Carriage by Contracting Actual Carriers

• Author: John D. Holding, John S. Hoff
• Pages: 81-82

[81 ]

Chapter 7: Carriage by Contracting

Actual Carriers

A. GENERAL

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

B. LIABILITY OF CARRIERS

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.