Q&A / Civil Aviation Authority of Macao SAR - What are the liability limits of an airline in the case of passenger death or injury? What is the compensation amount?

Public and Passenger Guide

Civil Liability Regime for the Air Operator and Aircraft Operator Q&A

What are the liability limits of an airline in the case of passenger death or injury? What is the compensation amount?

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, 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, 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.

For damages not exceeding 113,100 Special Drawing Rights (Please click to refer to the USD-equivalent on a particular day, and then exchange to MOP-equivalent) 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.
The carrier shall not be liable for the damages to the extent that they exceed for each passenger 113,100 Special Drawing Rights (Please click to refer to the USD-equivalent on a particular day, and then exchange to MOP-equivalent) if the carrier proves that:

such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or
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. In addition, in 15 days after the identity of the person having the compensation right has been verified, the airline should pay him/her an advancement for emergency expenses. The amount of this advanced payment should not be less than MOP150,000.00 in the case of passenger death.