Pursuant to the Athens Convention as amended by the 2002 Protocol1, where loss2 is suffered as a result of the death of or personal injury to a passenger3 caused by a shipping incident4, the carrier5 is liable to the extent that such loss in respect of that passenger on each distinct occasion does not exceed 250,000 units of account6, unless the carrier proves that the incident:
(1) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character7; or
(2) was wholly caused by an act or omission done
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