时间：2015-01-01 10:26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. (d) any special agreement under which the contracting carrier assumes obligations not imposed by this Part, or any waiver of rights conferred by this Part, does not affect the actual carrier unless agreed to by the actual carrier. (2) An act or omission specified in subsection (1)(c) does not subject the actual carrier to liability exceeding the limits specified in section 91ZC. Compare: 1967 No 151 s 20 Section 91X: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91Y Provisions if carriage performed by successive carriers If carriage is performed or is to be performed by successive carriers, the contracting carrier who is liable is the successive carrier who performed or was to perform the carriage where the delay occurred. Compare: 1967 No 151 s21 Section 91Y: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91Z Liability of carrier in respect of delay (1) A carrier is liable for damage caused by delay in the carriage of passengers. (2) Despite subsection (1), a carrier is not liable for damage caused by delay if the carrier proves that the delay— (a) arose by reason of— (i) meteorological conditions; or (ii) compliance with instructions, advice, or information given by an air traffic control service; or (iii) obedience to orders or directions given by a lawful authority; or (b) was made necessary by force majeure; or (c) was necessary for the purpose of saving or attempting to save life. Compare: 1967 No 151 s 25 Section 91Z: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91ZA Avoidance of liability The carrier is not liable under this Part if the carrier proves that— (a) the carrier, or the carrier’s servants or agents, had taken all necessary measures to avoid the damage; or (b) it was not possible for the carrier, or the carrier’s servants or agents, to have taken those measures. Compare: 1967 No 151 s 26 Section 91ZA: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91ZB Contributory negligence If the carrier proves that the damage was caused, or contributed to, by the negligence of the passenger, the court may, in accordance with the Contributory Negligence Act 1947, exonerate the carrier wholly or partly from liability. Compare: 1967 No 151 s 27 Section 91ZB: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91ZC Limitation of liability (1) The liability of the carrier in respect of damage caused by delay is limited to the lesser of— (a) the amount of damage proved to have been sustained as a result of the delay; or (b) an amount representing 10 times the sum paid for the carriage. (2) Despite subsection (1), the carrier may, by special contract, increase the amount of the carrier’s liability under that subsection. (3) This Part does not affect any rule of law relating to remoteness of damage. Compare: 1967 No 151 s 28 Section 91ZC: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91ZD Contracting out (1) A provision in a contract of carriage or in any bylaws made by a carrier purporting to relieve the carrier of liability, or to fix a lower limit than the appropriate limit of liability referred to in section 9 1ZC, has no effect. (2) The invalidity under subsection (1) of a provision in a contract of carriage or in any bylaws does not, by itself, make any other provision of that contract or those bylaws invalid. Compare: 1967 No 151 s 30 Section 91ZD: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91ZE Wilful or reckless misconduct (1) The limits of liability referred to in section 9 1ZC do not apply if it is proved that the damage resulted from an act or omission of the carrier done— (a) with intent to cause damage; or (b) recklessly and with knowledge that damage would probably result. (2) The limits of liability referred to in section 9 1ZC do not apply if it is proved that the damage resulted from an act or omission of the carrier’s servants or agents done— (a) with intent to cause damage; or (b) recklessly and with knowledge that damage would probably result; and (c) while the servant or agent was acting within the scope of that servant’s or agent’s employment. Compare: 1967 No 151 s31 Section 91ZE: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91ZF Servants or agents of carrier (1) If an action in respect of any damage is brought against a servant or agent of a carrier, and the servant or agent proves that the servant or agent acted within the scope of the servant’s or agent’s employment or authority, the servant or agent is entitled to rely on the limits of liability, if any, that the carrier would be entitled to invoke under section 91ZC in an action against the carrier in respect of that damage. (2) Subsection (1) does not apply if it is proved that the damage resulted from an act or omission of the servant or agent done— (a) with intent to cause damage or recklessly; and (b) with knowledge that damage would probably result. Compare: 1967 No 151 s 32 Section 91ZF: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91ZG Aggregation of damages The aggregate of the amounts recoverable from the carriers, and from their servants or agents acting within the scope of their employment who are jointly and severally subject to liability under this Part, must not exceed the limits referred to in section 91ZC. Compare: 1967 No 151 s 33 Section 91ZG: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91ZH Aggregate liability The limitations referred to in section 91ZC apply to the aggregate liability of a carrier, or a servant or agent of a carrier acting within the scope of the servant’s or agent’s employment, in all proceedings that are brought against the carrier or servant or agent under the law of New Zealand, together with any proceedings brought against the carrier or servant or agent outside New Zealand. Compare: 1967 No 151 s 34 Section 91ZH: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91ZI Just and equitable orders and awards (1) A court before which proceedings are brought to enforce a liability that is limited by this Part may, at any stage of the proceedings, make any order that appears to the court to be just and equitable in view of— (a) the provisions of this Part; and (b) any other proceedings that have been, or are likely to be, commenced in New Zealand or elsewhere to enforce the liability in whole or in part. (2) Without limiting subsection (1), a court before which proceedings are brought to enforce a liability that is limited by this Part may, if the liability is, or maybe, enforceable in other proceedings in New Zealand or elsewhere,— (a) award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or (b) make any part of its award conditional on the result of any other proceedings. Compare: 1967 No 151 s 35 Section 91ZI: inserted, on 1 June 2004, by section 37 of the Civil Aviation Amendment Act 2004 (2004 No 8). 91ZJ Tortfeasors (1) The limitations on liability referred to in section 9 1ZC apply if— (a) proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor; and |
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