中华人民共和国民用航空法（二）

shipper for the disposition of the cargo without requiring the production of the part of the air waybill delivered to the latter， he will be liable， without prejudice to his right of recovery from the shipper， for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill.

　　The right conferred on the shipper shall cease at the moment when that of the consignee begins in accordance with the provisions of Article 120 of this Law； provided that if the consignee declines to accept the air waybill or the cargo， or if he cannot be communicated with， the shipper shall resume his right of disposition.

　　Article 120 Except in the circumstances set out in Article 119， the consignee shall be entitled， on arrival of the cargo at the place of destination， to require the carrier to hand over to him the air waybill and to deliver the cargo to him， on payment of the charges due and on complying with the conditions of transport set out in the air waybill.

　　Unless it is otherwise agreed， it shall be the duty of the carrier to give notice to the consignee as soon as the cargo arrives.

　　If the carrier admits the loss of the cargo， or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived， the consignee shall be entitled to put into force against the carrier the rights which flow from the contract of transport of cargo by air.

　　Article 121 The shipper and the consignee can respectively enforce all the rights given them by Articles 119 and 120 of this Law， each in his own name， whether he is acting in his own interest or in the interest of another， provided that he carries out the obligations imposed by the contract of transport of cargo by air.

　　Article 122 The provisions of Articles 119， 120 and 121 of this Law shall not affect the relations of the shipper and the consignee with each other or the mutual relations of third parties whose right are derived either from the shipper or from the consignee.

　　Any terms of the contract which are different from the provi

sions of Articles 119， 120 and 121 of this Law shall be expressly stated in the air waybill.

　　Article 123 The shipper shall furnish such information and documents as are necessary to meet the formalities provided by laws and administrative rules and regulations before the cargo can be delivered to the consignee.

　　The shipper shall be liable to the carrier for any damage occasioned by the absence， insufficiency or irregularity of any such information or documents， unless the damage is due to the fault of the carrier， his servants or agents.

　　The carrier is under no obligation to check such information or documents unless otherwise provided by laws and administrative rules and regulations.

　　Section 3 Liability of the Carrier

　　Article 124 The carrier shall be liable for the death or personal injury of a passenger， if the accident took place on board the civil aircraft or in the course of any of the operations of embarking on or disembarking from the civil aircraft； provided that the carrier is not liable if the death or injury resulted solely from the state of health of the passenger.

　　Article 125 The carrier shall be liable for the destruction or loss of， or damage to， any carry-on articles of the passenger， if the occurrence took place on board the civil aircraft or in the course of any of the operations of embarking on or disembarking from the civil aircraft of the passenger. The carrier shall be liable for the destruction or loss of， or damage to any checked baggage of the passenger， if the occurrence took place during the transport by air.

　　The carrier shall not be liable for the destruction or loss of， or damage to， any carry-on articles or checked baggage of the passenger if such destruction or loss or damage resulted solely from the inherent defect， quality or vice of the baggage.

　　“Baggage” referred to in this Chapter includes both checked baggage and the carry-on articles of the passenger.

　　The carrier shall be liable for the destruction or loss of， or damage to， any cargo if the occurrence took place during the transport by air； provided that the carrier is not liable if he proves that the destruction or loss of， or damage to， the cargo resulted solely from one or more of the following：

　　（1） Inherent defect， quality or vice of that cargo；

　　（2） Defective packing of that cargo performed by a person other than the carrier or his servants or agents；

　　（3） An act of war or an armed conflict； or

　　（4） An act of public authority carried out in connection with the entry， exit or transit of the cargo.

　　The “period of the transport by air” referred to in this Article means the whole period during which the checked baggage or cargo is in the charge of the carrier， whether in an airport or on board a civil aircraft， or， in the case of a landing outside the airport， in any place whatsoever.

　　The period of the transport by air does not extend to any transport by land， by sea or by river performed outside an airport； provided that if such transport is used for loading， delivery or transshipment for the performance of a contract of transport by air， any damage took place during such transport is presumed， subject to proof to the contrary， to have been the damage taken place during the period of transport by air.

　　Article 126 The carrier shall be liable for damage occasioned by delay in the transport by air of passengers， baggage or cargo； provided that the carrier is not liable if he proved that he and his servants or agents have taken all necessary measures to avoid the damage or that is was impossible for him or them to take such measures.

　　Article 127 In the transport of passengers and baggage， if the carrier proves that the damage was caused by or contributed to by the fault of the claimant， the carrier may be wholly or partly exonerated from his liability in accordance with the ext

ent of the fault that caused or contributed to such damage. Where a person other than the passenger claims compensation with respect to the death or injury of the passenger， the carrier may similarly be wholly or partly exonerated from his liability in accordance with the extent of the fault that caused or contributed to such damage， if the carrier proves that the death or injury was caused by or contributed to by the fault of the passenger himself.

　　In the transport of cargo， if the carrier proves that the damage was caused by or contributed to the fault of the person claiming compensation， or the person from whom he derived his right， the carrier shall be wholly or partly exonerated from his liability in accordance with the extent of the fault that caused or contributed to such damage.

　　Article 128 The limits of carrier's liability in domestic air transport shall be formulated by the competent civil aviation authority under the State Council and put in force after being approved by the State Council.

　　If the passenger or the shipper has made， at the time when the checked baggage or cargo was handed over to the carrier， a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires， the carrier shall be liable to pay a sum not exceeding the declared sum， unless he proves that the sum declared by the passenger or shipper is greater than the actual interest of the checked baggage or cargo in delivery at destination； the other provisions of Article 129 of this Law shall be applicable to domestic air transport except the limits of liability.

　　Article 129 In international air transport， the liability of the carrier shall be as the following：

　　（1） The liability of the carrier for each passenger is limited to the sum of 16600 units of account. Nevertheless， the passenger may agree with the carrier in writing to a limit of liability higher than that prescribed by this sub-paragraph；

　　（2） The liability of the carrier for each kilogram of checked baggage or cargo is limited to a sum of 17 units of account. If the passenger or shipper has made， at the time when the package was handed over to the carrier， a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires， the carrier shall be liable to pay a sum not exceeding the declared sum， unless he proves that the sum declared by the passenger or shipper is greater than the actual interest of the checked baggage or cargo in delivery at destination.

　　In the case of destruction， loss， damage or delay of a part of checked baggage or cargo， or of any object contained therein， the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall only be the total weight of the package or packages concerned. Nevertheless， when the destruction， loss， damage or delay of a part of the checked baggage or cargo， or of an object contained therein， affects the value of other packages covered by the same baggage check or the same air waybill， the total weight of such package or packages shall also be taken into consideration in determining the limit of liability of the carrier.

　　（3） The liability of the carrier for carry-on baggage of a passenger is limited to 332 units of account per passenger.

　　Article 130 Any provision tending to relieve the carrier of the liability prescribed by this Law or to fix a lower limit than that which is laid down in this Law shall be null and void， but the nullity of any such provision shall not involve the nullity of the whole contract of transport by air.

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