Page:China Civil Aviation Law 1995.pdf/53

 Article 125 The carrier shall be liable for the destruction or loss of, or damage to, any carry-on articles of the passenger, if the occurrence took place on board the civil aircraft or in the course of any of the operations of embarking on or disembarking from the civil aircraft of the passenger. The carrier shall be liable for the destruction or loss of, or damage to any checked baggage of the passenger, if the occurrence took place during the transport by air.

The carrier shall not be liable for the destruction or loss of, or damage to, any carry-on articles or checked baggage of the passenger if such destruction or loss or damage resulted solely from the inherent defect, quality or vice of the baggage.

"Baggage" referred to in this Chapter includes both checked baggage and the carry-on articles of the passenger.

The carrier shall be liable for the destruction or loss of, or damage to, any cargo if the occurrence took place during the transport by air: provided that the carrier is not liable if he proves that the destruction or loss of, or damage to, the cargo resulted solely from one or more of the following:

(1) Inherent defect, quality or vice of that cargo;

(2) Defective packing of that cargo performed by a person other than the carrier or his servants or agents;

(3) An act of war or an armed conflict; or

(4) An act of public authority carried out in connection with the entry, exit or transit of the cargo. — 51 —