The impact of Montreal Convention in Kuwait
Transport & Insurance Focus
Air travel has become an integral part of our modern lives, connecting us to distant lands and cultures. However, amid the convenience and excitement of air travel, unforeseen circumstances can sometimes disrupt our plans.
Law Update: Issue 366 - Transport & Insurance Focus
Ahmed RezeikSenior Counsel,Transport & Insurance
Air travel has become an integral part of our modern lives, connecting us to distant lands and cultures. However, amid the convenience and excitement of air travel, unforeseen circumstances can sometimes disrupt our plans. To ensure that air passengers' rights are protected, international agreements like the Montreal Convention have been established. This article explores the significance of the Montreal Convention in Kuwait, highlighting its key provisions and the rights it affords to air passengers.
The Montreal Convention is an international treaty adopted in 1999, officially known as the Convention for the Unification of Certain Rules for International Carriage by Air, and it plays a vital role in safeguarding the rights, interests and liabilities of air passengers worldwide. Kuwait, as a signatory to this convention, has implemented its provisions to protect passengers traveling to and from the country. It was adopted on May 28, 1999, and came into force in Kuwait on February 28, 2003 through the law number 30 of year 2002.
In this article, we will explore the application and significance of the Montreal Convention in Kuwait, highlighting how it ensures air carrier and passenger rights and promotes a safe and reliable aviation industry.
Kuwait was a signatory on Warsaw Convention which adopted in Kuwait through the law number 20 of year 1975, together with its protocols 1 & 2 through the law number 8 of year 1986 and protocol 3 & 4 through the law number 45 of year 1994, however, Kuwait recognized the importance of establishing a modern legal framework to protect air passenger rights and joined the Montreal Convention on a particular date. As a member, the country is bound by the provisions outlined in the convention and has incorporated them into its national legislation. This ensures that passengers traveling to and from Kuwait are entitled to the benefits and protections outlined in the Montreal Convention.
Strict Liability: The Montreal Convention imposes strict liability on air carriers, holding them responsible for any damages caused to passengers or their belongings during international flights, irrespective of whether the carrier was negligent or at fault. This provision ensures that passengers in Kuwait are well protected in case of any incidents or accidents during their journey.
Compensation for Flight Disruptions: The Montreal Convention also extends protection to passengers in cases of flight delays, cancellations, or denied boarding. Passengers affected by these disruptions in Kuwait are entitled to compensation, assistance, and reimbursement of expenses, provided that the carrier is at fault.
Limitation of Liability: The convention sets a limit on the liability of air carriers in situations involving injury, death, delayed or loss/delay of baggage. This liability limit provides clarity and ensures that passengers are entitled to receive compensation up to a certain threshold, beyond which the carrier is not liable unless it can be proven that the damage was caused by wilful misconduct.
Time Limit for Claims: To ensure timely resolution of claims, the Montreal Convention establishes a time limit within which passengers must file their claims. This time limit, typically set at two years from the date of arrival at the destination or the date the aircraft should have arrived, encourages prompt resolution of disputes and protects the interests of passengers in Kuwait.
The adoption and implementation of the Montreal Convention in Kuwait have significant implications for air passenger rights. It provides a clear and standardized legal framework that protects passengers traveling to and from the country.
By incorporating the provisions of the convention into national legislation, Kuwait ensures that its citizens and visitors are entitled to the same level of protection and compensation as passengers in other signatory countries.
Furthermore, the Montreal Convention promotes a safer and more reliable aviation industry in Kuwait. By imposing strict liability on carriers and setting compensation guidelines, it incentivizes airlines to invest in safety measures and adhere to high-quality standards. This commitment to safety benefits passengers by reducing the risk of accidents and incidents during their journeys.
Under the Montreal Convention, carriers also have certain rights and protections. These rights are aimed at maintaining a fair and balanced framework for international air travel. Here are some key rights afforded to carriers under the Montreal Convention:
Limitation of Liability: The Montreal Convention establishes a system of limited liability for carriers in cases of passenger injury, death, or damage to baggage. Carriers are not automatically held fully liable for all damages but are subject to certain financial limits unless it is proven that the damage was caused by their willful misconduct or negligence. The limits are expressed in Special Drawing Rights (SDRs), which is an international reserve asset determined by the International Monetary Fund (IMF). The specific amount of compensation may vary depending on the nature of the claim such as in case of death or bodily injury, the compensation shall not exceeding SDR 100,000 for each passenger. In case damage caused by delay of flight, the compensation should not exceed SDR 4,150 for each passenger. In case of destruction or loss of, or of damage to, checked baggage, the compensation should not exceed SDR 1000 for each passenger.
Time Limit for Claims: The Convention sets a time limit for filing claims against carriers. In general, a passenger must file a claim within two years from the date of arrival at the destination, or from the date on which the aircraft should have arrived, otherwise, the claim will not be accepted.
Defences and Exemptions: The Convention allows carriers to assert certain defences and exemptions in specific circumstances. For instance, carriers may not be held liable for damages and delay if they can prove that the damage was caused by the passenger's own negligence or if it was due to the inherent defect or nature of the baggage. In addition, the carrier shall not be liable for damages if he proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures. Or if it is proven that damage of delay has had resulted from a cause beyond his control, such as a force majeure, cas fortuits, an act by the person injured (victim), or by a third party.
Contractual Agreements: The Montreal Convention recognizes that carriers and passengers can enter into agreements that modify the provisions of the Convention, provided that such agreements do not infringe upon fundamental passenger rights. These agreements can include provisions on liability limitations, choice of jurisdiction, or procedures for dispute resolution. However, it has to be noted that the carrier can adhere to the terms and conditions of the contract (Tickets) that were agreed upon with the passenger during the issuance of the ticket.
It is important to note that while carriers have these rights, they are still obligated to fulfill their responsibilities and obligations towards passengers under the Montreal Convention. The Convention seeks to strike a balance between protecting passengers' rights and providing carriers with reasonable safeguards to operate in the aviation industry.
To enhance the correct implementation of the Montreal Convention in Kuwait and ensure effective protection of air passenger rights, and to be ensure that they are aware of their rights under the Montreal Convention, it is crucial for both airlines and relevant authorities to disseminate information about the Convention's provisions. This includes educating passengers about their entitlements, the claims process, and how to seek appropriate redress in case of violations. Such as the following measures which can be considered:
Awareness Campaigns: Conducting widespread awareness campaigns to educate air passengers about their rights under the Montreal Convention is essential. This can be achieved through various means, such as informative brochures, posters at airports, and online resources. Airlines, travel agencies, and relevant government agencies can collaborate to disseminate information effectively.
Passenger Education: In addition to general awareness campaigns, passengers should be educated about the specific steps they need to take when faced with issues such as delayed or lost baggage, flight cancellations, or denied boarding. Clear instructions on how to file complaints and seek redress should be provided, including contact details for relevant authorities or complaint resolution channels.
Training for Airline Staff: Airlines operating in Kuwait should provide comprehensive training to their staff, particularly customer service representatives and ground staff, regarding the provisions of the Montreal Convention. This training should focus on effectively handling passenger complaints, providing appropriate assistance, and ensuring compliance with the Convention's requirements.
Strengthening Regulatory Oversight: Kuwait's aviation authorities should strengthen their regulatory oversight to ensure compliance with the Montreal Convention. This includes conducting regular inspections and audits of airlines to verify their adherence to passenger rights provisions. Penalties for non-compliance should be established to incentivize airlines to fulfill their obligations.
Establishing a Passenger Complaint Resolution Mechanism: A dedicated mechanism for handling passenger complaints related to the Montreal Convention should be established. This can involve the creation of a specialized unit within the aviation authority or the appointment of an ombudsman to handle air passenger grievances. The mechanism should ensure prompt and fair resolution of complaints and provide a transparent process for escalation if necessary.
Collaboration with International Partners: Kuwait can collaborate with other countries that have successfully implemented the Montreal Convention to exchange best practices and lessons learned. This can include sharing information on successful complaint resolution mechanisms, awareness campaigns, and enforcement strategies. Such collaboration can help Kuwait enhance its implementation of the Convention and improve air passenger protection.
Periodic Review and Updates: Regular review and evaluation of the implementation of the Montreal Convention in Kuwait are crucial. This includes assessing the effectiveness of existing measures, identifying emerging challenges, and making necessary updates or amendments to align with evolving aviation practices and passenger expectations.
By implementing these measures, Kuwait can strengthen the implementation of the Montreal Convention, ensuring that air passengers in the country enjoy their rights and receive appropriate support and compensation when necessary.
The Montreal Convention serves as a crucial instrument in safeguarding air passenger rights in Kuwait. By adopting and implementing the provisions of this international treaty, Kuwait ensures that its citizens and visitors are protected and compensated in case of accidents, injuries, loss of baggage, flight cancellation, deny of boarding or flight disruptions. The convention's strict liability and compensation guidelines promote a safe and reliable aviation industry, benefiting both passengers and carriers. As Kuwait continues to prioritize the rights and safety of air passengers, the Montreal Convention remains a vital framework for the country's aviation sector.
This Article was intended to provide you with a brief overview on the impact of Montreal Convention in Kuwait to ensure that Air Carrier and Passengers rights are protected. In our next articles, we shall discuss the provisions of Montreal rules in more Details.
Al Tamimi & Company’s Transport & Insurance team regularly provides advises on aviation regulations and practices in Kuwait.
For further information,please contact Omar Omar and Ahmed Rezeik.
Published in March 2024
