General Terms & Conditions

ARTICLE 1 - DEFINITIONS

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”. The document entitled “Air Waybill” 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.

1.3 “APPLICABLE CONVENTION”. Unless the context requires otherwise, whichever of the following instruments is applicable to the contract of 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.

1.4 “CARGO” (which is equivalent to the term “Goods”). Anything carried or to be carried in an aircraft except mail, or baggage carried under a passenger ticket and baggage check, but includes baggage 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 another means of transport, whether gratuitously or for reward.

1.6 “CARRIER”. Includes the air carrier issuing the air waybill or preserving 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”. The charges 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”. 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 “PICK-UP SERVICE”. The surface carriage of outbound shipments from the point of pick-up at the address of the shipper or that of his designated agent to the airport of departure, including any incidental surface carriage between airports.

1.12 “SHIPMENT” (which is equivalent to the term “Consignment”). Except as otherwise provided herein, one or more packages, pieces or bundles of cargo accepted by carrier from one shipper at one time and 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.

1.13 “SHIPMENT RECORD”. Any record of the contract if carriage preserved by carrier, evidenced by means other than an air waybill.

1.14 “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.

1.15 “SPECIAL DRAWING RIGHT”. A Special Drawing Right as defined by the International Monetary Fund.

ARTICLE 2 - APPLICABILITY

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 (see 1.3) such carriage shall be subject to the provisions of the applicable Convention and to these conditions to the extent that these conditions are not inconsistent with the provisions of such Convention.

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 a 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 time tables (but not the times of departure and arrival therein specified) of carrier which may be inspected at any of its offices and at airports from which it operates regular services.

2.3 Application to United States and Canada. These conditions do not apply to carriage between places in the United States or in Canada or between a place in the United States or in Canada and any place outside thereof to which tariffs in force in those countries apply. The tariffs applicable to such carriage are available for inspection at the offices of carrier.

2.4 Gratuitous carriage. With respect to gratuitous carriage, carrier reserves the right to exclude the applicable of all or any part of these conditions.

2.5 Charters. With respect to carriage of cargo performed pursuant to a charter agreement with carrier, such carriage shall be subject to carrier’s charter tariffs applicable thereto (if any) and these conditions shall not apply except to the extent provided in said charter tariff. Where carrier has no charter tariff applicable to such charter agreement, these conditions shall apply to such agreement except that carrier reserves the right to exclude the application of all or any part of these conditions and, in case of divergence between the applicable provisions of these conditions and the conditions contained or referred to in the charter agreement, the latter shall prevail and the shipper, by accepting carriage
pursuant to a charter agreement, whether or not concluded with the shipper, agrees to be bound by the applicable terms thereof.

2.6 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 issuance of the air waybill by carrier or after the date the rate or charge for the carriage has been entered in the shipment record.

2.7 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 issuance of the air waybill by carrier or on the date of the shipment record, whichever is applicable, provided that in the event of inconsistency between these conditions and carrier’s rules, regulations and tariffs, these conditions shall prevail.

ARTICLE 3 - ACCEPTABILITY OF GOODS FOR CARRIAGE

3.1 Cargo acceptable

3.1.1 Carrier undertakes to transport, subject to the availability of suitable equipment and space, all shipments, unless otherwise excluded by carrier’s regulations and provided:

3.1.1.1 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;

3.1.1.2 they are packed in a manner suitable for carriage by aircraft;

3.1.1.3 they are accompanied by the requisite shipping documents;

3.1.1.4 they are not likely to endanger aircraft, persons or property, or cause annoyance to passengers.

3.1.2 Carrier reserves the right without assuming any liability to refuse carriage of cargo when circumstances so require.

3.2 Valuation limit of shipment. Carrier may refuse carriage of shipments having a declared value for carriage in excess of the amount specified in carrier’s regulations.

3.3 Packing and marking of cargo

3.3.1 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 with the name and full address of the shipper and consignee.

3.3.2 Packages containing valuables as defined in carrier’s regulations must be sealed if so requested by carrier.

3.4 Cargo acceptable only under prescribed conditions. Dangerous goods, live animals, perishables, fragile goods, human remains, and other special cargo are acceptable only under the conditions set forth in carrier’s regulations applicable to the carriage of such cargo.

3.5 Responsibility for non-observance of conditions relating to special cargo. 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.

3.6 Carrier’s right of 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.

3.7 Unit Load Devices. When shipper undertakes to load a unit load device (ULD) he 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.

ARTICLE 4 - DOCUMENTATION

4.1 Air waybill. The shipper shall make out or have made out on his 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, 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 goods receipt 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 authorised 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, 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.