General Conditions of Carriage

These terms and conditions supplement the IATA Air Waybill Terms incorporated in the AIR WAYBILL issued by the CARRIER and, subject to applicable law, further apply to any CARRIAGE to which the APPLICABLE CONVENTION does not apply.

1.                 ARTICLE 1 – Definitions

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1.1              "AGENT".  Except when the context otherwise requires, any person who has authority, express or implied, to act for or on behalf of CARRIER in relation to the CARRIAGE of CARGO.

1.2              "AIR WAYBILL". Any document made out by or on behalf of the SHIPPER, which evidences the contract between the SHIPPER and CARRIER of CARGO.

1.3              "APPLICABLE CONVENTION".  Unless the context requires otherwise, whichever of the following instruments is applicable to the CARRIAGE:

    1.3.1              the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; (hereinafter referred to as the Warsaw Convention);

    1.3.2              the Warsaw Convention as amended at The Hague on 28 September 1955;

    1.3.3              the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975;

    1.3.4              the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 2 of Montreal 1975;

    1.3.5              the Warsaw Convention as amended at The Hague 1955 and by Protocol No. 4 of Montreal 1975;

    1.3.6              the Montreal Convention of 1999.

1.4              "CARGO" (which is equivalent to the term "Goods"). Anything carried or to be carried in an aircraft or by any other means of transportation except mail, or baggage carried under a passenger ticket and baggage check, and includes any item moving under an AIR WAYBILL or SHIPMENT RECORD.

1.5              "CARRIAGE" (which is equivalent to the term "transportation"). CARRIAGE of CARGO by air or by any other means of transportation, whether gratuitously or for reward.

1.6              "CARRIER". Includes 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 such CARRIAGE.

1.7              "CHARGES COLLECT".  Charges conventionally entered on the AIR WAYBILL or SHIPMENT RECORD for collection from the CONSIGNEE against delivery of the SHIPMENT.

1.8              "CONSIGNEE".  The person whose name appears on the AIR WAYBILL or SHIPMENT RECORD, as the party to whom the SHIPMENT is to be delivered by CARRIER.

1.9              "DAYS". Full calendar days, including Sundays and legal holidays; provided that for purposes of notification the balance of the day upon which notice is despatched shall not be counted.

1.10           "DELIVERY SERVICE".  Where expressly offered, the surface CARRIAGE of inbound SHIPMENTS from the airport of destination to the address of the CONSIGNEE or that of his designated agent or to the custody of the appropriate government agency when required.

1.11           "IATA AWB TERMS".  The provisions of the IATA Air Waybill Conditions of Contract promulgated by IATA pursuant to Resolution 600b and effective on 1st July 2010, as the same may be formally amended, restated or replaced by an IATA resolution from time to time.

1.12           "PICK-UP SERVICE".  Where expressly offered, the surface CARRIAGE of outbound SHIPMENTS from the point of pickup at the address of the SHIPPER or that of his designated agent to the airport of departure.

1.13           "SHIPMENT" (Which is equivalent to the term "Consignment"). Except as otherwise provided herein, one or more packages or pieces of CARGO accepted by CARRIER from one SHIPPER at one address, receipted for in one lot and under a single AIR WAYBILL, for CARRIAGE to one CONSIGNEE at one destination address.

1.14           "SHIPMENT RECORD".  Any record of CARRIAGE preserved by CARRIER, evidenced by means other than an AIR WAYBILL.

1.15           "SHIPPER" (which is equivalent to the term "consignor"). The person whose name appears on the AIR WAYBILL or SHIPMENT RECORD, as the party contracting with CARRIER for the CARRIAGE of CARGO.

1.16           "SPECIAL DRAWING RIGHT".  A Special Drawing Right as defined by the International Monetary Fund.

2.                 ARTICLE 2 - APPLICABILITY

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2.1              GENERAL: These conditions shall apply to all CARRIAGE of CARGO, including all services incidental thereto, performed by or on behalf of CARRIER; provided however that if such CARRIAGE is "International Carriage" as defined in the APPLICABLE CONVENTION such carriage shall be subject to the provisions of the APPLICABLE CONVENTION and conditions of contract printed on the corresponding AIR WAYBILL. In the event of any direct conflict between the terms of the AIR WAYBILL and these terms and conditions, the AIR WAYBILL terms and conditions shall apply. In the event that an AIR WAYBILL was not issued or for whatever reason, AIR WAYBILL conditions of contract are not printed thereon, or cannot be determined, the IATA AWB Terms effective at the time of shipment shall apply.  In all other respects, these General conditions of Carriage shall supplement and shall not be in lieu of the conditions of contract printed on the corresponding AIR WAYBILL. Notwithstanding the foregoing, the APPLICABLE CONVENTION shall, where applicable, apply.

2.2              APPLICABLE LAWS AND CARRIER'S TARIFFS: To the extent not in conflict with 2.1 all CARRIAGE and other services performed by CARRIER are subject to:

    2.2.1              applicable laws (including national laws implementing the APPLICABLE CONVENTION or extending the rules of the APPLICABLE CONVENTION to CARRIAGE which is not "International Carriage" as defined in the APPLICABLE CONVENTION) government regulations, orders and requirements;

    2.2.2              these conditions and other applicable tariffs, rules, regulations and timetables, if any (but not the times of departure and arrival therein, specified) of CARRIER which may where applicable be inspected at any of its offices and at airports from which it operates regular services.

2.3              GRATUITOUS CARRIAGE: To the extent permitted by law with respect to gratuitous CARRIAGE, CARRIER reserves the right to exclude the application of all or any part of these conditions.

2.4              CHANGE WITHOUT NOTICE: These conditions and the published rates and charges are subject to change without notice except to the extent otherwise provided by applicable law or government regulations or order; provided however that no such change shall apply to a contract of CARRIAGE after the date of conclusion of the contract of CARRIAGE or after the date the rate or charge for the CARRIAGE has been entered in the SHIPMENT RECORD.

2.5              EFFECTIVE RULES: All CARRIAGE of CARGO governed by these conditions shall be subject to CARRIER's rules, regulations and tariffs in effect on the date of the conclusion of the contract of CARRIAGE, provided that in the event of inconsistency between these conditions and CARRIER's rules, regulations and tariffs, these conditions shall prevail.

3.                 ARTICLE 3 - Acceptability of GOODS FOR CARRIAGE

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3.1              CARGO ACCEPTABLE: CARRIER undertakes to transport, subject to the availability of suitable equipment and space all SHIPMENTS other than those restricted in these terms and conditions, unless otherwise excluded by CARRIER's regulations and provided:

    3.1.1              the transportation, or the exportation or importation thereof is not prohibited by the laws or regulations of any country to be flown from, to or over;

    3.1.2              they are packed in a manner ready for CARRIAGE as required by the issuing CARRIER and any subsequent CARRIER;

    3.1.3              they are accompanied by the requisite shipping documents;

    3.1.4              they are not likely to endanger aircraft or any other means of transportation, persons or property or cause annoyance to passengers.

3.2              CARGO REFUSAL: To the extent permitted by law the CARRIER reserves the right without assuming any liability to refuse CARRIAGE of CARGO when circumstances so require.

3.3              BOOKING CONFIRMATION: All SHIPMENTS must be booked with the CARRIER, are subject to a booking confirmation and to the availability of suitable equipment and space.

3.4              RESTRICTIONS TO SHIPMENT: CARRIER shall not be required to accept bookings for nor shall be liable for CARRIAGE performed based on wrong or incomplete information at the time of booking, regardless of what is stated on the face of the AIR WAYBILL, with respect to any CARGO or SHIPMENT including, but not limited to:

    3.4.1              dangerous goods specified in and subject to the IATA Dangerous Goods Regulations;

    3.4.2              live animals - all subject to the IATA Live Animals Regulations;

    3.4.3              perishable or temperature sensitive CARGO and then only accepted on the basis that it is understood that CARRIER does not guarantee to maintain any temperature range regardless what may be indicated on the AIR WAYBILL or other SHIPMENT RECORD;

    3.4.4              CARGO containing animal products;

    3.4.5              human remains;

    3.4.6              CARGO having irregular or oversize dimensions;

    3.4.7              the following, and then only on the basis that CARRIER gives its express prior written consent in other than standard form documentation and prior arrangements have been expressly agreed, on terms as it shall specify from time to time:

        (a)           SHIPMENT or CARGO having a declared value for CARRIAGE;

        (b)           SHIPMENTS OR CARGO which SHIPPER states to contain high value or sensitive CARGO which requires special care or attention in transit;

        (c)           bullion and precious stones;

        (d)           bearer form of negotiable instruments including but not limited to bank notes, tax banderoles, telephone cards, bonds, stock certificates;

        (e)           firearms, parts thereof, weapons, ammunition, and replicas thereof including toys;

        (f)            courier on-board SHIPMENTS or CARGO; and/or

        (g)           other CARGO being CARGO that CARRIER has from time to time published as requiring special treatment or arrangement.

    AND if CARGO falls under any of the above then all relevant information must be provided.

3.5              ADVANCE ARRANGEMENTS: Prior to accepting CARGO listed in Articles 3.4 to 3.5, advance arrangements shall be required. SHIPPER shall comply with all requirements stipulated by CARRIER from time to time.

3.6              ADVANCE DETAILS: Details to be given in relation to advance arrangements must indicate the nature and characteristics of the goods,  place of departure, place of destination, routing and probable date of movement, and shall request advice as to whether or not the consignment will be accepted.

3.7              PACKING, MARKING OF CARGO: 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 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 so as to identify the SHIPPER and CONSIGNEE. CARGO not packed in accordance with IATA/ICAO regulations or other applicable laws or with incorrectly, uncompleted or inappropriate documentation (including but not limited to customs or equivalent documentation or declarations or other importation or exportation paperwork) or improper packaging may not be carried. CARRIER reserves the right to refuse the transportation of CARGO that is not suitably packed, marked and/or documented.

3.8              RESPONSIBILITY FOR NON-OBSERVANCE OF CONDITIONS RELATING TO CARGO: Notwithstanding that CARRIER may at its sole discretion effect the CARRIAGE of CARGO that is prohibited or subject to additional rules, regulations or requirements, responsibility for non-observance of the conditions relating to the CARRIAGE of CARGO rests upon the SHIPPER who shall indemnify CARRIER for any loss, damage, delay, liability or penalties CARRIER may incur because of CARRIAGE of any such CARGO.

3.9              CARRIER'S RIGHT TO INSPECTION: CARRIER reserves the right to examine the packaging and contents of all SHIPMENTS and to enquire into the correctness or sufficiency of information or documents tendered in respect of any SHIPMENT but CARRIER shall be under no obligation to do so.

3.10           UNIT LOAD DEVICES: When SHIPPER undertakes to load a unit load device (ULD), SHIPPER must comply with CARRIER's loading instructions and shall be liable for and indemnify CARRIER against all consequences of any non-compliance with such instructions. In the event that SHIPPER uses or otherwise takes control of CARRIER’s ULD, SHIPPER shall as a prerequisite execute CARRIER’s standard terms and conditions therefore or, if not executed, shall pursuant to these General Conditions of Carriage shall be deemed to have inspected and agreed to the same.

4.                 ARTICLE 4 - DOCUMENTATION

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4.1              AIR WAYBILL: The SHIPPER shall make out or have made out on SHIPPER’s behalf, an AIR WAYBILL in the form, manner and number of copies prescribed by CARRIER, and shall deliver such AIR WAYBILL 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 AIR WAYBILL by CARRIER. CARRIER may require the SHIPPER to make out, or have made out on his behalf, separate AIR WAYBILLS when there is more than one package.

4.2              SHIPMENT RECORD: CARRIER, with the express or implied consent of the SHIPPER, if required by the APPLICABLE CONVENTION, may substitute for the delivery of an AIR WAYBILL a SHIPMENT RECORD to preserve a record of the CARRIAGE to be performed.  If such SHIPMENT RECORD is used CARRIER shall, if so requested by the SHIPPER, deliver to the SHIPPER in accordance with CARRIER's regulations a receipt for the CARGO permitting identification of the SHIPMENT and access, in accordance with CARRIER's regulations, to the information contained in the SHIPMENT RECORD.

4.3              APPARENT CONDITION / PACKING OF THE CARGO: If the apparent order and condition of the CARGO and/or packing is in any way defective the SHIPPER shall, if an AIR WAYBILL is delivered, include on the AIR WAYBILL a statement of such apparent order and condition. If no AIR WAYBILL is delivered the SHIPPER shall advise CARRIER of the apparent order and condition of the CARGO, to enable CARRIER to insert an appropriate reference thereto in the SHIPMENT RECORD.  However, if the SHIPPER fails to include such statement in the AIR WAYBILL or to advise CARRIER of the apparent order and condition of the CARGO, or if such statement or advice is incorrect, CARRIER may include in the AIR WAYBILL or insert in the SHIPMENT RECORD a statement of the apparent order and condition of the CARGO, or note a correction thereto.

4.4              PREPARATION, COMPLETION OR CORRECTION BY CARRIER: CARRIER may at the request of the SHIPPER expressed or implied, make out the AIR WAYBILL in which event, subject to proof to the contrary, CARRIER shall be deemed to have done so on behalf of the SHIPPER. If the AIR WAYBILL handed over with the CARGO or if the particulars and statements relating to the CARGO furnished by or on behalf of the SHIPPER to CARRIER for insertion in the SHIPMENT RECORD do not contain all the required particulars, or if the AIR WAYBILL or such particulars or statements contain any error, CARRIER is authorized to complete or correct the AIR WAYBILL or particulars or statements to the best of CARRIER's ability without being under any obligation to do so.

4.5              RESPONSIBILITY FOR PARTICULARS: The SHIPPER is responsible for the correctness of the particulars and statements relating to the CARGO inserted by him or on his behalf in the AIR WAYBILL or furnished by him or on his behalf to CARRIER for insertion in the SHIPMENT RECORD. Where such information is provided by means of Electronic Data Interchange (EDI), it is the responsibility of the SHIPPER or the SHIPPER's agent to verify contents, accuracy and completeness of the EDI messages and subsequent messages according to the agreed standards and specifications.  The SHIPPER shall indemnify CARRIER against all damage suffered by him, or by any other person to whom CARRIER is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the SHIPPER or on his behalf.

4.6              ALTERATIONS: AIR WAYBILLs, the writing on which has been altered or erased, need not be accepted by CARRIER.

5.                 ARTICLE 5 - RATES AND CHARGES

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5.1              APPLICABLE RATES AND CHARGES: Rates and charges for CARRIAGE governed by these conditions are those agreed with SHIPPER or otherwise duly published by CARRIER and in effect on the date of the contract of carriage has been concluded.

5.2              BASIS OF RATES AND CHARGES: Rates and charges will be based on the units of measurement agreed or otherwise subject to the rules and conditions published in CARRIER's regulations and rate tariffs.

5.3              SERVICES NOT INCLUDED IN PUBLISHED RATES AND CHARGES: Except as otherwise provided in CARRIER's regulations, rates and charges apply only from airport to airport and do not include any ancillary service given by CARRIER in connection with the air CARRIAGE.

5.4              PAYMENT OF CHARGES: Rates and charges are agreed or otherwise published in the currency shown in the applicable rate tariffs, and maybe paid in any currency acceptable to CARRIER. When payment is made in a currency other than in the currency in which the rate or charge is published, such payment will be made at the rate of exchange established for such purpose by CARRIER. The provisions of this paragraph are subject to applicable exchange laws and government regulations.

5.5              LIABILITY TO PAY CHARGES: Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances and payments, made or incurred or to be incurred by CARRIER and any other sums payable to CARRIER, will be deemed fully earned, whether or not the CARGO is lost or damaged, or fails to arrive at the destination specified in the contract of CARRIAGE.  All such charges, sums and advances will be due and payable upon receipt of the CARGO by CARRIER, except that they may be collected by CARRIER at any stage of the service performed under the contract of CARRIAGE and may be collected at any time upon demand of CARRIER.

5.6              ANCILLARY CHARGES: The SHIPPER guarantees payment of the freight rate, storage charges and all other unpaid charges, unpaid CHARGES COLLECT, advances and disbursements of CARRIER. The SHIPPER also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which CARRIER may incur or suffer by reason of the inclusion in the SHIPMENT of articles the CARRIAGE of which is prohibited by Article 3.3.1 and where no special arrangement has been made and complied with, which is prohibited by law, or the illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or descriptions of the CARGO, or the absence, delay or incorrectness of any export or import licence or any required certificate or document, or any improper customs valuation, or incorrect statement of weight or volume. CARRIER shall have a lien on the CARGO for each of the foregoing and, in the event of non-payment thereof, shall have the right to dispose of the CARGO at public or private sale (provided that prior to such sale CARRIER shall have mailed notice thereof to the SHIPPER or to the CONSIGNEE at the address stated in the AIR WAYBILL) and to pay itself and any ancillary charges incurred as a consequence of the exercise of this right out of the proceeds of such sale any and all such amounts.  No such sale shall, however, discharge any liability to pay any deficiencies, 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.

5.7              INCORRECT WEIGHT ETC.: If the gross weight, measurement, quantity or declared value of the CARGO exceeds the gross weight, measurement, quantity or declared value on which charges for CARRIAGE have been previously computed, CARRIER shall be entitled to require payment of the charge on such excess.

5.8              CHARGES COLLECT:  CHARGES COLLECT SHIPMENT’s will not be accepted. CARRIER shall not be required to accept bookings for or carry CHARGES COLLECT consignments or SHIPMENTS unless:

    5.8.1              within the country or jurisdiction in which the Air Waybill was made available or sold, an applicable tariff has been published by CARRIER dealing specifically with the sale of CHARGES COLLECT consignments, or in other locations where it gives its express prior written consent in other than standard form documentation and prior arrangements have been expressly agreed, and then only on terms as it shall specify from time to time; and

    5.8.2              regulations permit the conversions of funds into other currencies or the transfer of funds to other countries, in which event CARRIER nevertheless reserves the right to refuse SHIPMENT's on a CHARGES COLLECT basis.

5.9              PAYMENT DATE: Unless otherwise specifically agrees in writing, all charges applicable to a SHIPMENT are payable in cash at the time of acceptance thereof by the CARRIER in the case of a prepaid SHIPMENT, i.e. a SHIPMENT on which the charges are to be paid by the SHIPPER, or at the time of delivery thereof by the CARRIER in the case of a collect SHIPMENT, i.e. a SHIPMENT on which the charges are to be paid by the CONSIGNEE.

5.10           SHIPMENT CANCELLATION: CARRIER may cancel the CARRIAGE of the SHIPMENT upon refusal by the SHIPPER, after demand by CARRIER, to pay the charges or portion thereof so demanded, without CARRIER being subject to any liability therefore.

6.                 ARTICLE 6 - SHIPMENTS IN COURSE OF CARRIAGE

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6.1              COMPLIANCE WITH GOVERNMENT REQUIREMENTS: The SHIPPER shall comply with all applicable laws, customs and other government regulations of any country to, from, through or over which the CARGO may be carried, including those relating to the packing, CARRIAGE or delivery of the CARGO, and shall, together with the SHIPMENT, furnish such information and deliver such documents as may be necessary to comply with such laws and regulations. CARRIER shall not be obliged to inquire into the correctness or sufficiency of such information or documents. CARRIER shall not be liable to the SHIPPER or any other person for loss or expense due to SHIPPER's failure to comply with this provision. The SHIPPER shall be liable to CARRIER for any damage occasioned by the failure of the SHIPPER to comply with this provision. CARRIER shall not be liable for refusing to carry any SHIPMENT IF CARRIER reasonably determines in good faith that such refusal is required by any applicable law, government regulation, demand, order or requirement.

6.2              DISBURSEMENTS AND CUSTOMS FORMALITIES: CARRIER is authorized (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursement with respect to the CARGO and the SHIPPER and by taking delivery or exercising any other right arising out of the contract for CARRIAGE the CONSIGNEE shall be jointly and severally liable for the reimbursement thereof. No CARRIER shall be under obligation to incur any expense or make any advance in connection with the forwarding or re-forwarding of the CARGO except against prepayment by the SHIPPER. If it is necessary to make customs entry of the CARGO at any stopping place, and no customs clearance agent has been named on the face of the AIR WAYBILL or in the SHIPMENT RECORD, the CARGO shall be deemed to be consigned to the CARRIER carrying the CARGO to such place. For any such purpose a copy of the AIR WAYBILL, or of the SHIPMENT RECORD, certified by the CARRIER, shall be deemed original.

6.3              SCHEDULES, ROUTINGS AND CANCELLATIONS: Unless specifically agreed otherwise and so indicated in the AIR WAYBILL or SHIPMENT RECORD, CARRIER undertakes to carry the CARGO with reasonable despatch but assumes no obligation to carry the CARGO by any specifed aircraft or over any particular route or routes, or to make connections at any point according to any particular schedule. Times shown in CARRIER's timetables or elsewhere are approximate and not guaranteed and form no part of the contract of CARRIAGE.  No time is fixed for commencement or completion of CARRIAGE or delivery of CARGO.  CARRIER is hereby authorised to 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 or in the SHIPMENT RECORD.  CARRIER is not responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representative of CARRIER is authorized to bind CARRIER by any statements or representations of the dates or times of departure of arrival, or of operation of any flight.

6.4              OTHER MEANS, POSTPONEMENT, TERMINATION AND DELAY: CARRIER is authorized to carry the consignment without notice wholly or partly by any other means of transportation or to arrange such CARRIAGE. If it considers that it would be advisable to do so because of any fact beyond its control or not reasonably to be foreseen, anticipated, or predicted at the same time the CARGO was accepted; or if it reasonably considers that any other circumstances so require, taking into account the interests of the SHIPPER, CARRIER reserves the right without notice, to 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. Provided that no regulations/laws to the contrary are applicable, in the event any flight is, pursuant to this Article, 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, CARRIER shall only be liable for its own gross negligence and wilful misconduct. In the event the CARRIAGE of the SHIPMENT or any part thereof is so terminated, delivery thereof by CARRIER to any transfer agent for transfer or delivery or the placing of such SHIPMENT in storage shall be deemed complete delivery under the contract of CARRIAGE, and CARRIER shall be without any further liability with respect thereto, except to give notice or the disposition of the SHIPMENT to the SHIPPER or to the CONSIGNEE, at the address stated in the AIR WAYBILL or SHIPMENT RECORD. CARRIER may, but shall not be obligated to, forward the SHIPMENT for CARRIAGE by any other route or forward the SHIPMENT as agent for the SHIPPER or the CONSIGNEE for onward CARRIAGE by any transportation service on behalf of the SHIPPER or the CONSIGNEE. The cost of doing so attaches to the CARGO.

6.5              CARGO PRIORITY: Unless otherwise agreed, and subject to applicable laws, regulations and orders, CARRIER is authorised to determine the priority of CARRIAGE as between SHIPMENT’s, and as between CARGO and mail or passengers. CARRIER may likewise decide to remove any articles from a SHIPMENT, at any time or place whatsoever, and to proceed with the flight without them. If as a result of determining such priority, CARGO is not carried or CARRIAGE thereof is postponed or delayed or if any articles are removed from a SHIPMENT, CARRIER will not be liable to SHIPPER or CONSIGNEE or to any other party for any consequences therefore.

6.6              CERTAIN RIGHTS OF CARRIER OVER SHIPMENT IN COURSE OF CARRIAGE: If in the opinion of CARRIER it is necessary to hold the SHIPMENT at any place for any reasonable purpose, either before, during or after CARRIAGE, 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 CARRIER may deliver the SHIPMENT to another transportation service for onward CARRIAGE to the CONSIGNEE. The SHIPPER shall indemnify CARRIER against any expense or risk so incurred.

7.                 ARTICLE 7 - SHIPPER'S RIGHT OF DISPOSITION

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7.1              EXERCISE OF 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 SHIPMENT under a single AIR WAYBILL, or under a single SHIPMENT RECORD. The right of disposition over the CARGO may only be exercised if the SHIPPER or such agent produces the part of the AIR WAYBILL which was delivered to him, or communicates such other form of authority as may be prescribed by CARRIER. 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 AIR WAYBILL or in the SHIPMENT RECORD.

7.2              SHIPPER'S OPTION: To the extent permitted by law and applicable convention, and subject to SHIPPER”s liability to carry out all SHIPPER’s obligations under the contract of CARRIAGE and provided that this right of disposition is not exercised in such a way as to prejudice CARRIER or other SHIPPER’s, or the CONSIGNEE's right to delivery, the SHIPPER may at his own expense dispose of the CARGO either:

    7.2.1              by withdrawing it at the airport of departure; or

    7.2.2              by stopping it in the course of the journey on any landing; or

    7.2.3              by calling for it in course of the journey to be delivered at the place of destination to a person other than the CONSIGNEE named in the AIR WAYBILL or SHIPMENT RECORD; or

    7.2.4              by requiring it to be returned to the airport of departure;

Provided that if, in the opinion of CARRIER, it is not reasonably practicable to carry out the order of the SHIPPER, CARRIER shall so inform him promptly and CARRIER shall thenceforth be under no obligation to carry out any such order.

7.3              PAYMENT OF EXPENSES: The SHIPPER shall be liable for and shall indemnify CARRIER for all loss or damage suffered or incurred by CARRIER as a result of the exercise of his right of disposition. The SHIPPER shall reimburse CARRIER for any expenses occasioned by the exercise of his right of disposition.

7.4              EXTENT OF SHIPPER'S RIGHT: Provided that no regulations to the contrary are applicable, the SHIPPER's right of disposition shall cease at the moment when, after arrival of the CARGO at the destination, the CONSIGNEE takes possession or requests delivery of the CARGO or AIR WAYBILL, or otherwise shows his acceptance of the CARGO. Nevertheless, if the CONSIGNEE declines to accept the AIR WAYBILL or the CARGO, or if he cannot be communicated with, such right of disposition shall continue to vest in the SHIPPER.

8.                 ARTICLE 8 - delivery

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8.1              NOTICE OF ARRIVAL: Notice of arrival of the SHIPMENT will, in the absence of other instructions, be sent to the CONSIGNEE and any other person whom CARRIER has agreed to notify as evidenced in the AIR WAYBILL or SHIPMENT RECORD; such notice will be sent by ordinary methods. CARRIER is not liable for non-receipt or delay in receipt of such notice.      

8.2              DELIVERY OF SHIPMENT: Except as otherwise specifically provided in the AIR WAYBILL or SHIPMENT RECORD, delivery of the SHIPMENT will be made only to the CONSIGNEE named therein, or his agent. Delivery to the CONSIGNEE shall be deemed to have been effected:

    8.2.1              when CARRIER has delivered to the CONSIGNEE or his agent any authorization from CARRIER required to enable the CONSIGNEE to obtain release of the SHIPMENT; and

    8.2.2              when the SHIPMENT has been delivered to customs or other government authorities as required by applicable law or customs regulation.

8.3              PLACE OF DELIVERY: Except provided in 9.3, the CONSIGNEE must accept delivery of and collect the SHIPMENT at the airport of destination or the respective facility as designated by the CARRIER.

8.4              FAILURE OF CONSIGNEE TO TAKE DELIVERY: Subject to the provisions of Article 8.5 hereof, if the CONSIGNEE refuses or fails to take delivery of the SHIPMENT after its arrival at the airport of destination, CARRIER will endeavour to comply with any instructions of the SHIPPER set forth on the face of the AIR WAYBILL, or in the SHIPMENT RECORD. If such instructions are not so set forth or cannot reasonably be complied with, CARRIER shall notify the SHIPPER of the CONSIGNEE's failure to take delivery and request his instructions. If no such instructions are received within thirty (30) DAYS, CARRIER may sell the SHIPMENT in one or more lots at public or private sale, or destroy or abandon such SHIPMENT. The SHIPPER is liable for all charges and expenses resulting from or in connection with the failure to take delivery of the SHIPMENT, including, but not limited to, storage charges and CARRIAGE charges incurred in returning the SHIPMENT if so required by the SHIPPER's instructions. If the SHIPMENT is returned to the airport of departure and the SHIPPER refuses or neglects to make such payments within fifteen (15) DAYS after such return, CARRIER may dispose of the SHIPMENT or any part thereof at public or private sale after giving the SHIPPER ten (10) DAYS notice of its intention to do so.

8.5              DISPOSAL OF PERISHABLES: When a SHIPMENT containing perishable articles is delayed in the possession of CARRIER, is unclaimed or refused at place of delivery, or for other reason is threatened with deterioration, CARRIER may immediately take such steps as it sees fit for the protection of itself and other parties in interest, including but not limited to the destruction or abandonment of all or any part of the SHIPMENT, the sending of communications for instructions at the cost of the SHIPPER, the storage of the SHIPMENT or any part thereof at the risk and cost of the SHIPPER, or the disposition of the SHIPMENT or any part thereof at public or private sale without notice. In the event of the sale of the SHIPMENT as provided for above, either at the place of destination or at the place to which the SHIPMENT has been returned, CARRIER is authorized to pay to itself and other transportation services out of the proceeds of such sale all charges, advances, and expenses of CARRIER and other transportation services plus costs of sale, holding any surplus subject to the order of the SHIPPER. A sale of any SHIPMENT shall, however not discharge the SHIPPER and/or owner of any liability hereunder to pay any deficiencies.

8.6              RESPONSIBILITY FOR CHARGES: By accepting delivery of the SHIPMENT the CONSIGNEE shall become liable for payment of all costs and charges in connection with the CARRIAGE. Unless otherwise agreed the SHIPPER shall not be released form his own liability for these costs and charges and will remain jointly and severally liable with the CONSIGNEE. CARRIER may make delivery of the SHIPMENT or the AIR WAYBILL conditional upon payment of these costs and charges.

9.                 ARTICLE 9 - PICK-UP AND DELIVERY SERVICES

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9.1              SHIPMENTS: SHIPMENTS are accepted for CARRIAGE from their receipt at CARRIER's CARGO terminal or airport office at the place of departure to the airport at the place of destination or the respective facility as designated by the CARRIER.

9.2              AVAILABILITY OF SERVICE: A PICK-UP SERVICE and DELIVERY SERVICE may be available at the points, to the extent and subject to the rates and charges established for such services in accordance with the applicable regulations published by CARRIER.

9.3              REQUEST FOR SERVICE: PICK-UP SERVICE, if available, will be provided when requested by the SHIPPER. Except when otherwise provided by CARRIER's tariffs, DELIVERY SERVICE may be provided unless contrary instructions are given by the SHIPPER or by the CONSIGNEE. Such contrary instructions must be received by CARRIER prior to removal of the SHIPMENT from CARRIER's airport terminal at destination.

9.4              SHIPMENT FOR WHICH SERVICE IS UNAVAILABLE: PICK-UP SERVICE and DELIVERY SERVICE will not be provided by CARRIER without special arrangement for any SHIPMENT which, in the opinion of CARRIER, because of its volume, nature, value or weight is impractical for CARRIER to handle in normal course.

9.5              LIABILITY: If PICK-UP SERVICE or DELIVERY SERVICE is performed by or on behalf of CARRIER, such transportation shall be upon the same terms as to liability as set forth in Article 11 hereof unless otherwise provided by mandatory regulations.

10.              ARTICLE 10 – SUCCESSIVE CARRIER’S

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10.1           SUCCESSIVE: CARRIAGE to be performed under one contract of CARRIAGE by several successive CARRIER’s is regarded as a single operation.

11.              ARTICLE 11 - CARRIER'S LIABILITY

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11.1           TIME OF DAMAGE: CARRIER is liable to the SHIPPER, CONSIGNEE or any other person for damage sustained in the event of destruction or loss of, or damage to, or delay in the CARRIAGE of CARGO only if the occurrence which caused the damage so sustained took place during the CARRIAGE as defined under Article 1.

11.2           LIMITATION: To the extent provided by APPLICABLE CONVENTION, CARRIER's liability shall be limited to the amount stipulated in such APPLICABLE CONVENTION notwithstanding the existence of gross negligence or willful misconduct on the part of the CARRIER.

11.3           LIABILITY: Except as may be otherwise provided for in any APPLICABLE CONVENTION, CARRIER is not liable to the SHIPPER, 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 CARRIER or its AGENT’s, unless such damage, delay or loss is proved to have been caused by the gross negligence or wilful misconduct of CARRIER.

11.4           INHERANT VICE: CARRIER is not liable if the destruction, loss of or damage to CARGO is proved to have resulted solely from the inherent defect, quality, nature or vice of that CARGO.

11.5           ANIMALS: If CARRIER agrees to carry animals CARRIER will not be liable for any loss, damage or expense arising from death due to natural causes or death or injury of any animal caused by the conduct or acts of the animal itself or of other animals such as biting, kicking, goring or smothering, nor for that caused or contributed to by the condition, nature or propensities of the animal, or by defective packing of the animal, or by the inability of the animal to withstand unavoidable changes in its physical environment inherent in the CARRIAGE.

11.6           CONSEQUENTIAL LOSS: To the extent not in conflict with applicable law, the CARRIER shall not be liable in any event for any consequential loss or damage arising from CARRIAGE subject to these conditions, whether or not CARRIER had knowledge that such loss or damage might be incurred.

11.7           CONTRIBUTORY NEGLIGENCE: Contributory negligence on the part of the SHIPPER, CONSIGNEE or other claimants releases the CARRIER of its liability to the extent provided by APPLICABLE CONVENTION and applicable law.

11.8           LIABILITY AMOUNTS: For CARRIAGE to which the Montreal Convention does not apply, CARRIER's liability limitation for CARGO destroyed, lost, damaged, or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any APPLICABLE CONVENTION. If, with the agreement of the CARRIER, the SHIPPER has made a special declaration of value for CARRIAGE and has paid the supplementary sum applicable, it is agreed that any liability shall in no event exceed such declared value for CARRIAGE stated on the face of the AIR WAYBILL or included in the SHIPMENT RECORD.  All claims shall be subject to proof of value.

11.9       WEIGHT CALCULATION:

    11.9.1      In the case of loss, damage or delay of part of the SHIPMENT, or of any object contained therein, the weight to be taken into consideration in determining the amount to which CARRIER's liability is limited shall be only the weight of the package or packages concerned. In the absence of proof to the contrary, the value of any such part of the SHIPMENT lost, damaged or delayed, as the casemay be, shall be determined by reducing the total value of the SHIPMENT in the proportion damaged or delayed has to the total weight of the SHIPMENT.

    11.9.2     Notwithstanding any other provisions, for “foreign air transportation” as defined by the U.S. Transportation Code:

        11.9.2.1    in the case of loss of, damage or delay to a SHIPMENT, the weight to be used in determiningCARRIER's limit of liability shall be the weight which is used to determine thecharge for CARRIAGE of such SHIPMENT; and

        11.9.2.2    in the case of loss of, damage or delay to a part of a SHIPMENT, the SHIPMENT weight in 11.9.2.1 shall be prorated to the packages covered by the same AIR WAYBILL whose weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

11.10    SHIPPER DAMAGE TO OTHER CARGO: The SHIPPER, and to the extent permitted by applicable law, the owner and CONSIGNEE, whose property or SHIPMENT causes damage to or destruction of another SHIPMENT or of the property of CARRIER, shall indemnify CARRIER for all losses and expenses incurred by CARRIER as a result thereof. CARGO which, because of inherent defect, quality or vice or because of defective packing, is likely to endanger aircraft, persons or property may be abandoned or destroyed by CARRIER at any time without notice and without liability therefor attaching to CARRIER.

11.11        THIRD PART AIR WAYBILL: A CARRIER issuing an AIR WAYBILL for CARRIAGE over the lines of another CARRIER does so only as agent for such other CARRIER. Any reference in a SHIPMENT RECORD to CARRIAGE to be performed by another CARRIER shall be deemed to refer to CARRIAGE to be provided as principal by such other CARRIER. No CARRIER shall be liable for the loss, damage or delay of CARGO not occurring on its own line except that the SHIPPER shall have a right of action for such loss, damage or delay on the terms herein provided against the first CARRIER and the CONSIGNEE or other person entitled to delivery shall have such a right of action against the last CARRIER under the contract of CARRIAGE.

11.12        AGENTS ETC.: Whenever the liability of CARRIER is excluded or limited under these conditions, such exclusion or limitation shall apply to agents, servants or representatives of CARRIER and also to any CARRIER whose aircraft or other means of transportation is used for CARRIAGE.

12.              ARTICLE 12 - LIMITATIONS ON CLAIMS AND ACTIONS

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12.1           GOOD RECEIPT: 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.

12.2           NOTIFICATION OF COMPLAINT: No action shall be maintained in the case of loss or damage to goods unless a complaint is made to CARRIER in writing by the person entitled to delivery. Such complaint shall be made:

    12.2.1           in the case of visible damage to or partial loss of the goods, immediately after its discovery and at the latest within fourteen (14) DAYS from the date of receipt of the goods;

    12.2.2           in the case of other damage to the goods, within fourteen (14) DAYS from the date of receipt of the goods;

    12.2.3           in the case of delay within twenty-one (21) DAYS from the date on which the goods were placed at the disposal of the person entitled to delivery;

    12.2.4           in the case of non-delivery of the goods, within one hundred and twenty (120) DAYS of the date the goods ought to have arrived at destination.

12.3           Time limitation: The right to damages shall be extinguished if an action is not brought within 2 years, reckoned 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 transportation stopped.  The method of calculating that period shall be determined by the law of the court seized of the case.

13.              ARTICLE 13 – OVERRIDING LAW

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13.1           LAWS: To the extent that any provision contained or referred to herein is contrary to anything contained in the APPLICALBLE CONVENTION, and in applicable laws, government regulations, orders or requirements, that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision contained herein. These Terms and Conditions shall otherwise, unless required by applicable law, be subject to the laws of England and Wales and shall be subject to the jurisdiction of the Courts of London, England.

14.              ARTICLE 14 - MODIFICATION AND WAIVER

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14.1           MODIFICATION: No agent, servant or representative of CARRIER has authority to alter, modify or waive any provision of the contract of CARRIAGE or of these conditions.

15.              ARTICLE 15 – PARTIES

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15.1           These General Conditions of Carriage have been adopted by the following companies acting in their capacity as an airline:

    15.1.1           European Air Transport Leipzig GmbH, a company registered in Germany with its business address at August-Euler-Strasse 1, 04435 Schkeuditz, Germany ; formerly European Air Transport N.V./S.A., a company registered in Belgium; with its business address at Building 4-5, Brussels Airport, 1930 Zaventem, Belgium;

    15.1.2           DHL International BSC(c), a Bahraini registered company with its address at P.O. Box 5741, Manama, Bahrain;

    15.1.3           DHL Aviation EEMEA B.S.C.(c), a Bahraini registered company with its address at Office No. 061, 6th Floor, National Bank of Bahrain Tower, Government Avenue, Manama, Kingdom of Bahrain:

    15.1.4           DHL Aero Expreso S.A., a Panamanian registered company with its address at PO Box 6-947, Calle 50 y Via Israel, La Colmena, No. 9, El Dorado, Panama City, Panama:

    15.1.5           DHL De Guatamala S.A., a Guatamalan registered company with its address at 10 Avenida 6-75, Zona 13, 01013, Guatemala:

    15.1.6           Vensecar Internacional CA, a Venezuelen registered company with its address at Terminal Aviación Gen, Aeropuerto Internacional de Maiquetía, Maiquetia, Venezuela:

    15.1.7           Transam del Ecuador (Aero Express Del Ecuador), an Ecuadorian registered company with its address at Av. de las Americas 200 metros antes del Aeropuerto, Simon Bolivar, Guayaquil, Ecuador.

And in this respect these General Conditions of Carriage shall apply to CARRIAGE effected pursuant to AIR WAYBILL’s issued by them or on their behalf.

Source: IATA Recommended Practice 1601 CSC(26) (Amended)
Last update: May 16th, 2013