UPDATE REQUIRED TO THE NOTICE TO INTERNATIONAL PASSENGERS ON LIMITATIONS OF LIABILITY
May 1, 2019
Pursuant to a final rule issued by the U.S. Department of Transportation (DOT) entitled “Elimination of Obsolete Provisions and Correction of Outdated Statutory References in Aviation Economic Regulations,” all carries will be required, effective May 16, 2019 to update their limitations of liability notice, which is required under 14 CFR 221.105. By May 16, 2019, the updated notice must be provided, in a 10-point modern font: 1) on e-ticket confirmations; 2) on paper, provided in a ticket envelope with a physical ticket or attached to a physical ticket; or 3) on a ticket envelope. Carriers must also ensure that all required desk signage with the limitation on liability notice reflects the updated language by December 31, 2019. The new required language is as follows:
Passengers embarking upon a journey involving an ultimate destination or a stop in a country other than the country of departure are advised that the provisions of an international treaty (the Warsaw Convention, the 1999 Montreal Convention, or other treaty), as well as a carrier’s own contract of carriage or tariff provisions, may be applicable to their entire journey, including any portion entirely within the countries of departure and destination. The applicable treaty governs and may limit the liability of carriers to passengers for death or personal injury, destruction or loss of, or damage to, baggage, and for delay of passengers and baggage.
Additional protection can usually be obtained by purchasing insurance from a private company. Such insurance is not affected by any limitation of the carrier’s liability under an international treaty. For further information please consult your airline or insurance company representative.
If you will experience difficulty in meeting these requirements by the May 16, 2019 deadline, please contact us.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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