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Montreal Convention: Air Passenger Rights

The Montreal Convention is a multilateral treaty from 1999 that amended the Warsaw Convention's rules around compensation for air disasters. It re-established uniform international carriage rules for passengers, baggage, and cargo. The new treaty modernized key areas like introducing strict liability for airlines up to $170,000 in damages, allowing families to sue in their home countries, and requiring liability insurance. It also increased maximum baggage liability for airlines and timelines for lost luggage claims.

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50 views1 page

Montreal Convention: Air Passenger Rights

The Montreal Convention is a multilateral treaty from 1999 that amended the Warsaw Convention's rules around compensation for air disasters. It re-established uniform international carriage rules for passengers, baggage, and cargo. The new treaty modernized key areas like introducing strict liability for airlines up to $170,000 in damages, allowing families to sue in their home countries, and requiring liability insurance. It also increased maximum baggage liability for airlines and timelines for lost luggage claims.

Uploaded by

saad khan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Montreal convention

The Montreal Convention is a multilateral treaty adopted by a diplomatic meeting of ICAO member
states in 1999. It amended important provisions of the Warsaw Convention's regime concerning
compensation for the victims of air disasters.

The Convention attempts to re-establish uniformity and predictability of rules relating to the
international carriage of passengers, baggage and cargo. Whilst maintaining the core provisions of the
Warsaw regime), the new treaty achieves modernization in a number of key areas.

It protects passengers by introducing a two-tier liability system that eliminates the previous requirement
of proving willful neglect by the air carrier to obtain more than US$75,000 in damages, which should
eliminate or reduce protracted litigation.

Damages under the convention: air carriers are strictly liable for proven damages up to 113,100.00
special drawing rights (SDR), a mix of currency values established by the International Monetary Fund
(IMF) equal to roughly US$170,000. Where damages of more than 113,100.00 SDR are sought, the
airline may avoid liability by proving that the accident which caused the injury or death was not due to
their negligence or was attributable solely to the negligence of a third party. This defense is not available
where damages of less than 113,100.00 SDR are sought. The Convention also amended the jurisdictional
provisions of Warsaw and now allows the victim or their families to sue foreign carriers where they
maintain their principal residence, and requires all air carriers to carry liability insurance.

The Convention does not recognize compensation for psychiatric injury or damage unless linked to
physical injury. Article 17 of the Convention refers to "bodily injury" in setting out the liability of the
carrier for accidents.

Baggage: The Montreal Convention changes and generally increases the maximum liability of airlines for
lost baggage to a fixed amount 1,131 SDR per passenger (the amount in the Warsaw Convention is
based on weight of the baggage). It requires airlines to fully compensate travelers the cost of
replacement items purchased until the baggage is delivered, to a maximum of 1,131 SDR. At 21 days any
delayed baggage is considered lost, until the airline finds and delivers it.

Article 17 and 18 important

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