Essential Documents on International Air Carrier Liability Issued October rd. International Air Transport Association Montreal Geneva.

Transcription

1 Essential Documents on International Air Carrier Liability Issued October 2012 International Air Transport Association Montreal Geneva 3rd Edition

2 NOTICE DISCLAIMER. The information contained in this publication is subject to constant review in the light of changing government requirements and regulations. No subscriber or other reader should act on the basis of any such information without referring to applicable laws and regulations and/or without taking appropriate professional advice. Although every effort has been made to ensure accuracy, the International Air Transport Association shall not be held responsible for any loss or damage caused by errors, omissions, misprints or misinterpretation of the contents hereof. Furthermore, the International Air Transport Association expressly disclaims any and all liability to any person or entity, whether a purchaser of this publication or not, in respect of anything done or omitted, and the consequences of anything done or omitted, by any such person or entity in reliance on the contents of this publication. International Air Transport Association. All Rights Reserved. No part of this publication may be reproduced, recast, reformatted or transmitted in any form by any means, electronic or mechanical, including photocopying, recording or any information storage and retrieval system, without the prior written permission from: Senior Vice President Marketing and Commercial Services International Air Transport Association 800 Place Victoria P.O. Box 113 Montreal, Quebec CANADA H4Z 1M1 Essential Documents on International Air Carrier Liability Ref. No: ISBN International Air Transport Association. All rights reserved. Montreal Geneva

3 Table of Contents Preface...vii Foreword...ix Section 1 Instruments Relating to Liability for Carriage by Air Warsaw Convention List of Parties The Hague Protocol List of Parties Guadalajara Supplementary Convention List of Parties Guatemala City Protocol List of Parties Montreal Additional Protocol No List of Parties Montreal Additional Protocol No List of Parties Montreal Additional Protocol No List of Parties Montreal Protocol No List of Parties Montreal Convention List of Parties Notice of Revision of Limits under the Montreal Convention Section 2 Intercarrier Agreements on Carrier Liability Montreal Intercarrier Agreement 1966 (CAB 18900) IATA Intercarrier Agreement on Passenger Liability (IIA) List of Signatories Final Resolution Adopted at IATA s 51st Annual General Meeting Kuala Lumpur, October Agreement on Measures to Implement the IATA Intercarrier Agreement (MIA) List of Signatories Air Transport Association of America (ATA) Provisions Implementing the IATA Intercarrier Agreement to be Included in Conditions of Carriage and Tariffs (IPA) List of Signatories Air Transport Association of America (ATA) Implementing Provisions Agreement List of Signatories iii

4 Essential Documents on International Air Carrier Liability 2.6 Air Transport Association of America (ATA) Implementing Provisions Agreement 2006 (as Amended 2009) List of Signatories Text of Japanese Carriers Conditions of Carriage and Advice on Waiver of Liability Limits Section 3 European Union Regulations on Carrier Liability Regulation (EC) No 2027/97 of 9 October 1997 on Air Carrier Liability in the Event of Accidents Regulation (EC) No 889/2002 of The European Parliament and of The Council of 13 May 2002 Amending Council Regulation (EC) No 2027/97 of Air Carrier Liability in the Event of Accidents Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on Insurance Requirements for Air Carriers and Aircraft Operators Regulations Commission Regulation (EU) No 285/2010 of 6 April 2010 amending Regulation (EC) No 785/2004 of the European Parliament and of the Council on Insurance Requirements for Air Carriers and Aircraft Operators Section 4 Unified Texts and Translations of Key Carrier Liability Instruments Authentic French Text of The Warsaw Convention United Kingdom s Translation of the Authentic French Text of The Warsaw Convention United States Translation of the Authentic French Text of The Warsaw Convention Differences Between US and UK Translations of the Authentic French Text of The Warsaw Convention Warsaw Convention 1929 as Amended at The Hague Warsaw Convention 1929 and Hague Protocol Comparison Table List of Parties to the Amended Instrument Warsaw Convention 1929 as Amended at The Hague 1955 and by Protocol No. 4 of Montreal 1975 (Unifi ed Text) Warsaw Convention 1929, Hague Protocol and Montreal Protocol No. 4 Comparison Table List of Parties to the Single Instrument (Unifi ed Text) Section 5 Leading UK and US Cases on Exclusivity of Warsaw Instruments Headnote Sidhu and Others v British Airways plc [1997] 1 All ER 193, HL Headnote El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng, (97-475) 525 US 155 (1999) 122 F. 3d 99, Reversed Summary The Queen v the Secretary of State for the Environment, Transport and the Regions Ex parte International Air Transport Association iv

5 Table of Contents Section 6 Instruments Relating to Third Party Liability Rome Convention List of Parties Brussels Insurance Protocol List of Parties Rome Convention List of Parties Montreal Protocol List of Parties General Risks Convention List of Parties Unlawful Interference Convention List of Parties Publisher s Note Certain comments or clarifi cations to the accompanying documents have been inserted by IATA. They do not constitute an integral part of the documents and are identifi ed by [PN]. v