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中华人民共和国港口间海上旅客运输赔偿责任限额规定 PROVISIONS

2019-01-04 12:45
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(ApprovedbytheStateCouncilonNovember20,1993andpromulgatedbyDecreeNo.6oftheMinistryofCommunicationsonDecember17,1993)颁布日期:19931217实施日期:19940101颁布单位:国务院批准、交通部发布Article1TheseProvision

  (Approved by the State Council on November 20, 1993 and promulgated by Decree No. 6 of the Ministry of Communications on December 17, 1993)

  颁布日期:19931217  实施日期:19940101  颁布单位:国务院批准、 交通部发布

  Article 1 These Provisions are enacted in accordance with Article 117 and Article 211 of “Maritime Code of the People's Republic of China”。

  Article 2 These Provisions shall apply to the carriage of passengers by sea between the ports of the People's Republic of China.

  Article 3 The limitation of liability of the carrier under each carriage of passengers by sea shall be governed by the following:

  (1) For death of or physical injury to the passenger: not exceeding 40000 yuan RMB per passenger;

  (2) For loss of or damage to the passengers' cabin luggage: not exceeding 800 yuan RMB per passenger;

  (3) For loss of or damage to the passengers' vehicles including the luggage carried therein: not exceeding 3200 yuan RMB per vehicle;

  (4) For loss of or damage to the passengers' luggage other than those described in sub-paragraphs (2) and (3) above: not exceeding 20 yuan RMB per kilogram of the luggage.

  A higher limitation of liability than that set out in sub-paragraph (1) above may be agreed upon between the carrier and the passenger in writing.

  Article 4 In respect of claims for loss of life or physical injury to passengers carried by sea, the limitation of liability of the ship owner thereof shall be an amount of 40000 yuan RMB multiplied by the number of passengers which the ship is authorized to carry according to the ship's relevant certificate, but the maximum amount of compensation shall not exceed 21000000 yuan RMB.

  Article 5 The compensation paid to foreigners, overseas Chinese, compatriots from Hongkong, Macao and Taiwan may be converted into the currency of the country or region concerned and the rate of exchange shall be decided as per the listed rate of exchange officially published by foreign exchange control authority of the People's Republic of China on the day on which the compensation is paid.[page]

  Article 6 Ministry of Communications of the People's Republic of China shall be responsible for the interpretation of these Provisions.

  Article 7 These Provisions shall come into force as of January 1, 1994.

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