|Signed||28 May 1999|
|Location||Montreal, Quebec, Canada|
|Effective||4 November 2003|
|Parties||137 (136 states + EU)|
|Depositary||International Civil Aviation Organization|
|Languages||English, Arabic, Chinese, French, Russian and Spanish|
The Montreal Convention (formally, the Convention for the Unification of Certain Rules for International Carriage by Air) is a multilateral 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 attempts to re-establish uniformity and predictability of rules relating to the international carriage of passengers, baggage and cargo. Whilst maintaining the core provisions which have served the international air transport community for several decades (i.e., the Warsaw regime), the new treaty achieves modernization in a number of key areas. It protects passengers by introducing a two-tier liability system that eliminates the previous requirement of proving willful neglect by the air carrier to obtain more than US$75,000 in damages, which should eliminate or reduce protracted litigation.
Under the Montreal Convention, air carriers are strictly liable for proven damages up to 128,821.00 special drawing rights (SDR), a mix of currency values established by the International Monetary Fund (IMF) equal to roughly US$175,000.Where damages of more than 128,821.00 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 solely to the negligence of a third party. This defense is not available where damages of less than 128,821.00 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 was brought about mainly to amend liabilities to be paid to families for death or injury whilst on board an aircraft.
The Convention does not recognize compensation for psychiatric injury or damage unless linked to physical injury. [ dubious ] Purely psychiatric injury is not eligible for compensation which has been criticised by people injured in plane accidents, legal experts and their families.Article 17 of the Convention refers to "bodily injury" in setting out the liability of the carrier for accidents.
Australia changed its law so as to fit with the Montreal Convention including in some of the following ways
Independent Australian senator Nick Xenophon will introduce a private member's bill into the Australian Parliament in May 2015 which will seek to protect the rights of plane crash survivors to be compensated for psychological trauma.
Leading Australian current affairs TV show 4 Corners on the government owned broadcaster ABC,broadcast a program focusing on the unfairness and injustice of excluding psychiatric injury on March 23, 2015 featuring Karen Casey, a nurse injured when the medical evacuation flight she was nursing on crashed in the waters off Norfolk Island.
The Montreal Convention changes and generally increases the maximum liability of airlines for lost baggage to a fixed amount 1,131 SDR per passenger (the amount in the Warsaw Convention is based on weight of the baggage). It requires airlines to fully compensate travelers the cost of replacement items purchased until the baggage is delivered, to a maximum of 1,131 SDR. At 21 days any delayed baggage is considered lost, until the airline finds and delivers it.
The limitation of compensation for damage to baggage to 1,131 SDRs means that the value of damaged mobility equipment may often significantly exceed available compensation under the Montreal Convention, while the effect of the loss, even temporarily, of mobility equipment places disabled passengers at a substantially increased disadvantage in comparison to other passengers suffering damaged baggage. While for non-disabled people the major issue is the loss of hold baggage, for disabled people the problem tends to be physical damage to wheelchairs and other durable medical equipment due to inappropriate stowage in the hold. Even a basic individually-fitted wheelchair may cost twice the available compensation, with a three-month lead time for replacement. There have been further problems with airlines being reluctant to recognise that cheap mass-market wheelchairs may be unsuitable as even a temporary replacement due to the common need for customised seating solutions among long-term wheelchair users.
The EU in "Communication on the scope of the liability of air carriers and airports in the event of destroyed, damaged or lost mobility equipment of passengers with reduced mobility when traveling by air"notes this disadvantage in relation to EC 1107/2006 "rights of disabled persons and persons with reduced mobility when traveling by air".
The EU report notes that the United States under the Air Carrier Access Act and Canada under Part VII of the Air Transport Regulations have taken action to force airlines to fully cover the costs of damage to mobility equipment as a condition of allowing an airline to operate in their airspace, and notes that the EU may have to take similar steps if the additional duties imposed on airlines by EC 1107/2006 do not resolve the issue.
As September 2018, there are 133 parties to the Convention. Included in this total is 132 of the 191 ICAO Member States plus the European Union. The states that have ratified represent 131 UN member states plus the Cook Islands. 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 Emirates, and the United States.
|Member state||Date of entry into force||Notes|
|Afghanistan||-||Warsaw Convention & Hague Protocol|
|Albania||19 December 2004|
|Algeria||-||Warsaw Convention & Hague Protocol|
|Andorra||28 June 2004|
|Angola||-||Warsaw Convention & Hague Protocol|
|Antigua and Barbuda||-||None International Protocol|
|Argentina||14 February 2010|
|Armenia||15 June 2010|
|Australia||24 January 2009|
|Austria||28 June 2004|
|Azerbaijan||11 April 2015|
|Bahamas||Signed. Not ratified|
|Bahrain||4 November 2003|
|Bangladesh||Signed. Not ratified|
|Barbados||4 November 2003|
|Belarus||-||Warsaw Convention & Hague Protocol|
|Belgium||28 June 2004|
|Belize||4 November 2003|
|Benin||29 May 2004|
|Bhutan||-||None International Protocol|
|Bolivia (Plurinational State of)||5 July 2015|
|Bosnia and Herzegovina||8 May 2007|
|Botswana||4 November 2003|
|Brazil||18 July 2006|
|Brunei Darussalam||17 May 2020|
|Bulgaria||9 January 2004|
|Burkina Faso||25 August 2013|
|Burundi||-||None International Protocol|
|Cabo Verde||22 October 2004|
|Cambodia||Signed. Not ratified|
|Cameroon||4 November 2003|
|Canada||4 November 2003|
|Central African Republic||Signed. Not ratified|
|Chad||10 September 2017|
|Chile||18 May 2009|
|China||31 July 2005|
|Colombia||4 November 2003|
|Congo||17 February 2012|
|Costa Rica||8 August 2011|
|Côte d'Ivoire||5 April 2015|
|Croatia||23 March 2008|
|Cuba||13 December 2005|
|Cyprus||4 November 2003|
|Czech Republic||4 November 2003|
|North Korea||-||Warsaw Convention & Hague Protocol|
|Democratic Republic of the Congo||19 September 2014|
|Denmark||28 June 2004|
|Djibouti||-||None International Protocol|
|Dominica||-||Warsaw Convention & Hague Protocol|
|Dominican Republic||20 November 2007|
|Ecuador||26 August 2006|
|Egypt||25 April 2005|
|El Salvador||6 January 2008|
|Equatorial Guinea||17 November 2015|
|Eritrea||-||None International Protocol|
|Estonia||4 November 2003|
|Ethiopia||22 June 2014|
|Fiji||9 January 2016|
|Finland||28 June 2004|
|France||28 June 2004|
|Gabon||5 April 2014|
|Gambia||9 May 2004|
|Georgia||18 February 2011|
|Germany||28 June 2004|
|Ghana||3 August 2018|
|Greece||4 November 2003|
|Guatemala||6 August 2016|
|Guinea||-||Warsaw Convention & Hague Protocol|
|Guinea-Bissau||-||None International Protocol|
|Guyana||21 February 2015|
|Haiti||-||None International Protocol|
|Honduras||16 January 2016|
|Hungary||7 January 2005|
|Iceland||16 August 2004|
|India||30 June 2009|
|Indonesia||19 May 2017|
|Iran (Islamic Republic of)||-||Warsaw Convention & Hague Protocol|
|Iraq||-||Warsaw Convention & Hague Protocol|
|Ireland||28 June 2004|
|Israel||20 March 2011|
|Italy||28 June 2004|
|Jamaica||5 September 2009|
|Japan||4 November 2003|
|Jordan||4 November 2003|
|Kazakhstan||31 August 2015|
|Kenya||4 November 2003|
|Kiribati||-||None International Protocol|
|Kuwait||4 November 2003|
|Kyrgyzstan||-||Warsaw Convention & Hague Protocol|
|Lao People's Democratic Republic||-||Warsaw Convention & Hague Protocol|
|Latvia||15 February 2005|
|Lebanon||14 May 2005|
|Lesotho||-||Warsaw Convention & Hague Protocol|
|Libya||-||Warsaw Convention & Hague Protocol|
|Liechtenstein||28 June 2004|
|Lithuania||29 January 2005|
|Luxembourg||28 June 2004|
|Madagascar||26 February 2007|
|Malawi||-||Warsaw Convention & Hague Protocol|
|Malaysia||29 February 2008|
|Maldives||30 December 2005|
|Mali||16 March 2008|
|Malta||4 July 2004|
|Marshall Islands||-||None International Protocol|
|Mauritius||3 April 2017|
|Mexico||4 November 2003|
|Micronesia (Federated States of)||-||None International Protocol|
|Monaco||17 October 2004|
|Mongolia||4 December 2004|
|Montenegro||16 March 2010|
|Morocco||14 June 2010|
|Mozambique||28 March 2014|
|Namibia||4 November 2003|
|Nauru||-||Warsaw Convention & Hague Protocol|
|Nepal||15 December 2018|
|Netherlands||28 June 2004|
|New Zealand||4 November 2003|
|Nicaragua||-||None International Protocol|
|Niger||1 April 2018|
|Nigeria||4 November 2003|
|Norway||28 June 2004|
|Oman||27 July 2007|
|Pakistan||17 February 2007|
|Palau||-||None International Protocol|
|Panama||4 November 2003|
|Papua New Guinea||-||Warsaw Convention & Hague Protocol|
|Paraguay||4 November 2003|
|Peru||4 November 2003|
|Philippines||18 December 2015|
|Poland||18 March 2006|
|Portugal||4 November 2003|
|Qatar||14 November 2005|
|South Korea||29 December 2007|
|Republic of Moldova||16 May 2009|
|Romania||4 November 2003|
|Russian Federation||21 August 2017|
|Rwanda||19 December 2015|
|Saint Kitts and Nevis||-||None International Protocol|
|Saint Lucia||-||None International Protocol|
|Saint Vincent and the Grenadines||28 May 2004|
|Samoa||-||Warsaw Convention & Hague Protocol|
|San Marino||-||None International Protocol|
|Sao Tome and Principe||-||None International Protocol|
|Saudi Arabia||14 December 2003|
|Senegal||6 November 2016|
|Serbia||4 April 2010|
|Seychelles||12 November 2010|
|Sierra Leone||24 January 2016|
|Singapore||16 November 2007|
|Slovakia||4 November 2003|
|Slovenia||4 November 2003|
|Solomon Islands||-||Warsaw Convention & Hague Protocol|
|Somalia||-||None International Protocol|
|South Africa||21 January 2007|
|South Sudan||-||None International Protocol|
|Spain||28 June 2004|
|Sri Lanka||18 January 2019|
|Sudan||17 October 2017|
|Suriname||-||Warsaw Convention & Hague Protocol|
|Swaziland||22 January 2017|
|Sweden||28 June 2004|
|Switzerland||5 September 2005|
|Syrian Arab Republic||4 November 2003|
|Tajikistan||-||None International Protocol|
|Thailand||2 October 2017|
|The former Yugoslav Republic of Macedonia||4 November 2003|
|Timor-Leste||-||None International Protocol|
|Togo||26 November 2016|
|Tonga||19 January 2004|
|Trinidad and Tobago||-||Warsaw Convention & Hague Protocol|
|Tunisia||20 November 2018|
|Turkey||26 March 2011|
|Tuvalu||-||None International Protocol|
|Uganda||27 January 2018|
|Ukraine||5 May 2009|
|United Arab Emirates||4 November 2003|
|United Kingdom of Great Britain and Northern Ireland||28 June 2004|
|United Republic of Tanzania||4 November 2003|
|United States of America||4 November 2003|
|Uruguay||4 April 2008|
|Uzbekistan||-||Warsaw Convention & Hague Protocol|
|Vanuatu||8 January 2006|
|Venezuela (Bolivarian Republic of)||-||Warsaw Convention & Hague Protocol|
|Viet Nam||26 November 2018|
|Yemen||-||Warsaw Convention & Hague Protocol|
|Zambia||Signed. Not ratified|
|Zimbabwe||-||Warsaw Convention & Hague Protocol|
The Convention for the Unification of certain rules relating to international carriage by air, commonly known as the Warsaw Convention, is an international convention which regulates liability for international carriage of persons, luggage, or goods performed by aircraft for reward.
Lost luggage is luggage conveyed by a public carrier such as an airline, seafaring cruise ship, shipping company, or railway which fails to arrive at the correct destination with the passenger. In the United States, an average of 1 in 150 people have their checked baggage misdirected or left behind each year.
Protection and indemnity insurance, more commonly known as P&I insurance, is a form of mutual maritime insurance provided by a P&I club. Whereas a marine insurance company provides "hull and machinery" cover for shipowners, and cargo cover for cargo owners, a P&I club provides cover for open-ended risks that traditional insurers are reluctant to insure. Typical P&I cover includes: a carrier's third-party risks for damage caused to cargo during carriage; war risks; and risks of environmental damage such as oil spills and pollution. In the UK, both traditional underwriters and P&I clubs are subject to the Marine Insurance Act 1906.
Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also fall under aviation law. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Nations.
A skycap is a porter employed at an airport and provides the following services to airline passengers:
Bag tags, also known as baggage tags, baggage checks or luggage tickets, have traditionally been used by bus, train, and airline carriers to route checked luggage to its final destination. The passenger stub is typically handed to the passenger or attached to the ticket envelope:
Point-to-point transit is a transportation system in which a plane, bus, or train travels directly to a destination, rather than going through a central hub. This differs from the spoke-hub distribution paradigm in which the transportation goes to a central location where passengers change to another train, bus, or plane to reach their destination.
The Flight Compensation Regulation is a regulation in EU law establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays of flights. It requires compensation of €250 to €600 depending on the flight distance for delays over of at least 2 hours, cancellations, or being denied boarding from overbooking. Delays shorter than two hours means no entitlement to any compensation of any kind even if the delay was classified as non-extraordinary. Airlines must provide refreshments and accommodation where appropriate. The Court of Justice of the European Union has interpreted passenger rights strictly, so that there are virtually no exceptions for airlines to evade their obligations for breach of contract.
Aviation insurance is insurance coverage geared specifically to the operation of aircraft and the risks involved in aviation. Aviation insurance policies are distinctly different from those for other areas of transportation and tend to incorporate aviation terminology, as well as terminology, limits and clauses specific to aviation insurance.
The Convention on International Liability for Damage Caused by Space Objects, also known as the Space Liability Convention, is a treaty from 1972 that expands on the liability rules created in the Outer Space Treaty of 1967. In 1978, the crash of the nuclear-powered Soviet satellite Kosmos 954 in Canadian territory led to the only claim filed under the Convention.
The Hague–Visby Rules is a set of international rules for the international carriage of goods by sea. They are a slightly updated version of the original Hague Rules which were drafted in Brussels in 1924.
CIV or International Convention for the transportation of Passengers in rail transport refers to a set of uniform rules shared by European railway operators, to cover international journeys.
The Royal Commission on Civil Liability and Compensation for Personal Injury, better known as the Pearson commission was a United Kingdom royal commission, established in 1973 under the chairmanship of Lord Pearson. The commission reported in 1978 and made radical recommendations for tort reform, Pearson believing that tort's traditional role of compensation had become outdated with the rise of the welfare state since the end of World War II. He saw the benefits system as having the primary role of providing compensation and security following an accident, and litigation as being secondary. As a result, the commission recommended a no-fault insurance scheme for road traffic and industrial accidents, similar to the subsequent New Zealand Accident Compensation Corporation, and a scheme of strict liability for consumer protection. However, the government's response was cool and the recommendations were not followed up, much to Pearson's disappointment.
The International Convention on Civil Liability for Oil Pollution Damage, 1969, renewed in 1992 and often referred to as the CLC Convention, is an international maritime treaty admistered by the International Maritime Organization that was adopted to ensure that adequate compensation would be available where oil pollution damage was caused by maritime casualties involving oil tankers.
The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, often referred to as FUND92 or FUND, is an international maritime treaty, administered by the International Maritime Organization. The original FUND convention in 1969 was drawn up as an enhancement to CLC meant on one hand to relieve shipowners from unfair liabilities due to unforeseeable circumstances and on the other hand remove liability caps that some member states thought were too low. The fund is obliged to pay victims of pollution when damages exceed the shipowner's liability, when there is no liable shipowner, or when the shipowner is unable to pay its liability. The fund is also required to "indemnify the shipowner or his insurer" in spills where a ship is in full compliance with international conventions, and no wilful misconduct caused the spill.
The European Union Persons with Reduced Mobility (PRM) legislation is intended to ensure that Persons with Reduced Mobility traveling via public transport, whether by air, land or sea, should have equal access to travel as compared to travelers with unrestricted mobility. Travel providers are compelled to provide and install sufficient access facilities to enable Passenger with Reduced Mobility to enjoy similar access to other passengers.
The HNS Convention is an international convention created in 1996 to compensate for damages caused by spillage of hazardous and noxious substances during maritime transportation. The convention is officially known as the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996. The convention has not entered into force due to signatory states not meeting the ratification requirements. Canada, France, Germany, Greece, the Netherlands, Norway, and Turkey signed the 2010 protocol to the convention.
The Hague Protocol, officially the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, is a treaty signed on September 28, 1955, in The Hague. It serves to amend the Warsaw Convention. While officially the Hague Protocol is intended to become a single entity with the Warsaw Convention, it has only been ratified by 137 of the original 152 parties to the Warsaw Convention. The binding version of the treaty is written in French, but certified versions also exist in English and Spanish. The official depository of the treaty is the Government of Poland.
There are no worldwide uniform standards regulating the provision of assistance for airline passengers with disabilities. American regulations place the responsibility on the airlines, the European Union's rules make the airport responsible for providing the assistance, whereas in South America there are no regulations at all. The International Air Transport Association (IATA) is concerned about the difficulties caused by inconsistent regulations.