NOTICE:
Resolution 600b shall be effective on 17 March 2008; and simultaneously
Resolution 600b(II) shall be deemed rescinded on 17 March 2008.
AIR
WAYBILL – CONDITIONS OF CONTRACT
CSC(29)
600b
Expiry:
Indefinite
Type:
B
RESOLVED
that:
The
following Conditions of Contract and Notices be included on an Air
Waybill.
It
is agreed that the goods described herein are accepted in apparent good order
and condition (except as noted) for carriage
SUBJECT TO THE CONDITIONS OF CONTRACT ON THE REVERSE HEREOF. ALL GOODS MAY BE CARRIED BY ANY OTHER
MEANS INCLUDING ROAD OR ANY OTHER CARRIER UNLESS SPECIFIC CONTRARY INSTRUCTIONS
ARE GIVEN HEREON BY THE SHIPPER, AND SHIPPER AGREES THAT THE SHIPMENT MAY BE
CARRIED VIA INTERMEDIATE STOPPING PLACES WHICH THE CARRIER DEEMS
APPROPRIATE. THE SHIPPER’S
ATTENTION IS DRAWN TO THE NOTICE CONCERNING CARRIER’S LIMITATION OF
LIABILITY. Shipper may increase
such limitation of liability by declaring a higher value for carriage and paying
a supplemental charge if required.
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.
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.