• the Montreal Convention 1999 for the Uni!cation of Certain Rules for International Carriage by Air (MC); • the Athens Convention 2002 relating to the Carriage of Passengers and their Luggage by Sea (AC); and • the Uniform Rules concerning the Contract of International Carriage of Passengers by Rail (CIV), Appendix A to the Convention concerning International Carriage by Rail (COTIF). As far as carriage by air, by sea or by train is included in a package the liability of the organiser is limited in the same way as the liability of the organiser. As correctly pointed out by the Advocate General of the CJEU, the regulatory objective of this provision is to ensure fairness and legal consistency, so that organisers are not held to a higher standard than the service provider itself under international law.77 "e Montreal Convention which applies to international carriage by air78 or domestic carriage within the EU,79 covers liability of the air carrier for death or bodily injury of a passenger due to an accident on board or in the course of embarking or disembarking80 as well as liability for destruction or loss of or damage to baggage81 and delay of passengers or baggage.82 Where carriage by air is part of the contract concluded with the package organiser, the organiser is regarded the contracting carrier83 under the MC.84 Likewise, the Athens Convention, applicable to international carriage by sea85 or domestic carriage within the EU,86 covers liablilty for the loss su%ered as a result of the death of or personal injury to a passenger (with di%erent limitations and conditions applying whether or not the death or injury was caused by a shipping 77 Opinion of the Advocate General of 4 Sep. 2025 in case C-629/24 – Costa Crociere, ECLI:EU:C:2025:673, margin 47. 78 Article 1 MC. 79 Council Regulation (EC) No. 2027/97 of 9 October 1997 on air carrier liability in the event of accidents as amendend by Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002, Article 1. 80 Article 17(1) MC. 81 Article 17(2) MC. 82 Article 19 MC. 83 Article 39 MC. 84 Reuschle, Montrealer Übereinkommen2, Art. 1 margin 9. 85 Article 2(1) AC. 86 Regulation (EC) No. 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents, Article 1(2). 359 ARTICLE 14 | MICHAEL WUKOSCHITZ
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