Article 15 Successive Carriers
Carriage to be performed by several successive air carriers is deemed to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts.
Article 16 Liability for Damage
16.1 General
16.1.1 International Carriage performed by ZH is subject to the rules and limitations relating to liability established by the Convention, unless such carriage is not international carriage to which the Convention applies.
16.1.2 International Carriage performed by ZH is subject to the provisions governing liability of the carrier set out in “The Civil Aviation Law of the People’s Republic of China” and its relevant regulations.
16.2 Liability
1) These Conditions of Carriage govern ZH’s liability to passenger. The Conditions of Carriage of each other Carrier involved in passenger’s journey govern its liability to passenger.
2) ZH is not liable for damage to unchecked baggage or other property unless such damage is caused by the negligence of ZH. If there has been contributory negligence on the part of the passenger, ZH’s liability shall be subject to the applicable law relating to contributory negligence;
3) ZH is not liable for any damage arising from its compliance with any laws or Government regulations, orders or requirements, or from failure of the passenger to comply with the same;
4) International Carriage as defined in the Convention, is subject to the liability rules of the Convention. Where International Carriage is not subject to the liability rules of the Convention, ZH’s liability for any Damage with respect to the carriage of Passengers and Baggage, shall be as set forth in the related International Convention.
5) ZH’s liability shall not exceed the amount of proven damages. ZH shall furthermore not be liable for indirect or consequential damages;
6) ZH is not liable for injury to a passenger or for damage to passenger’s baggage caused by property contained in such passenger’s baggage. Any passenger whose property causes injury to another person or damage to another person’s property or to the property of ZH shall indemnify ZH for all losses and expenses incurred by ZH as a result thereof;
7) ZH is not liable for damage to fragile or perishable items, money, jewellery, precious metals, gold, silverware, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or sample, which are included in the passenger’s checked baggage;
8) If a passenger is carried whose age or mental or physical condition is such as to involve any hazard or risk to himself or herself, ZH shall not be liable for any illness, injury or disability, including death, attributable to such condition or for the aggravation of such condition;
9) Any exclusion or limitation of liability of ZH shall apply to and be for the benefit of agents, employees and representatives of ZH and any person whose aircraft is used by ZH and such person’s agents, employees and representatives. The aggregate amount recoverable from ZH and from such agents, employees, representatives and person shall not exceed the amount of ZH’s limit of liability.
10) Unless so expressly provided nothing herein contained shall waive any exclusion or limitation of liability of ZH under the Convention or applicable laws.
Article 17 Time Limitation on Claims and Actions
17.1 Notice of Claims
No action shall lie in the case of damage to checked baggage unless the person entitled to delivery complaints to ZH forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt; and in the case of delay, unless the complaint is made at the latest within twenty-one (21) days from the date on which the baggage has been placed at his or her disposal. Every complaint must be made in writing and dispatched within the times aforesaid. If no complaint is made within the limited time above, no action shall lie against us.
17.2 Time Limitation of Actions
Any right to damages shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
Article 18 Other Conditions
18.1 Modification and Waiver
ZH has the right to alter, modify or waive any provision of its Conditions of Carriage, regulations, fares and charges in accordance with the procedures of The Civil Aviation Administration of China without notice. The conditions modified do not apply for the carriage undertaken before the modification.
No Agent, employee or representative of ZH has authority to alter, modify or waive any provision of these Conditions of Carriage.
18.2 Validity of Heading
All headings contained herein, including but not limited to Article headings and Paragraph headings, form integral part of these Conditions of Carriage.
18.3 Effective Date
These Conditions shall be come effective as of August 1, 2009
18.4 Right Of Explanation
ZH retains the right to explain these Conditions of Carriage.
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