NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY
If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the
Warsaw Convention may be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of
liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.
CONDITIONS OF CONTRACT
1. In this contract and the Notices appearing hereon:
CARRIER includes the air carrier issuing this air waybill and all
carriers that carry or undertake to carry the cargo or perform any
other services related to such carriage.
SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as
defined by the International Monetary Fund.
WARSAW CONVENTION means whichever of the following
instruments is applicable to the contract of carriage: the
Convention for the Unification of Certain Rules Relating to
International Carriage by Air, signed at Warsaw, 12 October 1929;
that Convention as amended at The Hague on 28 September
1955; that Convention as amended at The Hague 1955 and by
Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.
MONTREAL CONVENTION means the Convention for the
Unification of Certain Rules for International Carriage by Air, done
at Montreal on 28 May 1999.
2./2.1 Carriage is subject to the rules relating to liability
established by the Warsaw Convention or the Montreal Convention
unless such carriage is not “international carriage” as defined by
the applicable Conventions.
2.2 To the extent not in conflict with the foregoing, carriage
and other related services performed by each Carrier are subject
to:
2.2.1 applicable laws and government regulations;
2.2.2 provisions contained in the air waybill, Carrier’s conditions of
carriage and related rules, regulations, and timetables (but not the
times of departure and arrival stated therein) and applicable tariffs
of such Carrier, which are made part hereof, and which may be
inspected at any airports or other cargo sales offices from which it
operates regular services. When carriage is to/from the USA, the
shipper and the consignee are entitled, upon request, to receive a
free copy of the Carrier’s conditions of carriage. The Carrier’s
conditions of carriage include, but are not limited to:
2.2.2.1 limits on the Carrier’s liability for loss, damage or
delay of goods, including fragile or perishable
goods;
2.2.2.2 claims restrictions, including time periods within
which shippers or consignees must file a claim or
bring an action against the Carrier for its acts or
omissions, or those of its agents;
2.2.2.3 rights, if any, of the Carrier to change the terms of
the contract;
2.2.2.4 rules about Carrier’s right to refuse to carry;
2.2.2.5 rights of the Carrier and limitations concerning
delay or failure to perform service, including
schedule changes, substitution of alternate Carrier
or aircraft and rerouting.
3. The agreed stopping places (which may be altered by
Carrier in case of necessity) are those places, except the place of
departure and place of destination, set forth on the face hereof or
shown in Carrier’s timetables as scheduled stopping places for the
route. Carriage to be performed hereunder by several successive
Carriers is regarded as a single operation.
4. For carriage to which the Montreal Convention does not
apply, Carrier’s liability limitation for cargo lost, damaged or
delayed shall be 19 SDRs per kilogram unless a greater
per kilogram monetary limit is provided in any applicable
Convention or in Carrier’s tariffs or general conditions of carriage.
5./5.1 Except when the Carrier has extended credit to the
consignee without the written consent of the shipper, the shipper
guarantees payment of all charges for the carriage due in
accordance with Carrier’s tariff, conditions of carriage and related
regulations, applicable laws (including national laws implementing
the Warsaw Convention and the Montreal Convention),
government regulations, orders and requirements.
5.2 When no part of the consignment is delivered, a claim with
respect to such consignment will be considered even though
transportation charges thereon are unpaid.
6./6.1 For cargo accepted for carriage, the Warsaw Convention
and the Montreal Convention permit shipper to increase the
limitation of liability by declaring a higher value for carriage and
paying a supplemental charge if required.
6.2 In carriage to which neither the Warsaw Convention nor
the Montreal Convention applies Carrier shall, in accordance with
the procedures set forth in its general conditions of carriage and
applicable tariffs, permit shipper to increase the limitation of liability
by declaring a higher value for carriage and paying a supplemental
charge if so required.
7./7.1 In cases of loss of, damage or delay to part of the cargo,
the weight to be taken into account in determining Carrier’s limit of
liability shall be only the weight of the package or packages
concerned.
7.2 Notwithstanding any other provisions, for “foreign air
transportation” as defined by the U.S. Transportation Code:
7.2.1 in the case of loss of, damage or delay to a shipment,
the weight to be used in determining Carrier’s limit of liability shall
be the weight which is used to determine the charge for carriage of
such shipment; and
7.2.2 in the case of loss of, damage or delay to a part of a
shipment, the shipment weight in 7.2.1 shall be prorated to the
packages covered by the same air waybill whose value is affected
by the loss, damage or delay. The 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.
8. Any exclusion or limitation of liability applicable to Carrier
shall apply to Carrier’s agents, employees, and representatives
and to any person whose aircraft or equipment is used by Carrier
for carriage and such person’s agents, employees and
representatives.
9. Carrier undertakes to complete the carriage with
reasonable dispatch. Where permitted by applicable laws, tariffs
and government regulations, Carrier may use alternative carriers,
aircraft or modes of transport without notice but with due regard to
the interests of the shipper. Carrier is authorized by the shipper to
select the routing and all intermediate stopping places that it
deems appropriate or to change or deviate from the routing shown
on the face hereof.
10. Receipt by the person entitled to delivery of the cargo
without complaint shall be prima facie evidence that the cargo has
been delivered in good condition and in accordance with the
contract of carriage.
10.1 In the case of loss of, damage or delay to cargo a written
complaint must be made to Carrier by the person entitled to
delivery. Such complaint must be made:
10.1.1 in the case of damage to the cargo, immediately after
discovery of the damage and at the latest within 14 days from the
date of receipt of the cargo;
10.1.2 in the case of delay, within 21 days from the date on which
the cargo was placed at the disposal of the person entitled to
delivery.
10.1.3 in the case of non-delivery of the cargo, within 120 days
from the date of issue of the air waybill, or if an air waybill has not
been issued, within 120 days from the date of receipt of the cargo
for transportation by the Carrier.
10.2 Such complaint may be made to the Carrier whose air
waybill was used, or to the first Carrier or to the last Carrier or to
the Carrier, which performed the carriage during which the loss,
damage or delay took place.
10.3 Unless a written complaint is made within the time limits
specified in 10.1 no action may be brought against Carrier.
10.4 Any rights to damages against Carrier shall be
extinguished unless an action is brought within two 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.
11. Shipper shall comply with all applicable laws and
government regulations of any country to or from which the cargo
may be carried, including those relating to the packing, carriage or
delivery of the cargo, and shall furnish such information and attach
such documents to the air waybill as may be necessary to comply
with such laws and regulations. Carrier is not liable to shipper and
shipper shall indemnify Carrier for loss or expense due to shipper’s
failure to comply with this provision.
12. No agent, employee or representative of Carrier has
authority to alter, modify or waive any provisions of this contract.
