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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

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

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