Practice question
A contract calls for air carriage between two cities. Without the consignor's consent, the carrier substitutes rail for that segment. It argues that Article 18 can never reach the rail segment because it lies outside an airport. Resolve.
- Article 18(4) deems the unauthorized substituted mode within the period of carriage by air.
- Every rail substitution automatically voids all cargo rights.
- The carrier is correct regardless of consent.
- The cargo becomes passenger baggage.
- Only the railway's label controls the treaty period.
Legal references
- Montreal Convention 1999, authentic treaty text, Articles 18, 20-21 and 25-28, UN Treaty Series volume 2242, No. 39917: https://treaties.un.org/doc/Publication/UNTS/Volume%202242/v2242.pdf
- ICAO, Montreal Convention administrative package, revised limits effective December 28, 2024: https://www.icao.int/sites/default/files/secretariat/legal/Administrative%20Packages/mtl99_en.pdf
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