Chapter Seventeen: Carriage Contracts
Section One General Provisions
Article 288 Definition of Carriage Contract
A carriage contract is a contract whereby the carrier carries the passenger or cargo from the place of departure to the prescribed destination, and the passenger, consignor or consignee pays the fare or freightage.
Article 289 Common Carrier May Not Deny Reasonable Carriage Requirement
A common carrier may not deny any normal and reasonable carriage requirement by a passenger or consignor.
Article 290 Obligation of Carrier to Carry in Safe and Timely Manner
The carrier shall safely carry the passenger or cargo to the prescribed destination within the prescribed time or within a reasonable time.
Article 291 Obligation of Carrier to Travel by Prescribed Route
The carrier shall carry the passenger or cargo to the prescribed destination by the prescribed route or the normal route.
Article 292 Passenger’s Remedies in Case of Carrier’s Failure to Travel by Prescribed Route
The passenger, consignor or consignee shall pay the fare or freightage. Where the carrier failed to carry the passenger or increasing the fare or freightage, the passenger, consignor or consignee may refuse to pay any increased portion thereof.
Section Two Passenger Carriage Contracts
Article 293 Formation of Passenger Carriage Contract
A passenger carriage contract is formed upon the carrier’s delivery of the passenger ticket to the passenger, except otherwise agreed by the parties or provided by the relevant usage.
Article 294 Carrier’s Remedies in Case of Passenger’s Failure to Pay Fare
The passenger shall board the mode of transportation with a valid passenger ticket. If the passenger boards without a ticket, travels beyond the prescribed destination, boards a class higher than the prescribed class, or boards with an expired ticket, he shall pay the fare retroactively, and the carrier may charge additional fare in accordance with the relevant stipulations. Where the passenger fails to pay the fare, the carrier may refuse to carry.
Article 295 Passenger’s Failure to Board on Time
Where the passenger is unable to board the mode of transportation at the time prescribed on the passenger ticket due to any reason attributable to himself, he shall carry out the formality for ticket refund or reschedule within the prescribed period. Where the passenger delays in carrying out the relevant formality, the carrier may refuse to refund the fare, and is no longer obligated to carry such passenger.
Article 296 Carry-on Luggage
In the course of carriage, the passenger’s carry-on luggage shall be within the prescribed limit. Where his luggage exceeds the prescribed limit on carry-on luggage, the additional luggage shall be chec