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Old 17th Jul 2022, 10:46
  #38 (permalink)  
Lead Balloon
 
Join Date: Nov 2001
Location: Australia/India
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[C]harter ops are covered by carriers liability act, which prevents a charter company from being sued in excess of x amount per passenger.
Yeah nah.


An air carrier may be sued in any amount by a passenger. It’s just that if the passenger claims damages beyond the statutory limit, the air carrier will not be liable if it proves:

(a) the damage is not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or

(b) the damage was solely due to the negligence or other wrongful act or omission of a third party.

To put that another way, if the charter company’s negligence caused the passenger’s death or injuries, there is no cap on the company’s consequential liability.

You can google it. Try “Article 21 of the Montreal Convention”.
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