Nevertheless, the person suffers damage shall have no right to compensation if the damage is not a direct consequence of the incident giving rise thereto, or if the damage results from the mere fact of passage of the civil aircraft through the airspace in conformity with air traffic regulations concerned of the State.
The term in flight mentioned in the preceding paragraph means the period beginning from the moment when power is applied by a civil aircraft for the purpose of actual takeoff until the moment when the landing run ends.
In the case of a civil aircraft lighter than air, the expression in flight relates to the period from the moment when it becomes detached from the surface until it becomes again attached thereto.
Article 158 The liability for compensation contemplated by Article 157 of this Law shall attach to the operator of the civil aircraft.
The term operator mentioned in the preceding paragraph means the person who was making use of the civil aircraft at the time the damage was caused. However, if the control of the navigation of the civil aircraft was retained by the person from whom the right to make use of the civil aircraft was derived, whether directly or indirectly, that person shall still be considered the operator.