Cap. 500 - Carriage by Air Ordinance

An Ordinance to give effect to certain Conventions concerning international carriage by air; to make provisions relating to non-international carriage by air and international carriage by air to which the Conventions do not apply; and for related purposes. [5 February 1997](Format changes—E.R. 4 of 2023) (Enacting provision omitted—E.R. 4 of 2023) Part I Preliminary 1. Short title This Ordinance may be cited as the Carriage by Air Ordinance. 2. Interpretation (1) In this Ordinance, unless the context otherwise requires—High Contracting Party (締約方) means a party to any of the following, as may be appropriate—(a) the amended Convention;(b) the Guadalajara Convention;(c) the Warsaw Convention; (Replaced 22 of 2005 s. 3)Monetary Authority (金融管理專員) means the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap. 66);Special Drawing Rights (特別提款權) means units of account used by the International Monetary Fund and known as Special Drawing Rights; (Replaced 22 of 2005 s. 3)State Party (當事國) means a party to the Montreal Convention; (Added 22 of 2005 s. 3)the Additional Protocol (《附加議定書》) means the Additional Protocol to the Warsaw Convention the provisions of which are set out at the end of Schedule 1;the amended Convention (《經修訂公約》) means the Warsaw Convention as amended by the Hague Protocol of 28 September 1955 the provisions of which are set out in Schedule 1;the Guadalajara Convention (《瓜達拉哈拉公約》) means 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, the provisions of which are set out in Schedule 2;the Hague Protocol (《海牙議定書》) means the Protocol to amend the Warsaw Convention signed at The Hague on 28 September 1955;the Montreal Convention (《蒙特利爾公約》) means the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999, the provisions of which are set out in Schedule 1A; (Added 22 of 2005 s. 3)the Warsaw Convention (《華沙公約》) means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929, including the Additional Protocol, which was established in a single original in the French language, except that in the Guadalajara Convention, the Warsaw Convention (《華沙公約》) means the unamended Warsaw Convention or the amended Convention depending upon which Convention governs the carriage in question. (Amended E.R. 4 of 2023)(Amended E.R. 4 of 2023)[App. III, p. CG1 art. 2(1) & 1962 c. 43 s. 2(1)(b) U.K.](2) In this Ordinance, court (法院) includes, in an arbitration allowed by the Montreal Convention, the amended Convention, the Warsaw Convention or the Guadalajara Convention, an arbitrator. (Replaced 22 of 2005 s. 3)[1961 c. 27 s. 14(2) U.K. & 1962 c. 43 s. 2(2) U.K.] Part IA International Carriage to which the Montreal Convention Applies (Part IA added 22 of 2005 s. 4) 2A. Montreal Convention to have the force of law The provisions of the Montreal Convention as set out in Schedule 1A, so far as they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees and other persons, and subject to this Ordinance, have the force of law in relation to any carriage by air to which the Montreal Convention applies, irrespective of the nationality of the aircraft performing that carriage. 2B. Fatal accidents (1) Any liability imposed by paragraph (1) of Article 17 of the Montreal Convention on a carrier in respect of the death of a passenger (in this section referred to as the liability) is in substitution for any liability of the carrier in respect of the death of that passenger either under any enactment or at common law and the following provisions of this section have effect with respect to the persons by whom or for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced.(2) The liability is enforceable for the benefit of any member of the passenger’s family who sustained damage by reason of the passenger’s death.(3) For the purposes of this section the following are taken to be the members of the passenger’s family, that is to say, the passenger’s spouse, parents, grandparents, children and grandchildren and any person who is, or is the issue of, a brother, sister, uncle or aunt of the passenger.(4) In deducing any relationship for the purposes of this section—(a) notwithstanding paragraphs (b) and (c), an adopted person is treated as the child of the person or persons by whom he was adopted and not as the child of any other person;(b) any relationship by affinity is treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the step-child of any person as the child of that person; and(c) an illegitimate child is treated as a legitimate child of his mother and reputed father.(5) Subject to this Part, an action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is, by virtue of subsections (2), (3) and (4), enforceable, but only one action may be brought in respect of the death of any one passenger and every such action by whomsoever brought must be for the benefit of all such persons so entitled as either are domiciled in Hong Kong or, not being domiciled there, express a desire to take the benefit of this action.(6) Subject to this Part, the amount recovered in an action to enforce the liability, after deducting any costs not recoverable from the defendant, shall be divided between the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs. 2C. Limitations on liability (1) The limitations on liability in Article 21 or 22, as may be appropriate, of the Montreal Convention apply whatever the nature of the proceedings by which liability may be enforced and in particular—(a) those limitations apply where proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor; and(b) the limitations for each passenger in Article 21 or paragraph (1) of Article 22, as may be appropriate, of the Montreal Convention apply to the aggregate liability of the carrier in all proceedings which may be brought against the carrier under the law of Hong Kong together with any proceedings brought against the carrier outside Hong Kong.(2) A court before which proceedings are brought to enforce a liability which is limited by Article 21 or 22, as may be appropriate, of the Montreal Convention may, at any stage of the proceedings, make any such order as appears to the court to be just and equitable in view of that Article and of any other proceedings which have been, or are likely to be, commenced in Hong Kong or elsewhere to enforce the liability in whole or in part.(3) Without prejudice to subsection (2), a court before which proceedings are brought to enforce a liability which is limited by Article 21 or 22, as may be appropriate, of the Montreal Convention and which is, or may be, partly enforceable in other proceedings in Hong Kong or elsewhere, has jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.(4) The Monetary Authority may specify in Hong Kong dollars the amounts which for the purposes of Article 21, 22 or 23, as may be appropriate, of the Montreal Convention are to be taken as equivalent for a particular day to the sums expressed in Special Drawing Rights or monetary units in that Article.(5) A certificate given by or on behalf of the Monetary Authority in pursuance of subsection (4) is conclusive evidence of the materials stated in it for the purposes of Article 21, 22 or 23, as may be appropriate, of the Montreal Convention, and a document purporting to be such a certificate is, in any proceedings, to be received in evidence and, unless the contrary is proved, deemed to be such a certificate.(6) The Monetary Authority may charge a reasonable fee for any certificate given under this section, and every such fee shall be paid into the general revenue.(7) References in this section to the limitations on liability, however expressed, in Articles 21 and 22 of the Montreal Convention include, subject to any necessary modifications, references to the limits of liability, however expressed, as applied by Articles 30 and 44 of that Convention. 2D. Time for bringing proceedings (1) No action against a carrier’s servant or agent which arises out of damage to which the Montreal Convention relates shall, if the servant or agent was acting within the scope of his employment, be brought after more than 2 years reckoned from—(a) the date of arrival at the destination;(b) the date on which the aircraft ought to have arrived; or(c) the date on which the carriage stopped.(2) Article 35 of the Montreal Convention does not apply to any proceedings for contribution between tortfeasors, but no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which that Article applies after the expiration of 2 years from the time when judgment is obtained against the person seeking to obtain the contribution.(3) Subsections (1) and (2) and Article 35 of the Montreal Convention have effect as if references in those provisions to an action included references to an arbitration.(4) References in this section to a carrier include references to an actual carrier and a contracting carrier as referred to in Article 39 of the Montreal Convention. 2E. Action against State Parties (1) Every State Party which has not made a declaration under Article 57(a) of the Montreal Convention is deemed, for the purposes of any action brought in a court in Hong Kong in accordance with Article 33 of that Convention to enforce a claim in respect of carriage undertaken by that Party, to have submitted to the jurisdiction of that court.(2) Rules of court may provide for the manner in which an action referred to in subsection (1) is to be commenced and carried on and section 54 of the High Court Ordinance (Cap. 4) is deemed to be amended accordingly.(3) Nothing in this section authorizes the issue of execution against the property of a State Party.(4) In the case of an action for damages that is contemplated in Article 45 of the Montreal Convention, the reference to Article 33 of that Convention in subsection (1) includes a reference to Article 46 of that Convention. Part II International Carriage to which the Amended Convention but not the Montreal Convention Applies (Amended 22 of 2005 s. 5) 3. The amended Convention to have the force of law (Amended E.R. 4 of 2023)(1) The provisions of the amended Convention as set out in Schedule 1, so far as they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees and other persons, and subject to this Ordinance, have the force of law in relation to any carriage by air to which the amended Convention applies, irrespective of the nationality of the aircraft performing that carriage. (Amended 22 of 2005 s. 6)(2) Notwithstanding subsection (1), where the Montreal Convention applies to a carriage by air to which the amended Convention applies (whether or not the Guadalajara Convention also applies), the provisions in this Part do not apply to that carriage by air. (Added 22 of 2005 s. 6)[1961 c. 27 s. 1(1) U.K.] 4. References to territory of High Contracting Party (1) (Repealed 22 of 2005 s. 7)(2) Paragraph (2) of Article 40A of the amended Convention does not extend the references in that Convention 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.(3) (Repealed 22 of 2005 s. 7)[1961 c. 27 s. 2 U.K.] 5. Fatal accidents (1) Any liability imposed by Article 17 of the amended Convention on a carrier in respect of the death of a passenger (in this section referred to as the liability) is in substitution for any liability of the carrier in respect of the death of that passenger either under any enactment or at common law and the following provisions of this section have effect with respect to the persons by whom or for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced. (Amended 22 of 2005 s. 8)(2) The liability is enforceable for the benefit of any member of the passenger’s family who sustained damage by reason of the passenger’s death.(3) For the purposes of this section the following are taken to be the members of the passenger’s family, that is to say, the passenger’s spouse, parents, grandparents, children and grandchildren and any person who is, or is the issue of, a brother, sister, uncle or aunt of the passenger.(4) In deducing any relationship for the purposes of this section—(a) notwithstanding paragraphs (b) and (c), an adopted person is treated as the child of the person or persons by whom he was adopted and not as the child of any other person; (Replaced 22 of 2005 s. 8)(b) any relationship by affinity is treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the step-child of any person as the child of that person; and(c) an illegitimate child is treated as a legitimate child of his mother and reputed father.(5) Subject to this Part, an action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is, by virtue of subsections (2), (3) and (4), enforceable, but only one action may be brought in respect of the death of any one passenger and every such action by whomsoever brought must be for the benefit of all such persons so entitled as either are domiciled in Hong Kong or, not being domiciled there, express a desire to take the benefit of this action. (Amended 22 of 2005 s. 8)(6) Subject to this Part, the amount recovered in an action to enforce the liability, after deducting any costs not recoverable from the defendant, shall be divided between the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.[1961 c. 27 s. 3 U.K. & App. III, p. CG1 Second Annex to Sch. 1] 6. Limitations on liability (1) The limitations on liability in Article 22 of the amended Convention apply whatever the nature of the proceedings by which liability may be enforced and in particular—(a) those limitations apply where proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor; and(b) the limitation for each passenger in paragraph (1) of that Article applies to the aggregate liability of the carrier in all proceedings which may be brought against the carrier under the law of Hong Kong together with any proceedings brought against the carrier outside Hong Kong.(2) A court before which proceedings are brought to enforce a liability which is limited by Article 22 of the amended Convention may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of that Article and of any other proceedings which have been, or are likely to be, commenced in Hong Kong or elsewhere to enforce the liability in whole or in part.(3) Without prejudice to subsection (2), a court before which proceedings are brought to enforce a liability which is limited by Article 22 of the amended Convention and which is, or may be, partly enforceable in other proceedings in Hong Kong or elsewhere, has jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.(4) The Monetary Authority may specify in Hong Kong dollars the respective amounts which for the purposes of Article 22 of the amended Convention, and in particular of paragraph (5) of that Article, are to be taken as equivalent for a particular day to the sums expressed in francs in that Article.(5) A certificate given by or on behalf of the Monetary Authority in pursuance of subsection (4) is conclusive evidence of the materials stated in it for the purposes of Article 22 of the amended Convention, and in particular of paragraph (5) of that Article, and a document purporting to be such a certificate is, in any proceedings, to be received in evidence and, unless the contrary is proved, deemed to be such a certificate.(6) The Monetary Authority may charge a reasonable fee for any certificate given under this section, and every such fee shall be paid into the general revenue.(7) References in this section to Article 22 of the amended Convention include, subject to any necessary modifications, references to that Article as applied by Article 25A of the amended Convention.[1961 c. 27 s. 4 U.K.] 7. Time for bringing proceedings (1) No action against a carrier’s servant or agent which arises out of damage to which the amended Convention relates shall, if the servant or agent was acting within the scope of his employment, be brought after more than 2 years reckoned from—(a) the date of arrival at the destination;(b) the date on which the aircraft ought to have arrived; or(c) the date on which the carriage stopped.(2) Article 29 of the amended Convention does not apply to any proceedings for contribution between tortfeasors, but no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which Article 29 applies after the expiration of 2 years from the time when judgment is obtained against the person seeking to obtain the contribution.(3) Subsections (1) and (2) and Article 29 of the amended Convention have effect as if references in those provisions to an action included references to an arbitration.[1961 c. 27 s. 5 U.K.] 8. Power to exclude aircraft in use for military purposes (1) Where the Central People’s Government issues an instruction to the Chief Executive to direct that this section shall apply, or shall cease to apply, to any State or territory specified in the instruction, the Chief Executive shall, by notice in the Gazette, comply with that instruction. (Amended 2 of 2012 s. 3)(2) The amended Convention does not apply to the carriage of persons, cargo and baggage for the military authorities of a State or territory to which this section applies by virtue of a notice under subsection (1) in aircraft registered in that State or territory if the whole capacity of the aircraft has been reserved by or on behalf of those authorities.[1961 c. 27 s. 7 U.K.] 9. Actions against High Contracting Parties (1) Every High Contracting Party to the amended Convention which has not availed itself of the Additional Protocol is deemed, for the purposes of any action brought in a court in Hong Kong in accordance with Article 28 of the amended Convention to enforce a claim in respect of carriage undertaken by that Party, to have submitted to the jurisdiction of that court.(2) Rules of court may provide for the manner in which an action referred to in subsection (1) is to be commenced and carried on and section 54 of the High Court Ordinance (Cap. 4) is deemed to be amended accordingly. (Amended 25 of 1998 s. 2)(3) Nothing in this section authorizes the issue of execution against the property of a High Contracting Party.[1961 c. 27 s. 8 U.K.] 10. Guadalajara Convention to have the force of law (1) The provisions of the Guadalajara Convention as set out in Schedule 2, so far as they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees and other persons, and subject to section 11, have the force of law in relation to any carriage by air to which the Guadalajara Convention applies, irrespective of the nationality of the aircraft performing that carriage.[1962 c. 43 s. 1(1) U.K.](2) (Repealed 22 of 2005 s. 9) 11. Application of provisions of sections 6, 7 and 9 (1) In section 6(1), (2) and (3), references to Article 22 of the amended Convention include, subject to any necessary modifications, references to Article VI of the Guadalajara Convention. (Amended 22 of 2005 s. 10)(2) In section 7 (which limits the time for bringing proceedings against a carrier’s servant or agent and to obtain contribution from a carrier) references to a carrier include references to an actual carrier as defined in paragraph (c) of Article I of the Guadalajara Convention as well as to a contracting carrier as defined in paragraph (b) of that Article.(3) In section 9 (which relates to actions against High Contracting Parties brought in Hong Kong in accordance with Article 28 of the amended Convention) the reference to Article 28 includes a reference to Article VIII of the Guadalajara Convention.[1962 c. 43 s. 3 U.K.] Part III International and Non-international Carriage to which the Montreal Convention and the Amended Convention do not Apply (Amended 22 of 2005 s. 11) 12. Application (1) This Part applies to all carriage by air, not being carriage to which the Montreal Convention or the amended Convention applies. (Amended 22 of 2005 s. 12) [App. III, p. CH1 art. 3](2) The Governor may by notice in the Gazette direct that, in relation to Hong Kong, any carriage or class of carriage, or any person or class of person is exempted from any of the requirements of this Part, and any such direction may be expressed to be, and if so expressed takes effect, subject to any conditions or limitations which in the circumstances of the case appear to the Governor to be required.[App. III, p. CH1 art. 6] 13. Non-international carriage, and carriage of mail and postal packages Schedule 3 has effect in respect of carriage to which this Part applies, being either—(a) carriage which is not international carriage as defined in Schedule 4; or(b) carriage of mail or postal packages.[App. III, p. CH1 art. 4] 14. International carriage under the Warsaw Convention (1) This section and Schedule 4 have effect in respect of carriage to which this Part applies, being carriage which is international carriage as defined in that Schedule. [App. III, p. CH1 art. 5(1)](2)-(3) (Repealed 22 of 2005 s. 13)(4) Every High Contracting Party to the Warsaw Convention which has not availed itself of the Additional Protocol is deemed, for the purposes of any action brought in a court in Hong Kong in accordance with Article 28 in Part I of Schedule 4 to enforce a claim in respect of carriage undertaken by that Party, to have submitted to the jurisdiction of that court.(5) Rules of court may provide for the manner in which an action referred to in subsection (4) is to be commenced and carried on and section 54 of the High Court Ordinance (Cap. 4) is deemed to be amended accordingly. (Amended 25 of 1998 s. 2)(6) Nothing in this section authorizes the issue of execution against the property of a High Contracting Party.[1961 c. 27 s. 8 U.K. as applied by App. III, p. CH1 Sch. 3] 15. Fatal accidents (1) Any liability imposed by paragraph (1) of Article 17 of Schedule 3 or Article 17 in Part I of Schedule 4, as may be appropriate, on a carrier in respect of the death of a passenger (in this section called the liability) is in substitution for any liability of the carrier in respect of the death of that passenger either under any enactment or at common law and the following provisions of this section have effect with respect to the persons by whom or for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced. (Amended 22 of 2005 s. 14) [1961 c. 27 s. 3 U.K. as applied by App. III, p. CH1 Sch. 1](2) The liability is enforceable for the benefit of any members of the passenger’s family who sustained damage by reason of the passenger’s death.(3) For the purposes of this section the following are taken to be the members of the passenger’s family, that is to say, the passenger’s spouse, parents, grandparents, children and grandchildren and any person who is, or is the issue of, a brother, sister, uncle or aunt of the passenger.(4) In deducing any relationship for the purposes of this section—(a) notwithstanding paragraphs (b) and (c), an adopted person is treated as the child of the person or persons by whom he was adopted and not as the child of any other person; (Replaced 22 of 2005 s. 14)(b) any relationship by affinity is treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the step-child of any person as the child of that person; and(c) an illegitimate child is treated as a legitimate child of his mother and reputed father.(5) Subject to this Part, an action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is, by virtue of subsections (2), (3) and (4), enforceable, but only one action may be brought in respect of the death of any one passenger and every such action by whomsoever brought must be for the benefit of all such persons so entitled as either are domiciled in Hong Kong or, not being domiciled there, express a desire to take the benefit of this action. (Amended 22 of 2005 s. 14)(6) Subject to this Part, the amount recovered in an action to enforce the liability, after deducting any costs not recoverable from the defendant, shall be divided between the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.[1961 c. 27 s. 3 U.K. as modified by App. III, p. CH1 Annex to Part I of Sch. 1] 16. Limitations on liability (1) The limitations on liability in Article 21 or 22 of Schedule 3, or Article 22 in Part I of Schedule 4, as may be appropriate, apply whatever the nature of the proceedings by which liability may be enforced and in particular— (Amended 22 of 2005 s. 15)(a) those limitations apply where proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor; and(b) the limitation for each passenger in Article 21 or paragraph (1) of Article 22 of Schedule 3, or paragraph (1) of Article 22 in Part I of Schedule 4, as may be appropriate, applies to the aggregate liability of the carrier in all proceedings which may be brought against the carrier under the law of Hong Kong together with any proceedings brought against the carrier outside Hong Kong. (Amended 22 of 2005 s. 15)(2) A court before which proceedings are brought to enforce a liability which is limited by Article 21 or 22 of Schedule 3, or Article 22 in Part I of Schedule 4, as may be appropriate, may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of that Article, and of any other proceedings which have been, or are likely to be, commenced in Hong Kong or elsewhere to enforce the liability in whole or in part. (Amended 22 of 2005 s. 15)(3) Without prejudice to subsection (2), a court before which proceedings are brought to enforce a liability which is limited by Article 21 or 22 of Schedule 3, or Article 22 in Part I of Schedule 4, as may be appropriate, and which is, or may be, partly enforceable in other proceedings in Hong Kong or elsewhere, has jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings. (Amended 22 of 2005 s. 15)(4) The Monetary Authority may specify in Hong Kong dollars the amounts which for the purposes of Article 21 or 22 of Schedule 3, or Article 22 in Part I of Schedule 4, as may be appropriate, are to be taken as equivalent for a particular day to the sums expressed in Special Drawing Rights or francs in that Article. (Replaced 22 of 2005 s. 15)(5) A certificate given by or on behalf of the Monetary Authority in pursuance of subsection (4) is conclusive evidence of the materials stated in it for the purposes of Article 21 or 22 of Schedule 3, or Article 22 in Part I of Schedule 4, as may be appropriate, and a document purporting to be such a certificate is, in any proceedings, to be received in evidence and, unless the contrary is proved, deemed to be such a certificate. (Replaced 22 of 2005 s. 15)(6) The Monetary Authority may charge a reasonable fee for any certificate given under this section, and every such fee shall be paid into the general revenue.(7) References in this section to the limitations on liability, however expressed, in Articles 21 and 22 of Schedule 3 and Article 22 in Part I of Schedule 4 include, subject to any necessary modifications, references to the limits of liability, however expressed, as applied by Articles 30 and 44 of Schedule 3. (Replaced 22 of 2005 s. 15)[1961 c. 27 s. 4 U.K. as applied by App. III, p. CH1 Sch. 1] 17. Time for bringing proceedings (1) No action against a carrier’s servant or agent which arises out of damage to which the Warsaw Convention relates shall, if he was acting within the scope of his employment, be brought after more than 2 years reckoned from— (Amended 22 of 2005 s. 16)(a) the date of arrival at the destination;(b) the date on which the aircraft ought to have arrived; or(c) the date on which the carriage stopped.(2) Article 35 of Schedule 3, or Article 29 in Part I of Schedule 4, as may be appropriate, does not apply to any proceedings for contribution between tortfeasors, but no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which that Article applies after the expiration of 2 years from the time when judgment is obtained against the person seeking to obtain the contribution. (Replaced 22 of 2005 s. 16)(3) Subsections (1) and (2) and Article 35 of Schedule 3 and Article 29 in Part I of Schedule 4 have effect as if references in those provisions to an action included references to an arbitration. (Amended 22 of 2005 s. 16)[1961 c. 27 s. 5 U.K. as applied by App. III, p. CH1 Sch. 1] 18. Application of provisions of sections 16 and 17 (1) In section 16(1), (2) and (3) (which explains the limitations on liability in Article 21 or 22 of Schedule 3, or Article 22 in Part I of Schedule 4, as may be appropriate, and enables a court to make appropriate orders and awards to give effect to those limitations) references to Article 21 or 22 of Schedule 3, or Article 22 in Part I of Schedule 4, as may be appropriate, include, subject to any necessary modifications, references to Article 44 of Schedule 3, or Article VI in Part II of Schedule 4, as may be appropriate. (Replaced 22 of 2005 s. 17)(2) In section 17 (which limits the time for bringing proceedings against a carrier’s servant or agent and to obtain contribution from a carrier) references to a carrier include references to an actual carrier as defined in Article 39 of Schedule 3 and paragraph (c) of Article I in Part II of Schedule 4. (Amended 22 of 2005 s. 17) [1962 c. 43 s. 3 U.K. as applied by App. III, p. CH1 Part II of Sch. 1] Part IV Miscellaneous 19. Application of this Ordinance (1) This Ordinance binds the Crown.(2) Subject to subsection (3), Parts IA, II and III apply to gratuitous carriage by the Crown as they apply to carriage by the Crown for reward. (Amended 22 of 2005 s. 18) [App. III, p. CH1 art. 8(1)(a)](3) The Crown is not precluded by paragraph (2) of Article 3 of the amended Convention as applied by Part II from availing itself of the provisions of Article 22 of that Convention (which provides for the limitation of the carrier’s liability in the carriage of persons) by reason of a passenger ticket not having been delivered or of the ticket not including the required notice.[App. III, p. CH1 art. 8(1)(b)] 20. (Repealed 22 of 2005 s. 19) 21. Revision of limits of liability specified in Schedules 1A and 3 (1) Where the limits of liability specified in Article 21, 22 or 23 of the Montreal Convention have been revised in accordance with Article 24 of that Convention, the Director-General of Civil Aviation shall, by notice published in the Gazette, announce—(a) such revision; and(b) the date on which such revision becomes effective under Article 24 of that Convention.(2) Where the Director-General of Civil Aviation makes an announcement under subsection (1) in respect of Article 21, 22 or 23 of the Montreal Convention, the limits of liability specified in Article 21, 22 or 23, as the case may be, of Schedule 1A and Article 21 or 22, as the case may be, of Schedule 3 shall, as from the date so announced, have effect subject to the revision so announced.(3) Section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) shall not apply to a notice published under subsection (1).(Added 22 of 2005 s. 20) 22. Power to make regulations (1) The Director-General of Civil Aviation may make such regulations as appear to him to be necessary or expedient—(a) to provide for matters concerning advance payment within the meaning of Article 28 of the Montreal Convention; and(b) to apply any of the provisions made under paragraph (a) to any carriage by air, not being carriage to which the Montreal Convention applies.(2) Without limiting the generality of regulations which may be made under subsection (1), such regulations—(a) may be of general or special application and may be made so as to apply only in specified circumstances;(b) may make different provisions for different circumstances and provide for different cases or classes of cases;(c) may authorize any matter or thing to be determined, applied or regulated by any specified person;(d) may provide for the exercise of discretion in specified cases;(e) may provide for any exemption of different cases or classes of cases, with or without conditions or restrictions, from the application of any provision of such regulations;(f) may provide for—(i) the fixing of any fee to be paid for anything that may be done in accordance with any provision of such regulations; and(ii) the method of payment of such fee;(g) may, for the better and more effectual carrying into effect of any provision of this Ordinance or of such regulations, include any savings, transitional, incidental, supplemental and evidential provisions; and(h) may, for the purpose of securing compliance with any provision of such regulations—(i) create offences and provide for the imposition of penalties on conviction in the form of a fine not exceeding level 6; and(ii) provide for the imposition of any other sanctions, including but not limited to the charging of any interest on any payment required under such regulations.(3) Without limiting the generality of regulations which may be made under subsection (1), such regulations may, in particular—(a) require any specified carrier to make a payment of any specified amount to meet the immediate economic needs of any specified person arising out of any accident in any specified carriage by air;(b) provide for the application or other procedures in relation to any payment required under such regulations;(c) provide for any condition in relation to any payment required under such regulations;(d) empower the court or any person to determine any matter on application by any person and provide for the effect of such determination;(e) provide for the set-off or recovery of any payment required under such regulations;(f) provide for the effect of the making of or receiving of any payment required under such regulations;(g) provide that any payment which is not made in accordance with such regulations or any payment which is specified to be recoverable is a civil debt due to the person entitled to such payment; and(h) provide for the making of any guidelines and the effect of such guidelines.(Added 22 of 2005 s. 20) 23. Saving of existing rights and liabilities (1) Nothing in the Carriage by Air (Amendment) Ordinance 2005 (22 of 2005) (amending Ordinance) shall affect the rights and liabilities of any person arising out of any occurrence which took place before the commencement* of the amending Ordinance and caused any damage for which a carrier was liable under this Ordinance as then in force.(2) Subsection (1) is in addition to and not in derogation of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).(Added 22 of 2005 s. 20) Editorial Note: * Commencement date: 15 December 2006. Schedule 1 [ss. 2 & 3](Amended 22 of 2005 s. 21) The Amended Convention CONVENTIONfor the Unification of Certain Rules Relating to International Carriage by Air CHAPTER I Scope—Definitions Article 1 (1) 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.(2) For the purposes of this Convention, the expression “international carriage” (國際運輸) 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 transshipment, are situated either within the territories of two High Contracting Parties or within the territory of a single High Contracting Party if there is an agreed stopping place within the territory of another State, even if that State is not a High Contracting Party. Carriage between two points within the territory of a single High Contracting Party without an agreed stopping place within the territory of another State is not international carriage for the purposes of this Convention.(3) Carriage to be performed by several successive air 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, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State.Article 2 (1) 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.(2) This Convention shall not apply to carriage of mail and postal packages. CHAPTER II Documents of Carriage Section 1—Passenger TicketArticle 3 (1) In respect of the carriage of passengers a ticket 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 High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place;(c) a notice to the effect that, if the passenger’s journey involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss or damage to baggage.(2) The passenger ticket shall constitute prima facie evidence of the conclusion and conditions of the contract of carriage. The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage which shall, none the less, be subject to the rules of this Convention. Nevertheless, if, with the consent of the carrier, the passenger embarks without a passenger ticket having been delivered, or if the ticket does not include the notice required by paragraph (1)(c) of this Article, the carrier shall not be entitled to avail himself of the provisions of Article 22. Section 2—Baggage Check Article 4 (1) In respect of the carriage of registered baggage, a baggage check shall be delivered, which, unless combined with or incorporated in a passenger ticket which complies with the provisions of paragraph (1) of Article 3, shall contain:(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 High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place;(c) a notice to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to baggage.(2) The baggage check shall constitute prima facie evidence of the registration of the baggage and of the conditions of the contract of carriage. The absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage which shall, none the less, be subject to the rules of this Convention. Nevertheless, if the carrier takes charge of the baggage without a baggage check having been delivered or if the baggage check (unless combined with or incorporated in the passenger ticket which complies with the provisions of paragraph (1)(c) of Article 3) does not include the notice required by paragraph (1)(c) of this Article, he shall not be entitled to avail himself of the provisions of paragraph (2) of Article 22. Section 3—Air Waybill Article 5 (1) Every carrier of cargo has the right to require the consignor to make out and hand over to him a document called an “air waybill”; every consignor has the right to require the carrier to accept this document.(2) The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Article 9, be none the less governed by the rules of this Convention.Article 6 (1) The air waybill shall be made out by the consignor in three original parts and be handed over with the cargo.(2) The first part shall be marked “for the carrier”, and 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 and shall accompany the cargo. The third part shall be signed by the carrier and handed by him to the consignor after the cargo has been accepted.(3) The carrier shall sign prior to the loading of the cargo on board the aircraft.(4) The signature of the carrier may be stamped; that of the consignor may be printed or stamped.(5) If, at the request of the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.Article 7 The carrier of cargo has the right to require the consignor to make out separate waybills when there is more than one package.Article 8 The air waybill shall contain: (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 High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place;(c) a notice to the consignor to the effect that, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and that the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to cargo.Article 9 If, with the consent of the carrier, cargo is loaded on board the aircraft without an air waybill having been made out, or if the air waybill does not include the notice required by paragraph (c) of Article 8, the carrier shall not be entitled to avail himself of the provisions of paragraph (2) of Article 22.Article 10 (1) The consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the air waybill.(2) The consignor shall indemnify the carrier against all damage suffered by him, 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.Article 11 (1) The air waybill is prima facie evidence of the conclusion of the contract, of the receipt of the cargo and of the conditions of carriage.(2) The statements in the air waybill 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 to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the cargo.Article 12 (1) Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the aerodrome 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 named in the air waybill, or by requiring it to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right.(2) If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith.(3) If the carrier obeys the orders of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill.(4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13.

Nevertheless, if the consignee declines to accept the air waybill or the cargo, or if he cannot be communicated with, the consignor resumes his right of disposition.Article 13 (1) Except in the circumstances set out in the preceding Article, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the cargo to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill.(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.(3) If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of 7 days after the date on which it ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.Article 14 The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract.Article 15 (1) Articles 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.(2) The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill.(3) Nothing in this Convention prevents the issue of a negotiable air waybill.Article 16 (1) The consignor must furnish such information and attach to the air waybill such documents as are necessary to meet the formalities of customs, octroi or police 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 or his servants or agents.(2) The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.CHAPTER III Liability of the CarrierArticle 17 The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.Article 18 (1) The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered baggage or any cargo, if the occurrence which caused the damage so sustained took place during the carriage by air.(2) The carriage by air within the meaning of the preceding paragraph comprises the period during which the baggage or cargo is in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever.(3) The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air.Article 19 The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.Article 20 The carrier is not liable if he proves that he and his servants or agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.Article 21 If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.Article 22 (1) In the carriage of persons the liability of the carrier for each passenger is limited to the sum of 250,000 francs. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodical payments the equivalent capital value of the said payments shall not exceed 250,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.(2) (a) In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of 250 francs per kilogramme, unless the passenger or consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the passenger’s or consignor’s actual interest in delivery at destination.(b) In the case of loss, damage or delay of part of registered baggage or cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier’s liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of a part of the registered baggage or cargo, or of an object contained therein, affects the value of other packages covered by the same baggage check or the same air waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.(3) As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger.(4) The limits prescribed in this Article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of 6 months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.(5) The sums mentioned in francs in this Article shall be deemed to refer to a currency unit consisting of 65 1/2 milligrammes of gold of millesimal fineness 900. These sums may be converted into national currencies in round figures. Conversion of the sums into national currencies other than gold shall, in case of judicial proceedings, be made according to the gold value of such currencies at the date of the judgment.Article 23 (1) Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention.(2) Paragraph (1) of this Article shall not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried.Article 24 (1) In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Convention.(2) In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights.Article 25 The limits of liability specified in Article 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment.Article 25A (1) If an action is brought against a servant or agent of the carrier arising out of damage to which this Convention relates, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the limits of liability which that carrier himself is entitled to invoke under Article 22.(2) The aggregate of the amounts recoverable from the carrier, his servants and agents, in that case, shall not exceed the said limits.(3) The provisions of paragraphs (1) and (2) of this Article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.Article 26 (1) Receipt by the person entitled to delivery of 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.(2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within 7 days from the date of receipt in the case of baggage and 14 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 21 days from the date on which the baggage or cargo have been placed at his disposal.(3) Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid.(4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.Article 27 In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his estate.Article 28 (1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the court having jurisdiction at the place of destination.(2) Questions of procedure shall be governed by the law of the court seised of the case.Article 29 (1) The right to damages shall be extinguished if an action is not brought within 2 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.(2) The method of calculating the period of limitation shall be determined by the law of the court seised of the case.Article 30 (1) In the case of carriage to be performed by various successive carriers and falling within the definition set out in paragraph (3) of Article 1, each carrier who accepts passengers, baggage or cargo is subjected to the rules set out in this Convention, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision.(2) In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.(3) As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.CHAPTER IV Provisions Relating to Combined CarriageArticle 31 (1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.(2) Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air.CHAPTER V General and Final ProvisionsArticle 32 Any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage of cargo arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place within one of the jurisdictions referred to in paragraph (1) of Article 28. Article 33 Nothing contained in this Convention shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Convention.Article 34 The provisions of Articles 3 to 9 inclusive relating to documents of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of an air carrier’s business.Article 35 The expression “days” (日) when used in this Convention means current days not working days.Article 40A [This paragraph is not reproduced. It defines “High Contracting Party”.](2) For the purposes of the Convention the word “territory” (領域) means not only the metropolitan territory of a State but also all other territories for the foreign relations of which that State is responsible.[Articles 36, 37, 38, 39, 40 and 41 and the concluding words of the Convention are not reproduced. They deal with the deposition and coming into force of the Convention.]Additional Protocol (With reference to Article 2) The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that paragraph (1) of Article 2 of this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority. Schedule 1A [ss. 2, 2A & 21]The Montreal Convention (Schedule 1A added 22 of 2005 s. 22)CONVENTIONfor the Unification of Certain Rules forInternational Carriage by Air Chapter I General Provisions Article 1—Scope of Application (1) 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.(2) 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.(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, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State.(4) This Convention applies also to carriage as set out in Chapter V, subject to the terms contained therein.Article 2—Carriage Performed by State andCarriage of Postal Items (1) 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.(2) 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.(3) Except as provided in paragraph (2) of this Article, the provisions of this Convention shall not apply to the carriage of postal items.Chapter II Documentation and Duties of the Parties Relating to the Carriage of Passengers, Baggage and Cargo Article 3—Passengers and Baggage (1) 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.(2) 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.(3) The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage.(4) The passenger shall be given written notice to the effect that where this Convention is applicable it governs and may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay.(5) Non-compliance with the provisions of the foregoing paragraphs shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.Article 4—Cargo (1) In respect of the carriage of cargo, an air waybill shall be delivered.(2) Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the consignment and access to the information contained in the record preserved by such other means.Article 5—Contents of Air Waybill or Cargo Receipt The air waybill or the cargo receipt shall include:(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; and(c) an indication of the weight of the consignment.Article 6—Document Relating to the Nature of the Cargo The consignor may be required, if necessary to meet the formalities of customs, police and similar public authorities, to deliver a document indicating the nature of the cargo. This provision creates for the carrier no duty, obligation or liability resulting therefrom.Article 7—Description of Air Waybill (1) The air waybill shall be made out by the consignor in three original parts.(2) 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.(3) The signature of the carrier and that of the consignor may be printed or stamped.(4) If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.Article 8—Documentation for Multiple Packages When there is more than one package: (a) the carrier of cargo has the right to require the consignor to make out separate air waybills;(b) the consignor has the right to require the carrier to deliver separate cargo receipts when the other means referred to in paragraph (2) of Article 4 are used.Article 9—Non-compliance with DocumentaryRequirements Non-compliance with the provisions of Articles 4 to 8 shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this Convention including those relating to limitation of liability.Article 10—Responsibility for Particulars ofDocumentation (1) 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.(2) The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf.(3) Subject to the provisions of paragraphs (1) and (2) of this Article, the carrier shall indemnify the consignor against all damage suffered by it, or by any other person to whom the consignor is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other means referred to in paragraph (2) of Article 4.Article 11—Evidentiary Value of Documentation (1) 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.(2) Any statements in the air waybill or the cargo receipt relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo.Article 12—Right of Disposition of Cargo (1) Subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. The consignor must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses occasioned by the exercise of this right.(2) If it is impossible to carry out the instructions of the consignor, the carrier must so inform the consignor forthwith.(3) If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt delivered to the latter, the carrier will be liable, without prejudice to its right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt.(4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or cannot be communicated with, the consignor resumes its right of disposition.Article 13—Delivery of the Cargo (1) Except when the consignor has exercised its right under Article 12, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charges due and on complying with the conditions of carriage.(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.(3) If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract of carriage.Article 14—Enforcement of the Rights ofConsignor and Consignee The consignor and the consignee can respectively enforce all the rights given to them by Articles 12 and 13, each in its own name, whether it is acting in its own interest or in the interest of another, provided that it carries out the obligations imposed by the contract of carriage.Article 15—Relations of Consignor and Consignee orMutual Relations of Third Parties (1) 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.(2) The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill or the cargo receipt.Article 16—Formalities of Customs, Police orOther Public Authorities (1) The consignor must furnish such information and such documents as are necessary to meet the formalities of customs, police and any other public authorities before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, its servants or agents.(2) The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.Chapter III Liability of the Carrier and Extent of Compensationfor Damage Article 17—Death and Injury of Passengers—Damage to Baggage (1) 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.(2) The carrier is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents.(3) If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.(4) Unless otherwise specified, in this Convention the term “baggage” means both checked baggage and unchecked baggage.Article 18—Damage to Cargo (1) The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air.(2) However, the carrier is not liable if and to the extent it proves that the destruction, or loss of, or damage to, the cargo resulted from one or more of the following:(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.(3) The carriage by air within the meaning of paragraph (1) of this Article comprises the period during which the cargo is in the charge of the carrier.(4) The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. If, however, such carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. If a carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carriage by air, such carriage by another mode of transport is deemed to be within the period of carriage by air.Article 19—Delay The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.Article 20—Exoneration If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that passenger. This Article applies to all the liability provisions in this Convention, including paragraph (1) of Article 21.Article 21—Compensation in Case of Death orInjury of Passengers (1) For damages arising under paragraph (1) of Article 17 not exceeding 100 000*1 Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability.(2) 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*1 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. Editorial Note: *1 Amended from 128 821 to 151 880 with effect from 28 December 2024—see L.N. 188 of 2024. Article 22—Limits of Liability in Relation to Delay,Baggage and Cargo (1) 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*2 Special Drawing Rights.(2) In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1 000*3 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.(3) In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 17*4 Special Drawing Rights per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor’s actual interest in delivery at destination.(4) In the case of destruction, loss, damage or delay of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier’s liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the destruction, loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, or the same receipt or, if they were not issued, by the same record preserved by the other means referred to in paragraph (2) of Article 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.(5) The foregoing provisions of paragraphs (1) and (2) of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment.(6) The limits prescribed in Article 21 and in this Article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later. Editorial Note: *2 Amended from 5 346 to 6 303 with effect from 28 December 2024—see L.N. 188 of 2024. *3 Amended from 1 288 to 1 519 with effect from 28 December 2024—see L.N. 188 of 2024. *4 Amended from 22 to 26 with effect from 28 December 2024—see L.N. 188 of 2024. Article 23—Conversion of Monetary Units (1) The sums mentioned in terms of Special Drawing Right in this Convention shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion of the sums into national currencies shall, in case of judicial proceedings, be made according to the value of such currencies in terms of the Special Drawing Right at the date of the judgement. The value of a national currency, in terms of the Special Drawing Right, of a State Party which is a Member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund, in effect at the date of the judgement, for its operations and transactions. The value of a national currency, in terms of the Special Drawing Right, of a State Party which is not a Member of the International Monetary Fund, shall be calculated in a manner determined by that State.(2) Nevertheless, those States which are not Members of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph (1) of this Article may, at the time of ratification or accession or at any time thereafter, declare that the limit of liability of the carrier prescribed in Article 21 is fixed at a sum of 1 500 000 monetary units per passenger in judicial proceedings in their territories; 62 500 monetary units per passenger with respect to paragraph (1) of Article 22; 15 000 monetary units per passenger with respect to paragraph (2) of Article 22; and 250 monetary units per kilogramme with respect to paragraph (3) of Article 22. This monetary unit corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. These sums may be converted into the national currency concerned in round figures. The conversion of these sums into national currency shall be made according to the law of the State concerned.(3) The calculation mentioned in the last sentence of paragraph (1) of this Article and the conversion method mentioned in paragraph (2) of this Article shall be made in such manner as to express in the national currency of the State Party as far as possible the same real value for the amounts in Articles 21 and 22 as would result from the application of the first three sentences of paragraph (1) of this Article. States Parties shall communicate to the depositary the manner of calculation pursuant to paragraph (1) of this Article, or the result of the conversion in paragraph (2) of this Article as the case may be, when depositing an instrument of ratification, acceptance, approval of or accession to this Convention and whenever there is a change in either.Article 24—Review of Limits (1) Without prejudice to the provisions of Article 25 of this Convention and subject to paragraph (2) below, the limits of liability prescribed in Articles 21, 22 and 23 shall be reviewed by the Depositary at five-year intervals, the first such review to take place at the end of the fifth year following the date of entry into force of this Convention, or if the Convention does not enter into force within five years of the date it is first open for signature, within the first year of its entry into force, by reference to an inflation factor which corresponds to the accumulated rate of inflation since the previous revision or in the first instance since the date of entry into force of the Convention. The measure of the rate of inflation to be used in determining the inflation factor shall be the weighted average of the annual rates of increase or decrease in the Consumer Price Indices of the States whose currencies comprise the Special Drawing Right mentioned in paragraph (1) of Article 23.(2) If the review referred to in the preceding paragraph concludes that the inflation factor has exceeded 10 per cent, the Depositary shall notify States Parties of a revision of the limits of liability. Any such revision shall become effective six months after its notification to the States Parties. If within three months after its notification to the States Parties a majority of the States Parties register their disapproval, the revision shall not become effective and the Depositary shall refer the matter to a meeting of the States Parties. The Depositary shall immediately notify all States Parties of the coming into force of any revision.(3) Notwithstanding paragraph (1) of this Article, the procedure referred to in paragraph (2) of this Article shall be applied at any time provided that one-third of the States Parties express a desire to that effect and upon condition that the inflation factor referred to in paragraph (1) has exceeded 30 per cent since the previous revision or since the date of entry into force of this Convention if there has been no previous revision. Subsequent reviews using the procedure described in paragraph (1) of this Article will take place at five-year intervals starting at the end of the fifth year following the date of the reviews under the present paragraph.Article 25—Stipulation on Limits A carrier may stipulate that the contract of carriage shall be subject to higher limits of liability than those provided for in this Convention or to no limits of liability whatsoever.Article 26—Invalidity of Contractual Provisions Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention. Article 27—Freedom to Contract Nothing contained in this Convention shall prevent the carrier from refusing to enter into any contract of carriage, from waiving any defences available under the Convention, or from laying down conditions which do not conflict with the provisions of this Convention.Article 28—Advance Payments In the case of aircraft accidents resulting in death or injury of passengers, the carrier shall, if required by its national law, make advance payments without delay to a natural person or persons who are entitled to claim compensation in order to meet the immediate economic needs of such persons. Such advance payments shall not constitute a recognition of liability and may be offset against any amounts subsequently paid as damages by the carrier.Article 29—Basis of Claims In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. In any such action, punitive, exemplary or any other non-compensatory damages shall not be recoverable.Article 30—Servants, Agents—Aggregation of Claims (1) If an action is brought against a servant or agent of the carrier arising out of damage to which the Convention relates, such servant or agent, if they prove that they acted within the scope of their employment, shall be entitled to avail themselves of the conditions and limits of liability which the carrier itself is entitled to invoke under this Convention.(2) The aggregate of the amounts recoverable from the carrier, its servants and agents, in that case, shall not exceed the said limits.(3) Save in respect of the carriage of cargo, the provisions of paragraphs (1) and (2) of this Article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.Article 31—Timely Notice of Complaints (1) 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.(2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his or her disposal.(3) Every complaint must be made in writing and given or dispatched within the times aforesaid.(4) If no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part.Article 32—Death of Person Liable In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his or her estate.Article 33—Jurisdiction (1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before the court of the domicile of the carrier or of its principal place of business, or where it has a place of business through which the contract has been made or before the court at the place of destination.(2) In respect of damage resulting from the death or injury of a passenger, an action may be brought before one of the courts mentioned in paragraph (1) of this Article, or in the territory of a State Party in which at the time of the accident the passenger has his or her principal and permanent residence and to or from which the carrier operates services for the carriage of passengers by air, either on its own aircraft, or on another carrier’s aircraft pursuant to a commercial agreement, and in which that carrier conducts its business of carriage of passengers by air from premises leased or owned by the carrier itself or by another carrier with which it has a commercial agreement.(3) For the purposes of paragraph (2), (a) “commercial agreement” means an agreement, other than an agency agreement, made between carriers and relating to the provision of their joint services for carriage of passengers by air;(b) “principal and permanent residence” means the one fixed and permanent abode of the passenger at the time of the accident. The nationality of the passenger shall not be the determining factor in this regard.(4) Questions of procedure shall be governed by the law of the court seised of the case.Article 34—Arbitration (1) 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.(2) The arbitration proceedings shall, at the option of the claimant, take place within one of the jurisdictions referred to in Article 33.(3) The arbitrator or arbitration tribunal shall apply the provisions of this Convention.(4) The provisions of paragraphs (2) and (3) of this Article shall be deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall be null and void.Article 35—Limitation of Actions (1) The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.(2) The method of calculating that period shall be determined by the law of the court seised of the case.Article 36—Successive Carriage (1) In the case of carriage to be performed by various successive carriers and falling within the definition set out in paragraph (3) of Article 1, each carrier which accepts passengers, baggage or cargo is subject to the rules set out in this Convention and is deemed to be one of the parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under its supervision.(2) In the case of carriage of this nature, the passenger or any person entitled to compensation in respect of him or her can take action only against the carrier which performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.(3) As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.Article 37—Right of Recourse against Third Parties Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.Chapter IV Combined Carriage Article 38—Combined Carriage (1) 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.(2) Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air.Chapter V Carriage by Air Performed by a Person other than theContracting Carrier Article 39—Contracting Carrier—Actual Carrier The provisions of this Chapter apply when a person (hereinafter referred to as “the contracting carrier”) as a principal makes a contract of carriage governed by this Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor, and another person (hereinafter referred to as “the actual carrier”) performs, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is not with respect to such part a successive carrier within the meaning of this Convention. Such authority shall be presumed in the absence of proof to the contrary.Article 40—Respective Liability of Contractingand Actual Carriers If an actual carrier performs the whole or part of carriage which, according to the contract referred to in Article 39, is governed by this Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Chapter, be subject to the rules of this Convention, the former for the whole of the carriage contemplated in the contract, the latter solely for the carriage which it performs.Article 41—Mutual Liability (1) The acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier.(2) The acts and omissions of the contracting carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the amounts referred to in Articles 21, 22, 23 and 24. Any special agreement under which the contracting carrier assumes obligations not imposed by this Convention or any waiver of rights or defences conferred by this Convention or any special declaration of interest in delivery at destination contemplated in Article 22 shall not affect the actual carrier unless agreed to by it.Article 42—Addressee of Complaints and Instructions Any complaint to be made or instruction to be given under this Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, instructions referred to in Article 12 shall only be effective if addressed to the contracting carrier.Article 43—Servants and Agents In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under this Convention to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordance with this Convention.Article 44—Aggregation of Damages In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to that person.Article 45—Addressee of Claims In relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option of the plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seised of the case.Article 46—Additional Jurisdiction Any action for damages contemplated in Article 45 must be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before a court in which an action may be brought against the contracting carrier, as provided in Article 33, or before the court having jurisdiction at the place where the actual carrier has its domicile or its principal place of business.Article 47—Invalidity of Contractual Provisions Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Chapter.Article 48—Mutual Relations of Contractingand Actual Carriers Except as provided in Article 45, nothing in this Chapter shall affect the rights and obligations of the carriers between themselves, including any right of recourse or indemnification.Chapter VI Other Provisions Article 49—Mandatory Application Any clause contained in the contract of carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void.Article 51—Carriage Performed in ExtraordinaryCircumstances The provisions of Articles 3 to 5, 7 and 8 relating to the documentation of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of a carrier’s business.Article 52—Definition of Days The expression “days” when used in this Convention means calendar days, not working days.Chapter VII Final Clauses Article 56—States with more than one System of Law (1) If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.(2) Any such declaration shall be notified to the Depositary and shall state expressly the territorial units to which the Convention applies.(3) In relation to a State Party which has made such a declaration:(a) references in Article 23 to “national currency” shall be construed as referring to the currency of the relevant territorial unit of that State; and(b) the reference in Article 28 to “national law” shall be construed as referring to the law of the relevant territorial unit of that State.Article 57—Reservations No reservation may be made to this Convention except that a State Party may at any time declare by a notification addressed to the Depositary that this Convention shall not apply to: (a) international carriage by air performed and operated directly by that State Party for non-commercial purposes in respect to its functions and duties as a sovereign State; and/or(b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.[The Preamble, Articles 50, 53, 54 and 55 and the concluding words of the Convention are not reproduced. They deal with matters concerning insurance, signature, ratification and entry into force, denunciation and the relationship between the Montreal Convention and other conventions relating to international carriage by air respectively.] Schedule 2 [ss. 2 & 10](Amended 22 of 2005 s. 23) The Guadalajara Convention Article I In this Convention: (b) “contracting carrier” (訂約承運人) means a person who as a principal makes an agreement for carriage governed by the Warsaw Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor;(c) “actual carrier” (實際承運人) means a person, other than the contracting carrier, who, by virtue of authority from the contracting carrier, performs the whole or part of the carriage contemplated in paragraph (b) but who is not with respect to such part a successive carrier within the meaning of the Warsaw Convention. Such authority is presumed in the absence of proof to the contrary.Article II If an actual carrier performs the whole or part of carriage which, according to the agreement referred to in paragraph (b) of Article I, is governed by the Warsaw Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Convention, be subject to the rules of the Warsaw Convention, the former for the whole of the carriage contemplated in the agreement, the latter solely for the carriage which he performs.Article III (1) The acts and omissions of the actual carrier and of his 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.(2) The acts and omissions of the contracting carrier and of his servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the limits specified in Article 22 of the Warsaw Convention. Any special agreement under which the contracting carrier assumes obligations not imposed by the Warsaw Convention or any waiver of rights conferred by that Convention or any special declaration of interest in delivery at destination contemplated in Article 22 of the said Convention, shall not affect the actual carrier unless agreed to by him.Article IV Any complaint to be made or order to be given under the Warsaw Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, orders referred to in Article 12 of the Warsaw Convention shall only be effective if addressed to the contracting carrier.Article V In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if he proves that he acted within the scope of his employment, be entitled to avail himself of the limits of liability which are applicable under this Convention to the carrier whose servant or agent he is unless it is proved that he acted in a manner which, under the Warsaw Convention, prevents the limits of liability from being invoked.Article VI In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to him.Article VII In relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option of the plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seised of the case.Article VIII Any action for damages contemplated in Article VII of this Convention must be brought, at the option of the plaintiff, either before a court in which an action may be brought against the contracting carrier, as provided in Article 28 of the Warsaw Convention, or before the court having jurisdiction at the place where the actual carrier is ordinarily resident or has his principal place of business.Article IX (1) Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Convention or to fix a lower limit than that which is applicable according to this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole agreement, which shall remain subject to the provisions of this Convention.(2) In respect of the carriage performed by the actual carrier, the preceding paragraph shall not apply to contractual provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried.(3) Any clause contained in an agreement for carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless, for the carriage of cargo arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place in one of the jurisdictions referred to in Article VIII.Article X Except as provided in Article VII, nothing in this Convention shall affect the rights and obligations of the two carriers between themselves. Schedule 3 [ss. 13, 15, 16, 17, 18 & 21]Non-international Carriage, and Carriage of Mail and Postal Packages (Schedule 3 replaced 22 of 2005 s. 24)Application of the Montreal Convention The Montreal Convention as adapted and modified in the form hereinafter set out shall apply in respect of the carriage described in section 13 of this Ordinance—Chapter I General Provisions Article 1—Scope of Application (1) This Schedule applies to all 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.(3) Carriage to be performed by several successive carriers is deemed, for the purposes of this Schedule, to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts.(4) This Schedule applies also to carriage as set out in Chapter V, subject to the terms contained therein.Article 2—Carriage Performed by State (1) This Schedule applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.Chapter II Documentation and Duties of the Parties Relating to theCarriage of Passengers, Baggage and Cargo Article 3—Passengers and Baggage (1) 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.(2) 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.(3) The carrier shall deliver to the passenger a baggage identification tag for each piece of checked baggage.(5) Non-compliance with the provisions of the foregoing paragraphs shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this Schedule including those relating to limitation of liability.Article 4—Cargo (1) In respect of the carriage of cargo, an air waybill shall be delivered.(2) Any other means which preserves a record of the carriage to be performed may be substituted for the delivery of an air waybill. If such other means are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt permitting identification of the consignment and access to the information contained in the record preserved by such other means.Article 5—Contents of Air Waybill or Cargo Receipt The air waybill or the cargo receipt shall include: (a) an indication of the places of departure and destination;(c) an indication of the weight of the consignment.Article 6—Document Relating to theNature of the Cargo The consignor may be required, if necessary to meet the formalities of customs, police and similar public authorities, to deliver a document indicating the nature of the cargo. This provision creates for the carrier no duty, obligation or liability resulting therefrom.Article 7—Description of Air Waybill (1) The air waybill shall be made out by the consignor in three original parts.(2) 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.(3) The signature of the carrier and that of the consignor may be printed or stamped.(4) If, at the request of the consignor, the carrier makes out the air waybill, the carrier shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.Article 8—Documentation for Multiple Packages When there is more than one package: (a) the carrier of cargo has the right to require the consignor to make out separate air waybills;(b) the consignor has the right to require the carrier to deliver separate cargo receipts when the other means referred to in paragraph (2) of Article 4 are used.Article 9—Non-compliance with DocumentaryRequirements Non-compliance with the provisions of Articles 4 to 8 shall not affect the existence or the validity of the contract of carriage, which shall, nonetheless, be subject to the rules of this Schedule including those relating to limitation of liability.Article 10—Responsibility for Particulars ofDocumentation (1) 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.(2) The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor or on its behalf.(3) Subject to the provisions of paragraphs (1) and (2) of this Article, the carrier shall indemnify the consignor against all damage suffered by it, or by any other person to whom the consignor is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements inserted by the carrier or on its behalf in the cargo receipt or in the record preserved by the other means referred to in paragraph (2) of Article 4.Article 11—Evidentiary Value of Documentation (1) 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.(2) Any statements in the air waybill or the cargo receipt relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo.Article 12—Right of Disposition of Cargo (1) Subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. The consignor must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and must reimburse any expenses occasioned by the exercise of this right.(2) If it is impossible to carry out the instructions of the consignor, the carrier must so inform the consignor forthwith.(3) If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt delivered to the latter, the carrier will be liable, without prejudice to its right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt.(4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the cargo, or cannot be communicated with, the consignor resumes its right of disposition.Article 13—Delivery of the Cargo (1) Except when the consignor has exercised its right under Article 12, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charges due and on complying with the conditions of carriage.(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.(3) If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to enforce against the carrier the rights which flow from the contract of carriage.Article 14—Enforcement of the Rights of Consignorand Consignee The consignor and the consignee can respectively enforce all the rights given to them by Articles 12 and 13, each in its own name, whether it is acting in its own interest or in the interest of another, provided that it carries out the obligations imposed by the contract of carriage.Article 15—Relations of Consignor and Consignee orMutual Relations of Third Parties (1) 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.(2) The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill or the cargo receipt.Article 16—Formalities of Customs, Police orOther Public Authorities (1) The consignor must furnish such information and such documents as are necessary to meet the formalities of customs, police and any other public authorities before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier, its servants or agents.(2) The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.Chapter III Liability of the Carrier and Extent ofCompensation for Damage Article 17—Death and Injury of Passengers—Damage to Baggage (1) 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.(2) The carrier is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents.(3) If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.(4) Unless otherwise specified, in this Schedule the term “baggage” means both checked baggage and unchecked baggage.Article 18—Damage to Cargo (1) The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air.(2) However, the carrier is not liable if and to the extent it proves that the destruction, or loss of, or damage to, the cargo resulted from one or more of the following: (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.(3) The carriage by air within the meaning of paragraph (1) of this Article comprises the period during which the cargo is in the charge of the carrier.(4) The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. If, however, such carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air. If a carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of a carriage intended by the agreement between the parties to be carriage by air, such carriage by another mode of transport is deemed to be within the period of carriage by air.Article 19—Delay The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.Article 20—Exoneration If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage. When by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that passenger. This Article applies to all the liability provisions in this Schedule, including paragraph (1) of Article 21.Article 21—Compensation in Case of Death orInjury of Passengers (1) For damages arising under paragraph (1) of Article 17 not exceeding 100 000*1 Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability.(2) 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*1 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. Editorial Note: *1 Amended from 128 821 to 151 880 with effect from 28 December 2024—see L.N. 188 of 2024. Article 22—Limits of Liability in Relation to Delay,Baggage and Cargo (1) 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*2 Special Drawing Rights.(2) In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1 000*3 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.(3) In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 17*4 Special Drawing Rights per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor’s actual interest in delivery at destination.(4) In the case of destruction, loss, damage or delay of part of the cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier’s liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the destruction, loss, damage or delay of a part of the cargo, or of an object contained therein, affects the value of other packages covered by the same air waybill, or the same receipt or, if they were not issued, by the same record preserved by the other means referred to in paragraph (2) of Article 4, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.(5) The foregoing provisions of paragraphs (1) and (2) of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment.(6) The limits prescribed in Article 21 and in this Article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff, including interest. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later. Editorial Note: *2 Amended from 5 346 to 6 303 with effect from 28 December 2024—see L.N. 188 of 2024. *3 Amended from 1 288 to 1 519 with effect from 28 December 2024—see L.N. 188 of 2024. *4 Amended from 22 to 26 with effect from 28 December 2024—see L.N. 188 of 2024. Article 23—Conversion of Monetary Units (1) The sums mentioned in terms of Special Drawing Right in this Schedule shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion of the sums into Hong Kong dollars shall, in case of judicial proceedings, be made according to the value of Hong Kong dollars in terms of the Special Drawing Right at the date of the judgement.Article 25—Stipulation on Limits A carrier may stipulate that the contract of carriage shall be subject to higher limits of liability than those provided for in this Schedule or to no limits of liability whatsoever.Article 26—Invalidity of Contractual Provisions Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Schedule shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Schedule.Article 27—Freedom to Contract Nothing contained in this Schedule shall prevent the carrier from refusing to enter into any contract of carriage, from waiving any defences available under the Schedule, or from laying down conditions which do not conflict with the provisions of this Schedule.Article 29—Basis of Claims In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under this Schedule or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Schedule without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. In any such action, punitive, exemplary or any other non-compensatory damages shall not be recoverable.Article 30—Servants, Agents—Aggregation of Claims (1) If an action is brought against a servant or agent of the carrier arising out of damage to which the Schedule 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 Schedule.(2) The aggregate of the amounts recoverable from the carrier, its servants and agents, in that case, shall not exceed the said limits.(3) Save in respect of the carriage of cargo, the provisions of paragraphs (1) and (2) of this Article shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.Article 31—Timely Notice of Complaints (1) 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.(2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of checked baggage and fourteen days from the date of receipt in the case of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the baggage or cargo have been placed at his or her disposal.(3) Every complaint must be made in writing and given or dispatched within the times aforesaid.(4) If no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part.Article 32—Death of Person Liable In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Schedule against those legally representing his or her estate.Article 34—Arbitration (1) 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 Schedule shall be settled by arbitration. Such agreement shall be in writing.(3) The arbitrator or arbitration tribunal shall apply the provisions of this Schedule.(4) The provisions of paragraph (3) of this Article shall be deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith shall be null and void.Article 35—Limitation of Actions (1) The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.(2) The method of calculating that period shall be determined by the law of the court seised of the case.Article 36—Successive Carriage (1) In the case of carriage to be performed by various successive carriers and falling within the definition set out in paragraph (3) of Article 1, each carrier which accepts passengers, baggage or cargo is subject to the rules set out in this Schedule 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.(2) In the case of carriage of this nature, the passenger or any person entitled to compensation in respect of him or her can take action only against the carrier which performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.(3) As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier which performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.Article 37—Right of Recourse against Third Parties Nothing in this Schedule shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.Chapter IV Combined Carriage Article 38—Combined Carriage (1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Schedule 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.(2) Nothing in this Schedule shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Schedule are observed as regards the carriage by air.Chapter V Carriage by Air Performed by a Person other than theContracting Carrier Article 39—Contracting Carrier—Actual Carrier The provisions of this Chapter apply when a person (hereinafter referred to as “the contracting carrier”) as a principal makes a contract of carriage governed by this Schedule with a passenger or consignor or with a person acting on behalf of the passenger or consignor, and another person (hereinafter referred to as “the actual carrier”) performs, by virtue of authority from the contracting carrier, the whole or part of the carriage, but is not with respect to such part a successive carrier within the meaning of this Schedule. Such authority shall be presumed in the absence of proof to the contrary.Article 40—Respective Liability of Contractingand Actual Carriers If an actual carrier performs the whole or part of carriage which, according to the contract referred to in Article 39, is governed by this Schedule, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Chapter, be subject to the rules of this Schedule, the former for the whole of the carriage contemplated in the contract, the latter solely for the carriage which it performs.Article 41—Mutual Liability (1) The acts and omissions of the actual carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier.(2) The acts and omissions of the contracting carrier and of its servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the amounts referred to in Articles 21 and 22. Any special agreement under which the contracting carrier assumes obligations not imposed by this Schedule or any waiver of rights or defences conferred by this Schedule or any special declaration of interest in delivery at destination contemplated in Article 22 shall not affect the actual carrier unless agreed to by it.Article 42—Addressee of Complaints and Instructions Any complaint to be made or instruction to be given under this Schedule to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, instructions referred to in Article 12 shall only be effective if addressed to the contracting carrier.Article 43—Servants and Agents In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if they prove that they acted within the scope of their employment, be entitled to avail themselves of the conditions and limits of liability which are applicable under this Schedule to the carrier whose servant or agent they are, unless it is proved that they acted in a manner that prevents the limits of liability from being invoked in accordance with this Schedule.Article 44—Aggregation of Damages In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Schedule, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to that person.Article 45—Addressee of Claims In relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option of the plaintiff, against that carrier or the contracting carrier, or against both together or separately.

If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seised of the case.Article 47—Invalidity of Contractual Provisions Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Chapter or to fix a lower limit than that which is applicable according to this Chapter shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Chapter.Article 48—Mutual Relations of Contractingand Actual Carriers Except as provided in Article 45, nothing in this Chapter shall affect the rights and obligations of the carriers between themselves, including any right of recourse or indemnification.Chapter VI Other Provisions Article 49—Mandatory Application Any clause contained in the contract of carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Schedule, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void.Article 51—Carriage Performed in ExtraordinaryCircumstances The provisions of Articles 3 to 5, 7 and 8 relating to the documentation of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of a carrier’s business.Article 52—Definition of Days The expression “days” when used in this Schedule means calendar days, not working days.Article 52A—Postmaster General of Hong Kong Nothing herein contained shall impose any liability on the Postmaster General of Hong Kong. Schedule 4 [ss. 13, 14, 15, 16, 17 & 18](Amended 22 of 2005 s. 25)International Carriage under the Warsaw Convention (1) The Warsaw Convention and the Guadalajara Convention as adapted and modified in the forms set out, respectively, in Part I and Part II of this Schedule shall apply in respect of carriage which is international carriage as defined in paragraph (2) of this Schedule. (Amended 22 of 2005 s. 25)(2) For the purposes of section 14 of this Ordinance and of this Schedule international carriage (國際運輸) has the meaning assigned to it in paragraph (2) of Article 1 in Part I of this Schedule. Part I Application of the Warsaw Convention (Replaced 22 of 2005 s. 25)CHAPTER I Scope—Definitions Article 1 (1) This Schedule 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.(2) “International carriage” (國際運輸) means any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated either within the territories of two States Parties to the Warsaw Convention or within the territory of a single such State, if there is an agreed stopping place within the territory subject to the sovereignty, suzerainty, mandate or authority of another State, even though that State is not a Party to the Warsaw Convention.(3) A carriage to be performed by several successive air carriers is deemed, for the purposes of this Schedule, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same State Party.Article 2 (1) This Schedule applies to carriage performed by the State, not being a State which has availed itself of the Additional Protocol to the Warsaw Convention, or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.(2) This Schedule does not apply to carriage performed under the terms of any international postal Convention.CHAPTER II Documents of Carriage Section 1—Passenger Ticket Article 3 (1) For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars— (a) the place and date of issue;(b) the place of departure and of destination;(c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character;(d) the name and address of the carrier or carriers;(e) a statement that the carriage is subject to the rules relating to liability established by the Warsaw Convention.(2) The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Schedule. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his liability.Section 2—Baggage Check Article 4 (1) For the carriage of baggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a baggage check.(2) The baggage check shall be made out in duplicate, one part for the passenger and the other part for the carrier.(3) The baggage check shall contain the following particulars— (a) the place and date of issue;(b) the place of departure and of destination;(c) the name and address of the carrier or carriers;(d) the number of the passenger ticket;(e) a statement that delivery of the baggage will be made to the bearer of the baggage check;(f) the number and weight of the packages;(g) the amount of the value declared in accordance with paragraph (2) of Article 22 in Part I of this Schedule;(h) a statement that the carriage is subject to the rules relating to liability established by the Warsaw Convention.(4) The absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Schedule. Nevertheless, if the carrier accepts baggage without a baggage check having been delivered, or if the baggage check does not contain the particulars set out at subparagraphs (d), (f) and (h) above, the carrier shall not be entitled to avail himself of those provisions of this Schedule which exclude or limit his liability.Section 3—Air Waybill Article 5 (1) Every carrier of cargo has the right to require the consignor to make out and hand over to him a document called an “air waybill”; every consignor has the right to require the carrier to accept this document.(2) The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Article 9, be none the less governed by the rules of this Schedule.Article 6 (1) The air waybill shall be made out by the consignor in three original parts and be handed over with the cargo.(2) The first part shall be marked “for the carrier”, and 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 and shall accompany the cargo. The third part shall be signed by the carrier and handed by him to the consignor after the cargo has been accepted.(3) The carrier shall sign on acceptance of the cargo.(4) The signature of the carrier may be stamped; that of the consignor may be printed or stamped.(5) If, at the request of the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.Article 7 The carrier of cargo has the right to require the consignor to make out separate air waybills when there is more than one package.Article 8 The air waybill shall contain the following particulars— (a) the place and date of its execution;(b) the place of departure and of destination;(c) the agreed stopping places; provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character;(d) the name and address of the consignor;(e) the name and address of the first carrier;(f) the name and address of the consignee, if the case so requires;(g) the nature of the cargo;(h) the number of the packages, the method of packing and the particular marks or numbers upon them;(i) the weight, the quantity and the volume or dimensions of the cargo;(j) the apparent condition of the cargo and of the packing;(k) the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it;(l) if the cargo is sent for payment on delivery, the price of the cargo, and, if the case so requires, the amount of the expenses incurred;(m) the amount of the value declared in accordance with paragraph (2) of Article 22 in Part I of this Schedule;(n) the number of parts of the air waybill;(o) the documents handed to the carrier to accompany the air waybill;(p) the time fixed for the completion of the carriage and a brief note of the route to be followed, if these matters have been agreed upon;(q) a statement that the carriage is subject to the rules relating to liability established by the Warsaw Convention.Article 9 If the carrier accepts cargo without an air waybill having been made out, or if the air waybill does not contain all the particulars set out in subparagraphs (a) to (i) inclusive and (q) of Article 8 in Part I of this Schedule, the carrier shall not be entitled to avail himself of the provisions of this Schedule which exclude or limit his liability.Article 10 (1) The consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the air waybill.(2) The consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the said particulars and statements.Article 11 (1) The air waybill is prima facie evidence of the conclusion of the contract, of the receipt of the cargo and of the conditions of carriage.(2) The statements in the air waybill 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 to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the cargo.Article 12 (1) Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the aerodrome 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 named in the air waybill, or by requiring it to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right.(2) If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith.(3) If the carrier obeys the orders of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill.(4) The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the air waybill or the cargo, or if he cannot be communicated with, the consignor resumes his right of disposition.Article 13 (1) Except in the circumstances set out in the preceding Article, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the cargo to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill.(2) Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.(3) If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of 7 days after the date on which it ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.Article 14 The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract.Article 15 (1) Articles 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.(2) The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill.(3) (Repealed 22 of 2005 s. 25)Article 16 (1) The consignor must furnish such information and attach to the air waybill such documents as are necessary to meet the formalities of customs, octroi or police 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 or his servants or agents.(2) The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.CHAPTER III Liability of the Carrier Article 17 The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.Article 18 (1) The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered baggage or any cargo, if the occurrence which caused the damage so sustained took place during the carriage by air.(2) The carriage by air within the meaning of the preceding paragraph comprises the period during which the baggage or cargo are in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever.(3) The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air.Article 19 The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.Article 20 (1) The carrier is not liable if he proves that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.(2) In the carriage of cargo and baggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation and that, in all other respects, he and his servants or agents have taken all necessary measures to avoid the damage.Article 21 If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.Article 22 (1) In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125,000 francs. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.(2) In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery 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 he proves that that sum is greater than the actual value to the consignor at delivery.(3) As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger.(4) The sums mentioned above shall be deemed to refer to the French franc consisting of 65 1/2 milligrams gold of millesimal fineness 900. These sums may be converted into any national currency in round figures.Article 23 Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Schedule shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Schedule.Article 24 (1) In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Schedule.(2) In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights.Article 25 (1) The carrier shall not be entitled to avail himself of the provisions of this Schedule which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the court seised of the case, is considered to be equivalent to wilful misconduct.(2) Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any servant or agent of the carrier acting within the scope of his employment.Article 25A (Repealed 22 of 2005 s. 25)Article 26 (1) Receipt by the person entitled to delivery of 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.(2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within 3 days from the date of receipt in the case of baggage and 7 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 14 days from the date on which the baggage or cargo have been placed at his disposal.(3) Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid.(4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.Article 27 In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Schedule against those legally representing his estate.Article 28 (1) An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties to the Warsaw Convention either before the court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the court having jurisdiction at the place of destination.(2) Questions of procedure shall be governed by the law of the court seised of the case.Article 29 (1) The right to damages shall be extinguished if an action is not brought within 2 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.(2) The method of calculating the period of limitation shall be determined by the law of the court seised of the case.Article 30 (1) In the case of carriage to be performed by various successive carriers and falling within the definition set out in paragraph (3) of Article 1 in Part I of this Schedule, each carrier who accepts passengers, baggage or cargo is subjected to the rules set out in this Schedule, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision.(2) In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.(3) As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.CHAPTER IV Provisions Relating to Combined Carriage Article 31 (1) In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Schedule apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.(2) Nothing in this Schedule shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Schedule are observed as regards the carriage by air.CHAPTER V General and Final Provisions Article 32 Any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Schedule, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage of cargo arbitration clauses are allowed, subject to this Schedule, if the arbitration is to take place within one of the jurisdictions referred to in paragraph (1) of Article 28 in Part I of this Schedule.Article 33 Nothing contained in this Schedule shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Schedule.Article 34 This Schedule does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an air carrier’s business.Article 35 The expression “days” (日) when used in this Schedule means current days not working days.Additional Protocol to the Warsaw Convention (With reference to Article 2)The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that paragraph (1) of Article 2 of this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority. Part II Application of the Guadalajara Convention Article I In the Guadalajara Convention as applied by this Schedule— (a) (Repealed 22 of 2005 s. 25) (b) “contracting carrier” (訂約承運人) means a person who as a principal makes an agreement for carriage governed by the Warsaw Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor;(c) “actual carrier” (實際承運人) means a person, other than the contracting carrier, who, by virtue of authority from the contracting carrier, performs the whole or part of the carriage contemplated in paragraph (b) but who is not with respect to such part a successive carrier within the meaning of the Warsaw Convention. Such authority is presumed in the absence of proof to the contrary.Article II If an actual carrier performs the whole or part of carriage which, according to the agreement referred to in paragraph (b) of Article I, is governed by the Warsaw Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in the Guadalajara Convention as applied by this Schedule, be subject to the rules of the Warsaw Convention, the former for the whole of the carriage contemplated in the agreement, the latter solely for the carriage which he performs.Article III (1) The acts and omissions of the actual carrier and of his 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.(2) The acts and omissions of the contracting carrier and of his servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the limits specified in Article 22 of the Warsaw Convention. Any special agreement under which the contracting carrier assumes obligations not imposed by the Warsaw Convention or any waiver of rights conferred by that Convention or any special declaration of interest in delivery at destination contemplated in Article 22 of the said Convention, shall not affect the actual carrier unless agreed to by him.Article IV Any complaint to be made or order to be given under the Warsaw Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, orders referred to in Article 12 of the Warsaw Convention shall only be effective if addressed to the contracting carrier.Article V In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if he proves that he acted within the scope of his employment, be entitled to avail himself of the limits of liability which are applicable under the Guadalajara Convention as applied by this Schedule to the carrier whose servant or agent he is unless it is proved that he acted in a manner which, under the Warsaw Convention, prevents the limits of liability from being invoked.Article VI In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under the Guadalajara Convention as applied by this Schedule, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to him.Article VII In relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option of the plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seised of the case.Article VIII Any action for damages contemplated in Article VII of the Guadalajara Convention as applied by this Schedule must be brought, at the option of the plaintiff, either before a court in which an action may be brought against the contracting carrier, as provided in Article 28 of the Warsaw Convention, or before the court having jurisdiction at the place where the actual carrier is ordinarily resident or has the principal place of business.Article IX (1) Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under the Guadalajara Convention as applied by this Schedule or to fix a lower limit than that which is applicable according to that Convention as so applied shall be null and void, but the nullity of any such provision does not involve the nullity of the whole agreement, which shall remain subject to the provisions of the said Convention as so applied.(2) In respect of the carriage performed by the actual carrier, the preceding paragraph shall not apply to contractual provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried.(3) Any clause contained in an agreement for carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by the Guadalajara Convention as applied by this Schedule, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless, for the carriage of cargo arbitration clauses are allowed, subject to the said Convention as so applied, if the arbitration is to take place in one of the jurisdiction referred to in Article VIII.Article X Except as provided in Article VII, nothing in the Guadalajara Convention as applied by this Schedule shall affect the rights and obligations of the two carriers between themselves.[cf. App. III, p. CH1 Sch. 4] Schedule 5 (Omitted as spent—E.R. 4 of 2023)