帅哥
发表于 2008-12-31 02:44:14
Article 98 The operation of non-scheduled airtransport by a public air transport enterprise shall besubject to the approval of the competent civil aviationauthority under the State Council, provided that it shallnot affect the normal operation of scheduled air transport.Article 99 A public air transport enterpriseshall formulate a security plan in accordance with the-38-public air transport security regulations formulated bythe State Council, and report to the competent civilaviation authority under the State Council for the record.Article 100 No public air transport enterpriseshall carry articles the transport of which is prohibitedby the provisions of laws and administrative rules andregulations.No public air transport enterprise shall carry munitionsof war and implements of war unless approvedby the competent civil aviation authority under theState Council.Passengers bringing on their persons articles thetransport of which is prohibited by the provisions oflaws and administrative rules and regulations are prohibitedfrom flying in a civil aircraft.Article 101 A public air transport enterpriseshall observe the relevant regulations of the State in thetransport of dangerous articles.The consigning of dangerous articles for shipmentunder the name of non-dangerous articles isprohibited.Passengers bringing dangerous articles on theirpersons are prohibited from flying in a civil aircraft.Passengers bringing firearms or controlled knives areprohibited from flying in a civil aircraft unless they areperforming official duties and approved in accordance-39-with State regulations. The consigning of dangerous articlesas baggage for shipment against the provisionsstipulated by the competent civil aviation authority underthe State Council is prohibited.The names of dangerous articles shall be prescribedand published by the competent civil aviationauthority under the State Council.
帅哥
发表于 2008-12-31 02:44:24
Article 102 No public air transport enterpriseshall carry passengers who refused to accept security inspection,nor shall it carry baggage which have notgone through security inspection against State regulation.A public air transport enterprise must carry out securityinspection or take other measures to ensure thesecurity of the cargo it undertakes to transport inaccordance with the provisions stipulated by the competentcivil aviation authority under the State Council.Article 103 The civil aircraft of a public airtransport enterprise engaged in international air transportand the persons, baggage and cargo carried thereinshall accept the inspection of such competent authoritiesas frontier inspection, customs and quarantine;provided that unnecessary delay shall be prevented atthe time of inspection.Article 104 A public air transport enterpriseshall give priority to the transport of mail in accordance-40-with the provisions of relevant laws and administrativerules and regulations.Article 105 A public air transport enterpriseshall be covered by insurance against liability for thirdparties on the surface.Chapter IXPublic Air TransportSection 1 Basic PrinciplesArticle 106 This Chapter shall apply to thetransport of persons, baggage, or cargo performed bythe civil aircraft of public air transport enterprise, includingthe gratuitous transport performed by the civilaircraft of public air transport enterprise.This Chapter shall not apply to the transport ofmail performed by civil aircraft.The provisions of this Chapter shall apply to thepart of transport by air in the case of multi-modaltransport.
帅哥
发表于 2008-12-31 02:44:35
Article 107 "Domestic air transport" referred toin this Chapter means any transport in which, accordingto the contract of transport by air between the parties,the place of departure, the place of destination and-41-the agreed stopping place are all situated within the territoryof the People's Republic of China."International air transport" referred to in thisChapter means any transport in which, according to thecontract of transport by air between the parties, theplace of departure, the place of destination or theagreed stopping place, whether or not there be a breakin the transport or a transshipment, is not situated withinthe territory of the People/s Republic of China.Article 108 Transport to be performed by severalsuccessive air carriers is deemed to be one undividedtransport, if it has been regarded by the parties tothe contract of transport by air as a single operation,whether it had been agreed upon under the form of asingle contract or of a series of contracts.
帅哥
发表于 2008-12-31 02:44:49
Section 2 TransportDocumentsArticle 109 For the transport of passengers thecarrier shall deliver a passenger ticket. A passenger totravel in civil aircraft shall produce a valid passengerticket for check.Article 110 The contents of a passenger ticketshall be prescribed by the competent civil aviation authorityunder the State Council. A passenger ticket shallat least contain the following particulars:-42-(1) The place of departure and of destination;(2) If the places of departure and destination arewithin the territory of the People's Republic of China,one or more agreed stopping places being outside thesaid territory, an indication of at least one such stoppingplace; and(3) If the ultimate destination, the place of departureor the agreed stopping place of the passenger/sjourney is not situated within the territory of thePeople's Republic of China, a notice indicating the internationalair transport convention applicable to suchtransport, in case such convention requires the inclusionof the notice in the passenger ticket.Article 111 The passenger ticket shall constituteprima facie evidence of the conclusion and conditionsof the contract of transport of passenger by air.The failure of the passenger to produce the passengerticket, or the irregularity or loss of the passengerticket does not affect the existence or validity of thecontract of transport.In domestic air transport, if, with the consent ofthe carrier, the passenger embarks on a civil aircraftwithout a passenger ticket having been delivered, thecarrier shall not be entitled to avail himself of the provisionsof Article 128 of this Law concerning the limit ofliability.In international air transport, if, with the consentof the carrier, the passenger embarks on a civil aircraft-43-without a passenger ticket having been delivered, or ifthe ticket does not include the notice required bysub-paragraph (3) of Article 110 of this Law, the carriershall not be entitled to avail himself of the provisionsof Article 129 of this Law concerning the limit of liability.
帅哥
发表于 2008-12-31 02:44:59
Article 112 In respect of the transport ofchecked baggage by a carrier, a baggage check may becombined with or incorporated in a passenger ticket. Inaddition to the provisions of Article 110 of this Law, abaggage check shall also include the following particulars:(l) The number of packages and weight of thebaggage; and(2) If a declaration of interest in delivery at destinationof the checked baggage is required, indicate thesum of declared interest.The baggage check shall constitute prima facie evidenceof the checking of the baggage and of the conditionsof the contract of transport.The failure of the passenger to produce the baggagecheck, or the irregularity or loss of the baggagecheck does not affect the existence or validity of thecontract of transport.In domestic air transport, if the carrier carries thechecked baggage without a baggage check having beendelivered, he shall not be entitled to avail himself of theprovisions of Article 128 of this Law concerning the-44-limit of liability.In international air transport, if the carrier carriesthe checked baggage without a baggage check havingbeen delivered, or if the baggage check does not includethe notice required by sub-paragraph (3) of Article 110of this Law, the carrier shall not be entitled to availhimself of the provisions of Article 129 of this Lawconcerning the limit of liability.Article 113 The carrier has the right to requirethe shipper to make out an air waybill; a shipper hasthe right to require the carrier to accept the air waybill.The failure of the shipper to produce the air waybill, orthe irregularity or loss of the air waybill shall not affectthe existence or validity of the contract of transport.
帅哥
发表于 2008-12-31 02:45:10
Article 114 The air waybill shall be made out bythe shipper in three original parts and be handed overto 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 theshipper; the second part shall be marked "for the consignee"and shall be signed and sealed by both the shipperand the carrier; the third part shall be signed andsealed by the carrier and handed by him to the shipperafter the cargo has been accepted.If, at the request of the shipper, the carrier makesout the air waybill, he shall be deemed, subject to proofto the contrary, to have done so on behalf of the ship--45-per.Article 115 The contents of an air waybill shallbe prescribed by the competent civil aviation authorityunder the State Council. An air waybill shall at leastcontain the following particulars:(1) The place of departure and of destination;(2) If the places of departure and destination arewithin the territory of the People's Republic of China,one or more agreed stopping places being outside suchterritory, an indication of at least one such stoppingplace; and(3) If the ultimate destination, the place of departureor the agreed stopping place of the cargo transportis not situated within the territory of the People's Republicof China, a notice indicating the international airtransport convention applicable to such transport, incase such convention requires the inclusion of the noticein the air waybill.Article 116 In domestic air transport, if, withthe consent of the carrier, cargo is carried without anair waybill having been made out, the carrier shall notbe entitled to avail himself of the provisions of Article128 of this Law concerning the limit of liability.In international air transport, if, with the consentof the carrier, cargo is carried without an air waybillhaving been made out, or if the air waybill does not includethe notice required by sub-paragraph (3) of Arti--46-de 115 of this Law, the carrier shall not be entitled toavail himself of the provisions of Article 129 of thisLaw concerning the limit of liability.
帅哥
发表于 2008-12-31 02:45:21
Article 117 The shipper shall be responsible forthe correctness of the particulars and statements relatingto the cargo which he inserts in the air waybill.The shipper shall indemnify the carrier against alldamage suffered by him, or by any other person towhom the carrier is liable, by reason of the irregularity,incorrectness or incompleteness of the particulars andstatements inserted in the air waybill.Article 118 The air waybill shall be prima facieevidence of the conclusion of the contract of transportof cargo by air, of the conditions of transport and ofthe receipt of the cargo by the carrier.The statements in the air waybill relating to theweight, dimensions, and packing of the cargo, as well asthose relating to the number of packages, shall be primafacie evidence of the facts stated. Those relating tothe quantity, volume, and conditions of the cargo shallnot constitute evidence against the carrier except so faras they both have been and are stated in the air waybillto have been checked by him in the presence of theshipper, or relate to the apparent condition of thecargo.Article 119 Subject to his liability to carry out-47-all his obligations under the contract of transport ofcargo by air, the shipper shall have the right to disposeof the cargo by withdrawing them at the airport of departureor destination, or by stopping them in thecourse of the journey on any landing, or by calling forthem to be delivered at the place of destination, or inthe course of the journey to a person other than theconsignee named in the air waybill, or by requiringthem to be returned to the airport of departure; providedthat the shipper must not exercise this right of dispositionin such a way as to prejudice the carrier or othershippers and he must repay any expenses occasioned bythe exercise of this right.
帅哥
发表于 2008-12-31 02:45:31
If it is impossible to carry out the orders of theshipper, the carrier must so inform him forthwith.If the carrier obeys the orders of the shipper for thedisposition of the cargo without requiring the productionof the part of the air waybill delivered to the latter,he will be liable, without prejudice to his right of recoveryfrom the shipper, for any damage which may becaused thereby to any person who is lawfully in possessionof that part of the air waybill.The right conferred on the shipper shall cease atthe moment when that of the consignee begins inaccordance with the provisions of Article 120 of thisLaw; provided that if the consignee declines to acceptthe air waybill or the cargo, or if he cannot be communicatedwith, the shipper shall resume his right of disposition.-48-Article 120 Except in the circumstances set outin Article 119, the consignee shall be entitled, on arrivalof the cargo at the place of destination, to require thecarrier to hand over to him the air waybill and to deliverthe cargo to him, on payment of the charges due andon complying with the conditions of transport set out inthe air waybill.Unless it is otherwise agreed, it shall be the duty ofthe carrier to give notice to the consignee as soon as thecargo arrives.If the carrier admits the loss of the cargo, or if thecargo has not arrived at the expiration of seven days afterthe date on which it ought to have arrived, the consigneeshall be entitled to put into force against the carrierthe rights which flow from the contract of transportof cargo by air.
帅哥
发表于 2008-12-31 02:45:41
Article 121 The shipper and the consignee canrespectively enforce all the rights given them by Articles119 and 120 of this Law, each in his own name,whether he is acting in his own interest or in the interestof another, provided that he carries out the obligationsimposed by the contract of transport of cargo by air.Article 122 The provisions of Articles 119, 120and 121 of this Law shall not affect the relations of theshipper and the consignee with each other or the mutualrelations of third parties whose right are derived ei--49-ther from the shipper or from the consignee.Any terms of the contract which are different fromthe provisions of Articles 119, 120 and 121 of thisLaw shall be expressly stated in the air waybill.Article 123 The shipper shall furnish such informationand documents as are necessary to meet theformalities provided by laws and administrative rulesand regulations before the cargo can be delivered to theconsignee. The shipper shall be liable to the carrier forany damage occasioned by the absence, insufficiency orirregularity of any such information or documents, unlessthe damage is due to the fault of the carrier, his servantsor agents.The carrier is under no obligation to check such informationor documents unless otherwise provided bylaws and administrative rules and regulations.
帅哥
发表于 2008-12-31 02:45:53
Section 3 Liability of the CarrierArticle 124 The carrier shall be liable for thedeath or personal injury of a passenger, if the accidenttook place on board the civil aircraft or in the course ofany of the operations of embarking on or disembarkingfrom the civil aircraft; provided that the carrier is notliable if the death or injury resulted solely from the stateof health of the passenger.-50-Article 125 The carrier shall be liable for thedestruction or loss of, or damage to , any carry-on articlesof the passenger, if the occurrence took place onboard the civil aircraft or in the course of any of theoperations of embarking on or disembarking from thecivil aircraft of the passenger. The carrier shall be liablefor the destruction or loss of, or damage to any checkedbaggage of the passenger, if the occurrence took placeduring the transport by air.The carrier shall not be liable for the destruction orloss of, or damage to, any carry-on articles or checkedbaggage of the passenger if such destruction or loss ordamage resulted solely from the inherent defect, qualityor vice of the baggage."Baggage" referred to in this Chapter includesboth checked baggage and the carry-on articles of thepassenger.The carrier shall be liable for the destruction orloss of, or damage to, any cargo if the occurrence tookplace during the transport by air; provided that the carrieris not liable if he proves that the destruction or lossof, or damage to, the cargo resulted solely from one ormore of the following:(1) Inherent defect, quality or vice of that cargo;(2) Defective packing of that cargo performed by aperson 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 connectionwith the entry, exit or transit of the cargo.-51-The IIperiod of the transport by air" referred to inthis Article means the whole period during which thechecked baggage or cargo is in the charge of the carrier,whether in an airport or on board a civil aircraft, or, inthe case of a landing outside the airport, in any placewha tsoever.The period of the transport by air does not extendto any transport by land, by sea or by river performedoutside an airport; provided that if such transport isused for loading, delivery or transshipment for the performanceof a contract of transport by air, any damagetook place during such transport is presumed, subjectto proof to the contrary, to have been the damage takenplace during the period of transport by air.
