Laws of the People's Republic of China

Whole Document INTERIM PROVISIONS CONCERNING COMPENSATION FOR BODILY INJURY OFPASSENGERS IN DOMESTIC AIR TRANSPORT(Adopted at the 31st Executive Meeting of the State Council onJanuary 3, 1989,

promulgated by Decree No. 28 of the State Council of thePeople's Republic of China on February 20, 1989 and become effective as ofMay 1, 1989)

   Article 1These Provisions are formulated for the purpose of defining the civilliability that domestic air carriers shall bear for the bodily injury ofpassengers.Article 2These Provisions shall apply to the compensation for the bodily injury ofpassengers that occur in domestic air passenger transportation.The term "domestic air passenger transportation" referred to in thepreceding paragraph denotes any air passenger transportation in which,according to the contract of carriage, the place of departure, the agreedstops, and the destination are all within the territory of the People'sRepublic of China.Article 3The carriers shall be liable for compensation for death and injurysustained by passengers on board an aircraft or in the course ofembarkation or disembarkation.Article 4The carriers shall not be liable for compensation provided they can provethat death or injury of passengers is caused by force majeure or by thepassengers' own health conditions.Article 5The carriers' liability to pay compensation may be reduced or exemptedprovided they can prove that the death or injury of passengers is causedby the negligence or wilful misconducts on the part of the passengersthemselves.Article 6The maximum amount of compensation shall be 70,000 Renminbi yuan for eachindividual passenger, for which the carriers are liable for compensationas under these Provisions.Article 7Passengers may at their own discretion to cover with an insurance companyan insurance against accidental bodily injury in air transportation. Thepayment of the insurance indemnity, however, shall not exempt or reducethe amount of compensation that the carriers shall be liable for paying.Article 8Compensation paid to foreigners, overseas Chinese, compatriots from HongKong and Macao, and compatriots from Taiwan may be converted into thecurrency of the country or region concerned and the rate of exchange shallbe decided as per the listed rate of exchange officially published by theState Administrative department for control of foreign exchange of thePeople's Republic of China on the day on which the compensation is paid.Article 9In the event that a dispute with respect to the compensation for injuryarises between the passengers or their heir and the carrier, they may filea suit with the people's court.Article 10The Civil Aviation Administration of China shall be responsible for theinterpretation of these Provisions.Article 11These Provisions shall become effective as of May 1, 1989 and theRegulations Concerning Compulsory Insurance Against Accidental Injury forAir Passengers promulgated by the Financial & Economic Commission of theAdministration Council of the People's Republic of China on April 24, 1951shall be nullified simultaneously.