Montreal Convention / Baggage: Passenger Claim Laws

Article 1 – Scope

1. This Convention applies to all international carriage of persons, baggage or cargo, performed by aircraft for remuneration. It also applies to free transport by aircraft by an airline.

2. For the purposes of this Convention, the term “international transport” means any transport in which, according to the stipulations of the parties, the point of departure and the point of destination, whether or not there is a break in transport or transhipment, are situated either in the territory of two States Parties or in the territory of a single State Party if a stopover is planned in the territory of another State, even if that State is not a State Party . Transport without such a stopover between two points in the territory of a single State Party shall not be regarded as international within the meaning of this Convention.

3. The carriage to be performed by several successive carriers is deemed to constitute a single carriage for the purposes of this Convention where it has been envisaged by the parties as a single operation, whether it has been concluded in the form of a single contract or series of contracts, and it does not lose its international character by the fact that only one contract or series of contracts must be performed in full in the territory of the same State.

Article 3 – Passengers and Baggage

1. In the carriage of passengers, an individual or collective transport ticket shall be issued containing:
(a) the indication of the points of departure and destination;
(b) if the points of departure and destination are within the territory of the same State Party and one or more stops are planned in the territory of another State, an indication of one of those stops.

2. The use of any other means of ascertaining the information given in paragraph 1 may be substituted for the issue of the ticket referred to in that paragraph. If such other means is used, the carrier will offer to issue to the passenger a written document verifying the information contained therein.

3. The carrier shall issue to the passenger an identification card for each piece of checked baggage.

4. The passenger will be given a written notice indicating that, when this Agreement applies, it governs the liability of carriers in the event of death or injury and in the event of destruction, loss or damage to baggage , or delay.

5. Non-compliance with the provisions of the preceding paragraphs shall not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention, including those relating to the limitation of the responsibility.

Article 17 – Death or injury suffered by the passenger – Damage to baggage

1. The carrier is liable for the injury resulting from the death or personal injury suffered by a passenger, for the sole reason that the accident that caused the death or injury occurred on board the aircraft or during all boarding or disembarking operations.

2. The carrier is liable for damage resulting from the destruction, loss or damage of checked baggage, solely because the act which caused the destruction, loss or damage occurred on board the aircraft or on the during any period during which the carrier had custody of the checked baggage. However, the carrier is not liable if and insofar as the damage results from the nature or the personal nature of the baggage. In the case of unregistered baggage, including personal effects, the carrier is liable if the damage results from his fault or that of his servants or agents.

3. If the carrier admits the loss of checked baggage or if the checked baggage has not arrived at his destination within twenty-one days of the date on which it should have arrived, the passenger is entitled to assert against the carrier the rights arising from the contract of carriage.

4. Except as otherwise provided in this Convention, the term “baggage” means checked baggage as well as unregistered baggage.

Article 19 – Delay

The carrier is liable for the damage resulting from a delay in the air transport of passengers, baggage or goods. However, the carrier is not liable for damage caused by a retards’il proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or it was impossible for the take.

Article 22 – Limits of Liability for Delays, Baggage and Goods

1. In the case of damage sustained by passengers as a result of delay under Article 19, the carrier’s liability shall be limited to the sum of 4,150 special drawing rights per passenger.

2. In the carriage of baggage, the carrier’s liability in case of destruction, loss, damage or delay estlimitée the sum of 1,000 Special Drawing Rights for each passenger unless special declaration of interest in delivery made by the passenger in moment of delivery of the checked baggage to the carrier and subject to the possible payment of an additional sum. In this case, the carrier will be required to pay up to the amount declared, unless it proves that it exceeds the actual interest of the passenger upon delivery.

3. In the carriage of goods, the carrier’s liability, in the event of destruction, loss, damage or delay, shall be limited to the sum of 17 special drawing rights per kilogram, unless special declaration of interest on delivery made by the sender at the time of delivery of the parcel to the carrier and subject to the payment of any additional sum. In this case, the carrier will be required to pay up to the amount declared unless it proves that it is greater than the actual interest of the shipper on delivery.

4. In the event of the destruction, loss, damage or delay of part of the goods or of any article contained therein, only the total weight of the parcel in question shall be taken into account for determine the carrier’s liability limit. However, when the destruction, loss, damage or delay of part of the goods, or of an article contained therein, affects the value of other parcels covered by the same air transport letter or by the same receipt or, in the absence of such documents, by the same information recorded by the other means referred to in Article 4 (2), the total weight of such packages shall be taken into account in determining the limit of liability.

5. The provisions of paragraphs 1 and 2 of this article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or his agents, made either with the intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of an act or omission of a servant or agent, the preuvesoit also proved that they have acted in the exercise of their functions.

Article 31 – Time of protest

1. The receipt of checked baggage and goods without protest by the addressee shall constitute presumption, unless there is evidence to the contrary, that the baggage and goods were delivered in good condition and in accordance with the transport document or the particulars recorded by the other means referred to in Article 3 (2) and Article 4 (2).

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