1.1. Liability. Except (A) as may be required by Regulation (EC) N° 2027/1997, as amended by Regulation (EC) N° 889/2002, or any other regulation or treaty, in each case to the extent actualyactually applicable to Jetlux, or (B) to the extent covered by Jetlux non-owned aircraft liability insurance: (i) Jetlux shall not have nor assume any responsibility or liability to any Charterer for activities performed by any Aircraft Operator; (ii) the Aircraft Operator shall be solely responsible for all claims arising out of any and all occurrences, accidents or incidents that occur on or in connection with the aircraft operated by the Aircraft Operator, including without limitation all personal injuries, property damage or wrongful death; (iii) Jetlux is not responsible for any negligent act or omission by an Aircraft Operator or its personnel and is not responsible for any personal injury, property damage, accident, delay, inconvenience, or change in itinerary that may occur; and (iv) Jetlux shall not be liable under any contract, negligence, strict liability or other legal or equitable theory for any consequential, indirect, incidental, special, punitive, exemplary or reliance damages, any amounts in excess of the price paid for a particular flight, or any matter beyond its reasonable control.
The Charterer is responsible for any harm to an Aircraft caused by the Charterer, its assignees, agents, employees and invitees, and the Charterer shall indemnify and hold free and harmless Jetlux, its affiliates, officers, employees and agents against any costs, claims, damages or liability of any sort that may fall upon Jetlux by reason of any act or omission of the Charterer, its assignees, agents, employees and invitees.
Jetlux will not be liable or responsible for any failure or delay in performing any of its obligations hereunder occasioned by any of the following causes: weather (including adverse weather conditions preventing any services, inspections or flights of the Aircraft), work stoppages, strikes, acts of war or terrorism, acts of God or the public enemy, civil war, insurrection or riots, fires, floods, explosions, earthquakes, serious accidents, epidemics, quarantine restrictions, acts of government (including government shut-downs), governmental priorities, labour disputes causing cessation, slowdown or interruption of work, supplies, parts or materials, or any other cause not within the direct control of Jetlux. NEITHER PARTY HERETO SHALL IN ANY CASE BE RESPONSIBLE TO THE OTHER FOR INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES AS A RESULT OF ANY ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT. IN ADDITION, THE CHARTERER AGREES THAT IN ALL CASES TO WHICH SUCH INSURANCE APPLIES THE PROTECTION THEREUNDER AND PROCEEDS THEREOF TO WHICH THE CHARTERER IS ENTITLED SHALL BE THE CHARTERER’S SOLE RECOURSE AGAINST JETLUX AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR LOSS OF PROFITS AND/OR ANY OTHER DAMAGES CLAIMED BY THE CHARTERER OR ANY GUEST OF THE CHARTERER, EXCEPT TO THE EXTENT CAUSED BY OR DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF JETLUX, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES.
These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. 1.2. The indemnities contained in these Standard Charter Terms shall survive the termination of any Agreement.