(a) As required by the Montreal Agreement, carriers that are otherwise generally required to file tariffs shall file with the Department's Pricing and Multilateral Affairs Division a tariff that includes the provisions of the counterpart to Agreement 18900.
(b) As further required by that Agreement, each participating carrier shall include the Agreement's terms as part of its conditions of carriage. The participating carrier shall give each of its passengers the notice required by the Montreal Agreement as provided in § 221.105 of this chapter.
(c) Participation in the Montreal Agreement, whether by signing the Agreement, filing a signed counterpart to it under § 203.3, or by operation of law under § 203.5, shall constitute a special agreement between the carrier and its passengers as a condition of carriage that a liability limit of not less than $75,000 (U.S.) shall apply under Article 22(1) of the Warsaw Convention for passenger injury and death. Such participation also constitutes a waiver of the defense under Article 20(1) of the Convention that the carrier was not negligent.
(The reporting provisions contained in paragraph (a) were approved by the Office of Management and Budget under control number 3024-0064.)
[ER-1324, 48 FR 8044, Feb. 25, 1983, as amended by ER-1338, 48 FR 31013, July 6, 1983; Doc. No. 47939, 57 FR 40100, Sept. 2, 1992; Doc. No. DOT-OST-2014-0140, 84 FR 15924, Apr. 16, 2019]
Notes of Decisions
Piamba Cortes Ex Rel. Piamba Cortes v. Am. Airlines, Inc., 177 F.3d 1272 (11th Cir. 1999).
“See 14 C.F.R. § 203.4 (1998). 5 . In 1994, the International Air Transport Association ("IATA”) launched an initiative for its member airlines to waive, by private contractual agreement, the liability cap contained in Article 22 of the Convention.”
Hardy v. Scandinavian Airline Sys, 117 F.4th 252 (5th Cir. 2024).
· cites it 2× “” 14 C.F.R. § 203.4 (b). Hardy asserts those regulations support her claim that SAS has consented to jurisdiction anywhere in the United States.”
Price v. KLM Royal Dutch Airlines, 107 F. Supp. 2d 1365 (N.D. Ga. 2000).
· cites it 2× “§ 1502 note (1976); 14 C.F.R. § 203.4 . The carriers also agreed not to invoke the Article 20(1) defense of having taken all necessary measures to avoid the damage or that it was impossible to take such measures.”
Cortes v. Am. Airlines, Inc., 177 F.3d 1272 (11th Cir. 1999).
“See 14 C.F.R. § 203.4 (1998). 16 On September 28, 1998, the Senate ratified the fourth of the Montreal Protocols (“Montreal Protocol No.”
Murphy v. Airway Air Charter, Inc (S.D. Fla. 2024).
“14 C.F.R. § 203.4 (2019) (“Participation in the Montreal Agreement, whether by signing the Agreement, filing a signed counterpart to it under § 203.”
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