NOTICE
CONCERNING CARRIERS’ LIMITATION OF LIABILITY
If
the carriage involves an ultimate destination or stop in a country
other than the country of departure, the Warsaw Convention or the
Montreal Convention may be applicable and in most cases limit the
liability of the Carrier in respect of loss of, damage or delay to
cargo. Depending on the applicable regime, and unless a higher
value is declared, liability of the Carrier may be limited to 17
Special Drawing Rights per kilogram or 250 French gold francs per
kilogram, converted into national currency under applicable law.
Carrier will treat 250 French gold francs to be the conversion
equivalent of 17 Special Drawing Rights unless a greater amount is
specified in the Carrier's conditions of carriage.
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 neither the Warsaw Convention nor the Montreal
Convention applies, Carrier’s liability limitation shall not be
less than the per kilogram monetary limit set out in Carrier’s
tariffs or general conditions of carriage for cargo lost, damaged or
delayed, provided that any such limitation of liability in an amount
less than 17 SDR per kilogram will not apply for carriage to or from
the United States.
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 authorised 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.
