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Conditions of Carriage for Cargo

1. DEFINITIONS

'Airwaybill' - which is equivalent to the term air consignment note, means the document entitled "Airwaybill/Consignment Note" made out by or on behalf of the shipper which evidences the contract between the shipper and Carrier for carriage of cargo over routes of Carrier.

'Cargo' - which is equivalent to the term goods, means anything carried or to be carried in an aircraft, other than mail or baggage; provided, that unaccompanied baggage moving under an airwaybill is cargo.

'Carriage' - which is equivalent to transportation, means carriage of cargo by air, gratuitously or for reward.

'Carrier' - includes the air carrier issuing airwaybill and all carriers that carry or undertake to carry the cargo under such airwaybill or to perform any other services related to such air carriage.

'Convention' - means the Convention for the Unification of Certain Rules relating to international carriage by Air, signed at Warsaw, October 12, 1929, or that Convention as amended by the Hague Protocol, 1955, whichever may be applicable to carriage.

'Shipper' - which is equivalent to the term Consignor, means the person whose name appears on the airwaybill as the party contracting with Carrier for the carriage of cargo.
 

2. APPLICABILITY OF TARIFF

Except as excluded by Carrier's regulations in relation to carriage wholly on its own domestic services,the tariff shall apply to all carriage of cargo including all services incidental thereto, performed by Carrier at rates published in connection with the tariff.
 

3. EXECUTION OF AIRWAYBILL

The shipper shall make out, or have made out on his behalf, an airwaybill in the form, manner and number of copies prescribed by Carrier, and shall deliver such airwaybill to Carrier simultaneously with the acceptance of the cargo by Carrier for carriage. However, charges for carriage and other charges , insofar as they have been ascertained, shall be inserted in the airwaybill by Carrier. Carrier may require the shipper to make out, or have made out on his behalf, separate airwaybills when there is more than one package or when all of the consignment cannot be carried in one aircraft or cannot, without breach of government requirements or regulations of Carrier, be carried on one airwaybill.
 

4. CHARGES

Rates and charges for carriage governed by the tariff are those duly published by Carrier and in effect on the date of the issuance of the airwaybill by Carrier. Such rates and charges are applicable to routings published in connection with the tariff and are not applicable for such periods as service is not available between the points named. 
 

5. ACCEPTABILITY OF GOODS FOR CARRIAGE

Cargo must be packed so as to ensure safe carriage with ordinary care in handling and so as not to injure or damage any persons, goods or property. Each package shall be legibly and durably marked with the name and full street adress of the shipper and consignee.     
     

6. SCHEDULES, ROUTINGS AND CANCELLATIONS

Times shown in timetables or elsewhere are approximate and not guaranteed and form no part of the contract of carriage. No time is fixed for the commencement or completion of carriage or delivery of cargo. Unless otherwise provided in Carrier's regulations Carrier assumes no obligation to carry the cargo by any specified aircraft or over any particular route or routes, or make connections at any point according to any particular schedule, and Carrier is hereby authorised to select or deviate from the route or routes of consignment, notwithstanding that the same may be stated on the face of the airwaybill. Carrier is not responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representative of Carrier is authorised to bind Carrier by any statements or representations of the dates or times of departure or arrival, or of the operation of any flight.
 

7. SHIPPER'S RIGHT OF DISPOSITION

Every exercise of the right of disposition must be made by the shipper or his designated agent, if any, and must be applicable to the whole consignment under a sinlge airwaybill. The right of disposition over the cargo may only be exercised if the shipper or such agent produces the part of the airwaybill which was delivererd to him. Instructions as to disposition must be given in writing in the form prescribed by Carrier. In the event that the exercise of the right of disposition results in a change of consignee, such new consignee shall be deemed to be the consignee appearing on the airwaybill.
 

8. DELIVERY

Except as otherwise specifically provided in the airwaybill, delivery of the consignment will be made only to the consignee named on the face of the airwaybill unless such consignee is one of the Carriers participating in the carriage, in which event delivery shall be made to the person indicated on the face of the airwaybill as the person to be notified. Delivery to the consignee shall be deemed to have been effected when the consignment has been delivered to customs or other government authorities as required by applicable law or customs regulation, and Carrier has delivered to the consignee any authorisation from Carrier required to enable the consignee to obtain release of the consignment and has forwarded the Notice of Arrival.
 

9. LIMITATION OF LIABILITY

Carrier is not liable to the shipper or to any any other person for any damage, delay or loss of whatsoever nature arising out of or in connection with the carriage of the cargo or other services performed by Carrier incidental thereto, unless such damage is proved to have been caused by the negligence or wilful fault of the Carrier, and there has been no contributory negligence of the shipper, consignee or the claimant.

The charges for carriage having been based upon the value declared by the shipper, it is agreed that any liability shall in no event exceed the shipper's declared value for carriage stated on the face of the airwaybill and in the absence of such declaration by shipper, liability of Carrier shall not exceed 250 Convention Francs or their equivalent per kilogram of cargo destroyed, lost, damaged or delayed; all claims shall be subject to proof of value.

Carrier shall not be liable in any event for any consequential or special damages arising from carriage subject to this tariff, whether or not Carrier had knowledge that such damages might be incurred.

Whenever the liability of Carrier is excluded or limited under these conditions, such exclusion or limitation shall apply to agents, servants or representatives of the Carrier and also any Carrier whose aircraft is used for carriage and its agents, servants or representatives.
 

10. TIME LIMITATIONS ON CLAIMS AND ACTIONS

Receipt by the person entitled to delivery of the cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the contract of carriage.

No action shall be maintained in the case of damage to or partial loss of cargo unless a written notice, sufficiently describing the cargo concerned, the approximate date of the damage, and the details of the claim, is presented to an office of Carrier within 14 days from the date of receipt thereof, in the case of delay unless presented within 21 days from the date the cargo is placed at the disposal of the person entitled to delivery of the consignment, and in the case of loss (including non-delivery) unless presented within 120 days from the date of issue of the airwaybill.
 

11. MODIFICATION AND WAIVER

No agent, servant or representative of Carrier has authority to alter, modify or waive any provisions of the contract of carriage.