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The "period of the transport by air" referred to in
this Article means the whole period during which the
checked baggage or cargo is in the charge of the carrier,
whether in an airport or on board a civil aircraft, or, in
the case of a landing outside the airport, in any place
whatsoever.
The period of the transport by air does not extend
to any transport by land, by sea or by river performed
outside an airport; provided that if such transport is
used for loading, delivery or transshipment for the per-
formance of a contract of transport by air, any damage
took place during such transport is presumed, subject
to proof to the contrary, to have been the damage taken
place during the period of transport by air.
Article 126 The carrier shall be liable for dam-
age occasioned by delay in the transport by air of pas-
sengers, baggage or cargo; provided that the carrier is
not liable if he proved that he and his servants or agents
have taken all necessary measures to avoid the damage
-,
or that is was impossible for him or them to take such
measures.
Article 127 In the transport of passengers and
baggage, if the carrier proves that the damage was
caused by or contributed to by the fault of the claim-
ant, the carrier may be wholly or partly exonerated
from his liability in accordance with the extent of the
fault that caused or contributed to such damage.
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Where a person other than the passenger claims com-
pensation with respect to the death or injury of the
passenger, the carrier may similarly be wholly or part-
Iy exonerated from his liability in accordance with the
extent of the fault that caused or contributed to such
damage, if the carrier proves that the death or injury
was caused by or contributed to by the fault of the
passenger himself.
In the transport of cargo, if the carrier proves that
the damage was caused by or contributed to the fault of
the person claiming compensation, or the person from
whom he derived his right, the carrier shall be wholly or
partly exonerated from his liability in accordance with
the extent of the fault that caused or contributed to
such damage.
Article 128 The limits of carrier's liability in
domestic air transport shall be formulated by the com-
petent civil aviation authority under the State Council
and put in force after being approved by the State
C,ouncil.
If the passenger or the shipper has made, at the
time when the checked baggage or cargo was handed
over to the carrier, a special declaration of interest in
delivery at destination and has paid a supplementary
sum if the case so requires, the carrier shall be liable to
pay a sum not exceeding the declared sum, unless he
proves that the sum declared by the passenger or ship-
per is greater than the actual interest of the checked
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baggage or cargo in delivery at destination; the other
provisions of Article 129 of this Law shall be applicable
to domestic air transport except the limits ofliability.
Article 129 In international air transport, the
liability of the carrier shall be as the following:
(1) The liability of the carrier for each passenger is
limited to the sum of 16600 units of account. Never-
theless, the passenger may agree with the carrier in writ-
ing to a limit of liability higher than that prescribed by
this sub-paragraph;
(2) The liability of the carrier for each kilogram of
checked baggage or cargo is limited to a sum of
17 units of account. If the passenger or shipper has
made, at the time when the package was handed over to
the carrier, a special declaration of interest in delivery
at destination and has paid
case so requires, the carrier
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The Civil Aviation Law of the People's Republic of China(17)
