The liability of the carrier in respect of the death of, or injury to, a passenger is limited to the sum of $300,000.
In no cases shall the carrier's liability exceed the actual loss suffered by the passenger. All claims are subject to proof of amount of loss.
The carrier is not liable:
In the case of any passenger whose age or mental or physical condition, including pregnancy, is such as to involve an unusual risk or hazard, for any damages sustained by that passenger that would not have been sustained but for his/her age or mental or physical condition; or
In the case of a pregnant passenger, for any damages in respect of the unborn child of that passenger.
The carrier will be exempted from liability due to any failure to perform any of its obligations arising from:
Labour disputes or strikes, whether of the carrier's employees or of others upon whom the carrier relies for the fulfillment of the flight agreement, and;
"Force Majeure", or any other causes not attributable to the willful misconduct of the carrier including accidents to, or failure of aircraft or any part thereof, of any machinery or apparatus used in connection therewith. Refusal of a Government or public body, on whatever grounds, to grant the carrier any clearance, license, right or other permission necessary for the performance of the carrier's operation is deemed to be included in the term "Force Majeure". Provided, always, that in the event of such failure, the carrier will use its best efforts to fulfill its obligations including the provision of alternate means of transport.
