Beruflich Dokumente
Kultur Dokumente
Submitted By:
Group 1
Gacula, Raya Risha D.
Go, Denise Kimberly Krizelle D.
Lo, Ana Rosalie B.
Monter, Mary Ann G.
Ostan, Margilyn S.
Ramores, Kathrina Nina T.
Roa, Mary Rose S.
Submitted to:
Atty. Rhea Joy Morales-Gonzales
Brief History
The Warsaw Convention is formally called the “The Convention for the Unification of
Certain Rules Relating to International Transportation by Air”. It was ratified by the Philippines
on November 9, 1950 and it took effect on February 7, 1951.
When the place of departure and the place of destination are within the territories of
two contracting countries regardless of whether or not there was a break in the
transportation or transhipment.
When the place of departure and the place of destination are within the territory of a
single contracting country if there is an agreed stopping place within a territory subject
to the sovereignty, mandate or authority of another power, even though the power is
not a party to the Convention.
Coverage
Liability under the Warsaw Convention does not arise if a passenger’s injury results
from his own internal reaction to the usual, normal and expected operation of the
aircraft. In other words, the injury case was not caused by an accident. Hence, Courts
are required to distinguish causes that are “accidents” from causes that are
“occurrences”.
The carrier shall be liable for damage sustained in the event of the death or injury of a
passenger if the accident which caused the damage took place:
▪ on board the aircraft or,
▪ in the course of any of the operations of embarking or disembarking or
▪ when there was or because of delay
With respect to baggage or goods checked in, the carrier is liable if the damage
occurred:
▪ during air transportation or
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▪ when there is delay
Limit of Liability
Rule: The liability of the carrier for injuries to passengers under the Warsaw
Convention is 250,000 francs.
Exception: However, by special contract, the carrier and the passenger may agree to a
higher limit of liability
2. Gross Negligence
Ex. Loss of baggage by the carrier
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o If the baggage check does not contain the particulars required.
However, Article 4(4) provides that “the absence, irregularity or loss of the
baggage checks shall not affect the existence or the validity of the contract of
transportation which shall nonetheless be subject to the rules of this
Convention.”
Tort Liability
The Warsaw Convention does not preclude application of the Civil Code and local
laws.
Hence, a complaint for quasi-delist can still be filed even if the filing is beyond the
prescriptive period provided for under the Convention so long as it is within the
prescriptive period of 4 years under the Civil Code.
Brief History
After the adoption of the Warsaw Convention, several protocols took place to introduce
improvements to the original Warsaw Convention. The latest in this series is the 1999 Montreal
Convention which was signed on May 28, 1999. The Philippines’ accession to the Montreal
Convention was ratified through Senate Resolution No. 1336 on May 13, 2015.
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COMPARATIVE PROVISIONS OF WARSAW & MONTREAL CONVENTION
Objective
Period Covered
● It is the period during which the baggage ● It is the period during which the cargo is
or goods are in the charge of the carrier, in the charge of the carrier, upon condition
whether in an airport or on board an only that the event which caused the
aircraft, or, in the case of a landing outside damage so sustained took place during the
an airport, in any place whatsoever. carriage by air.
● Not covered – any transportation by land, ● Not covered – any transportation by land,
by sea, or by river performed outside an by sea, or by inland waterway performed
airport outside an airport. However, if such
carriage takes place in the performance of
a contract for carriage by air, for the
purpose of loading, delivery or
transshipment, any damage is presumed
to have been the result of an event which
took place during the carriage by air,
subject to proof to the contrary.
Application
● The Warsaw Convention will generally ● The Montreal Convention applies to all
apply where the Montreal Convention operations by European Union carriers
does not. and to all operations of other, non-
● It is less favourable to passengers. European Union carriers that have elected
to accepts its provisions.
● As of September 2018, there are 133
parties to the Convention
Liability
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Article 17 Article 17 - Death and injury of passengers
- damage to baggage
1) The carrier is liable for damage
sustained in the event of the death or 1) The carrier is liable for damage
wounding of a passenger or any other sustained in case of death or bodily
bodily injury suffered by a passenger, injury of a passenger upon condition
if the accident which caused the only that the accident which caused the
damage so sustained took place on death or injury took place on board the
board the aircraft or in the course of aircraft or in the course of any of the
any of the operations of embarking or operations of embarking or
disembarking. disembarking.
2) The carrier is liable for damage
sustained in case of destruction, or loss, 2) The carrier liable for damage sustained
or of damage to checked baggage. 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. However, the carrier is not
liable if and to the extent that the
damage resulted from the inherent
defect, quality or vice of the baggage.
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.
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The Warsaw Convention The Montreal Convention
1) The carrier is liable for damage 1) The carrier is liable for damage
sustained in the event of the destruction sustained in the event of the destruction
or loss of, or of damage to, any or loss of or damage to, cargo upon
registered luggage or any goods, if the condition only that the event which
occurrence which caused the damage caused the damage so sustained took
so sustained took place during the place during the carriage by air.
carriage by air.
2) However, the carrier is not liable if and
2) The carriage by air within the meaning to the extent it proves that the
of the preceding paragraph comprises destruction, or loss of, or damage to,
the period during which the luggage or the cargo resulted from one or more of
goods are in charge of the carrier, the following:
whether in an aerodrome or on board
an aircraft, or, in the case of a landing a) inherent defect, quality or vice of
outside an aerodrome, in any place that cargo;
whatsoever b) defective packing of that cargo
performed by a person other than
the carrier or its servants or agents;
c) an act of war or an armed conflict;
d) an act of public authority carried
out in connection with the entry,
exit or transit of the cargo.
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The Warsaw Convention The Montreal Convention
1) The carrier is liable for damage 1) The carrier is liable for damage
occasioned by delay in the carriage by occasioned by delay in the carriage by
air of passengers, luggage or goods. air of passengers, baggage or cargo.
Nevertheless, the carrier shall not be
liable for damage occasioned by delay
if it proves that it and its servants and
agents took all measures that could
reasonably be required to avoid the
damage or that it was impossible for it
or them to take such measures.
Exoneration of Liability
1) The carrier is not liable if he proves that 1) If the carrier proves that the damage
he and his agents have taken all was caused or contributed to by the
necessary measures to avoid the negligence or other wrongful act or
damage or that it was impossible for omission of the person claiming
him or them to take such measures. compensation, or the person from
whom he or she derives his or her
2) In the carriage of goods and luggage rights, the carrier shall be wholly or
the carrier is not liable if he proves that partly exonerated from its liability to
the damage was occasioned by the claimant to the extent that such
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The Warsaw Convention The Montreal Convention
Notice of Claim
Article 26 Article 31
Article 26 Article 31
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The Warsaw Convention The Montreal Convention
4) Failing complaint within the times against the carrier, save in the case of
aforesaid, no action shall lie against the fraud on its part.
carrier, save in the case of fraud on his
part.
Damages
Article 22 Article 21
Article 22 Article 21
2) In the carriage of registered luggage 2) The carrier shall not be liable for
and of goods, the liability of the carrier damages arising under paragraph 1 of
is limited to a sum of 250 francs per Article 17 to the extent that they exceed for
kilogram, unless the consignor has each passenger 100,000 Special Drawing
made, at the time when the package Rights if the carrier proves that:
was handed over to the carrier, a (a) such damage was not due to the
negligence or other wrongful act or
special declaration of the value at
omission of the carrier or its servants or
delivery and has paid a supplementary
agents; or
sum if the case so requires. In that case (b) such damage was solely due to the
the carrier will be liable to pay a sum negligence or other wrongful act or
not exceeding the declared sum, unless omission of a third party.
he proves that that sum is greater than
the actual value to the consignor at 4) In the case of destruction, loss, damage
delivery. or delay of part of the cargo, or of any
object contained therein, the weight to be
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The Warsaw Convention The Montreal Convention
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The Warsaw Convention The Montreal Convention
Article 29 Article 35
Article 28 Article 33
1) An action for damages must be 1) An action for damages must be
brought, at the option of the plaintiff, in brought, at the option of the plaintiff, in
the territory of one of the High the territory of one of the States Parties,
Contracting Parties, either before the either before the court of the domicile
Court having jurisdiction where the of the carrier or of its principal place of
carrier is ordinarily resident, or has his business, or where it has a place of
principal place of business, or has an business through which the contract
establishment by which the contract has been made or before the court at the
has been made or before the Court place of destination.
having jurisdiction at the place of
destination.
2) In respect of damage resulting from the
2) Questions of procedure shall be death or injury of a passenger, an action
governed by the law of the Court seised may be brought before one of the
of the case. courts mentioned in paragraph 1 of this
Article, or in the territory of a State
Party in which at the time of the
accident the passenger has his or her
principal and permanent residence and
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The Warsaw Convention The Montreal Convention
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