating this period is determined by the law of the court in which the claim is filed.

Article 36. Consecutive carriers

1. In cases of carriage regulated by the definition of paragraph 3 of article 1, performed by several successive carriers, each carrier receiving passengers, baggage or cargo is subject to the rules established by this Convention and is considered as one of the parties to the contract of carriage, since this contract relates to the part of the carriage performed under its control. 2. In the case of such carriage, the passenger or any person entitled to claim compensation on his behalf may bring proceedings only against the carrier who performed the carriage during which the incident or delay occurred, except in the case when, by special condition, the first carrier assumed responsibility for the entire journey. 3. In respect of baggage or cargo, the passenger or sender may initiate proceedings against the former carrier, and the passenger or the recipient entitled to receive proceedings against the latter; both may, in addition, recover from the carrier who performed the carriage during which the destruction, loss, damage or delay occurred. These carriers will be jointly and severally liable to the sender and recipient.

Article 37. Right of recourse against third parties

This Convention in no way prejudges the question of whether, in accordance with its provisions, a person responsible for harm has the right of recourse against any other person.

Chapter IV Multimodal transport

Article 38. Multimodal transport

1. In the case of multimodal transport carried out partly by air and partly by any other mode of transport, the provisions of this Convention shall apply, subject to paragraph 4 of article 18, only to air transport if the latter meets the conditions of article 1. 2. Nothing in this Convention prevents the parties in the case of multimodal transport from including in the air transport document the conditions relating to carriage by other means of carriage, provided that the provisions of this Convention are applicable to carriage by air.

Chapter V Air transportation carried out by persons who are not carriers under the contract

Article 39. The carrier under the contract. The actual carrier

The provisions of this chapter apply in cases where the person (hereinafter referred to as the "contract carrier") as the main party, enters into a contract of carriage governed by this Convention with the passenger or sender, or with a person acting on behalf of the passenger or sender, and another person (hereinafter referred to as the "actual carrier"), being authorized by the carrier under the contract, performs all or part of the carriage, but is not in relation to of such part by a consistent carrier within the meaning of this Convention. The existence of the mentioned authority is assumed until the proof to the contrary.

Article 40. Liability of the carrier under the contract and the actual carrier

Unless otherwise specified in this chapter, in cases where the actual carrier carries out carriage in whole or in part, which, in accordance with the contract provided for in article 39, is governed by this Convention, both the contractual carrier and the actual carrier are subject to the rules of this Convention, the former of which applies to the entire transportation provided for in the contract, the second - only in relation to the transportation that he carries out.

Article 41. Mutual attribution of responsibility

1. The actions or omissions of the actual carrier and its employees and agents acting within the scope of their duties in relation to the carriage carried out by the actual carrier shall be considered as actions or omissions of the carrier under the contract. 2. The actions or omissions of the carrier under the contract and its employees and agents acting within the scope of their duties in relation to the carriage carried out by the actual carrier are considered to be actions or omissions of the actual carrier. However, these actions or omissions in no case impose on the actual carrier a liability that would exceed the limits provided for in articles 21, 22, 23 and 24. No special agreement under which the carrier under the contract assumes obligations not imposed by this Convention, no waiver of the rights or arguments of protection stipulated by this Convention, or any special declarations of interest in delivery provided for in article 22, shall apply to the actual carrier without his consent. consent.

Article 42. Handling orders and objections

Any orders and objections submitted to the carrier on the basis of this Convention shall have the same effect, regardless of whether they are addressed to the carrier under the contract or to the actual carrier. However, the orders provided for in article 12 are valid only if they are addressed to the carrier under the contract.

Article 43. Employees and agents

In respect of carriage performed by the actual carrier, any employee or agent of that carrier or the contractual carrier, if he proves that he acted within the scope of his duties, has the right to invoke the conditions and limits of liability applicable under this Convention to the carrier of which he is an employee or agent, unless, however, It has been proven that he acted in such a way that, in accordance with this Convention, a reference to the limits of liability cannot take place.

Article 44. Total amount of compensation

In respect of carriage performed by the actual carrier, the total amount of compensation that may be received from that carrier, from the contractual carrier and from its employees and agents acting within the scope of their duties may not exceed the maximum compensation that, on the basis of this Convention, may be collected either from the contractual carrier or from the actual carrier, and none of the mentioned persons is liable beyond the limit applicable to this person.

Article 45. Filing claims

Any claim for liability relating to carriage carried out by the actual carrier may, at the choice of the plaintiff, be brought either against that carrier, or against the contractual carrier, or against both, jointly or separately. If a claim is brought against only one of these carriers, he has the right to involve the other carrier in the case before the court in which the claim is filed, and the procedure for such involvement and its consequences are determined by the law of this court.

Article 46. Additional jurisdiction

Any claim for liability provided for in article 45 must be initiated, at the choice of the plaintiff, within the territory of one of the participating States, either in one of the courts in which the claim may be brought against the carrier under the contract on the basis of article 33, or in a court at the place of residence of the actual carrier or at the location of its main commercial businesses.

Article 47. Invalidity of contractual provisions

Any reservation tending to release the contractual carrier or the actual carrier from liability under this chapter, or to establish a liability limit less than that applicable under this chapter, is invalid and does not give rise to any consequences, but the invalidity of this reservation does not entail the invalidity of the entire contract, which continues be subject to the provisions of this chapter.

Article 48. The relationship between the contract carrier and the actual carrier

With the exception of the provisions of article 45, nothing in this chapter affects the rights and obligations arising between carriers, including any right of recourse or exemption from liability.

Chapter VI Other provisions

Article 49. Mandatory use

Any provisions of the contract of carriage and any special agreements preceding the injury, by which the parties would depart from the rules of this Convention, either by determining the law to be applied or by changing the rules on jurisdiction, are invalid.

Article 50. Insurance

States Parties shall require their carriers to provide adequate liability insurance in accordance with this Convention. The State Party to which the carrier operates flights may require it to provide evidence of adequate liability insurance under this Concept.

Article 51. Transportation carried out under exceptional circumstances

The provisions of articles 3 to 5, 7 and 8 concerning carriage documents do not apply to carriage carried out in exceptional circumstances outside the scope of normal operations of air transport.

Article 52. Defining days

When referring to days in this Convention, calendar days are meant, not working days.

Chapter VII Final provisions

Article 53. Signature, ratification and entry into force

1. This Convention shall be open for signature in Montreal on 28 May 1999 by the States participating in the International Conference on Air Law held in Montreal from 10 to 28 May 1999. After May 28, 1999, the Convention will be open for signature by all States at the Headquarters of the International Civil Aviation Organization in Montreal until its entry into force in accordance with paragraph 6 of this article. 2. This Convention is also open for signature by regional economic integration organizations. For the purposes of this Convention, "regional economic integration organization" means any organization established by the sovereign States of a particular region that has competence in respect of certain matters governed by this Convention and is duly authorized to sign, ratify, accept, approve or accede to this Convention. A reference to a "State Party" or "States Parties" in this Convention in a manner other than in paragraph 2 of article 1, paragraph 1 (b) of article 3, paragraph (b) articles 5, articles 23, 33, 46 and paragraph (b) Article 57 applies equally to the regional economic integration organization. For the purposes of article 24, references to "a majority of States parties" and "one third of States parties" do not apply to a regional economic integration organization. 3. This Convention is subject to ratification by the States and regional economic integration organizations that have signed it. 4. Any State or regional economic integration organization that has not signed this Convention may accept, approve or accede to it at any time. 5. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated as the depositary. 6. This Convention shall enter into force on the sixtieth day following the date of deposit with the depositary of the thirtieth instrument of ratification, acceptance, approval or accession between the States which have deposited such instruments. A document deposited by a regional economic integration organization is not considered for the purposes of this paragraph. 7. For other States and for other regional economic integration organizations, this Convention shall enter into force on the sixtieth day following the date of deposit of the instrument of ratification, acceptance, approval or accession. 8. The Depositary shall immediately notify all signatory States and all States Parties of: (a) each signature of this Convention and the date of such signature; (b) the deposit of each instrument of ratification, acceptance, approval or accession and the date of such deposit.; (c) The date of entry into force of this Convention; (d) The date of entry into force of any amendment to the limits of liability established in accordance with this Convention; (e) Any denunciation in accordance with article 54.

Article 54. Denunciation

1. Any State Party may denounce this Convention by written notification to the depositary. 2. The denunciation shall take effect one hundred and eighty days after the date of receipt of such notification by the depositary.

Article 55. Relationship with other Warsaw Convention documents

This Convention shall prevail over any rules applicable to international carriage by air: 1. Between the States Parties to this Convention, by virtue of the joint participation of these States in: a) The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on October 12, 1929 (hereinafter referred to as Warsaw Convention); b) The Protocol on the Amendment The Warsaw Convention for the Unification of Certain Rules Relating to International Air Transport, signed in Warsaw on October 12, 1929, done at The Hague on September 28, 1955 (hereinafter referred to as the Hague Protocol); c) The Convention additional to the Warsaw Convention for the Unification of Certain Rules Relating to International Air Transport Carried Out by a Person who is not a Carrier for The Treaty signed in Guadalajara on September 18, 1961 (hereinafter referred to as the Guadalajara Convention); (d) Protocol Amending the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw on October 12, 1929 and amended by the Protocol done at The Hague on September 28, 1955, as amended by the Hague Protocol signed in Guatemala on March 8, 1971 (hereinafter referred to as the Guatemala Protocol); (e) Additional Protocols No. 1-3 and Montreal Protocol No. 4 amending the Warsaw Convention as amended by the Hague Protocol or the Warsaw Convention as amended by the Hague and Guatemala Protocols, signed in Montreal on September 25, 1975 (hereinafter referred to as the Montreal Protocols); or 2. within the territory of any individual State Party to this Convention, by virtue of the participation of that State in one or more of the documents mentioned above in subparagraphs (a) - (e).

Article 56. States with more than one legal system

1. If a State has two or more territorial units in which different legal systems apply to matters governed by this Convention, it may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention applies to all of its territorial units or only to one or more of them and may change this apply by submitting another application at any time. 2. Any such declaration shall be notified to the depositary and it shall clearly indicate the territorial units to which the Convention applies. 3. With respect to a State Party that has made such a declaration: (a) references in article 23 to "national currency" are understood to refer to the currency of the relevant territorial unit of that State; and (b) references in article 28 to "national legislation" are understood to refer to the legislation of the relevant territorial unit of that State.

Article 57. Reservations

No reservations to this Convention are permitted, except that a State Party may at any time declare by notification to the depositary that this Convention does not apply to: (a) International air transport performed directly by that State Party for non-commercial purposes in connection with the exercise of its functions and duties as a sovereign State. States; and/or (b) The carriage of persons, cargo and baggage carried out for its military authorities on aircraft registered in or leased by that State Party, which are fully reserved by or on behalf of those authorities.

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

DONE at Montreal on the 28th day of May of the year one thousand nine hundred and ninety-nine in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic. This Convention shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be sent by the depositary to all States Parties to this Convention, as well as to all States Parties to the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala Protocol and the Montreal Protocols.

President

Republic of Kazakhstan

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