(1) The liability of the carrier for the death of or physical injury to a passenger will in no case exceed 400,000 units of account per passenger per loss event. Where damages are awarded in the form of periodical income payments, the equivalent capital value of those payments will not exceed the said limit.
(2) In derogation from subsection (1), the liability of the carrier will be limited to the amount of 250,000 units of account per passenger per loss event, if the death or physical injury was due to any of the circumstances set out below:
1. war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or hostile acts by or against a belligerent power;
2. seizure, attachment, arrest, restraint of disposition, or detainment, as well as the consequences thereof, or any attempt thereat;
3. derelict mines, torpedoes, bombs or other derelict weapons of war;
4. attacks carried out by terrorists or by persons acting on malice or for political motives, as well as any action taken to prevent or counter such attacks;
5. forfeiture and expropriation.
(3) If more than one passenger loses their life or suffers physical injury in a situation covered by subsection (2), then the liability amount of 250,000 units of account per passenger per loss event set out in subsection (2) will be replaced by a liability amount of 340 million units of account per ship per loss event, where the latter amount is lower and can be distributed pro-rata amongst the injured parties, in proportion to their relative claims, as a single, non-recurring payment or as several partial payments.