Proceedings of the 16th International Academic Conference, Amsterdam

AN OVERVIEW TO THE CIRCUMSTANCES CAUSING LEGAL LIABILITY SUSTAINED IN THE EVENT OF THE DAMAGES TO THE PASSENGER BAGGAGE DURING THE CARRIAGE BY AIR

ALPER UYUMAZ, SINAN SAMI AKKURT

Abstract:

The liability of the carriage by air sustained in the case of the damage of any baggage ( or luggage) has already been regulated in the article 12 of Turkish Civil Aviation Code (TSHK.), the article 18 of Warsaw Convention (War.C.) and in the subsection 2, 3, 4 of the article 17 of 1999 Montreal Convention (Mon.C.). TSHK.a.121/ s.1 that regulates the liability of the carrier in the event of domestic flight is as: ‘The carrier is liable for damage sustained in case of the loss of, or of damage to checked baggage on condition that the loss or damage took place during the carriage by air.’ The liability indicated here, in Warsaw Convention a.18/s.1, is as: ‘ The carrier will be liable for the damage sustained in case of destruction, or loss of, or of damage to checked baggage; however the event causing the destruction must take place during the carriage by air’, and the liability is adjudged, in Montreal Convention a.17/s.2, is as ‘ The carrier is liable for the damage sustained in the event of destruction, or loss, or damage of the checked baggage on condition that the event which caused the destruction, loss or damage took place on board the aircraft or during the period in which the checked baggage was in the charge of the carrier.’ As understood from these regulations, the carrier is liable for the damage sustained during the period that the registered baggage is in the charge of the carrier, whether it is domestic or international flights. The conditions of the liability mentioned above will be examined in this study.

Keywords: Legal liability of carrier; baggage carring in aviation law; Turkish Civil Aviation Code Art.12; Montreal Convention Art.17; Warsaw Convention Art. 18

DOI: 10.20472/IAC.2015.016.075

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