(Question on liability limitation)
Q.
Airlines are still using old AWBs where the carrier?fs liability is printed as 17SDR whereas the actual liability limits had already gone up to 19SDR. Is this acceptable? Please also clarify whether the MC99 limits will apply to all other transport (cargo or passenger) other than MC99 transport, e.g. Warsaw, Hague, Guadalajara and MP4? (30 Jun 10)
A.
IATA had made an industry-wide conclusion to use up the old AWBs with the old limits due economical reasons, and there is nothing to worry as these old AWBs are used on the grounds that 17SDR will be read as 19SDR. The Airline Condition of Carriage is already amended to 19SDR therefore there are no legal problems.

MC99 limits is also agreed by IATA under a resolution that it will apply to all other cargo or passenger transport, i.e., Warsaw, Hague, Guadalajara and MP4. This IATA resolution is only an agreement to apply the 19SDR MC99 limits commonly to all other liabilities and to make matters simple.

It has no power to alter the language of the conventions/protocols themselves. If a claimant disagrees he/she can so tell the airline. However, as the MC99 limits are more favorable than the others, the airlines expect that there will be no problem. ?

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