时间：2014-12-27 15:04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. Chapter Eleven Liabilities and Warranties Relating to Aircraft Investment Section One Contractual Liability of Air Transport Article 123(*) Rules of Air Transport: Convention for the unification of certain rules relating to international air transport signed in Warsaw on 12 October 1929 acceded by the State and other amended (*) Amended by Law no.136 of 2010 and complementing agreements shall be applied on international air transport. Provisions of subsection 4 of Section 7 of Chapter 2, (2.7.4) of the Trade Act issued by law no. 17 of 1999 shall apply to domestic air transport. Article 124 Carrier Liability Regarding Dumping of Cargo: Carrier shall be liable to shippers and consignees regarding dumping of shipped goods during the flight, even if such should have been dumped to rescue the aircraft. Article 125 Carrier’s lack of liability in terms of Dropping off Passengers: Carrier shall not be liable if the Pilot had to drop off any passenger violating the order or constituting a threat to the aircraft’s safety or passengers thereof. Article 126 Verifying the Possession of Travel Documents: 1. Each Air Carrier working within the territory of the State must verify that passengers and cargo fulfill the instruments and documents required to enter/exit from the State to the destination’s aerodrome. 2. The provisions of the preceding item shall apply to domestic Air Transport when necessary. Section 2 Liability for Damages Caused by Aircrafts to Others on Ground Article 127 Compensations on Damages Caused by aircrafts to others on ground: Anyone suffered damage on ground has the right of compensation once proven that the damage has arisen directly from an aircraft in flight or of someone or something fell thereof. The aircraft is deemed in flight from the moment the driving force is initiated to do the actual takeoff till the moment the driving force is stopped after landing. As for the Lighter-than-Air (LTA) aircraft, its in-flight status is initiated from the moment being separated from the ground till the moment it is settled thereon. Except for the cases mentioned in this Article, general rules applicable in the State shall be applied. Article 128(*) Liability for Compensation: Air Carrier shall be liable for compensation referred to in the preceding Article. As for private aircrafts, the aircraft’s owner shall be liable for such compensation. (*) Amended by Law no.136 of 2010 Article 129 The Joint Liability in case of using the Aircraft without the Operator’s Consent: 1. If a person use an aircraft without the consent of the Operator thereof, such operator shall, unless he/she proves to conduct the due diligence to avoid such use, be jointly responsible, with the one who used it without his/her consent, for damages justifying the compensation referred to in Article 127, and both of them shall abide by to such compensation as per the conditions set forth in this Chapter and the Limitations of Liability defined therein. 2. The person who has the right to use the aircraft for a period less than 14 days shall be jointly responsible, with the person who granted him such right, for paying the compensation referred to in Article 127. Article 130 Exemption from or reduction of compensation: The person who is deemed responsible in accordance with the provisions of this Chapter shall not abide by the compensation, if the damage is directly resulted from an armed conflict or internal disturbances, or if such person is prevented from using the aircraft by the general authorities, or if the damage is proved to be due to the injured party or his/her subordinates or agents’ fault, negligence or abstention. If the responsible person proved that the injured party, his/her subordinates or agents had contributed to occurrence of the damage, the compensation shall be reduced proportional to their contribution. |
