Reminder: New Montreal Convention Liability Limits
February 6, 2020
On January 17, 2020, DOT published a Notice in the Federal Register to officially inform U.S. and foreign air carriers of inflation adjustments to existing liability limits under the Montreal Convention. If not done already, airlines should review their claims and insurance documentation, along with their websites, Conditions of Carriage, Tariffs and notices to consumers during the purchase process, to ensure that references to the Montreal Convention limits are up-to-date. Failure to update these documents in a timely manner could subject an air carrier, foreign air carrier, indirect air carrier, or ticket agent to civil penalties.
As we previously reported, these limits went into effect on December 28, 2019. The table below shows the old and new limits, as expressed using the Convention’s international standard of Special Drawing Rights (SDR):
|
Provisions of the Montreal Convention |
Old Limits (effective Dec. 30, 2009) |
New Limits (effective Dec. 28, 2019) |
|
Article 21 Death or injury of passengers |
113,100 SDR |
128,821 SDR |
|
Article 22, paragraph 1 Delay to passengers |
4,694 SDR |
5,346 SDR |
|
Article 22, paragraph 2 Destruction, loss, damage or delay of baggage |
1,131 SDR |
1,288 SDR |
|
Article 22, paragraph 3 Destruction, loss, damage or delay of cargo |
19 SDR per kilogram |
22 SDR per kilogram |
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).
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