Article 5 provides that, any person who would otherwise be liable under the provisions of the Convention is not deemed liable if the damage is the direct
173
Article 3.
174
Article 4.
consequence of armed con.ict or civil disturbance, or if such person is deprived of the use of the aircraft by act of public authority.
Article 6 of the Convention lays down principles of fault liability as applicable to the person claiming compensation. It provides that, any person who would other-wise be liable under the provisions of the Convention shall not be liable for damage if he proves that the damage was caused solely through the negligence of other wrongful act or omission of the person who suffers the damage or of the latter’s servants or agents. If the person liable proves that the damage was contributed to by the negligence or other wrongful act or omission of the person who suffers the damage, or of his servants or agents, the compensation is reduced to the extent to which such negligence or wrongful act or omission contributed to the damage. Nevertheless, there shall be no such exoneration or reduction if, in the case of the negligence or other wrongful act or omission of a servant or agent, the person who suffers the damage proves that his servant or agent was acting outside the scope of his authority.
When an action is brought by one person to recover damages arising from the death or injury of another person, the negligence or other wrongful act or omission of such other person, or of his servants or agents, shall also have the effect provided in the preceding paragraph.
In terms of liability limits, the Rome Convention stipulates that, subject to Article 12175
the liability for damage giving a right to compensation under Article 1, for each aircraft and incident in respect of all persons liable under this Convention, shall not exceed:
(a)
500,000 francs for aircraft weighing 1,000 kg or less
(b)
500,000 francs plus 400 francs per kilogramme over 1,000 kg for aircraft weigh-ing more than 1,000 but not exceeding 6,000 kg
(c)
2,500,000 francs plus 250 francs per kilogramme over 6,000 kg for aircraft weighing more than 6,000 but not exceeding 20,000 kg
(d)
6,000,000 francs plus 150 francs per kilogramme over 20,000 kg for aircraft weighing more than 20,000 but not exceeding 50,000 kg
(e)
10,500,000 francs plus 100 francs per kilogramme over 50,000 kg for air-craft weighing more than 50,000 kg
The liability in respect of loss of life or personal injury shall not exceed 500,000 francs per person killed or injured. “Weight” means the maximum weight of the aircraft authorized by the certi.cate or airworthiness for take-off, excluding the effect of lifting gas when used. The sums mentioned in francs in this Article refer to a currency unit consisting of 65.5 mg of gold of millesimal .neness 900.
175Article 12 states that if the person who suffers damage proves that it was caused by a deliberate act or omission of the operator, his servants or agents, done with intent to cause damage, the liability of the operator shall be unlimited, provided that, in the case of such act or omission of such servant or agent, it is also proved that he was acting in the course of his employment and within the scope of his authority. If a person wrongfully takes and makes use of an aircraft without the consent of the person entitled to use it, his liability shall be unlimited.
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