Article 216 of Commercial Code

1 - If an action for compensation is brought against one of the carrier's servants, he may invoke the limitation of liability provided for in Article 214 if it is established that the act causing the damage was committed by him in the performance of his duties. 2 - The aggregate compensation obtainable from the carrier and its servants together must not exceed those limits. - Nevertheless, a servant of the carrier may not invoke the limitation of liability if it is established that the damage arose from an act or omission on his part, either with intent to cause damage or recklessly and with awareness that damage might result therefrom. - 1