Appendix A: Montreal Convention 1999

AuthorJohn D. Holding, Q.C., MRAeS
[ 85 ]
Appendix A: Montreal Convention 1999
Signed at Montreal on 28 May 1999
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 Con-
vention”, and other related instr uments to the harmonization of private in-
ternational air law;
RECOGNIZING the need to modernize and consolidate the Warsaw
Convention and related instruments;
RECOGNIZING the import ance of ensuring protection of the i nterests
of consumers in inter national carriage by air and the need for equitable
compensation based on the principle of restitution;
REAFFIRMING the desirabilit y of a n orderly development of interna-
tional air t ransport operations and the smooth f‌low of passengers, bagg age
and cargo in accordance with the principles and objectives of the Convention
on International Civil Aviation, done at Chicago on 7 December 1944;
CONVINCED that collective State act ion for further h armonization and
codif‌ication of certain ru les governing international car riage by air through
a new Convention is the most adequate means of achieving an equitable bal-
ance of interests;
[ 86 ] british manual of international air carriage
Article 1
Scope of Applica tion
1. This Convention applies to all international car riage of persons, bag-
gage or cargo performed by aircraft for reward. It applies equally to gratui-
tous carriage by airc raft performed by an air transport under taking.
2. For the purposes of this Convention, the ex pression internation al car-
riage means any carri age in which, according to the agreement between t he
parties, t he place of departure and the place of dest ination, 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 ter ritory of a single State
Party if t here is an agreed stopping place w ithin the territory of another
State, even if th at State is not a State Party. Carr iage between two points
within the ter ritory of a single State Party without an agree d stopping place
within the territory of another State is not international carriage for the pur-
poses of this Convention.
3. Carriage to be per formed by several successive carriers is deemed, for
the purposes of this C onvention, to be one undivided carria ge if it has been
regarded by the par ties as a single operat ion, whet her 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 ch aracter merely b ecause one contract or a
series of contracts is to be performed entirely within the territory of the
same State.
4. This C onvention applies also to carr iage as set out in Chapter V, sub-
ject to the terms contained therein .
Article 2
Carriage Perf ormed by State and Carriage of Postal It ems
1. Th is Convention applies to carriage performed by the State or by le-
gally constituted public bodies provided it falls within t he conditions laid
down in Artic le 1.
2. In the carriage of postal items, t he carrier sha ll be liable only to the
relevant postal administrat ion in accordance with the rules applicable to the
relationship between the car riers 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 posta l items.

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