Contract Law of the People's Republic of China
Author:sipoIssuing Date:2008-01-24 13:28:30Source:sipo
Article 287 Matters not addressed in this Chapter shall apply the relevant provisions on contracts for work.
Chapter 17 Contracts for Transportation
Section 1 General Rules
Article 288 A transportation contract refers to a contract whereby the carrier carries passengers or goods from the starting place of carriage to the agreed destination, and the passenger or the shipper or the consignee pays for the ticket-fare or freight.
Article 289 A carrier engaged in public transportation may not refuse the normal and reasonable carriage request of a passenger or shipper.
Article 290 A carrier shall carry the passenger or goods safely to the agreed destination within the agreed time period or within a reasonable time period.
Article 291 A carrier shall carry the passenger or goods to the agreed destination via the agreed or customary carriage route.
Article 292 A passenger or a shipper or a consignee or a consignee shall pay for the ticket-fare or for the freight. Where a carrier has not taken the agreed route or a customary carriage route, and consequently increased the ticket-fare or the freight, the passenger or the shipper or the consignee may refuse to pay for the increased part of the ticket-fare or the freight.
Section 2 Contracts for Passenger Transportation
Article 293 A passenger transportation contract shall be established at the time when the carrier delivers the ticket to the passenger except as otherwise agreed upon in the contract by the parties or there are other transaction practices.
Article 294 A passenger on board shall hold a valid ticket. A passenger on board without a ticket or exceeds the distance paid for or takes a higher class or higher berth than booked or holds an invalid ticket, shall make up the payment for an appropriate ticket. The carrier may charge an additional payment according to the rules. Where the passenger refuses to make such a payment, the carrier may refuse to undertake the carriage.
Article 295 A passenger unable to embark on the time stated on the ticket due to his/her own fault, shall go through ticket cancellation and refund for malities or ticket modification formalities within the agreed time period. Where the passenger fails to do so within the time period, the carrier may refuse to make the refund and shall no longer assume the obligation of carriage.
Article 296 A passenger shall bring with him/her luggage within the agreed limit of quantity. A passenger takes luggage exceeding the limit shall check in the luggage.
Article 297 A passenger may not bring with him/her or pack in the luggage such dangerous articles as are inflammable, explosive, corrosive or radioactive as well as those that might endanger the safety of life and property on board the transportation vehicle or other contraband articles.
Where a passenger violates the provisions of the preceding paragraph, the carrier may discharge the contraband articles, destroy them or hand them over to relevant departments. Where the passenger insists on bringing or packing in the luggage the contraband articles, the carrier shall refuse the carriage.
Article 298 A carrier shall inform the passengers in time of the important causes with hinders the normal carriage and the matters which shall be noted for purpose of safety carriage.
Article 299 A carrier shall carry passengers in conformity with the time and the carriage schedule stated on the ticket. A carrier delaying the carriage shall arrange the passengers to take other flights or numbers, or refund the tickets as requested by the passengers.
Article 300 A carrier unilaterally changing the carriage vehicle and consequently lowering the standards of service shall refund the ticket or lower the price of the ticket as requested by the passenger. A carrier unilaterally raising the standards of service, shall not charge additional ticket-fare.
Article 301 A carrier shall, during the period of carriage, render whatever help and assistance as it can to a passenger who is seriously ill, or who is giving birth to a child or whose life is at risk.
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