The Damage, as defined by paragraph 2.1 (a) was caused, in whole or in part, by negligence, a
wrongful act or omission on the part of the person claiming compensation, or the person whose
rights they hold, in accordance with Article 20 of the Montreal Convention of 28 May 1999.
The Damage is not due to negligence, or another wrongful act or omission on the part of the Carrier,
its officials or agents, insofar as the amount of Damage exceeds 128,821 SDR per Passenger,
pursuant to Article 21 § 2 (a) of the Montreal Convention of 28 May 1999.
The Damage results solely from negligence, or another wrongful act or omission on the part of a third
party, insofar as the amount of Damage exceeds 128,821 SDR per Passenger, pursuant to Article 21 §
2 (b).
(c) Amount of compensable Damage:
The extent of the Carrier’s liability in the event of the death or bodily injury of a Passenger, pursuant
to paragraph 2.1 (a) above, is not subject to any limitation. The amount of compensable Damage
shall cover redress of the Damage, as determined by amicable agreement, expert appraisal or the
competent courts.
Within the scope of these provisions, the Carrier shall only compensate Passengers in excess of the
amounts received thereby under the social security system to which they are affiliated and solely for
compensatory Damage.
(d) The Carrier reserves all rights of recourse and subrogation against all third parties.
(e) In the event of death or bodily injury resulting from an air accident, pursuant to Article 17 of the
Montreal Convention of 28 May 1999 and paragraph 2.1 (a) of this article and pursuant to Article 5 of
Regulation (EC) No 889 of the European Parliament and of the Council of 13 May 2002 amending
Council Regulation (EC) No 2027 of 19 October 1997, the person identified as the Beneficiary may
benefit from an advance to enable them to meet their immediate needs, in proportion to the
material damage sustained. Said advance shall not be less than the equivalent in euros of 16,000 SDR
per Passenger in the event of death. Subject to the law in force, said advance shall be paid within 15
days of the identification of the Beneficiary and shall be deductible from the definitive amount of
compensation owed to the deceased Passenger.
Pursuant to Article 5 of Regulation (EC) No 889 of 13 May 2002 and Article 28 of the Montreal
Convention of 28 May 1999, the payment of said advances or early payments does not constitute
recognition of liability and said amounts may be deducted from amounts paid subsequently by the
Community Air Carrier as compensation, depending on the liability thereof.
Said advance is not refundable except where proof is provided that negligence or another wrongful
act or omission on the part of the person claiming compensation, or of the person whose rights they
hold, caused the Damage or contributed thereto, or where the person to whom the advance was
paid was not entitled to compensation.