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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The Philippines is a State Party to the Montreal Convention of 1999 (MC99), which governs international carriage by air. The Convention delineates the liabilities of the carrier and the extent of compensation for damage in specific instances. It applies to all international carriage of persons, baggage, or cargo performed by aircraft for reward and to gratuitous carriage by aircraft performed by an air transport undertaking.
International carriage is defined by the Convention as any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated either within the territories of two State Parties, or within the territory of a single State Party if there is an agreed stopping place within the territory of another State, even if that State is not a State Party.
What are the liabilities of the carrier under the Montreal Convention?
1. Death or Bodily Injury of a Passenger
The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
2. Destruction, loss, or damage to baggage
The carrier is liable for damage sustained 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.
If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of 21 days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.
3. Cargo
The carrier is liable for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage of air (period during which the cargo is in the charge of the carrier).
However, the carrier is not liable if and to the extent it proves that the destruction or loss of, or damage to, the cargo resulted from one or more of the following:
- Inherent defect, quality or vice of that cargo
- Defective packing of that cargo performed by a person other than the carrier or its servants or agents
- An act of war or an armed conflict
- An act of public authority carried out in connection with the entry, exit, or transit of the cargo.
4. Delay
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that:
- The carrier and its servants and agents took all measures that could reasonably be required to avoid the damage
- It was impossible for the carrier or its servants and agents to take such measures
May the carrier be exonerated from liabilities?
Yes. If the carrier proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights, the carrier shall be wholly or partly exonerated from its liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage.
On the other hand, when by reason of death or injury of a passenger compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent that it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of that passenger.
What is the extent of compensation under the Montreal Convention?
The limits of liability prescribed in the Montreal Convention are subject to review at five-year intervals. In 2024, the liability limits for death, injury, delays, and damages to baggage and cargo were increased:
a. The carrier shall not be able to exclude or limit its liability for damages sustained in case of death or bodily injury of a passenger not exceeding 151,880 Special Drawing Rights (SDRs)
However, the carrier shall not be liable for damages to the extent that they exceed for each passenger 151,880 SDRs if it proves that: (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.
b. In case of damage caused by delay in the carriage of persons, the liability of the carrier for each passenger is limited to 6,303 SDRs.
c. In the carriage of baggage, the liability of the carrier in case of destruction, loss, damage, or delay is limited to 1,519 SDRs for each passenger.
If the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires, the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater that the passenger’s actual interest in delivery at destination.
d. In the carriage of cargo, the liability of the carrier in case of destruction, loss, damage, or delay is limited to a sum of 26 SDRs per kilogram.
If the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires, the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor’s actual interest in delivery at destination.
RELATED ARTICLES:
- Liability of common carrier for death or injury to passenger
- Liability of Carriers for Baggage in Possession of Passengers
- What is the Liability of Carriers for the Checked-In Baggage of Passengers?
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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