Carriage by Contracting Actual Carriers

AuthorJohn D. Holding, John S. Hoff
[81 ]
Chapter 7: Carriage by Contracting
Actual Carriers
The information of the practice of code-sharing between carriers gave
rise to the Guadalajara Convention 1961, which was supplementary to
the Warsaw Convention. T he United States never became a party to
Guadalajara, but the Guadalajara provisions were later adopted in the
Montreal Convention.
These provisions apply when the contracting carrier makes a con-
tract of carriage by ticket or air waybill with the passenger or consign-
ee, and another carrier actually performs all or part of t he car riage
under the authority of the contracting carrier.1
The contracting carrier is subject to the rules of the Montreal Conven-
tion for the whole of the carriage contract, and the actual carrier is
subject for that part of the carriage it performs.2
The acts and omissions of the actual carrier are deemed to be those
of the contracting carrier. The acts and omissions of the contracting
1 Montreal Convention, Art. 39 .
2 Ibid., Art . 40.

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