Download Air Charter and the Warsaw Convention: A Study in by Kurt Grönfors PDF

By Kurt Grönfors

ISBN-10: 9401766991

ISBN-13: 9789401766999

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Extra info for Air Charter and the Warsaw Convention: A Study in International Air Law

Sample text

It means, for instance, that the carriage may neither be performed by way of experimental trial by air navigation undertakings with a view to the establishment of a regular airline, nor in extraordinary circumstances outside the normal scope of an air carrier's business; Article 34· And the 60 CHAPTER IV {I) carriage must be international within the meaning of Article 1 (2). This has never been doubted. The disagreement begins when we investigate the exact meaning of the condition that the agreement must concern a transport or that the responsible person must be the carrier.

Drion, op. , No. 269 (pp. 310-311). 5- 565454 Gr{Jn/ors 66 CHAPTER IV (3) stated by the consignor. g. s For the concept of damage in the sense of Article 10 includes such different cases as Customs fines imposed because of incorrect description of the goods and damage caused by the goods to aircraft or property of the carrier or of other cargo owners, owing to the fact that the carrier was not informed about the true nature of the goods. 9 d. According to Article 1 (3), the carriage is "performed" by the carrier, c£.

Cf. Hesse, op. , p. 21 in fine; and also the United States Circuit court of Appeal in Curtiss-Wright Flying Service, Inc. v. S. 56 CHAPTER III (S) Nevertheless this standpoint is unacceptable, and this is so because of the text of the Convention itself. e. the carrier is no longer entitled to avail himself of those provisions of the Convention which exclude or limit his liability; Articles 3 (2), 4 (4), 5 (2) and g. If the required transportation documents are issued, the person or undertaking who issued them generally appears to the passenger or consignor as the carrier, and the Warsaw Convention seems to be applicable in this (direct) contractual relation.

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