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. 3. The operator of an aircraft as provided for in this Chapter, shall mean the person who was directly making use or his personnel making use of the aircraft in their duty at the time the damage was caused. Liability Exoneration and Reduction 1. If damage was caused by the fault of person who suffers damage, the compensation shall be reduced to the extent to fault of the person who suffers damage; if damage was caused solely by fault of the person who suffers the damage, the person causing the damage shall not be liable for damage. 2. The operator of an aircraft shall be exonerated from compensation if the damage is the direct consequence of war, armed conflict or the aircraft has been requisitioned by governmental competent authorities. The right of recourse against person liable for damage The person who is liable for damage shall have the right of recourse against any organizations or individuals involved. Limits of liability 1. The liability of an aircraft operator for damage specified in this Section, for each aircraft and incident, shall not exceed 1,000 SDR per kilogram of the aircraft weight. The aircraft weight is the maximum weight of the aircraft authorized under the Certificate of Airworthiness for take-off, excluding the effect of lifting air or gas when used. 2. Liability in respect of loss of life or personal injury or health damage shall not exceed 150,000 SDR per person killed or injured. 3. When two or more aircraft have jointly caused damage by collision or interference with each other, the third parties on the surface who suffer damage shall be entitled to be compensated up to aggregate of limits applicable to each of the aircraft involved; each operator shall be liable only for damage up to limits as provided for in paragraphs 1) and 2) this Article. 4. The Government shall decide to increase the limits of liability, if necessary. The cases where the operator of an aircraft shall not be entitled to his limits of liability 1. The damage was caused by fault of the operator or his servants or agents; 2. The damage was caused by unlawful use of the aircraft. Settlement of damage compensation which exceeds the limits of liability 1. If the claims are exclusively in respect of loss of life or personal injury or exclusively in respect of damage to property, such claims shall be reduced in proportion to their respective amounts; 2. If the claims are both in respect of loss of life or personal injury and in respect of damage to property, the total sum distributable shall be appropriated preferentially to meet claims in respect of loss of life or personal injury, if insufficient, it shall be distributed proportionately between the claims concerned. The remainder of the total sum shall be distributed to meet the claims in respect of damage to property. Liability exoneration for insurer or guarantee 1. The liability for damage of the insurer, guarantee shall be exonerated, reduced in accordance with the provisions of Article 178 of this Law. 2. The insurer, guarantee shall be exonerated from compensation in the following cases: a) The damage occurred after the insurance contract or security ceased to be effective. If the insurance policy or security expire during aircraft is in flight, it shall be continued in force until the next landing of the aircraft specified in the flight plan, but no longer than twenty-four hours from the time which security or insurance policy ceased to be valid. The extending the validity of security or insurance policy shall only be applied for the benefit of the person suffering damage. b) The damage occurred outside of the limits in geographical area covered by security or insurance policy, except in emergency or force majeure. Exemption from seizure of security or insurance royalties The security or insurance royalties provided for in Article 176 of this Law shall not be seized to meet requirements from creditors of the operator until claims of third parties on surface has been satisfied. |
