Lost / damaged baggage: Montreal or Warsaw, which Convention to vow?

As will be remembered, the 1999 Montreal Convention replaces the Warsaw Convention, signed in 1929, with the immediate consequence of paying greater compensation to passengers and, in particular, delaying the transport of passengers and baggage.

But beware: to be able to claim the application of the Montreal Convention, we must pass the course of Article 1 of the latter.

On the one hand, it must be an international transport and on the other hand it must take place between points located in two States Parties to the Convention OR in a State as long as there is a stopover in another country party.

How do you know if both countries are party to the Convention?

This must be done by consulting the list established by the depositary of the instruments of the Convention. In our case, it is the ICAO which is none other than the International Civil Aviation Organization.

It is important to verify that the country in question has not entered a reservation regarding the application of this or that provision of the Convention!

Some last tips

Always check if the country has signed and ratified the Convention: the signature commits the country internationally while the ratification corresponds to the integration of the text of the Convention in the domestic law of the country, which allows to activate the courts .

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