paragraph  

of airA!ps

 

 
  
 
           
 
 
 
 

 

article 16) carrier’s liability in case of death or injuries of passengers
1. According to applicable regulations, the Carrier is liable for damage sustained in case of death,
wounding or bodily injury of a passenger upon condition only that the accident which caused the
death or injury took place on board the aircraft or in the course of any of the operations of
embarking or disembarking.
2. Carrier’s liability for damage sustained in case of death or bodily injury of a passenger due to an
accident taking place on board the aircraft or in the course of any of the operations of embarking or
disembarking is not subject to any financial limit.
3. For damages not exceeding 100,000 SDR (approx. € 115,000) sustained in case of death or bodily
injury of a passenger, the carrier shall not be able to exclude or limit its liability.
4. The Carrier will not be liable for damage sustained in case of death or bodily injury of a passenger to
the extent that they exceed 100,000 SDR (approx. € 115,000) if it proves that:
o such damage was not caused by the negligence, wrongful act, or omission of the Carrier or of its
employees or agents; or that
o such damage was caused exclusively by the negligence, wrongful act, or omission of a third party.
5. If the passenger’s age or physical and/or mental state are such that air carriage implies any risk or
danger for such passenger, the Carrier will not be liable for the worsening of such state, or for the
arising of any illness, injury, disability, or death, that can be attributable to such state.
6. Carrier’s insurance coverage for liability to passengers is adequate and conforms to applicable laws.
7. The Carrier must, without delay, and in all cases within 15 (fifteen) days after identification of the
individual entitled to damages, make advance payments required to satisfy immediate economic needs
in proportion to the damage suffered.
8. In case of death, advance payments will not be less than 16,000 SDR (approx. € 18,400) per
passenger.
An advance payment does not constitute acknowledgement of liability, and may be offset against any
additional amount due based on Carrier’s liability.
The Carrier has the right to demand total or partial restitution of such advance payment if such payment
is deemed to have been unwarranted because it is subsequently proved that the damage was caused in
whole or in part by the negligence of the injured or deceased passenger, as well as if it is subsequently
demonstrated that the beneficiary of the advance payment had provoked or contributed to the damage
with his/her negligence or if he/she is not the person entitled to compensation.

 

 
 
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