Supplementary Provisions, Article 5Transitional Measures for Passenger Transportation
第五条（旅客運送に関する経過措置）
With regard to a passenger transportation contract concluded before the Effective Date (hereinafter in this Article referred to as a "pre-amendment passenger transportation contract") and liability for damages arising from a tort committed by a carrier and its employees with regard to baggage pertaining to a pre-amendment passenger transportation contract (including personal belongings, in the case of those not delivered by the passenger), the provisions then in force continue to govern; provided, however, that this does not apply to the carrier's liability for damages relating to damage to the life or person of a passenger that arose on or after the Effective Date based on a pre-amendment passenger transportation contract.
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
the Effective Datemachine translation
「施行日」
The date Act No. 29 of 2018, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
pre-amendment passenger transportation contractmachine translation
「旧旅客運送契約」
A passenger transportation contract concluded before Act No. 29 of 2018, which amended the Commercial Code, came into effect; the former rules continue to apply to it and to the carrier's liability in tort for the baggage, though not to liability for a passenger's death or injury arising on or after that date.
Short name set inSupplementary Provisions, Article 5, paragraph (1)· applies only in this article
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.