Montreal Convention of 1999
Batch 2021●Lyndon J.C.
CHAPTER I
APPLICABILITY
Montreal Convention of 1999 (MC 99 for
brevity) applies to:
a. ALL international carriage of (1)
persons, (2) baggage, or (3) cargo.
b. Carriage performed by aircraft.
c. For a fee or reward
Query: Does MC 99 applies to a gratiuious
undertaking to transport the person, baggage or
cargo?
Ans: Yes, Article 1(1) of MC 99
provided that it applies EQUALLY to gratuitous
carriage by aircraft performed by a air transport
undertaking.
MEANING OF INTERNATIONAL
CARRIAGE
Article 1(2) of MC 99 provides that
international carriage means:
a. Any carriage in which, according to the
agreement are situated within the
terriroties of two States Parties
(regardless whether there is a break in
the carriage); or
b. Carriage within the territory of a single
State Party if there is an agreed stopping
place within the territory of another State
(even the latter State is not a signatory to
the treaty)
Query: Can MC 99 apply to carriage
between two points within the same
territory of a single State Party?
Work while everyone is resting; Achieve while everyone is dreaming;
Study while everyone is sleeping; Believe while everyone is mocking;
Ans: No. Article 1(2) provided that in
order for MC 99 to apply in this situation it must
be an agreed stopping place wihtin the territory
of another State.
Theoretical Case Question:
Suppose X booked a flight to California.
In this scheduled trip, a 3-legged flight was
given to him. The schedule are as follows:
1. Manila to Narita, Tokyo
2. Narita to Los Angeles, California
3. Los Angeles to San Francisco, California
During his LA to San Francisco flight, the plane
crashed and he sustained bodily harm. Upon his
recovery and return to the Philippines, he filed
claims for damages under MC 99. The airlines
contended that his flight from LA to San
Francisco, where the accident occurred, is not
an international carriage as it is a separate
contract from the rest. Since it is within the
same State Party and has no stopping place in
terriorties belonging to another state, MC 99
should not apply to this particular flight. Does
X may invoke the application of MC 99?
Ans: X may invoke the application of
MC 99.
Under the MC 99, Article 1(3), Carriage
to be performed by several successive carriers is
deemed to be one undivided carriage if it has
been regarded by the parties as a single
operation, whether it had been agreed upon
under the form of a single contract or of a series
of contracts, and it does not lose its international
character merely because one contract or a
series of contracts is to be performed entirely
within the territory of the same State.
In the case given, the contract of carriage was
formed during his booking; it is irrelevant that
For those who sacrifice, May the spirit of success
For those who endure, guide you.
- Lyndon
 Montreal Convention of 1999
Batch 2021●Lyndon J.C.
the last leg of his trip was performed entirely
within the territory of the same State.
CARRIAGE PERFORMED BY STATE
AND
CARRIAGE OF POSTAL ITEMS
In the carriage of postal items performed by the
State or by legally constituted public bodies, the
carrier shall be liable ONLY to the relevant
postal administration in accordance with the
rules applicable to the relationship between the
carriers and the postal administrations.
Exception: Except as provided in above
paragraph, the provisions of this Convention
shall not apply to the carriage of postal items.
CHAPTER II
DOCUMENTATION AND DUTIES OF
THE PARTIES RELATING TO THE
CARRIAGE OF PASSENGERS,
BAGGAGE AND CARGO
I. Passengers and Baggage
In carriage of passengers, an individual or
collective document of carriage shall be
delivered containing:
a. An indication of the places of departure
and destination
b. If the places of departure and destination
are within the territory of a single State
Party, one or more agreed stopping
places being within the territory of
another State, an indication of at least
one such stopping place
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The carrier shall deliver to the passenger a
baggage identification tag for each piece of
checked baggage.
The passenger shall be given written notice to
the effect that where this Convention is
applicable it governs and may limit the liability
of carriers in respect of death or injury and for
destruction or loss of, or damage to, baggage,
and for delay.
Query: Does the existence or validity of the
contract of carriage is affected by the non-
compliance with the foregoing requirements?
Ans: No. Article 3(5) of MC 99 provided
that Non-compliance with the provisions of the
foregoing paragraphs shall not affect the
existence or the validity of the contract of
carriage, which shall, nonetheless, be subject to
the rules of this Convention including those
relating to limitation of liability.
II. Cargo
In carriage of cargo, an air waybill shall be
delivered.
The air waybill or the cargo receipt shall
include:
a. An indication of the places of
departure and destination;
b. If the places of departure and
destination are within the territory of
a single State Party, one or more
agreed stopping places being within
the territory of another State, an
indication of at least one such stopping
place; and
c. An indication of the weight of the
consignment.
When there is more than one package:
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a. the carrier of cargo has the right to
require the consignor to make out
separate air waybills;
b. the consignor has the right to require
the carrier to deliver separate cargo
receipts when the other means of
preserving a record of the carriage other
than the delivery of an airway bill.
Note: the non-compliance with the documentary
requirements does not affect the validity of the
contract of carriage.
RESPONSIBILITY FOR PARTICULARS
OF DOCUMENTATION
The consignor (shipper) is responsible for:
a. For the correctness of the particulars and
statements relating to the cargo:
i. Inserted by it or on its behalf in
the airway bill; or
ii. Furnished by it or on its behalf to
the carrier for insertion in the
cargo receipt or for insertion in
the record preserved by the other
means other than an airway bill.
LIABILITY OF THE CONSIGNOR
(SHIPPER)
The consignor shall indemnify the
a. Carrier against all damage suffered by
it; or
b. By any other person to whom the carrier
is liable
by reason of the irregularity, incorrectness or
incompleteness of the particulars and statements
furnished by the consignor or on its behalf.
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The consignor is liable to the carrier for any
damage occasioned by the absence,
insufficiency or irregularity of any such
information that the consignor is ought to
furnish as necessary to meet the formalities of
customs, police and any other public authorities
before the cargo can be delivered to the
consignee.
Exception: Unless the damage is due to
the fault of the carrier, its servants or agents.
(Article 16[1], MC99)
LIABILITY OF THE CARRIER
The carrier shall indemnify the
a. Consignor against all damage suffered
by it; or
b. By any other person to whom the
consignor is liable.
by reason of the irregularity, incorrectness or
incompleteness of the particulars and
statements inserted by the carrier or on its
behalf in the cargo receipt or in the record
preserved by the other means other than the
airway bill.
Note: The carrier is under no obligation to
enquire into the correctness or sufficiency of the
information that is necessary to meet the
formalities of the customs before delivery can
be made to the consignee (Article 16[2], MC99)
EVIDENTIARY VALUE OF
DOCUMENTATION
The air waybill or the cargo receipt is prima
facie evidence of the conclusion of the contract,
of the acceptance of the cargo and of the
conditions of carriage mentioned therein.
Any statements in the air waybill or the cargo
receipt relating to the:
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a. weight, dimensions and packing of the
cargo,
b. as well as those relating to the number
of packages,
are prima facie evidence of the facts stated.
Those relating to the:
a. quantity;
b. volume; and
c. condition of the cargo
do not constitute evidence against the carrier.
Exception: except so far as they both
have been, and are stated in the air waybill or
the cargo receipt to have been, checked by it in
the presence of the consignor, or relate to the
apparent condition of the cargo.
RIGHT OF DISPOSITION OF CARGO
The consignor has the right to dispose of the
cargo:
a. By withdrawing it at the airport of
departure or destination;
b. By stopping it in the course of the
journey on any landing;
c. By calling for it to be delivered at the
place of destination or in the course of
the journey to a person other than the
consignee originally designated;
d. By requiring it to be returned to the
airport of departure.
The abovementioned rights can be exercised
when the following requirements are present:
i. The consignor must not exercise this
right of disposition in such a way as
to prejudice the carrier or other
consignors
ii. The consignor must reimburse any
expenses occasioned by the exercise
of this right.
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Note:
 If it is impossible to carry out the
instructions of the consignor, the carrier
must so inform the consignor forthwith.
 If the carrier carries out the instructions
of the consignor for the disposition of
the cargo WITHOUT requiring the
production of the part of the air waybill
or the cargo receipt delivered to the
latter, the carrier will be LIABLE,
without prejudice to its right of recovery
from the consignor, for any damage
which may be caused thereby to any
person who is lawfully in possession of
that part of the air waybill or the cargo
receipt.
Query: When does the consignor (shipper)
ceases to have the aforementioned rights?
Ans: Article 12(4) of MC99 states that
the rights conferred on the consignor ceases at
the moment when that on the consignee begins.
Exception: if the consignee declines to
accept the cargo, or cannot be
communicated with, the consignor
resumes its right of disposition.
RIGHTS OF CONSIGNEE OF THE
CARGO
The consignee is entitled, on arrival of the cargo
at the place of destination:
i. To require the carrier to deliver the
cargo to it. Provided that he paid the
charges due and on complying with
the conditions of carriage
General Rule: it is the duty of the carrier to give
notice to the consignee as soon as the cargo
arrives.
 Montreal Convention of 1999
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Exception: Unless it is otherwise agreed by the
parties.
The consignee is entitled to enforce against the
carrier the rights which flow from the contract
of carriage if:
1. The carrier admits the loss of the cargo;
or
2. If the cargo has not arrived at the
expiration of 7 days after the date on
which it ought to have arrived.
Note: The consignor and the consignee can
respectively enforce all the rights given to
them, each in its own name, whether it is acting
in its own interest or in the interest of another,
provided that it carries out the obligations
imposed by the contract of carriage.
CHAPTER III
LIABILITY OF THE CARRIER AND
EXTENT OF COMPENSATION FOR
DAMAGE
I. Death and Injury of Passengers —
Damage to Baggage
1. The carrier is liable for damages
sustained in case of DEATH or
BODILY INJURY. Provided, the
accident which caused the death or
injury took place on board the aircraft or
in the course of any of the operations of
embarking or disembarking
2. The carrier is liable for damages
sustained in case of:
a. DESTRUCTION OR LOSS OF,
OR DAMAGE TO, CHECKED
BAGGAGE. Provided that the
event which caused the
destruction, loss or damage took
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place on board the aircraft or
during any period within which
the checked baggage was in the
charge of the carrier
i. Exception: The carrier is
not liable if and to the
extent that the damage
resulted from the
INHERENT DEFECT,
QUALITY OR VICE of
the baggage.
b. DESTRUCTION OR LOSS OF,
OR DAMAGE TO,
UNCHECKED BAGGAGE,
INCLUDING PERSONAL
ITEMS. Provided that the
damage resulted from the
carrier’s fault or that of its
servants or agents.
3. The carrier liable to the passenger if:
a. The carrier admits the loss of
checked baggage; or
b. If the checked baggage has not
arrived at the expiration of 21
days after the date on which it
ought to have arrived.
Note: In cases of cargo, after 7 days the right of
action will arise, while in cases of baggage, 21
days are needed before an action may be filed.
II. Damage to Cargo
1. The carrier is liable for damage
sustained in the event of the
DESTRUCTION OR LOSS OF, OR
DAMAGE TO CARGO. Provided that
the event which caused the damage so
sustained took place during the carriage
by air.
a. Exception: the carrier is not
liable if and to the extent it
proves that the destruction, or
 Montreal Convention of 1999
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loss of, or damage to, the cargo
resulted from one or more of the
following:
i. Inherent defect, quality or
vice of that cargo;
ii. Defective packaging of
that cargo performed by a
person other than the
carrier or its servants or
agents;
iii. An act or war or an armed
conflict;
iv. An act of public authority
carried out in connection
with the entry, exit or
transit of the cargo.
Note: the period of the carriage by air does not
extend to any carriage by land, by sea or inland
waterway performed outside an airport
Exception: If such carriage takes place in
the performance of a contract of carriage by air,
for the purpose of loading, delivery or
transshipment, any damage is presumed, subject
to proof to the contrary.
III. Delay of Passenger, Baggage or
Cargo
The carrier is liable for damage occasioned by
delay in the carriage by air of passengers,
baggage or cargo
Exception: The carrier shall not be liable
for damage occasioned by the delay if it proves
that it and its servants and agents took all
measures that could reasonably be required to
avoid the damage or that it was impossible for it
or them to take such measures.
IV. Exoneration of Carrier
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If the carrier proves that the damage was caused
or contributed to by the negligence or other
wrongful act or omission of:
1. the person claiming compensation; or
2. The person from whom he or she derives
his or her rights.
The carrier shall be wholly or partly exonerated
from its liability to the claimant. To such extent
that such negligence or wrongful act or
omission caused or contributed to the damage.
The common carrier shall likewise be wholly or
partly exonerated from its liability, in cases of
death or injury of a passenger compensation is
being claimed, to the extent that it proves that
the damage was caused or contributed by the
negligence or other wrongful act or omission of
that passenger.
COMPENSATION IN CASE OF DEATH
OR INJURY OF PASSENGERS
For damages arising from DEATH or BODILY
INJURY:
1. Not exceeding 100,000 Special Drawing
Rights (SDR) for each passenger, the
carrier shall not be able to exclude or
limit its liability
2. In cases that the damage exceeds
100,000 SDR, the carrier may present
evidence to exclude or exonerate itself
from liability. If he proves that:
a. Such damage was not due to the
negligence or other wrongful act
or omission of the carrier or its
servants or agents; or
b. Such damage was solely due to
the negligence or wrongful act or
omission of a third party.
 Montreal Convention of 1999
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LIMITS OF LIABLITY IN RELATION TO
DELAY, BAGGAGE AND CARGO
1. In the case of damage caused by
DELAY OF PASSENGER, the liability
of the carrier for each passenger is
limited to 4,150 SDR.
Note: This provision will not apply if it is
proved that the damage resulted from an act or
omission of the carrier, its servants or agents:
 Done with intent to cause damage
 Done recklessly and with knowledge
that damage would probably result
 That the abovementioned acts or
omission of a servant or agent was
acting within the scope of its
employment.
2. The liability of the carrier in the case of
DESTRUCTION, LOSS, DAMAGE,
OR DELAY OF BAGGAGE is limited
to 1,000 SDR for each passenger.
a. Exception: Unless the passenger
has made, at the time when the
checked baggage was handed
over to the carrier,:
i. a special declaration of
interest in delivery at
destination; and
ii. a supplementary sum if
the case so requires.
The carrier will be liable to pay a
sum not exceeding the declared
sum.
b. Exception to the exception: The
carrier may prove that the sum
declared by the passenger is
greater than the latter’s actual
interest in delivery at destination
Note: This provision will not apply if it is
proved that the damage resulted from an act or
omission of the carrier, its servants or agents:
 Done with intent to cause damage
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 Done recklessly and with knowledge
that damage would probably result
 That the abovementioned acts or
omission of a servant or agent was
acting within the scope of its
employment.
3. The liability of the carrier in case of
DESTRUCTION, LOSS, DAMAGE OR
DELAY OF CARGO, is limited to a
sum of 17 SDR per kilogramme.
a. Exception: Unless the consignor
has made, at the time when the
package was handed over to the
carrier,:
i. A special declaration of
interest in delivery at
destination
ii. Has paid a supplementary
sum if the case so
requires.
The carrier will be liable to pay a
sum not exceeding the declared
sum
b. Exception to the exception: : The
carrier may prove that the sum
declared by the passenger is
greater than the latter’s actual
interest in delivery at destination
In case of destruction, loss, damage or delay of
PART OF THE CARGO, OR OF ANY
OBJECT CONTAINED THEREIN, the weight
to be taken into consideration in determining the
amount to which the carrier’s lability is limited
shall be only the total weight of the package/s
concerned.
 Exception: When the destruction,
loss, damage or delay of a part of
the cargo, or of an object
contained therein, affects the
value of other packages covered
by the same air waybill, the total
 Montreal Convention of 1999
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weight of such package/s shall be
taken into consideration.
4. The limits aforementioned shall not
prevent the court from awarding, in
accordance with its own law, in addition,
the whole or part of the court costs and
other expenses of the litigation incurred
by the plaintiff, including interest.
5. The limits may be availed by a servant
or agent if there is an action that is
brought against them out of damage to
which the Convention relates if they
prove that:
a. They acted within the scope of
their employment
STIPULATION ON LIMITS
A carrier may stipulate that the contract of
carriage shall be subject to higher limits of
liability than those provided for in this
Convention
Note: Any provision tending to relieve the
carrier of liability or fix a lower than that which
is laid down in this Convention shall be null and
void. But the nullity of any of such provision
will not affect the validity of the whole contract.
Nothing contained in this Convention shall
prevent the carrier from refusing to enter into
any contract of carriage, from waiving any
defenses available under the Convention, or
from laying down conditions which do not
conflict with the provisions of this Convention.
ADVANCE PAYMENTS
In case of aircraft accidents resulting in:
a. Death; or
b. Injury of passengers,
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the carrier shall, if required by its national law,
make advance payments without delay to a
natural person/s who are entitled to claim
compensation in order to meet the
IMMEDIATE ECONOMIC NEEDS of such
persons.
Theoretical Case Question:
X died in a plane crash bound from
Jakarta to Ghana which was owned and
operated by ABC Airlines. In X’s national law,
a mandatory advance payment should be made
to the family to take care of the immediate
needs of the wake and burial of X. ABC
Airlines proceeded to make the necessary
advance payments. By the time that X was
properly buried, the family filed a claim to the
court asking for damages. They contended that
since ABC Airlines paid them the mandatory
advance payment for X’s burial, the latter
impliedly admit and recognize its liability. Is the
contention of X’s heirs valid?
Ans: No, the heirs cannot claim that the making
of advance payment was in any way an
admission of liability of ABC Airlines. Article
28, of MC99 stated that the advance payment
made shall not constitute a recognition of
liability. And if in case that the ABC Airlines is
liable, such amount made may be offset against
to the award of damages to X’s heirs.
TIMELY NOTICE OF COMPLAINTS
Receipt by the person entitled to delivery of
checked baggage or cargo without complaint is
prima facie evidence that the same has been
delivered in good condition and in accordance
with the document of carriage
In case of damage, the person entitled to
delivery must:
 Montreal Convention of 1999
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a. Complain to the carrier forthwith after
the discovery of the damage.
b. The complaint must be made within 7
days from the receipt of checked
baggage and 14 days after the receipt of
cargo.
c. In case of delay, the complaint must be
made at the latest within 21 days from
the date on which the baggage/cargo
have been placed at his disposal.
General Rule: Upon the expiration of the said
times, no action shall lie against the carrier
Exception: save in case of fraud on the
part of the carrier
Note: Every complaint must be made in writing
and given or dispatched within the times
aforesaid.
Query: What if the person liable to pay the
damages died. Is there any recourse available to
the victims?
Ans: Yes, under Article 32 of MC99, in
case of the death of the person liable, an action
for damages lies against those legally
representing his or her estate.
JURISDICTION
An action for damages must be brought, at the
option of the plaintiff,
a. In the territory of one of the State
Parties;
b. Either before the court of domicile of the
carrier;
c. Principal place of business of the carrier;
d. Where it has a place of business through
which the contract has been made;
e. Before the court at the place of
destination.
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In case of damage resulting to the death or
injury of a passenger, an action may be brought
before one of the courts mentioned above (a-e)
or in the territory of a State Party which at the
time of the accident of the passenger has his
principal and permanent residence.
LIMITATION OF ACTIONS
(PRESCRIPTION)
The right to damages shall be extinguished if an
action is not brought within a period of two
years, reckoned from:
1. The date of arrival at the destination; or
2. From the date on which the aircraft
ought to have arrived; or
3. From the date on which the carriage
stopped
SUCCESSIVE CARRIAGE
In the case of carriage to be performed by
various successive carriers and falling within the
requirements of being covered by this
Convention, each carrier which shall accepts
passengers, baggage or cargo is deemed to be
one of the parties to the contract of carriage in
so far as the contract deals with that part of the
carriage which is performed under its
supervision.
In successive carriage, the passenger or any
person entitled to compensation in respect of
him or her can take action ONLY against the
carrier which performed the carriage during the
accident or the delay occurred.
Exception: Where by express agreement
the first carrier has assumed liability for the
whole journey.
In case of baggage or cargo, the following rules
shall apply:
1. The passenger or consignor will have
a right of action against the FIRST
CARRIER; and
 Montreal Convention of 1999
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2. The passenger or consignee who is

entitled to delivery will have a right
of action against the LAST
CARRIER.
Each may take action against the carrier which
performed the carriage during which the
destruction, loss, damage or delay took place.

RESPECTIVE LIABILITY OF
CONTRACTING AND ACTUAL
CARRIERS

The acts and omissions of the ACTUAL

CARRIER and of its servants and agents
acting within the scope of their employment
shall, in relation to the carriage performed
by the actual carrier, be deemed to be also
those of the contracting carrier.

The acts and omissions of the CONTRACTING

CARRIER and of its servants and agents acting
within the scope of their employment shall, in
relation to the carriage performed by the actual
carrier, be deemed to be also those of the actual
carrier.
Proviso: The actual carrier’s liability
shall not exceed the amount stated in the
Chapter III above.

ADDRESSEE OF COMPLAINTS AND

INSTRUCTIONS

Any complaint to be made or instruction to be

given to the carrier shall have the same effect
whether addressed to the contracting carrier or
to the actual carrier.

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