曝光台 注意防骗
网曝天猫店富美金盛家居专营店坑蒙拐骗欺诈消费者
not exceeding the declared
a supplementary sum if the
shall be liable to pay a sum
sum, unless he proves that
the sum declared by the passenger or shipper is greater
than the actual interest of the checked baggage or cargo
in delivery at destination.
In the case of destruction, loss, damage or delay of
a part of checked baggage or cargo, or of any object
contained therein, the weight to be taken into consider-
ation in determining the amount to which the carrier/s
liability is limited shall only be the total weight of the
package or packages concerned. Nevertheless, when the
destruction, loss, damage or delay of a part of the
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checked baggage or cargo, or of an object contained
therein, affects the value of other packages covered by
the same baggage check or the same air waybill, the to-
tal weight of such package or packages shall also be
taken into consideration in determining the limit of lia-
bility of the carrier.
(3) The liability of the carrier for carry-on baggage
of a passenger is limited to 332 units of account per
passenger.
Article 130 Any provision tending to relieve the
carrier of the liability prescribed by this Law or to fix a
lower limit than that which is laid down in this Law
shall be null and void, but the nullity of any such provi-
sion shall not involve the nullity of the whole contract
of transport by air.
Article 131 Any action for damage occurred in
air transport, however founded, can only be brought
subject to the conditions and limits ofliability set out in
this Law, without prejudice to the question as to who
are the persons who have the right to bring suit and
what are their respective rights.
Article 132 The carrier shall not be entitled to
avail himself of the provisions of Articles 128 and
129 of this Law concerning the limit of liability ifit is
proved that the damage in the air transport resulted
from an act or omission of the carrier, his servants or
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agents, done with intent to cause damage or recklessly
and with knowledge that damage would probably
result; provided that, in the case of such act or omission
of a servant or agent of the carrier, it is also proved that
he was acting within the scope of his employment.
Article 133 If an action is brought against a
servant or agent of the carrier arising out of damage
during air transport, such servant or agent, if it proves
that he acted within the scope of his employment, shall
be entitled to avail himself of the limits of liability as
provided in Articles 128 and 129 of this Law.
The aggregate of the amounts recoverable from the
carrier, his servants and agents, in the case provided in
the preceding paragraph, shall not exceed the legal lim-
its of liability.
The provisions of paragraphs 1 and 2 of this Arti-
cle shall not apply if it is proved that the damage in air
transport resulted from an act or omission of the ser-
vant or agent of the carrier done with intent to cause
damage or recklessly and with knowledge that damage
would probably result.
Article 134 Receipt by the passenger ofchecked
baggage or receipt of cargo by the consignee without
complaint shall be prima facie evidence that the same
have been delivered in good condition and in
accordance with the document of transport.
In the case of damage to checked baggage or
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cargo, the passenger or consignee must complain to the
carrier forthwith after the discovery of the damage, and
at the latest, within seven days from the date of receipt
in the case of checked baggage and fourteen days from
the date of receipt in the case of cargo. In the case of de-
lay the complaint must be made at the latest within
twenty-one days from the date on which the checked
baggage or cargo have been placed at the disposition of
the passenger or consignee.
Every complaint must be made in writing upon the
-/
document of transport or by separate notice dispatched
within the periods prescribed in the preceding para-
graph.
Failing complaint within the periods provided in
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The Civil Aviation Law of the People's Republic of China(18)
