Comparison Warsaw and Montreal Convention [PDF]

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WARSAW VS. MONTREAL CONVENTION



Goal/Purpose



WARSAW CONVENTION



MONTREAL CONVENTION



To create uniformity in the rules governing international carriage by air.



To protect the interests of consumers in the international carriage by air, and even more specifically the need for equitable compensation based on the principle of restitution.



Documents of carriage should contain:



No limits on liability if the carrier failed to provide proper documentation.



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 State Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place.



Accident must cause physical injury to be compensable; Punitive damages are also not permitted.



For damage arising under paragraph 1 of Article 17 not exceeding 100,000 Special Drawing Rights (SDR) for each passenger, the carrier shall not be able to exclude or limit its liability.



Modernization/Documentation



Liability of Carrier and Extent of Compensation for Damages



A. PASSENGER



250,000 FRENCH FRANCS (approximately $8,300)



For a carrier to not be held liable for damages under Article 17(1), the carrier must prove: (a) such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents...[or] (b) such damage was solely due to the negligence or other wrongful act or omission of a third party.



Raised the liability to $75,000



B. BAGGAGE CHECK



500 FRENCH FRANCS PER PASSENGER



1,000 SDR, UNLESS SPECIAL DECLARATION AND ADDITIONAL PAYMENT HAS BEEN MADE.



250 FRENCH FRANCS PER KILOGRAM



17 SDR PER KILOGRAM



Allows a carrier to completely avoid liability if it proves it took "all necessary measures" to avoid the accident, or it was impossible to do so.



Allows a carrier to avoid liability "to the extent that" the airline proves the damage was caused by the passenger's contributory negligence.



A. PASSENGER



3 DAYS



7 DAYS



B. BAGGAGE



7 DAYS



14 DAYS



C. CARGO



14 DAYS



21 DAYS



Jurisdiction



The territory of either one of the High Contracting Parties, either before the Court having jurisdiction where the carrier is ordinarily resident or has his principal place of business.



The territory of a State Party in which at the time of the accident the passenger has his or her principal or permanent residence and to or from which the carrier operates services for the carriage of passengers by air,



C. CARGO



Carrier’s Defense



Timely Notice of Claims



either on its own aircraft, or on another carrier's aircraft pursuant to a commercial agreement.



Note: Article 55 of The Montreal Convention of 1999 provides that the 1999 Montreal Convention prevails over the Warsaw Convention, the Hague Protocol, and other subsequent revisions. However, it is important to note the Montreal Convention's supremacy over previous agreements applies only to those countries that actually ratify the new Convention.