Carriage by Contracting/Actual Carriers

• Author: John D. Holding, Q.C., MRAeS
• Pages: 63-64

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Chapter 7: Carriage by Contracting/Actual

Carriers

A. GENERAL

The Guadal ajara Supplementar y Convention,1 was supplementary to

the Warsaw Convention, unamended, and as amended at the Hague.

The Guadalajara provisions were 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 carriage

under the authority of the contracting carrier.2 They are now applica-

ble to the current practice of code sharing by airlines.

B. LIABILITY OF THE CARRIERS

The contracting carrier is subject to the ru les of the Conventions for

the whole of the carriage contract, and the actual carrier is subject for

that part of the carriage it performs.3

1 Appendix D.

2 Montreal Convention, art. 39; Guada lajara Convention, art. I.

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