Page:China Civil Aviation Law 1995.pdf/47

 limit of liability.

In international air transport, if the carrier carries the checked baggage without a baggage check having been delivered, or if the baggage check does not include the notice required by sub-paragraph (3) of Article 110 of this Law, the carrier shall not be entitled to avail himself of the provisions of Article 129 of this Law concerning the limit of liability.

Article 113 The carrier has the right to require the shipper to make out an air waybill; a shipper has the right to require the carrier to accept the air waybill. The failure of the shipper to produce the air waybill, or the irregularity or loss of the air waybill shall not affect the existence or validity of the contract of transport.

Article 114 The air waybill shall be made out by the shipper in three original parts and be handed over to the carrier with the cargo.

The first part of the air waybill shall be marked "for the carrier" and shall be signed and sealed by the shipper: the second part shall be marked "for the consignee" and shall be signed and sealed by both the shipper and the carrier; the third part shall be signed and sealed by the carrier and handed by him to the shipper after the cargo has been accepted.

If, at the request of the shipper, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the ship — 45 —