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ARTICLE · 06 JANUARY 2003

EU Air Carrier Liability Regulation Updated

United KingdomTransport
Simon Phippard
Simon Phippard

In the last issue of BLG Aviation News we commented on some of the main changes to Regulation 2027/97 on air carrier liability in the event of accidents. Here we address the revised notification requirements and issues surrounding the point at which the revised Regulation will be applicable.

NOTIFICATION REQUIREMENTS

  • A new, lengthy list of notice requirements is now included. All carriers selling air carriage within the Community (i.e European and non-European carriers) must summarise the main liability provisions at all points of sale. How this is to be achieved for telephone sales (which are specifically referred to) is not spelt out.
  • A detailed written form is prescribed which Community air carriers must use as the notice. While there are a number of misleading or confusing statements in the standard form both the notice and the amended Regulation seem to make it clear that the Montreal Convention and the Regulation override the terms of the notice. Nevertheless it is
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