According to the Montreal Convention, ICAO must revise the liability limits in the Montreal Convention every 5 years. The last time the limits were raised was in 2019. ICAO has now announced that the limits need to be increased again due to the inflation factor having increased by more than 10% since 2018.
According to the Montreal Convention, the new limits must enter into force six months after ICAO has notified the states. This means that the new limits will apply from 28 December 2024. The new limits will apply to most of the world.
The table below shows the percentage increase from the last revision to now. The increase is approximately 18%.
Liability category | The original liability limits | 2019-limits | 2024-limits | Percentage increase |
|---|---|---|---|---|
Personal injury compensation (MC99 art. 21) | 100.000 SDR | 128.821 SDR | 151.880 SDR | 17,9 % |
Passenger delay (MC99 art. 22(1)) | 4.150 SDR | 5.346 SDR | 6.303 SDR | 17,9 % |
Damage, loss, or delay of baggage (MC99 art. 22(2)) | 1.000 SDR | 1.288 SDR | 1.519 SDR | 17,9 % |
Damage, loss, and delay of goods (MC99 art. 22(3)) | 17 SDR | 22 SDR | 26 SDR | 18,2 % |
iuno's opinion
At iuno, we consider the significant increase in liability limits a sign that ICAO has become more aware that liability limits are not eroded by inflation and that ICAO wants to protect passengers and other injured parties more effectively.
Airlines should know they may be liable for significantly higher claims than before. The airlines' general terms and conditions must be brought up to date, as well as their websites and brochures.
[Proposal for an act to amend the Danish Aviation Act and to repeal the act on extension of Denmark's participation in the Scandinavian aviation cooperation presented on 2 October 2024]