時間：2014-12-21 09:06來源：藍(lán)天飛行翻譯公司 作者：民航翻譯 點(diǎn)擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. 2. The international contract of carriage referred to in paragraph 1 of this Article means a contract of carriage, according to the agreement between the parties, the point of departure and the point of destination are situated either within the territories of two States or within the territory of a single State if there is an agreed stopping place within the territory of another State, whether or not there is a break in the carriage or a transfer. 3. In respect of disputes resulting from the death or injury of passenger, in addition to the provisions of paragraph 1 of this Article, the disputes may be submitted to the court of Viet Nam if the passenger has his or her principal and permanent residence in Viet Nam at the time of accident, provided that: a) The carrier operates services for the carriage of passengers, either on its own aircraft, or on another carrier’s aircraft pursuant to an agreement made between carriers and relating to their joint services for carriage of passengers; b) The carrier uses its principal place of business or another carrier’s place of business pursuant to the agreement in order to operate services for carriage of passenger by air in Viet Nam. 4. The dispute settlement procedures shall be governed by this Law and the laws on civil procedures of Viet Nam. Arbitration 1. Parties to the contract for the carriage of cargo may agree that any disputes arising therefrom shall be settled by arbitration. Such agreement shall be made in writing. 2. With regard to disputes relating to the liability of carrier for damage, the arbitration shall only be conducted in Viet Nam for settling the disputes arose under the terms of paragraphs 1 and 2 of Article 172 of this Law. 3. The provisions of paragraph 2 of this Article shall be deemed to be part of every arbitration clause or agreement. Any terms of such clause or agreement which is inconsistent therewith shall be null and void. Time limit for actions against carrier for liability on compensation The time limit for actions against carrier for liability on compensation with respect to damages caused to the passenger, baggage, cargo shall be two years from date of aircraft arrived at the destination or from the date on which the aircraft ought to have arrived at the place of destination or from the date on which the carriage stopped, whichever comes later. Section 2 COMPENSATION LIABILITIES TO THIRD PARTIES ON THE SURFACE Rights to require compensation liabilities 1. Organizations, persons suffering damages on the surface caused by an aircraft in flight or by any person or objects therein (hereinafter called third parties on the surface) shall be entitled to compensation, if it is proved that those damages were directly caused by the aircraft in flight or by any person or object falling therefrom. 2. For the purpose of this Section, an aircraft is considered to be in flight from the moment when power is applied for the purpose of actual take-off until the moment when its engine shutdown after landing. In case of balloons and similar apparatus, it is considered to be in flight from the moment when it becomes detached from the surface until it becomes again attached thereto. Compulsory insurance for operator's liabilities The operator of an aircraft shall effect compulsory insurance in respect of his liability for damage caused to the third parties on the surface or take other measures of security for his liability up to the limits of liability according to the provisions of Article 180 of this Law. Liability for damage 1. The operator of an aircraft shall be liable for damages caused to third parties on the surface. 2. Any person who unlawfully making use of an aircraft causes damages to the third party on the surface shall be liable for compensation. The person who possesses the aircraft shall be jointly liable with the unlawful user of aircraft causing the damages, unless he proves that he took all necessary measures to prevent such unlawful use. |
