Law And Liability Explained: International Air Carrier For Both Passenger And Luggage

Law And Liability Explained: The rules relating to International Carriage By Air including both Passenger Ticket and Luggage tickets are primarily governed by Warsaw Convention-1929.

Other than the Warsaw Convention, International air tickets for both passengers and luggage are governed by various laws and regulations, including international treaties, national laws, and airline policies. 

The most important international treaty governing air travel is the Warsaw Convention of 1929, which has been amended by the Montreal Convention of 1999. These conventions establish the liability of airlines for damages caused to passengers and their luggage during international air travel.

Rules about Passenger Ticket 

For the carriage of passengers, the carrier must deliver passenger tickets which shall contain the following particulars:

1. The place and date of issue
2. The place of departure and destination.
3. The agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity and that if it exercises that right, the alteration shall not have the effect of deriving the carriage of its international character
4. The name and address of the carrier and carriers 
5. A statement that the carriage is subject to the rules relating to liability established by the Warsaw Convention

What will happen in the absence, irregularity, or loss of the Passenger flight ticket?

In the absence, irregularity or loss of the passenger ticket doesn’t affect the existence of the validity of the contract carriage, which shall nonetheless be subject to the rules of the convention.

In the absence, irregularity, or loss of the passenger’s flight ticket, the passenger may face some difficulties while traveling. The specific consequences may vary depending on the airline’s policies and the circumstances of the situation. 

If the passenger has lost their ticket, they should immediately inform the airline and provide any relevant information, such as the flight number, date of travel, and booking reference number. The airline may be able to issue a new ticket or provide alternative arrangements for the passenger to travel.

If the ticket is irregular or has incorrect information, the passenger should contact the airline as soon as possible to rectify the issue. The airline may require the passenger to provide additional information or documentation to verify their identity and booking details.

In some cases, the airline may charge a fee for issuing a new ticket or making changes to an existing ticket. The passenger should check the airline’s policies and fees before making any changes or requesting a new ticket.

It is always advisable to keep the passenger flight ticket safe and secure during travel. If the ticket is lost or misplaced, the passenger should immediately inform the airline and follow their instructions to avoid any inconvenience.

Rules about Luggage Ticket

1. For the carriage of luggage, other than small personal objects of which the passenger takes charge himself/herself, the carrier must deliver a luggage ticket
2. The luggage ticket shall be made out in duplicate, one part for the passenger and the other part for the carrier
3. The luggage ticket shall contain the following particulars:

1. The place and date of issue
2. The place of departure and destination
3. The name and address of the carrier or carriers
4. The number of passenger ticket
5. A statement that delivery of the luggage will be made to the bearer of the luggage ticket
6. The number and weight of the packages
7. The amount of the value declared by the respective article
8. A statement that the carriage is subject to the rules relating to liability established by this convention

Important Liability Of The Carrier

1. The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger if the accident that causes the damage so sustained took place in board the aircraft or in the course of any of embarking or disembarking 
2. The carrier is liable for damage sustained for the destruction or loss of any registered luggage or goods if it took place during the carriage of air.
3. The carrier is liable for damage caused by unreasonable delay in the carriage by air of passengers or goods
4. The carrier is not liable if he proves that he and his agents have taken all measures to avoid the damage or that it was impossible for him or them to take such measures
5. In the carriage of goods and luggage, the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation
6. If the carrier proves that the damage was by or contributed by the negligence if the injured person the court may in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability 
7. The right to damage shall be extinguished if an action is not brought within two years, from the date of arrival at the destination.

Every day lakhs and lakhs of people travel by flight and as common passengers, it is incumbent to know the important laws and liabilities of air carriage. The goal of this blog is to provide insight to the people at large. 

If you are faced with any issues relating to flight and need help please write to us at connect@nomadlawyer.org we will connect you with attorneys or law firms.

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