Motor & Aviation
Montreal Convention 1999 for Passenger and Consumer Protection
Montreal Convention is an international convention which regulates liability for international carriage of persons, luggage, or goods performed by aircraft for reward. Previously, Warsaw Convention regulated them, and been amended in 1999 with Montreal Convention. Montreal Convention doesn’t recognize compensation for psychiatric injury or damage unless linked to physical injury. Montreal convention regulates about compensation in the case of death or injury, delays, baggage, and others compensation for the victims of air disasters.
The air carrier is liable for destruction, delayed, and loss or damage to cargo, include passanger’s baggage which caused the damage so sustained took place during the carriage by air. Passenger must complain to the air carrier as soon as possible. The carrier is not liable if the loss or damage resulted from inherent defect, quality of the cargo, defective packing, act of war or an armed conflict, and act of public authority. Maximum limit of liability of the carrier in the case of destruction, loss, damage, or delay is 1000 SDR (1 SDR = Rp. 19.367,-) for each passanger unless the passanger made special declaration of interest and pay others supplementary coverage. In the carriage of cargo, maximum limit of liability in the same case is 17 SDR per kilogramme. In the case of damage caused by delay, the liability of the carrier for each passanger is limited to 4150 SDR.
The carrier is liable for damage which caused the death or injury took place on board the aircraft or in the course of any operations of embarking and disembarking. The air carrier liable to pay compensation up to 100.000 SDR for each passanger. Above that amount, the air carrier can defend itself against a claim by proving that such damage was not due to the negligence or other wrongful act or omission of the carrier or its sevants or agents, or solely due to the negligence or other wrongful act or omission of a third party.
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.