Carriage by Contracting/Actual Carriers

• Author: John D. Holding
• Pages: 55-56

Chapter 7: Carriage by Contracting/

Actual Carriers

A. GENERAL

The introduction of the practice of code-sharing between carriers

gave rise to the Guadalajara Supplementary Convention1which

was supplementary to the Warsaw Convention. The Guadalajara

provisions were adopted in the Montreal Convention.

These provisions apply when the contracting carrier makes a

contract of carriage by ticket or air waybill with the passenger or

consignee, and another carrier actually performs all or part of the

carriage under the authority of the contracting carrier.2

B. LIABILITY OF THE CARRIERS

The contracting carrier is subject to the rules of the Conventions

for the whole of the carriage contract, and the actual carrier is sub-

ject for that part of the carriage it performs.3

1 Appendix A, Schedule V.

2 Montreal Convention, art. 39; Guadalajara Convention, art. I.

3 Montreal Convention, art. 40; Guadalajara Convention, art. II.

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