The limits of compensation established in the “Civil Liability Regime for the Air Operator and Aircraft Operator” are summarized in the following table:

 

Civil Liability

Limits to each passenger
SDRs as stipulated in the Montreal Convention
(Note 2)
USD approximate
(Note 3)
MOP approximate
(Note 4)

Passenger death or injury
(Note 1)

113,100

179,865.00

1,438,920.00

Delay in carriage of passengers

4,694

7,465.00

59,720.00

Destruction, loss, damage or delays of baggage

1,131

1,799.00

14,392.00

Destruction, loss, damage or delays of cargo

19/kg

30.00

240.00

 

Third party liability:

 

 

Group Classification Aircraft Maximum Take-off Weight as Stipulated in the Manufacturer's Airplane Flight Manual Combined Single Limit for Third Party Liability for any one is not less than (Per accident/incident/occurrence)

 

 

MOP

USD approximate

1

2,000 kg or less

15,000,000.00

1,875,000.00

2

2,001 kg - 6,000 kg

45,000,000.00

5,625,000.00

3

6,001 kg - 25,000 kg

120,000,000.00

15,000,000.00

4

25,001 kg - 100,000 kg

500,000,000.00

62,500,000.00

5

> 100,000 kg

900,000,000.00

112,500,000.00

 

To view the full terms of the regulations, please click the following links for details:

Regulamento Administrativo No 11/2004
Regulamento Administrativo No 19/2011

 

Note 1:
According to Article 4 of the Administrative Regulation No.11/2004, if an accident happens on board the aircraft or during boarding and disembarking that leads to passenger death or injury, and can prove that the damage was caused or contributed to by the airline; the airline should compensate the passenger.
 

The responsibility of the air operator for the compensation of the damages mentioned above is unlimited, and the guilt of the airline shall always be presumed.

1.
For damages not exceeding 113,100 Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability, unless the airline can prove that the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he or she derives his or her rights.
2. The carrier shall not be liable for the damages to the extent that they exceed for each passenger 113,100 Special Drawing Rights if the carrier proves that:
   
  a. such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or
  b. such damage was solely due to the negligence or other wrongful act or omission of a third party.

In what regards the actual amount of compensation, the airline will define the amount after analyzing the impact of the situation on the passenger and taking into account the above mentioned uppermost limits of the compensation.

   
Note 2:
SDR or Special Drawing Right is an international reserve asset, created by the International Monetary Fund (IMF) in 1969 to supplement its member countries’ official reserves. SDRs can be exchanged for freely usable currencies and used by member countries to settle international payment difference, or repay the IMF loans. For more details about SDR, please visit the IMF website at http://www.imf.org/external/np/exr/facts/sdr.htm.
   
Note 3:
For getting the USD-approximate on a particular day, you may go to the IMF website at http://www.imf.org/external/np/fin/data/rms_five.aspx to get the USD-approximate which is posted daily on the website.

   
Note 4: For getting the MOP-approximate, you may exchange the USD-approximate posted daily on the IMF website to the Macau pataca.

 

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