Practice question
Following an aircraft accident, a carrier makes an Article 28 advance required by its national law. Damages are later awarded. May that advance be credited against the later damages payment?
- No; an advance can never be credited.
- Only if the passenger admits ownership of the aircraft.
- Only if every claimant waives a hearing.
- Yes; Article 28 permits an offset against damages subsequently paid by the carrier.
- The advance automatically replaces the entire award whatever its amount.
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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