[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR203.4]



[Page 10]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 203_WAIVER OF WARSAW CONVENTION LIABILITY LIMITS AND DEFENSES

--Table of Contents

 

Sec. 203.4  Montreal Agreement as part of airline-passenger contract 

and conditions of carriage.



    (a) As required by the Montreal Agreement, carriers that are 

otherwise generally required to file tariffs shall file with the 

Department's Tariffs 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 Sec. 

221.175 of this chapter.

    (c) Participation in the Montreal Agreement, whether by signing the 

Agreement, filing a signed counterpart to it under Sec. 203.3, or by 

operation of law under Sec. 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; Docket No. 47939, 57 FR 40100, Sept. 2, 1992]