LOSS OR DAMAGE TO AIRCRAFT
The Insurers shall not be liable for
(a) wear and tear, deterioration, breakdown, defect or failure howsoever caused in any Unit of the Aircraft and the consequences thereof within such Unit
(b) damage to any Unit by anything which has a progressive or cumulative effect but damage attributable to a single recorded incident is covered under paragraph 1 (a) of the coverage Section 1 above.
HOWEVER accidental loss of or damage to the Aircraft consequent upon (a) or (b) above is covered under paragraph 1 (a) of the coverage Section 1 above.
LEGAL LIABILITY TO THIRD PARTIES (OTHER THAN PASSENGERS)
The Insurers shall not be liable for
(a) Employee and Others- injury (fatal or otherwise) or loss sustained by any director or employee of the Insured or partner in the Insured's business whilst acting in the course of his employment with or duties for the Insured;
(b) Operational Crew- injury (fatal or otherwise) or loss sustained by any member of the flight, cabin or other crew whilst engaged in the operation of the Aircraft;
(c) Passengers- injury (fatal or otherwise) or loss sustained by any passenger whilst entering, on board, or alighting from the Aircraft;
(d) Property- loss of or damage to any property belonging to or in the care, custody or control of the Insured;
(e) Noise and Pollution and Other Perils- claims excluded by the attached Noise and Pollution and Other Perils Exclusion Clause.
LEGAL LIABILITY TO PASSENGERS
The Insurers shall not be liable for injury (fatal or otherwise) or loss sustained by any
a- director or employee of the Insured or partner in the Insured's business whilst acting in the course of his employment with or duties for the Insured; (Employees and Others)
b- member of the flight, cabin or other crew whilst engaged in the operation of the Aircraft. (Operational Crew)
GENERAL EXCLUSIONS (APPLICABLE TO ALL SECTIONS)
This Policy does not apply:
- Illegal Uses: Whilst the Aircraft is being used for any illegal purpose or for any purpose other than those stated in the Schedule and as defined in the Definitions.
- Geographical Limits: Whilst the Aircraft is outside the geographical limits stated in the Schedule unless due to force majeure.
- Pilots: Whilst the Aircraft is being piloted by any person other than as stated in the Certificate/Policy Schedule except that the Aircraft may be operated on the ground by any person competent for that purpose.
- Transportation by other Conveyance: Whilst the Aircraft is being transported by any means of conveyance except as the result of an Accident giving rise to a claim under Section I of this Policy.
- Landing and Take-off Areas: Whilst the Aircraft is landing on or taking off or attempting to do so from a place which does not comply with the recommendations laid down by the manufacturer of the Aircraft except as a result of force majeure.
- Contractual Liability: To liability assumed or rights waived by the Insured under any agreement (other than a passenger ticket/baggage check issued under Section III hereof) except to the extent that such liability would have attached to the Insured in the absence of such agreement.
- Number of Passengers: Whilst the total number of passengers being carried in the Aircraft exceeds the declared maximum number of passengers stated in the Schedule.
- Non-Contribution: To claims which are payable under any other policy or policies except in respect of any excess beyond the amount which would have been payable under such other policy or policies had this Policy not been affected.
- Nuclear Risks: To claims excluded by the attached Nuclear Risks Exclusion Clause.
- War, Hi-jacking and Other Perils:
To claims caused by
(a) War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military, or usurped power or attempts at usurpation of power.
(b) Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
(c) Strikes, riots, civil commotions or labour disturbances.
(d) Any act of one or more persons, whether or not agents of a sovereign Power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional.
(e) Any malicious act or act of sabotage.
(f) Confiscation, nationalisation, seizure, restraint, detention, appropriation, requisition for title or use by or under the order of any Government (whether civil military or de facto) or public or local authority
(g) Hi-jacking or any unlawful seizure or wrongful exercise of control of the Aircraft or crew in Flight.
Furthermore, this Policy does not cover claims arising whilst the Aircraft is outside the control of the Insured by reason of any of the above perils.