specified in the flight plan, but no longer than twenty-four hours; and ! |9 |5 N, _2 W% R
( z# p" {. f* W (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. 8 j2 _! J6 i, y4 H4 `
The continuation in force of the insurance and guarantee under the provisions of the preceding paragraph shall apply only for the benefit of he person suffering damage. 8 A8 l5 Q7 z# b" b9 m2 `& x
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:
) @0 ]" x* _: c3 d (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
( H" F# O. o6 Z9 e2 q* [ (2) The bankruptcy of the operator. 3 O4 h( i. n; b7 }6 D
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. / f, i6 Q; k9 l: F2 v4 x
Article 169 If insurance or guarantee is furnished in accordance with Article 166 of this Law, it shall be specifically and preferentially assigned to payment of claims under this Chapter.
$ u$ ~6 O `, M- k5 q Article 170 Any sum due to an operator from an insurer shall be exempt from seizure and execution by creditors of the operator until claims of third parties under this Chapter have been satisfied. : r) d) Z& H. A2 @; a9 p
Article 171 Actions concerning indemnity for damage to third parties on the surface shall be subject to a period of limitation of two years from the date of the incident which caused the damage; but in any case such period shall not go beyond a period of three years from the date of the incident which caused the damage. & X5 L4 [# U0 R( \
Article 172 The provisions of this Chapter shall not apply to the following damage:
7 R/ G4 q7 C3 ]; G, U. s (1) The damage caused to a civil aircraft in flight, or to persons or cargo on board such aircraft; T: E) w$ \( J
(2) The damage which is regulated either by a contract between the person who suffers such damage and the operator or the person entitled to use the civil aircraft at the time the damage occurred, or by the law relating to workman's compensation applicable to a contract of employment between such persons; and
; t6 P- Q8 I, `7 z: R; T% o (3) Nuclear damage. " G1 S' K/ w0 H( l! _6 T
Chapter XIII Special Provisions Governing Foreign Civil Aircraft
& o* B, q/ s+ u' i: ^3 ~/ F# { Article 173 The provisions of this Chapter shall be applicable to foreign civil aircraft operated by foreigners and engaged in civil aviation activities in the territory of the People's Republic of China; where no provisions are available in this Chapter, other provisions concerned in this Law shall apply.
. W' F& t; m& s7 g Article 174 A foreign civil aircraft may enter or leave the airspace of the People's Republic of China, and operate or land in the territory of the People's Republic of China only in accordance with the air transport agreement concluded between the Government of the People's Republic of China and the government of the State in which the aircraft is registered, or in accordance with the approval or clearance of the competent civil aviation authority under the State Council of the People's Republic of China. ; t) y8 ?; n5 e5 s, p0 W
If a foreign civil aircraft, not conforming to the provisions of the preceding paragraph, is entering or leaving the airspace of the People's Republic of China without authorization, the authorities concerned of t |