MEL_Traveller
Veteran Member
- Joined
- Apr 27, 2005
- Posts
- 28,992
MH is only strictly liable for compensation up to the stated threshold, which is payable irrespective of negligence.
Per IATA it's a two tier strict liability. Part 1 is the threshold. Part 2 unless they can prove no negligence.
Full discussion paper from IATA: http://www.iata.org/policy/Documents/Position Paper mc99.pdfii. For Passengers
Under MC99 claims are subject to a much more generous compensation in the case
of death or injury. MC99 abolished the arbitrary limits that existed under the Warsaw
Convention system and established a two-tier strict liability regime. Claims in excess
of the MC99 liability limits may succeed unless the carrier can show that it was not
guilty of negligence in causing death or injury. Thus, the possibility of uncompensated
losses in a major aircraft accident case is significantly reduced.
MC99 also includes a number of other consumer friendly provisions such as advance
compensation payments and a wider choice of jurisdictions in which to bring claims.
Liability limits are reviewed by ICAO every five (5) years, ensuring MC99 remains
modern and relevant.