Conditions of Carriage

Royal Jordanian Conditions of Carriage for Cargo

RECOMMENDED that, Members use the following Conditions of Carriage for Cargo for international air transportation:
Article 1 Definitions

1.1 Agent
means 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 cargo.

1.2 Air Waybill
(which is equivalent to the term “air consignment note”), means 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
means, unless the context requires otherwise, whichever of the following instruments is applicable to the contract  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 Cargowhich is equivalent to the term “goods“, means 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“ means carriage of cargo by air,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 in dertake to carry the cargo or to perform any other services related to such air carriage.

1.7 Charges Collect
means the charges entered an the air waybill or shipment record for collection from the consignee against delivery of the shipment.

1.8 Consignee
means 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.

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1.9 Days
means 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
means 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, including any incidental surface carriage between airports.

1.11 Pick-up Service
means 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 separture, including any incidental surface carriage between airports.

1.12 Shipment
which is equivalent to the term “consignment“ means, 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
means any record of the contract of carriage preserved by Carrier, evidenced by means other than on air waybill.

1.14 Shipper
which is equivalent to the term “Consignor“, means 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
means a Special Drawing Right as defined by the Right 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 Article 1: Definitions, under “Applicable Convention”) 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 Paragraph 2.1 of this Article 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

3“international carriage” as defined in the applicable Convention) government regulations, orders and equirements;
2.2.2 these Conditions and other applicable tariffs, rules, regulations and timetables (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 U.S.A. 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 application 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 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;

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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 air 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 special 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, on 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

5 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 an 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. 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.
Article 5 Rates and Charges
5.1 Applicable Rates and Charges
Rates and charges for carriage governed by these Conditions are those duly
published by Carrier and in effect on the date of the issuance of the air waybill by
Carrier, or an the date the rate or charge for the carriage has been entered in
the shipment record.
5.2 Basis of Rates and Charges
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Rates and charges will be based on the units of measurement and 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 Carriers' 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
5.4.1 Rates and charges are published in the currency shown in the applicable
rate tariffs, and may be 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 current statement of which is
available for inspection at Carrier's office where payment is made.
5.4.2 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.
5.4.3 The shipper guarantees payment of all 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 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 nonpayment
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 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.
5.4.4 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.
5.4.5 Charges collect shipments will be accepted only to countries listed in
Carrier's regulations and subject to the conditions contained therein. In any
event Carrier reserves the right to refuse shipments on a charges collect basis to
any country where regulations prevent the conversion of funds into other
currencies or the transfer of funds to other countries. Information on countries to
which charges collect service is available may be obtained from offices and
representatives of Carrier.
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5.4.6 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).
5.4.7 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 therefor.
Article 6 Shipments in Course of Carriage
6.1 Compliance with Government Requirements
6.1.1 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.
6.1.2 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 authorised (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 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 reforwarding 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
6.3.1 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. 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 specified aircraft or over any particular route
or routes, or to make connections at any point according to any particular
schedule. 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 authorised to bind
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Carrier by any statements or representations of the dates or times of departure
or arrival, or of operation of any flight.
6.3.2 Carrier may without notice substitute alternate carriers or other means of
carriage.
6.3.3 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, 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 time the cargo was
accepted; or if it considers that any other circumstances so require.
6.3.4 In the event any flight is so 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 canceled, diverted, postponed, delayed,
advanced or terminated, Carrier shall not be under any liability with respect
thereto. 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.
6.3.5 Subject to applicable government laws, regulations and orders, Carrier is
authorised to determine the priority of carriage as between shipments, 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 therefor.
6.4 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 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.
Article 7 Shipper's Right of Disposition
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's regulations. Instructions as to
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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
7.2.1 Subject to his liability to carry out all his obligations under the contract of
carriage and provided that this right of disposition is not exercised in such way
as to prejudice Carrier or other shippers, the shipper may at his own expense
dispose of the cargo either:
7.2.1.1 by withdrawing it at the airport of departure or of destination; or
7.2.1.2 by stopping it in the course of the journey on any landing; or
7.2.1.3 by calling for it to be delivered at the place of destination or in the course
of the journey to a person other than the consignee named in the air waybill or
shipment record; or
7.2.1.4 by requiring it to be returned to the airport of departure;
7.2.2 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.
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
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.
Article 8 Delivery
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 authorisation
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
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Except as provided in Article 9.3, the consignee must accept delivery of and
collect the shipment at the airport of destination.
8.4 Failure of Consignee to Take Delivery
8.4.1 Subject to the provisions of Paragraph 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 an 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 30 days, Carrier may sell
the shipment in one or more lots at public or private sale, or destroy or abandon
such shipment.
8.4.2 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, 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 days
after such return, Carrier may dispose of the shipment or any part thereof at
public or private sale after giving the shipper ten days notice of its intention to
do so.
8.5 Disposal of Perishables
8.5.1 When a shipment containing perishable articles as defined in Carrier's
regulations is delayed in the possession of Carrier, is unclaimed or refused at
place of delivery, or for other reasons 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.
8.5.2 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 authorised 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
By accepting delivery of the air waybill and/or 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 from 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.
Article 9 Pick-up and Delivery Services
9.1 Shipments
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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.
9.2 Availability of Service
Pick-up service and delivery service will 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 of 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
surface transportation shall be upon the same terms as to liability as set forth in
Article 11 hereof.
Article 10 Successive Carriers
10.1 Carriage to be performed under one contract of carriage by several
successive carriers is regarded as a single operation.
Article 11 Carrier's Liability
11.1
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 with caused the damage so sustained
took place during the carriage by air. For the purposes of this Article carriage by
air shall comprise the period during which the cargo is in the charge of the
carrier, or in the charge of its agent.
11.2
Except as may be otherwise provided 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, unless such damage, delay or loss
is proved to have been caused by the negligence or wilful default of Carrier and
there has been no contributory negligence on the part of the shipper, consignee
or other claimant.
11.3
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.
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11.4
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 by air.
11.5
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.
11.6
If the damage was caused or contributed to by the negligence or other wrongful
act or omission of the person claiming compensation, or the person from whom
he derives his rights, Carrier shall be wholly or partly exonerated from liability to
the claimant to the extent that such negligence or wrongful act or omission
caused or contributed to the damage.
11.7
Unless the shipper has made a special declaration of value for carriage and has
paid the supplementary sum applicable, liability of Carrier shall not exceed,
19 Special Drawing Rights, per kilogramme of cargo destroyed, lost damaged
or delayed. If the shipper has made a special declaration of value for carriage,
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.
11.8
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. Nevertheless, when the loss, damage or delay
of part of the shipment, or of an object contained therein, affects the value of
other packages covered by the same air waybill, the total weight of such package
or packages shall also be taken into consideration in determining the limit of
liability. In the absence of proof to
the contrary, the value of any such part of the shipment lost, damaged or
delayed as the case may be, shall be determined by reducing the total value of
the shipment in the proportion that the weight of that part of the shipment lost,
damaged or delayed has to the total weight of the shipment.
11.9
The shipper, owner and consignee whose property 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.
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11.10
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.
11.11
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 is used for carriage.
Article 12 Limitations on Claims and Actions
12.1
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
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 14 days from the date of receipt of the
goods;
12.2.2 in the case of other damage to the goods, within 14 days from the date of
receipt of the goods;
12.2.3 in the case of delay, within 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 120 days of the date of
issue of the air waybill or the date of the shipment record, whichever is
applicable.
12.3
Any right to damages against Carrier shall be extinguished unless an action is
brought within two years after the occurrence of the events giving rise to the
claim.
Article 13 Overriding Law
13.1
Insofar as any provision contained or referred to in the air waybill or shipment
record or these Conditions may be contrary to mandatory law, government
regulations, orders or requirements, such provision shall remain applicable to the
extent that it is not overridden thereby. The invalidity of any such provision shall
not affect any other part.
Article 14 Modification and Waiver
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14.1
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.

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