Page:China Civil Aviation Law 1995.pdf/54

 The "period of the transport by air" referred to in this Article means the whole period during which the checked baggage or cargo is in the charge of the carrier, whether in an airport or on board a civil aircraft, or, in the case of a landing outside the airport, in any place whatsoever.

The period of the transport by air does not extend to any transport by land, by sea or by river performed outside an airport; provided that if such transport is used for loading, delivery or transshipment for the performance of a contract of transport by air, any damage took place during such transport is presumed, subject to proof to the contrary, to have been the damage taken place during the period of transport by air.

Article 126 The carrier shall be liable for damage occasioned by delay in the transport by air of passengers, baggage or cargo; provided that the carrier is not liable if he proved that he and his servants or agents have taken all necessary measures to avoid the damage or that is was impossible for him or them to take such measures.

Article 127 In the transport of passengers and baggage, if the carrier proves that the damage was caused by or contributed to by the fault of the claimant, the carrier may be wholly or partly exonerated from his liability in accordance with the extent of the fault that caused or contributed to such damage. — 52 —