The Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002

• Citation: S.I. 2002/263
• Sections: 86

Section 1 Citation, commencement and effect

(1) This Order may be cited as the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002.

(2) This Order shall come into force on the day the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999 comes into force or takes effect for the United Kingdom and the Secretary of State shall give notice of that day in the London, Edinburgh and Belfast Gazettes.

(3) Nothing in this Order shall affect rights and liabilities arising out of an occurrence which took place before the coming into force of this Order.

Section 2 Amendments of the Carriage by Air Act 1961

(1) The Carriage by Air Act 1961 is amended as follows.

(2) For section 1, substitute—

Convention to have the force of law

(1)

(1) The applicable provisions of the Carriage by Air Conventions have the force of law in the United Kingdom in relation to any carriage by air to which they apply, irrespective of the nationality of the aircraft performing that carriage.

(2) Subsection (1) does not apply in relation to Community air carriers to the extent that the provisions of the Council Regulation have the force of law in the United Kingdom.

(3) Subsection (1) is subject to the other provisions of this Act.

(4) If more than one of the Carriage by Air Conventions applies to a carriage by air, the applicable provisions that have the force of law in the United Kingdom are those of whichever is the most recent applicable Convention in force.

(5) The Carriage by Air Conventions are—

(a) the Convention known as “the Warsaw Convention as amended at The Hague, 1955” (“the Convention”);

(b) that Convention as further amended by Protocol No. 4 of Montreal, 1975 (“the Convention as amended”); and

(c) the Convention known as “the Montreal Convention 1999” (“the Montreal Convention”).

(6) “The applicable provisions” means—

(a) the provisions of the Convention set out in Schedule 1,

(b) the provisions of the Convention as amended set out in Schedule 1A, and

(c) the provisions of the Montreal Convention set out in Schedule 1B,

so far as they relate to the rights and liabilities of carriers, carriers' servants and agents, passengers, consignors, consignees and other persons.

(7) In this Act a reference to an Article of, or Protocol to, any of the Carriage by Air Conventions is a reference to that Article or Protocol as it appears in the Schedule in which it is set out.

(8) If there is any inconsistency between the text in English in Part I of Schedule 1 or 1A and the text in French in Part II of that Schedule, the French text shall prevail.

(3) In subsection (1) of section 2 (designation of High Contracting Parties)—

(a) for “the Convention or the Convention as amended” substitute “any of the Carriage by Air Conventions”; and

(b) for the words from “the Additional Protocol” to the end substitute

the Additional Protocol at the end of the Convention;

the Additional Protocol at the end of the Convention as amended; or

Article 57(a) of the Montreal Convention.

(4) After subsection (1) of that section, insert—

(1A) Her Majesty may by Order in Council certify any revision of the limits of liability established under the Montreal Convention.

(5) For subsection (2) of that section substitute—

(2) The provisions of the Carriage by Air Conventions mentioned in subsection (2A) shall not be read as extending references in the applicable provisions to the territory of a High Contracting Party (except such as are references to the territory of any State, whether a High Contracting Party or not) to include any territory in respect of which that High Contracting Party is not a party.

(2A) The provisions are—

(a) Article 40A(2) of the Convention;

(b) Article 40A(2) of the Convention as amended; and

(c) paragraph 1 of Article 56 of the Montreal Convention.

(6) In section 3 (fatal accidents), for “Article 17 in Schedule 1 or 1A to this Act” substitute

Article 17 of the Convention;

Article 17 of the Convention as amended; or

Article 17.1 of the Montreal Convention.

(7) For subsection (1) of section 4 (limitation of liability) substitute—

(1) It is hereby declared that the limitations on liability in the applicable provisions mentioned in subsection (1A) apply whatever the nature of the proceedings by which liability may be enforced.

(1A) The provisions are—

(a) Article 22 of the Convention;

(b) Article 22 of the Convention as amended; and

(c) Articles 21 and 22 of the Montreal Convention.

(1B) The limitation for each passenger in—

(a) paragraph (1) of Article 22 of the Convention or of the Convention as amended, and

(b) Article 21 and paragraph (1) of Article 22 of the Montreal Convention,

applies to the aggregate liability of the carrier in all proceedings which may be brought against him under the law of any part of the United Kingdom, together with any proceedings brought against him outside the United Kingdom.

(8) In subsection (2) of that section—

(a) for “the said Article 22” substitute “a provision mentioned in subsection (3A)”; and

(b) for “the provisions of the said Article 22” substitute “that provision”.

(9) In subsection (3) of that section, for “the said Article 22” substitute “a provision mentioned in subsection (3A)”.

(10) After subsection (3) of that section, insert—

(3A) The provisions are—

(a) Article 22 of the Convention;

(b) Article 22 of the Convention as amended; and

(c) Articles 21, 22 and 44 of the Montreal Convention.

(11) In subsection (5) of that section—

(a) after “Article 22” insert “of the Convention or of the Convention as amended”; and

(b) after “Article 25A” insert “of that Convention”.

(12) In section 4A (notice of partial loss), in subsection (1), for the words from the beginning to “shall”, where it first occurs, substitute “References to damage in the provisions mentioned in subsection (2)”.

(13) For subsection (2) of section 4A substitute—

(2) The provisions are—

(a) Article 26(2) of the Convention;

(b) Article 26(2) of the Convention as amended; and

(c) Article 31(2) of the Montreal Convention.

(14) In section 5 (time for bringing actions), in subsection (1), for “the Convention or the Convention as amended relates” substitute “any of the Carriage by Air Conventions applies”.

(15) In subsection (2) of that section—

(a) for “Article 29 in Schedule 1 or 1A to this Act shall” substitute “The provisions mentioned in subsection (4)”; and

(b) for “the Convention or the Convention as amended” substitute “any of the Carriage by Air Conventions”.

(16) In subsection (3) of that section, for the words from the beginning to “shall” substitute “Subsections (1) and (2) and the provisions mentioned in subsection (4)”.

(17) After subsection (3) of that section, insert—

(4) The provisions are—

(a) Article 29 of the Convention;

(b) Article 29 of the Convention as amended; and

(c) Article 35 of the Montreal Convention.

(5) If the Montreal Convention applies, “carrier” in this section includes an actual carrier as defined by Article 39 of that Convention.

(18) In section 6 (contributory negligence)—

(a) the existing provision becomes subsection (1); and

(b) for “Article 21 in Schedule 1 or 1A to this Act” substitute “the provisions mentioned in subsection (2)”.

(19) After subsection (1) of that section, insert—

(2) The provisions are—

(a) Article 21 of the Convention;

(b) Article 21 of the Convention as amended; and

(c) Article 20 of the Montreal Convention.

(20) In section 7 (power to exclude aircraft in use for military purposes), for “Convention as set out in Schedule 1 or 1A” substitute “the applicable provisions”.

(21) For section 8 (action against High Contracting Parties) substitute—

Actions against parties to Conventions.

(8)

(1) Each party to a Carriage by Air Convention, for the purposes of any action brought in a court in the United Kingdom in accordance with a provision mentioned in subsection (5) to enforce a claim in respect of carriage undertaken by him, is deemed to have submitted to the jurisdiction of that court.

(2) Accordingly, rules of court may provide for the manner in which any such action is to be commenced and carried on.

(3) But nothing in this section shall authorise the issue of execution against the property of any party to a Carriage by Air Convention.

(4) Subsections (1) and (2) do not apply to a party to a Carriage by Air Convention who has availed himself, in relation to a provision mentioned in subsection (5), of—

(a) the Additional Protocol at the end of the Convention,

(b) the Additional Protocol at the end of the Convention as amended; or

(c) Article 57(a) of the Montreal Convention.

(5) The provisions are—

(a) Article 28 of the Convention;

(b) Article 28 of the Convention as amended;

(c) Articles 33 and 46 of the Montreal Convention.

(6) “Party” means—

(a) in relation to the Convention and the Convention as amended, a High Contracting Party; and

(b) in relation to the Montreal Convention, a State Party.

(22) In section 10 (application to carriage by air not governed by Convention)—

(a) for “Schedule 1 or 1A to this Act” substitute “the applicable provisions of any of the Carriage by Air Conventions”; and

(b) for “Convention or Convention as amended” substitute “Convention in question”.

(23) In section 11 (application to Scotland), in paragraph (b), for “Article 17 in Schedule 1 or 1A to this Act” substitute

Article 17 of the Convention,

Article 17 of the Convention as amended, and

Article 17.1 of the Montreal Convention,

(24) In section 14 (interpretation etc ), for subsection (2) substitute—

(2) in this Act—

“the applicable provisions” has the meaning, given in section 1(6);

“the Carriage by Air Conventions” has the meaning given in section 1(5);

“the Convention”, “the Convention as amended” and “the Montreal Convention” have the meaning given in section 1(5);

“the Council Regulation” means Council Regulation ( EC ) No. 2027/97 of 9th October 1997 on air carrier liability in the event of accidents as it has effect in accordance with the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 as amended by the Decision of the EEA Joint Committee No. 34/98 of 30th April 1998 ,

“Community air carrier” has the meaning given by Article 2 of the Council Regulation; and

“court” includes (in an arbitration allowed by the Convention) an arbitrator.

(25) After Schedule 1A there shall be inserted, as Schedule 1B, the provisions set out in Schedule 1 to this Order.

(26) For Part II of Schedule 1A there shall be substituted the provisions in Schedule 2 to this Order.

Section 3 Amendments of the Carriage by Air (Supplementary Provisions) Act 1962

(1) The Carriage by Air (Supplementary Provisions) Act 1962 is amended as follows.

(2) In subsection (1) of section 3 (Application of provisions of Acts of 1961 and 1932) for “subsections (2) and (3)” substitute “subsection (3A)(a) and (b)”.

(3) In subsection (2) of that section after “carrier” insert “in a case where the Convention or the Convention as amended, as defined in section 1(5) of that Act, applies”.

Section 1 Article 1—Scope of Application

This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.

Section 1 Article 2—Carriage Performed by State and Carriage of Postal Items

This Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.

Section 1 Article 3—Passengers and Baggage

In respect of carriage of passengers, an individual or collective document of carriage shall be delivered containing:

(a) an indication of the places of departure and destination;

(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.

Section 1 Article 4—Cargo

In respect of the carriage of cargo, an air waybill shall be delivered.

Section 1 Article 7—Description of Air Waybill

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

Section 1 Article 10—Responsibility for Particulars of Documentation

The consignor is responsible for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt or for insertion in the record preserved by the other means referred to in paragraph 2 of Article 4. The foregoing shall also apply where the person acting on behalf of the consignor is also the agent of the carrier.

Section 1 Article 11—Evidentiary Value of Documentation

The air waybill or the cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage mentioned therein.

Section 1 Article 12—Right of Disposition of Cargo

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.

Section 1 Article 13—Delivery of the Cargo

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.

Section 1 Articles 15—Relations of Consignor and Consignee or Mutual Relations of Third Parties

Articles 12, 13 and 14 do not affect either the relations of the consignor and the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.

Section 1 Article 16—Formalities of Customs, Police or Other Public Authorities

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.

Section 1 Article 17—Death and Injury of Passengers—Damage to Baggage

The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

Section 1 Article 18—Damage to Cargo

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.

Section 1 Article 21—Compensation in Case of Death or Injury of Passengers

For damages arising under paragraph 1 of Article 17 not exceeding 100,000 Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability.

Section 1 Article 22—Limits of Liability in Relation to Delay, Baggage and Cargo

In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 Special Drawing Rights.

Section 1 Article 23—Conversion of Monetary Units

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.

Section 1 Article 24—Review of Limits

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.

Section 1 Article 30—Servants, Agents—Aggregation of Claims

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.

Section 1 Article 31—Timely Notice of Complaints

Receipt by the person entitled to delivery of checked baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage or with the record preserved by the other means referred to in paragraph 2 of Article 3 and paragraph 2 of Article 4.

Section 1 Article 33—Jurisdiction

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.

Section 1 Article 34—Arbitration

Subject to the provisions of this Article, the parties to the contract of carriage for cargo may stipulate that any dispute relating to the liability of the carrier under this Convention shall be settled by arbitration. Such agreement shall be in writing.

Section 1 Article 35—Limitation of Actions

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.

Section 1 Article 36—Successive Carriage

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.

Section 1 Article 38—Combined Carriage

In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention shall, subject to paragraph 4 of Article 18, apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.

Section 1 Article 41—Mutual Liability

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.

Section 1 Article 55—Relationship with other Warsaw Convention Instruments

between States Parties to this Convention by virtue of those States commonly being Party to:

(a) the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 (hereinafter called the Warsaw Convention);

(b) the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929, Done at The Hague on 28 September 1955 (hereinafter called The Hague Protocol);

(c) the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed at Guadalajara on 18 September 1961 (hereinafter called the Guadalajara Convention);

(d) the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955 Signed at Guatemala City on 8 March 1971 (hereinafter called the Guatemala City Protocol);

(e) Additional Protocol Nos. 1 to 3 and Montreal Protocol No. 4 to amend the Warsaw Convention as amended by The Hague Protocol or the Warsaw Convention as amended by both The Hague Protocol and the Guatemala City Protocol Signed at Montreal on 25 September 1975 (hereinafter called the Montreal Protocols); or

Section 2 Article 1—Scope of Application

For the purposes of this Convention, the expression international carriage means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two States Parties, or within the territory of a single State Party if there is an agreed stopping 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 stopping place within the territory of another State is not international carriage for the purposes of this Convention.

Section 2 Article 2—Carriage Performed by State and Carriage of Postal Items

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

Section 2 Article 3—Passengers and Baggage

Any other means which preserves the information indicated in paragraph 1 may be substituted for the delivery of the document referred to in that paragraph. If any such other means is used, the carrier shall offer to deliver to the passenger a written statement of the information so preserved.

Section 2 Article 4—Cargo

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.

Section 2 Article 7—Description of Air Waybill

The first part shall be marked “for the carrier”; it shall be signed by the consignor. The second part shall be marked “for the consignee”; it shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the cargo has been accepted.

Section 2 Article 10—Responsibility for Particulars of Documentation

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.

Section 2 Article 11—Evidentiary Value of Documentation

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.

Section 2 Article 12—Right of Disposition of Cargo

If it is impossible to carry out the instructions of the consignor, the carrier must so inform the consignor forthwith.

Section 2 Article 13—Delivery of the Cargo

Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.

Section 2 Articles 15—Relations of Consignor and Consignee or Mutual Relations of Third Parties

The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill or the cargo receipt.

Section 2 Article 16—Formalities of Customs, Police or Other Public Authorities

The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.

Section 2 Article 17—Death and Injury of Passengers—Damage to Baggage

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.

Section 2 Article 18—Damage to Cargo

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:

(a) inherent defect, quality or vice of that cargo;

(b) defective packing of that cargo performed by a person other than the carrier or its servants or agents;

(c) an act of war or an armed conflict;

(d) an act of public authority carried out in connection with the entry, exit or transit of the cargo.

Section 2 Article 21—Compensation in Case of Death or Injury of Passengers

The carrier shall not be liable for damages arising under paragraph 1 of Article 17 to the extent that they exceed for each passenger 100,000 Special Drawing Rights if the carrier proves that:

(a) such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or

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

Section 2 Article 22—Limits of Liability in Relation to Delay, Baggage and Cargo

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.

Section 2 Article 23—Conversion of Monetary Units

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.

Section 2 Article 24—Review of Limits

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.

Section 2 Article 30—Servants, Agents—Aggregation of Claims

The aggregate of the amounts recoverable from the carrier, its servants and agents, in that case, shall not exceed the said limits.

Section 2 Article 31—Timely Notice of Complaints

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.

Section 2 Article 33—Jurisdiction

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.

Section 2 Article 34—Arbitration

The arbitration proceedings shall, at the option of the claimant, take place within one of the jurisdictions referred to in Article 33.