Regulatory Policy and Air Law
Montreal Convention 1999
Context
- 4 C's (contrasts, conflicts, confusion, complexity) : need of international law for liability in aviation in case of accident
- Warsaw 1929 wasn't efficient enough :
- no amendment or review
- fixed compensation limits
- not serve needs of 21st century
- Montreal 1999 is the same as Warsaw without these issues
Application
Applies to all international carriages of persons, baggage or cargo
Application
International carriage : article 1
Either :
- Departure and place of destination situated in the territories of 2 States Party
- Departure and place of destination situated in 1 State Party if agreed stop in another State (Party or not)
International carriage
Article 3 :Successive carriers = one carriage if it is a single operation
Liability : article 17
Liability
- Carrier is liable for death or bodily injured of a passenger if it took place on the aircraft or while embarking/disembarking
Baggage : article 17.2
Baggage
- Checked baggage: liable if loss or damage took place on aircraft/while they were in charge of the baggage
- Unchecked baggage: liable if it's it fault or servants/agents
Cargo : article 18
Cargo
Carrier is liable if it took place while the cargo is in charge of carrier
Exceptions:
- inherent defect
- defective packing (from other than carrier)
- war
- act of public authority
Delay : article 19
Liable for damage occasioned by delay except if:
- servants/agents took all measures that could be taken
- impossible for them to take such measures
Delay
Exoneration : article 20
Exoneration: carrier wholly or partly exonerated from its liability if damage caused by the person claiming compensation
Compensation & Exoneration
128,821
Exoneration if damage not caused by carrier OR caused by third party
Persons
no limit
Baggage
Except if special declaration : no limit
1,288
Cargo
22/kg
Delay (for passengers)
5,346
Details
Successive carriage: carrier who performed carriage while damage occurred (unless 1st carrier expressed liability for whole journey)
Carriage performed by a third party: different from successive carriage, but included in articles 39 - 48
Notices : article 31
Notice
Must be made in writing within:
- 7 days for baggage
- 14 days for cargo
- 21 days for delay
Receipt must be given with complaints for baggage and cargo
Jurisdiction
Jurisdiction
A plaintiff can bring his claim:
- On the territory of a State Party
- AND either where carrier:
- is domiciled
- has principal place of business
- has place of business where contract made
- place of destination
Advance payment
Advance payment
For death and injury: if required by its national law, the carrier shall make advance payments
Not constitute a recognition of liability