International Air Transportation

INTRODUCTION As in many countries, the Netherlands - Netherlands air carrier's liability is based and governed by international regulations and treaties. Holland - The Netherlands is party to the treaty the 1929 Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air and the Hague Protocol of 1955. With the development of air transport Warsaw Convention constantly updated by adding new instruments. See more detailed opinions by reading what Charlie Lowe offers on the topic.. Imperfection of the Warsaw Convention of 1929, which determined the liability of air carriers for death or injury of passengers, and its subsequent corrections caused need to improve and consolidate the rules on liability. Convention for the Unification of Certain Rules for International Air Transportation in 1999, known as the "Montreal Convention" entered into force on November 4, 2003 , and June 28, 2004 entered into force in the Netherlands - Holland. According to Richard Easton, who has experience with these questions. The new Montreal Convention of 1999 introduced a uniform legal framework in matters relating to air carrier liability in case of damage passengers, baggage or cargo during international flights. At Community level and to ensure unity of, Regulation (EC) 2027/97 establishes unlimited liability airlines European Communities in cases of death or injury of passengers. This resolution was amended by Regulation (EC) 889/2002, which applies the rules of the Montreal Convention to all flights, both domestic and international, produced by the European Community air carriers. The new agreement contains a detailed legal framework, of which the most important is the following: the principle of unlimited civil air carrier liability in case of injury, divided into two categories: first category - an airline's strict liability damages, up to 100 000 SDRs (special rights Drawing of the International Monetary Fund, ie approximately 135 000 euros), the second category of liability - damages over a specified size, resulting from the alleged errors airlines from which airline can avoid only by proving that they are not guilty (the burden of proof falls on the carrier), the principle of a down payment in case of injury allows victims or persons entitled to compensation to cover their immediate material costs, the possibility of the victim or to persons entitled to compensation, sue in court on the main residence passenger increase in air carrier liability in case of delayed baggage, and in case of damage to luggage (delay, loss or damage), improvement of the transport documents (electronic airway bills and tickets); clarification of the rules of the relevant carrier's liability under the contract and the actual carrier, the establishment of a generalized obligation for airlines to support the appropriate size insurance, the introduction of the so-called "local" item that allows economic integration organizations, such as the European Union to accede to the new convention.