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paragraph 2 of this Article, the passenger or consignee
shall be deprived of the right to claim compensation
from the carrier, save in the case of fraud on the part of
the carrier.
Article 135 The time for bringing up an action
concerning air transport is limited to two years, reck-
oned from the date of arrival of civil aircraft at the des-
tination, or from the date on which the civil aircraft
ought to have arrived, or from the date on which the
transport stopped.
Article 136 In the case of transport to be per-
formed by various successive carriers, each carrier who
accepts passengers, baggage or cargo shall be subject to
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the provisions of this Law, and shall be deemed to be
one of the contracting parties to the contract of trans-
port in so far as that part of the transport is concerned
which is performed by it in accordance with the con-
tract.
In the case of transport of this nature, the passen-
ger or his successor can take action only against the
carrier who performed the part of transport during
which the accident or the delay occurred, save in the
case where, by express agreement, the first carrier shall
assume liability for the whole journey.
As regards checked baggage or cargo, the passen-
ger or shipper shall have the right of action against the
first carrier, and the passenger or consignee shall have
the right of action against the last carrier, and further,
each may take action against the carrier who performed
the part of transport during which the destruction, loss,
damage, or delay took place. These carriers shall be
jointly and severally liable to the passenger or to the
shipper or consignee.
Section 4 Special Provisions Governing Air
Transport Performed by Actual Carrier
Article 137 uContracting carrier" referred to in
this Section means any person who has concluded a
contract of transport by air subject to the regulations of
this Chapter in his own name with a passenger or a
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shipper, or with the agent of a passenger or of a
shipper.
"Actual carrieru referred to in this Section means
any person to whom the performance of the whole or
part of the transport referred to in the preceding para-
graph has been authorized by the contracting carrier,
and who is not the successive carrier as provided in this
Chapter; in the absence of a proof to the contrary, such
authorization is deemed to be in existence.
Article 138 Both the contracting carrier and the
actual carrier shall, except as otherwise provided in this
Section, be subject to the provisions of this Chapter.
The contracting carrier shall be responsible for the
whole of the transport contemplated in the contract.
The actual carrier shall be responsible for the transport
which he performs.
Article 139 The acts and omissions of an actual
carrier and of his servants and agents acting within the
scope of their employment shall, in relation to the
transport performed by the actual carrier, be deemed to
be also those of the contracting carrier.
The acts and omissions of the contracting carrier
and of his servants and agents acting within the scope
of their employment shall, in relation to the transport
performed by the actual carrier, be deemed to be also
those of the actual carrier. Nevertheless, no such act or
omission shall subject the actual carrier to liability ex-
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ceeding the legal limits.
Any specia! agreement under which the con
tracting carrier concerned assumes obligations not im-
posed by this Chapter or waives the rights conferred by
this Chapter or any special declaration ofinterest in de-
livery at destination contemplated in Articles 128 and
129 of this Law, shall not affect the actual carrier un-
less agreed by him.
Article 140 Any claim to be made or order t,o
be given under the provisions of this Chapter shall have
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The Civil Aviation Law of the People's Republic of China(19)
