AVIATION LAW
state regulation of air travel in view of
- First Airline: Philippine Airways Service,
Inc.
- Messenger- Hot air balloon
Case of Jose Mendoza v. Philippine Air Lines,
Inc. Discussion regarding whether or not air
transportation be considered a common carrier.
- Common carrier as it is just the same
with water/land transportation.
- Reason why it is not included in the
COC was because air on a commercial
basis was not yet known.
- The test of whether one is a common
carrier by air is whether he holds out
that he will carry for hire.
CHAPTER 7
THE AIRCRAFT AND CIVIL AVIATION
Applicable laws
- NCC provisions on common carrier
apply to transportation by air.
- R.A. No. 9467 otherwise known as the
civil aviation authority act of 2008 (law
governing civil aviation)
- Civil aviation regulations issued by Civil
Aviation Authority of the Philippines.
- R.A. No. 776—governs economic
regulation of air transportation.
- Treaties and convention such as
Warsaw convention applies to
liabilities of the carriers in
international transportation by air.
- Chicago convention.
Regulatory Perspectives
- First: authority to operate air services
in the Philippines derives from its
legislative franchise.
- Second: Subject to the other laws of
the Philippines.
- Third: significant public interest in
considerations of public safety—
domestic and international commerce,
etc.
Civil aviation
- Aeronautics or aviation refers to the
science and art of flight.
- Refers to the operation of any civil
aircraft for the purpose of general
aviation operations, aerial work or
commercial air transport operations.
- Any machine that can derive support in
the atmosphere from the reactions of
the air.
- Includes only civil aircraft and not
public/state aircraft.
Registration of Aircraft
- Registered in the Philippines in
accordance with the requirements of
the Civil Aviation Authority act of 2008.
- These provisions are as follows:
Section 43. Establishment of registry- The
authority shall:
a. Establish and maintain a system for the
national registration of aircraft in the
Philippines;
b. Establish and maintain a system for the
registration of liens, mortgages, or
other interests in aircraft or aircraft
engines;
c. Have sole authority to register aircraft
and liens, mortgages, or other interests
in aircraft or aircraft engines.
Section 44- Eligibility for registration
- Unless otherwise provided, no aircraft
shall be registered if it is not owned by
Filipinos at least 60% capital.
- Certificate of registration is conclusive
evidence of ownership.
Section 45. Application of aircraft registration
- The application shall be made in
writing, signed and sworn to by the
owner or lessee of any aircraft or
aircraft engine eligible for registration.
- The application shall also state:
a. Date and place of filing;
b. Specification, construction, and
technical description of the aircraft
or aircraft engine;
c. Other information as may be
required by the authority in such
manner and form as the authority
may prescribe by regulation.
Section 46. Issuance of certificate of
registration
- Eligibility will be determine by director
general.
Section 47. Nationality
- Aircraft will acquire Philippine
nationality when registered pursuant
to this act.
Section 48. Revocation
- Can be revoked by the authority for any
cause which renders the aircraft
ineligible for registration.
Section 54. Previously unrecorded ownership
- Certificate of airworthiness of
previously unrecorded ownership—
should contain information that the
director general deemed necessary.
Certificate
- Philippine nationality if issued under
CAA.
- Conclusive evidence of nationality for
international purposes.
Requirements for eligibility for registration
1. The aircraft is owned by or leased to a
citizen of the Philippines or
corporations or associations organized
under the laws of the Philippines at
least 60% is owned by Filipino Citizens;
and
2. The aircraft is not registered under the
laws of any foreign country.
Exception: if foreign owned or registered
aircraft may be registered if utilized by
members of aero clubs organized for
RECREATION, SPORT, and OR THE
DEVELOPMENT OF FLYING SKILLS as a pre-
requisite to any aeronautical activities.
Note: No aircraft can be operated in the
Philippines unless it displays nationality and
registration marks.
- Nationality mark for Philippine
registered aircraft is RP.
Recording of conveyance
- Conveyances made or executed—
affects title, interest, in any aircraft in
Philippine registry—shall be registered
with CAAP.
- Provisions of the CAAP of 2008:
Section 49. Conveyance be recorded
- Recorded in CAA.
- Retroacts from the date of its record.
Section 50. Form of conveyance
- Same requirements for the registration
of document similar to the land
registration process.
- Interest in the aircraft of the person by
whom such conveyance is made or
executed.
Section 51. Establishment of system of
Recording
 - Authority shall have a national system
for recording documents that affect the
title or any interest therein.
Section 52. Method of recording
a. Identifying description of the
aircraft;
b. Names of the parties to the
conveyance;
c. Date of the instrument and the
date and time it is recorded;
d. The interest in the aircraft
transferred by the conveyance;
e. If such conveyance is made as
security for indebtedness, the
amount and date of maturity of
such indebtedness, and;
f. All particular estates, mortgages,
liens, leases orders, and other
encumbrances and all decrees,
instruments, attachments, or
entries affecting aircraft and other
matters properly determined under
this act.
Section 53. Validity before filing
- Not valid unless the document is
registered in the recording system.
Validity of the registration of voluntary
dealings with the CAAP is subject to the
following rules:
1. Registration is valid only with respect
to the parties and their heirs,
assignees, executors, administrators,
devisees, or successors in interest, and
any person having actual notice.
2. The registration is valid as against all
persons and any instrument.
Marine insurance
- Falls under marine insurance under
Insurance code.
AIR TRANSPORTATION IN GENERAL
- Includes scheduled or non-scheduled
air transport services for pay or for hire
—navigation of aircraft in furtherance
of a business or an aircraft operation
involving the transport of passengers,
cargo, or mail for remuneration or hire.
- Domestic air commerce- includes air
commerce within the limits of the
Philippine territory.
- Domestic air transport- air
transportation within the limits of the
Philippine territory.
- Foreign air transport- refers to air
transportation between the Philippines
and any place outside it.
- International commercial air transport-
refers to the carriage by aircraft of
persons or property for remuneration
or hire or the carriage of mail between
2 or more countries.
Persons involved in air transportation
- Regulated by CAA which principally
include the AIR CARRIER OR
OPERATOR.
- Air operators may either be a Philippine
or foreign air carrier.
- Air operators,
- Airman includes pilot, mechanic,
aeronautical engineer, flight radio
operator and person directly in charge
of inspection, maintenance,
overhauling, or repair of aircraft, etc.
CAB regulates persons and entities that are
involved in the economic aspects of air
transportation.
- general sales agent, charterers, cargo
sales agent, air freight forwarders, off
line carrier, air taxi operator.
CAB is now regulating remotely piloted
aircraft. CAB issues CPCN—RPA—for lawful
trade or business.
- RPA does not carry human operator
and which uses aerodynamic forces to
provide vehicle lift.
-
Charter of Aircraft
- Charter trips are regulated by CAB.
- Charter trip means air transportation
performed by an air carrier—where the
entire capacity of one or more
aircraft/less than the entire capacity has
been engaged for the movement of
persons and their personal baggage.
a. Sole use;
b. By a representative;
c. Airfreight forwarded holding a
currently effective permit
Charter of aircraft may be classified into:
1. On route charter;
- Performed an air carrier which is
authorized by a CPCN or foreign air
carrier permit.
2. Off route charter;
- All air carrier which is not on route.
3. Pro-rata charter;
- Charter the cost of which is divided
among the passenger transported.
4. Single entity charter; and
- charter the cost of which is borne by
the charterer and not by individual
passengers, directly or indirectly.
5. Mixed charter.
- Cost be borne partly by charter
participants/charterer.
Sovereignty and air freedoms
- Pursuant to Chicago Convention- the
contracting states recognize that every
state has complete and exclusive
sovereignty over the airspace above its
territory.
- Consent is necessary for other states to
operate within the territory of
another.
- Bilateral system: requires treaty where
it indicates air traffic negotiations.
Freedom of the air
- In the air service agreement, freedoms
are enumerated by the International
Civil Aviation Organization.
First freedom
- Right of privilege in respect of
scheduled international air services
granted by one state to another—
without landing.
Second freedom
- Right of privilege in respect of
scheduled international air services,
granted by one state to another TO
LAND IN ITS TERRITORY FOR NON-
TRAFFIC PURPOSES.
Third freedom
- Right or privilege… to put down in the
territory of the first state, traffic
coming from the home state of the
carrier.
Fourth freedom
- Right or privilege… destine for the
home of the carrier.
Fifth freedom
- Right or privilege…destined to a third
state.
First 5 freedoms are recognized as such by
international treaty.
 - These freedoms are contained in the
INTERNATIONAL AIR TRANSPORT
AGREEMENT
Sixth, seventh, and eighth are the so-called
freedom.
Cancellation of commercial agreement
- CAB has the authority to compel local
air carriers to comply with government
determined policies, even at the
expense of economic rights.
Cabotage
- 2 types of cabotage:
1st one: Consecutive cabotage which is
the right or privilege in respect of
scheduled international air services of
transporting cabotage traffic between 2
points in the territory of the granting
state on a service which originates or
terminates in the home country of the
foreign carrier.
- 2nd one: Stand Alone Cabotage- within
the territory of the granting state.
Note: Philippine has not granted the right of
cabotage in this jurisdiction.
CHAPTER 8
OBLIGATIONS OF CARRIER IN
TRANSPORTATION
Extraordinary diligence in air transportation
- Due diligence in air transportation
includes the obligation to make sure
that AIRCRAFT IS AIRWORTHY—
including the vessel having competent
captain and crew—extraordinary
diligence.
- It also includes ensuring well-trained
crew and ensuring compliance with the
designated route.
Issuance of tickets
- Issuance of confirmed ticket by an
airline is a guarantee to the passenger
that the airline would honor the tickets
—assure him of a space in the flight—
transport him with the corresponding
trip.
- Such issuance is included in the duty of
exercising extraordinary diligence.
Airworthiness
- Fit to transport goods and passengers.
- Section 3 of CAA of 2008 states
airworthiness means that an aircraft,
its engines, propellers, and other
components and accessories are of
proper design and construction—safe
for air navigation purposes
- Under civil aviation regulation—
registered owner or operator is
responsible for maintaining the
airworthy condition. CAAP requires:
1. Certification of aircraft and
aeronautical components;
2. Issuance of certificate of
airworthiness and other certs for
aero products;
3. Continued airworthiness of aircraft
and aeronautical components;
4. Rebuilding and modifications of
AIR aircraft and aero components;
5. Maintenance of aircraft and aero
components;
6. Aircraft inspection requirements;
7. Air operator aircraft maintenance
and inspection requirements.
Tariff System
- Rule/condition of air travel which is
imposed by air carriers with the
approval of CAAB.
- Provided in the ticket being in the
nature of contracts of adhesion.
Care of baggage
- With respect to goods—failure of the
carriers to exercise due diligence
includes their failure to take care of the
baggage of carrier’s passengers.
Baggage of cargo inside the cabin
- Carry-on baggage—part 8 of the CIVIL
AVIATION REGULATIONS.
Duty to passenger
- Strictly more accommodating towards
customers, passengers, and the public
—being engaged in the business of
rendering public service which is the
main reason of their enfranchisement
and recognition in law.
- Passenger have a right to be treated
with kindness, respect, courtesy, and
consideration.
- Instances where air carriers were made
to pay moral damages:
a. Inattention to and lack of care for
the interest of the passenger and
inordinate delay in addressing
complaints and claims;
b. Rude and discourteous treatment
by employees;
c. Failure to provide accommodations
and assistance to stranded
passengers;
d. Cancellation of confirmed
reservation, transfer, or
downgrading to another class;
e. Forcibly ejecting a passenger from
a seat and transferring him to
another;
f. Off-loading of passenger before the
final destination;
g. Etc.
Breach of contract:
Physical injuries to passengers
- Negligence of airline personnel, and the
like.
Downgrading and Upgrading passengers
- Breach when Airline Company bumped
off a passenger with confirmed
reservation or downgraded the
passenger’s seat from one class to
lower class and even upgrading.
- Consent is necessary.
Delay and diversion of flight
- Carrier is not liable if the delay was
due to fortuitous event.
- The carrier is still duty-bound to
safeguard the comfort, convenience,
and safety of its stranded passengers.
Rude treatment
- Carrier may be held liable for the rude
and discourteous treatment of its
passengers not only by the crew inside
the vessel but also the staff in the
airport as well as the staff in branch
offices of the carrier.
Over-booking
- Considered breach of contract—will
cause discomfort and not proper
accommodation which air carrier is
obliged to observe.
Cancellation due to engine malfunction
- Regardless, air carrier has the duty of
fulfilling its responsibility of carrying
them to their contracted destination
on the most convenient route possible.
DENIED BOARDING PASSENGERS
- There would be breach of contract on
the part of the carrier if its employees
will refuse to accept the passenger
with confirmed tickets.
 - Under CAR, operator may deny
transportation if a passenger:
1. Refuses to comply with the
instructions regarding exist seating
restrictions prescribed by CAAP;
2. Has handicap that can be physically
accommodated only by an exit row
seat.
- Applicable rule: Economic regulation
No. 7
Deliberate overbooking amounts to bad faith.
10%
Honest mistake
- Economic regulation No.7 covers only
honest mistake on the part of carriers.
Priority rules:
a. Thru passengers on board shall have
first priority at said intermediate
station;
b. Connecting confirmed passengers
excluding stop-over passengers shall
have second priority at the connecting
intermediate stations;
c. Originating confirmed passengers-
third priority;
d. Passengers with conditional
reservation tickets- fourth priority;
e. Chance passengers- first come first
served basis.
BILL OF RIGHTS FOR AIR PASSENGERS
- DTOC-DTI Joint Administrative Order
No. 1, series of 2012 that was
implemented by the CAB in Economic
regulation No. 9 which provides a Bill
of Rights for Air Passengers and Carrier
Obligations.
- Contract of carriage creates an
asymmetrical relationship between an
air carrier and a passenger
- Economic regulation No. 9 providing for
the Bill of Rights of passengers.
- Terminal and tarmac delay. Former
occurs while passengers are still inside
the terminal waiting for boarding while
Tarmac delay occurs while on board.
- Chapter 2 provides for the right to be
provided with accurate information
before purchase.
- Chapter 3 provides for the right to
receive the full service of the service
purchased.
- Chapter 4 is for the right to
compensation.
Inspection of Aircraft and Cargo
- Duty to inspect aircraft is mandated
under RA No, 6235 which prohibits acts
inimical to civil aviation.
1. Aircraft companies which operate as
public utilities or aircraft which are for
hire are authorized to open and
investigate suspicious packages and
cargoes in the presence of the owner
or shipper, or his representative.
- If the owner refuses—the air carrier is
authorize not to accept the loading
thereof.
2. Every ticket issued to a passenger by
the airline or air carrier shall contain the
following condition: “holder hereof and
his hand-carried luggage are subject to
search for, and seizure of, prohibited
materials or substances. A holder who
refuses to be searched shall not be
allowed to board the aircraft and such
condition shall constitute a part of the
contract between the passenger and
the air carrier.”
Director General of the CAAP is authorized to
have access to all civil aircraft for inspection.
The director shall have also the right to detain
civil aircraft if:
 1. The aircraft may not be airworthy;
2. The airman may not be qualified or
physically or mentally capable for the
flight; or
3. Operation would cause imminent
danger to persons or property on the
ground.
Common carrier is entitled to fair
representation of the nature and value of the
goods to be carried.
- A carrier has no obligation to inquire
into the correctness or sufficiency of
information given.
- There must exist proof that would
justify cause for apprehension—that
the baggage is dangerous as to warrant
exhaustive inspection or even refusal
to accept carriage of the same.
- In one case, the court declared that
airport searches are outside the
protection of the search and seizure
clause. There is no reasonable
expectation of privacy in this type of
search.
Applicable law
- Carrier is not deemed to have
exercised extraordinary diligence if it
did not exercise its duty to inspect as
mandated by RA No. 6235.
- Passengers and goods of aircrafts are
subject to rigorous inspection.
- Rule for the carriage of dangerous
goods by air are governed by part 18 of
the CAR issued by the CAAP.
- Dangerous goods are articles or
substances which are capable of posing
a risk to the health, safety, property or
the environment.
- There are 9 classes of dangerous goods:
1. Explosives;
2. Gasses;
3. Flammable liquids;
4. Flammable solids;
5. Oxidizing substances and organic
peroxides;
6. Toxic and infectious substances;
7. Radioactive;
8. Corrosive substances;
9. Miscellaneous dangerous substances.
CHAPTER 9
THE WARSAW CONVENTION
- Formally called “The convention for the
unification of certain rules relating to
international transportation by air”
- Ratified in the Philippines on November
9, 1950. Was amended by Hague
Protocol on November 30, 1996 which
the latter took effect on February 7,
1951.
- The Warsaw convention was later
amended by GUATEMALA AND
MONTREAL PROTOCOLS in 1971 and
1975. However, Philippines has not
acceded to said protocols.
BINDING EFFECT
- Applies to all international
transportation of persons, baggage, or
goods performed by an aircraft
GRATUITOUSLY OR FOR HIRE.
PURPOSES
- The Warsaw convention was designed
to protect and promote the
international airline industry.
- Seeks to balance the interest of
passengers seeking recovery for
personal injuries and the interests of air
carriers seeking to limit potential
liability.
 - Provide uniformity of rule governing
claims arising from international air
travel.
CONSTITUTIONALITY
- In the case of Santos III v. Northwest
orient Airlines, SC relied on the
presumption of constitutionality, it
being a joint legislative-executive act.
COVERAGE
- The warsaw convention on air
transport applies to international air
carriage.
- The Warsaw Convention provides that
the carrier is liable in international air
transportation for loss, damage, or
delay in the delivery of cargoes and
death or injury to passengers in the
following instances:
a. Article 17. The carrier shall be liable for
damage sustained in the event of the
death or wounding of a passenger or
any other bodily injury suffered by a
passenger if the accident which caused
the damage so sustained took place on
board the aircraft or in the course of
any of the operations of embarking or
disembarking.
b. Article 18 (1) the carrier shall be liable
for damage sustained in the event of
the destruction or loss of, or of damage
to, any checked baggage, or any goods,
if the occurrence which caused the
damage so sustained took place during
transportation by air.
c. - (2) the transportation by air within the
meaning of the preceding paragraph
shall comprise the period during which
the baggage or goods are in charge of
the carrier, whether in an airport or on
board an aircraft, or, in the case of a
landing outside an airport—in any
place. - (3) the period of the
transportation by air shall not extend
to any transportation by land, sea, or
by river outside an airport. However, if
for purposes of loading, delivery, or
transshipment, any damage is
presumed subject to proof to the
contrary, to have been the result of an
event which took place during the
transportation by air.
d. Article 19. The carrier shall be liable for
damage occasioned by delay in the
transportation by air of passengers,
baggage, or goods.
Warsaw convention does not cover cases
between consignor/consignee. It does not also
cover experimental trial by air
navigation/extraordinary circumstances.
MEANING OF INTERNATIONAL
TRANSPORTATION
There is international transportation when:
1. The place of departure and place of
destination are within territories of 2
contracting countries—regardless
whether or not there was a break in the
transportation or transshipment.
2. The place of departure and destination
are within the territory of single
contracting country if there is an
agreed stopping place within a
territory subject to the sovereignty.
Agreed stopping place
- According to the contract, the machine
by which the contract is to be
performed will stop in the course of
performing the contractual carriage—
whatever the purpose of the descent
may be—whatever rights the passenger
 may have to break his journey at that
place.
PERIOD COVERED BY INTERNATIONAL
TRANSPORTATION
- Period during which the baggage or
goods are in charge of the carrier,
whether in an airport or on board an
aircraft, or in the case of a landing
outside an airport, in any place. It does
not cover any transportation by land,
sea, or river performed outside an
airport.
WHEN INTERNATIONAL CARRIER IS LIABLE
- Liable when:
a. There is death or an injury to a
passenger;
b. The death or injury was caused by
accident;
c. Accident happened on board, the
aircraft, or while the passenger is
embarking or disembarking.
LIMIT OF LIABILITY
- Limited only on what is provided under
Article 22 paragraph 1:
- Transportation of passengers= each
passenger, carrier liable for 125 francs.
- Damages may be awarded in the form
of periodical payment not exceeding
125k francs.
- Nevertheless, parties may execute a
special contract.
- Transportation of goods= 250k francs
per kilo, unless there is a special
declaration.
- Objects which the passenger takes
charge himself= 5,000 per passenger;
- Guatemala protocol boosted the
limited.
MONTREAL AGREEMENT AND CAB RULES ON
LIMIT OF LIABILITY
- Despite the non-ratification the
montreal agreement, section 15 of the
economic regulations No. 9 of the CAB
provides the following rules on the
limited liability for death or bodily
injury to a passenger.
- 1966 montreal inter-carrier agreement
that brought about the 75k us dollars
limit with respect to passenger injury.
- Agreement is now applicable by
operation of law even to non-signatory
inter-line carriers that perform services
in a sector of an over-all journey to
which agreement is applicable.
TARIFF LIMITATIONS
- Air carrier is not liable for the loss of
baggage in an amount in excess of the
limits specified in the tariff which was
filed with proper authorities—such
tariff agreement being binding on the
passenger regardless of the passenger’s
lack of knowledge or assent.
DEFENSES AGAINST LIMIT OF LIABILITY.
- Not applicable in cases of:
1. Willful misconduct;
2. Gross negligence;
3. Absence of baggage check;
4. Waiver on the part of the carrier;
5. Carrier is estopped from invoking
the provision on limit of liability.
Willful misconduct
- Performance of an act or failure to act
with knowledge that the act will
probably result in injury or damage—to
imply damage, reckless disregard of the
consequences of its performance.
- 3 elements of willful misconduct:
a. An intentional act or omission
done with conscious awareness
that such an act or omission was
wrongful;
 b. An awareness of the probable
consequences of an act or
omission;
c. Causal relationship between the
act or omission and the injury
sustained.
Gross negligence
- Amounts to bad faith or willful
misconduct.
Absence of ticket
- Article 3 (1) of the Warsaw convention
provides that for the transportation of
passengers—the carrier must deliver a
passenger ticket which shall contain the
particulars—including that the liability
is subject to limited liability pursuant to
Warsaw convention.
- Same requirements for goods—
issuance of waybill.
- Carrier is unlimitedly liable if it accepts
passenger without a passenger ticket.
Absence of baggage check
- Case of PAL v. CA stated that absence of
baggage check will deprive the air
carrier with regard limited liability.
- Explicitly provided under Warsaw
convention.
Waiver
- Limited liability are subject to waiver—
express or implied. Such as when the
carrier failed to raise timely objections
during the trial
- Such right is a mere privilege that can
be waived.
Estoppel
- SC ruled in case that a carrier may be
estopped from claiming the benefit of
the provisions of limited liability.
Defense against liability
- Other provisions in Warsaw providing
defenses that may be raised by the
carrier:
a. Article 20 (1) carrier is not liable if
he proves that he and his agents
have taken all necessary measures
to avoid the damage or that it was
impossible for him to take such
measures.
b. Article 21 if there is contributory
negligence of the injured party.
Tort liability
- Warsaw convention does not provide
for an exclusive list of instances when
the carrier is liable.
- Hence, a complaint for quasi-delict can
still be filed even if the filing is beyond
the prescriptive period provided for
under the convention so long it is
within the 4 year period provided
under the NCC.
Venue of action
- Under article 28 paragraph 1 of the
Warsaw Convention—the plaintiff must
bring the action for damages before:
1. Court where the carrier is
domiciled;
2. Court where the carrier has its
principal place of business;
3. Court where the carrier has an
establishment by which the
contract has been made; or
4. The court of place of destination.
Only when the jurisdiction is determined will
the issue of venue be taken up.
- Allegations of tort do not bring the case
outside the ambit of the Warsaw
convention.
Notice of claim or complaint
 - Article 26 of the Warsaw Convention - The method of calculating the period
provides the rule on notice of claim. of limition shall be determined by the
- Receipt by the person entitled to law of the court seized of the case.
delivery of baggage or goods without
NOT APPLICABLE TO OTHER CAUSES OF
complaint shall be prima facie evidence
ACTION
that the same have been delivered in
good condition and in accordance with - 2 year prescriptive period does not
the document of transportation. apply if the cause of action is based on
- In case of damage, person entitled to quasi-delict.
delivery must complaint to the carrier
after the discovery of damage—within SUCCESSIVE CARRIERS
3 days from the date of receipt in the - Several successive carriers for purposes
case of baggage and 7 in case of goods. of this convention to be one undivided
- In case of delay, 14 days. transportation.
- Every complaint must be in writing. - Example: IATA—general pool
- Failure to comply, no action shall lie partnership.
against the carrier except when there
is fraud. Liability of agent

Period to file: - Agent is liable for its own negligent acts

or omission.
1. 3 days from receipt of the baggage;
2. 7 days from receipt of the goods; Formalities
3. 14 days in case of delay. - Warsaw convention on air
- Complaint is a condition precedent.
- Why? To inform the carrier that the
cargo has been damaged and they are
being charged on it; to give
opportunity to examine the nature and
extent of the injury.

When not applicable

- Requirement of notice is not applicable

when there is fraud on the part of the
carrier.

Prescription

- Article 29 of the Warsaw convention

provides: The right too damages shall
be extinguished if an action is not
brought within 2 years, reckoned from
the date of arrival at the destination,
or from the date on which the aircraft
ought to have arrived, or from the date
on which the carriage stopped.