The State of Registry - refers to the State on whose register the aircraft is entered.

an aircraft is a Philippine National if the same is registered with the Civil Aviation
Authority of the Philippines.

The Certificate of Registration issued by the Civil Aviation Authority of the

Philippines12 shall be deemed conclusive evidence of nationality for international
purposes.

The registry of aircraft and any transfer, lien, mortgage or other interests in aircraft or
aircraft engines is maintained by the CAAP.

Requirements for Registration:

1. The aircraft is owned by or leased to a citizen or citizens of the Philippines or

corporations or associations organized under the laws of the Philippines at least
sixty per centum (60%) of whose capital is owned by Filipino citizens;
2. The aircraft is not registered under the laws of any foreign country

 Exceptionally, foreign-owned or registered aircraft may be registered if utilized

by members of aero clubs organized for recreation, sport or the development of
flying skills as a prerequisite to any aeronautical activities of such clubs within
the Philippine airspace.

No aircraft can be operated in the Philippine unless it displays

nationality and registration marks. The nationality mark for Philippine registered aircraft
is “RP.”

The certificate of registration is conclusive evidence of ownership.

 Except in a proceeding where such ownership is, or may be, at issue.

II. RECORDING OF CONVEYANCES.

SEC 49 (Civil Aviation Authority Act of 2008)

All conveyances made or executed, which affects the title to, or interest in, any aircraft of
Philippine registry, or any portion thereof shall be registered with the CAAP.

The validity of the registration of voluntary dealings is subject to the following rules:
 1. The registration is valid only with respect to the parties and their heirs, assignees,
executors, administrators, devisees, or successors in interest, and any person
having actual notice thereof.
2. The registration is valid as against all persons and any instrument, recording of
which is required shall take effect from the date of its record in the books of the
Authority, and not from the date of its execution.

The requirements are similar to the requirements in land registration.

Under Section 52 of the Property Registration Decree25 the owner may use such forms of
deeds, mortgages, leases or other voluntary instruments as are sufficient in law. The
owner’s duplicate of the certificate of registration must be presented before registration is
effected.

MARINE INSURANCE

Falls under the Insurance Code includes Air Hull Policies which may vary depending on
the type of aircraft.

Air commerce or commercial air transport operation - refers to and includes

scheduled or non-scheduled air transport services for pay or hire, the navigation of
aircraft in furtherance of a business, the navigation of aircraft from one place to another
for operation in the conduct of a business, or an aircraft operation involving the transport
of passengers, cargo or mail for remuneration or hire

“Domestic air commerce” includes air commerce within the limits of the Philippine
territory.

“Domestic air transport” means air transportation within the limits of the Philippine
territory.

“Foreign air transport” refers to air transportation between the Philippines and any
place outside it or wholly outside the Philippines.

“International commercial air transport” refers to the carriage by aircraft of persons

or property for remuneration or hire; or the carriage of mail between any two or more
countries.

PERSONS INVOLVED IN AIR TRANSPORTATION.

 1. Air Carrier or Air Operator - “Air carrier or operator” refers to a person who
undertakes, whether directly or indirectly, or by a lease or any other
arrangements, to engage in air transportation services or air commerce.
2. “Philippine air carrier” means an air carrier who is a citizen of the Philippines.
3. “Foreign air carrier or foreign air operator” means any operator, not being a
Philippine air operator, which undertakes, whether directly or indirectly or by
lease or any other arrangement, to engage in commercial air transport
operations within borders or airspace of the Philippines, whether on a scheduled or
chartered basis.
4. “Airman” refers to any individual who engages, as the person in command or as
pilot, mechanic, aeronautical engineer, flight radio operator or member of the
crew, in the navigation of aircraft while
under way and any individual who is directly in charge of inspection,
maintenance, overhauling, or repair of aircraft, aircraft engine, propellers, or
appliances and individual who serves in the capacity of
aircraft dispatcher or air traffic control operator.

CIVIL AERONAUTICS BOARD (CAB) – regulates persons and entities that are
involved in the economic aspects of air transportation. Examples are:

1. Airline companies
2. General Sales Agents – a person, who, pursuant to an authority from an airline, by
itself or through an agent, sells or offers for sale any air transportation or
negotiates for or holds himself by
solicitation, advertisement, or otherwise as one who sells, provides,
furnishes, contracts or arranges for, such air transportation.
3. Cargo Sales Agents - any person who does not directly operate an aircraft for the
purpose of engaging in air transportation or air commerce and who, as principal or
agent, sells, or offers for sale any air transportation of cargo, or negotiates for, or
holds himself out by solicitation, advertisement or otherwise as one who provides,
sells, furnishes, contracts or arranges for, such air transportation of cargo.
4. Charterers / Charter Flight or Charter Trip – Regulated by CAB. Air
transportation performed by an air carrier where the entire capacity of one or
more aircraft, or less than the entire capacity of an aircraft, has been engaged
for the movement of persons and their personnel baggage or for the movement of
property on a time, mileage or trip basis.
 a. By a person for his own use (including a direct air carrier
when such aircraft is engaged solely for the transportation of company
personnel or commercial traffic in cases of emergency)
b. By a representative (or representative acting jointly) of a
group for the use of such group (provided no such representative is
professionally engaged in the formation of groups for transportation or in
the solicitation or sale of transportation services)
c. By an airfreight forwarded holding a currently effective permit

Charter of aircraft may be classified into:

(1) On-route Charter – shall refer to service performed by an air

carrier between points which said carrier is authorized to provide service
pursuant to its certificate of public convenience and necessity or foreign air carrier
permit.
(2) Off-route Charter – shall refer to any charter that is not On-route.
(3) Pro-rata Charter – a charter the cost of which is divided among the passengers
transported.
(4) Single Entity Charter – a charter the cost of which is
borne by the charterer and not by individual passengers, directly or
indirectly.
(5) Mixed Charter – a charter the cost of which is borne, or pursuant to a contract
may be borne, partly by the charter participants
and partly by the charterer.

5. Air Freight Forwarders – any indirect air carrier which, in the ordinary and usual
course of its undertaking, assembles and consolidates or provides for assembling
and consolidating such property and performs or provides for the performance of
break-bulking and distributing operations with respect to consolidated shipments,
and is responsible for the transportation of property from the point of receipt to the
point of destination and utilizes for the whole or any part of such transportation the
services of a direct air-carrier.
6. Off-Line Carriers – any foreign air carrier not certificated
by the Board, but who maintains office or who has designated or appointed agents
or employees in the Philippines, who sells or offers for sale any air transportation
in behalf of said foreign air carrier and/or other, or negotiate for, or holds itself out
by solicitation, advertisement, or otherwise sells, provides, furnishes, contracts, or
arranges for such transportation.
 7. Air Taxi Operators – an air carrier utilizing small aircraft
for charter trip and/or individual service transportation within the territory of the
Republic of the Philippines with proper certification and permit from the CAB.

SOVEREIGNTY AND AIR FREEDOMS

Chicago Convention - Article 1 of Chapter I thereof provides that “the contracting States
recognize that every State has complete and exclusive sovereignty over the airspace
above its territory.”

Consent is necessary for other States to operate within the territory of another.

The bilateral system of air traffic negotiations is in force under the

Chicago Convention.

“Before airlines of treaty partners are able to launch air

services to, through and from another partner’s territory, the convention
requires that the two governments shall have negotiated a bilateral treaty
between them that will define the air traffic rights each grants to the other
during the life of the treaty.”

FREEDOMS OF THE AIR.

First Freedom of the Air — the right or privilege, in respect of scheduled

international air services, granted by one State to another State or States to fly across its
territory without landing (also known as a First Freedom Right).

Second Freedom of the Air — the right or privilege, in respect of scheduled

international air services, granted by one State to another State or States to land in its
territory for non-traffic purposes (also known as a Second Freedom Right).

Third Freedom of The Air — the right or privilege, in respect of scheduled

international air services, granted by one State to another State to put down, in the
territory of the first State, traffic coming from the home State of the carrier (also known
as a Third Freedom Right).

Fourth Freedom of The Air — the right or privilege, in respect of scheduled

international air services, granted by one State to another State to take on, in the territory
of the first State, traffic destined for the home State of the carrier (also known as a
Fourth Freedom Right).
Fifth Freedom of The Air — the right or privilege, in respect of scheduled
international air services, granted by one State to another State to put down and to take
on, in the territory of the first State, traffic coming from or destined to a third State (also
known as a Fifth Freedom Right).

ICAO characterizes all “freedoms” beyond the Fifth as “so-called” because

only the first five “freedoms” have been officially recognized as such by
international treaty.

Sixth Freedom of The Air — the right or privilege, in respect of scheduled

international air services, of transporting, via the home State of the carrier,
traffic moving between two other States (also known as a Sixth Freedom Right).

The so-called Sixth Freedom of the Air, unlike the first five freedoms, is not incorporated
as such into any widely recognized air service agreements such as the “Five Freedoms
Agreement.”

Seventh Freedom of The Air — the right or privilege, in respect of scheduled

international air services, granted by one State to another State, of transporting traffic
between the territory of the granting State and any third State with no requirement to
include on such operation any point in the territory of the recipient State, i.e., the service
need not connect to or be an extension of any service to/from the home State of the
carrier.

Eighth Freedom of The Air — the right or privilege, in respect of scheduled

international air services, of transporting cabotage traffic between two points in the
territory of the granting State on a service which originates or terminates in the home
country of the foreign carrier or (in connection with the so-called Seventh Freedom of the
Air) outside the territory of the granting State (also known as the Eighth Freedom Right
or “consecutive cabotage”).

Ninth Freedom of The Air — the right or privilege of transporting cabotage

traffic of the granting State on a service performed entirely within the territory of the
granting State (also known as a Ninth Freedom Right or "stand alone” cabotage).

Each contracting State agreed to grant to the other contracting states, five “freedoms of
air.”

The privilege to put down passengers, mail and cargo taken on in the territory of
the State whose nationality the aircraft possesses - Third Freedom
 The privilege to take on passengers, mail or cargo destined for the
territory of the State whose nationality the aircraft possesses - Fourth
Freedom

The right to carry passengers from one’s own country to a

second country, and from that country to a third country - Fifth Freedom

CANCELLATION OF COMMERCIAL AGREEMENT

The government through the Civil Aeronautics Board (CAB) has the indispensable
authority to compel local air carriers to comply with government determined policies,
even at the expense of economic rights.

The CAB has ample power under its organizing charter, to compel an airline, in proper
cases, to terminate whatever commercial agreements the carrier may have.

Section 10 of R.A. 776 grants to the CAB the “general supervision and
regulation of, and jurisdiction and control over, air carriers as well as their
property, property rights, equipment, facilities and franchise,”

CABOTAGE - two types of cabotage.

Consecutive Cabotage which is the right or privilege, in respect of scheduled

international air services, of transporting cabotage traffic between two points in the
territory of the granting State on a service which originates or terminates in the home
country of the foreign carrier or (in
connection with the so-called Seventh Freedom of the Air) outside the territory of the
granting State.

Stand Alone Cabotage which is the right or privilege of transporting cabotage traffic of
the granting State on a service performed entirely within the territory of the granting
State.

Philippines has not granted the right of cabotage in this jurisdiction

CHAPTER 8 - OBLIGATIONS OF CARRIER IN AIR TRANSPORTATION

EXTRAORDINARY DILIGENCE IN AIR TRANSPORTATION

 (1) Includes the obligation to make sure that the aircraft is airworthy.
(2) That the vessel has a competent captain and crew
(3) That the captain and his crew exercised extraordinary diligence in
operating the aircraft.

Extraordinary diligence likewise requires the carrier to provide

competent and well trained crew. This duty is therefore not complied with if
the pilot had been inflicted with a tumor for a long time.

The carrier is likewise deemed to have failed to exercise extraordinary diligence if the
plane did not take the designated route and the tragic crash could have been avoided had
it taken said designated route.

AIRWORTHINESS
 Aircrafts must also be fit to transport goods and passengers.
 Aircraft must be in such a condition that it must be able to withstand the
rigors of the flight

Section 3 of the Civil Aeronautics Act of 2008 explains that “airworthiness”

means that an aircraft, its engines, propellers, and other components and accessories,
are of proper design and construction, and are safe for air navigation purposes, such
design and construction being consistent with accepted engineering practice and in
accordance with aerodynamic laws and aircraft science.

Under the Civil Aviation Regulation, the registered owner or

operator of an aircraft is responsible for maintaining that aircraft in an airworthy
condition, including compliance with all airworthiness
directives.

Civil Aviation Regulations expressly provides that “no person may

operate a civil aircraft unless it is in an airworthy condition.”

CAAP prescribes rules and requirements for:

(1) Certification of aircraft and aeronautical components;

(2) Issuance of Certificate of Airworthiness and other certifications for
aeronautical products;
(3) Continued airworthiness of aircraft and aeronautical components;
(4) Rebuilding and modifications of aircraft and aeronautical components;
(5) Maintenance and preventive maintenance of aircraft and aeronautical
components;
 (6) Aircraft inspection requirements; and
(7) Air operator aircraft maintenance and inspection requirements.

TARIFF SYSTEM.

A tariff is a rule or condition of air travel that regulates and binds the airline and
passengers. Tariffs are developed and imposed by air carriers with the approval of the
Civil Aeronautics Board.

These tariffs are provided for in the tickets that are binding although they are in the
nature of contracts of adhesion

A contract of adhesion, wherein one party imposes a ready-made form of contract on the
other, is not strictly against the law. A contract of adhesion is as binding as ordinary
contracts, the reason being that the party who adheres to the contract is free to reject it
entirely. Contrary to petitioner’s contention, not every contract of adhesion is an invalid
agreement.

CARE OF BAGGAGE.

Failure of the carriers to exercise due diligence in a number of cases includes in their
failure to take care of the baggage of the carrier’s passengers.

Air carriers were made liable in the following cases:

(1) The baggages of their passengers were either damaged or their contents
were lost or stolen;
(2) The baggage were transported or diverted to another place;
(3) In case of off-loading of baggage;
(4) When there was delay in the delivery of the baggage;
(5) If the baggage is lost altogether.

DUTY TO PASSENGER.
Airline companies are hereby sternly admonished that it is their duty not
only to cursorily instruct but to strictly require their personnel to be more
accommodating towards customers, passengers and the general public.

Common carriers such as airline companies are in the business of rendering public
service, which is the primary reason for their enfranchisement and recognition in our law.
Passengers in a contract of carriage do not contract merely
for transportation, they have a right to be treated with kindness, respect, courtesy and
consideration.

The operation of a common carrier is a business affected with public

interest and must be directed to serve the comfort and convenience of passengers.

Breach of contract is defined as the “failure without legal reason

to comply with the terms of a contract.”

“[f]ailure, without legal excuse, to perform any promise which forms the whole or
part of the contract.”

Contracts may be breached through delay, fraud or negligence.

Instances:

(1) Inattention to and lack of care for the interest of the passenger and inordinate delay
in addressing complaints or claims;

(2) Rude and discourteous treatment by employees;

(3) Failure to provide accommodations and assistance to stranded passengers;

(4) Cancellation of confirmed reservation and transfer or downgrading to another

class;

(5) Forcibly ejecting a passenger from a seat and transferring him to another;

(6) Off-loading of passenger before the final destination;

(7) Bumping-off of or refusal to accept the passenger with confirmed tickets because
of erroneous entries in the tickets or lack of indorsement or because of undue
preference given to other passengers;

(8) In case of cancellation of the flight due to typhoon, the passenger was harangued
and prevented from boarding the replacement flight.

(9) After cancellation of a distressed flight, shuttling passengers to different places and
changing the stopping places without prior notice.

Physical Injuries to Passengers.

Breach of contract where the passenger was injured because the airline personnel failed to
properly latch the door of a serving car that swung open on take-off and struck a
passenger’s knee.

There was improper monitoring by flight attendants of overhead luggage racks resulting
in a suitcase falling on a passenger’s head.

Downgrading and Upgrading of Passengers.

There is breach of contract of carriage when an airline company bumped off a passenger
with confirmed reservation or downgraded the passenger’s seat accommodation from one
class to a lower class.

There is also breach of contract of carriage if the airline company “upgraded the seat
accommodation of a passenger.”

Delay and Diversion of Flight.

Japan Airlines v. Court of Appeals – Flight of the passenger to Manila was cancelled
because of the eruption of Mt. Pinatubo while on a stopover in Narita Airport in Japan.

Airline passengers must take such risks incident to the mode of travel. Adverse weather
conditions or extreme climactic changes are some of the perils involved in air travel, the
consequences of which the passenger must assume or expect.

The fact that the flight was cancelled due to fortuitous event does not mean that the
carrier’s duty already ended. The carrier was still obligated to look after the convenience
and comfort of the passenger. The carrier was obligated to make the necessary
arrangements to transport the passenger on the first available flight. In this cited case, the
carrier failed to do so and it even reclassified the passenger in question from “transit
passenger” to “new passenger.”

Singapore Airlines, Ltd. v. Fernandez – Supreme Court

reiterated the rule that delay or diversion of flight due to fortuitous
event does not terminate the contract of carriage. The carrier is still
duty-bound to safeguard the comfort, convenience and safety of its
stranded passengers. The carrier must also communicate to its
passengers the consequences of the delay in their flight so that the
passengers can make the proper arrangements.

Rude Treatment.
Northwest Airlines v. Catapang – the plaintiff-respondent Catapang was directed by
his employer to go to Paris on a business trip. As he intended to go to the United States
after his trip to Paris, he requested for a ticket that allows rebooking or rerouting of flight.
His request was granted for a fee and the rebooking scheme was annotated in the
restriction portion of the ticket. However, he was informed that his ticket was not
“rebookable or reroutable” when he arrived in New York. He was directed to proceed to a
nearest branch of the airline company but when he reached the branch, he was rudely
informed that the ticket was not rebookable and that he could not rebook unless he will
pay an additional amount of US$644.00. He was left without a choice but to pay such
amount. The Supreme Court ruled that there was a breach of contract of carriage.

(1) The carrier may be held liable for the rude and discourteous
treatment of its passengers not only by the crew inside the vessel but also the
staff in the airport as well as the staff in branch offices of the carrier. Thus, moral
damages were awarded in one case where the passenger was subjected to very
poor service, verbal abuse and abject lack of respect and consideration.

Over-booking.

In Northwest Airlines, Inc. v. Spouses Heshan

respondent spouses and their child first checked- in their luggage at the airport‟s
“curbside check-in” near the entrance three hours early. Since they arrived three hours
early, the passengers whiled away the time at a nearby coffee shop. When the check-in
counter opened, the respondents took to the line where they were second in the queue.
When their turn came and presented the tickets to carrier’s customer service agent to get
the boarding passes, they were asked to step aside and wait to be called again. After all
the other departing passengers were given their boarding passes, the respondents were
told to board the plane without any boarding pass given to them and to just occupy open
seats therein. Inside the plane, the respondents noticed that only one vacant passenger
seat was available, which was offered to their child, while respondent were directed to
occupy two “folding seats” located at the rear portion of the plane. To respondents, the
two folding seats were crew seats intended for the stewardesses. The carrier was made to
pay the respondents moral damages amounting to P500,000. The carrier “failed to
satisfactorily explain why it did not issue boarding passes to respondents who were
confirmed passengers, even after they had checked-in their luggage three hours earlier.”
The fact “that respondents did not have reserve seats prior to checking-in did not excuse
the non-issuance of boarding passes.”
“It is gathered that respondents were made to wait for last-minute cancellations before
they were accommodated onto the plane. This, coupled with petitioner’s failure to issue
respondents their boarding passes and the eleventh-hour directive for them to embark,
reinforces the impression that
the flight was overbooked.”

Cancellation due to Engine Malfunction.

Savel-lano v. Northwest Airlines – Supreme Court ruled that: “When, as a result of engine
malfunction, a commercial airline is unable to ferry its passengers on the original
contracted route, it nonetheless has the duty of fulfilling its responsibility of carrying
them to their contracted destination on the most convenient route possible. Failing in
this, it cannot just unilaterally shuttle them, without their consent, to other routes or
stopping places outside of the contracted sectors. However, moral damages cannot be
awarded without proof of the carrier’s bad faith, ill will, malice or wanton conduct.
Neither will actual damages be granted in the absence of convincing and timely proof
of loss. But nominal damages may be allowed under the circumstances in the case
herein.”

DENIED BOARDING PASSENGERS.

General rule is that the air carrier is duty bound to accept and board a passenger
with confirmed tickets if the passenger presents himself on time in the airline
counter in the airport.

There would be breach of contract on the part of the

carrier if its employees will refuse to accept the passenger with confirmed tickets.
The passenger has every right to expect that he be transported on that flight and on
that date. If he is not so transported, then the carrier opens itself to a suit for breach
of contract of carriage.

Under the Civil Aviation Regulations, an operator may deny

transportation if a passenger

(1) refuses to comply with the instructions regarding exit seating restrictions
prescribed by the CAAP; or

(2) has handicap that can be physically accommodated only by an exit row
seat.
Air carrier will not be liable if the passenger failed to present
himself on time in the airport counter, the burden of proving that the passenger is a
“no-show” passenger rests with carrier.

Applicable rule – Economic Regulation No. 7 (as Amended) dated May 14, 2012 of
the Civil Aeronautics Board which provides for rules on “Boarding Priority and
Compensation for Denied Boarding, Delayed and Cancelled Flights” when the
denial is due to honest mistakes.

United Airlines, Inc. v. Court of Appeals – Existing jurisprudence explicitly states that
overbooking amounts to bad faith – entitling passengers concerned to an award of moral
damages.

Alitalia Airways v. Court of Appeals – passengers with confirmed booking were refused
carriage on the last minute, this Court held that when an airline issues a ticket to a
passenger confirmed on a particular flight, on a certain date, a contract of carriage arises,
and the passenger has every right to expect that he would fly on that flight and on that
date. If he does not, then the carrier opens itself to a suit for breach of contract of
carriage. Where an airline had deliberately overbooked, it took the risk of having to
deprive some passengers of their seats in case all of them would show up for check in.
For the indignity and inconvenience of being refused a confirmed seat on the last minute,
said passenger is entitled to moral damages.

Economic Regulations No. 7, as amended, clearly states that when the overbooking does
not exceed ten percent (10%), it is not considered as deliberate and therefore does not
amount to bad faith.

Applicability.

Economic Regulation No. 7 shall apply to every Philippine and foreign air carrier with
respect to the following:

(1) flights or portion of flights within the territory of the

Philippines;
(2) flights or portion of flights from the territory of the
Philippines operated by a domestic or foreign carrier;
(3) denied boarding for reasons other than no-show or
cancellations of booking voluntarily made by passengers;
(4) delayed flights; and
 (5) cancelled flights

Honest Mistakes.

Economic Regulation is designed to cover only honest mistakes on the part of carriers
and excludes deliberate and wilful acts of non-accommodation.

The carrier would still be liable independent of the reason for the denial of the boarding
of a passenger if the carrier’s officer or employee was guilty of rude or uncalled for
conduct and the passenger was the victim of ill treatment.

Overbooking.

Overbooking not exceeding 10% of the seating capacity of the aircraft shall not be
considered as a deliberate and wilful act of non-accommodation. this provision no longer
appears in Section 3 of Economic Regulation No. 7. Nevertheless, Section 4 of Economic
Regulation No. 7 and Economic Regulation No. 9 expressly recognize the practice of
overbooking, that is, there can be oversold flight.

Priority Rules.

1. Thru Passengers Over Originating Passengers – Whenever a flight is scheduled via an

Intermediate station, thru passengers on board said flight shall have first priority at said
intermediate station.
2. Connecting Confirmed Passengers — Connecting confirmed passengers excluding
stop-over passengers at any station shall have second priority at the connecting
intermediate stations.
3. Originating Confirmed Passengers — Originating confirmed passengers at any station
shall have third priority.
4. Passengers with Conditional Reservation Tickets — Passengers holding conditional
reservation tickets shall have fourth priority.
5. Chance Passengers — Chance passengers shall be accommodated on a “first come, first
served” basis.

Defenses Against Limit of liability

1. Willful Misconduct
2. Gross negligence
3. Absence of baggage check
4. If there was waiver in the part of the carrier
5. Estoppel – When the carrier is estopped from invoking the provision of limit of liability
Venue of Action

In cases of damage – claim of damages can be brought before:

1. Domicile of carrier
2. Principal place of business of carrier
3. Where the carrier has an establishment which has been made
4. The court of the place of destination

Notice of claim or complaint

Must complain the carrier or else it is a prima facie evidence that the same has been received in
good condition.

Period to file

3 days baggage

7 Days receipt in case of goods

14 days in case of delay counted from the time the baggage was placed at the disposal of the
passenger

Exception – When there is fraud on the part of the carrier.

Prescription – 2 years reckoned from the date of arrival at the destination (Art 29 WC) or from
the date on which the aircraft ought to have arrived, or from the date on which the carrier
stopped.

The method of calculating the period of limitation shall be ddetermined by the law of the Court
seized of the case.

The WC provides the basic contents of Passenger ticket, baggage check and airway bill and non-
compliance therewith may result in the non-application of the limit of applicability.

PRACTICAL APPLICATION OF THE WARSAW CONVENTION