Page:China Civil Aviation Law 1995.pdf/58

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent of the carrier, it is also proved that he was acting within the scope of his employment.

Article 133 an action is brought against a servant or agent of the carrier arising out of damage during air transport, such servant or agent, if it proves that he acted within the scope of his employment, shall be entitled to avail himself of the limits of liability as provided in Articles 128 and 129 of this Law.

The aggregate of the amounts recoverable from the carrier, his servants and agents, in the case provided in the preceding paragraph, shall not exceed the legal limits of liability.

The provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage in air transport resulted from an act or omission of the servant or agent of the carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result.

Article 134 Receipt by the passenger of checked baggage or receipt of cargo by the consignee without complaint shall be prima facie evidence that the same have been delivered in good condition and in accordance with the document of transport. In the case of damage to checked baggage or

— 56 —