Montreal Convention

The Convention for the Unification of Certain Rules for International Carriage by Air Traffic, in short: the Montreal Convention (abbreviated MT ) governs liability issues in international civil aviation, ie both questions of freight transport and passenger transport issues. The Montreal Convention was signed on 28 May 1999. The core of this agreement is to modernize the legal requirements for an air transport. It 's all about the liability of the contracting carrier for damage incurred during a flight to persons, baggage or cargo. The Montreal Convention is in Germany and Austria, and in Switzerland since 2005 in force since 2004. It solved the force since 1929 Warsaw Convention on International Carriage by air transport (see also section Scope ).

The Montreal Convention is drawn up in Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. This means that the German translation is not an authentic version of the contract.

Scope

The Agreement applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft, when executed by an air carrier. (Article 1, paragraph 1)

Note: Since not all countries of the world parties to the Montreal Convention ( MT ), is to be proved in each case, whether still on the physical handling the old Warsaw Convention (WA) from 1929/1955, the Guadalajara Supplementary Convention to the Warsaw Convention ( ZAG) or one of the other international treaties on the physical handling applies. The ratio of MT to such agreements regulates Article 55 MT. The International Civil Aviation Organization (ICAO ), the current state of the members of each international air transport agreements can be requested.

Personal injury

A strict liability exists (Note: Raising the liability cap from 100,000 to 113,100 SDRs in 2009 under Article 24 MT ) Up to a maximum of 113,100 Special Drawing Rights per passenger. There is an unlimited liability of the Carrier for presumed fault for further damages. The Carrier may of unlimited liability only escape if he can prove that his conduct did not contribute to the occurrence of damage (Article 17, paragraph 1 and Article 21 MT ).

Losses due to delay

  • The carrier of suspected fault is liable for damage occasioned by delay in the carriage of persons up to a maximum of 4,694 Special Drawing Rights per passenger (Article 19 and Article 22, paragraph 1 MT ) (Note: Increase the maximum liability limit of 4,150 to 4,694 SDRs in 2009 under Article 24 MT ).
  • In the carriage of baggage, the Carrier ( MT Article 19 and Article 22, paragraph 2 ) (: raising the liability cap from 1,000 to 1,131 SDRs in 2009 under Article 24 MT Note ) shall be liable for a delay of up to an amount of SDR 1131.
  • The limitations set forth in Article 22 Paragraph 1 or Paragraph 2 MT omitted if the injured party can prove that the damage was caused by intent or recklessness of the Carrier (Article 22, Section 5 MT ). To escape liability under Article 22 Paragraph 1 or Paragraph 2 MT, the Carrier shall demonstrate that it took all reasonable measures to avoid or delay that it was not possible for him to take such measures.
  • The maximum limit of liability delay the transport of goods is according to Articles 19 and 22 paragraph 3 MT now 19 SDRs per kilogram of total weight of the directly affected cargo (Note: Raising the liability cap from 17 to 19 SDRs in 2009 under Article 24 MT ).

Damage to property

  • The maximum limit of liability for destruction, loss or damage to baggage, 1,131 SDRs per passenger (Art. 17, para 2-4 and Article 22, paragraph 2 MT ) (Note: Increase the maximum liability limit of 1,000 to 1,131 SDRs in 2009 under Article 24 MT ). The air carrier is liable for destruction, loss or damage to checked baggage, regardless of fault (unless the damage is due to the nature of the luggage or an inherent deficiency). The liability limits for baggage does not apply if the passenger can prove that the damage was caused by intent or negligence of the Carrier.
  • The maximum limit of liability for destruction, loss, damage and delay the transport of goods is in accordance with Article 18 and Article 22, paragraph 3 MT now 19 SDRs per kilogram of total weight of the directly affected cargo (Note: Raising the liability cap from 17 to 19 SDRs in 2009 under Article 24 MT ).

Special

  • Total or partial exemption from liability is possible if the Carrier proves that the person claiming the compensation claim, or its predecessor the damage caused by a wrongful act or omission, even if only negligence caused or contributed to, and that act or omission the damage caused or contributed to (Art. 20 MT ).
  • The liability limit of 19 SDR / kg applies to air transport of goods even in intent and recklessness / Coarse fault of the tortfeasor or his people [Note: unlike the other international agreements on cross -border transport of goods: CMR for international road freight transport, CMNI for international transport by inland vessels and COTIF for international transportation on railways ]. However, the maximum liability of the MT are lifted by agreement between the parties (Art. 25 MT ).
  • In contrast to other existing international transport agreements (see above) the limits of liability may be adjusted at the MT, without having to negotiate the same throughout the new contract (Art. 24 MT ). The last adjustment was made in 2009.
Regulation 261/2004 Bundesrat of Germany
581144
de