Chapter VI
CONTRACT OF CARRIAGE OF PASSENGERS AND LUGGAGE
Article 116
1. A contract of carriage of passengers and luggage is a contract signed between a carrier and a passenger whereby a carrier agrees to carry a passenger by sea-going vessel, in return for passage money to be paid to him by the passenger, from the port of embarkation to the port of destination.
Legal relationship between the carrier and the passenger is governed by such a contract, while the ticket issued to the passenger constitutes evidence of the conclusion of the contract for passage.
2. The passenger is bound to pay the passage money, the freight for his luggage and other service charge to the carrier.
3. Any agreement limiting the rights of the passenger or lessening or relieving the liabilities of the carrier as provided for in the present Code shall be null and void.
4. Where the passage is performed by a sea-going vessel other than a passenger vessel, the carrier has the right to substitute the ticket by another similar voucher.
Article 117
1. The passenger is obliged to observe the command of the master and follow all rules and guidelines on board.
2. The passenger is entitled to the interests in compliance with the classified ticket and not to pay the money for the carriage of his hand baggage within the limit of weight and kind designated by the carrier.
Article 118
1. The carrier is bound to exercise due diligence that the vessel is seaworthy and in every respect fit for the carriage correspondently as provisions laid down in Article 67 of the present Code.
2. The carrier is bound to take due care and to properly protect the passenger together his luggage from the time he has embarked on board upto the time he has safely together with his luggage left the gangway at the port of destination; where during the voyage an extraordinary and unexpected event has occurred, the carrier is liable to absorb the fare necessary to cover the transportation of the passenger from and to the vessel as well as costs of meal, and services for staying on board together with entertainment fees.
Article 119
The carrier is exempted from the occurrence during the voyage that the passenger has been arrested by the competent authorities by way of causes on the latters individual part at the port at which the vessel has called.
Article 120
1. Any person who is on board the vessel without the passenger ticket is bound to pay full passage money for the covered distance and a fine of a correspondent amount.
2. The master may disembark such person or transfer him onto a vessel going to the port at which such person boarded the vessel, the master is bound to give the competent authorities information concerning the name, age, citizenship of that person, the port at which he boarded and concealed himself on the vessel. The person who is on board without the passage ticket is still obliged to comply with the provision set out in item 1 of this Article.
Article 121
1. The carrier is entitled not to refund the collected passage money if the passenger has not been present on board at the fixed time including the period the vessel calls at en-route port during the voyage.
2. Where the passenger has fallen seriously ill that he cannot embark the vessel or die within twenty four hours before the commencement of or during the voyage and where the passenger refuses to continue the voyage on account of causes on part of the carrier, the passenger is entitled to take back the whole or part of passage money corresponding to the remaining distance.
3. In case the vessel is unable to reach the port of destination or fails to reach there within the fixed time by way of causes beyond the carriers responsibilities, the carrier is bound to refund to the passenger the passage money corresponding to the remaining distance of the voyage or to absorb the costs connecting with carrying the passenger back to the embarkment port or port of destination, whichever the latter wishes, by the sea-going vessel or other means of transport if impossible to carry him by the passenger vessel.
Article 122
1. The passenger may rescind the contract and demand the refund of passage money if his cancellation of the trip has been notified to the carrier latest seven days-in international passenger transport; and one day-in domestic passenger transport before the commencement of the voyage.
The carrier is entitled to retain twenty five per cent of passage money if he fails to sell such a ticket to another person.
2. The passenger may rescind the contract and demand the refund of passage money in full where a passenger vessel has not set out the voyage at latest within three days, and any other vessel within seen days, of the schedule date of the commencement of the voyage.
Article 123
1. Where the carriage is to be performed by a vessel other than a passenger vessel, the carrier has the right, before the commencement of the voyage, to rescind the contract of passage and refund passage money to the passenger if the voyage has not materialized without the carriers fault.
2. For the reason as set out in item 1 of this Article the carrier may also during the voyage rescind the contract of passage but he is obliged to comply with the provisions set out in item 3 of Article 121 of the present Code.
Article 124
Where before the commencement of the voyage or during the voyage the cases as set out in item 1 of Article 105 of the present Code occur, either party may rescind the contract without obligation to compensate for damage sustained by other party; the carrier is liable to refund a portion of passage money calculated in proportion to the part of the voyage not made by the passenger.
Article 125
1. The contract of passage is automatically dissolved in the event of the vessel being lost, sunk, destroyed or unfit for repairs or not worth repairing economically.
2. Passage money will be refunded to the passenger as provided for in Article 124 of the present Code.
Article 126
1. The carrier is liable for loss of life or personal injury and damage to health of the passenger which have occurred in the course of carriage if he fails to prove that he himself or his representatives, servants have not had fault in occurrence of the accidents causing the damage by reason of or in connection with collision, shipwreck, destruction, running aground, explosion or fire. Any agreement lessening or relieving this liability of the carrier is invalid.
2. If the carrier proves that the accident has occurred due to the intentional fault or gross negligence on the part of the passenger he is partly lessened in the liability set out in item 1 of this Article.
3. The course of carriage is deemed to be included the period during which the passenger remains on board, including embarking and disembarking as well as the transportation of the passenger by water from land to vessel or vice versa, if the fare for such transportation is included in the price of the total ticket, or if the means of transferring the passenger supplied by the carrier.
Article 127
1. For loss of life or personal injury and damage to health of the passenger, the carrier is liable within the limitation of liability determined by the Council of Ministers or by the international treaties signed, or recognized by Vietnam.
2. The carrier is not entitled to the benefit of this limitation of his liability where the damage has resulted from the personal fault of the carrier or from the fault of his representatives, servants on board when they perform the obligations designated by the carrier.
Article 128
1. The carrier is liable for loss of or damage to the passengers luggage according to the provisions concerning the liability of the carrier for loss of or damage to the cargo determined in Chapter V of the present Code.
2. The carrier is only liable for loss of or damage to the passengers hand baggage which her or his servants on board has knowingly or unintentionally caused or which has occurred by undue care of the carrier when he has received the baggage for custody.
3. In respect of valuables, money, valuable documents, works of arts or other particularly valuable objects, the carrier is liable only where on delivering such for carriage as baggage they have been specifically declared with indication of their characteristics and value to the master or the officer appointed by him for this purpose.
Article 129
1. The carrier, for securing his interests, has a statutory lien on the passengers luggage until when his interests have been settled or otherwise properly secured.
2. The passengers luggage which has not been collected will be solved according to Article 96 of the present Code.
Article 130
1. Any loss of life or personal injury and damage to health of the passenger should be immediately notified to the carrier after it has occurred and the claimant is bound to lodge with the carrier the claim in writing at latest fifteen days of disembarkation.
2. The claim for loss of or damage to the passengers luggage should be lodged with the carrier within seven days from the day on which the luggage has been delivered or should have been delivered.
3. Any claim for compensation for loss of life or personal injury or damage to the health of the passenger is barred after two years from the date when the passenger has disembarked; in the event of a passengers death on board, this period runs from the day on which the passenger should have disembarked.
In the event of a passengers death occurring after completion of the voyage, the claim is barred after three years from the day when the passenger has disembarked.
4. Any claim for compensation of loss of or damage to the passengers luggage is barred after six months from the day when the luggage has been delivered or should have been delivered to the consignee.
Tìm kiếm
Luật hàng hải 1990 (Bản Word)