damage to third parties on the surface shall be subject to a period of limitation of two years from the date of the incident which caused the damage; but in any case such period shall not go beyond a period of three years from the date of the incident which caused the damage.
Article 172 The provisions of this Chapter shall not apply to the following damage:
(1) The damage caused to a civil aircraft in flight, or to persons or cargo on board such aircraft;
(2) The damage which is regulated either by a contract between the person who suffers such damage and the operator or the person entitled to use the civil aircraft at the time the damage occurred, or by the law relating to workman's compensation applicable to a contract of employment between such persons; and
(3) Nuclear damage.
Chapter XIII
Special Provisions Governing Foreign Civil Aircraft
Article 173 The provisions of this Chapter shall be applicable to foreign civil aircraft operated by foreigners and engaged in civil aviation activities in the territory of the People's Republic of China; where no provisions are available in this Chapter, other provi-
