Regarding loss or damage to luggage, the
carrier’s limit of liability varies under the PAL
2002, depending on the type of luggage (cabin
luggage, vehicle and luggage carried in or on
such vehicles, and other luggage).14
(d) PAL 2002 introduces the tacit acceptance
procedure for amending the limits of liability, so
that any future increase in limits can enter into
force more easily.15
The entry into force of the PAL 2002 significantly
strengthens the international passenger liability regime,
in particular in respect of personal injury and death.
However, pending more widespread adoption of
PAL 2002, the international legal framework remains
complex. In this context it should be noted that PAL
1974 will remain in force for Contracting States to
that Convention that have not yet acceded to the PAL
PROT 2002;16 some of these States had reserved their
right to exclude the application of the 1974 Convention,
and apply their own limits of liability, when both the
passenger and the carrier were nationals of that
State.17 Moreover, it should be noted that a number of
States have not ratified or acceded to PAL 1974, but
have adopted a similar limitation regime, as a matter of
domestic legislation, albeit with higher liability limits.