Practice question
An airline contract promises a higher passenger injury liability limit than the Convention. After an accident, the carrier says Article 25 forbids that promise and insists on the lower treaty figure. Resolve.
- The higher promise is void because treaty protection can never be increased.
- Article 25 expressly permits the higher undertaking; the treaty does not invalidate it merely for exceeding its limits.
- Every higher promise cancels the whole carriage contract.
- Only a shipper of cargo can receive higher protection.
- The passenger must accept a lower limit under Article 26.
Legal references
- Montreal Convention 1999, authentic treaty text, Articles 18, 20-21 and 25-28, UN Treaty Series volume 2242, No. 39917: https://treaties.un.org/doc/Publication/UNTS/Volume%202242/v2242.pdf
- ICAO, Montreal Convention administrative package, revised limits effective December 28, 2024: https://www.icao.int/sites/default/files/secretariat/legal/Administrative%20Packages/mtl99_en.pdf
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