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1.1. Capitalised words and phrases used in these Conditions of Carriage shall bear the meanings given to them in Clause 13.
1.2. All Carriage of Cargo performed by the Carrier, including all services relating thereto performed by the Carrier or on its behalf, shall be subject to these Conditions of Carriage, provided that if the Carriage is international carriage as defined in the Convention then it shall be subject to the provisions of the Convention and, to the extent that these Conditions of Carriage are not inconsistent with the Convention, to these Conditions of Carriage.
1.3. To the extent not in conflict with Clause 1.2, all Carriage and other services performed by the Carrier is subject to:
1.3.1. applicable laws (including national laws implementing the Convention or extending the rules of the Convention to Carriage which is not international carriage as defined in the Convention), government regulations, orders and requirements; and
1.3.2. the Carrier’s other applicable conditions, rules and regulations, which may be inspected on its website.
1.4. To the extent permitted by law, the Carrier reserves the right to exclude the application of all or any part of these Conditions of Carriage with regard to any gratuitous carriage.
1.5. If the Carriage is performed pursuant to a charter or operating agreement with the Carrier, such Carriage shall be subject to the Carrier’s charter or operating agreement terms and conditions, and these Conditions of Carriage shall not apply except to the extent provided in those terms and conditions. If there is any conflict between these Conditions of Carriage and those terms and conditions, the latter shall prevail and the Shipper, by agreeing to the carriage of cargo pursuant to a charter or operating agreement (whether or not the Shipper is party to that agreement) is bound by the Carrier’s charter or operating agreement terms and conditions.
1.6. Unless provided otherwise under applicable law, these Conditions of Carriage and any published rates and charges are subject to change without notice. The Conditions of Carriage in force at the time the contract of Carriage is concluded shall apply to the Carriage of Cargo.
2.1. The Shipper shall complete the Air Waybill, or have it completed in its name, in the form, manner and number of copies prescribed or instructed by the Carrier. The Shipper shall deliver the Air Waybill to the Carrier upon handing over the Cargo to the Carrier. The freight charges and other charges, if applicable, shall be inserted in the Air Waybill and/or on the invoice by CARRIER or on the Carrier’s behalf. The Carrier request the Shipper to complete, or have completed, separate Air Waybills when there is more than one package.
2.2. If the Carrier agrees, the Air Waybill may be complete and/or stored in electronic form and signed by electronic signature. Upon handing over the Cargo, the Air Waybill must be physically available. The Carrier may scan and store accompanying freight documents and may then send the freight documents directly to the place of destination.
2.3. If permitted by the Convention, the Air Waybill may be replaced by a Shipment Record to record the Carriage to be performed. If so, the Carrier shall upon request hand to the Shipper a confirmation of receipt of the Cargo which enables an exact determination of the consignment and access, in accordance with the Carrier’s regulations, to the information contained in the Shipment Record. In these Conditions of Carriage, any reference to an Air Waybill shall also be deemed to refer to a Shipment Record where applicable.
2.4. If the apparent order and condition of the Cargo and/or packing is in any way defective, the Shipper shall include on the Air Waybill a statement of such apparent order and condition. If the Shipper fails to do so, or if such statement, the Carrier may include in the Air Waybill a statement of the apparent order and condition of the Cargo, or note a correction thereto.
2.5. The Carrier may, on the express or implied request of the Shipper, complete the Air Waybill, in which event, subject to proof to the contrary, the Carrier shall be deemed to have done so on behalf of the Shipper. If the Air Waybill handed over with the Cargo does not contain all the required particulars, or if the Air Waybill contains any error, the Carrier is authorised to complete or correct the AIR WAYBILL to the best of the Carrier’s ability without being under any obligation to do so. The Carrier may charge a fee to the Shipper for the correction or completion of such Air Waybill.
2.6. The Shipper is liable to the Carrier and any third party for the correctness of the particulars and statements relating to the Cargo inserted by him or on his behalf in the Air Waybill. The Shipper shall be liable for any damage, claim or cost incurred by the Carrier or by any third party as a result of any such incorrectness, inaccuracy or incompleteness. The Shipper shall indemnify the Carrier in relation to any incorrect or incomplete particulars and statements furnished by the Shipper or on its behalf.
2.7. The Carrier shall not be obliged to accept any Air Waybill if the entries have been changed or erased.
- RATES AND CHARGES
3.1. The charges for Carriage under these Conditions of Carriage are those duly published and/or notified by the Carrier and in effect on the date the Air Waybill has been issued, or such charges as have been agreed between the contracting parties.
3.2. The charges for Carriage depend on the higher of the total weight or total volume and, if applicable, on the surcharge for the form of Carriage chosen by the Shipper in accordance with the Carrier’s conditions.
3.3. Except as otherwise agreed by the Carrier, the charges apply only to the Carriage of the Cargo by air and do not cover the following services:
3.3.1. Pick-up, delivery and city terminal services to and from the airports from which the Carrier performs its services;
3.3.2. storage fees;
3.3.3. insurance fees;
3.3.4. cash on delivery charges;
3.3.5. advanced charges;
3.3.6. costs incurred by the Carrier or third parties for customs clearing of the Cargo, irrespective of whether such third parties are acting as agents of the Shipper, the Consignee, the owner of the Cargo, or the Carrier;
3.3.7. charges or fines imposed or collected by competent authorities, including duties or taxes;
3.3.8. costs incurred by the Carrier for repairing defective packaging;
3.3.9. freight charges for the Carriage, reloading or return Carriage of Cargo with other means of transportation, as well as the freight charges for return Carriage to the place of departure;
3.3.10. surcharges; and
3.3.11. any other similar services or charges.
3.4. The charges for Carriage are stated in the currency shown in the applicable freight tariffs or as notified by the Carrier, and may be paid in any currency acceptable to the Carrier. When payment is made in a currency other than that stated by the Carrier, such payment will be made at the rate of exchange established for such purpose by the Carrier, subject to applicable regulations.
3.5. All applicable charges, whether advanced or charged forward charges, fees, duties, taxes, charges, advances and payments made or incurred or to be incurred by the Carrier, and any other sums payable to the Carrier, will be deemed fully earned upon conclusion of the contract of Carriage, subject to the delivery of the freight. All charges are due and payable at the time when the Cargo is handed over to the Carrier, and will be subject to the Carrier’s standard payment terms.
3.6. The Shipper undertakes to pay all unpaid charges, costs and expenses of the Carrier, and to pay all costs, expenditure, fines, penalties, charges for loss of time, damage and other sums which the Carrier may incur or suffer as a result of any of the following:
3.6.1. the inclusion in the Shipment of articles the Carriage of which is prohibited by law;
3.6.2. the illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or descriptions of the Cargo;
3.6.3. the absence, delay or incorrectness of any export or import licence or any required certificate or document;
3.6.4. any improper customs valuation or incorrect statement of weight or volume; or
3.6.5. a negligent act or omission by the Shipper.
The Carrier shall have a lien on the Cargo for each of the foregoing and, in the event of nonpayment, shall have the right to dispose of the Cargo at public or private sale (provided that prior to such sale the Carrier has informed the Shipper or the Consignee at the address stated on the Air Waybill of the sale) and to pay itself out of the proceeds of such sale. No
such sale shall, however, discharge any liability to pay any shortfall, for which the Shipper and the Consignee shall remain jointly and severally liable. By taking delivery or exercising any other right arising from the contract of Carriage, the Consignee agrees to pay such charges, sums and advances, except prepaid charges, but this does not release the Shipper
from its corresponding payment obligations.
3.7. If the gross weight, measurement, quantity or declared value of the Cargo exceeds the figures taken as the basis for the calculation of the freight rates and charges, the Carrier shall be entitled to require payment of any excess charges.
3.8. Shipments subject to carriage forward will be accepted only as agreed by the Carrier and subject to the Carrier’s conditions. In any event the Carrier reserves the right to refuse Shipments on a carriage forward basis to any country where regulations prevent the conversion of funds into other currencies or the transfer of funds to other countries, or for
any other reason.
3.9. All charges applicable to a Shipment are payable at the time of acceptance thereof by the Carrier (in the case of a Shipment subject to carriage forward), or at the time of delivery thereof by the Carrier (in the case of a Shipment on which the charges are to be paid by the Consignee).
3.10. The Carrier may cancel the Carriage of any Shipment if the Shipper refuses to pay the charges demanded by the Carrier in accordance with the agreed terms, without the Carrier being subject to any liability therefore.
3.11. The Shipper warrants that it will comply with all applicable laws and regulations in respect to payments made to the Carrier hereunder, and shall indemnify the Carrier in relation to any actual or alleged violation by the Shipper of any applicable laws, rules and regulations (including tax laws).
- ACCEPTABILITY OF GOODS FOR CARRIAGE
4.1. The Carrier may transport, subject to the availability of suitable equipment and space, general merchandise and other goods, products and commodities, unless otherwise excluded by the Carrier’s regulations and provided:
4.1.1. the transportation, exportation or importation thereof is not prohibited by the laws or regulations of any country that the Cargo is to be flown and/or transported from, to or through;
4.1.2. the necessary approvals by any public authority for the entry, exit or transit of the Cargo have been issued before the beginning of the Carriage and have been presented to the Carrier;
4.1.3. the Cargo is packed in a manner suitable for Carriage and is ready for Carriage as required by the Carrier and any subsequent carrier;
4.1.4. the Cargo is accompanied by the requisite shipping documents; and
4.1.5. the Cargo is not likely to endanger the aircraft or any other means of transportation, persons or property, or cause annoyance to the operating crew and/or passengers.
4.2. The Carrier may refuse the Carriage of a Shipment or group of Shipments having a declared value for Carriage in excess of the amount specified and/or determined by the Carrier. To the extent permitted by law, the Carrier reserves the right, without assuming any liability, to refuse the Carriage of Cargo when circumstances so require.
4.3. The Shipper is responsible for ensuring that the Cargo is packed in an appropriate way for Carriage so as to ensure that it can be carried safely by air with ordinary care in handling, so as to protect it against loss, damage or deterioration and so as not to injure or damage any persons, goods or property. Each package shall be legibly and durably marked so as to identify the Air Waybill number, the Shipper, the Consignee and, when applicable, any special handling instruction. Shipments likely to be subject to robbery or theft shall be packaged without indication of their contents.
4.4. Hazardous and or dangerous goods must be marked as such in accordance with applicable laws and regulations and/or as instructed by the Carrier. Special Cargo, including but not limited to valuable, hazardous and/or dangerous goods, live animals, perishables, fragile goods, and human remains, is acceptable only under the conditions set forth in the Carrier’s regulations or as notified by the Carrier.
4.5. Temperature-sensitive cargo, including but not limited to pharmaceuticals, must be packaged in accordance with its special characteristics and in a way that guarantees adequate protection against heat that could potentially damage it. This includes sending the Cargo in adequate transport containers (e.g. cool containers) (where appropriate, for an additional fee). The provision of specific transport containers by the Carrier shall not affect the applicability of any Convention.
4.6. The Carrier reserves the right to refuse the transportation of Cargo that is not suitably packed and/or marked.
4.7. The Shipper is contractually obliged to comply with the provisions in this Clause 4 and to refrain from handing over Cargo to be carried by the Carrier that does not comply with the restrictions in this clause. Responsibility for non-observance of these conditions rests upon the Shipper, who shall indemnify the Carrier for all breaches of these conditions.
4.8. The Carrier is entitled but not obliged to examine the packaging and contents of all Shipments and to enquire into the correctness or sufficiency of information, licences or documents tendered in respect of any Shipment, but shall have no liability if it fails to do so.
4.9. Unless otherwise provided for by the Convention or applicable law, the Carrier shall not incur any liability for damage or loss of any Shipment that is part of a unit load device (ULD) that is built by the Shipper, and the Shipper shall indemnify the Carrier in relation to damage or loss of such Shipment or any part thereof. For the avoidance of doubt, such ULD shall be considered as one single unit. In any case, when the Shipper wishes to load a ULD this will be subject to the Carrier’s loading instructions, and the Shipper shall indemnify the Carrier for all damages or loss, including claims by third parties, arising from the building of the ULD or the fact that the contents of the ULD do not correspond with the documents. In addition, the Shipper shall be responsible for ULDs and other auxiliary equipment.
4.10. The Shipper must notify the Carrier if any equipment for tracking of shipments or equipment to record transport- or shipment-related data forms part of a Shipment (so called ‘tracking devices’) before such a Shipment is handed to the Carrier. Such tracking devices are only permissible if they have been developed specifically for the use on board aircraft and have been certified according to official regulations, or if they are in compliance with the Carrier’s conditions. The use of such tracking devices will not create any additional obligations for the Carrier. Using such devices is permitted solely for quality purposes.
- SHIPMENTS IN COURSE OF CARRIAGE
5.1. The Shipper shall comply with any and all applicable laws, customs and other government regulations of any country to, over, through or from which the Cargo may be carried, including, but not limited to, those relating to the packing, carriage, delivery, and trading of the Cargo, and shall furnish such information and deliver such documents, licences or
authorisations as may be necessary to comply with such laws and regulations. The Shipper shall ensure that no shipment is consigned to any person or entities listed any applicable list of debarred parties issued by national or international authorities. The Carrier shall not be obliged to inquire into the correctness or sufficiency of any information or documents provided by the Shipper or into the validity of such licences or authorisation, and shall not be liable to the Shipper or any other person for any loss or expense due to the Shipper’s failure to comply with these requirements.
5.2. The Carrier shall not incur any liability for refusing to carry any Shipment if the Carrier determines that the Carriage is not permitted by any applicable law, government regulation, demand, order or requirement.
5.3. The Carrier is entitled, but not obliged, to advance any duties, fines, taxes or charges and to make any disbursements with respect to the Cargo. The Shipper and the Consignee shall be jointly and severally liable for the reimbursement thereof. The Carrier shall be under no obligation to incur any expense or make any advance in connection with the forwarding or reforwarding of the Cargo except against prepayment by the Shipper. If it is necessary to import any Cargo through customs at any stopping place, and no customs clearance agent has been named in the Air Waybill, the Cargo shall be deemed to be consigned to the Carrier. For any such purpose a copy of the Air Waybill, certified by the Carrier, shall be deemed an original.
5.4. Unless specifically agreed otherwise and so indicated in the Air Waybill, the Carrier undertakes to carry the Cargo with reasonable despatch, but assumes no obligation to carry it by any specified aircraft or over any particular route or routes, or to make connections at any point according to any particular schedule. Times provided by the Carrier are approximate and not guaranteed, and form no part of the contract of Carriage. No time is fixed for commencement or completion of the Carriage or the delivery of the Cargo. The Carrier may select or deviate from the route or routes of the Shipment, notwithstanding that the same may be stated on the face of the Air Waybill. The Carrier is not responsible for errors or omissions in timetables or other representations of schedules. No employee, agent or representative of the Carrier is authorised to bind the Carrier by any statements or representations of the dates or times of departure or arrival, or of operation of any flight.
5.5. The Carrier is authorised to carry the Shipment, without notice, wholly or partly by any other means of transportation or to arrange such Carriage by a third party. The Carrier may, without notice, cancel, terminate, divert, postpone, delay or advance any flight, or the further Carriage of any Cargo, or to proceed with any flight without all or any part of the Cargo if it considers that it would be advisable to do so because of any fact beyond its control or that could not reasonably have been foreseen, anticipated, or predicted at the time the Cargo was accepted, including (i) due to any event beyond its control (including, but
not limited to: weather conditions, acts of God, force majeure, strikes, riots, political disturbances, embargoes, wars, hostilities, civil commotions, unstable international conditions, terrorism or governmental warnings against terrorism or war); in this respect it is irrelevant whether the event has in fact occurred or is only threatened or announced, or whether this directly or indirectly results in a delay, claim, requirement, incident or predicament, or (ii) due to any event which could not reasonably be foreseen, expected or anticipated, or (iii) due to governmental regulations, orders or requirements, or interventions by authorities for which the Carrier is not responsible or (iv) due to any shortage of labour, fuel or facilities or (v) due to labour-related difficulties of the Carrier or any third party deployed by it, or if it reasonably considers that any other circumstances so require, taking into account the interests of the Shipper.
5.6. Provided that no regulations/laws to the contrary are applicable, in the event any flight is, pursuant to Clause 5.5 above, cancelled, diverted, postponed, delayed or advanced or is terminated at a place other than the place of destination, or in the event the Carriage of any Shipment is so cancelled, diverted, postponed, delayed, advanced or terminated, the Carrier shall not be under any liability. In the event the Carriage of the Shipment or any part thereof is so terminated, delivery thereof by the Carrier to a forwarding agent for further delivery or storage shall be deemed complete delivery under the Contract of Carriage, and the Carrier shall have no further liability with respect thereto, except to notify the Shipper or the Consignee, at the address stated in the Air Waybill, of the location of the Cargo. The Carrier may, but is not obliged to, forward the Shipment for Carriage by any other route or as an agent for the Shipper or the Consignee for onward Carriage by any transportation service. The cost of doing so shall be borne by the Shipper.
5.7. Unless otherwise agreed, and subject to applicable laws and regulations, the Carrier is entitled, without any liability, to determine the priority of Carriage as between Shipments and between other Cargo, mail or passengers. The Carrier may likewise decide to remove any articles or parts from a Shipment, at any time or place whatsoever, and to proceed with the flight without them.
5.8. If, in the opinion of Carrier, it is necessary to hold a Shipment at any place to prevent damage or danger, either before, during or after Carriage, the Carrier may, upon giving notice thereof to the Shipper, store the Shipment for the account and at the risk and expense of the Shipper, in any warehouse or other available place, or with the customs authorities; or the Carrier may deliver the Shipment to another transportation service for onward carriage to the Consignee. The Shipper shall indemnify the Carrier for any expenses or risks arising under this Clause 5.8.
- SHIPPER’S RIGHT OF DISPOSAL
6.1. To the extent permitted by law and the Convention, and subject to compliance with these Conditions of Carriage, and provided that this right of disposal is not exercised in such a way as to prejudice the Carrier or other shippers or the Consignee’s right to delivery, the Shipper may at its own expense dispose of a Shipment by:
6.1.1. taking the Shipment back at the airport of departure;
6.1.2. stopping the Shipment at any stopping place;
6.1.3. having the Shipment delivered at the place of destination or in transit to a person other than the Consignee named in the Air Waybill; or
6.1.4. requiring the Shipment to be returned to the airport of departure, provided that if, in the discretion of the Carrier, it is impossible or unreasonable to carry out the Shipper’s instructions, the Carrier shall inform the Shipper promptly and shall then be under no obligation to carry out such instructions.
6.2. An instruction to dispose of Cargo may be given only by the Shipper or its agent, and must be applicable to the whole Shipment under a single Air Waybill. The right to dispose of Cargo may only be exercised if the Shipper or its agent presents the part of the Air Waybill that was given to it. Any disposal instructions must be given in writing in the form prescribed by the Carrier, and if such disposal results in a change in the Consignee, the new Consignee shall be deemed to be the one appearing in the Air Waybill.
6.3. The Shipper shall be liable for and shall indemnify the Carrier for any loss or damage sustained as a result of the exercise of the right of disposal.
6.4. Provided that no regulations to the contrary are applicable, the Shipper’s right of disposal shall cease upon arrival of the Cargo at the destination. If the Consignee declines to accept the Air Waybill or the Cargo, or if he cannot be communicated with, the Shipper’s right of disposal shall be reinstated.
7.1. Notice of arrival of a Shipment will, in the absence of other instructions, be sent to the Consignee and/or any other person whom the Carrier has agreed to notify as evidenced in the Air Waybill, in writing or by any other suitable method. The Carrier will not be liable for the non-receipt or delay in receipt of such notice.
7.2. Except as otherwise specifically provided in the Air Waybill, delivery of a Shipment will be made only to the Consignee named therein, or its agent. Delivery to the Consignee shall be deemed to have been effected:
7.2.1. when the Carrier has delivered to the Consignee or its agent any authorisation from the Carrier required to enable the Consignee to obtain release of the Shipment; and
7.2.2. when the Shipment has been delivered to customs or other government authorities as required by applicable laws or customs regulations; and
7.2.3. when the Carrier has given notice of the arrival of the Shipment to the Consignee as set out above.
7.3. Unless agreed otherwise with the Carrier, the Consignee must accept delivery of and collect the Shipment at the airport of destination.
7.4. Subject to the provisions below, if the Consignee refuses or fails to take delivery of the Shipment after its arrival at the airport of destination, the Carrier will endeavour to comply with any instructions of the Shipper set out on the face of the Air Waybill. If no such instructions have been given, or they cannot reasonably be followed, the Carrier shall notify the Shipper of the Consignee’s failure to take delivery, and request instructions. If no such instructions are received within thirty (30) days, the Carrier may return the Shipment to the airport of departure, or may sell the Shipment in one or more lots by public or private sale, or may destroy or abandon the Shipment.
7.5. The Shipper and the Consignee are jointly and severally liable for all charges and expenses resulting from or in connection with a failure or refusal to take delivery of a Shipment, including, but not limited to, storage charges and carriage charges incurred in returning the Shipment. If the Shipment is returned to the airport of departure and the Shipper refuses or fails to make such payments within fourteen (14) days of the return, the Carrier may dispose of the Shipment in one or more lots by public or private sale after giving the Shipper ten (10) days’ notice of its intention to do so.
7.6. In the event of the sale of a Shipment as provided for above, either at the place of destination or at the place to which the Shipment has been returned, the Carrier shall be entitled to reimburse itself and other transportation providers, out of the sale proceeds, for all charges, advances, and expenses, including the costs of the sale, of the Carrier and such other transportation providers, with any surplus being made available to the Shipper. The sale of any Shipment shall, however, not discharge the Shipper and/or owner of the Cargo from any liability to pay any outstanding amounts to the Carrier.
7.7. If a Shipment containing perishable, time-sensitive or temperature-sensitive articles or live animals is delayed in the possession of Carrier or is unclaimed, refused or not claimed promptly at place of delivery, or for any other reason there is a threat of its deterioration, the Carrier may immediately, at the Shipper’s cost, take such steps as it sees fit for the
protection of the Carrier’s and other parties’ interests, including but not limited to the request for instructions from the Shipper, the destruction or abandonment of all or any part of the Shipment, the storage of the Shipment or any part thereof at the risk and cost of the Shipment, or the disposal of the Shipment in one or more lots by public or private sale. The proceeds of sale shall be used to settle the Carrier’s costs and expenses, with any surplus being made available to the Shipper.
7.8. By accepting delivery of a Shipment, the Consignee shall become liable for payment of all costs and charges in connection with the Carriage and the Shipment. Unless otherwise agreed, the Shipper shall not thereby be released from its own liability for these costs and charges and will remain jointly and severally liable with the Consignee. The Carrier may make delivery of the Shipment or the Air Waybill conditional upon payment of these costs and charges.
- SUCCESSIVE CARRIERS
8.1. Carriage to be performed under one Contract of Carriage by several successive Carriers is regarded as a single operation.
- CARRIER’S LIABILITY
9.1. The Carriage shall be subject to the regulations and limitations established by the Convention, or by the national and international laws applicable to the Carriage. This applies irrespective of whether the Carriage is interrupted or the Shipment is reloaded. The liability of the Carrier shall in no case exceed the proven amount of damages.
9.2. The Carrier is liable, subject to the terms of these Conditions of Carriage, for damage caused by the destruction or loss of, or damage to, or delay in the Carriage of Cargo but only if the occurrence which caused such damage occurred during the Carriage by air.
9.3. Except as may be otherwise provided for in the Convention:
9.3.1. the Carrier shall not be liable to the Shipper, the Consignee or any other person for any damage, delay or loss, of whatsoever nature, arising out of or in connection with the Carriage of Cargo or other services performed by the Carrier or its agents, unless such damage, delay or loss is caused by the gross negligence or wilful misconduct of the Carrier;
9.3.2. the Carrier does not assume any liability for loading or delivery periods, or for any specific order of handling of cargo of the same carriages;
9.3.3. the Carrier is not liable for any damage from additional carriage resulting from forwarding or reforwarding or city terminal services, unless proved to have been caused by gross negligence or wilful misconduct on the part of the Carrier or a breach of any duties of the Carrier that are a precondition for the proper fulfilment of the additional carriage and on which a consignor would ordinarily rely;
9.3.4. the Carrier is not liable for damage caused directly or indirectly by any compliance with laws, governmental regulations, requirements or orders or by any other event beyond the Carrier’s control. The Carrier is not liable if it refuses carriage of a Shipment after having decided in good faith that the laws and regulations which it deems applicable do not permit the carriage of the Shipment;
9.3.5. the Carrier is not liable for damage or destruction to or delay of a Shipment caused by any object or animal contained therein. Shippers and Consignees whose items cause damage or destruction to other shipments or to the Carrier’s property shall be liable to the Carrier for any losses and costs incurred. The Carrier may at any time without notice and without incurring any liability remove or destroy cargo and animals which might endanger an aircraft, or people or property. The Carrier is not liable for any loss, damage or cost arising from the natural death, killing or injury of an animal, or any person travelling with an animal, if caused by the conduct of the same or any other animal, nor for any loss, damage or cost caused or contributed by the condition, nature or disposition of any animal; and
9.3.6. the Carrier is not liable for any loss or damage caused by the deterioration or delay of any Shipment that may deteriorate or decay due to change of climate, temperature, pressure or for any other usual circumstance or due to the duration of the agreed Carriage time.
9.4. The Carrier shall be not liable if any destruction, loss or damage of Cargo is caused by:
9.4.1. insufficient and/or defective packaging of the cargo performed by any person other than the Carrier or its servants or agents; and/or
9.4.2. an act of war (including terrorist acts) or an armed conflict; and/or
9.4.3. an act of public authority carried out in connection with the entry, exit or transit of the Cargo; and/or
9.4.4. force majeure, in particular acts of God, any riot, civil commotion, strike, lockout, fire, war, act of foreign enemies or any event beyond the reasonable control of the Carrier.
9.5. To the extent not in conflict with applicable law and the Convention, the Carrier is not liable for any indirect or consequential damages, including but not limited to loss of opportunity, loss of anticipated savings or profits, loss of production, loss of business, loss of revenues, harm to business or business reputation, or any other indirect, incidental, collateral, special, punitive or consequential loss, whether or not foreseeable, and whether arising in contract, tort (including active, passive or imputed negligence), strict liability or otherwise.
9.6. If the liability of the Carrier is excluded or limited according to these Conditions of Carriage, such exclusion or limitation shall likewise apply to any agents, employees or representatives of the Carrier, as well as any Carrier whose aircraft is used for the Carriage, and for the agents, employees and representatives of such other Carrier. Liability for contributory negligence remains unaffected.
9.7. Contributory negligence on the part of the Shipper, the Consignee or any other claimant shall entirely or partly release the Carrier of its liability, to the extent permitted by the Convention and applicable law.
- LIMITATION OF LIABILITY
10.1. The scope of the Carrier’s liability depends on the regulations and limitations established by the Convention and by the national and international laws applicable to the Carriage. Unless otherwise provided for by the Convention or such law, the provisions of this Clause 10 shall apply.
10.2. Unless otherwise provided for to the advantage of the claimant by the Convention or applicable law, the liability of the Carrier for destroyed, lost, damaged or delayed Cargo shall not exceed 22 SDRs per kilogramme of Cargo, or such other limit as is stipulated in the Convention.
10.3. If, with the agreement of the Carrier at the time when the Shipment was handed over, the Shipper has made a special declaration of value for the Shipment and has paid the applicable surcharge, the aggregate liability of the Carrier for destroyed, lost, damaged or delayed Cargo shall in no event exceed such declared value (or a lesser sum if the Carrier proves that the declared value is higher than the Shipper’s actual interest in delivery at destination). All claims shall be subject to proof of value.
10.4. In the case of the loss, damage or delay of part of a Shipment, only the weight of the package or packages concerned shall be taken into consideration in determining the amount to which Carrier’s liability is limited, without any consideration of the value of the package or packages. Nevertheless, when the destruction, loss, damage or delay of a part of the Cargo, or of an object contained therein, affects the value of other packages covered by the same Air Waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.
10.5. If an actual Carrier performs the whole or part of Carriage under these Conditions of Carriage, both the contractual Carrier and the actual Carrier shall be subject to these Conditions of Carriage (unless otherwise provided for in these Conditions of Carriage), the former for the whole of the Carriage contemplated in the contract, the latter solely for the
Carriage which it performed.
10.6. The acts and omissions of the actual Carrier, as well as of its agents acting within the scope of their employment shall, in relation to the Carriage performed by the actual Carrier, be deemed to be also those of the contractual Carrier.
- LIMITATIONS ON CLAIMS AND ACTIONS
11.1. Receipt by the person entitled to take delivery of the Cargo without complaint is prima facie evidence that the Cargo has been delivered in good condition and in accordance with the contract of Carriage.
11.2. No action shall be maintained in the case of loss or damage to goods unless a complaint is made to the Carrier in writing by the person entitled to delivery. Such complaint shall be made without undue delay with sufficient description of the Cargo concerned, the approximate time of damage and the details of the claim:
11.2.1. in the case of damage to the Cargo, at the latest within fourteen (14) days from the date of receipt of the Cargo (or such lesser period as is provided in the Convention);
11.2.2. in the case of delay, within twenty-one (21) days from the date on which the Cargo were placed at the disposal of the person entitled to delivery (or such lesser period as is provided in the Convention); and
11.2.3. in the case of non-delivery of the Cargo, within one hundred and twenty (120) days of the date the Cargo ought to have arrived at destination.
11.3. Any right to damages shall be extinguished if an action is not brought within two (2) years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the Carriage stopped.
12.1. No agent, servant or representative of the Carrier has authority to alter, modify or waive any provision of the contract of carriage or these Conditions.
12.2. The Shipper may not set off any claims against the Carrier against any amounts due from the
Shipper under the contract of Carriage.
12.3. The Shipper may not, except with the prior written consent of the Carrier, assign any of its rights or obligations under the contract of Carriage or these Conditions of Carriage.
12.4. If any provision contained in an Air Waybill or in these Conditions of Carriage is invalid because it contradicts applicable law, the validity of the Air Waybill or of the remaining Conditions of Carriage shall not be affected. The invalid provision shall be replaced by a lawful provision having the closest possible meaning to the original.
12.5. The title of each clause of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.
12.6. Unless otherwise provided by the Convention or any applicable law, government regulations, orders or requirements, these Conditions of Carriage and any carriage hereunder shall be governed by the laws of England, and any dispute between the Shipper and the Carrier
concerning or arising out of such Carriage in any way whatsoever shall be subject to the nonexclusive jurisdiction of the Courts of England and Wales.
In these Conditions, the following capitalised words and phrases shall bear the meanings given to
13.1. “Air Waybill” means a document made out by or on behalf of the Shipper, which contains (a) an indication of the places of departure and destination, (b) if the places of departure and destination are within the territory of a single country and there is one or more agreed stopping places within the territory of another country, an indication of at least one such stopping place, (c) an indication of the weight of the Shipment.
13.2. “Convention” means whichever of the following apply:
• The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (referred to below as the Warsaw Convention).
• The Warsaw Convention as amended at The Hague on 28 September 1955.
• The Warsaw Convention as amended by Additional Protocol No.1 of Montreal (1975).
• The Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of
• The Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of
• The Guadalajara Supplementary Convention (1961).
• The Convention for the Unification of Certain Rules for International Carriage by Air, signed
at Montreal, 28 May 1999 (referred to below as the Montreal Convention).
13.3. “Cargo” means anything carried or to be carried in an aircraft or by any other means of transportation (except baggage carried under a passenger ticket and baggage check) and includes any item moving under an Air Waybill or Shipment Record
13.4. “Carriage” means the carriage of Cargo by air or by any other means of transportation, whether gratuitously or for reward.
13.5. “Carrier” means the air carrier designated in the Air Waybill or the Shipment Record and all carriers that carry or undertake to carry the Cargo or to perform any other services related to the Carriage.
13.6. “Consignee” means the person whose name appears on the Air Waybill or Shipment Record as the party to whom the Shipment is to be delivered by the Carrier.
13.7. “SDR” means a Special Drawing Right, which is an international unit of account defined by the International Monetary Fund, based upon the values of several leading currencies.
13.8. “Shipment” means, except as otherwise provided herein, one or more packages or pieces of Cargo accepted by the Carrier from one Shipper at one address, receipted for in one lot and under a single Air Waybill or a single Shipment Record, for Carriage to one Consignee at one destination address.
13.9. “Shipment Record” means any record of Carriage preserved by the Carrier and evidenced by means other than an Air Waybill.
13.10. “Shipper” means the person whose name appears on the Air Waybill or Shipment Record as the party contracting with the Carrier for the Carriage of Cargo.