Montreal Convention
Encyclopedia
The Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage by Air, is a treaty adopted by a Diplomatic meeting of ICAO member states in 1999. It amended important provisions of the Warsaw Convention
's regime concerning compensation for the victims of air disasters. The Convention re-establishes urgently needed uniformity and predictability of rules relating to the international carriage of passenger
s, baggage and cargo
. Whilst maintaining the core provisions which have successfully served the international air transport community for several decades (i.e. the Warsaw regime), the new convention achieves the required modernisation in a number of key areas. It protects passengers by introducing a two-tier liability system and by facilitating the swift recovery of proven damages without the need for lengthy litigation.
(SDR) (Updated from 100,000 on December 31 2009), a mix of currency values established by the International Monetary Fund
(IMF), approximately $138,000 per passenger at the time of its ratification by the United States in 2003 (as of June 2009, around $154,800). Where damages of more than 113,100 SDR are sought, the airline may avoid liability by proving that the accident which caused the injury or death was not due to their negligence or was attributable to the negligence of a third party. This defence is not available where damages of less than 113,100 SDR are sought. The Convention also amended the jurisdictional provisions of Warsaw and now allows the victim or their families to sue foreign carriers where they maintain their principal residence, and requires all air carriers to carry liability
insurance
.
The Montreal Convention changes and generally increases the maximum liability of airlines for lost baggage to a fixed amount 1131 SDR (the amount in the Warsaw Convention is based on weight of the baggage).
Montreal Convention was brought about mainly to amend liabilities to be paid to families for death or injury whilst on board an aircraft.
Warsaw Convention
The Warsaw Convention is an international convention which regulates liability for international carriage of persons, luggage or goods performed by aircraft for reward....
's regime concerning compensation for the victims of air disasters. The Convention re-establishes urgently needed uniformity and predictability of rules relating to the international carriage of passenger
Passenger
A passenger is a term broadly used to describe any person who travels in a vehicle, but bears little or no responsibility for the tasks required for that vehicle to arrive at its destination....
s, baggage and cargo
Cargo
Cargo is goods or produce transported, generally for commercial gain, by ship, aircraft, train, van or truck. In modern times, containers are used in most intermodal long-haul cargo transport.-Marine:...
. Whilst maintaining the core provisions which have successfully served the international air transport community for several decades (i.e. the Warsaw regime), the new convention achieves the required modernisation in a number of key areas. It protects passengers by introducing a two-tier liability system and by facilitating the swift recovery of proven damages without the need for lengthy litigation.
Damages
Under the Montreal Convention, air carriers are strictly liable for proven damages up to 113,100 Special Drawing RightsSpecial Drawing Rights
Special Drawing Rights are supplementary foreign exchange reserve assets defined and maintained by the International Monetary Fund . Not a currency, SDRs instead represent a claim to currency held by IMF member countries for which they may be exchanged...
(SDR) (Updated from 100,000 on December 31 2009), a mix of currency values established by the International Monetary Fund
International Monetary Fund
The International Monetary Fund is an organization of 187 countries, working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world...
(IMF), approximately $138,000 per passenger at the time of its ratification by the United States in 2003 (as of June 2009, around $154,800). Where damages of more than 113,100 SDR are sought, the airline may avoid liability by proving that the accident which caused the injury or death was not due to their negligence or was attributable to the negligence of a third party. This defence is not available where damages of less than 113,100 SDR are sought. The Convention also amended the jurisdictional provisions of Warsaw and now allows the victim or their families to sue foreign carriers where they maintain their principal residence, and requires all air carriers to carry liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
.
The Montreal Convention changes and generally increases the maximum liability of airlines for lost baggage to a fixed amount 1131 SDR (the amount in the Warsaw Convention is based on weight of the baggage).
Montreal Convention was brought about mainly to amend liabilities to be paid to families for death or injury whilst on board an aircraft.