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I NTERNAT I ONAL COMMERC I AL LAW
11
The Novelties Provided by the Montreal Convention
The Montreal Convention introduces the concept of “the liability of
the carrier without any limits”. According to the Montreal Convention,
which provides for a two-tier compensation system, the first tier is strict
liability up to 100,000 Special Drawing Rights
1
, independent of the fault
of the carrier. The second tier depends on the fault of the carrier, and there
is no limit for the liability.
Furthermore:
•
In the case of aircraft accidents resulting in the death or injury of
passengers, the carrier will, if required by its national law, make
advance payments without delay to a natural person or persons who
are entitled to claim compensation in order to meet the immediate
economic needs of such persons. Such advance payments do not
constitute a recognition of liability and may be offset against any
amounts subsequently paid as damages by the carrier.
•
A carrier may be required to furnish evidence that it maintains
adequate insurance covering its liability under the Convention.
•
An expedited procedure is provided for the payment of
compensations in a short period of time.
•
The actions for damages, on certain conditions, may be brought
before the courts at the place of destination or where the passenger
has his/her permanent residence.
•
The passenger, baggage, and cargo documents, which have an
important evidentiary value in compensation actions, are simplified
and updated.
From the Turkish perspective, it is expected that the Montreal
Convention will financially protect passengers/consumers in accidents
that occur during carriages by air between member states.
1 The sums mentioned in terms of Special Drawing Right in the Convention shall be deemed to
refer to the Special Drawing Right as defined by the International Monetary Fund. Conversion
of the sums into national currencies shall, in case of judicial proceedings, be made according to
the value of such currencies in terms of the Special Drawing Right at the date of the judgement.
The value of a national currency, in terms of the Special Drawing Right, of a State Party which
is a Member of the International Monetary Fund, shall be calculated in accordance with the
method of valuation applied by the International Monetary Fund, in effect at the date of the
judgement, for its operations and transactions. The value of a national currency, in terms of the
Special Drawing Right, of a State Party which is not a Member of the International Monetary
Fund, shall be calculated in a manner determined by that State.