The Montreal Agreement 1966

Some of the passenger services codified by the convention are already included in the IATA/ATA agreements. However, these agreements are voluntary on the part of the airlines; they are not enshrined in law. Although the airlines that have signed these agreements consistently waive Warsaw`s liability limits, not all of them assume strict liability of up to 100,000 SDRs. In addition, inter-Career agreements do not contain any provisions on inflation protection. Moreover, these agreements do not contain the “fifth” jurisdictional provision, codified in Article 33, paragraph 2, of the Convention. Finally, in the case of codeshare operations, the IATA/ATA agreements do not guarantee passengers and cargo shippers that they have recourse against both the contracting air carrier and the actual air carrier operating the flight. The convention requires the ratification, acceptance, approval or accession of thirty states before it comes into force. The entry into force of the Convention will take precedence over the Warsaw Convention and all its amendments and related instruments and, in practice, will succeed the private agreements concluded between air freight carriers where the member or states involved in a particular accident are parties to the new convention. For the United States, the new convention, after the ratification and entry into force of the United States, would succeed the Warsaw Convention as amended for flights between the United States and foreign states also parties to the convention and for international flights to and from the United States (return flights).

In the face of the failure of the state`s efforts to modernise the passenger liability regime, the Ministry of Transport, under the auspices of IATA and the Air Transport Association (ATA), facilitated communications between U.S. and foreign airlines to develop private voluntary agreements under which air carriers would waive passenger liability limits under the Warsaw Agreement and related instruments (`Warsaw`s borders of responsibility`).