civil air transport is a service exchange activities between the air carriers and consumers. Air transport as a new transportation category, dating back only a hundred years of history, the performance of the manufacturing process of its products in the circulation process of continuation, product shape is the displacement of an object in space transportation, the use of people through air transport Buy complete its product attributes. Air transport can be divided into domestic transport and international transport, air passenger transport, baggage and cargo and other categories. Air transport contract is the use of civil aircraft carrier air transport passengers or cargo from point of origin to the agreed destination, the passenger, consignor or consignee pays the fare or freight contract. Contract means the parties involved in the main air transport activities, including carriers, passengers, shippers and consignees. Both parties the right to subject the contract, but also the main obligations, rights and obligations are reciprocal. The carrier bears compulsory contracting obligations, security, punctuality transport duties and obligations of reasonable transportation, passenger air transport contract as the other party, the shipper, the consignee shall pay the fare or transport costs to fulfill the basic obligations. Air transport contract in the presence of substantially embodied express air transport vouchers, public air transport conditions in force and combine the three aviation laws and regulations promulgated in the form in order to legally acquire the carrier to fill open air transportation vouchers for aviation transportation preliminary evidence of the contract. There are a lot of air transport isotype terms of format. Carrier as an attempt by the air transport contract terms of the contract carrier''s statutory duty exemption or reduced statutory limit of liability, such provisions are considered invalid law, but does not affect the validity of air transportation contract. The International Air Transport International harmonization of legislation is a general trend, the main symbol is the "Warsaw System" establishment and improvement. Warsaw system is currently restructuring and norms of international civil air transport activities of the most important laws, are the two aspects of the core carrier transportation vouchers and civil liability regime. It provides the definition of international air transport, the unification of the specific provisions relating to the transport of the main issues of international transportation vouchers, transportation, transportation liability and compensation litigation. China''s "Civil Aviation Act" and other domestic legislative process absorb the main content and spirit of the Warsaw system, the responsibility of the system, passenger injuries, damage to baggage, cargo damage strict accountability, responsibility delay the implementation of presumption of fault, but the limits of liability than the Warsaw system and the implementation of the existing low standard carrier, and different domestic transport and international transport applicable limits. Air transport contract as a contract, it was established after the parties reached a consensual contract, and after offer and acceptance procedures approved. Air transport using human use in accordance with the agreed payment on the price of air transport services, air transport carrier to use to furnish transportation vouchers, a contract is formed, and its entry into force will have to go through the legal confirmation process. Completion of a contract to air transport passengers to reach destinations and transported to mark the delivery of the consignment. In the air transport contract fulfillment process can be changed according to the law and the lifting of the contract, its validity is not retroactive to have fulfilled part. Contracting parties also have to fulfill the right of defense and disturbed right of defense.
breach of contract liability of air transport are mainly payment of liquidated damages, compensation for damages, liability approach is the limit. Air transport within the scope of compensation for breach of contract liability is strictly limited to China''s "Contract Law" stipulated in Article 113 of predictability scope is limited to compensation for loss of property on the object. Parties to the contract for breach of contract, causing losses to the other party, to assume liability for breach of contract. Breach of contract parties to the contract air cargo shipper fails to pay the transportation costs shall be liable for breach; shipper of goods in violation of truthful reporting obligations, breach of packaging standards and regulations, resulting in the loss of the carrier or a third party, the shipper shall liable for damages. Consignee does not receive the goods in a timely manner, shall bear the custodial goods according to regulations. The shipper did not pay the freight should pay less pay, or we need to bear the liability. In the air transport field, "Warsaw Convention" on the carrier''s responsibility to take the traditional premise of fault attributable to the responsibility of the principle that the compensation for the damage caused by air transport remains as to whether the carrier is at fault responsible for the conditions, but in particular, when imputation, using the presumption of fault and the burden of proof approach. "Warsaw Convention" clearly defines the carrier''s liability shall be liable three forms: (1) passenger injury or death; (2) baggage, cargo loss, damage; and (3) delays. Due to take place in the civil aircraft or passengers on civil aircraft during the next event, resulting in personal injury or death of passengers, the carrier shall be liable; however, the passenger injury or death is due entirely to health caused by the passenger himself, the carrier is not liable. Of passenger checked baggage, carry-on items or goods during air transport destruction, loss or damage, the carrier shall be liable. The carrier shall be liable for damages caused by delay responsibility "reasonable grounds", does not constitute a delay responsibility, the burden of proof borne by the carrier. Passenger personal injury, destruction of baggage or cargo, loss, damage and loss of the carrier for passengers, baggage or cargo carrier in violation of both the delay caused by the behavior of the air transport contract, the carrier also violated the personal rights of passengers, property act, the presence of competing responsibilities co. Concurrence of tort liability and breach of contract, regardless of who filed a lawsuit on loss of air transport, and regardless of its proceedings in accordance with the air transport contract or tort law proceedings in accordance with, or filed under the Civil Aviation Act or the relevant international conventions litigation, were sued only in accordance with the conditions and limits of liability specified in the Civil Aviation Act. Air transport limitation period of 2 years from the civil aircraft to the destination location, should reach destination or termination of the starting date of transport. E-commerce applications in the air transport field is currently focused on the e-ticket, e-ticket is the performance of air transport electronics contract. Electronic contract is a form of a data message written contract, promise people the information sent by the data offer, using reach into force doctrine, commitment to reach the offeror upon the establishment of the contract immediately, and take effect by the commitment of people to confirm. But the e-ticket at our current legal framework aviation is not "tickets", which entered into procedures and existing legal provisions conflict, be resolved through amendments to the law.
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