What is an accident under the Montreal Convention?

What is an accident under the Montreal Convention?

The term ‘accident’ set out in the article 17(1) of the Montreal Convention 1999 received a well-known and now almost universally accepted interpretation by the US Supreme Court judgment in Air France v Saks [1985] as “an unexpected or unusual event or happening that is external to the passenger”, also holding that “ …

What is the Montreal Convention 1999?

The Montreal Convention 1999 (MC99) establishes airline liability in the case of death or injury to passengers, as well as in cases of delay, damage or loss of baggage and cargo. It unifies all of the different international treaty regimes covering airline liability that had developed haphazardly since 1929.

Does the Montreal Convention apply to domestic flights?

Flights Governed by the Montreal Convention. International carriage is defined as any flight between two countries who have ratified the Convention, or any domestic flight that also stops at a point in another foreign state.

What is the main purpose of the Montreal Convention?

WHAT IS THE AIM OF THE CONVENTION AND OF THE DECISION? The convention aims to introduce uniform legal rules to govern air carrier liability in the event of damage caused to passengers, baggage or goods during international journeys. The decision concludes the convention on behalf of the European Community (now the EU).

What does the Montreal Convention cover?

The Montreal Convention (MC99) is a treaty signed in Montreal in 1999, hence the name. The Montreal Convention establishes passenger rights in case of delayed or lost luggage, flight delays and cancellations, as well as a number of injuries.

What is the meaning of Warsaw Convention?

Warsaw Convention — an international agreement setting limits of liability for freight, baggage, and bodily injury (BI) on international flights. Additionally, the agreement puts the responsibility on the air carrier to prove that it did not cause the loss to avoid reimbursement to the claimant.

How does the Montreal Convention work?

Montreal Convention and International Flights Disruptions The Montreal Convention sets rules of compensation for travel disruptions, whether they are flight delays, flight cancellations or boarding benials. It states that the airline is liable for damage caused by delay in the carriage of passengers.

Which countries signed the Montreal Convention?

Other states that have ratified include Argentina, Australia, Brazil, Canada, China, all member states of the European Union, India, Indonesia, Israel, Japan, South Korea, Malaysia, Mexico, New Zealand, Nepal Norway, Pakistan, Russia Saudi Arabia, Singapore, South Africa, Switzerland, Turkey, Ukraine, the United Arab …

Is China a signatory to the Montreal Convention?

Both China and the U.S. have ratified the Montreal Convention of 1999 (formally, the Convention for the Unification of Certain Rules for International Carriage by Air); Taiwan has not ratified it.

Who is responsible for CMR?

Regarding the obligation to issue the CMR document (international transport document), we specify that the consignment note (CMR) is drawn up by the sender and the carrier and provides proof, unless proved otherwise, of the terms of the contract and the receipt of the cargo by the carrier.

What does CMR insurance cover?

CMR Insurance is effectively a form of Goods in Transit Insurance which covers a carrier’s liabilities under the CMR Convention. Under the CMR Convention, the carrier by road is liable for loss or damage to goods being transported, or significant delay in delivering the goods.