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新浪博客
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R’S PRESENTATIONS 第四章 承运方代表
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第十一章
Main Agreement主协议
Article 1PROVISION OF SERVICES 第一章 提供服务
1.1
The services will be made available within the limits of possibilities of the Handling Company and in accordance with the applicable IATA and/or ICAO and/or other governing rules, regulations and procedures.
协议中服务的提供应以代理人所能提供服务的能力范围为限，并且符合IATA和/或ICAO或其它有关当局的相关规定、规章和程序。
It is not considered necessary or possible to specify every detail of the services it being generally understood what such services comprise and the standards to be attained in their performance.
在本协议中无可能也无此必要对服务的每个细节进行描述，双方在协议履行中对服务内容和标准都应存在共识。
1.2
Documents used for ground handling will be the Handling Company’s own documents, where applicable, provided these documents comply with standardized formats that may apply under IATA and/or ICAO and/or other governing rules, regulations and procedures.
在可能的情况下，地面代理人应使用自己的文件、票证为承运人提供代理服务，并且这些文件应符合IATA和/或ICAO或其它有关规定、规章和程序中所描述的标准格式。
1.3
The Handling Company agrees to provide for the Carrier’s Aircraft for flights operating on an agreed schedule at the location(s) mentioned in the Annex(es) B, those services of Annex A as are listed in the Annex B for the respective locations.
代理人同意向承运方的飞机在附件B中所列出的地点就在协议班期内执行的航班提供服务，附件A中的相关服务内容应在包含上述服务地点的附件B中予以列明。承运人相应地应向代理人尽快地通报任何有关航班时刻、班期或飞机机型等变化的信息。
1.4
The Handling Company will also provide the services to the Carrier’s Aircraft for flights in addition to the agreed schedule at the same locations, provided that reasonable prior notice is given and the provision of such additional services will not prejudice commitments already under-taken.
如果在适当的时候得到提前通知，且服务条款不违反双方先前协议的规定时，代理方可在相同服务地点为承运方的非定期航班提供协议中所规定的服务。
1.5
In case of multiple handling, priority shall, as far as possible, be given to aircraft operating on schedule.
在同时代理多个航班的情况下，代理方应优先为在规定时刻内运营的飞机提供服务。
1.6
In case of emergency, including but not limited to , forced landings, accidents or acts of violence, the Handling Company shall without delay and without waiting for instructions from the Carrier take all reasonable and possible measures to assist passengers and crew and to safeguard and protect from loss or damage baggage, cargo and mail carried in the aircraft.
当发生如迫降、失事或其它暴力行为时，代理方无需等待承运方的指示，应立即采取一切有效措施协助旅客、机组并保障所承运的行李、货物、邮件的安全以避免损失或损害。
The Carrier shall reimburse the Handling Company at cost for any extra expenses incurred in rendering such assistance.
代理方在实施上述紧急援救中所发生的一切费用应由承运方向代理方偿还。
1.7
As far as possible, the Handling Company will, upon request, provide to the Carrier any additional services. Such services may be governed by special conditions to be agreed between the Parties.
在可能的情况下，代理方应根据承运方的要求提供相关的额外服务，这部分服务可按双方商定的特别条款执行。
1.8
In case of occasional flights of the Carrier’s Aircraft at locations which are not designated in the present Agreement, where the Handling Company maintains a ground handling organization, the Handling Company shall, on request, make every effort, subject to the means locally available, to furnish necessary services.
当承运方的飞机偶尔停靠于非协议制定的服务地点，而代理方在该地机场拥有地面代理的相关机构时，代理方应根据承运方的要求和当地实际情况，尽力为承运方的飞机提供必要的服务协助。
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2.1
2.2
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3.1
3.2
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4.1
4.2
The Supervisor shall have the same authority as defined above in Sub-Article 4.1 for the Carrier’s own representative.
监督人享有与本协议第四章中条款4.1规定的承运人自己代表的同等权力。
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5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
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6.1
6.2
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7.1
7.2
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(a)
此处所指“承运方”或“代理方”应包括其雇员、代理人和分包人；
(b)
“地面保障设备”应指附件A中所指的所有用于地面服务当中的设备，(无论是固定的或是可移动的)。
(c)
8.1
(a)
承运人载运或将载运的乘客延误、受伤或死亡；及
(b)
(c)
承运人载运或将载运的行李、货物或邮件破损、延误或遗失；
(d)
由承运人或代表承运人拥有或经营的财产损失或遗失和随之发生的损坏或遗失；
arising from an act or omission of the Handling company in the performance of this Agreement unless done with intent to cause damage, death, delay, injury or loss or recklessly and with the knowledge that damage, death, delay, injury or loss would probably result.
承运人不得向代理人提出索赔，并应偿付下述情况下的法律索赔和诉讼费以及其它相关费用与开支，但由于代理人的故意行为或过失或明知可能导致破损、死亡、延误、伤害除外。
Provided that all claims or suits arising hereunder shall be dealt with by the Carrier; and
如下述情况产生索赔或诉讼应由承运人办理；且
Provided also that the Handling Company shall notify the Carrier of any claims or suits without undue delay and shall furnish such assistance as the Carrier may reasonably require.
代理人应及时告之承运人索赔事件和诉讼案例，并且若承运人提出合理要求，代理人应给予协助。
Provided also that where any of the services performed by the Handling Company hereunder relate to the carriage by the Carrier of passengers, baggage or cargo direct to or from a place in the United States of America the Warsaw Convention would have applied if any such act or omission had been committed by the Carrier but are held by a Court not be applicable to such act or omission committed by the Handling Company in performing this Agreement then upon such decision of the Court the indemnity of the Carrier to the Handling Company hereunder shall be limited to an amount not exceeding the amount for which the Carrier would have been liable if it had committed such act or omission.
代理人所提供的服务涉及承运人从美国承运亦或是承运至美国的旅客、行李或货物出境，承运人的过失行为按《华沙公约》第22条规定的责任赔偿限制符合其赔偿限制，但某些法庭判定代理人在履行本合同过程中的过失行为不符合其责任赔偿限制时，承运人所承担的向代理人赔偿限制的总量就不应该超出承运人因其失误行为而导致的责任赔偿限制的总量。
8.2
8.3
8.4
(a)
代理人的雇员、服务员、代理人或分包商受伤或死亡；以及
(b)
由代理人或代表代理人拥有或经营的财产损失或遗失和随之发生的损坏或遗失；
arising from an act or omission of the Carrier in the performance of this Agreement unless done with intent to cause damage, death, delay, injury or loss or recklessly and with knowledge that damage, death, delay, injury or loss would probably result.
代理人不得向承运人提出索赔并偿付上述情况下的法律索赔和诉讼费及上述情况的费用与开支；但承运人的故意行为或过失或明知可能导致破损、死亡、受伤或丢失者除外。
8.5
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9.1
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10.1 All stamp duties and registration fees in connection with this Agreement, which may be prescribed under the national law of either Party to this Agreement, are payable by that Party.
10.2 All stamp duties and registration fees in connection with this Agreement, which may be prescribed under the national law of the location(s), as mentioned in the Annex(es) B and not being a location situated in the country of either Party to this Agreement will be shared equally between the Parties.
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第十一章
11.1 This Agreement shall be effective from … .
11.2 Modification of, or addition s to this Agreement shall be recorded in Annex(es) B.
11.3 Any notice referred to under this Article 11 given by one Party under this Agreement shall be deemed properly given if sent by registered letter, or by other means where proof of receipt or acknowledgement is obtained, to the respective office of the other Party as recorded in the Annex(es) B.
11.4 This Main Agreement shall continue in force until terminated by either Party giving sixty days prior notice to the other Party.
11.5 Termination by either Party of all or any part of the services to be furnished at a specific location requires sixty days prior notice to the other Party.
11.6 Any Annex(es)B to this Agreement exceeding a defined period of validity, shall continue in effect until terminated by either party providing sixty days prior notice to the other Party.
11.7 In the event of the Carrier’s or the Handling Company’s permit(s) or other authorization(s) to conduct its air transportation services, or to furnish the services provided for in the Annex(es) B, wholly or in part, being revoked, cancelled, or suspended, that Party shall notify the Party without delay and either Party may terminate the Agreement or the relevant Annex(es) B at the effective date of such revocation, cancellation or suspension by giving to the other Party notice thereof within twenty-four hours after such event.
11.8 Either Party may terminate this Agreement and its Annexes at any time if the other Party becomes insolvent, makes a general assignment for the benefit of creditors, or commits an act of bankruptcy or if a petition in bankruptcy or for its reorganization or the readjustment of its indebtedness be filed by or against it, provided the petition is found justified by the appropriate authority, or if a receiver, trustee or liquidator of all or substantially all of its property be appointed or applied for.
11.9 Both Parties shall be exempt from obligation if prompt notification is given by either party in respect of any failure to perform its obligations under this Agreement arising from any of the following causes:
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11.10 In the event of the Agreement or part thereof being terminated by notice or other wise, such termination shall be without prejudice to the accrued rights and liabilities of either Party prior to termination.
11.11 The Handling Company shall have the right at any time to vary the charges set out in the Annex(es) B provided, however, that the Handling Company has given notice in writing to the Carrier not less than thirty days prior to the revised charges becoming effective.
11.12 Notwithstanding the Article 11.11, when changes occur in the schedule, and/or frequencies and/or types of aircraft, other than those set out in Annex(es)B, which affect the handling costs, either Party shall have the right to request an adjustment to the handling charges as from the date of the change provided that the Party concerned does inform the other Party within thirty days of the change.
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第十一章
Main Agreement主协议
Article 1PROVISION OF SERVICES 第一章 提供服务
1.1
The services will be made available within the limits of possibilities of the Handling Company and in accordance with the applicable IATA and/or ICAO and/or other governing rules, regulations and procedures.
协议中服务的提供应以代理人所能提供服务的能力范围为限，并且符合IATA和/或ICAO或其它有关当局的相关规定、规章和程序。
It is not considered necessary or possible to specify every detail of the services it being generally understood what such services comprise and the standards to be attained in their performance.
在本协议中无可能也无此必要对服务的每个细节进行描述，双方在协议履行中对服务内容和标准都应存在共识。
1.2
Documents used for ground handling will be the Handling Company’s own documents, where applicable, provided these documents comply with standardized formats that may apply under IATA and/or ICAO and/or other governing rules, regulations and procedures.
在可能的情况下，地面代理人应使用自己的文件、票证为承运人提供代理服务，并且这些文件应符合IATA和/或ICAO或其它有关规定、规章和程序中所描述的标准格式。
1.3
The Handling Company agrees to provide for the Carrier’s Aircraft for flights operating on an agreed schedule at the location(s) mentioned in the Annex(es) B, those services of Annex A as are listed in the Annex B for the respective locations.
代理人同意向承运方的飞机在附件B中所列出的地点就在协议班期内执行的航班提供服务，附件A中的相关服务内容应在包含上述服务地点的附件B中予以列明。承运人相应地应向代理人尽快地通报任何有关航班时刻、班期或飞机机型等变化的信息。
1.4
The Handling Company will also provide the services to the Carrier’s Aircraft for flights in addition to the agreed schedule at the same locations, provided that reasonable prior notice is given and the provision of such additional services will not prejudice commitments already under-taken.
如果在适当的时候得到提前通知，且服务条款不违反双方先前协议的规定时，代理方可在相同服务地点为承运方的非定期航班提供协议中所规定的服务。
1.5
In case of multiple handling, priority shall, as far as possible, be given to aircraft operating on schedule.
在同时代理多个航班的情况下，代理方应优先为在规定时刻内运营的飞机提供服务。
1.6
In case of emergency, including but not limited to , forced landings, accidents or acts of violence, the Handling Company shall without delay and without waiting for instructions from the Carrier take all reasonable and possible measures to assist passengers and crew and to safeguard and protect from loss or damage baggage, cargo and mail carried in the aircraft.
当发生如迫降、失事或其它暴力行为时，代理方无需等待承运方的指示，应立即采取一切有效措施协助旅客、机组并保障所承运的行李、货物、邮件的安全以避免损失或损害。
The Carrier shall reimburse the Handling Company at cost for any extra expenses incurred in rendering such assistance.
代理方在实施上述紧急援救中所发生的一切费用应由承运方向代理方偿还。
1.7
As far as possible, the Handling Company will, upon request, provide to the Carrier any additional services. Such services may be governed by special conditions to be agreed between the Parties.
在可能的情况下，代理方应根据承运方的要求提供相关的额外服务，这部分服务可按双方商定的特别条款执行。
1.8
In case of occasional flights of the Carrier’s Aircraft at locations which are not designated in the present Agreement, where the Handling Company maintains a ground handling organization, the Handling Company shall, on request, make every effort, subject to the means locally available, to furnish necessary services.
当承运方的飞机偶尔停靠于非协议制定的服务地点，而代理方在该地机场拥有地面代理的相关机构时，代理方应根据承运方的要求和当地实际情况，尽力为承运方的飞机提供必要的服务协助。
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2.1
2.2
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3.1
3.2
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4.1
4.2
The Supervisor shall have the same authority as defined above in Sub-Article 4.1 for the Carrier’s own representative.
监督人享有与本协议第四章中条款4.1规定的承运人自己代表的同等权力。
Article
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
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6.1
6.2
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7.1
7.2
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(a)
此处所指“承运方”或“代理方”应包括其雇员、代理人和分包人；
(b)
“地面保障设备”应指附件A中所指的所有用于地面服务当中的设备，(无论是固定的或是可移动的)。
(c)
8.1
(a)
承运人载运或将载运的乘客延误、受伤或死亡；及
(b)
(c)
承运人载运或将载运的行李、货物或邮件破损、延误或遗失；
(d)
由承运人或代表承运人拥有或经营的财产损失或遗失和随之发生的损坏或遗失；
arising from an act or omission of the Handling company in the performance of this Agreement unless done with intent to cause damage, death, delay, injury or loss or recklessly and with the knowledge that damage, death, delay, injury or loss would probably result.
承运人不得向代理人提出索赔，并应偿付下述情况下的法律索赔和诉讼费以及其它相关费用与开支，但由于代理人的故意行为或过失或明知可能导致破损、死亡、延误、伤害除外。
Provided that all claims or suits arising hereunder shall be dealt with by the Carrier; and
如下述情况产生索赔或诉讼应由承运人办理；且
Provided also that the Handling Company shall notify the Carrier of any claims or suits without undue delay and shall furnish such assistance as the Carrier may reasonably require.
代理人应及时告之承运人索赔事件和诉讼案例，并且若承运人提出合理要求，代理人应给予协助。
Provided also that where any of the services performed by the Handling Company hereunder relate to the carriage by the Carrier of passengers, baggage or cargo direct to or from a place in the United States of America the Warsaw Convention would have applied if any such act or omission had been committed by the Carrier but are held by a Court not be applicable to such act or omission committed by the Handling Company in performing this Agreement then upon such decision of the Court the indemnity of the Carrier to the Handling Company hereunder shall be limited to an amount not exceeding the amount for which the Carrier would have been liable if it had committed such act or omission.
代理人所提供的服务涉及承运人从美国承运亦或是承运至美国的旅客、行李或货物出境，承运人的过失行为按《华沙公约》第22条规定的责任赔偿限制符合其赔偿限制，但某些法庭判定代理人在履行本合同过程中的过失行为不符合其责任赔偿限制时，承运人所承担的向代理人赔偿限制的总量就不应该超出承运人因其失误行为而导致的责任赔偿限制的总量。
8.2
8.3
8.4
(a)
代理人的雇员、服务员、代理人或分包商受伤或死亡；以及
(b)
由代理人或代表代理人拥有或经营的财产损失或遗失和随之发生的损坏或遗失；
arising from an act or omission of the Carrier in the performance of this Agreement unless done with intent to cause damage, death, delay, injury or loss or recklessly and with knowledge that damage, death, delay, injury or loss would probably result.
代理人不得向承运人提出索赔并偿付上述情况下的法律索赔和诉讼费及上述情况的费用与开支；但承运人的故意行为或过失或明知可能导致破损、死亡、受伤或丢失者除外。
8.5
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9.1
Article
10.1 All stamp duties and registration fees in connection with this Agreement, which may be prescribed under the national law of either Party to this Agreement, are payable by that Party.
10.2 All stamp duties and registration fees in connection with this Agreement, which may be prescribed under the national law of the location(s), as mentioned in the Annex(es) B and not being a location situated in the country of either Party to this Agreement will be shared equally between the Parties.
Article
第十一章
11.1 This Agreement shall be effective from … .
11.2 Modification of, or addition s to this Agreement shall be recorded in Annex(es) B.
11.3 Any notice referred to under this Article 11 given by one Party under this Agreement shall be deemed properly given if sent by registered letter, or by other means where proof of receipt or acknowledgement is obtained, to the respective office of the other Party as recorded in the Annex(es) B.
11.4 This Main Agreement shall continue in force until terminated by either Party giving sixty days prior notice to the other Party.
11.5 Termination by either Party of all or any part of the services to be furnished at a specific location requires sixty days prior notice to the other Party.
11.6 Any Annex(es)B to this Agreement exceeding a defined period of validity, shall continue in effect until terminated by either party providing sixty days prior notice to the other Party.
11.7 In the event of the Carrier’s or the Handling Company’s permit(s) or other authorization(s) to conduct its air transportation services, or to furnish the services provided for in the Annex(es) B, wholly or in part, being revoked, cancelled, or suspended, that Party shall notify the Party without delay and either Party may terminate the Agreement or the relevant Annex(es) B at the effective date of such revocation, cancellation or suspension by giving to the other Party notice thereof within twenty-four hours after such event.
11.8 Either Party may terminate this Agreement and its Annexes at any time if the other Party becomes insolvent, makes a general assignment for the benefit of creditors, or commits an act of bankruptcy or if a petition in bankruptcy or for its reorganization or the readjustment of its indebtedness be filed by or against it, provided the petition is found justified by the appropriate authority, or if a receiver, trustee or liquidator of all or substantially all of its property be appointed or applied for.
11.9 Both Parties shall be exempt from obligation if prompt notification is given by either party in respect of any failure to perform its obligations under this Agreement arising from any of the following causes:
-
-
-
-
11.10 In the event of the Agreement or part thereof being terminated by notice or other wise, such termination shall be without prejudice to the accrued rights and liabilities of either Party prior to termination.
11.11 The Handling Company shall have the right at any time to vary the charges set out in the Annex(es) B provided, however, that the Handling Company has given notice in writing to the Carrier not less than thirty days prior to the revised charges becoming effective.
11.12 Notwithstanding the Article 11.11, when changes occur in the schedule, and/or frequencies and/or types of aircraft, other than those set out in Annex(es)B, which affect the handling costs, either Party shall have the right to request an adjustment to the handling charges as from the date of the change provided that the Party concerned does inform the other Party within thirty days of the change.