Multimodal transportation a practical approach Mike Muller Michael

Multimodal transportation – a practical approach Mike Muller Michael Gill Head IATA Interline & Intermodal Policy Senior Legal Counsel 1

In the beginning …. door-to-door multimodal carriage 2

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The Good Old Days 5 5

Multimodal international air transport Ö There is no single international liability treaty governing multimodal transportation for passengers or cargo Ö A patchwork of potentially applicable regimes exists from Warsaw Convention 1929 through to Montreal Convention 1999 Ö In principle, the air carrier’s rules only apply to carriage by air 6

Multimodal international air transport Ö If the air segment is covered by international Convention, the parties can agree by contract that the conditions relating to other modes of transport apply to the surface segment Ö IATA has produced such provisions for the carriage of ÖPassengers - Notice on back of coupon ÖCargo – Resolution 600 b 7

Passengers Ö The Conventions provide that the carrier’s liability extends to accidents taking place «on board the aircraft or in the course of any of the operations of embarking or disembarking. » Ö Notice on back of coupon OTHER TRANSPORTATION AND/OR SERVICES Where this coupon is issued for transportation, or services other than air transportation, specific terms and conditions may apply. These terms and conditions may be included in the ticket set or may be obtained from the issuing company or agent. 8

Cargo Ö The Conventions provide that «Carriage by air does not extend to any carriage by land by sea or by inland waterway performed outside an airport. » Ö Surface shipments are presumed to be covered by the contract of carriage if they took place for the purpose of «loading, delivery or transhipment. » Ö Carriage by air means the period «during which the cargo is in the charge of the carrier. » 9

Cargo Ö Resolution 600 b - Notice appearing on the face of the air waybill: «ALL GOODS MAY BE CARRIED BY ANY OTHER MEANS INCLUDING ROAD…. » Ö Section 9 «Carrier may use alternative…. modes of transportation without notice…» 10

Cargo Ö Recommended Practice 1601 – Conditions of Carriage Section 6. 3. 2 – Carrier is authorized to carry the consignment wholly or partly by any other means of surface transportation…. Section 11. 11 – whenever the liability of the carrier is excluded or limited under these conditions, such exclusion or limitation shall apply when «…. other means of transportation is used for Carriage» 11

Passenger Rights: greater transparency needed 12

The situation today: a proliferating mess… Formal regime Informal regime 13 Regime undefined

Passenger rights regulations Ö IATA has expressed concern regarding the proliferation of passenger rights regimes across the globe Öwith over 55 domestic and regional regimes now in effect Ö Uncoordinated and extra-territorial passenger rights regulation causes confusion for passengers ÖExample: Flying from the USA to Israel via Europe presents three conflicting passenger rights regimes Ö Most regimes ignore the existing international conventions on air carriage 14

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What does the customer expect? • • • A single “travel planner” for intermodal options (transparency on timings, pricing and options) One-stop shopping for all bookings Single itinerary (include weather and special offers) Single fare (pay in one currency and in one transaction) Single ticket Through-checking of bags On-the-spot/on-the-go information Single “Conditions of Contract” (disruption/recovery) Integrated/harmonized “Passenger Rights” Is this too much to ask? 16

What is likely in the short and medium term? 17 17

Short Term Individual rail companies will pay for special insurance in order to be able to compensate passengers when their train is late or causes a missed connection at an airport Ø Example: Flytoget airport express train to Oslo airport Transportation partners (for example rail and air) agree bilaterally to look after their multimodal passengers free of charge when there is a significant delay or disruption Ø Example: VIA Rail Canada and Royal Jordanian Airlines 18

Medium Term Insurance companies will develop special products which can be tailored to the needs of passengers. Such products will link together the contracts of the various tickets which each form their own separate contract. Ø Example: Touring Club Suisse (TCS) provides stand-alone insurance which compensates you and members of your family if one of you falls sick and is unable to travel. 19

Conclusion If you value extra protection for intermodal products – buy some! 20

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