时间：2014-12-21 09:06来源：蓝天飞行翻译公司 作者：民航翻译 点击：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. Liability for damage occasioned by delay in the transport 1. The carrier shall be liable for compensation for the damage occasioned by delay, unless he proves that he or his agent or servant have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures. 2. The compensation for damage occasioned by delay may not exceed the limits of liability of the carrier under Article 166 of this Law. Exoneration from liability for damage 1. If the carrier proves that the damage caused by the fault of the claimant, the carrier shall be wholly or partly exonerated from his liability for the damage to the extent to which such fault contributed to the damage. 2. If the carrier proves that the damage in respect of death or injury of passenger caused by the fault of the passenger, the carrier shall be wholly or partly exonerated from his liability for the damage to the extent the fault contributed to the damage; the carrier shall not be liable for the death or injury of the passenger in the case where such damage was solely due to the state of health of the passenger. 3. The carrier shall be wholly or partly exonerated from his liability if the damage caused to cargo and checked baggage has been resulted from one or more of the followings: a) Inherent defect, quality or vice of that cargo, checked baggage; b) Judgment rendered by a court or decision given by the governmental competent authority relating to the cargo, checked baggage; c) An act of war or an armed conflict; d) The fault of the consignor or consignee of the cargo or checked baggage, or the fault of the escort assigned by the consignor or consignee to take care the cargo. The limits of liability of the carrier for damage 1. The carrier is entitled to limits of liability for damage as follows: a) For the carriage of passenger, the liability for damage to death, injury of each passenger is limited to 100,000 Special Drawing Rights (SDR) for each passenger; b) For the carriage of passenger, the liability for damage caused by delay is limited to 4,150 SRD for each passenger; c) For the carriage of baggage, including checked and unchecked baggage the liability in case of destruction, loss, damage or delay is limited to 1,000 SDR for each passenger; in the case where the passenger has made a declaration of interest in delivery at destination and has paid a supplementary sum, the carrier shall be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger’s actual interest in delivery at destination; d) For the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 17 SDR per kilogramme; in the case where the consignor has made a declaration of interest in delivery at destination and has paid a supplementary sum, the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor’s actual interest in delivery at destination. 2. Special Drawing Right (SDR) is the unit of account defined by the International Monetary Fund. The conversion of SDR into Vietnamese Dong shall be made according to official exchange rate announced by the State Bank of Viet Nam at the time of payment. 3. In the carriage of cargo, the weight the cargo lost, damaged or delayed shall be used to determine the liability of the carrier. If a portion of the cargo lost, damaged or delayed in arrival that affects the value of other cargo in the same receipt or the air waybill, the weight of all packages shall be used to determine the limits of liability of the carrier. 4. The carrier is only entitled to the limits of liability under the sub-paragraph (a) of paragraph 1) of this Article if he proves that the damage is not due to his fault but due to the fault of third party. 5. The carrier shall not be entitled to avail himself of the provisions of sub-paragraphs b), c), d) of paragraph 1) of this Article concerning the limits of liability if the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result. In the case of such act or omission of a servant or agent of the carrier, it shall be proved that such servant or agent was acting within the scope of its employment. |
