WARSAW CONVENTION

&
MONTREAL CONVENTION
CONTENTS
 Warsaw Convention
 Montreal Convention
 Cases
WARSAW CONVENTION
 Took effect on February 13, 1933
 Convention was concurred in by the
Senate, through its Resolution No. 19, on
May 16, 1950.
 The Convention became applicable to
the Philippines on February 9, 1951.
 On September 23, 1955, President Ramon
Magsaysay issued Proclamation No. 201,
declaring our formal adherence thereto,
TERMS
 High Contracting Party
 Consignor
 Consignee
 Carrier
WARSAW CONVENTION
 Coverage
 all international carriage of persons,
luggage or goods performed by aircraft for
reward
 Also covers gratuitous carriage
WHAT THEN IS THE MEANING OF “INTERNATIONAL CARRIAGE?”

 According to the contract made by the parties, the place of

departure and the place of destination, whether or not there
be a break in the carriage or a transhipment, are situated
either within the territories of two High Contracting Parties,
 Or within the territory of a single High Contracting Party, if
there is an agreed stopping place within a territory
subject to the sovereignty, suzerainty, mandate or
authority of another Power, even though that Power
is not a party to this Convention. A carriage without
such an agreed stopping place between territories subject to
the sovereignty, suzerainty, mandate or authority of the
same High Contracting Party is not deemed to be
international for the purposes of this Convention.
WHAT ABOUT SUCCESSIVE CARRIERS WHEREIN A PART OF THE
TRIP IS TO BE PERFORMED WITHIN THE SAME TERRITORY?

 Ex. Manila to New York

 Manila -> Houston, Texas -> New York
ANSWER
 If agreed by the parties to be a single
operation, then it still falls under the
definition of international carriage, and
thusly within the purview of the
Warsaw Convention
EXCEPTION
 While the Warsaw Convention applies
to the international carriage of persons,
luggage or goods performed by aircraft
it does not cover carriage
performed under the terms of any
international postal Convention
TICKET
 (a) the place and date of issue;
 (b) the place of departure and of destination;
 (c) the agreed stopping places, provided that the
carrier may reserve the right to alter the stopping
places in case of necessity, and that if he exercises
that right, the alteration shall not have the effect of
depriving the carriage of its international character;
 (d) the name and address of the carrier or carriers;
 (e) a statement that the carriage is subject to the
rules relating to liability established by this
Convention.
AMENDED
 Indication of places of departure and destination
 If places of departure and destination are within the
territory of a single High Contracting Party, one or
more agreed stopping places being within the
territory of another State, and indication of the same
 Notice to the effect that if the passengers journey
involves an ultimate destination or stop in a country
other than the country of departure, that the Warsaw
Convention may be applicable, specifically regarding
the limitation of liability of carriers for death,
personal inury, and loss or damage to baggage
TICKET
 Prima facie Evidence of conclusion and
conditions of the contract of carriage
 The loss of the same does not affect
validity and existence of the contract
BAGGAGE CHECK
 (a) an indication of the places of departure and destination;
 (b) if the places of departure and destination are within the
territory of a single High Contracting Party, one or more
agreed stopping places being within the territory of another
State, an indication of at least one such stopping place
 (c) a notice to the effect that, if the carriage involves an
ultimate destination or stop in a country other than the
country of departure, the Warsaw Convention may be
applicable and that the Convention governs and in most
cases limits the liability of carriers in respect of loss of or
damage to baggage.
BAGGAGE CHECK
 Again prima facie evidence of the
registration of baggage and of the
conditions of contract of carriage
 However if carrier takes charge of
baggage without baggage check,
cannot avail of the limitations to their
liability under Section 22.
AIR WAYBILL
 Refers to Cargo
 Is actually a receipt, evidencing the
contract of carriage
AIR WAYBILL OR RECEIPT OF CARGO
 Made by consignor
 Mandated by Convention to be made in
3 parts
 For Carrier, signed by consignor
 For Consignee, signed by consignor and
carrier
 Copy to be signed by carrier and returned
to the consignor after cargo has been
accepted
AIR WAYBILL OR RECEIPT OF CARGO
 Prima Facie Evidence of
 Conclusion of Contract
 Acceptance of the cargo
 Conditions of carriage mentioned in the
same
 Weight, dimensions and packaging of
cargo
 Number of Packages
AIR WAYBILL OR RECEIPT OF CARGO
 Not evidence of
 Quantity
 Volume
 Condition
 Unless stated in the air waybill that the
same have been checked by the
carrier, in the presence of the
consignor or relate to the apparent
condition of the cargo
AIR WAYBILL-CONTENTS
 (a) an indication of the places of departure
and destination;
 (b) if the places of departure and destination
are within the territory of a single High
Contracting Party, one or more agreed
stopping places being within the territory of
another State, an indication of at least one
such stopping place;
 (c) indication of the weight of the
consignment
DUTIES OF CONSIGNOR
 Must complete airway bill with correct
particulars
 If carrier suffers damage or becomes liable
to a 3rd party because of any irregularity,
incorrectness, or incompleteness of
the particulars and statements made
by the consignor in the airway bill or
receipt for cargo, consignor shall indemnify
the carrier for the same
DUTY OF CONSIGNOR
 Must also furnish such information and
documents as are necessary to meet
the formalities of customs, octroi(a
form of tax) or police
RIGHT OF CONSIGNOR
 May dispose of cargo
 Withdrawing it at airport of departure or
destination
 Stopping it in course of journey on any landing
 Call for it to be delivered at the place of
destination
 To another person other than to whom the
consignee designated
 Require the same to be returned to the airport
of departure
RIGHT OF CONSIGNOR NOT ABSOLUTE
 Cannot prejudice carrier or other
consignors
 Must pay for any expenses occasioned
by the exercise of this right
PART OF CARRIER
 If carrier obeys without requiring the
production of the air waybill or receipt
of cargo, carrier will become liable to
any person who was lawfully in
possession of the same
 Extent is to the damage caused
CARRIER
 Must give notice to the consignee as
soon as the cargo arrives
CONSIGNEE
 Is entitled to have cargo delivered to
him by the carrier
 If cargo is lost or has not arrived at the
expiration of 7 days after the date it
should have arrived, consignee may
enforce against the carrier the rights
which flow from the contract of
carriage
LIABILITIES OF CARRIER
ARTICLE 17
 The carrier is liable for damage
sustained in the event of the death or
wounding of a passenger or any other
bodily injury suffered by a passenger, if
the accident which caused the damage
so sustained took place on board the
aircraft or in the course of any of
the operations of embarking or
disembarking.
BAGGAGE AND CARGO
 Liable for any loss, damage, or
destruction
 Only if the occurrence which caused
the damage took place during the
carriage by air
CARRIAGE BY AIR
 Period wherein baggage or cargo is in
charge of the carrier, whether in an
airport or onboard an aircraft.
 If the landing of the aircraft is outside
an airport, then any place the aircraft
lands
NOT LIABLE FOR CARGO IF
 Carrier can prove that the damage,
loss, or destruction resulted solely from
one or more of the following
 Inherent Defect, quality or vice of the
cargo
 Defective packing of the cargo, if packing
was carried out by person other than
carrier or his servants/agents
 Act of war or an armed conflict
 Act of public authority
DELAY
 Carrier is liable for damage caused by
the delay of the transportation of
passengers, baggage, or cargo.
 Not liable however if carrier can prove
that his servants and agents have
taken all necessary measures to avoid
the damage, or that it was impossible
for them to take such measures.
EFFECT OF NEGLIGENCE OF PERSON SUFFERING DAMAGE

 If damage was caused by or

contributed by the negligence of the
person suffering damages, carrier may
be partly or wholly exonerated from his
liability
UPPER LIMIT OF LIABILITY
LIABILITY OF CARRIER FOR EACH PASSENGER

 250, 000 francs

 Parties may however agree to a higher
limit
LIMITATION REGARDING REGISTERED BAGGAGE

 250 francs per kilo

 Unless the passenger or consignor has
made a special declaration of interest and
has paid a supplementary sum
 In which case carriers liability is up to the
declared sum
LIMITATION AS TO CARGO
 17 Special Drawing Rights per kilo
 250 francs
 Unless again there was a special
declaration of interest in deliver at
destination and there was a payment of
a supplementary sum
OBJECTS OF WHICH PASSENGER TAKES CHARGE OF HIMSELF

 5,000 francs per passenger

 These limitations do not however
include court costs and other litigation
expenses
WHAT IS THE VALUE OF THE FRANC?
 65.5 milligrams of gold of millesimal
fineness 900
SPECIAL DRAWING RIGHTS
 Refers International Monetary Fund
CAN THE PARTIES PROVIDE FOR A LOWER LIMIT OF LIABILITY?

 No. The said provision becomes null

and void
 Provision only, not entire contract
LIMITS AS PRIOR PROVIDED HOWEVER INAPPLICABLE IF

 The damage resulted from act or

omission, but the carrier, agent, or
servants
 With the intent to cause damage, or
recklessly and with the knowledge that
should damage would probably result
 Provided that if it was the servant or agent
who caused said damage, that he was
acting within the scope of his employment
ARTICLE 24
 Any action for damages can only be
brought subject to the conditions and
limits set out in this Convention
PRESCRIPTIVE PERIODS
 Receipt without complaint of baggage
or cargo is prima facie evidence that
the same have been delivered in good
condition and in accordance with the
document of carriage
PRESCRIPTIVE PERIODS
 In case of damage
 Must complain to carrier within 7 days in
case of baggage from receipt
 14 days in cases of cargo
 Delay
 21 days from which the baggage or cargo
is placed at his disposal
PRESCRIPTIVE PERIODS: DAMAGES PASSENGERS

 2 years computed from the

 Arrival of destination
 When the aircraft ought to have arrived
 Date on which the carriage stopped
PRESCRIPTIVE PERIODS
 Must be in writing upon the document
of carriage or in a separate notice

 Failure to follow the periods

aforementioned, no action shall lie
against the carrier
 Exception is when carrier employed fraud
WHERE TO FILE?
 In the territory of one of the High
Contracting Parties
 Where Carrier is Ordinarily Resident
 Where Carrier has his principal place of
business
 At the place where the contract was made
 Court Having jurisdiction at the place of
destination
SUCCESSIVE CARRIERS
 If falls under Article 1, paragraph 3
(one undivided carriage)
 Passenger can only take action against
the carrier who performed the carriage
during which the accident or delay
occurred
 Unless the first carrier assumed liability for
the entire journey
SUCCESSIVE CARRIERS: BAGGAGE
 Passenger or Consignor will have right
of action against first carrier
 Passenger or Consignee will have right
of action against last carrier
 May also go after the carrier who
performed carriage during which the
destruction, loss, damage, or delay
took place.
 Carriers jointly and severally liable in
this case
COMBINED CARRIAGE
 Air, Land, Water
 E.X. Boat to Airport
 This Convention only applies to the
carriage by air
ARTICLE 32
 Any clause contained in the contract and all
special agreements entered into before the
damage occurred by which the parties purport to
infringe the rules laid down by this Convention,
whether by deciding the law to be applied, or by
altering the rules as to jurisdiction, shall be null
and void. Nevertheless for the carriage of goods
arbitration clauses are allowed, subject to this
Convention, if the arbitration is to take place
within one of the jurisdictions referred to in the
first paragraph of Article 28.
MONTREAL CONVENTION
SPECIAL DRAWING RIGHT
 Applicable only to States who are members of
the International Monetary Fund
 Conversion will be at the at date of
judgement in accordance with the method of
valuation applied by the International
Monetary Fund
 If not a member, and does not reject Article
23, Paragraph 1, will calculate the valuation
of their currency with respect to the Special
Drawing Right
WHAT IF NON-MEMBER OF IMF, AND STATE LAW
DOES NOT ALLOW FOR FOR APPLICATION OF
PREVIOUS SLIDE?

 Injury or Death
 1.5 Million Monetary Units
 Delay
 62.5 K Monetary Units
 Baggage
 15 K Monetary Units
 Cargo
 250 Monetary Units Per Kilo
MONETARY UNIT
 65.5 milligrams of millesimal finess 900
COMPENSATION IN CASE OF DEATH OR INJURY OF
PASSENGERS

 In cases not exceeding 100 000 Special

Drawing Rights for each passenger in
case of death or injury, carrier cannot
exclude or limit its liability
 Cannot be held liable for more than
100,000 Special Drawing rights if carrier
can prove
 Damage was not due to the negligence,
wrongful act, or omission of the carrier or its
servants/agents
 Damage was caused solely by
act/omission/negligence of a third party
DELAY
 Limit to 4, 150 Special Drawing Rights
BAGGAGE
 In cases of destruction, loss, damage,
or delay
 1, 000 Special Drawing Rights
 Unless Passenger Makes a special Declaration
of interest in delivery at destination and has
paid a supplementary sum, if the case so
requires.
CARGO
 17 Special Drawing Rights per kilo
 Unless special declaration of interest in
delivery at destination, and has paid a
supplementary sum is required.
REVIEW OF LIMITS
 5 year intervals
 Or if Convention is not entered into force within
5 years from date it was open for signature,
within 1rst year from entry into force
 If it is found during the review that the
inflation factor(accumulated rate of inflation
since previous revision) has exceeded 10
percent, Depositary shall notify State
Parties of a revision. Becomes effective 6
months after notification
REVIEW OF LIMITS
 If within 3 months from notification
State Parties Register their disapproval,
the revision does not become effective
 Depositary shall refer the matter to a
meeting of the State parties
 State Parties may, if they compose at least
1/3 of the parties, do the same, provided
further that the inflation factor has
exceeded 30 percent
JURISDICTION
 territory of a State Party in which at the time of the
accident the passenger has his or her principal
and permanent residence
 and to or from which the carrier operates
services for the carriage of passengers by air,
either on its own aircraft, or on another carrier’s
aircraft pursuant to a commercial agreement,
and in which that carrier conducts its business of
carriage of passengers by air from premises leased
or owned by the carrier itself or by another carrier
with which it has a commercial agreement.
INSURANCE
 State Parties Shall Require their carriers
to maintain adequate insurance
covering their liability
 Carriers may be required to submit
evidence that it maintains adequate
insurance covering its liability
ARTICLE 55
 States that this Convention prevails
over any rules which apply to
international carriage by air, including
the Warsaw Convention.
ARTICLE 57
 No reservation may be made to this Convention
except that a State Party may at any time declare
by a notification addressed to the Depositary
that this Convention shall not apply to:
 a) international carriage by air performed and
operated directly by that State Party for non-
commercial purposes in respect to its functions and
duties as a sovereign State; and/or
 b) the carriage of persons, cargo and baggage for its
military authorities on aircraft registered in or leased by
that State Party, the whole capacity of which has been
reserved by or on behalf of such authorities.
LOPEZ V PAN AM
KLM ROYAL DUTCH AIRLINES V CA
SANTOS III V NORTHWEST ORIENT
AIRLINES
PHILIPPINE AIRLINES V SAVILLO
LHUILLER V BRITISH AIRWAYS