Bulgaria: Application of the Montreal Convention on Airborne Liability

 

Aviation plays a critical role in today’s world, connecting people and businesses on a global level. But despite the convenience that air travel offers, passengers often face a number of challenges such as delays, canceled flights, or lost luggage. To ensure the protection of passengers‘ rights in such incidents, various legal instruments exist. Within the European Union, basic protection is provided by Regulation (EC) No 261/2004. However, there is also an international treaty that provides additional and broader protection – the 1999 Montreal Convention.

What is the Montreal Convention?

The Montreal Convention is an international treaty that sets out the rules on the liability of air carriers on international flights. International transport (in the case at hand, flights) is those in which the place of departure and destination, whether interrupted or transshipment, are located either in the territories of two States Parties or in the territory of only one State Party, if an agreed stopping place is in the territory of another State, even if that State is not a State Party.

The Montreal Convention has been signed by more than 130 countries and is a modernization and update of the previous Warsaw Convention of 1929. It establishes a uniform legal regime that not only facilitates the process of claiming compensation, but also ensures fair treatment of passengers, regardless of their location or nationality.

In which cases is the Montreal Convention applicable?

The Montreal Convention covers several key aspects of air carriers‘ liability on international flights:

1. Death or personal injury of passengers: One of the most important aspects of the Convention is the protection it provides to passengers in the event of death or personal injury. If such an accident occurs during an international flight, on board the aircraft or during boarding or disembarkation, the carrier shall be liable for the damage caused. The benefits provided for in the Convention are calculated in the so-called Special drawing rights – an international monetary unit of account created by the International Monetary Fund, which also determines its value. The Convention provides for compensation that can reach up to 128,821 Special Drawing Rights (SDRs) per passenger (about 160,000 euros), without the need to prove guilt. For claims in excess of this limit, the carrier may be relieved of additional liability if it proves that it has not acted negligently or culpably.

2. Delays: The Convention also covers the liability of carriers for delays that cause damage to passengers. Flight delays are a common problem that can lead to serious inconvenience for passengers, including missed connections, loss of time, and financial costs. The compensation that passengers can receive for damage caused by delays is limited to 5,346 SDRs (about 6,600 euros).

3. Luggage loss, damage or delay: Despite technological advances, the loss or damage of luggage remains a serious problem for passengers. The Montreal Convention establishes rules that provide compensation in the event of loss, damage or delay of checked baggage. The maximum compensation that a passenger can receive is 1,288 SDRs (about 1,600 euros). To receive this compensation, passengers must submit a written complaint to the carrier within 7 days of receiving the baggage.

Loss or damage to cargo: The Convention also regulates the liability of carriers for loss or damage to goods transported by air. The compensation in this case is limited to 22 SDRs (about 27 euros) per kilogram of cargo.

In which cases is the Montreal Convention applicable and in which – Regulation 261/2004?

Regulation (EC) No 261/2004 is the main legal instrument that protects the rights of passengers within the European Union. It is designed to provide fast and effective protection for passengers in situations related to denied boarding, cancelled flights or delays. The regulation grants passengers the right to compensation, refunds or diversion of the flight, making it much easier to protect their rights within the EU. More about passenger rights under Regulation (EC) No 261/2004 can be found here.

However, the Regulation has its limitations, making the Montreal Convention an indispensable instrument for the protection of passengers on international flights.

1. Limited geographical application: One of the main limitations of Regulation 261/2004 is its geographical application. The Regulation applies to flights departing and landing at EU airports, as well as to flights from an airport in a third country to an airport in the EU, provided that the operating air carrier is European, unless passengers have received benefits or compensation and are provided with assistance in the third country. This means that if the flight departs from a non-EU country and is not operated by a European carrier, passengers may not be protected by the Regulation. The Montreal Convention, on the other hand, applies to all international flights between countries that have ratified the treaty, regardless of where the starting or ending airport is located.

2. Different scope of liability: While Regulation 261/2004 mainly focuses on rights related to denied boarding, cancelled flights or delays, the Montreal Convention covers a much wider range of cases, including death or personal injury of passengers, as well as liability for baggage and cargo. This means that in serious accidents, such as in-flight accidents, the Convention provides additional protection that the Regulation does not cover. For example, in the event of a fatal accident on an international flight, the Convention ensures that the family of the victim can receive significant compensation, which is not provided for in Regulation 261/2004.

3. Compensation for damages: The Montreal Convention provides passengers with the possibility to seek compensation for any damage caused by delays, loss of luggage or injuries that occurred during an international flight. Regulation 261/2004 does not provide for compensation for such damage, unless it relates to denied boarding, cancelled or significantly delayed. This makes the Convention a particularly valuable tool for protecting passengers in the event of incidents that do not fall within the scope of the Regulation. In addition, Regulation 261/2004 prescribes the amount of damage that passengers may claim from the air carrier, whereas under the Convention, the damage actually suffered may be claimed up to the maximum amounts laid down.

Claims procedure: The Montreal Convention provides for clearly defined procedures and jurisdictions in which passengers can bring claims for compensation. It provides a choice of jurisdiction, which is particularly useful on international flights, where it can be difficult to establish the competent court. For example, a passenger may choose to make a claim in the country where they purchased the ticket, where the destination of the flight is or in the country of the carrier’s main headquarters. This flexible application of the Convention makes it easier for passengers to seek entitlement and compensation in the event of an accident, regardless of their location or nationality. This is particularly important for passengers travelling between different countries and continents, where the legal framework governing carrier liability can vary greatly.

Conclusion

The Montreal Convention and Regulation (EC) No 261/2004 provide passengers with powerful tools to protect their rights during air travel. While Regulation 261/2004 aims to provide prompt and effective protection in specific cases such as delays, flight cancellations and denied boarding within the European Union, the Montreal Convention extends this protection to a global level to cover a wider range of situations and incidents that may occur during international flights.

The joint application of these two legal instruments provides comprehensive protection for passengers, covering not only immediate problems related to flight schedule disruptions, but also more serious incidents such as loss of luggage, personal injury or death. Knowledge of these rules is essential for passengers to be able to make full use of their rights and seek fair compensation in the event of accidents.

The Montreal Convention is not just an international treaty, it is a modern and effective instrument that ensures that passengers have protection not only within the European Union, but also when travelling internationally, providing additional security and peace of mind for all those who use air transport. Together with Regulation 261/2004, it forms the basis of a legal system that protects the rights of passengers, regardless of where in the world they are.

 

For further information, please contact:

Slavi Mikinski, Partner

Mikinski and Partners Law Office, Sofia

e: slavi@mikinski.bg

t: +359 878 150 000

 

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