ICAO ANNOUNCES REVISED LIABILITY LIMITS
December 23, 2024
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ICAO ANNOUNCES REVISED LIABILITY LIMITS
The International Civil Aviation Organization (“ICAO”) recently announced its intention to increase the liability limits under the Convention for the Unification of Certain Rules for International Carriage by Air (“Montreal Convention”) with respect to passenger death and injury, passenger delay and lost, damaged or delayed baggage, and cargo shipments. We recommend that carriers review tariffs, contracts of carriage, websites, e-tickets, and other relevant documentation to ensure any liability language contained therein is updated. As needed, update regulators and/or file revised tariffs where required (e.g., with CTA and DOT).
These changes will take effect on December 28, 2024. The applicable changes are detailed in the below chart.
|
Event |
Original Limit |
Limit As of Dec 19, 2019 until Dec 27, 2024 |
New Limit As of Dec 28, 2024 |
|
In the case of destruction, loss, damage, or delay in relation to the carriage of cargo (Article 22, paragraph 3) |
17 SDRs per kilo |
22 SDRs per kilo |
26 SDRs per kilo Approx. $34 USD) |
|
In the case of destruction, loss, damage, or delay with respect to baggage (Article 22, paragraph 2) |
1,000 SDRs |
1,288 SDRs |
1,519 SDRs Approx. $1,940 USD) |
|
In relation to damage caused by delay in the carriage of persons (Article 22, paragraph 1) |
4,150 SDRs |
5,346 SDRs |
6,303 SDRs Approx. $8,049 USD) |
|
For damage sustained in case of death or bodily injury of a passenger (for the first tier Article 21, paragraph 1) |
100,000 SDRs |
128,821 SDRs |
151,880 SDRs Approx. $193,959 USD) |
If you require any assistance or have questions regarding the updates, please do not hesitate to contact us.
This Aviation Blog is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or Tyler Myers at 202.659.6642 or tmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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