(1) The carrier is liable for the damage suffered as a result of the death of or personal injury to a passenger if the incident that caused the damage so suffered occurred in the course of the carriage and was due to the fault or neglect of the carrier. If the incident causing the damage was a shipping incident, then the carrier’s fault or neglect will be presumed.
(2) In derogation from subsection (1), the carrier is liable, even if the incident occurred without the fault or neglect of the carrier, for the damage suffered as a result of the death of or personal injury to a passenger if the incident that caused the damage so suffered occurred in the course of the carriage and insofar as the damage is not in excess of 250,000 units of account. However, the carrier will be released from such liability if:
1. the incident occurred due to acts of public enemies, an act of war, a civil war, civil unrest, or an exceptional and unavoidable natural disaster that was impossible to avert; or
2. the incident’s sole cause was an act or omission by a third party, done with the intention of causing the incident.
(3) The term “carriage” as used in subsections (1) and (2) covers the following:
1. the period in which the passenger is on board the ship, including the period in which they are embarking or disembarking; and
2. the period in which the passenger is transported by water from land to the ship or vice versa, insofar as the costs of this transport are included in the fare, or insofar as the vessel used for this auxiliary transport has been put at the disposal of the passenger by the carrier.
The term does not cover the period which the passenger spends in a marine terminal or station, on a quay or in any other port installation.