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VENUE OF ACTION 2. The method of calculating the period of limitation shall be
1. The court where the carrier is domiciled determined by the law of the Court seised of the case
2. The court where the carrier has its principal place of business
3. The court where the carrier has an establishment by which the
contract has been made; or NATURE OF PRESCRIPTIVE PERIOD
4. The court of the place of destination Two-year limitation is intended as an absolute bar to suit and not to
be made subject to the various tolling provisions of the laws of the
- The filing of the case in the proper venues provided for in the forum
Warsaw Convention is still required even if there are allegations of Forecloses the application of interruption on prescriptive periods
tortious conduct committed against an airline passenger during the In our jurisdiction, action shall be deemed commenced upon the
course of the international carriage filing of a complaint
- Allegations of tort do not bring the case outside the ambit of the Two-year prescriptive period does NOT apply if the cause of action is
Warsaw Convention based on quasi-delict.
- Jurisdictional in character -cannot be left to the will of the parties
(Lhuillier v. British Airways GR NO. 171092 March 15, 2010) SUCCESSIVE CARRIERS
NOTICE OF CLAIM - Transportation to be performed by several successive carriers shall
1. Three days from receipt of the baggage be deemed, for the purposes of this convention , to be one
2. Seven days from receipt of goods undivided transportation , if it has been regarded by the parties as
3. Fourteen days, in case of delay, counted from the time the a single operation, whether it has been agreed upon under the form
baggage was placed at the disposal of the passenger of a single contract or a series of contracts, and it shall not lose its
international character merely because one contract or series of
The complaint or notice of claim is a condition precedent contracts is to be performed entirely within the territory subject of the
sovereignty, suzerainty, mandate or authority of the same high
Reasons: contracting party.
To inform the carrier that the cargo has been damaged and
that it is being charged with liability therefore LIABILITY OF AGENT
To give it an opportunity to examine the nature and extent of
the injury - The fact that a successive carrier is considered an agent does not
necessarily excuse the agent from liability
* Delay on the part of the passenger to file a notice of claim within the - The agent is liable for its own negligent acts or omission in the
prescribed period is also excused if such delay can be attributed to the acts performance of its duties
or omissions of the carrier
- NOT APPLICABLE WHEN: When there is fraud on the
part of the carrier
PRESCRIPTION
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FORMALITIES k. Freight, if it has been agreed upon, the date and place of payment,
and the person who is to pay it
- The Warsaw Convention on Air Transportation provides for the basic l. If the goods are sent for payment on delivery, the price of the goods,
contents of the Passenger Ticket, the Baggage Check as well as the and if the case so requires, the amount of the expenses incurred
Air Way Bill m. Amount of value declared
n. Number of parts of the airway bill
I. PASSENGER TICKET (Article 3 (1) Warsaw Convention) o. Documents handed to the carrier to accompany the air way bill
p. Time fixed for the completion of the transportation and a brief note of
a. Place and date of issue the route to be followed, if these matters have been agreed upon,
b. Place of departure and destination q. A statement that the transportation is subject to the rules relating to
c. Agreed stopping places, provided that the carrier may reserve the liability established by the Convention.
right to alter the stopping place in case of necessity
d. Name and address of the carrier/s Airway Bill - a document which the consignor is obliged to make out and
e. Statement that the transportation is subject to the rules relating to hand over to the carrier.
liability established by this convention
Functions of an Airway bill
II. BAGGAGE CHECK (Article 4(3) Warsaw Convention) IT IS A PRIMA FACIE EVIDENCE OF:
The conclusion of the contract
a. Place and date of issue The receipt of the goods
b. Place of departure and destination The conditions of the transportation
c. Name and address of the carrier/s The weight, dimensions and packaging of the goods
d. Number of passenger ticket The number of packages
e. Statement that delivery of the baggage will be made to the bearer of
the baggage check
f. Number and weight of the packages The carrier has the right to require the consignor to make out
g. Amount of the value declared separate airway bills when there is more than one package.
h. A statement that the transportation is subject to the rules relating to There is nothing in the Convention which prohibits the carrier from
liability established by the Convention. making out the airway bill itself.
A printed stipulation in the airway bill or airline ticket limiting the
III. AIRWAY BILL (Article 8) liability of the air carrier to a specified amount is valid, but any
ambiguity in the airway bill is strictly construed against the carrier.
a. Place and date of issue (Ong Yiu vs. CA, 91 SCRA 223; Shewaram vs. PAL, 17 SCRA 606)
b. Place of departure and destination
c. Agreed stopping places, provided that the carrier may reserve the TRANSPORTATION DOCUMENTS
right to alter the stopping place in case of necessity
d. Name and address of the consignor
e. Name and address of the first carrier Baggage
Passenger Ticket Airway Bill
f. Name and address of the consignee, if the case so requires Check
g. Nature of the goods
Checked-in Goods to be
h. Number of packages, the method of packing and the particular Passenger
Baggage shipped
marks or numbers upon them
i. Weight, quantity, volume or dimension of the goods
j. Apparent condition of the goods and of the packing