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Limits on Compensation for Damages Lifted on Int’l Routes - Revised Montreal Convention Comes into Effect

(01/15/2010)

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Limits on Compensation for Damages Lifted on Int’l Routes - Revised Montreal Convention Comes into Effect

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An airplane taking off LAX airport. Photo: ©Jun Matsumoto

The Ministry of Land, Infrastructure, Transport and Tourism (MLIT) announced that amended provisions under the Montreal Convention came into effect on December 30, 2009 raising the limit on compensation for damages and the liability of airline companies when operating international flights.

The convention stipulates the liabilities of air transport carriers for international air transport and the range of compensation for damages for death, injury, lost luggage, delays and more for the 92 countries that have ratified the agreement. It came into effect in November 2003, and revisions to the limits on compensation for damages have been revised for the first time.

Under the revised limits, compensation for passenger death is 113,100 SDR (15,906,067 JPY), 113,100 SDR (15,906,067 JPY) for lost luggage (including delayed transport) and 4,150 SDR (583,644 JPY) for traveler delays. All amounts are per passenger and mark an 11% increase from before. (SDR stands for Special Drawing Rights issued by the International Monetary Fund, which are a denominator for a common global currency. Yen rates in this article are current as of December 1, 2009. Limits may not apply in some cases, such as those caused by poor judgment or intentional harm or damage.)

According to the ministry’s International Aviation Office, the provisions will also apply to aircraft arriving in Japan which belong to airline companies based in countries who are not signatories to the convention.

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