14. Liability for human and material damages
14.1 General conditions
In the event of an accident, the liability of FlyValan will be as follows:
- The liability will be limited to proven damages. FlyValan will not be liable for indirect damages or those that are not sufficiently accredited, as well as any other form of non-compensatory damages.
- FlyValan will not be liable if the damage is caused by (i) its own fulfilment of the legislation, or (ii) the breach by the Passenger of legislation and/or these general conditions.
- The General Conditions of Carriage likewise apply to Authorised Agents of FlyValan, employees and representatives, to the same extent as they are applicable to FlyValan. The sum recoverable by FlyValan, and from the Agents, employees, representatives and authorised personnel will not exceed the sum corresponding to the liability of FlyValan, if this exists.
- The right to compensation will expire if an action is not brought within a period of 2 years from the date of arrival at the destination, or from the date on which the aircraft should have arrived, or from the date on which the carriage ended.
14.2 Bodily injuries
FlyValan will be liable for damage sustained in the event of death or wounds or any other bodily injury sustained by the Passenger if the accident which caused the injury took place on board the aircraft or during any of the operations of embarking or disembarking of the Passengers, in the terms and with the scope envisaged in (i) Regulation (EC) 2027/97 and (ii) the Montreal Convention.
Notwithstanding the foregoing, FlyValan will be exonerated from liability if:
- the death, wounds or any other bodily injury is owing to the health, physical or mental condition of the Passenger existing prior to the embarking operations of the Passengers; or
- the damage was caused or favoured by the negligence of the Passenger or by his health condition prior to embarking for the Flight.
There is no financial limit set for liability in the event of injuries or death of the Passenger. For damages of up to 113,100 Special Drawing Rights, which should be duly accredited and proven, the carrier may not challenge any claims for compensation.
Beyond 113,100 Special Drawing Rights, the carrier may solely challenge a claim if it can prove that such damage was not due to the negligence or other wrongful act of the carrier.
The recoverable sum will cover the repair of the damage, as determined in a non-contentious amicable solution, as per the judgment of an expert or a competent court.
FlyValan will compensate the Passenger solely for that part of the recoverable damages that exceeds any other payment received from any public social security or similar institution.
FlyValan reserves the right to appeal against third parties including, without limitation, any subsidy and compensation rights.
FlyValan will proceed to advance the payment of compensation in those cases of death, wounds or bodily injuries as a result of an air accident.
- FlyValan will compensate those person(s) with the right to compensation, when identified by means of an advance payment to cover their immediate needs, proportionally to the damages caused. In the event of death, such advance payment should not be less than 16,000 Special Drawing Rights per Passenger.
- The advance payment will be made within 15 days of the verification of the identification of the person(s) with the right to compensation, will not entail any admission of liability whatsoever and will be deductible from the final quantity to be paid for liability in accordance with this section, but will not be reimbursable, barring those cases envisaged in Article 20 of the Montreal Convention or if there was no right to compensation.