(iv) Amount of the repairable damage :
- The liability of QC for death, wounding or any other bodily injury caused to a passenger, under paragraph 1 hereabove, is unlimited. The recoverable amount will cover the repair of the damage, as fixed by amicable settlement, way of expertise or the relevant court.
- QC shall compensate the passenger for recoverable compensatory damages only for the portion in excess of any payment received from any public social insurance or similar body
(v) QC reserves all rights of recourse against any third party including, without limitations, rights of contribution and indemnity.
(b) Delay
(i) Features of repairable damage :
- Delay is not a source of prejudice as such : direct damage only shall be repairable, exclusively of any consequential damage,
- The passenger shall prove the damage caused by the delay.
(ii) Extent of QC's liability :
- QC shall not be liable for damage occasioned by a delay if he proves that he or his agents have taken all necessary measures to avoid the damage or that it was impossible for them to take such measures.
- QC shall not be liable for damage occasioned by a delay caused by the passenger or which he/she has contributed to.
(iii) Extent of the repair :
- The amount of the repair is determined by the damage as proven by the passenger and within the limitations contained in the Convention.
- In case of delay in the delivery of any checked baggage, QC may compensate the passenger for essential expenses occasioned by this delay, by way of a lump sum.