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Commentary

53 Exoneration from liability

CARRIERS vol 6(1)B
| Commentary

53 Exoneration from liability

| Commentary

53 Exoneration from liability

In the case of liability imposed by the Montreal Convention for death or injury claims only, the carrier is not permitted by the Convention to exclude or limit its liability in respect damages not exceeding 113,100 SDRs1. The carrier can wholly or partly exonerate itself from liability under the Montreal Convention if it proves that the damage was caused or contributed to by the negligence or other wrongful act or omission of:

  1. 53.1

        the person claiming compensation, or

  2. 53.2

        the person from whom he derives his or her rights; or

  3. 53.3

        by the passenger where, in

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