Legal Liability / Civil Aviation Authority of Macao SAR

Aviation Industry

Flight Application

Legal Liability

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 Regime for the Air Operator and Aircraft Operator” Administrative Regulations No.11/2004 and No.19/2011
Civil liability	Reference clause in Administrative Regulation No. 11/2004 as amended by the Administrative Regulation No. 19/2011	Limits
Civil liability		SDRs as stipulated in the Montreal Convention (Note 2)	MOP approximate (Note 3)
Passenger death or injury (Note 1)	Provision 2, Article 5,	113,100	1,234,946.77 (Note 2)
Delay in carriage of passengers	Article 6	4,694	51,254.11 (Note 2)
Destruction, loss, damage or delays of baggage	Article 7	1,131	12,349.47 (Note 2)
Destruction, loss, damage or delays of cargo	Article 8	19/kg	207.46 (Note 2)

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:

Administrative Regulations No. 11/2004

Administrative Regulations 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 MOP-equivalent 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-equivalent which is posted daily on the website, and then exchange to the Macau pataca.