Site Loader

Get this from a library! Konwencja montrealska: komentarz: odpowiedzialność cywilna przewoźnika lotniczego. [Małgorzata Polkowska; Izabella Szymajda]. la navegación marítima y aeronáutica —— and Szymajda I, Konwencja montrealska Komentarz Odpowiedzialność cywilna przewoźnika lotniczego ( Liber. stworzono dwustopniowy system odpowiedzialności. konwencja montrealska r. PRZYGOTOWALI: Siwiaszczyk Filip. Solecka Sylwia.

Author: Gogal Akinor
Country: Ukraine
Language: English (Spanish)
Genre: Environment
Published (Last): 2 March 2017
Pages: 80
PDF File Size: 17.28 Mb
ePub File Size: 13.76 Mb
ISBN: 697-5-56141-618-3
Downloads: 35868
Price: Free* [*Free Regsitration Required]
Uploader: Yozshushura

Any contractual provision tending to relieve the carrier of liability or to fix a lower limit than that provided for in this Convention shall be null and non-legal consequences, However, the invalidity of such provision shall not invalidate the whole contract, which shall remain subject to the provisions of this Convention. Write a review Rate this item: The carrier shall not exclude or limit its liability for damages arising under paragraph 1 Article 17, and not exceeding Special Drawing Rights for each passenger.

If the carrier carries out the sender’s instructions, without requiring the production of the air waybill or cargo montfealska confirmation, which was delivered to the sender, the carrier is liable, subject to recourse to the sender, for any damage, which may thus arise for the, who is in lawful possession of the air waybill or the cargo receipt. In monfrealska to the carriage performed by the actual carrier, an action for damages may be brought, plaintiff’s choice, against that carrier or against the ,onwencja carrier, or against any of these carriers together or separately.

Subject to the provisions of this Article, the contract of carriage of goods may provide in the contract, that any dispute concerning the carrier’s liability under this Convention shall be settled by arbitration.

Find a copy in the library Finding libraries that hold this item Customs formalities, montrealskw and other public authorities. The E-mail Address es field is required. Konwehcja I do not know the details of the documentation, so I can only rely on what you wrote.

EUR-Lex Access to European Union law

Your request to send this item has been completed. The scope of the carrier’s liability can be extended on the terms described in Article. In the case of combined carriage, performed partly by air, and partly by any other means of transport, provisions of this Convention shall apply, subject to paragraph 4 Article 18, only to air transportation, if at the same time it satisfies the conditions laid down in article 1.

If such a different way, the carrier shall, if requested by the sender, deliver to the consignor a cargo receipt permitting identification of the consignment and access to information secured by such other means.

The restrictions provided for in Article 21 and in this article do not preclude the award of an additional court, under its own law, court costs and other litigation costs incurred by the plaintiff, including interest. If you have more than one political subdivision in which different systems of law are applicable in matters regulated by this Convention, it may at the time of signature, ratification, adoption, approval or accession, that this Convention shall apply to all its territorial units or only to one or some of these units, and may at any time modify this declaration by submitting another declaration.


However, the carrier is not liable if and to the, the injury resulted from the inherent, quality or vice of the baggage. Because just this one palette was delayed an integral part of the load, ie. Similarly, the Convention shall be open for signature by regional economic integration organizations.

Kiedy można liczyć na odszkodowanie za zniszczony bagaż? – glepl

Subject to Article 45, Nothing in this section shall affect the rights and obligations between the same carriers, including the right of recourse or indemnity coverage.

State party, to which the carrier operates flights, may require the carrier to provide proof of adequate insurance policy covering the liability referred to in the Convention. In the carriage of postal items the carrier shall be liable only to the postal administration in accordance with the rules applicable in relations between the carriers and the postal administrations.

The provisions of paragraphs 2 i 3 konwncja article will be regarded as forming part of every arbitration clause or arbitration agreement, and any conditions of such clause or agreement inconsistent with these provisions shall be considered as null and non-legal consequences. Any conditions deviating from the provisions of Articles 12, konewncja i 14 should be recorded in the air waybill or the cargo receipt. Your rating has been recorded.

Kiedy można liczyć na odszkodowanie za zniszczony bagaż?

And in this montraelska the load for almost two months has been stored in a warehouse in the port of destination, until the time when the airlines do not have found the missing pallets of equipment.

Except in the case of freight, provisions of paragraphs 1 i 2 this Article shall not apply, it is proved, that the konwemcja resulted from an act or montreaska by a person acting as a carrier, committed with intent to cause damage or recklessly and with knowledge that damage would probably result.

However, if the consignee declines to accept the cargo, or if you can not communicate with him, the consignor resumes its right of disposal. Present in the summary: However, if such carriage is performed in completing the contract for air transport to load, delivery or handling, there is a presumption, subject to proof to the contrary, that any damage resulted from an event, which took place during the carriage by air.

For many years, specializes in transportation and conducting litigation.

Instead of issuing the document, referred to in paragraph 1, You can use any other means of konwehcja the information referred to in that paragraph. Dolfi wants me to give Any such revision shall begin to have effect six months after its notification to the States Parties. The provisions of Articles 3 do 5, 7 i 8 the documentation of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal operations of the air carrier.

The activities of the actual carrier and persons acting for him in momtrealska performance of their duties shall be treated in relation to the carriage performed by the actual carrier, as if they were the actions of the contracting carrier.


AFFIRMING the quest for orderly development of international air transport and undisturbed transport of passengers, baggage and cargo in accordance with the principles and objectives of the Convention on International Civil Aviation, done at Chicago on 7 December r.

The provisions of paragraphs 1 montrsalska 2 this Article shall not apply, if it is proved, that the damage was caused by an act or omission of the carrier or the person acting for him, made with intent to cause damage or recklessly and with knowledge that damage would probably result, while in the case of acts or omissions of persons acting as the carrier must also be proven, had acted within the scope of their functions.

In case of delay complaint must be notified not later than twenty-one days from the date, in which the luggage or goods have been made available to the person.

And this does not give me peace of art.

However, States Parties are not members of the International Monetary Fund, which the law does not permit the application of the provisions of paragraph 1, may, at the time of ratification or accession or at any later time declare, that in cases before the courts on its territory limit montrelska liability of the carrier prescribed in Article 21 at the amount of 1 monetary units per passenger; 62 monetary units konwenjca passenger with respect to paragraph 1 Article 22; 15 monetary units per passenger with respect to paragraph 2 Article 22; and monetary units per kilogram in the case referred to in paragraph 3 Article The value of national currency unit to a non-member States Parties to the International Monetary Konwdncja Special Drawing Right is calculated in the manner specified by the State.

In the case of transport, to be performed by various successive carriers, and meets the requirements of paragraph 3 Article 1, each carrier which accepts passengers, baggage or cargo is subject to the rules laid down in this Convention and is considered one of the parties to the contract of carriage, in which the contract relates to the carriage which is performed under its control. Carrier is not obliged to investigate, whether such information and documents are correct or sufficient.

If the action was directed against only one of these carriers, carrier shall have the right to require the other carrier to court, seised, with the behavior and effects of indemnification shall be determined by the law of the court. If the remaining 13 pallets can be used, this delay 1 range does not affect the value of the 13 palette, and therefore responsible for the delay is limited to 19 SDR per kg weight range, which is not delivered on time.