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Shenzhen civil aviaton carries limitation of liability to pay compensation
From;    Author:Stand originally
In aviation carriage process, happen to the passenger dies or get hurt, the baggage that make use, goods is broken because of destroying, lack, degenerative, pollution, attaint causes a loss, carrier lawfully the ceiling of the liability to pay compensation that place ought to assume. Carry in domestic aviation in, set processing according to internal law; Carry in international aviation in, the international convention that attends by the country commonly sets processing.



By the State Council the 28th order released 1989 " of short duration of damages of body of domestic aviation carriage passenger sets all right " , the passenger is inside aerostat or die in fluctuation aerostat process or get hurt, carrier ought to assume compensate to taste responsibility, it is a RMB to the highest indemnity of every passenger 70 thousand yuan. Outward compatriots, overseas Chinese, Chinese in HongKong and Macow and Taiwan brethren give paid compensation, can convert the money of this foreign country or area, the foreign exchange rate that its exchange rate gives branch of exchange control of state of People's Republic of China of Fu Zhi day to announce by compensation is firm. But, if carrier can prove what healthy state causes to the passenger dies or getting hurt is force majeure or him passenger, do not assume liability to pay compensation; If carrier can prove the passenger dies or getting hurt is by him passenger error or voluntary action cause, can be reduced or absolve its liability to pay compensation.



The passenger hands in moving Li Rufa to be born destroy break or damage, aviation transportation enterprises ought to bureau of civil aviation of according to China released 1993 " passenger notice (home is carried) " , every kilograms of indemnity does not exceed a RMB 40 yuan, by make carry weight calculation actually.



In carriage process of domestic goods aviation, because carrier responsibility causes goods to destroy,break, lack, of degenerative, pollution, attaint, announced 1996 according to bureau of Chinese civil aviation " goods home carries regulation " , one, goods did not deal with statement value, carrier is compensated for according to actual losing value, carry compensatory ceiling to be gross weight every kilograms of RMB 20 yuan. 2, the goods that already handled goods statement value to carrier, press the value compensation of statement; When the real value of the goods of statement value prep above that proves a consignor like carrier, press actual loss compensation.



The process is carried in aviation of international passenger, goods in, produce what damage to passenger body, according to 1933 of become effective " the convention that unites international aviation to carry certain regulation " (" Warsaw convention " ) with 1963 of become effective " the protocol that revises the joint pledge that the unified international aviation in Hua Qianting carried certain regulation on October 12, 1929 " , the responsibility that carrier bears to each passenger place with in the limit of of 250 thousand franc. When if the basis gets the law that tells a court,usable installment plan recoups a loss, the capital total value that pays must not exceed 250 thousand franc. But the passenger must agree with special bond with carrier a taller liability limit. When the baggage that registers in carry and carry goods, the responsibility of carrier with in the limit of of every kilograms of 250 franc, unless passenger or consignor are when the parcel post that make use, ceng Te does not state the interest when destination consign and capture pays necessary surtax. After a kind of circumstance falls, unless carrier proves passenger or the amount that consign person statement are prep above passenger or consignor,be in the actual profit when destination consign, carrier should lose liability to pay compensation inside the range that does not exceed statement amount. About the thing of in charge of of passenger proper motion, the responsibility of carrier is right each passenger with 5000 franc in the limit of. Above liability limit does not include legal fee and legal cost. The court is OK according to law, add sentence one part or entire legislation fee and legal cost. If the court is sentenced,give do not include the indemnity inside legal cost and other charge wood, do not exceed carrier to face the indemnity that sues a person to put forward to agree to assume with the book beforehand, criterion the court cannot be added again sentence legal fee and legal cost. Afore-mentioned says franc, it is the Monetary Unit that wipes the 65.5 milligram gold that contains 0 the percentage of gold or silver in a coin of 900 % . This franc amount is OK amount to is any national currencies, take its integer.
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