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26 February 2020
As of 28 December 2019, the limitations of liability in the Montreal Convention were adjusted.
The maximum liability for cargo damage (ie, loss, damage, destruction or delay) is now 22 special drawing rights (SDRs) per kilo (Article 22(3)). The SDR is a unit of account of the International Monetary Fund and is calculated on a day-to-day basis.
The maximum liability for damage to baggage in the abovementioned scenarios has also been increased to 1,288 SDRs per passenger (Article 22(2)).
The maximum liability for damage caused by delay in the carriage of passengers is 5,346 SDRs per passenger (Article 22(1)).
In the event of the death or injury of passengers, the carrier will in future be liable up to 128,821 SDRs per passenger.
The reason for the increase is that the Montreal Convention contains a revision clause according to which the maximum liability amounts are to be reviewed regularly (ie, every five years (Article 24(1)). This is intended to prevent a devaluation of liability through an ongoing inflation.
The last adjustment was made in 2009. Prior to that, the liability amounts had remained unchanged for 10 years. The new limits of liability apply to damaging events during air transport which were carried out after the amendments came into force.
For further information on this topic please contact Carsten Vyvers at Arnecke Sibeth Dabelstein by telephone (+49 69 97 98 85 0) or email (firstname.lastname@example.org). The Arnecke Sibeth Dabelstein website can be accessed at www.asd-law.com.
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