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(Adopted and Promulgated by the Second Session of the Ninth National People's
Article 288 Definition of Carriage Contract
A carriage contract is a contract whereby the carrier carries the passenger
or cargo from the place of departure to the prescribed destination, and the
passenger, consignor or consignee pays the fare or freightage.
Article 289 Common Carrier May Not Deny Reasonable
Carriage Requirement
A common carrier may not deny any normal and reasonable carriage requirement
by a passenger or consignor.
Article 290 Obligation of Carrier to Carry in Safe
and Timely Manner
The carrier shall safely carry the passenger or cargo to the prescribed destination
within the prescribed time or within a reasonable time.
Article 291 Obligation of Carrier to Travel by Prescribed
Route
The carrier shall carry the passenger or cargo to the prescribed destination
by the prescribed route or the normal route.
Article 292 Passenger's Remedies in Case of Carrier's
Failure to Travel by Prescribed Route
The passenger, consignor or consignee shall pay the fare or freightage. Where
the carrier failed to carry the passenger or the cargo by the prescribed or
normal route, thereby increasing the fare or freightage, the passenger, consignor
or consignee may refuse to pay any increased portion thereof.
Article 293 Formation of Passenger Carriage Contract
A passenger carriage contract is formed upon the carrier's delivery of the passenger
ticket to the passenger, except otherwise agreed by the parties or provided
by the relevant usage.
Article 294 Carrier's Remedies in Case of Passenger's
Failure to Pay Fare
The passenger shall board the mode of transportation with a valid passenger
ticket. If the passenger boards without a ticket, travels beyond the prescribed
destination, boards a class higher than the prescribed class, or boards with
an expired ticket, he shall pay the fare retroactively, and the carrier may
charge additional fare in accordance with the relevant stipulations. Where the
passenger fails to pay the fare, the carrier may refuse to carry.
Article 295 Passenger's Failure to Board on Time
Where the passenger is unable to board the mode of transportation at the time
prescribed on the passenger ticket due to any reason attributable to himself,
he shall carry out the formality for ticket refund or reschedule within the
prescribed period. Where the passenger delays in carrying out the relevant formality,
the carrier may refuse to refund the fare, and is no longer obligated to carry
such passenger.
Article 296 Carry-on Luggage
In the course of carriage, the passenger's carry-on luggage shall be within
the prescribed limit. Where his luggage exceeds the prescribed limit on carry-on
luggage, the additional luggage shall be checked in.
Article 297 Boarding with Prohibited Item
The passenger may not carry in person, or place in his luggage, any hazardous
material which is flammable, explosive, toxic, corrosive, or radioactive, etc.,
or possibly endangers people or property on board, or an otherwise prohibited
item.
Where the passenger violates the previous paragraph, the carrier may unload,
destroy or turn over to the relevant authority the prohibited item. Where the
passenger insists on carrying in person or placing in his luggage the prohibited
item, the carrier shall refuse to carry.
Article 298 Carrier's Obligation to Inform
The carrier shall timely inform the passenger of any major cause preventing
it from normal carriage, as well as precautions relating to transportation safety.
Article 299 Passenger's Remedies in Case of Delay
The carrier shall carry the passenger according to the time and carrier number
prescribed on the passenger ticket. Where the carrier delays in carriage, it
shall, upon request by the passenger, either reschedule or refund the fare.
Article 300 Passenger's Remedies in Case of Unilateral
Change of Mode of Transportation by Carrier
Where the carrier unilaterally changed the mode of transportation, thereby lowering
the standard of service, it shall, upon request by the passenger, refund or
reduce the fare; where the service standard is enhanced as a result, no additional
fare shall be charged.
Article 301 Carrier's Obligation to Assist Passenger
In the course of carriage, the carrier shall use its best effort to assist any
passenger who has a medical emergency, is in labor or encounters a dangerous
situation.
Article 302 Carrier Liable for Injury of Passenger;
Exceptions
The carrier shall be liable for damages in case of injury or death of the passenger
in the course of carriage, except where such injury or death was attributable
to the passenger's own health, or the carrier has established that such injury
or death was caused by the passenger's intentional misconduct or gross negligence.
The provisions in the previous paragraph apply to a passenger who is exempted
from buying a ticket or holds a discount ticket pursuant to the relevant stipulations,
or who is permitted by the carrier to board without a ticket.
Article 303 Provisions Governing Loss of Passenger's
Luggage
Where the passenger's carry-on luggage was damaged or lost in the course of
carriage, the carrier shall be liable for damages if it was at fault.
Where the passenger's check-in luggage was damaged or lost, the relevant provisions
governing cargo carriage apply.
Article 304 Consignor's Obligation to Inform; Liability
for Misrepresentation
In consigning its cargo, the consignor shall correctly provide the carrier with
the name of the consignee or the consignee to whose order the cargo is deliverable,
as well as any necessary information relating to carriage of the cargo, such
as the name, nature, weight, and quantity of the cargo and the place for taking
delivery thereof.
Where the carrier sustains any loss due to the consignor's provision of false
information or omission of any material information, the consignor shall be
liable for damages.
Article 305 Certain Cargo Carriage Subject to Approval
Where carriage of the cargo is subject to any procedure such as approval or
inspection, etc., the consignor shall submit to the carrier the relevant documents
evidencing completion of such procedure.
Article 306 Packing of Cargo in Prescribed Manner
The consignor shall pack the cargo in the prescribed manner. Where a packing
method was not prescribed or clearly prescribed, Article 156 hereof applies.
Where the consignor violates the previous paragraph, the carrier may refuse
to carry.
Article 307 Carriage of Hazardous Materials
In consigning any hazardous material which is inflammable, explosive, toxic,
corrosive, or radioactive, etc., the consignor shall, in accordance with the
stipulations of the state governing the carriage of hazardous materials, properly
pack the hazardous material and affix thereon applicable signs and labels for
hazardous materials, and shall submit its name and nature as well as related
precautionary measures to the carrier in writing.
If the consignor violates the previous paragraph, the carrier may refuse to
carry, and may also take the appropriate measures to prevent loss at the consignor's
expense.
Article 308 Consignor's Right of Disposal Prior to
Delivery
Prior to carrier's delivery of the cargo to the consignee, the consignor may
require the carrier to suspend the carriage, return the cargo, change the destination
or deliver the cargo to another consignee, provided that it shall indemnify
the carrier for any loss it sustains as a result.
Article 309 Taking Delivery of Cargo by Consignee
Upon arrival of the cargo, if the carrier knows of the consignee, it shall timely
notify the consignee, who shall timely take delivery. Where the consignee delays
in taking delivery, it shall pay expenses such as safekeeping fee, etc. to the
carrier.
Article 310 Inspection by Consignee; Effect of Failure
to Inspect
Upon taking delivery of the cargo, the consignee shall inspect the cargo at
the prescribed time. Where the time for inspection was not prescribed or clearly
prescribed, and cannot be determined in accordance with Article 61 hereof, the
consignee shall inspect the cargo within a reasonable time. The consignee's
failure to raise any objection concerning the quantity of, or any damage to,
the cargo within the prescribed time or within a reasonable time is deemed prima
facie evidence of delivery by the carrier in compliance with the description
in the transportation documents.
Article 311 Carrier Liable for Damage or Loss during
Carriage; Exceptions
The carrier is liable for damages in case of damage to or loss of the cargo
in the course of carriage, provided that it is not liable for damages if it
has established that such damage to or loss of the cargo was caused by force
majeure, the intrinsic characteristics of the cargo, reasonable depletion, or
the fault of the consignor or consignee.
Article 312 Amount of Damages in Case of Loss of Cargo
Where the parties agreed on the amount of damages in case of damage to or loss
of the cargo, the damages payable is the prescribed amount; if the amount of
damages was not prescribed or clearly prescribed, and cannot be determined in
accordance with Article 61 hereof, it shall be calculated based on the prevailing
market price at the destination when the cargo was or should have been delivered.
Where a law or administrative regulation provides otherwise in respect of the
method for calculation of damages and any limitation on damages, such provisions
apply.
Article 313 Liabilities of Joint Carriers Using the
Same Method of Transportation
Where two or more carriers jointly carry the cargo using the same method of
transportation, the carrier contracting with the consignor shall be responsible
for the whole course of carriage. Where the loss occurred at a particular segment,
the carrier contracting with the consignor and the carrier for such segment
are jointly and severally liable.
Article 314 Freightage in Case of Force Majeure
Where the cargo was lost in the course of carriage due to force majeure, if
the freightage has not been collected, the carrier may not require payment thereof;
if the freightage has been collected, the consignor may claim refund.
Article 315 Carrier's Possessory Lien in Case of Non-payment
Where the consignor or consignee fails to pay the freightage, safekeeping fee
and other expenses in connection with the carriage of the cargo, the carrier
is entitled to a possessory lien on the corresponding portion of the cargo,
except otherwise agreed by the parties.
Article 316 Placing Cargo in Escrow
Where the consignee is not known or refuses to take delivery of the cargo without
cause, the carrier may place the cargo in escrow under Article 101 hereof.
Article 317 Rights and Obligations of Multi-modal Carriage
Operator
A multi-modal carriage operator is responsible for performing, or arranging
for performance of, the multi-modal carriage contract, and it enjoys the rights
and assumes the obligations of a carrier throughout the course of carriage.
Article 318 Agreement between Multi-modal Carriage
Operator and Segment Carriers
The multi-modal carriage operator and the segment carriers may prescribe their
respective duties concerning each segment, provided that the obligations of
the multi-modal carriage operator with respect to the entire course of carriage
are not affected by any such agreement.
Article 319 Multi-modal Carriage Document
Upon receipt of the cargo delivered by the consignor, the multi-modal carriage
operator shall issue thereto a multi-modal carriage document. The multi-modal
carriage document may either be assignable or non-assignable as required by
the consignor.
Article 320 Consignor's Liability Notwithstanding Assignment
of Document
Where the multi-modal carriage operator sustains any loss due to the fault of
the consignor in the course of consigning the cargo, the consignor shall be
liable for damages notwithstanding its subsequent assignment of the multi-modal
carriage document.
Article 321 Applicable Law Governing Loss of Cargo
in Multi-modal Carriage
Where damage to or loss of the cargo occurred within a particular segment of
the course of a multi-modal carriage, the multi-modal carriage operator's liability
for damages and any limitation thereon are governed by the applicable transportation
law of the jurisdiction which such segment is under. Where the segment in which
the cargo was damaged or lost cannot be determined, the liability for damages
shall be borne in accordance with this Chapter.
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