(1) That the damage occurred after the insurance or guarantee ceased to be effective. However, if the insurance or guarantee expires during a flight, it should be continued in force until the next landing specified in the flight plan, but no longer than twenty-four hours; and
(2) That the damage occurred outside the territorial limits provided by the insurance or guarantee, unless flight outside of such limits was caused by force majeure, assistance justified by the circumstances or an error in piloting, operation or navigation.
The continuation in force of the insurance and guarantee under the provisions of the preceding paragraph shall apply only for the benefit of the person suffering damage.
Article 168 Without prejudice to any right of direct action which the person suffering damage may have under the law governing the contract of insurance or guarantee, such person may bring a direct action against the insurer or guarantor only in the following cases:
(1) Where the insurance or guarantee is continued in force under the provisions of sub-paragraphs(1) and(2) of Article 167 of this Law; and(2) The bankruptcy of the operator.
Excepting the defences specified in paragraph 1 of Article 167 of this Law, the insurer or guarantor may not, with respect to direct actions brought by the person suffering damage in accordance with the provisions of this Chapter, avail himself of any ground of nullity of the insurance or guarantee or any right of retroactive cancellation in setting up defences.