Page:China Civil Aviation Law 1995.pdf/61

 shipper, or with the agent of a passenger or of a shipper.

"Actual carrier" referred to in this Section means any person to whom the performance of the whole or part of the transport referred to in the preceding paragraph has been authorized by the contracting carrier, and who is not the successive carrier as provided in this Chapter: in the absence of a proof to the contrary, such authorization is deemed to be in existence.

Article 138 Both the contracting carrier and the actual carrier shall, except as otherwise provided in this Section, be subject to the provisions of this Chapter. The contracting carrier shall be responsible for the whole of the transport contemplated in the contract. The actual carrier shall be responsible for the transport which he performs.

Article 139 The acts and omissions of an actual carrier and of his servants and agents acting within the scope of their employment shall, in relation to the transport performed by the actual carrier, be deemed to be also those of the contracting carrier.

The acts and omissions of the contracting carrier and of his servants and agents acting within the scope of their employment shall, in relation to the transport performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability — 59 —