Exoneration of the Air Carrier from Liability

After it has been decided that the Convention is applicable and the legal case may be adjudged pursuant to the Convention, the meritorious adjudication of the legal case follows. In its course, the court examines to what extent the air carrier is liable for the damage, whether there are any circumstances on the basis of which it can be exonerated. It is important to highlight that the air carrier, as a matter of course, does not have to indemnify the damage deriving from the intervention or own fault of the claimant, that is, the damage caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation or of the person from whom the claimant derives their right to claim compensation. This rule applies to all provisions related to liability, that is, to cases of the death or bodily injury of the passenger, of damage to the baggage or cargo, as well as of delays. Thus, the air carrier shall be exonerated from its liability to the claimant to such an extent to which such negligence or wrongful act or omission caused or contributed to the damage. When by reason of the death or injury of the passenger, the compensation is claimed by a person other than the passenger, the carrier shall likewise be wholly or partly exonerated from its liability to the extent to which it proves that the negligence or other wrongful act or omission of the passenger caused or contributed to the damage (Article 20).