MONTREAL CONVENTION

Applicable to member State non-member State will not apply

1. Meaning of International Transportation by air
a. Departure and destination are State parties
b. Departure and Destination same member country with stop-over in
another member country.
EXCLUDED INTERNATIONAL CARRIAGE UNDER THE SENATE RESOLUTON
NO.95 dated August 10,2015:
1. Operated by Philippines for non-commercial purpose in its SOVERIEGN
CAPACITY
2. Carriage for military authorities when whole capacity is reserved for such
purpose.

Cargoes and Checked baggage- when in the charge of the carrier- DURATION

1. Presumed Air Transportation: Damage was caused in the process of loading,

delivery or transshipment
2. Passenger – on board embarking, disembarking, delay

 CARRIAGE OF PASSENGERS
a. Death or bodily injury must be caused by ACCIDENT
b. Liability for delay in the transportation (Article 19 MC)
RULE: INJURY
It is enough that the passenger prove that the damage or injury was due to an
UNSUAL or UNEXPECTED EVENT EXTERNAL TO THE PASSENGER.
*It cannot be due to the passenger’s own internal reaction to the usual normal and
expected operation of the aircraft.
1.01. LIMIT OF LIABILITY FOR PASSENGER

Strict Liability- Not exceeding 128,821 SDR (as of December 2019- originally 100,
000SDR)
Not necessary to prove that the carrier is negligent.

If more than 128, 821 SDR the carrier may prove that it was not negligent or at fault
or such damage is solely attributable to the negligent or fault of third person.

1.02.IF THE CLAIMS EXCEEDS 128,821 SDR, the following defenses are available:

a. Carrier, its servants and agents are not negligence, wrongful act or omission.
b. Damage solely caused by third party.
CHECK BAGGAGE-
1. LIMIT- 1,288 SDR PER PASSENGER
2. Defenses- damage cause by:
a. Inherent defect of the baggage.
b. Quality of the baggage; or
c. Vice of the baggage.
d. Plaintiff’s fault
EXCEPTION TO LIMIT OF LIABILITY:
a. Declaration of a higher amount.
 b. Intentional or reckless act.
Note: if the intentional act is by servant or agent, it must be within the SCOPE OF
EMPLOYMENT.
WARSAW CONVENTION
THE LIMT OF LIABILTY NOT APPLICABLE UNDER THE WARSAW CONVENTION
1. No ticket
2. No baggage Check
3. Defect in the ticket and airwaybill
All these are not defense under Montreal convention
DELAY
1. LIMIT OF LIABILITY: 5,346 SDR (not strict liability)
2. DEFENSE: Carrier, its servant or agents took all measure that could be
reasonably required to prevent damage or impossibility to take measures
DAMAGES
EXEMPLARY DAMAGES AND NON-COMPENSATORY DAMAGES IS NOT
RECOVERABLE.
Non-compensatory damages includes MORAL DAMAGES- not recoverable
Even if allege tort- because the applicable is the Montreal Convention.
JURISDICTION
a. Flight: London to Paris
British Airways was incorporated and with principal in London;
Ticket was issued in Rome;
Passenger is a citizen and resident of Manila
QUESTION: Can the case be filed in Manila? (Lluillier v. British Airways, March
2015)

RULE: Case should be filed either in:

a. Carrier’s Domicile
b. Principal Place of Business
c. Where the carrier has establishment where the contract was made;
d. Place of Destination
ADDITIONAL VENUE FOR DEATH OR INJURY TO PASSENGER:
-Principal and permanent residence where the carrier operates or conducts business
directly or through another aircraft under a commercial Agreement.

EXCLISIVITY:
QUESTION: There allegedly TORT because stewardess allegedly did not help the
passenger and she was singled out.
Will your answer is the same even with allegation of willfull acts and bad faith.
(Lhuillier v. British Airways, March 15, 2010)
WARSAW CONVENTIONRULES:
1. Warsaw convention does not operate as an exclusive enumeration of the
airlines liability
2. The Warsaw Convention deems to limit liability only in cases where the cause
of death or injury to persons or destruction, loss or damage to property or
delay is NOT attributable to the carrier or NOT attended by WILLFUL
CONDUCT, BAD FAITH OR RECLESSNESS
Northwest Airlines Inc., v. CA January 20, 1998)

PRESCRIPTIVE PERIOD
Prescriptive Period -2 years.
Reckoned from the date of arrival at the destination, or from the date on which the
carriage stopped.
DISTINGUISH BETWEEN: (1) Damages to passenger baggage- 2 YEARS and
(2) Humiliation at the hands of airline employee- FOUR YEARS (United Airline v. Uy,
(November 19,1999)
Note: Despite assurances of PAL that SA already confirmed the tickets, the tickets
were not actually indorsed; this happened before the scheduled flight; not merely
incidental delay (PAL vs. Judge Savillo July 2008)
NOTICE OF CLAIM- MANDATORY failure to file notice of claim will cause the
dismissal
1. 7days from receipt of the checked baggage
2. 14 days from deliver in case of cargo.
3. In case of delay- 21 days after the baggage was place at the disposal of the
passenger
4. COMPLAINT or NOTICE of claim is CONDITION PRECEDENT (Federal
Express v. American Home Assurance Aug. 18, 2004)
SUCESSIVE CARRIER RULE
1. SINGLE OPERATION RULE- undivided carriage
2. PASSENGER- The first carrier may assume liability by EXPRESS
AGREEMENT
3. BAGGAGE OR DCARGO
Passenger and consignor- against first carrier and carrier at fault
Passenger and consignee- against last carrier and carrier at fault
OTHER FORMS OF BREACH
1. Upgrading- (Cathay Pacific Airways v. Spouses Vasquez, March 14, 2003)
Business class to First Class- cannot be compel to transfer to first class there
is contravention of the tenor of the contract.

2. Denied Boarding