Carriage by Contracting/Actual Carriers

AuthorJohn D. Holding, Q.C., MRAeS
[ 63 ]
Chapter 7: Carriage by Contracting/Actual
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.
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.

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