WARSAW CONVENTION DATE DATE OF October 12, 1929 Ratifed in the Philippines on November 9, 1959 and EFFECTIVI took eect on Februar !, 1951 TY $his %onvention applies to all intern international ational carria&e o' SCOPE persons per sons,, lu&& lu&&a&e a&e or &ood &oods s per per'orm 'ormed ed b air aircra' cra'tt 'or re(ard re (ard)) *t appl applies ies e+u e+uall all to &rat &ratuitou uitous s car carria& ria&e e b aircra't per'ormed b an air transport undertakin&) rticle 1! LIABILITY $he carrier is liable 'or dama&e sustained in the event o' the death or (oundin& o' a passen&er or an other bodil in-ur suered b a passen&er, i' the accident (hich caused the dama&e so sustained took place on boar bo ard d th the e ai airrcr cra' a'tt or in th the e co cour urse se o' an an o' th the e operations o' embarkin& or disembarkin& disembarkin&)) rticle 1# 1) $he car carrier rier is liab liable le 'or dama dama&e &e sustained sustained in the event o' the destruction destruction or loss o', or o' dama&e to, an re&iste re& istered red lu&&a&e lu&&a&e or an &ood &oods, s, i' the occurrenc occurrence e (hich (hic h cau caused sed the dama& dama&e e so sust sustaine ained d took place durin& the carria&e b air) 2) $h $he e car carria ria&e &e b air (ithin (ithin th the e mea meani nin& n& o' th the e prec pr eced edin& in& par para&r a&raph aph com compr prise ises s the pe perio riod d du durin rin& & (hich the lu&&a&e or &oods are in char&e o' the carrier, (hether in an aerodrome or on board an aircra't, or, in the case o' a land landin& in& outside outside an aerodrome, aerodrome, in an place (hatsoever) .) $he period o' the carria&e b air does not e/tend to an carria&e carria&e b land land,, b sea or b rive riverr per' per'orme ormed d outside outs ide an aer aerodro odrome) me) *', ho(e ho(ever ver,, suc such h a car carria& ria&e e takes tak es pla place ce in th the e pe per'o r'orm rmanc ance e o' a con contra tract ct 'or carria&e b air, 'or the purpose o' loadin&, deliver or transship tran sshipmen ment, t, an dama dama&e &e is pr presum esumed, ed, sub sub-ect -ect to proo' to the contrar, to have been the result o' an event (hich took place durin& the carria&e b air) rticle 19 $he carrier is liable 'or dama&e occasioned b dela in the carria&e b air o' passen&ers, lu&&a&e or &oods)
MONTREAL CONVENTION "a 2#, 1999
$his %onvention applies to all interna international tional carria&e o' persons, ba&&a&e ba&& a&e or car& car&o o per per'orm 'ormed ed b airc aircra't ra't 'or re( re(ard ard)) *t appl applies ies e+uall e+u all to &rat &ratuito uitous us carr carria&e ia&e b air aircra' cra'tt per' per'orm ormed ed b an air transport undertakin&) rticle 1! 0 eath and in-ur o' passen&ers 0 dama&e to ba&&a&e 1) $he carrier is liable 'or dama&e sustained in case o' death or bodil in-ur o' a passen&er upon condition onl that the accident (hich caused the death or in-ur took place on board the aircra't or in th the e co cour urse se o' an an o' th the e op oper erat atio ions ns o' em emba bark rkin in& & or disembarkin&) 2) $he carrier liable 'or dama&e sustained in case o' destruction or loss o', or o' dama&e to, checked ba&&a&e upon condition onl that the event (hich caused the destruction, loss or dama&e took place on board the aircra't or durin& an period (ithin (hich the checked ba&&a&e (as in the char&e o' the carrier) o(ever, the carrier is not liable i' and to the e/tent that the dama&e resulted 'rom the inherent de'ect, +ualit or vice o' the ba&&a&e) *n the case o' unchecked ba&&a&e, includin& personal items, the carrier is liable i' the dama&e resulted 'rom its 'ault or that o' its servants or a&ents) .) *' the carrier admits the loss o' the checked ba&&a&e, or i' the checked ba&&a&e has not arrived at the e/piration o' t(ent0one das da s a't a'ter er th the e dat date e on (h (hich ich it ou& ou&ht ht to hav have e ar arriv rived ed,, th the e passen&e passe n&err is ent entitle itled d to en'o en'orce rce a&ainst the car carrier rier the ri&h ri&hts ts (hich 3o( 'rom the contract o' carria&e) 4) n nles less s oth other( er(ise ise spe specif cifed ed,, in th this is %on %onve venti ntion on th the e te term rm 6ba&&a 6ba &&a&e6 &e6 mea means ns bot both h ch chec ecke ked d ba ba&&a &&a&e &e and un unch check ecked ed ba&&a&e) rticle 1# 0 ama&e to car&o 1) $he carrier is liable 'or dama&e sustained in the event o' the destruction or loss o' or dama&e to, car&o upon condition onl that the event (hich caused the dama&e so sustained took place durin& the carria&e b air) 2) o(ever, the carrier is not liable i' and to the e/tent it proves that the destruction, or loss o', or dama&e to, the car&o resulted 'rom one or more o' the 'ollo(in&7 8a inherent de'ect, +ualit or vice o' that car&o: 8b de'ective packin& o' that car&o per'ormed b a person other
EXONERATI ON OF LIABILITY
rticle 2; 1) $he carrier is not liable i' he proves that he and his a&ents have taken all necessar measures to avoid the dama&e or that it (as impossible 'or him or them to take such measures) 2) *n the carria&e o' &oods and lu&&a&e the carrier is not liable i' he proves that the dama&e (as occasioned b ne&li&ent pilota&e or ne&li&ence in the handlin& o' the aircra't or in navi&ation and that, in all other respects, he and his a&ents have taken all necessar measures to avoid the dama&e) rticle 21 *' the carrier proves that the dama&e (as caused b or contributed to b the ne&li&ence o' the in-ured person the %ourt ma, in accordance (ith the provisions o' its o(n la(, e/onerate the carrier (holl or partl 'rom his liabilit)
than the carrier or its servants or a&ents: 8c an act o' (ar or an armed con3ict: 8d an act o' public authorit carried out in connection (ith the entr, e/it or transit o' the car&o) .) $he carria&e b air (ithin the meanin& o' para&raph 1 o' this rticle comprises the period durin& (hich the car&o is in the char&e o' the carrier) 4) $he period o' the carria&e b air does not e/tend to an carria&e b land, b sea or b inland (ater(a per'ormed outside an airport) *', ho(ever, such carria&e takes place in the per'ormance o' a contract 'or carria&e b air, 'or the purpose o' loadin&, deliver or transhipment, an dama&e is presumed, sub-ect to proo' to the contrar, to have been the result o' an event (hich took place durin& the carria&e b air) *' a carrier, (ithout the consent o' the consi&nor, substitutes carria&e b another mode o' transport 'or the (hole or part o' a carria&e intended b the a&reement bet(een the parties to be carria&e b air, such carria&e b another mode o' transport is deemed to be (ithin the period o' carria&e b air) rticle 19 0 ela $he carrier is liable 'or dama&e occasioned b dela in the carria&e b air o' passen&ers, ba&&a&e or car&o) Nevertheless, the carrier shall not be liable 'or dama&e occasioned b dela i' it proves that it and its servants and a&ents took all measures that could reasonabl be re+uired to avoid the dama&e or that it (as impossible 'or it or them to take such measures) rticle 2; 0
NOTICE OF CLAIM
DAMAGES
rticle 2> 1) Receipt b the person entitled to deliver o' lu&&a&e or &oods (ithout complaint is prima 'acie evidence that the same have been delivered in &ood condition and in accordance (ith the document o' carria&e) 2) *n the case o' dama&e, the person entitled to deliver must complain to the carrier 'orth(ith a'ter the discover o' the dama&e, and, at the latest, (ithin three das 'rom the date o' receipt in the case o' lu&&a&e and seven das 'rom the date o' receipt in the case o' &oods) *n the case o' dela the complaint must be made at the latest (ithin 'ourteen das 'rom the date on (hich the lu&&a&e or &oods have been placed at his disposal) .)
rticle .1 0 $imel notice o' complaints 1) Receipt b the person entitled to deliver o' checked ba&&a&e or car&o (ithout complaint is prima 'acie evidence that the same has been delivered in &ood condition and in accordance (ith the document o' carria&e or (ith the record preserved b the other means re'erred to in para&raph 2 o' rticle . and para&raph 2 o' rticle 4) 2) *n the case o' dama&e, the person entitled to deliver must complain to the carrier 'orth(ith a'ter the discover o' the dama&e, and, at the latest, (ithin seven das 'rom the date o' receipt in the case o' checked ba&&a&e and 'ourteen das 'rom the date o' receipt in the case o' car&o) *n the case o' dela, the complaint must be made at the latest (ithin t(ent0one das 'rom the date on (hich the ba&&a&e or car&o have been placed at his or her disposal) .)
4) $he sums mentioned above shall be deemed to re'er to the French 'ranc consistin& o' >5 A milli&rams &old o' millesimal fneness 9;;) $hese sums ma be converted into an national currenc in round f&ures)
re+uires) *n that case the carrier (ill be liable to pa a sum not e/ceedin& the declared sum, unless it proves that the sum is &reater than the passen&erBs actual interest in deliver at destination) .) *n the carria&e o' car&o, the liabilit o' the carrier in the case o' destruction, loss, dama&e or dela is limited to a sum o' 1! ?pecial ra(in& Ri&hts per kilo&ram, unless the consi&nor has made, at the time (hen the packa&e (as handed over to the carrier, a special declaration o' interest in deliver at destination and has paid a supplementar sum i' the case so re+uires) *n that case the carrier (ill be liable to pa a sum not e/ceedin& the declared sum, unless it proves that the sum is &reater than the consi&norBs actual interest in deliver at destination) 4) *n the case o' destruction, loss, dama&e or dela o' part o' the car&o, or o' an ob-ect contained therein, the (ei&ht to be taken into consideration in determinin& the amount to (hich the carrierBs liabilit is limited shall be onl the total (ei&ht o' the packa&e or packa&es concerned) Nevertheless, (hen the destruction, loss, dama&e or dela o' a part o' the car&o, or o' an ob-ect contained therein, aects the value o' other packa&es covered b the same air (abill, or the same receipt or, i' the (ere not issued, b the same record preserved b the other means re'erred to in para&raph 2 o' rticle 4, the total (ei&ht o' such packa&e or packa&es shall also be taken into consideration in determinin& the limit o' liabilit) 5) $he 'ore&oin& provisions o' para&raphs 1 and 2 o' this rticle shall not appl i' it is proved that the dama&e resulted 'rom an act or omission o' the carrier, its servants or a&ents, done (ith intent to cause dama&e or recklessl and (ith kno(led&e that dama&e (ould probabl result: provided that, in the case o' such act or omission o' a servant or a&ent, it is also proved that such servant or a&ent (as actin& (ithin the scope o' its emploment) >) $he limits prescribed in rticle 21 and in this rticle shall not prevent the court 'rom a(ardin&, in accordance (ith its o(n la(, in addition, the (hole or part o' the court costs and o' the other e/penses o' the liti&ation incurred b the plainti, includin& interest) $he 'ore&oin& provision shall not appl i' the amount o' the dama&es a(arded, e/cludin& court costs and other e/penses o' the liti&ation, does not e/ceed the sum (hich the carrier has oered in (ritin& to the plainti (ithin a period o' si/ months 'rom the date o' the occurrence causin& the dama&e, or be'ore the commencement o' the action, i' that is later)
rticle 29 1) $he ri&ht to dama&es shall be e/tin&uished i' an action is not brou&ht (ithin t(o ears, reckoned 'rom the date o' arrival at the destination, or 'rom the date on (hich the aircra't ou&ht to have arrived, or 'rom the date on (hich the carria&e stopped) 2) $he method o' calculatin& the period o' limitation shall be determined b the la( o' the %ourt seised o' the case) VENUE OF rticle 2# 1) n action 'or dama&es must be brou&ht, at the ACTIONS option o' the plainti, in the territor o' one o' the i&h (COURTS) %ontractin& Parties, either be'ore the %ourt havin& -urisdiction (here the carrier is ordinaril resident, or has his principal place o' business, or has an establishment b (hich the contract has been made or be'ore the %ourt havin& -urisdiction at the place o' destination) 2) Duestions o' procedure shall be &overned b the la( o' the %ourt seised o' the case) PRESCRIPT IVE PERIOD
rticle .5 0 @imitation o' actions 1) $he ri&ht to dama&es shall be e/tin&uished i' an action is not brou&ht (ithin a period o' t(o ears, reckoned 'rom the date o' arrival at the destination, or 'rom the date on (hich the aircra't ou&ht to have arrived, or 'rom the date on (hich the carria&e stopped) 2) $he method o' calculatin& that period shall be determined b the la( o' the court seiCed o' the case) rticle .. 0 Eurisdiction 1) n action 'or dama&es must be brou&ht, at the option o' the plainti, in the territor o' one o' the ?tates Parties, either be'ore the court o' the domicile o' the carrier or o' its principal place o' business, or (here it has a place o' business throu&h (hich the contract has been made or be'ore the court at the place o' destination) 2) *n respect o' dama&e resultin& 'rom the death or in-ur o' a passen&er, an action ma be brou&ht be'ore one o' the courts mentioned in para&raph 1 o' this rticle, or in the territor o' a ?tate Part in (hich at the time o' the accident the passen&er has his or her principal and permanent residence and to or 'rom (hich the carrier operates services 'or the carria&e o' passen&ers b air, either on its o(n aircra't or on another carrierBs aircra't pursuant to a commercial a&reement, and in (hich that carrier conducts its business o' carria&e o' passen&ers b air 'rom premises leased or o(ned b the carrier itsel' or b another carrier (ith (hich it has a commercial a&reement) .) For the purposes o' para&raph 2, 8a 6commercial a&reement6 means an a&reement, other than an a&enc a&reement, made bet(een carriers and relatin& to the provision o' their -oint services 'or carria&e o' passen&ers b air: 8b 6principal and permanent residence6 means the one f/ed and permanent abode o' the passen&er at the time o' the accident) $he nationalit o' the passen&er shall not be the determinin& 'actor in this re&ard) 4) Duestions o' procedure shall be &overned b the la( o' the court seiCed o' the case)
