OK it seems quite confusing but I think I have it figured out, tell me if this is right.
1. I am a Canadian resident, Canada is listed as a party to the Montreal convention, so any international flights I take from Canada should be covered under the Montreal convention. Domestic flights would presumably be covered under some other Canadian legislation.
2. When I fly YPR-YVR-HNL on one round-trip ticket with Air Canada, for baggage damage or loss I would be covered up to 1000 XDR if I can prove actual damage, regardless of whether the damage happens on the domestic or international part of the trip.
3. For the same flight if the flight is delayed and can proved monetary loss due to the delay I can be compensated up to 4150 XDR.
I have a few questions about this.
First how are you supposed to prove your monetary damages when your baggage is lost? I might have $1500.00 worth of clothing in my luggage but I won't have any receipts unless the item has been newly purchased. All I will have is an estimate of the value of my clothing.
How do they define personal damages due to delay? For example, if I am delayed and my whole family loses one day of our vacation, who can put a dollar value on this? I would estimate a few hundred dollars per day per person.
There is no mention I could see in the Montreal convention about delays due to weather. I have always understood that airlines are not responsible at all for cancelled or delayed flights due to weather conditions. There is no distinction I see in the Montreal convention regarding the cause of the delay.
Also whenever I travel with skis or fragile items Air Canada makes me sign a waiver of liability. However according to the Montreal Convention
"Article 26 - Invalidity of Contractual Provisions
Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention."
Finally does anyone know what rules apply for domestic flights within Canada? Whenever my luggage has been delayed I have been given no compensation at all by Air Canada, but I didn't push for it.