“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|
|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||
|Delay in carriage of passengers||Article 6||4,694||
|Destruction, loss, damage or delays of baggage||Article 7||1,131||
|Destruction, loss, damage or delays of cargo||Article 8||19/kg||
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
|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|
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.