Any special agreement that makes the carrier subject to a release from or reduction in the liability to compensate for loss or damage to the life or person of a passenger (excluding the liability to compensate for loss or damage mainly arising from a delay in transportation) is void.
旅客の生命又は身体の侵害による運送人の損害賠償の責任(運送の遅延を主たる原因とするものを除く。)を免除し、又は軽減する特約は、無効とする。
The provisions of the preceding paragraph do not apply in the following cases:
前項の規定は、次に掲げる場合には、適用しない。
if a carrier transports a passenger in the event or likely event of a large-scale fire, earthquake, or other such disaster; or
大規模な火災、震災その他の災害が発生し、又は発生するおそれがある場合において運送を行うとき。
if a carrier transports a passenger whose life or person is likely to be placed in material danger due to the vibrations normally occasioned by transportation or other such circumstances.
運送に伴い通常生ずる振動その他の事情により生命又は身体に重大な危険が及ぶおそれがある者の運送を行うとき。
Read this with the articles around it
carrier
「運送人」
A person whose business is undertaking land, marine or air transportation.
Defined inArticle 569, paragraph (1), item (i)· applies throughout the law
damages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.
void
無効
Having no legal effect from the start. A void act does not take effect even if the parties later confirm it; confirming it knowing it is void counts as making a new act (Civil Code, Article 119). An act against public order or good morals is void (Article 90). Some Acts that protect one side make void a term that takes that protection away: a term of a land lease that is worse for the tenant than the Act on Land and Building Leases' rules on how long the lease lasts and how it is renewed (Article 9), a clause of a consumer contract that frees a business from all liability for damage its failure to perform causes the consumer (Consumer Contract Act, Article 8, paragraph (1), item (i)), or the part of a labor contract that falls short of the Labor Standards Act's standards, which the Act's standard replaces (Labor Standards Act, Article 13).
Written by AI using Civil Code, Arts. 90, 119, Act on Land and Building Leases, Art. 9, Consumer Contract Act, Art. 8 and Labor Standards Act, Art. 13 as a reference.