(1)

For damages arising under sub-rule (1)

of rule 17 not exceeding one lakh Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability.

(2)

The carrier shall not be liable for damages arising under sub-rule (1) of rule 17

to the extent that they exceed for each passenger one lakh Special Drawing Rights if the carrier proves that-

(a) such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or

(b) such damage was solely due to the negligence or other wrongful act or omission of a third party.