(1) If a claim is asserted against one of the carrier’s or actual carrier’s servants for the death of or personal injury to a passenger, or for the loss of, physical damage to or delayed re-delivery of passenger luggage, then such servants as well will be entitled to avail themselves of the defences and limitations of liability applicable to the carrier or actual carrier, provided the servant was acting within the scope of their employment. The same applies if such a claim is asserted against a member of the ship’s company.
(2) Recourse to the limitations of liability pursuant to subsection (1) is ruled out if the liable party has acted intentionally or recklessly and with knowledge that such damage would probably result.
(3) If the carrier or actual carrier shares joint responsibility for causing the damage with one of the persons mentioned in subsection (1), then said parties are liable jointly and severally.