What are the regulations on the liability to compensate for damage to the cargo of passengers caused by the carrier during the carriage by air in Vietnam?
- Do passengers in Vietnam have the right to refuse to take the fight? Shall they be entitled to receive back the fare?
- What are the regulations on the liability to compensate for damage to the cargo of passengers caused by the carrier during the carriage by air in Vietnam?
- What are the instructions for calculating the compensation amount for damage to the cargo of passengers caused by the carrier in Vietnam?
Do passengers in Vietnam have the right to refuse to take the fight? Shall they be entitled to receive back the fare?
Under Article 147 of the Law on Civil Aviation of Vietnam 2006, the rights of passengers are stipulated as follows:
Rights of passengers
1. To be informed in writing of the limits of the carrier's liability for damage sustained in case of death or injury of a passenger, damage to or loss of baggage, and delay.
2. If a passenger cannot be carried due to the carrier's fault, the passenger is entitled to request the carrier to arrange an appropriate journey or refund the unused portion of the fare.
3. In the cases specified in Article 146 of this Law, passengers are entitled to receive back their fare or an amount of money equivalent to the unused portion of the fare after subtraction of a charge and fine as stipulated in the carriage rules.
4. To refuse to take the flight; during the journey the passenger is entitled to refuse to continue taking the flight at any airport, airfield or a place of forced landing, and he/she is entitled to receive back the fare or an amount of money equivalent to the unused portion of the fare after subtraction of a charge and fine as stipulated in the carriage rules.
5. To be exempt from the baggage freight within the minimum limit stipulated in the carriage rules.
6. Children under twelve years of age going by aircraft are entitled to fare exemption or reduction at the level stipulated in the carriage rules.
Children between two and under twelve years of age shall be arranged separate seats; under-two children do not have a separate seat and must be accompanied by adults.
Thus, passengers in Vietnam have the right to refuse to take the flight at their demand. During the journey, the passenger is entitled to refuse to continue taking the flight at any airport, airfield or place of forced landing.
When refusing to take the flight, the passenger is entitled to receive back the fare or an amount of money equivalent to the unused portion of the fare after subtraction of a charge and fine as stipulated in the carriage rules.
What are the regulations on the liability to compensate for damage to the cargo of passengers caused by the carrier during the carriage by air in Vietnam?
Under Article 161 of the Law on Civil Aviation of Vietnam 2006 on compensation for damage to cargo and baggage:
Compensation for damage to cargo and baggage
1. The carrier is liable for damage sustained in the case of loss or lack of, or damage to cargo and checked baggage when the event which caused the loss, lack or damage took place during the period from the time the consignor and passenger deliver the cargo and checked baggage to the carrier to the time the carrier returns the cargo and checked baggage to the entitled recipient; in case of carriage of cargo, this period does not extend to any carriage by sea, land, rail or inland waterway performed outside an airport or airfield.
2. In case of loss or lack of, or damage to, hand baggage, the carrier is liable only if the damage resulted from its fault.
When an amount has been compensated for the cargo or baggage but such cargo or baggage latter arrives at the place of destination, the consignee or passenger is still entitled to receive such cargo and baggage and shall refund the received compensation amount to the carrier.
3. If the cargo has been received by the carrier, any damage shall be regarded as the result of the event which took place during the carriage by air regardless of the actual mode of transport, except for the case the carrier proves that such damage was sustained during the stage of carriage by sea, land, rail or inland waterway. If the carrier, without the consent of the consignor, substitutes carriage by another mode of transport for the whole or part of the carriage by air, the carriage by another mode shall be deemed to be the carriage by air.
4. The carrier shall refund the consignor and the passenger the freight with respect to the quantity of the damaged cargo and checked baggage.
Thus, the carrier is liable for damage sustained in the case of loss or lack of, or damage to cargo when the event which caused the loss, lack or damage took place during the period from the time the consignor and passenger deliver the cargo to the carrier to the time the carrier returns the cargo to the entitled recipient
In case of carriage of cargo, this period does not extend to any carriage by sea, land, rail, or inland waterway performed outside an airport or airfield.
If the cargo has been received by the carrier, any damage shall be regarded as the result of the event which took place during the carriage by air regardless of the actual mode of transport, except for the case the carrier proves that such damage was sustained during the stage of carriage by sea, land, rail or inland waterway.
What are the instructions for calculating the compensation amount for damage to the cargo of passengers caused by the carrier in Vietnam?
Under Article 162 of the Law on Civil Aviation of Vietnam 2006 on compensation amount for damage to cargo and baggage:
Compensation amount for damage to cargo and baggage
1. The compensation amount payable by the carrier for the loss or lack of, or damage to, cargo and baggage is calculated as follows:
a/ As agreed upon by the parties but not in excess of the actual damage value;
b/ Based on the declared value upon receipt of the cargo and checked baggage at the place of destination. When the carrier proves that the declared value is higher than the actual value, the compensation amount shall be calculated based on the actual damage value;
c/ Based on the actual damage value, for cargo and checked baggage whose value is not declared;
d/ Based on the actual damage value, for hand baggage.
2. In case of loss or lack of, or damage to, cargo and checked baggage whose value is not declared and it is impossible to determine the actual damage value, the compensation amount payable by the carrier shall be up to the limits of liability provided for in Article 166 of this Law.
Thus, the compensation amount for damage to the cargo of passengers caused by the carrier in Vietnam is calculated as follows:
- As agreed upon by the parties but not in excess of the actual damage value;
- Based on the declared value upon receipt of the cargo and checked baggage at the place of destination. When the carrier proves that the declared value is higher than the actual value, the compensation amount shall be calculated based on the actual damage value;
- Based on the actual damage value, for cargo and checked baggage whose value is not declared;
- Based on the actual damage value, for hand baggage.
In case of loss or lack of, or damage to cargo whose value is not declared and it is impossible to determine the actual damage value, the compensation amount payable by the carrier shall be up to the limits of liability provided for in Article 166 of this Law.
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