Contract Law of the People's Republic of China
Author:sipoIssuing Date:2008-01-24 13:28:30Source:sipo
Article 302 A carrier shall be liable for damages for the death of or personal injury to passengers during the period of carriage, unless the death or personal injury results from the health conditions of the passenger himself/herself, or the carrier proves that the death or personal injury is caused by the deliberate intention or gross fault of the passenger.
The preceding paragraph shall be applicable to a passenger who is exempted from buying the ticket according to relevant rules, or who is holding a preferential ticket, or who is permitted by the carrier to be on board without a ticket.
Article 303 Where an article that the passenger takes with him/her on board is damaged or destroyed during the period of carriage, the carrier shall be liable for the damage if it has committed fault.
Where a check-in luggage of a passenger is damaged or destroyed, the relevant rules for the carriage of goods shall be applied.
Section 3 Contracts for Goods Transportation
Article 304 A shipper, when handling the formalities for goods carriage, shall precisely indicate to the carrier, the title or name of the consignee or consignee by order, the name, nature, weight, amount and the place for taking delivery of the goods, and other information necessary for goods carriage.
Where a carrier suffers from damage due to untrue declaration or omission of important information by the shipper, the shipper shall be liable for damages.
Article 305 Where such formalities as examination and approval or inspection are required for goods carriage, the shipper shall submit the documents of fulfillment of the relevant formalities to the carrier.
Article 306 A shipper shall pack the goods in the agreed manner. Where there is no agreement in the contract as to the manner of packing or such agreement is unclear, the provisions of Aritcle 156 of this Law shall be applied.
Where a shipper violates the provisions of the preceding paragraph, the carrier may refuse to undertake the carriage.
Article 307 When shipping such dangerous articles as are inflammable, explosive, corrosive or radioactive, a shipper shall appropriately pack the articles in conformity with the rules of the State governing the carriage of dangerous articles, and put on the marks and labels for dangerous articles and submit the written papers relating to the nature and measures of precaution to the carrier.
Where a shipper violates the provisions of the preceding paragraph, the carrier may refuse to undertake the carriage, or take corresponding measures to avoid damage. Expenses thus caused shall be borne by the shipper.
Article 308 Prior to the delivery of goods to the consignee by the carrier, the shipper may request the carrier to suspend the carriage, to return the goods, to alter the destination or to deliver the goods to another consignee. The shipper shall compensate the carrier for losses thus caused.
Article 309 After the goods carriage is completed, if the carrier has the knowledge of the consignee, it shall notify the consignee promptly and the consignee shall claim the goods promptly. Where the consignee claims the goods exceeding the time limit, it shall pay to the carrier for such expenses as storage of the goods, etc.
Article 310 When claiming the goods, a consignee shall inspect the goods within the agreed time limit in the contract. Where there is no agreement in the contract on the time limit or such agreement is unclear, nor can it be determined according to Article 61 of this Law, the consignee shall inspect the goods within a reasonable time limit. The failure of the consignee to make any claims on the amount, damage or losses of the goods within the agreed time limit or within a reasonable time limit, shall be deemed as the preliminary evidence that the carrier has delivered the goods in conformity with the statements indicated on the carriage documents.
Article 311 A carrier shall be liable for damages for the damage to or destruction of goods during the period of carriage unless the carrier proves that the damage to or destruction of goods is caused by force majeure, by inherent natural characters of the goods, by reasonable loss, or by the fault on the part of the shipper or consignee.
Article 312 The amount of damages for the damage to or destruction of the goods shall be the amount as agreed on in the contract by the parties where there is such an agreement. Where there is no such an agreement or such agreement is unclear, nor can it be determined according to the provisions of Article 61 of this Law, the market price at the place where the goods are delivered at the time of delivery or at the time when the goods should be delivered shall be applied. Where the laws or administrative regulation stipulate otherwise on the method of calculation of damages and on the ceiling of the amount of damages, those provisions shall be followed.
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