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Regulation of air transport in the international private sector. International air transport

23. Transport operations in air transport, their legal regulation and international agreements.

Air transportation of goods, passengers and baggage in private international law is regulated by the norms of both national legislation and international treaties.

The most important international agreement in the field of air transportation of goods, passengers and luggage is the Warsaw Convention of 1929 for the unification of certain rules for international air transportation. In 1955 it was supplemented by the Hague Protocol. Currently, the Convention has acquired a truly universal character, and the number of its parties is about 130 states. The USSR acceded to both the 1929 Warsaw Convention and the 1955 Hague Protocol in 1934 and 1954, respectively. Russia is a party to them as a result of international succession.

Subsequently, new documents were adopted that amended the Warsaw Convention of 1929. This applies, first of all, to the Guatemala Protocol of 1971, which increased the limit of liability of the air carrier for damage caused to the life and health of a passenger, and, in addition, introduced the principle of objective liability of the carrier regardless of his fault.

So, the complex of international documents regulating the air transportation of goods, passengers and baggage in interstate traffic looks like this:

documents of the Warsaw system, which include:

Warsaw Convention 1929;

Hague Protocol 1955;

Guatemala Protocol 1971;

Montreal Protocols 1975;

Guadalajara Convention 1961;

Montreal Agreement 1966;

Malta Agreement 1974;

ICAO Montreal Convention 1999

The Warsaw Convention of 1929, as amended by the Hague Protocol of 1955, applies to any international carriage of goods, passengers and luggage carried out for a fee by aircraft. It also applies to free transportation if it is carried out by an airline using an aircraft. International transportation in the sense of this Convention is any transportation in which the place of departure and destination, regardless of whether there is a break in transportation or overload, are located either on the territory of two states party to the Convention or on the territory of the same state party, if the stop is provided on the territory of another state, even if this state is not party to the Convention. Transport without such a stop between two points located in the territory of the same Member State is not considered international. Transportation to be carried out by several successive air carriers is considered to constitute a single transportation if it was considered as one operation, regardless of whether it was concluded in the form of a single contract of carriage or a series of contracts. And such transportation does not lose its international character solely due to the fact that one or more contracts must be performed entirely on the territory of the same state.

The Convention applies to all qualified international transport operations, whether carried out by state-owned airlines or other public entities. legal entities or private airlines. The Convention does not apply to the carriage of postal correspondence and postal parcels.

International air transportation is carried out on the basis of transportation documents, which are transport documents and confirm the conclusion of an air transportation agreement. Such transport documents are:

In a contract for the carriage of goods by air - an air waybill. According to the terminology of the Convention, this is an air transportation document that has functions similar to those of a bill of lading. However, unlike a bill of lading, an air waybill is not a negotiable document and cannot be transferred by endorsement.

In a contract for air transportation of a passenger - an air ticket;

In the contract for air carriage of baggage - a baggage receipt.

Air cargo transportation. Each cargo carrier has the right to require the sender of the cargo to draw up and deliver to him an air transportation document (air waybill). Each consignor has the right to demand that the carrier accept this document. The air transportation document is drawn up by the sender in three original copies and handed over along with the goods. The first copy is marked “for the carrier”; it is signed by the sender. The second copy is marked “for the recipient”; it is signed by the sender and the carrier and must accompany the goods. The third copy is signed by the carrier and returned to the sender upon acceptance of the goods. The carrier must sign before loading the goods on board the aircraft. The signature of the carrier and sender may be replaced by the appropriate stamp. If, at the request of the sender, the carrier draws up an air transportation document, he is considered to be acting at the expense of the sender.

The air transportation document must contain:

Notification to the sender that if transportation is carried out in which the destination or stop is not in the country of departure, then the rules of the Warsaw Convention apply to such transportation and this Convention in most cases limits the liability of the carrier in the event of loss or damage to goods (Article 8) . The sender is responsible for the correctness of the information regarding the goods that he enters in the air transportation document. Such information includes data on the weight, size, quantity, volume of the goods, the condition of the goods and its packaging.

Air transportation of passengers. When transporting passengers, they must be issued a ticket containing:

Indication of the place of departure and destination;

If the place of departure and destination are in the territory of the same State Party to the Convention, and one or more intended stops are in the territory of any other State, an indication of at least one such stop;

A notice that if a passenger makes a trip in which the destination or stopover is not in the country of departure, then the rules of the Warsaw Convention apply to such carriage and this Convention in most cases limits the liability of the carrier in the event of death or personal injury to a person, and in case of loss or damage to luggage.

An air ticket is evidence of the conclusion of a contract for the carriage of a passenger and its terms.

The central place in the Warsaw Convention is given to the issues of limiting the liability of the air carrier for damage caused to the life and health of a passenger, as well as for damage resulting in loss or damage to baggage and cargo. The carrier is responsible for damage caused to the life and health of a passenger if the accident causing the damage occurred on board the aircraft or during boarding and disembarking operations. The carrier is responsible for damage caused in the event of destruction, loss or damage to checked baggage or cargo if the damage was caused during air transportation.

Carriage by air covers the period of time during which baggage or cargo is in the custody of the carrier, regardless of whether this takes place at the aerodrome, on board the aircraft or at any other place in the case of landing outside the aerodrome. The air transport time period does not include any land, sea or river transport carried out outside an aerodrome. However, if such carriage is carried out in pursuance of an air carriage contract for the purposes of loading, delivery or unloading, any damage shall be deemed to arise from a harmful event occurring during the air carriage.

Related information.

International air transport

The legal regime of the air transport environment is the scope of public law (national and international). All states have created special air traffic services (ATS) authorities. The basic principle of ATS is that only one controller controls the flight of an aircraft. The air transport environment is divided into the sovereign airspace of specific states and international airspace.

Flight information regions are established in international airspace. Within a flight information region, airspace is divided into controlled, advisory and restricted airspace (restrictive and restricted areas). At the interstate level, a global system for managing international air traffic has been created, the main role in which is assigned to the International Civil Aviation Organization (ICAO).

The main document regulating the use of international and national airspace is the Chicago Convention on International Civil Aviation of 1944. The Chicago Convention played an incomparable role in the development of international air law. The Convention established general rules activities of civil aviation during international communications; categories of international flights (scheduled and non-scheduled); defined the concept of international flights and air routes.

Regular flights aircraft, making international flights, are carried out along air routes, the passage of which is stipulated in bilateral and multilateral international agreements on air services.

The main purpose of the Chicago Convention is the legal regulation of international air services and commercial activities. The Convention enshrines a list of commercial freedoms of the air: basic, additional, and a ban on cabotage. 18 annexes have been adopted to the Chicago Convention. The International Civil Aviation Organization (ICAO) was created on the basis of the Convention. The ICAO Charter is part of the Convention. Currently, international aviation regulations are being developed within the framework of ICAO.

The legal basis for international air services are interstate agreements (universal, regional, bilateral): Pan American Convention on Commercial Aviation of 1928; Aircraft Enforcement Convention 1933; "Bermuda-type" agreements; 1944 Agreement on International Air Transport and International Air Transport; Geneva Convention on the International Recognition of Rights in Aircraft, 1948; Strasbourg standard design 1959; Agreement on open sky CSCE 1992 The safety of civil aviation is ensured primarily at the international legal level.

In this area, a large role belongs not only to international conventions, but also to international legal customs, judicial and arbitration practice, and national laws.

The Warsaw Convention of 1929 for the unification of certain rules for international air transport is the basis for the legal regulation of international air transport.

Agreements supplementing the Warsaw Convention: The Hague Protocol of 1955 (considered an integral part of the Warsaw Convention), the Guatemala Protocol of 1971 amending the Warsaw Convention, the Guadalajara Convention of 1961 for the Unification of Certain Rules Relating to International Carriage by Air (established the concept of “actual carrier"), Montreal Protocol 1975, Montreal Interim Airline Agreement 1966, Montreal Agreement 1999 for the unification of certain rules for international air transport.

The totality of the norms of these agreements as a whole constitute the Warsaw system for regulating international air transport. The International Air Transport Agency (IATA), a special non-governmental organization, an association of airlines of ICAO member states, is responsible for determining the specific conditions for international air transportation.

When carrying out air communications between states, problems arise related to legal status aircraft, carrier liability for damage to third parties, collision and salvage of aircraft. In order to eliminate conflicts of national law and create guarantees for the carrier and its creditors, several international agreements have been adopted.

The 1948 Geneva Convention concerning the International Recognition of Rights in Aircraft aims to ensure the rights of persons and organizations that provide credit for the acquisition of aircraft. The main content of the Convention is the rules on the recognition of liens on aircraft, on the procedure for the sale of an aircraft in pursuance of a court decision to satisfy the rights of the creditor.

The 1933 Convention for the Unification of Rules on Aircraft Enforcement Measures includes among such measures decisions of a court or government authority allowing the detention of an aircraft if the decision to apply such measures is not made in the general legal procedure. Such measures should not apply to aircraft used exclusively on public service on scheduled routes, or to aircraft ready to take off carrying passengers and cargo.

The 1952 Rome Convention on Compensation for Damage Caused by Foreign Aircraft to Third Parties on the Surface of the Earth determines that liability arises regardless of the fault of the owner of the aircraft. Cases of exemption from liability: damage caused as a consequence of an armed conflict or civil unrest; the owner of the aircraft could not use it on the basis of an act of public authority; the presence of the victim's guilt.

The shipowner's liability limit is limited to a maximum, the amount of which depends on the weight of the ship. The Convention provides for the provision of liability security to the aircraft owner, which must take the form of liability insurance, a bank guarantee or a deposit of an appropriate amount. The Convention also sets out detailed rules on the procedure for filing claims and enforcing court decisions.

The Warsaw Convention of 1929 is the primary international legal source of the law of international air transportation. The Convention defines international air transportation as transportation in which at least one of the landing points is located on the territory of another state. Scope of application of the Warsaw Convention: transportation of goods, passengers, luggage, combined transport. The Convention does not apply to air transport between states party to the Convention and states not participating in it; does not apply to mail transportation.

The Warsaw Convention applies to the following air transport:

The place of departure and the place of destination, regardless of interruption in transportation, are located on the territory of two states party to the Convention
The place of departure and destination are located on the territory of one state - the private party to the Convention, but the stop is provided on the territory of another state, possibly not party to the Convention

International air transport often involves transportation carried out sequentially by several carriers. From the point of view of the Warsaw Convention, such transportation is considered as a single transportation, regardless of how it is formalized - one or more contracts. In multimodal transport, the provisions of the Warsaw Convention should apply only to the air part of the transport. However, based on the agreement of the parties, conditions relating to other types of transportation can be included in the air transportation document.

The Warsaw Convention establishes the rule of plurality of jurisdiction (alternative international jurisdiction): a claim may be filed at the choice of the plaintiff in the competent court of any member state; to the court at the carrier’s place of residence; at the location of the main administration of his enterprise; at the location of the office that concluded the contract of carriage; to the court of destination. This norm is mandatory in nature - all agreements that change the rules on jurisdiction established in the Convention are invalid.

However, two exceptions are allowed: by virtue of a special agreement between the carrier and the passenger, the maximum liability of the carrier may be increased; When transporting goods, an arbitration agreement may be concluded within the territorial competence of the courts established by the Convention. The Guatemalan Protocol of 1971 supplements the rules of jurisdiction for passenger aircraft: a claim can be brought at the place of residence of the passenger if the carrier has its establishment in this state.

The main content of the Warsaw Convention is unified substantive norms of a mandatory nature. There are practically no general conflict of law provisions in the Convention; there are only a small number of conflict of law provisions on specific issues (and all of them provide for the exclusive application of the law of the place of court). The provisions of the Warsaw Convention are currently implemented in the national legislation of most countries of the world.

The provisions of the Warsaw Convention on carrier liability, developed during the formation of civil aviation, have long been outdated, and most subsequent agreements of the Warsaw Treaty System are aimed specifically at increasing the limits of carrier liability. The first increase in the carrier's liability limit was enshrined in the Hague Protocol of 1955 - twice as high as that established in the Warsaw Convention.

The Montreal Interim Airline Agreement of 1966 also significantly increases the limit of carrier liability and replaces the principle of fault liability with the principle of objective (absolute) liability. The carrier does not have the right to refer to circumstances that are the basis for releasing him from liability in accordance with the Warsaw Convention.

The Guatemala Protocol of 1971 introduced fundamental changes to the Warsaw Convention: the air carrier is liable regardless of fault (liability is excluded if the harm is caused by the passenger’s health condition or his fault); the carrier's liability limit has been increased six times compared to the Hague Protocol of 1955. National legislation may establish additional compensation for passengers in the event of harm to their health. The Guatemala Protocol also modified the provisions of the Warsaw Convention on passenger tickets and conditions of carriage of baggage. The 1999 Montreal Agreement for the unification of certain rules for international air transport clarifies the concept of air transport and establishes the limits of the carrier's liability in the SDR.

The specifics of air traffic create difficulties in determining the applicable law and establishing jurisdiction. Basically, these issues are regulated through unified substantive norms of international conventions.

However, there are often cases where conflict issues arise:

When the transport involves a state not party to the Warsaw Convention.
If issues arise that are not regulated in the Warsaw Convention system.
If the conditions of carriage established by the airline do not comply with national law.

The national legislation of most states does not contain special conflict of laws provisions for air traffic, therefore general conflict principles are applied: the law of the carrier, the law of the court, the law of the flag. The carrier's law in the law of international air transportation is traditionally understood - this is the law with which air traffic has the closest connection (the location of the party whose performance characterizes the contract of carriage).

The law of the place where the contract was concluded is understood very specifically - as the law of the country where the first leg of the flight was started. The legal regulation of international air transportation has been greatly influenced by the law of the sea - the law of the flag of the aircraft and the law of the state of its registration are applied.

The Air Code of the Russian Federation of 1997 is in force in Russia. Its norms take into account the main provisions of the Warsaw Convention of 1929. The Code defines the concept of international air transportation; rights and obligations of the carrier, his liability; liability of the aircraft owner; compulsory third party liability insurance; amounts of insurance amounts. The grounds for termination of the contract for air transportation of goods and passengers at the initiative of the carrier are listed in detail.

To carry out commercial activities in the field of civil aviation on the territory of the Russian Federation by foreign aviation enterprises, international operating agencies, foreign individual entrepreneurs a mandatory licensing procedure has been established; There are certain restrictions on the rights of foreign airlines. There are representative offices of more than 100 foreign airlines in the Russian Federation.

Russia is a party to a large number of bilateral international agreements on air services (more than 130). They are based on the rules of the Chicago Convention of 1944. All such treaties provide for a “package” commercial rights contracting states, their rights and obligations.

Air transportation of goods, passengers and luggage in international transport law is regulated by the norms of both national legislation and international treaties. At the same time, the international nature of such transportation determines the large role of international intergovernmental and non-governmental organizations in the unification of legal norms and technical standards governing air transportation in interstate air traffic. The most important of these organizations are the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA). The main sources of legal regulation of the transportation of goods, passengers and baggage in international air traffic are national legislation and international treaties. Russian national legal acts in this area include:
. Air Code of the Russian Federation, containing Ch. XV “Air transportation” and ch. XVII “Responsibility of the carrier, operator and shipper”;
. Federal Aviation Rules “General rules for air transportation of passengers, baggage and cargo and requirements for servicing passengers, shippers, consignees”, approved by Order of the Ministry of Transport of the Russian Federation dated June 28, 2007 No. 82 as amended. dated April 30, 2014 (hereinafter referred to as the Rules). The rules apply when carrying out domestic and international air transportation of passengers, baggage, cargo on flights according to the aircraft schedule and additional flights (scheduled flights) and flights under an aircraft charter agreement (charter flights). When performing international transportation, the Rules are applied to the extent that they do not contradict Russia’s international agreements on air services. Carriers have the right to establish their own rules for air transportation. These rules must not contradict general rules air transportation and worsen the level of service for passengers, shippers, and consignees (clauses 2-4 of the Rules).
The most important international agreement in the field of air transportation of goods, passengers and baggage is the Warsaw Convention of 1929 for the unification of certain rules relating to international air transportation (hereinafter referred to as the Warsaw Convention). In 1955, it was supplemented by the Hague Protocol (hereinafter referred to as the Hague Protocol). Currently, the Warsaw Convention has acquired a truly universal character, and the number of its participants is more than 100 states. Russia is a party to both the Warsaw Convention and the Hague Protocol as a result of international succession. Subsequently, new documents were adopted that amended the Warsaw Convention. This applies primarily to the Guatemala Protocol of 1971, which increased the limit of liability of the air carrier for damage caused to the life and health of a passenger, and introduced the principle of objective liability of the carrier regardless of his fault, as well as to the Montreal Protocols No. 1-4 of 1975, which changed the unit of account used to calculate the limits of air carrier liability by introducing the SDR instead of the Poincaré franc, and confirmed the principle of objective liability of the carrier.
In 1961, the Guadalajara Convention, supplementary to the Warsaw Convention, was adopted to unify certain rules relating to international air transport carried out by a person other than the contract carrier (hereinafter referred to as the Guadalajara Convention). The Guadalajara Convention extended the principles of the Warsaw Convention to transport operations carried out by leased aircraft. All of the above-mentioned documents constituted the so-called Warsaw system, which now appears to be very cumbersome and ineffective due to the different composition of the member states in relation to each document. For many years, the question of consolidating the documents of the Warsaw system into a single act was raised, and work in this direction was carried out within the framework of the ICAO Legal Committee. Based on the project developed within its framework, the 1999 Montreal Convention for the unification of certain rules for international air transport (hereinafter referred to as the Montreal Convention) was adopted.
The main reason for the adoption of the Montreal Convention is that the concept of air carrier liability, enshrined in the Warsaw Convention at the beginning of the 20th century, no longer corresponds to the level of development and degree of reliability of modern air transport. With the increase in this level, priorities in regulating air carrier liability have shifted towards ensuring the most complete compensation for harm to victims of aviation accidents, which led to the emergence of a new legal regime for international air transport proposed by the Montreal Convention. It is this circumstance that explains the fact that the number of participants in the convention is growing rapidly and has currently exceeded 80 states. Thus, the complex of international documents regulating the air transportation of goods, passengers and baggage in interstate traffic is as follows:
1) documents of the Warsaw system:
. Warsaw Convention 1929;
. Hague Protocol 1955;
. Guatemala Protocol 1971;
. Montreal Protocols 1975;
. Guadalajara Convention 1961;
2) ICAO Montreal Convention 1999
The Warsaw Convention as amended by the Hague Protocol applies to any international transportation of goods, passengers and luggage carried out for a fee by aircraft. It also applies to free transportation if it is carried out by an airline using an aircraft (Clause 1, Article 1). International transportation in the sense of the Warsaw Convention is any transportation in which the place of departure and the place of destination, regardless of whether there is a break in transportation or overload, are located either on the territory of two states party to the convention, or on the territory of the same state. participant if the stop is provided on the territory of another state, even if this state is not party to the convention. Transportation without such a stop between two points located on the territory of the same state party to the convention is not considered international (clause 2 of article 1).
The Warsaw Convention applies to all international transport that meets the above requirements, regardless of whether it is carried out by state-owned airlines or other public legal entities or private airlines. The Convention does not apply to the transportation of postal correspondence and postal parcels (Article 2). International air transportation is carried out on the basis of transportation documents, which are transport documents and confirm the conclusion of an air transportation agreement. Such transport documents are:
1) in a contract for the carriage of goods by air - an air waybill. According to the terminology of the convention, this is an air transportation document that has functions similar to those of a bill of lading. Moreover, unlike a bill of lading, an air waybill is not a negotiable document and cannot be transferred by endorsement;
2) in a passenger air transportation agreement - an air ticket;
3) in the contract for air carriage of baggage - a baggage receipt.
The Montreal Convention applies to all international carriage of passengers, baggage or cargo carried out for remuneration by means of an aircraft. It also applies to free transportation carried out by aircraft by an air transport company. International transport is any transport in which the place of departure and the place of destination, regardless of whether there is a break in transport or transhipment, are located either on the territory of two Member States or on the territory of the same Member State, if an agreed stopover provided for on the territory of another State, even if that State is not a State Party. Transportation without such a stop between two points located on the territory of the same Member State is not considered international in the sense of the convention (clauses 1-2 of Article 1). When transporting passengers, an individual or group transportation document is issued containing:

The carrier provides the passenger with a baggage identification tag for each piece of checked baggage (clauses 1, 3, article 3). When transporting cargo, an air waybill is issued. Instead of an air waybill, any other means of storing a record of upcoming transportation may be used. If such other means are used, the carrier, at the request of the shipper, shall issue to him a receipt for the goods allowing him to identify the goods and gain access to the information contained in the record maintained by such other means (Article 4). Thus, any transportation is subject to the Warsaw and Montreal Conventions if:
. the place of departure and destination of transportation, regardless of whether there is a break in transportation or overload, are located on the territory of two states party to one or another convention;
. the place of departure and destination of transportation are located on the territory of the same state party to one or another convention, but the air carriage agreement or otherwise provides for a stop on the territory of another state, even if it is not party to either convention.
The Warsaw and Montreal Conventions apply to international transport carried out within the framework of scheduled and non-scheduled international air services. Both conventions also apply to carriage carried out by several successive carriers if it is considered by them as a single carriage.

1. Legal regulation of international air transportation of goods

According to the Warsaw Convention, every carrier of goods has the right to require the sender of the goods to draw up and deliver to him an air consignment note. Each consignor has the right to demand that the carrier accept this document. The air transportation document is drawn up by the sender in three original copies and handed over along with the goods (Article 6). The sender has the right, subject to fulfillment of all obligations arising from the contract of carriage, to dispose of the cargo, either by taking it back from the airfield of departure or destination, or by stopping it en route upon landing, or by instructing its release at the place of destination or on another route. person than the recipient indicated in the air transportation document, or demanding the return of the cargo to the airfield of departure, since the exercise of this right does not harm either the carrier or other senders. The sender's right to dispose of the cargo ceases at the moment when the recipient's right to dispose of it arises. Moreover, if the recipient refuses to accept the transportation document or cargo, or if they cannot be transferred to him, then the sender again acquires the right to dispose of the cargo (Article 12).
According to the Montreal Convention, an air waybill contains:
. indication of points of departure and destination;
. if the points of departure and destination are in the territory of the same Member State, and one or more intended stops are in the territory of another State, an indication of at least one such stop;
. indication of the weight of the shipment (Article 5).
The air waybill is drawn up by the sender in three original copies. The first copy is marked “for the carrier” and is signed by the sender. The second copy is marked “for the recipient” and is signed by the sender and the carrier. The third copy is signed by the carrier, who hands it over to the sender upon acceptance of the cargo. The signatures of the carrier and the sender can be printed or stamped (clauses 1-3 of Article 7). An air waybill or a receipt for cargo, until proven otherwise, is evidence of the conclusion of an agreement, acceptance of cargo and the conditions of transportation specified therein (clause 1 of article 11). According to the position of N. N. Ostroumov, the air waybill performs four main functions: until the contrary is proven, it is evidence of the conclusion of the contract, the acceptance of the cargo by the carrier, the conditions of transportation and gives the right to the cargo owner to dispose of the cargo.

2. Legal regulation of international air transportation of passengers and baggage

According to the Warsaw Convention, when transporting passengers, an air ticket must be issued, which is evidence of the conclusion of the contract for the carriage of the passenger and its terms. The absence, incorrect execution or loss of an air ticket does not affect either the existence or validity of the contract of carriage. Moreover, if, with the consent of the carrier, a passenger is accepted on board the aircraft without issuing him an air ticket or if the ticket does not contain a notification about the application of the rules of the Warsaw Convention to him, then the carrier does not have the right to refer to the limit of his property liability (clauses 1-2 of Article 3 ). When transporting checked baggage, a baggage receipt must be issued, which is a certificate of registration of baggage and the conclusion of a contract for the carriage of baggage. The absence, incorrect execution or loss of a baggage receipt does not affect either the existence or validity of the contract of carriage. Moreover, if the carrier takes care of the baggage without issuing a baggage receipt or if the baggage receipt does not contain a notice of the application of the Warsaw Convention to it, then the carrier does not have the right to refer to the limit of its property liability (clauses 1-2 of Article 4) .
According to the Montreal Convention, when transporting passengers, an individual or group transportation document is issued containing:
. indication of points of departure and destination;
. if the points of departure and destination are located in the territory of the same Member State, and one or more intended stops are located in the territory of another State, an indication of at least one such stop.
Instead of the document mentioned above, any other means of maintaining a record of transport information may be used. If such other means are used, the carrier offers to provide the passenger with a written statement of the information so stored. The carrier provides the passenger with a baggage identification tag for each piece of checked baggage. The passenger is given a written notice that, if the Montreal Convention is applied, it regulates and may limit the liability of carriers in the event of death or bodily injury to a passenger, as well as in the event of destruction, loss or damage to luggage and delay in its delivery (clauses 1-4 of Art. 3).
As V.D. Bordunov notes, the core of the contract for the international air carriage of passengers and baggage is the obligation of the designated carrier to transport the passenger and his baggage from the international airport of his country to the international airport (airports) of another country. By its nature, this obligation can be defined as a transport obligation that mediates intangible services provided by the carrier to the passenger. This transport obligation becomes such for the carrier only if the passenger pays the tariff established for transportation, which is evidence of the passenger’s explicit consent to the terms of transportation and confirmation of the fact of concluding an agreement for a strictly defined period. The contract for the international air carriage of passengers is of a paid and consensual nature.
The central place in the Warsaw Convention is given to the issues of limiting the liability of the air carrier for damage caused to the life and health of a passenger, as well as for damage resulting in loss or damage to baggage and cargo. The carrier is responsible for damage caused to the life and health of a passenger if the accident causing the damage occurred on board the aircraft or during boarding and disembarking operations (Article 17). The carrier is responsible for damage caused in the event of destruction, loss or damage to checked baggage or cargo if the damage occurs during air transportation. Carriage by air covers the period of time during which baggage or cargo is in the custody of the carrier, regardless of whether this takes place at the aerodrome, on board the aircraft or at any other place in the case of landing outside the aerodrome.
The carrier is liable for damage caused by delay in air transportation of passengers, baggage or cargo (Article 19). The carrier is not liable if he proves that he or his agents took all necessary measures to avoid damage; that the adoption of such measures was objectively impossible; that the damage was caused by the guilty actions or omissions of the injured person (Articles 20-21). The Warsaw Convention establishes the following limits of property liability of the air carrier (Article 22):
1) when transporting passengers, the carrier’s liability in relation to the life and health of each passenger is limited to the amount of 250,000 Poincaré francs. In case of a special agreement between the carrier and the passenger, a higher limit of liability may be established;
2) when transporting checked baggage or cargo, the carrier's liability is limited to the amount of 250 Poincaré francs per 1 kg of gross weight of lost or damaged baggage or cargo. If the passenger or shipper declares its value at the time of transfer of luggage or cargo to the carrier, the carrier is liable within the declared amount, unless he proves that this amount exceeds the real value of the objects transported;
3) in relation to hand luggage (items left by the passenger with him/her), the carrier's liability is limited to the amount of 5,000 Poincaré francs in relation to each passenger.
The Guatemalan Protocol introduces liability of the air carrier for causing harm to the life and health of a passenger, regardless of fault (liability is excluded if the harm is caused by the passenger’s health condition or his fault) and increases the limit of the carrier’s liability to the passenger by 6 times compared to the Hague Protocol (up to 1,500,000 francs Poincaré). It is envisaged that this limit will be subsequently increased every five years by approximately 10%. Responsibility for unsafe baggage is assigned to the carrier regardless of his fault and is excluded when it is the result of the external properties of the baggage or the fault of the victim. For late delivery of a passenger, a special limit of liability of the air carrier has been introduced - 62,500 Poincaré francs per passenger.
The Montreal Protocols allow the use of electronic computing devices when processing transportation, and also establish the liability of the air carrier in the event of failure to preserve the cargo, regardless of its fault (liability is excluded if the carrier proves that the destruction, loss, damage or delay in delivery or damage to the cargo occurred as a result of the inherent cargo of quality defect or improper packaging, act of war or armed conflict, adoption of an act by an authority state power associated with the import, export or transit of cargo). The limits of liability of the air carrier are expressed in SDR and amount to 100,000 SDR for damage caused to the life and health of a passenger (Protocol No. 4); for 1 kg of gross weight of lost or damaged cargo - 17 SDR (Protocols No. 1, 3, 4). The Guadalajara Convention, to which Russia is a party, extended the Warsaw Convention and the Hague Protocol to international transport performed by the actual carrier (and not the contracted carrier).
In accordance with the rules of the Montreal Convention, the carrier is liable for harm to the life and health of a passenger, as well as for loss or damage to checked baggage on the principle of objective and culpable liability (Article 17); for loss or damage to cargo, as well as unchecked luggage - on the principle of culpable liability (Article 18), and the carrier’s guilt is presumed until he proves that the adverse consequences were caused by one of the circumstances mentioned in paragraph 2 of Art. 18 (these include military actions, armed conflicts, acts of government authorities, improper packaging of cargo, quality defects inherent in the cargo). In any case, the carrier is released from liability if he proves that harm to the life and health of the passenger, loss or damage to luggage or cargo was caused by negligence, incorrect actions or inaction of the person demanding compensation (Article 20).
The central place in the Montreal Convention is given to the issues of limiting the liability of an air carrier, and for this purpose two methods of calculating the limits of liability are used: for member states of the IMF it is established in SDRs, for other states - in Poincaré francs. The Montreal Convention establishes the following limits of an air carrier's property liability:
1) when transporting passengers, the carrier’s objective liability in relation to the life and health of each passenger is limited to the amount of 100,000 SDRs or 1,500,000 Poincaré francs (Articles 21, 23). If damage is caused in an amount exceeding SDR 100,000, the carrier bears culpable liability, the limit of which is not limited;
2) in case of damage as a result of delay in the transportation of baggage or cargo, the carrier’s liability in relation to each passenger is limited to the amount of 4150 SDR or 62,500 Poincaré francs (clause 1, article 22, article 23);
3) when transporting luggage, the carrier’s liability for its loss or damage is limited to the amount of 1000 SDR or 15,000 Poincaré francs for each passenger (clause 2 of article 22, article 23);
4) when transporting cargo, the carrier’s liability for its loss or damage is limited to the amount of 17 SDR or 250 Poincaré francs per 1 kg of gross weight of lost or damaged cargo (clause 3 of Article 22, Article 23). The carrier may stipulate that the contract of carriage is subject to higher limits of liability than those provided for in the convention, or that no limits of liability apply (Article 25).
Compared to the norms of the Warsaw Convention, the Montreal Convention introduces a two-tier system of liability. The first level establishes objective liability of up to 100,000 SDR, regardless of the carrier’s fault. The second level is based on the presumption of guilt of the carrier and does not provide for a limitation of liability.
According to the Warsaw Convention, receipt of baggage or cargo without filing a claim presupposes their delivery in proper condition and in accordance with the terms of the transportation document. In the event of damage, the consignee or recipient of baggage must file a claim with the carrier immediately after discovery of the damage, but no later than seven days from the date of receipt of the baggage and 14 days from the date of receipt of the cargo. If there is a justified delay in filing a claim, the period for filing a claim is extended, but under no circumstances should it exceed 21 days from the date of delivery of the cargo or luggage to the recipient. The claim is expressed in the form of a record included in the transportation document or in another form written document drawn up within the time period provided for by the convention. Failure to file a claim against the carrier deprives the recipient of the cargo or luggage of the right to file a claim against the carrier in the future (Article 26).
The Montreal Convention provides for a mandatory claim procedure for resolving disputes between the recipient of cargo or baggage and the carrier. The claim must be submitted to the carrier in writing. Receipt of checked baggage or cargo by the recipient without objection constitutes a presumption, pending proof to the contrary, that the baggage or cargo was delivered in proper condition according to the transport document. In the event of damage, the person entitled to receive baggage or cargo must file an objection with the carrier immediately upon discovery and no later than seven days from the date of receipt of the checked baggage and 14 days from the date of receipt of the cargo. In case of delay, the claim must be made no later than 21 days, counting from the moment the baggage or cargo is handed over to the recipient (Article 31). The limitation period is two years from the date of arrival of the aircraft at its destination (Article 35).
Thus, neither the Warsaw nor the Montreal Conventions provide for a mandatory claim procedure for filing claims against an air carrier for damage to the life or health of a passenger. A different picture is observed when delivering cargo to the recipient and luggage to the passenger. In case of detection of unsafe cargo or checked baggage or violation by the carrier of the conditions contained in the transportation document, both conventions provide for mandatory claim proceedings, i.e. the obligation of the consignee and passenger to file a claim (objection) immediately. In case of damage to cargo and luggage, deadlines for filing claims have been established. According to the Warsaw Convention, in case of damage to baggage, this period is 3 calendar days, and cargo - 7 calendar days, counting from the date of receipt. In case of delay in delivery of cargo or luggage, the claim must be filed within 14 days from the moment the cargo was transferred to the recipient’s disposal (clause 2 of Article 26). The Hague Protocol increased the duration of these periods to 7, 14 and 21 days, respectively, which is preserved by the Montreal Convention (clause 2 of Article 31, Article 52).
According to the Warsaw Convention, disputes arising from contracts for the international air carriage of goods, passengers and luggage are subject to consideration in the courts of the states party to the convention at the place of residence of the carrier; at the location of the main management body of the carrier; at the location of the carrier’s enterprise through which the contract of carriage was concluded, or at the destination of the carriage (Article 28). The limitation period for initiating civil proceedings is two years from the date of arrival of the aircraft at its destination (Article 29).
The Montreal Convention provides for multiple jurisdiction (competition jurisdiction) for claims against carriers brought in state courts. The claim must be brought, at the choice of the plaintiff, within the territory of one of the participating States either in the court at the place of residence of the carrier, at the place of his main place of business or at the place where he has a place of business through which the contract was concluded, or in the court of destination transportation. In respect of damages resulting from the death or personal injury of a passenger, an action for liability may be brought in one of the above-mentioned courts or in the territory of the State Party in which the passenger has his principal and permanent residence at the time of the incident and to or from which the carrier provides services related to the air transportation of passengers either on its own aircraft or on the aircraft of another carrier on the basis of a commercial agreement, and in which this carrier carries out activities related to the air transportation of passengers using premises leased by the carrier itself or by another carrier, with with which he has a commercial agreement, or belonging to him or such other carrier (clauses 1-2 of Article 33).
Thus, the statute of limitations for international air transportation is two years. This period begins to run from the moment the passenger, cargo or baggage arrives at its destination, or from the day the aircraft should have arrived, or from the moment the carriage is terminated (clause 1, article 35 of the Montreal and clause 1, article 29 of the Warsaw Convention). Both conventions establish alternative jurisdiction. The claim may be brought within the territory of one of the states party to the conventions at the choice of the plaintiff in one of the following courts:
. at the carrier’s place of residence (carrier’s domicile);
. at the place of the carrier’s main commercial activity;
. at the place where the carrier has a commercial enterprise (institution, office) through which the contract of carriage was concluded;
. in the court of the destination of transportation (clause 1 of article 28 of the Warsaw and clause 1 of article 33 of the Montreal Convention).
At the same time, the text of the Montreal Convention includes a fifth option of jurisdiction (the so-called fifth jurisdiction) in relation to claims for compensation for damage caused to the life and health of a passenger during transportation, allowing for the possibility of filing a claim against the carrier at the victim’s place of residence. According to paragraph 2 of Art. 33 of the Montreal Convention, in respect of damage resulting from the death or personal injury of a passenger, a claim for liability may be brought in a court in the territory of the State Party in which the passenger has his main and permanent residence at the time of the incident. According to paragraph 3 of Art. 33 of the Montreal Convention, “principal and permanent residence” means the passenger’s one fixed and permanent place of residence at the time of the accident. The nationality of the passenger is not a determining factor in this regard.
Unlike the Warsaw Convention, the Montreal Convention provides for the possibility of submitting a dispute for resolution to arbitration on the basis of an arbitration agreement of the parties, but only in relation to the contract for the carriage of goods. The parties to a contract for the carriage of goods may stipulate that any dispute relating to the carrier's liability under the convention shall be resolved by arbitration. Such an agreement must be made in writing. The arbitration proceedings, at the choice of the plaintiff, are held in one of the places in accordance with the competence of the courts provided for in Art. 33. The arbitrator or arbitral tribunal shall apply the provisions of the convention. Requirements of Art. 34 count integral part any arbitration clause or agreement, and any term of such clause or agreement inconsistent with it is void and void. In general, the adoption of the Montreal Convention can be regarded as a progressive step towards the international consolidation of legal norms relating to air transport on a universal basis.

SMGS and SMPS contain mandatory unified substantive and conflict of laws rules. All bilateral agreements that deviate from the rules of SMGS and SMPS are invalid. Types of special conflict of laws provisions in these agreements: law of the road for cargo departure; cargo routes; roads changing the contract of carriage; roads where the cargo was detained; cargo destination roads; the road to which the claims are made. It has been established that it is impossible for the parties to choose the applicable law and other conflict of law principles. The application of national laws is permissible only on issues not regulated in agreements.

Russia has a whole system of bilateral agreements on international rail freight and passenger traffic with different countries(Turkey, Finland, Iran, Austria, etc.). Freight charges for all international railway transportation in Russia are set at MTT rates. Preferential freight payments are enshrined in the Russian-Finnish agreement. Freight transportation along the Trans-Siberian Railway is carried out by through accelerated container trains - “Western Wind” and “East Wind”.

International road transport

The legal status of the ground transport environment is inextricably linked with the legal status of the state territory. The sovereignty of the state fully extends to the territorial entities belonging to it and predetermines the specifics of the legal regime of land transportation. The organization of road traffic is closely related to the norms of national public law. International road transport, in addition, has special specifics. A vehicle crosses borders and follows the roads of different states, i.e. there is a need to establish uniform traffic rules, unified system road signs and signals.

International road transport is the transportation of goods and passengers motor vehicle on the basis of an international treaty, in which the point of departure is in the territory of one state, the destination is in the territory of another, as well as transit transportation. Agreement on International road transportation represents special kind foreign trade transactions, special commercial agreement. Road transport is usually carried out not by the parties to the contract, but by associated companies, which may themselves enter into a road transport contract. The most characteristic legal sign of these agreements is their nature as a double foreign trade transaction.

Valid in Europe the whole system international treaties regulating road transport: the Convention on traffic 1949 (valid in terms of traffic management) and the Protocol to it on road signs and signals of 1949; Convention on Road Traffic 1968 (enshrines a uniform system of road signs and signals, uniform road markings); European Agreement concerning the International Carriage of Dangerous Goods by Road 1957 (ADR); European Agreement on Main International Traffic Arteries 1975 (AGR).

Among regional European agreements, the main role in the legal regulation of international road transport is played by the Geneva Convention on the Contract for the International Carriage of Goods by Road, 1956 (CMR or CMR) and the Geneva Customs Convention on the International Carriage of Goods Using TIR Carnets (TIR Carnets), 1975 (Convention TIR).

The CMR standardizes the conditions for the international road transport of goods. The scope of application of the CMR is the regulation of the relationship between the carrier and the cargo owner, the procedure for accepting cargo for transportation and its delivery at the destination. Scope of the CMR: all contracts for the carriage of goods by road for remuneration, when the place of loading and the place of delivery of the goods are located on the territory of two different states, at least one of which is a party to the Convention.

The CMR contains detailed rules about all the main conditions of carriage; a list of transportations to which the Convention does not apply has been established. The application of the Convention does not depend on the place of residence and nationality of the parties to the contract. The CMR norms are mandatory. Deviations from its provisions are void. The CMR is a conglomerate of substantive and conflict of law rules. Conflict of laws regulation provides for the application of general and special conflict of laws rules: autonomy of will, law of the court, law of the place of departure and location of the cargo (general); the law of the location of the main management of the defendant’s enterprise, the law of the location of the office that entered into the contract, the law of the place of presentation of the cargo to the carrier (special).

The TIR Convention determines the procedure for completing customs formalities and the customs inspection procedure for the international road transport of goods. The main attribute of the Convention is the TIR Carnet (single customs document), the holder of which enjoys priority customs clearance(TIR sign). Participating states have special guaranteeing association institutions to protect persons using the TIR procedure. ASMAP, a non-profit organization, a member of the International Road Transport Union, was created in Russia. ASMAP is a guarantee association of Russian international road carriers.

Russia participates in a large number of bilateral international agreements on international road transport. All these agreements contain general provisions, which establishes a licensing system for international road transport of passengers, luggage and cargo, and resolves issues of transportation to and from third countries (for example, the Russian-Austrian Agreement on International Road Transport). Transport to and from third countries is carried out on the basis of a “standard international license”, issued with the permission of the ECMT, of which Russia has been a member since 1997.

Since the vehicle is a source increased danger, then when transporting by road, guarantees provided to third parties in case of harm are very important. Road transportation requires mandatory civil liability insurance. In Europe, an international automobile insurance card (the “green card” system) has been in force since 1953.

Guarantees for damage caused to third parties by a motor vehicle are also provided at the international level in accordance with the Hague Convention on the Law Applicable to Road Traffic Accidents, 1968. The Convention contains unified international conflict of laws rules. The main conflict of laws connection is the substantive law of the country in whose territory the accident occurred. Subsidiary conflict of laws rules - place of registration vehicle, place of usual residence of the victim.

International air transport

The legal regime of the air transport environment is the scope of public law (national and international). The air transport environment is divided into the sovereign airspace of specific states and international airspace. At the interstate level, a global system for managing international air traffic has been created, in which the main role is assigned to ICAO.

The main document regulating the use of international and national airspace is the Chicago Convention on International Civil Aviation of 1944. The Convention established general rules for the activities of civil aviation in the implementation of international communications, categories of international flights (scheduled and non-scheduled); defined the concept of international flights and air routes. The main purpose of the Convention is the legal regulation of international air services and commercial activities. The Convention enshrines a list of commercial freedoms of the air: basic, additional, and a ban on cabotage. 18 annexes have been adopted to the Chicago Convention. ICAO was created on the basis of the Convention. Currently, international aviation regulations are being developed within the framework of ICAO.

The Warsaw Convention of 1929 for the unification of certain rules for international air transport is the basis for the legal regulation of international air transport. Agreements supplementing the Warsaw Convention: The Hague Protocol of 1955, the Guatemala Protocol of 1971 amending the Warsaw Convention, the Guadalajara Convention of 1961, the Montreal Protocol for the Unification of Certain Rules Relating to International Carriage by Air, 1975 (established the concept of “actual carrier"), the Montreal Interim Airline Agreement of 1966, the Montreal Agreement of 1999. The set of provisions of these agreements as a whole constitutes the Warsaw system for regulating international air transport. IATA, a special non-governmental organization, an association of airlines of ICAO member states, is responsible for determining the specific conditions for international air transportation.

The Warsaw Convention of 1929 is the primary international legal framework for international air transport. The Convention defines international air transportation as transportation in which at least one of the landing points is located on the territory of another state. Scope of application of the Warsaw Convention: transportation of goods, passengers, luggage, combined transport. The Convention does not apply to air transport between states party to the Convention and states not participating in it; does not apply to mail transportation. The Warsaw Convention applies to the following air transport:

the place of departure and the place of destination, regardless of the interruption in transportation, are located on the territory of two states party to the Convention;
the place of departure and destination are on the territory of one state party to the Convention, but the stop is provided on the territory of another state, possibly not party to the Convention.

International air transport often involves transportation carried out sequentially by several carriers. From the point of view of the Warsaw Convention, such transportation is considered as a single transportation, regardless of how the transportation is formalized - one or more contracts. The main content of the Warsaw Convention is unified material norms of a mandatory nature. There are practically no general conflict of law provisions in the Convention; there are only a small number of conflict of law provisions on specific issues (and all of them provide for the exclusive application of the law of the place of court). The provisions of the Warsaw Convention are currently implemented in the national legislation of most countries of the world.

transportation is associated with a state not participating in the Warsaw Convention;
issues arise that are not regulated in the Warsaw Convention system;
the conditions of carriage established by the airline do not comply with national law.

The national legislation of most states does not contain special conflict of laws provisions for air traffic, therefore the general conflict of laws principles of the carrier’s law, the law of the court, and the law of the flag are applied. The carrier's law in the law of international air transportation is traditionally understood - this is the law with which air traffic has the closest connection (the location of the party whose performance characterizes the contract of carriage). The law of the place where the contract was concluded is understood specifically - as the law of the country where the first leg of the flight was started.

VK operates in Russia. Its norms take into account the main provisions of the Warsaw Convention of 1929. The WC defines: the concept of international air transportation; rights and obligations of the carrier, his liability; liability of the aircraft owner; compulsory third party liability insurance; amounts of insurance amounts. Russia is a party to a large number of bilateral international agreements on air services (more than 130). Their basis is the rules of the Chicago Convention of 1944. Such agreements provide for a “package” of commercial rights of the contracting states, their rights and obligations (see, for example, the Agreement between the Government of the Russian Federation and the Government of the Slovak Republic on air services of 1995 and the Appendix to the Agreement) .

International sea transport

The legal regime of the maritime transport environment is established in the 1982 UN Convention on the Law of the Sea. The Convention establishes a clear delimitation of maritime spaces and their international legal status. The provisions of the Convention also affect problems of private international law - the right of innocent passage; civil jurisdiction over foreign courts; immunity of state ships operated for non-commercial purposes; nationality of ships; "flags of convenience"; most favored nation clause.

Ship collisions and maritime rescue are regulated through multilateral international agreements. One of the oldest is the Brussels International Convention for the Unification of Certain Rules Regarding Collisions of Ships of 1910. The main content of the Convention consists of rules defining the conditions of property liability for the consequences of a collision of ships. Liability is based on the principle of fault. Victims may suffer losses. The Convention introduces the concept of “proportionate degree of guilt”. It has been established that in different cases of ship collision it is necessary to apply different conflict of laws (law of the place of collision, law of the flag, law of the court, law of the flag of the injured vessel). The Brussels International Convention for the Consolidation of Certain Rules Relating to Assistance and Rescue at Sea, 1910 (and its 1967 Protocol, expanding the scope of the Convention) contains unified substantive and conflict of law rules defining actions that constitute rescue. The conflict bindings are the same as in case of a collision between ships. The application of the law of the flag of the vessel that provided assistance is provided. The general conflict of laws rule during rescue is the law of the flag of the ship that carried out the rescue.

The institution of limiting the liability of the shipowner is a specific institution of maritime law, due to the risk of navigation. The goal is to limit and reasonably distribute the consequences of such risk. The shipowner has the right to limit his liability to certain limits for all major obligations related to navigation. Brussels International Convention for the Unification of Certain Rules on the Limitation of Liability of Owners sea vessels 1924 enshrines the principle of limiting the shipowner's liability. However, the International Convention on the Limitation of Liability of Shipowners of 1957 expands the range of requirements for which the shipowner is not entitled to limit liability. This provision is related to the rules on rescue at sea and compensation for losses under general average.

Legal regime of the air transport environment is determined by the legal nature of the airspace within which the flight is carried out, as well as control over it by air traffic services (ATS).

By its nature, airspace is divided into sovereign airspace a specific state (Article 1 of the Chicago Convention on International Civil Aviation 1944) and international airspace.

By sovereign is meant the space that is located above the state territory, which, in turn, includes the spaces (masses) of land and the adjacent territorial waters that are under the sovereignty of a given state.

If a state has the right to establish its own rules in its airspace, then international flight safety is achieved by complying with ICAO rules. In accordance with the latter, international airspace is divided into flight information regions. Flight Information Region is airspace within the boundaries established taking into account the capabilities of navigation and air traffic control equipment. It includes: airways, zones and flight paths of aircraft on which air traffic services are provided.

The main international legal source, regulating air transportation is Convention for the Unification of Certain Rules for International Carriage by Air, signed in 1929 in Warsaw and supplemented in 1955 by the Hague Protocol. More than 100 states have joined the Convention, and more than 90 countries participate in the Hague Protocol, including Russia (on the basis of succession to the obligation of the USSR). The Convention was subsequently supplemented by the Montreal Agreement of 1966, the Guatemala Protocol of 1971 and the Montreal Protocol of 1975, which were either signed and ratified by very a small amount states or have not entered into force.

Air transportation issued by a travel ticket, baggage receipt or air transportation document.

Ticket issued when transporting passengers and must contain the following information:

Departure places;

Stopping places;

Destinations

Payment amounts.

When transporting checked baggage, you will be issued baggage check, which can be combined with a travel ticket. In both cases it must contain the same information as the travel card.

The travel ticket and baggage receipt are evidence of the conclusion of the contract of carriage and its terms. Their absence, incorrectness or loss does not affect either the existence or validity of the contract of carriage.

To transport cargo (goods), an air transport certificate is issued document. The air transportation document is drawn up by the sender in three original copies and handed over along with the goods. The first copy is marked “for the carrier” and is signed by the sender. The second copy is intended for the recipient, signed by the sender and the carrier and must accompany the goods. The third copy is signed by the carrier and returned to the sender upon acceptance of the goods.

The sender replies for the correctness of the information and declarations regarding the goods that he enters in the air transportation document. The sender will be responsible for any damage suffered by the carrier or any other person to whom the carrier is liable due to the incorrectness, inaccuracy or incompleteness of information or announcements given by the sender.

The sender is obliged provide information and attach to the air transportation document documents that are necessary to complete customs or police formalities before handing over the goods to the recipient. The sender replies before the carrier for all losses that could arise from the absence, insufficiency or incorrectness of this information and papers, except in cases of fault on the part of the carrier or persons supplied by him.

The carrier is responsible for damage caused by delay in air transportation of passengers, baggage or goods.

The carrier responds for damage occurring in the event of death, storage or any other bodily injury suffered by a passenger, if the accident causing the damage occurred on board the aircraft or during any embarkation and disembarkation operations.

The carrier responds for harm that occurs in the event of destruction, loss or damage to checked baggage or goods, if the incident causing harm occurred during air transportation.

Carriage by air (within the meaning of the previous paragraphs) covers the period of time during which the baggage or goods are in the custody of the carrier, regardless of whether this takes place at the aerodrome, on board the aircraft or at any other place in the case of landing outside the aerodrome .

The carrier is obliged make a notification:

In cases where it is impossible to execute the sender’s orders;

Upon arrival of the goods at the destination airport.

Liability claim must be brought, at the choice of the plaintiff, within the territory of one of the states of registration of the party to the contract, either in the court at the place of residence of the carrier, at the location of the main office of his enterprise or at the place where he has an office through which the contract was concluded, or in the court of destination .

A liability claim may be brought within two years from the date of arrival at the destination or from the day on which the aircraft should have arrived, or from the moment the carriage was stopped. If there are no objections related to the obligations of transportation within the established time frame, no claims against the carrier will be accepted.