GA, draft - International airflight ex-gratia payments

[Simone]

Category: Regulation/Transportation

[box]The World Assembly (WA),

Noting its efforts to regulate international air travel through GARs #34, #342, #464;

Concerned that no payment is available on a expedited in the event of death or bodily injury of the passengers, or loss of baggage and/or cargo during a flight, to provide reasonably expedient relief to passengers for their loss;

1. Hereby defines as follows:
   • "Aircraft" means any device defined as such by the ITSC;
     
   • "Carrier" means any operator of aircraft on "international trips" carrying passenger(s), baggage, and cargo, regardless of whether the carrier has a legal ownership relationship with a WA state;
     
   • "Incident" means any incident that causes death or bodily injury to a passenger, or loss and/or damage to cargo;
     
   • "International trips" to include any aircraft departing from, traveling through, or arriving at, a WA state, and that, either:
     • the departure and arrival points are in different states (as long as either one is in a WA state), or
       
     • the departure and arrival points are in the same state (regardless of whether that state is a WA state) but the aircraft travels through a different WA state;
   • "ITSC" means the WA International Transport Safety Committee;
     
   • "Passenger" means an individual travelling on a carrier, regardless of whether the said individual is a citizen of a WA state, and "baggage" means any baggage checked in or carried on by the said passenger;
     
   • "Shipper" means the entity (natural or legal) that has paid for the right to ship goods ("cargo") on the carrier, and for which the carrier has accepted the shipment, excluding baggage;
2. Hereby requires the following regarding passengers:
   • A carrier is required to make an ex-gratia payment, as soon as reasonably practicable, subject to verification, for the death or injury of a passenger and/or cargo if the incident took place on the aircraft or during embarking or disembarking, and/or loading/unloading of cargo;
     
   • A carrier is required to make an ex-gratia payment for the death of a passenger, to a minimum amount that is no less than the median age-adjusted actuarial value (AAAV) of the passenger of any of the following, whichever is higher:
     
     • the AAAV of the WA state for which the passenger is a citizen (if the passenger is a citizen of a WA state); or
       
     • the AAAV of the WA state at which the incident occurs; or
       
     • any AAAV determined by ITSC;
   • A carrier is required to make an ex-gratia payment for the bodily injury of a passenger, to a minimum amount that is no less than either of the following, whichever is higher:
     
     • the actual incurred cost of medical treatment for the said bodily injury;
       
     • any ex-gratia payment determined by the ITSC;
3. Hereby requires the following regarding baggage and cargo:
   
   • A carrier is required to make an ex-gratia payment for the loss or damage on baggage and/or cargo in accordance with standards to be set by ITSC;
     
   • A carrier is required to remind all shippers in writing that the carriage of cargo of significant value may not be fully covered by any ex-gratia payment by the carrier;
4. Hereby further requires:
   • A carrier must issue an air ticket (for passengers), a baggage tag (for any baggage carried or checked in by a passenger), and an airway bill (for any freight cargo) for verification purposes;
     
   • A carrier must carry adequate insurance for the purposes of ex-gratia payments that may be required under clauses 1 and 2 of this resolution;
     
   • A carrier is not required to pay any ex-gratia payment to a passenger and/or a shipper if it has been conclusively proven beyond reasonable doubt in a due process of law that the death and/or bodily injury of the passenger, and/or damage to the baggage and/or cargo, is caused by the gross negligence and/or deliberate malfeasance of the passenger and/or the shipper;
     
   • The ITSC to periodically review the ex-gratia payment that may be payable pursuant to clauses 1 and 2 to account for changes in economic conditions across all WA states;
5. Hereby clarifies:
   • The payment by a carrier pursuant to clauses 1 and 2 is a payment ex-gratia, is not a form of compensation and merely as a gesture of goodwill, and does not prejudice, or preclude, any litigation and/or any other due judicial process by any party against any other party;
     
   • This resolution does not apply to the following:
     • any postal traffic (even if carried on an aircraft also carrying passengers and/or cargo);
     • any traffic for humanitarian aid; and/or
     • any non-civilian air traffic;
   • This resolution does not prohibit a WA state from refusing entry to any aircraft for any reason;
     
   • In case of conflicting rulings between WA states, the Independent Adjudicative Office shall adjudicate on a de novo basis.

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