CARRIAGE BY AIR (INTERNATIONAL AND NON- INTERNATIONAL CARRIAGE) ORDER (sl_499.24) | MT

Laws of Malta — Subsidiary Legislation 499.24 — CARRIAGE BY AIR (INTERNATIONAL AND NON- INTERNATIONAL CARRIAGE) ORDER

Preamble — CARRIAGE BY AIR (INTERNATIONAL AND NON- INTERNATIONAL CARRIAGE) ORDER Open official source

CARRIAGE BY AIR

(INTERNATIONAL AND NON-INTERNATIONAL CARRIAGE)

SUBSIDIARY LEGISLATION 499.24

CARRIAGE BY AIR (INTERNATIONAL AND NON-

INTERNATIONAL CARRIAGE) ORDER

30th April, 2004

LEGAL NOTICE 63 of 2003, as amended by Legal Notices 154 of 2006

and 411 of 2007.

Laws of Malta — Subsidiary Legislation 499.24 — CARRIAGE BY AIR (INTERNATIONAL AND NON- INTERNATIONAL CARRIAGE) ORDER

Reg. 1 Citation. — CARRIAGE BY AIR (INTERNATIONAL AND NON- INTERNATIONAL CARRIAGE) ORDER Open official source

The title of this Order is the Carriage by Air (International

and Non-international Carriage) Order.

Laws of Malta — Subsidiary Legislation 499.24 — CARRIAGE BY AIR (INTERNATIONAL AND NON- INTERNATIONAL CARRIAGE) ORDER

First Schedule — CARRIAGE BY AIR (INTERNATIONAL AND NON- INTERNATIONAL CARRIAGE) ORDER Open official source

Amended by

L.N. 154 of 2006.

(Regulation 2)

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES FOR

INTERNATIONAL CARRIAGE BY AIR

THE STATES PARTIES TO THIS CONVENTION

RECOGNIZING the significant contribution of the Convention for the Unification

of Certain Rules Relating to International Carriage by Air signed in Warsaw on 12

October 1929, hereinafter referred to as the “Warsaw Convention”, and other related

instruments to the harmonization of private international air law;

RECOGNIZING the need to modernize and consolidate the Warsaw Convention

and related instruments;

RECOGNIZING the importance of ensuring protection of the interests of

consumers in international carriage by air and the need for equitable compensation

based on the principle of restitution;

REAFFIRMING the desirability of an orderly development of international air

transport operations and the smooth flow of passengers, baggage and cargo in

accordance with the principles and objectives of the Convention on International

Civil Aviation, done at Chicago on 7 December 1944;

CONVI NC ED th at collectiv e State actio n fo r f urth er harm on ization an d

codification of certain rules governing international carriage by air through a new

Convention is the most adequate means of achieving an equitable balance of

interests;

HAVE AGREED AS FOLLOWS

Chapter 1

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

CARRIAGE BY AIR

(INTERNATIONAL AND NON-INTERNATIONAL CARRIAGE)

the terms contained therein.

Article 2 - Carriage Performed by State and Carriage 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

-

an indication of the places of departure and destination;

-

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, and 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, 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

-

the carrier of cargo has the right to require the consignor to make out

separate air waybills;

-

the consignor has the right to require the carrier to deliver separate

cargo receipts when the other means referred to in paragraph 2 of

Article 4 are used.

Article 9 - Non-compliance with Documentary Requirements

Non-compliance with the provisions of Articles 4 to 8 shall not affect the

existence or the validity of the contract of carriage, which shall, nonetheless, be

subject to the rules of this Convention including those relating to limitation of

liability.

Article 10 - Responsibility for Particulars of Documentation

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 Consignor and Consignee

The consignor and the consignee can respectively enforce all the rights given to

them by Articles 12 and 13, each in its own name, whether it is acting in its own

interest or in the interest of another, provided that it carries out the obligations

imposed by the contract of carriage.

Article 15 - Relations of Consignor and Consignee or Mutual Relations

of Third Parties

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 or Other 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 Compensation 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 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

-

inherent defect, quality or vice of that cargo;

-

defective packing of that cargo performed by a person other than the

carrier or its servants or agents;

-

an act of war or an armed conflict;

-

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 servant and agents took all measures

that could reasonably be required to avoid the damage or that it was impossible for it

or then 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 or Injury of Passengers

1. For damages arising under paragraph 1 of Article 17 not exceeding 100,000

Special Drawing Rights for each passenger, the carrier shall not be able to exclude or

limit its liability.

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 Special Drawing

Rights if the carrier proves that

-

such damage was not due to the negligence or other wrongful act or

omission of the carrier or its servants or agents; or

-

such damage was solely due to the negligence or other wrongful act or

omission of a third party.

Article 22 - Limits of Liability in Relation to Delay, Baggage and Cargo

1. In the case of damage caused by delay as specified in Article 19 in the

carriage of persons, the liability of the carrier for each passenger is limited to 4,150

Special Drawing Rights.

2. In the carriage of baggage, the liability of the carrier in the case of

destruction, loss, damage or delay is limited to 1,000 Special Drawing Rights for

each passenger unless the passenger has made, at the time when the checked baggage

was handed over to the carrier, a special declaration of interest in delivery at

destination and has paid a supplementary sum if the case so requires. In that case the

carrier will be liable to pay a sum not exceeding the declared sum, unless it proves

that the sum is greater than the passenger’s actual interest in delivery at destination.

3. In the carriage of cargo, the liability of the carrier in the case of destruction,

loss, damage or delay is limited to a sum of 17 Special Drawing Rights per

kilogramme, unless the consignor has made, at the time when the package was

handed over to the carrier, a special declaration of interest in delivery at destination

and has paid a supplementary sum if the case so requires. In that case the carrier will

be liable to pay a sum not exceeding the declared sum, unless it proves that the sum

is greater that 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 ob ject co ntained therein , th e weig ht to be taken in to co nsid eration in

determining the amount to which the carrier’s liability is limited shall be only the

total wieght of the package or packages concerned. Nevertheless, when the

destruction, loss, damage of 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 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

m onths fro m the date of the occur rence causing the d am age, or b ef ore the

commencement of the action, if that is later.

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 depository 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 depo siting an in str um en t o f ratif ication,

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 Depository 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 State 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 limit 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 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,

"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;

"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 passenger s, baggag e 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 the Contracting Carrier

Article 39 - Contracting Carrier - Actual Carrier

The provisions of this Chapter apply when a person (hereinafter referred to as "the

contracting carrier") as a principal makes a contract of carriage governed by this

Convention with a passenger or consignor or with a person acting on behalf of the

passenger or consignor, and another person (hereinafter referred to as "the actual

carrier") performs, by virtue of authority from the contracting carrier, the whole or

part of the carriage, but is not with respect to such part a successive carrier within

the meaning of this Convention. Such authority shall be presumed in the absence of

proof to the contrary.

Article 40 - Respective Liability of Contracting and Actual Carriers

If an actual carrier performs the whole or part of carriage which, according to the

contract referred to in Article 39, is governed by this Convention, both the

contracting carrier and the actual carrier shall, except as otherwise provided in this

Chapter, be subject to the rules of this Convention, the former for the whole of the

carriage contemplated in the contract, the latter solely for the carriage which it

performs.

Article 41 - Mutual Liability

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 Contracting and Actual Carriers

Except as provided in Article 45, nothing in this Chapter shall affect the rights and

obligations of the carriers between themselves, including any right of recourse or

indemnification.

Chapter VI

Other Provisions

Article 49 - Mandatory Application

Any clause contained in the contract of carriage and all special agreements entered

into before the damage occurred by which the parties purport to infringe the rules

laid down by this Convention, whether by deciding the law to be applied, or by

altering the rules as to jurisdiction, shall be null and void.

Article 50 - Insurance

States Parties shall require their carriers to maintain adequate insurance covering

their liability under this Convention. A carrier may be required by the State Party

into which it operates to furnish evidence that it maintains adequate insurance

covering its liability under this Convention.

Article 51 - Carriage Performed in Extraordinary Circumstances

The provisions of Articles 3 to 5, 7 and 8 relating to the documentation of carriage

shall not apply in the case of carriage performed in extraordinary circumstances

outside the normal scope of a carrier’s business.

Article 52 - Definition of Days

The expression "days" when used in this Convention means calendar days, not

working days.

Chapter VII

Final Clauses

Article 53 - Signature, Ratification and Entry into Force

1. This Convention shall be open for signature in Montreal on 28 May 1999 by

States participating in the International Conference on Air Law held at Montreal

from 10 to 28 May 1999. After 28 May 1999, the Convention shall be open to all

States for signature at the Headquarters of the International Civil Aviation

Organization in Montreal until it enters into force in accordance with paragraph 6 of

this Article.

2. This Convention shall similarly be open for signature by Regional Economic

Integration Organisations. For the purpose of this Convention, a "Regional

Economic Integration Organisation" means any organisation which is constituted by

sovereign States of a given region which has competence in respect of certain

matters governed by this Convention and has been duly authorized to sign and to

ratify, accept, approve or accede to this Convention. A reference to a "State Party" or

"States Parties" in this Convention, otherwise than in paragraph 2 of Article 1,

paragraph 1(b) of Article 3, paragraph (b) of Article 5, Articles 23, 33, 46 and

paragraph (b) of Article 57, applies equally to a Regional Economic Integration

Organisation. For the purpose of Article 24, the references to "a majority of the

States Parties" and "one-third of the States Parties" shall not apply to a Regional

Economic Integration Organisation.

3. This Convention shall be subject to ratification by States and by Regional

Economic Integration Organisations which have signed it.

4. Any State or Regional Economic Integration Organisation which does not

sign this Convention may accept, approve or accede to it at any time.

5. Instruments of ratification, acceptance, approval or accession shall be

deposited with the International Civil Aviation Organisation, which is hereby

designated the Depositary.

6. This Convention shall enter into force on the sixtieth day following the date

of deposit of the thirtieth instrument of ratification, acceptance, approval or

accession with the Depositary between the States which have deposited such

in str u m en t. An in s tr um en t dep o sit ed by a Reg io n al E co n om i c I nt egr ati on

Organisation shall not be counted for the purpose of this paragraph.

Laws of Malta — Subsidiary Legislation 499.24 — CARRIAGE BY AIR (INTERNATIONAL AND NON- INTERNATIONAL CARRIAGE) ORDER

Reg. 2 Interpretation. — CARRIAGE BY AIR (INTERNATIONAL AND NON- INTERNATIONAL CARRIAGE) ORDER Open official source

In this Order unless the context otherwise requires -

"air transport undertaking" means a person whose business

includes the carriage by air of passengers, mail and, or cargo for

hire or reward;

"Carriage by Air Conventions" means

(a) the Convention known as the Montreal Convention set

out in the First Schedule; and

(b) the Convention known as the Warsaw Convention set

out in the Third Schedule;

"carr ier " means an air transpo rt undertaking with a valid

operating licence;

"Community air carrier" means an air carrier with a valid

operating licence granted by a Member State of the European

Union in accordance with the provisions of Regulation (EEC) No.

2407/92;

"European Parliament and Council Regulation No. 889/2002"

means the European Parliament and Council Regulation No. 889 of

13th May 2002 amending Council Regulation EC No. 2027/97 on

air carrier liability in the event of accidents;

"Montreal Convention" means the Convention for the

Unification of Certain Rules for International Carriage By Air done

at Montreal on the 28th May 1999 as reproduced in the First

Schedule;

" o p e r a t in g l ic e n c e" m e an s a n a u t h o r is a t io n b y t h e St at e

responsible to an air transport undertaking permitting it to carry out

carriage by air of passengers, mail and, or cargo as stated in the

operating licence for hire or reward;

"SDR" means a special drawing right as defined by the

International Monetary Fund;

"Warsaw Convention" means the Convention for the Unification

of Certain Rules relating to International Carriage by Air, signed at

Warsaw on 12 October 1929 as reproduced in the Third Schedule.

CARRIAGE BY AIR

(INTERNATIONAL AND NON-INTERNATIONAL CARRIAGE)

Laws of Malta — Subsidiary Legislation 499.24 — CARRIAGE BY AIR (INTERNATIONAL AND NON- INTERNATIONAL CARRIAGE) ORDER

Second Schedule — CARRIAGE BY AIR (INTERNATIONAL AND NON- INTERNATIONAL CARRIAGE) ORDER Open official source

L.N. 411 of 2007.

(Regulation 4)

Non-international carriage

Part I - Application of the Montreal Schedule

The Montreal Schedule as set out in the First Schedule shall apply in respect of

non-international carriage subject to the following exceptions, adaptations and

modifications -

For "Convention" wherever it appears, there shall be substituted "Schedule".

In Article 1.1 the word "international" shall be omitted.

Article 1.2 and 1.3 shall not apply.

Save for Article 3.1(b) Chapter II shall apply and Article 3.4 shall read as follows

"The passenger shall be given written notice to the effect that this

Schedule is applicable and it governs and limits the liability of carriers

in respect of death or injury and for destruction or loss, or damage to,

baggage and for delay.".

In Article 23.1 the third and fourth sentences shall be omitted.

For Article 23.2 the following shall be substituted -

"The value on a particular day of one Special Drawing Right shall be

treated as equal to such a sum in Euros as the International Monetary

Fund have fixed as being the equivalent of one Special Drawing Right -

-

for that day; or

-

if no sum has been fixed for that day, for the last day before that

day for which a sum has been so fixed.".

For Article 23.3 the following shall be substituted -

"A certificate given by or on behalf of the Central Bank of Malta

stating -

-

that a particular sum in Euros has been fixed by the International

Monetary Fund as referred to in paragraph 2 for a particular day;

or

-

that no sum has been so fixed for a particular day and that a

particular sum in Euros has been so fixed for a day which is the

last day for which a sum has been so fixed before the particular

day,

shall be conclusive evidence of those matters for the purposes of this

article; and a document purporting to be such a certificate shall in any

proceedings be received in evidence and, unless the contrary is proved,

be deemed to be such a certificate.".

Article 24 shall be omitted.

Article 33 shall not apply.

Article 34.2 shall not apply.

In Article 36.1 the words from "and" where it first occurs to "Article 1" shall be

In Article 42 the second sentence shall not apply.

In Article 45 the second sentence shall not apply.

Article 46 shall not apply.

Article 51 shall not apply.

Articles 53 to 57 shall not apply.

Part II

For convenience of reference the Montreal Convention, with the exceptions,

adaptations and modifications made by this Schedule are here set out

Non-international carriage

Chapter I

General Provision

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.

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 and Carriage of Postal Items

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.

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

Schedule 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

In respect of carriage of passengers, an individual or collective document of

carriage shall be delivered containing

-

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.

The carrier shall deliver to the passenger a baggage identification tag for

each piece of checked baggage.

The passenger shall be given written notice to the effect that this Schedule is

applicable and it governs and limits the liability of carriers in respect of death or

injury and for destruction or loss, 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 Schedule including those relating to

limitation of liability.

Chapter III

Liability of the Carrier and Extent of Compensation 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

-

inherent defect, quality or vice of that cargo;

-

defective packing of that cargo performed by a person other than the

carrier or its servant or agents;

-

an act of war or an armed conflict;

-

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 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 servant 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.