中华人民共和国民用航空法（二）

　　Chapter IX Public Air Transport

　　Section 1 Basic Principles

　　Article 106 This Chapter shall apply to the transport of persons， baggage， or cargo performed by the civil aircraft of public air transport enterprise， including the gratuitous transport performed by the civil aircraft of public air transport enterprise.

　　This Chapter shall not apply to the transport of mail performed by civil aircraft.

　　The provisions of this Chapter shall apply to the part of transport by air in the case of multi-modal transport.

　　Article 107 “Domestic air transport” referred to in this Chapter means any transport in which， according to the contract of transport by air between the parties， the place of departure， the place of destination and the agreed stopping place are all situated within the territory of the People's Republic of China.

　　“International air transport” referred to in this Chapter means any transport in which， according to the contract of transport by air between the parties， the place of departure， the place of destination or the agreed stopping place， whether or not there be a break in the transport or a transshipment， is not situated within the territory of the People's Republic of China.

　　Article 108 Transport to be performed by several successive air carriers is deemed to be one undivided transport， if it has been regarded by the parties to the contract of transport by air as a single operation， whether it had been agreed upon under the form of a single contract or of a series of contracts.

　　Section 2 Transport Documents

　　Article 109 For the transport of passengers the carrier shall deliver a passenger ticket. A passenger to travel in civil aircraft shall produce a valid passenger ticket for check.

　　Article 110 The contents of a passenger ticket shall be prescribed by the competent civil aviation authority under the State Council. A passenger ticket shall at least contain the following particulars：

　　（1） The place of departure and of destination；

　　（2） If the places of departure and destination are within the territory of the People's Republic of China， one or more agreed stopping places being outside the said territory， an indication of at least one such stopping place； and

　　（3） If the ultimate destination， the place of departure or the agreed stopping place of the passenger's journey is not situated within the territory of the People's Republic of China， a notice indicating the international air transport convention applicable to such transport， in case such convention requires the inclusion of the notice in the passenger ticket.

　　Article 111 The passenger ticket shall constitute prima facie evidence of the conclusion and conditions of the contract of transport of passenger by air.

　　The failure of the passenger to produce the passenger ticket， or the irregularity or loss of the passenger ticket does not affect the existence or validity of the contract of transport.

　　In domestic air transport， if， with the consent of the carrier， the passenger embarks on a civil aircraft without a passenger ticket having been delivered， the carrier shall not be entitled to avail himself of the provisions of Article 128 of this Law concerning the limit of liability.

　　In international air transport， if， with the consent of the carrier， the passenger embarks on a civil aircraft without a passenger ticket having been delivered， or if the ticket does not include the notice required by sub-paragraph （3） of Article 110 of this Law， the carrier shall not be entitled to avail himself of the provisions of Article 129 of this Law concerning the limit of liability.

　　Article 112 In respect of the transport of checked baggage by a carrier， a baggage check may be combined with or incorporated in a passenger ticket. In addition to the provisions of Article 110 of this Law， a baggage

check shall also include the following particulars：

　　（1） The number of packages and weight of the baggage； and

　　（2） If a declaration of interest in delivery at destination of the checked baggage is required， indicate the sum of declared interest.

　　The baggage check shall constitute prima facie evidence of the checking of the baggage and of the conditions of the contract of transport.

　　The failure of the passenger to produce the baggage check， or the irregularity or loss of the baggage check does not affect the existence or validity of the contract of transport.

　　In domestic air transport， if the carrier carries the checked baggage without a baggage check having been delivered， he shall not be entitled to avail himself of the provisions of Article 128 of this Law concerning the limit of liability.

　　In international air transport， if the carrier carries the checked baggage without a baggage check having been delivered， or if the baggage check does not include the notice required by sub-paragraph （3） of Article 110 of this Law， the carrier shall not be entitled to avail himself of the provisions of Article 129 of this Law concerning the limit of liability.

　　Article 113 The carrier has the right to require the shipper to make out an air waybill； a shipper has the right to require the carrier to accept the air waybill. The failure of the shipper to produce the air waybill， or the irregularity or loss of the air waybill shall not affect the existence or validity of the contract of transport.

　　Article 114 The air waybill shall be made out by the shipper in three original parts and be handed over to the carrier with the cargo.

　　The first part of the air waybill shall be marked “for the carrier” and shall be signed and sealed by the shipper； the second part shall be marked “for the consignee” and shall be signed and sealed by both the shipper and the carrier； the third part shall be signed and sealed by the carrier and handed by him to the shipper after the cargo has been accepted.

　　If， at the request of the shipper， the carrier makes out the air waybill， he shall be deemed， subject to proof to the contrary， to have done so on behalf of the shipper.

　　Article 115 The contents of an air waybill shall be prescribed by the competent civil aviation authority under the State Council. An air waybill shall at least contain the following particulars：

　　（1） The place of departure and of destination；

　　（2） If the places of departure and destination are within the territory of the People's Republic of China， one or more agreed stopping places being outside such territory， an indication of at least one such stopping place； and

　　（3） If the ultimate destination， the place of departure or the agreed stopping place of the cargo transport is not situated within the territory of the People's Republic of China， a notice indicating the international air transport convention applicable to such transport， in case such convention requires the inclusion of the notice in the air waybill.

　　Article 116 In domestic air transport， if， with the consent of the carrier， cargo is carried without an air waybill having been made out， the carrier shall not be entitled to avail himself of the provisions of Article 128 of this Law concerning the limit of liability.

　　In international air transport， if， with the consent of the carrier， cargo is carried without an air waybill having been made out， or if the air waybill does not include the notice required by sub-paragraph （3） of Article 115 of this Law， the carrier shall not be entitled to avail himself of the provisions of Article 129 of this Law concerning the limit of liability.

　　Article 117 The shipper shall be responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the air waybill.

　　The shipper shall indemnify th

e carrier against all damage suffered by him， or by any other person to whom the carrier is liable， by reason of the irregularity， incorrectness or incompleteness of the particulars and statements inserted in the air waybill.

　　Article 118 The air waybill shall be prima facie evidence of the conclusion of the contract of transport of cargo by air， of the conditions of transport and of the receipt of the cargo by the carrier.

　　The statements in the air waybill relating to the weight， dimensions， and packing of the cargo， as well as those relating to the number of packages， shall be prima facie evidence of the facts stated. Those relating to the quantity， volume， and conditions of the cargo shall not constitute evidence against the carrier except so far as they both have been and are stated in the air waybill to have been checked by him in the presence of the shipper， or relate to the apparent condition of the cargo.

　　Article 119 Subject to his liability to carry out all his obligations under the contract of transport of cargo by air， the shipper shall have the right to dispose of the cargo by withdrawing them at the airport of departure or destination， or by stopping them in the course of the journey on any landing， or by calling for them to be delivered at the place of destination， or in the course of the journey to a person other than the consignee named in the air waybill， or by requiring them to be returned to the airport of departure； provided that the shipper must not exercise this right of disposition in such a way as to prejudice the carrier or other shippers and he must repay any expenses occasioned by the exercise of this right.

　　If it is impossible to carry out the orders of the shipper， the carrier must so inform him forthwith.

　　If the carrier obeys the orders of the

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