Article 12 Montreal Convention

Article 12 of the Montreal Convention (Convention For the Unification of Certain Rules for International Carriage by Air) is titled Right of Disposition of Cargo. It is under Chapter II (Documentation and Duties of the Parties Relating to the Carriage of Passengers, Baggage and Cargo).

1. Subject to its liability to carry out all its obligations under the contract of carriage, theconsignor has the right to dispose of the cargo by withdrawing it at the airport of departure ordestination, or by stopping it in the course of the journey on any landing, or by calling for it to bedelivered 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.

See also: Article 11 Montreal Convention