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Turkey ratifies the Montreal 1999 ConventionThe Convention for the Unification of Certain Rules for International Carriage by Air of 1999 (hereinafter referred to as the “Montreal Convention”) which had been signed by Turkey back in 28 May 1999, was finally ratified by the Parliament on 2 April 2009 and was published in the Official Gazette numbered 27200 and dated 14 April 2009.
The Montreal Convention is in general modelled on its forerunner, i.e. the Warsaw Convention and the supplementary protocols. Notwithstanding, the Montreal Convention also brings changes tantamount to a reform. These differences are most evident in Article 21 on compensation in case of death or injury. The Montreal Convention abolished the limited liability system provided by the Warsaw Convention. According to the new system, the carrier incurs strict liability up to an amount of 100.000 Special Drawing Rights (hereinafter referred to as “SDR”) in case of death or bodily injury of passengers. For damages exceeding this amount, the carrier bears unlimited liability unless he proves that the damage was not caused by its negligence or wrongful act (nor of his servants and/or agents), or such damage was solely resulted from the negligence or wrongful act of a third party.
Another important difference with the Warsaw Convention is that the possibility for the carrier to exonerate himself if he proves that he had taken all necessary measures or it was impossible for him to take these, has been removed in the Montreal Convention. Nevertheless, this defense will be available in case of delay and baggage claims.
Turkey has ratified the Montreal Convention with two reservations. According to these reservations, the Montreal Convention will not apply to international carriage by air performed and operated directly by Turkey for non-commercial purposes in respect to its functions and duties as a sovereign State; and the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Turkey, the whole capacity of which has been reserved by or on behalf of such authorities.
The Montreal Convention is in general modelled on its forerunner, i.e. the Warsaw Convention and the supplementary protocols. Notwithstanding, the Montreal Convention also brings changes tantamount to a reform. These differences are most evident in Article 21 on compensation in case of death or injury. The Montreal Convention abolished the limited liability system provided by the Warsaw Convention. According to the new system, the carrier incurs strict liability up to an amount of 100.000 Special Drawing Rights (hereinafter referred to as “SDR”) in case of death or bodily injury of passengers. For damages exceeding this amount, the carrier bears unlimited liability unless he proves that the damage was not caused by its negligence or wrongful act (nor of his servants and/or agents), or such damage was solely resulted from the negligence or wrongful act of a third party.
Another important difference with the Warsaw Convention is that the possibility for the carrier to exonerate himself if he proves that he had taken all necessary measures or it was impossible for him to take these, has been removed in the Montreal Convention. Nevertheless, this defense will be available in case of delay and baggage claims.
Turkey has ratified the Montreal Convention with two reservations. According to these reservations, the Montreal Convention will not apply to international carriage by air performed and operated directly by Turkey for non-commercial purposes in respect to its functions and duties as a sovereign State; and the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Turkey, the whole capacity of which has been reserved by or on behalf of such authorities.
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22.06.2009
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