Air transport

Montreal Convention (‘MC’)
MC regards all international carriage by air, involving a departure and destination located in different member states, or involving a departure and destination in the same member state and a stopover in another state (art. 1 MC).    
 
Dutch Law
Transport agreement by air (art. 8:1350 DCC).

Montreal Convention
MC does not provide a definition. Besides the contractual and factual carrier, there is the subsequent carrier (art. 36, 39 and 40 MC).     
 
Dutch Law
Anyone by whom or on whose behalf a transport agreement was concluded with the consignor, including the contractual, factual and subsequent carrier (art. 8:1350 sub 1 jo 8:1345 sub 1 and 2 jo 8:1420 sub 1 DCC).

Montreal Convention
MC does not provide a definition. The consignor is assumed to be the party with whom the carrier agrees to transport the cargo by air. 

Dutch Law
Anyone by whom or on whose behalf a transport agreement was concluded with the carrier, including the time charter and/or voyage charter (art. 8:1350 sub 1 jo 8:1352 DCC).

Montreal Convention
MC does not provide a definition. The consignee is assumed to be the party to whom the cargo shall be delivered according to the agreement. 
 
Dutch Law
DCC does not provide a definition. The consignee is assumed to be the party to whom the cargo shall be delivered according to the agreement. 

Montreal Convention
The consignor or the consignee, dependent on which party has the right of disposal (art. 12 - 14 MC); please also refer to Supreme Court 19 April 2002, NJ 2002, 412, "KLM/Sainath". 
 
Dutch Law
The consignor or the consignee, dependent on which party has the right of disposal (art. 8:1373 - 8:1375 DCC).

Montreal Convention
The air transport consist of the period in which the cargo is in the custody of the carrier (art. 18 sub 3 MC). In the event that the air carrier, without the permission of the consignor, replaces part of the transport by another means of transportation, the fiction is assumed that the damages were incurred during air transportation. 
 
Dutch Law
From the moment of receipt of the cargo until the moment of delivery (art. 8:1351 jo 8:1353 DCC).

Montreal Convention
The carrier is liable for loss damage of the cargo, which were incurred during the liability term  (art. 18 sub 1 MC). 
 
Dutch Law
The carrier is liable for loss or damage of the cargo, which were incurred during the liability term   (art. 8:1353 sub 1 DCC).

Montreal Convention
The carrier is liable for damage as a consequence of delay in the carriage by air (of the cargo) (art. 19 MC).  
 
Dutch Law
The carrier is liable for damage as a consequence of delay in the carriage by air (of the cargo) (art. 8:1354 DCC).

Montreal Convention
In the event that the carrier proves that the damages were incurred as a consequence of: the nature of the cargo or defective cargo; faulty packaging by or on behalf of another party than the carrier; acts of war or armed conflict; a government act in relation to import, export or throughput of goods; fault or neglect by the cargo interested party (art. 18 sub 2 and 20 MC). Carrier force majeure is only possible in the event of damages as a consequence of delay (art. 19 MC). 
 
Dutch Law
In the event that the carrier proves that the damages were incurred as a consequence of: the nature of the cargo or defective cargo; faulty packaging by or on behalf of another party than the carrier; acts of war or armed conflict; a government act in relation to import, export or throughput of goods; fault or neglect by the cargo interested party (art. 8:1353 sub 2 and 8:1355 sub 1 DCC). Carrier force majeure is only possible in the event of damages as a consequence of delay (art. 8:1354 DCC).

Montreal Convention
The party entitled to claim shall prove that the damages/loss were incurred during the liability term. The carrier is not liable in the event and insofar he proves that the damages/loss is caused by one of the exemption grounds mentioned in art. 18 sub 2 and 20 MC.  

Dutch Law
The party entitled to claim shall prove that the damages/loss were incurred during the liability term. The carrier may in response to that prove that the damages/loss was caused exclusively  by one of the exemption grounds mentioned in art. 8:1353 sub 2 and 8:1355 sub 1 DCC (no partial exemption in the event of coinciding causes).

Montreal Convention
Provides presumption of evidence regarding conclusion of the agreement, receipt of cargo and transport conditions. Counter evidence is possible (art. 11 MC).

Dutch Law
Provides presumption of evidence regarding conclusion of the agreement, receipt of cargo and transport conditions. Counter evidence is possible (art. 8:1371 DCC).

Montreal Convention
MC does not contain any provisions in this respect.

Dutch Law
Destination value (art. 8:1357 sub 1 DCC).

Montreal Convention 
22 SDR per kilogram, also in the event of delay (art. 22 sub 3 MC).

Dutch Law
22 SDR per kilogram, also in the event of delay (art. 8:1359 sub 1 DCC).

Montreal Convention
MC does not contain any provisions in this respect.  

Dutch Law
Excluded (art. 8:1357 sub 1 DCC).

Montreal Convention
MC does not provide for exceeding the limitation. 

Dutch Law
Book 8 DCC does not provide for exceeding the limit.

Montreal Convention
Higher limitation is allowed if the provisions of art. 22 sub 3 (value declaration) or art. 25 MC are met.

Dutch Law
Higher limitation is allowed if the provisions of art. 8:1359 sub 1 (value declaration) or art.8:1356 DCC are met. 

Montreal Convention
The carrier’s liability is limited to the provisions of the MC (art. 29 jo 30 MC).   

Dutch Law
"The aggressor is given a taste of his own medicine" (art. 8:1340 jo 8:361-8:366 DCC).

Montreal Convention
In the event of damages, the consignee shall protest in writing to the carrier directly after the discovery of the damages and ultimately within 14 days of delivery. In the event of delay within 21 days of delivery (art. 31 sub 2 MC).   

Dutch Law
In the event of damages, the consignee shall protest in writing to the carrier directly after the discovery of the damages and ultimately within 14 days of delivery. In the event of delay within 21 days of delivery (art. 8:1834 DCC).

Montreal Convention
Inadmissibility claim, except in case of fraud (art. 31 sub 4 MC).  

Dutch Law
Loss of claim, except in case of fraud (art. 8:1834 DCC).

Montreal Convention
Timebar of two years, counting from the day of arrival at the destination, the day that the aircraft should have arrived or interruption of the transport (art. 35 sub 1 MC).  

Dutch Law
Timebar of two years, counting from the day of arrival at the destination, the day that the aircraft should have arrived or interruption of the transport (art. 8:1835 DCC).

Montreal Convention
Claimant’s choice, court of carrier’s domicile, of the statutory seat of his company, or the location of a subsidiary or the court of the destination (art. 33 sub 1 MC). 

Dutch Law
The DCC does not contain any provisions in this respect. This shall be determined on the basis of international rules and regulations (such as the EEX Regulation and the EVEX Treaty) or the Civil Procedures Act.