[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: 14CFR221.105]



[Page 71-72]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

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

                         (AVIATION PROCEEDINGS)

 

PART 221_TARIFFS--Table of Contents

 

   Subpart K_Availability of Tariff Publications for Public Inspection

 

Sec. 221.105  Special notice of limited liability for death or injury 

under the Warsaw Convention.



    (a)(1) In addition to the other requirements of this subpart, each 

air carrier and foreign air carrier which, to any extent, avails itself 

of the limitation on liability to passengers provided by the Warsaw 

Convention, shall, at the time of delivery of the ticket, furnish to 

each passenger whose transportation is governed by the Convention and 

whose place of departure or place of destination is in the United 

States, the following statement in writing:



     Advice to International Passengers on Limitations of Liability



    Passengers embarking upon a journey involving an ultimate 

destination or a stop in a country other than the country of departure 

are advised that the provisions of a treaty known as the Warsaw 

Convention may be applicable to their entire journey including the 

portion entirely within the countries of departure and destination. The 

Convention governs and in most cases limits the liability of carriers to 

passengers for death or personal injury to approximately $10,000.

    Additional protection can usually be obtained by purchasing 

insurance from a private company. Such insurance is not affected by any 

limitation of the carrier's liability under the Warsaw Convention. For 

further information please consult your airline or insurance company 

representative.



    (2) Provided, however, That when the carrier elects to agree to a 

higher limit of liability to passengers than that provided in Article 

22(1) of the Warsaw Convention, such statement shall be modified to 

reflect the higher limit. The statement prescribed herein shall be 

printed in type at least as large as 10-point modern type and in ink 

contrasting with the stock on:

    (i) Each ticket;

    (ii) A piece of paper either placed in the ticket envelope with the 

ticket or attached to the ticket; or

    (iii) The ticket envelope.

    (b) Each air carrier and foreign air carrier which, to any extent, 

avails itself of the limitation on liability to passengers provided by 

the Warsaw Convention, shall also cause to be displayed continuously in 

a conspicuous public place at each desk, station, and position in the 

United States which is in the charge of a person employed exclusively by 

it or by it jointly with another person, or by any agent employed by 

such air carrier or foreign air carrier to sell tickets to passengers 

whose transportation may be governed by the Warsaw Convention and whose 

place of departure or destination may be in the United States, a sign 

which shall have printed thereon the statement prescribed in paragraph 

(a) of this section: Provided, however, That an air carrier, except an 

air taxi operator subject to part 298 of this subchapter, or foreign air 

carrier which provides a higher limitation of liability than that set 

forth in the Warsaw Convention and has signed a counterpart of the 

agreement among carriers providing for such higher limit, which 

agreement was approved by the Civil Aeronautics Board by Order E-23680, 

dated May 13, 1966 (31 FR 7302, May 19, 1966), may use the alternate 

form of notice set forth in the proviso to Sec. 221.106(a) of this 

chapter in full compliance with the posting requirements of this 

paragraph. And provided further, That an air taxi operator subject to 

part 298 of this subchapter, which provides a higher limitation of 

liability than that set forth in the Warsaw Convention and has signed a 

counterpart of the agreement among carriers providing for such higher 

limit, which agreement was approved by the Civil Aeronautics Board by 

Order E-



[[Page 72]]



23680, dated May 13, 1966 (31 FR 7302, May 19, 1966), may use the 

following notice in the manner prescribed by this paragraph in full 

compliance with the posting requirements of this paragraph. Such 

statements shall be printed in bold faced type at least one-fourth of an 

inch high.



      Advice to International Passengers on Limitation of Liability



    Passengers traveling to or from a foreign country are advised that 

airline liability for death or personal injury and loss or damage to 

baggage may be limited by the Warsaw Convention and tariff provisions. 

See the notice with your ticket or contact your airline ticket office or 

travel agent for further information.