Page:China Civil Aviation Law 1995.pdf/62

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

ceeding the legal limits.

Any special agreement under which the contracting carrier concerned assumes obligations not imposed by this Chapter or waives the rights conferred by this Chapter or any special declaration of interest in delivery at destination contemplated in Articles 128 and 129 of this Law, shall not affect the actual carrier unless agreed by him.

Article 140 Any claim to be made or order to be given under the provisions of this Chapter shall have equal effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, orders referred to in Article 119 of this Law shall only be effective if addressed to the contracting carrier.

Article 141 In relation to the transport performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if he proves that he acted within the scope of his employment, be entitled to avail himself of the provisions of Articles 128 and 129 of this Law concerning the limits of liability, unless he acted in a manner which, under the provisions of this Law, prevents the limits of liability from being invoked.

Article 142 In relation to the transport performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the con-

— 60 —