Common use of Exoneration of Liability Clause in Contracts

Exoneration of Liability. If THE CARRIER proves that the negligence or any other wrongful act or omission by the person requesting indemnity or by the person that subrogates his/her rights caused or contributed to the damage, THE CARRIER shall be exonerated in whole or in part from its liability with respect to the claimant, provided that this negligence or any other wrongful act or omission caused or contributed to the damage. When a person who is not the Passenger claims an indemnity for the death or injury of the latter, THE CARRIER shall be equally exonerated from its liability in whole or in part, provided that it proves that the Passenger’s negligence or any other wrongful act or omission caused or contributed to the damage. This Section shall apply to all liability provisions.