Montreal Convention

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Montreal Convention

an international convention signed in 1999 and now in force for the UK for non-international travel and within the European Union and Economic Area. It replaces the Warsaw Convention governing loss, injury and damage on air journeys. The most significant point is that there is a two-tier regime for personal injury - strict liability up to about £ 85,000 and a reversible burden fault provision above that. There is no upper financial limit for personal injury. In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under the Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in the Convention without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. In any such action, punitive, exemplary or any other non-compensatory damages are not recoverable. Effectively many claims are made more easy than under common law but others are barred. The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

However, this terminology has in previous conventions made claims for nervous shock alone or as a result of a condition - like deep vein thrombosis - difficult or impossible. The carrier is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents. The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. However, the carrier is not liable if and to the extent it proves certain defences including an act of war or an armed conflict. The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Receipt by the person entitled to delivery of checked baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage or with the record preserved by the other means set out in the convention. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven calendar days. In the case of delay, the complaint must be made at the latest within 21 days from the date on which the baggage or cargo have been placed at his or her disposal. The right to damages is extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

References in periodicals archive ?
The Montreal Convention 1999 (MC99) enables digital documentation in customs documentationa key enabler of the e-AWB.
According to the Montreal Convention, the report said, luggage is only considered lost after 21 days.
The plain text of the Montreal Convention allows Doe to recover all her 'damage sustained' from the incident, which includes damages for both physical injury and accompanying emotional or mental harm," the appeals court stated when reversing and remanding the case.
On international itineraries, passengers may be able to recover reimbursement under Article 19 of the Montreal Convention for expenses," USDT added.
The airline refused compensation, even up to the strict liability amount found in the Montreal Convention.
The Montreal Convention 1999 (the "Convention") was drafted in an effort to modernise and consolidate the Warsaw Convention, and to replace the Warsaw system with a new uniform instrument.
Under the Montreal Convention, airlines must pay damages of up to about $145,000 (Au109,000) to victims' families, regardless of the circumstances of a crash.
Under the Montreal Convention, airlines are responsible for the bags they check in, although liability is limited.
According to media reports, some of these aircraft were disabled while in service (as defined by the Montreal Convention of 1971); such an action is contrary to international civil aviation conventions to which Venezuela is a signatory.
Wood's estate -- represented by Podhurst Orseck in Miami, with Robbins, Russell, Englert, Orseck, Untereiner & Sauber in Washington filing the case as local counsel -- sued Malaysia Airlines under the Montreal Convention, an international treaty that governs carrier liability for airline accidents.
The Bill will enable the government to revise the liability limits of carriers in line with the Montreal Convention, which India had signed in May 2009.
But they have not paid as per the Montreal Convention in the case of women and children who died.

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