On looking back and summarizing the results obtained above, we shall find—if the principles here followed are accepted as sound—that the Warsaw Rules apply in only a few cases to the contract between the airplane owner and the charterer. Time and voyage charters fall within the scope of the Convention if the charterer uses the airplane for transportation of himself or of his own merchandise (except for the very rare situation that arises when the aircraft owner really has no practical possibility of issuing the documents required), and also if the family or some friends of the charterer are carried at the invitation of the charterer and at his expense. In other cases the Warsaw Rules do not apply. As to bare-hull charter, the Convention can never cover any kind of such charter agreements. It is a remarkable feature that the line of distinction does not run between time and voyage charter agreements, a fact which confirms that it is unsuitable to base the air charter rules on maritime law concepts.1
KeywordsRare Situation Practical Possibility Mandatory Rule Charter Rela Contractual Freedom
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