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1、精品文档 中华人民共和国海商法（二） Article 107 A contract of carriage of passengers by sea is a contract whereby the carrier undertakes to carry passengers and their luggage by sea from one port to another by ships suitable for that purpose against payment of fare by the passengers. Article 108 For the purposes of
2、this Chapter： （1） Carrier means the person by whom or in whose name a contract of carriage of passengers by sea has been entered into with the passengers； （2） Actual carrier means the person by whom the whole or part of the carriage of passengers has been performed as entrusted by the carrier， inclu
3、ding those engaged in such carriage under a subcontract. （3） Passenger means a person carried under a contract of carriage of passengers by sea. With the consent of the carrier， a person supervising the carriage of goods aboard a ship covered by a contract of carriage of goods is regarded as a passe
4、nger； （4） Luggage means any article or vehicle shipped by the carrier under the contract of carriage of passengers by sea， with the exception of live animals. （5） Cabin luggage means the luggage which the passenger has in his cabin or is otherwise in his possession， custody or control. Article 109 T
5、he provisions regarding the responsibilities of the carrier as contained in this Chapter shall be applicable to the actual carrier， and the provisions regarding the responsibilities of the servant or agent of the carrier as contained in this Chapter shall be applicable to the servant or agent of the
6、 actual carrier. Article 110 The passage ticket serves as an evidence that a contract of carriage of passengers by sea has been entered into. Article 111 The period of carriage for the carriage of passengers by sea commences from the time of embarkation of the passengers and terminates at the time o
7、f their disembarkation， including the period during which the passengers are transported by water from land to the ship or vice versa， if such cost of transport is included in the fare. However， the period of carriage does not include the time when the passengers are at a marine terminal or station
8、or on a quay or in or on any other port installations. The period of carriage for the cabin luggage of the passengers shall be the same as that stipulated in the preceding paragraph. The period of carriage for luggage other than the cabin luggage commences from the time when the carrier or his serva
9、nt or agent receives it into his charge and terminates at the time when the carrier or his servant or agent redelivers it to the passengers. Article 112 A passenger travelling without a ticket or taking a higher class berth than booked or going beyond the distance paid for shall pay for the fare or
10、the excess fare as required by relevant regulations， and the carrier may， according to the relevant regulations， charge additional fare. Should any passenger refuse to pay， the Master is entitled to order him to disembark at a suitable place and the carrier has the right of recourse against him. Art
11、icle 113 No passenger may take on board or pack in their luggage contraband goods or any article of an inflammable， explosive， poisonous， corrosive or radioactive nature or other dangerous goods that would endanger the safety of life and property on board. The carrier may have the contraband or dang
12、erous goods brought on board by the passenger or packed in his luggage in breach of the provisions of the preceding paragraph discharged， destroyed or rendered innocuous at any time and at any place or sent over to the appropriate authorities， without being liable for compensation. The passenger sha
13、ll be liable for compensation if any loss or damage occurs as a result of his breach of the provisions of paragraph 1 of this Article. Article 114 During the period of carriage of the passengers and their luggage as provided for in Article 111 of this Code， the carrier shall be liable for the death
14、of or personal injury to passengers or the loss of or damage to their luggage resulting from accidents caused by the fault of the carrier or his servant or agent committed within the scope of his employment or agency. The claimant shall bear the burden of proof regarding the fault of the carrier or
15、his servant or agent， with the exception， however， of the circumstances specified in paragraphs 3 and 4 of this Article. If the death of or personal injury to the passengers or loss of or damage to the passengers cabin luggage occurred as a result of shipwreck， collision， stranding， explosion， fire
16、or the defect of the ship， it shall be presumed that the carrier or his servant or agent has committed a fault， unless proof to the contrary has been given by the carrier or his servant or agent. As to any loss of or damage to the luggage other than the passengers cabin luggage， unless the carrier or his servant or agent proves to the contrary， it shall be presumed that the carrier or his servant or agent has committed a fault， no matter how the loss or
