Article 215 of Commercial Code

The air carrier may not invoke the limitation of liability provided for in the preceding Article if it is proved that the damage arose from an act or omission on the part of the carrier or its servants, either Index of the Law 1283 Home Page Commercial Code Decree-Law No. 68 of 1980 Promulgating the Commercial Code with intent to cause damage or recklessly with awareness that damage might result therefrom. If the act or omission was on the part of the servants, it must also be proved that they were then acting in the performance of their duties.