時(shí)間：2014-12-21 09:06來(lái)源：藍(lán)天飛行翻譯公司 作者：民航翻譯 點(diǎn)擊：次
|
To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. 6. If necessary, the Government shall decide to increase the limits of liability for damage specified in paragraph 1 of this Article. Agreement on the limits of liability for damage 1. Any agreement by the carrier with the passenger, the consignor and consignee on exoneration of the limits of liability referred to in paragraph 1 of Article 166 shall be null and void. 2. The carrier may come to an agreement with the passenger, the consignor and consignee on limits of liability higher than those referred to in Article 166 of this Law. Compensation for carrier The passenger, consignor and consignee shall indemnify the carrier against the damage caused to him or to the third party to whom the carrier is liable for damage. Advance payments 1. In the case the aircraft accident resulting in death or injury to passenger, the carrier shall make advance payments without delay to the passenger or persons who are entitled to claim compensation. Such advance payments shall be decided by the carrier and be recorded in the conditions of carriage. 2. The advance payments referred to in paragraph 1 of this Article shall not be deemed to be an evidence of the liability of the carrier and shall be included in the compensation amount the carrier is to pay. Claims and actions against the carrier 1. Passenger, consignor and consignee or their delegated representative shall have the right to make a claim and take actions against the carrier in order to protect their legitimate rights and interests. 2. Before taking actions for destruction, loss, damage or delay of cargo, checked baggage, persons who are entitled to make a claim and bring lawsuit as referred to in paragraph 1 of this Article shall make a claim in writing to the carrier in the following period: a) Seven days from the date the baggage has been received in the case of destruction, loss or damage to baggage. b) Fourteen days from the date the cargo has been received in the case of inadequacy of or damage to cargo; twenty-one days from the date the cargo has been delivered in the case of loss of cargo. c) Twenty-one days from the date the person entitled to delivery has received the checked baggage or cargo in the case of delay in carriage. 3. The carrier shall notify the claimant whether the claim is accepted or not within a period of thirty days from the date the carrier has received the claim. If the claim is not accepted or no reply has been received within the above period, the claimant shall be entitled to take an action against the carrier. 4. All actions on liability of the carrier for damages caused shall be conducted in accordance with conditions and limits of liability provided for in this Law. 5. If no claim is made within the period specified in paragraph 2 of this Article, no action shall lie against the carrier, save in the case of fraud on its part or proper reasons given by the claimant. Rights of servants and agents of the carrier when they are claimed 1. In the case servants or agents of the carrier are claimed for compensation, they shall be entitled to limits of liability of the carrier in accordance with the provisions of Section 1 of this Law if such servants or agents were acting within the scope of their employment. 2. The total sum of compensation paid by the carrier, its servants or agents shall not exceed the limits of liability specified in this Law. Competence of Vietnamese court over international air transportation disputes 1. The disputes arising out of international contract of carriage of passengers, baggage, cargo, at the option of the plaintiff, may be submitted to the Court of Viet Nam in the following cases: a) The carrier has its principal office or its principal place of business in Viet Nam; b) The carrier has its place of business and the contract of carriage has been concluded in Viet Nam; c) Viet Nam is the point of destination. |
