Terms & conditions

“Agent” means any person who has authority, express or implied, to act for or on behalf of Carrier in relation to the Carriage of Cargo.

“Air Waybill” means the document entitled “Air Waybill” or “E- AirWaybill” (as the case may be) made out by or on behalf of the Shipper which evidences the contract between the Shipper and Carrier for the carriage of Cargo by the Carrier.

“Applicable 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 ("Warsaw Convention");

- The Warsaw Convention as amended at The Hague on 28^th September 1955;

- The Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975;

- The Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 2 of Montreal 1975;

- The Warsaw Convention as amended at The Hague 1955 and by Protocol No. 4 of Montreal 1975;

- The Guadalajara Supplementary Convention (1961);

-The Montreal Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Montreal, 28 May 1999.

“Cargo” means anything carried or to be carried in an aircraft or by means of surface transportation including but not limited to, road or rail vehicles, except mail or baggage carried under a passenger ticket and baggage check, but including baggage moving under an Air Waybill or Shipment Record.

“Carriage” means carriage of Cargo by air, or by surface transportation including, but not limited to, road or rail vehicles, whether gratuitously or for reward.

“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.

“Charges Collect” means the charges entered on the Air Waybill or Shipment Record for collection from the Consignee against delivery of the Shipment.

"Conditions of Carriage" means these conditions of carriage.

"Conditions of Contract" means those statements contained in or delivered with your Air Waybill, identified as such and which incorporate, by reference, these Conditions of Carriage.

“Consignee” means the person whose name appears on the Air Waybill or Shipment Record and to whom the Carrier will hand over the Shipment subject to other instructions.

“Customs Clearance Agent” means a customs broker or other agent of the Shipper or Consignee designated to perform customs clearance services.

"Damage" includes, but is not restricted to, loss of, damage to, or destruction of Cargo.  Additionally, it means damage occasioned by delay in the Carriage Cargo.

“Days” mean all seven days of every week; provided that, for the purpose of notification, the day upon which notice is dispatched shall not be counted.

“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.

"Force Majeure" means unusual and unforeseeable circumstances beyond Carrier's control, the consequences of which could not have been avoided even if all due care had been exercised.

“Pick Up Service” means 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.

“Shipment” 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.

“Shipment Record” means any record of the contract of carriage preserved by Carrier, evidenced by means other than an Air Waybill.

“Shipper” means the person whose name appears on the Air Waybill or Shipment Records, as the party contracting with the Carrier for the Carriage of Cargo.

“Special Drawing Right” and “SDR” means the composite unit of currency that is the official unit of exchange of the International Monetary Fund.

“Tariff” means the document setting out the amounts to be charged by Carrier for the carriage of Cargo (as may be amended from time to time in Carrier’s sole discretion).

2.1       General

2.1.1    These Conditions of Carriage are incorporated into the Air Waybill – Conditions of Contract and shall apply to all Carriage of Cargo including all services incidental thereto, performed by or on behalf of Carrier; provided that if such Carriage is “international carriage” as defined in the applicable Convention such Carriage shall be subject to the provisions of the applicable Convention and to the Air Waybill – Conditions of Contract and these Conditions of Carriage to the extent that they Conditions of Carriage are not inconsistent with the provisions of such Convention.

2.1.2    These Conditions of Carriage shall also apply, where appropriate, to the acceptance of Cargo on board by Carrier, whether or not that Cargo has been carried pursuant to a Contract of Carriage, and also to other special services provided by Carrier.

2.2       Applicable laws and Carrier’s Tariffs

            To the extent not in conflict with Article 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) and government regulations, orders and requirements;

2.2.2    these Conditions of Carriage and other applicable Tariffs, rules, regulations and schedules (but not the times of departure and arrival therein specified) of Carrier, which are available upon request from the Carrier.

2.3       Application to U.S.A. and Canada

            These Conditions of Carriage 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/rules in force in those countries apply.  Where such tariffs/rules apply these are available for inspection at the offices of the Carrier.

2.4       Gratuitous Carriage

            With respect to gratuitous Carriage, Carrier reserves the right to exclude the application of all or part of these Conditions of Carriage.

2.5       Charters

            With respect of Carriage of Cargo performed pursuant to a charter agreement with Carrier, such carriage shall be subject to Carrier’s Tariffs applicable thereto (if any) and these Conditions shall not apply except to the extent provided in said Tariff.  Where Carrier has no charter Tariff applicable to such charter agreement, these Conditions of Carriage shall apply to such agreement except that Carrier reserves the right to exclude the application of all or any part of these Conditions of Carriage 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 provided to the Shipper, agrees to be bound by the applicable terms thereof.

2.6       Change without notice

            These Conditions of Carriage and our Tariffs 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 Tariff or charge for the Carriage has been entered in the Shipment Record.

2.7       Effective rules

            All Carriage of Cargo governed by these Conditions of Carriage shall be subject to Carrier’s rules, 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 of Carriage and Carrier’s rules and Tariffs, these Conditions of Carriage shall prevail.

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 rules and applicable regulations and provided that:

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, or in the case of other means of transportation, by such other means of transportation;

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       Limit of valuation of Shipment

            Carrier may refuse Carriage of Shipments or parts of Shipments having a declared value for Carriage in excess of the amount specified in applicable regulations or Carrier’s rules.  Where a Shipment or group of Shipments is accepted for Carriage, Carrier may limit the value of a Shipment or group of Shipments that can be carried in one single aircraft.  If any Shipment or group of Shipments exceed such limit, it or they may not be carried in one aircraft but may be apportioned to more aircraft at Carrier's discretion.

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 and (where applicable) Carriage by other means of transportation so as to ensure that it can been carried safely with ordinary care in handling, without loss, damage or deterioration, 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    Shipments at risk from robbery or theft shall be neutrally packaged without indication of their contents.  Packages containing valuables as determined by must be sealed if so requested by Carrier, by a method approved by Carrier.

3.3.3    Dangerous goods must be marked as such in accordance with applicable laws and regulations.

3.4       Cargo acceptable only under prescribed conditions

3.4.1    Dangerous goods, live animals, perishables, fragile goods, human remains, and other special Cargo are acceptable only under the conditions set forth in Carrier’s rules and applicable regulations relevant to the Carriage of such Cargo.

3.4.2    Cargo of a sensitive or perishable nature which is liable to deteriorate or perish due to changes in climate, temperature or altitude, normal exposure, or length of time of Carriage, will be accepted provided that the Shipper, and all other parties with an interest in the Cargo recognise that, save to the extent provided for by Article 11, Carrier will not be responsible for, or liable to any person for, any loss, damage or deterioration due to the perishing or spoiling of any Cargo for any of such reasons, and provided further that Carrier does not accept any conditions which Shipper or his agent may seek to impose concerning the condition under which Cargo should be held or carried.

3.4.3    Furthermore, when a Shipment containing any article of the nature described above is delayed in the possession of the Carrier, is unclaimed or refused at place of delivery or for any other reason is threatened with deterioration, the Carrier may immediately take such steps as its sees fit for the protection of its own interests and those of any other person, including but not limited to the destruction or abandonment of all or any of the Cargo.

3.5       Responsibility for non-observance of Conditions relating to special Cargo

            Responsibility for non-observance of the Conditions of Carriage relating to the Carriage of special Cargo rests upon the Shipper, who shall indemnify the Carrier for any such 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 as to the correctness and sufficiency of information or documents tendered in respect of any Shipment by Carrier but shall be under no obligation to do so, and assumes no liability with regard to such inspection or enquiry.

3.7       Unit load devices

            When Shipper undertakes to load a unit load device he must comply with Carrier’s  instructions and shall be liable for and indemnify Carrier against all consequences of any non-compliance with such instructions.

4.1       Air Waybill

4.1.1    Unless Carrier agrees otherwise, 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.  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, or if the Cargo cannot be carried in one packing unit in one aircraft, or if the Cargo cannot be carried under a single Air Waybill without violation of government requirements or Carrier rules.

4.1.2    If Carrier provides for such possibility, the Air Waybill may be made out and/or stored in electronic form and signed by electronic signature as provided for by Carrier.  Upon handing over the Cargo, the Air Waybill must be physically available.  Carrier may electronically scan and store open accompanying freight documents, after which, Carrier is entitled to send accompanying freight documents requiring physical delivery directly to the place of destination, independent from the carriage of Cargo.

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 rules a Cargo receipt, permitting identification of the Shipment and access, in accordance with Carrier’s rules, 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 of the Cargo 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, but Carrier is under no obligation to do so.

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 or 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 the Carrier’s ability without being under any obligation to do so.  In circumstances where the Air Waybill is issued by a designated Agent of the Carrier, whether or not such Agent is also an agent of the Shipper, he is the Carrier’s Agent solely for the purpose of issuing the Air Waybill, and for no other purpose.

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 (EDI), 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 may be 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.  If accepted by Carrier, Carrier will be under no liability arising from, or in respect of, such alternations or erasures.

5.1       Applicable charges

            Charges for carriage governed by these Conditions are those in effect on the date of the issuance of the Air Waybill by Carrier, or on the date the rate or charge for the carriage has been entered in the Shipment Record.

5.2       Basis of charges

5.2.1    Charges will be based on the units of measurement and subject to the rules and conditions in Carrier’s rules and Tariff.

5.2.2    In addition to the rates and charges applied to the Cargo, Shipper may make a special declaration of value or interest for Carriage and pay a supplementary sum at the time of reservation.

5.3       Services not included in Published Rates and Charges

            Except as otherwise provided in Carrier’s Tariff, rates and charges apply only in respect of Carriage from airport to airport and do not include any ancillary service given by Carrier in connection with the Carriage, including but not limited to:

5.3.1    pick up, delivery and city terminal services to and from the airports from which the Carrier performs its services;

            5.3.2    storage fees;

            5.3.3    insurance fees;

            5.3.4    cash on delivery charges;

            5.3.5    advance charges;

            5.3.6    customs clearing charges incurred by any party;

5.3.7    taxes, duties, charges or fines imposed or collected by competent authorities;

            5.3.8    cost of repair of defective packaging;

5.3.9    rates and charges for the carriage, loading, re loading or return carriage of Cargo by other means of transportation, as well as rates and charges for return carriage to the place of departure;

5.3.10  surcharges;

5.3.11  any other similar services or charges.

5.4       Payment of charges

5.4.1    Rates and charges are published in the currency shown in the applicable Tariffs, and may be paid in any currency acceptable to Carrier.  When payment is made in a currency other than 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 provisions of this paragraph are subject to applicable exchange laws and government regulations.

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 on 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 in the case of 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 any non-payment thereof, shall have the right to dispose of the Cargo at public or private sale, (provided that prior to such sale Carrier shall have given 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 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 by prior written agreement with Carrier and shall be subject to any additional conditions imposed by Carrier.   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 into other countries.  Information on countries to which Charges Collect service is available, may be obtained from the Carrier upon request.

5.4.6    All charges applicable to a Shipment are payable 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 collect Shipment (i.e. a Shipment on which the charges are to be paid by the Consignee).

5.4.7    Any charges, expenses or costs that cannot be determined at the time when the Cargo is handed over for Carriage may be requested by Carrier by way of deposit from the Shipper.  Any residual amount owed by Carrier to the Shipper or the Shipper to the Carrier in connection with the deposit shall be settled within 21 days after determination of the exact amount of the charges, expenses or costs.

5.4.8    Carrier may cancel the Carriage of a Shipment upon refusal by the Shipper, after demand by Carrier, to pay the charges or portion thereof demanded, without Carrier being subject to any liability therefor.

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 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 enquire into the correctness or sufficiency of such information or documents.  Carrier shall not be liable to any Shipper or any other person for loss or expenses due to Shipper’s failure to comply with this provision.  Shipper shall be liable to Carrier for any damage occasioned by the failure of Shipper to comply with this provision.

6.1.2    Carrier shall not be liable for refusing to carry any Shipment if Carrier in its reasonable discretion and acting in good faith determines 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 meet any disbursement with respect to the Cargo and the Shipper and the 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 re-forwarding 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 Shipment Record, certified by the Carrier shall be deemed original.

6.3       Schedules, routings and cancellations

6.3.1    Times shown in Carrier’s schedules 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 dispatch 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 in other representations of schedules.  No employee, Agent or representative of Carrier is authorised to bind 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, perform code sharing, or use surface transportation, wholly or partly.

6.3.3    Carrier reserves the right, without notice, to cancel, terminate, change, reschedule, divert, postpone, delay or advance any flight, or other means of transportation, or the further carriage of any Cargo, or to proceed with any flight, or other means of transportation, without all or any part of the Cargo, if it considers that it would be advisable to do so for the following reasons:

6.3.3.1 due to any fact beyond its control (including but not limited to threatened or announced: weather conditions, acts of God, Force Majeure, riots, political instability, embargoes, war, hostilities, civil commotion, unstable international conditions, terrorism or governmental warnings against any of the above);

6.3.3.2 due to any fact not reasonably to be foreseen, anticipated or predicted at the time the Cargo was accepted;

6.3.3.3 due to governmental regulations, orders or requirements, due to any shortage of labour, fuel or facilities; or

6.3.3.4 due to labour related difficulties of the carrier or any third party deployed by it; or

6.3.3.5 if it considers that any other circumstances so require.

6.3.4    In the event that any flight or other means of transportation is so cancelled, terminated, changed, rescheduled, 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 cancelled, terminated, diverted, postponed, delayed or advanced, save as explicitly provided for in Article 11 below, 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 into storage shall be deemed complete delivery under the Contract of Carriage, and the Carrier shall be without any further liability with respect thereto, except to give notice of 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 Cargo 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 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 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 articles are removed from shipment, save as to the extent provided for in Article 11 below, Carrier will not be liable to shipper or to any other party for any consequence thereof.

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.

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.  Instructions as to 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 and carrier shall thenceforth be under no obligation to carry out any such order;

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.

8.1       Notice of Arrival

            Notice of arrival of the Shipment will, in the absence of other instructions, be given 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 given by ordinary methods.  Carrier is not liable for non-receipt or delay in receipt of such notice.

8.2       Delivery of Shipment

8.2.1    Except as otherwise provided in 8.2.2 below and/or 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, against written receipt and in accordance with these Conditions.

8.2.2    Notwithstanding the above, delivery to the Consignee shall be deemed to have been effected and any potential liability of Carrier shall be deemed to have ended:

8.2.2.1 when the Shipment has been delivered to customs or other government authorities as required by applicable law or customs regulation; and

8.2.2.2 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.

8.2.3    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 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 Air Waybill conditional upon payment of these costs and charges.

8.3       Place of Delivery

            Except as provided for in Article 8.2 above and Article 9 below, the Consignee must accept delivery of and collect the Shipment at the airport of destination or the respective facility as designated by Carrier.

8.4       Failure of Consignee to take delivery

8.4.1    Subject to the provisions of Article 8.5, 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 on 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 at its option return the Shipment to the airport of departure and await the Shipper's instructions, 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, storage charged, and Carriage charges incurred in returning the Shipment.  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 destroy, abandon or 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.

8.4.3    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 cost 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.

8.5       Disposal of perishables

8.5.1    When Shipment containing perishable articles as determined by Carrier at time of reservation 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 disposal of the Shipment or any part thereof at public or private sale without notice.  The proceeds of sale shall be used to settle all costs and expenses incurred by Carrier in accordance with Article 8.4.3 above.

9.1       Shipments

            Shipments are accepted for Carriage from their receipt at Carrier’s Cargo terminal or airport office at the place of departure to their arrival at the airport at the place of destination.

9.2       Availability of service

Pick-up services and delivery services will be available at the departure and destination points, to the extent and subject to the rates and charges established for such services as agreed with 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 Tariff, 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.  Where Carrier arranges at the request of the Shipper or Consignee for pick-up or delivery services to be provided by third parties, it does so as the agent of whichever of the Shipper or Consignee has requested the provision of such service.

9.4       Shipment for which services are unavailable

9.4.1    Pick-up service and delivery will not be provided by Carrier without special arrangement for any Shipment which, in the opinion of the Carrier, because of its volume, nature, value or weight is impractical for Carrier to handle in normal course.

9.4.2    Pick-up and delivery services will not be provided by Carrier if the operation of vehicles is impracticable or if the Shipper's or Consignee's address is not directly accessible to vehicles.  Shipments are only picked up from or delivered to loading ramps or carriage entrances which are directly accessible to vehicles.

9.4.3    Pick up and delivery services are not provided for Cargo that cannot be moved by one person unless otherwise agreed beforehand, including the possible deployment of further persons and devices by the Shipper or Consignee at their risk and expense.

9.5       Hours of service

            Unless otherwise agreed with Carrier beforehand, pick up or delivery will be provided only during regular business hours and on regularly scheduled vehicles.

9.6       Attempt at delivery

            Delivery of Shipments must be agreed with Carrier in advance.    Shipments which, without fault of Carrier, cannot be delivered to the Consignee upon initial attempt at delivery will be returned to Carrier's place of dispatch and Consignee shall be informed thereof.  Any further attempts will be made only upon agreement with the Carrier in advance.   Additional charges will be invoiced for each further attempt at delivery.

9.7       Forwarding and re-forwarding

            If expressly agreed, Shipments will be taken on for forwarding to the airport of departure and/or re-forwarding from the airport of destination.

9.8       Liability

            If pick-up service, delivery service, forwarding or re-forwarding is performed by or on behalf of Carrier, such surface transportation shall be upon the same terms as to liability set forth in Article 11.  In any other circumstances, Carrier shall arrange pick up and delivery service, or forwarding or re-forwarding, only as agent of the Shipper or Consignee respectively.

10.1     Carriage to be performed under one contract of carriage by several successive Carriers is regarded as a single operation.

10.2     The Shipper will have a right of action against the first Carrier and the Consignee  will have a right of action against the last Carrier.  In addition, both the Shipper and the Consignee will have a right of action against the Carrier which performed the Carriage during which the loss, damage or delay to the Cargo took place.  These Carriers will be jointly and severally liable to the Shipper or the Consignee.

10.3     If an actual Carrier performs the whole or part of the Carriage under these Conditions of Carriage, both the contracting Carrier and the actual Carrier shall be subject to these Conditions of Carriage unless otherwise provided for in these Conditions of Carriage, the former for the whole of the Carriage in the Contract of Carriage and the latter solely for the Carriage which it performed.

10.4     The acts and omissions of the actual Carrier, including its servants, agents and representatives acting within the scope of their employment shall, in relation to the Carriage performed by the actual Carrier, be deemed to be also those of the contractual Carrier.

10.4 The acts and omissions of the actual Carrier, including its servants, agents and representatives acting within the scope of their employment shall, in relation to the Carriage performed by the actual Carrier, be deemed to be also those of the contractual Carrier.

11.1     Carrier is liable to the Shipper or Consignee  for damage sustained in the event of the loss, damage or delay to Cargo upon condition only that the event which caused the damage so sustained took place during the Carriage or when the Carrier has accepted the Cargo in accordance with the Air Waybill and the Cargo is in the charge of the Carrier or its Agent pursuant to the performance of the Contract of Carriage.

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 the loss, damage or delay of the Cargo in the case of:

11.2.1    Loading or delivery periods or specific handling of Shipments within the same Cargo;

11.2.2    Additional Carriage resulting from forwarding or re-forwarding or city terminal services unless proved to have been caused by Carrier gross negligence or intent;

11.2.3    Damage caused directly or indirectly by any compliance with applicable law, government regulations, orders or requirements or by any other event beyond the Carrier's control;

11.2.4    Refusal of Carriage where, upon exercise of its reasonable discretion, Carrier considers that the applicable laws, regulations, orders or requirements do not permit Carriage of the Cargo or Shipment;

11.2.5    Loss, damage or delay to Cargo caused by an object or animal contained therein.  Shippers and Consignees whose items cause loss, damage or delay to other consignments or to Carrier's property shall be liable towards Carrier for any losses incurred including costs and expenses associated with the same.  Carrier may at any time and without notice and without incurring any liability remove or destroy cargo and animals which might endanger aircraft, persons or property;

11.2.6    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 at biting, kicking, goring or smothering, nor for that caused or contributed to by the condition, nature or propensities of that 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, or by other means of transportation;

11.2.7    Cargo or Shipments suffering  deterioration or decay due to change of climate, temperature, altitude or for any other usual circumstance or due to the duration of the agreed Carriage time are taken on by the Carrier to the exclusion of any liability for loss or damage caused by deterioration or decay;

11.2.8    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;

11.2.9    The special nature of the Cargo or any inherent defect, quality or vice of that Cargo;

11.2.10  Defective packing of the Cargo performed by any person other than Carrier or its Agents, servants or representatives;

11.2.11  An act of war (including terrorist acts) or an armed conflict;

11.2.12  An act of public authority carried out in connection with the entry, exit or transit of the Cargo;

11.2.13  Force Majeure;

11.2.14  In the case of delay, Carrier proves that it and its Agents, servants or representatives took all reasonable measures to prevent the damage or that it or they were not able to take such measures;

11.2.15  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;

11.3     If liability of the Carrier is excluded or limited in these Conditions of Carriage, such exclusion or limitation shall likewise apply to any Agent (vicarious or otherwise), employee, representative of Carrier, in addition to any carrier whose aircraft is used for the carriage and its Agents (vicarious or otherwise), employees, representatives.

11.4     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 any 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, damage or delayed has to the total weight of the Shipment.

11.5     Unless Shipper has made a special declaration of value or interest for Carriage and has paid the supplementary sum applicable, liability of Carrier shall not exceed 22 Special Drawing Rights per kilogram of Cargo lost, damaged or delayed.  If the Shipper has made, at the time when the Cargo was handed over, a special declaration of value or interest in delivery at destination and has paid the requested surcharge, 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.

11.6     The Shipper, owner and Consignee whose property causes damage to or destruction of another Shipment or the property of Carrier, or death or bodily injury of any person, 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 therefore attaching to Carrier.

11.7     When Carrier is required by customs or other government authorities to make Shipments available for inspection during clearance or otherwise, including, but not limited to, unpacking and re-packing of such Shipments, Carrier does so only as the Agent of the person who had the right of disposition of the Shipment at that time, and Carrier accepts no liability for any loss or damage sustained as a result of its complying with any such requirements or other governmental requirements.

12.1     Receipt by the Consignee 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, damage or delay to Cargo unless a compliant is made to Carrier in writing by the Consignee or other person entitled to delivery of the Cargo.  Such compliant shall be made:

12.2.1  in the case of damage to or partial loss of the Cargo, immediately after its discovery and in any event within 14 days from the date of receipt of the Cargo;

12.2.2  in the case of delay, within 21 days from the date on which the goods were placed at the disposal of the Consignee or other person entitled to delivery within the meaning of Article 8.2;

12.2.3  Every complaint must be made in writing and given or dispatched within the times aforesaid;

12.2.4  If no complaint is made within the times aforesaid, no action shall lie against Carrier/Us, save in the case of fraud on its part.

12.3     Any right to damages against the Carrier shall be extinguished if an action is not brought within two years of the date of arrival at destination, or from the date on which the aircraft was scheduled to arrive, or the date on which the Carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

Carriage of Cargo is also provided in accordance with certain other important regulations and conditions (as varied from time to time) applying to or adopted by Virgin Atlantic Airways Limited (cargo division).  

Insofar as any provision contained or referred to in the Air Waybill, Shipment Record, Contract of Carriage or these Conditions may be contrary to applicable law, government regulations, orders or requirements, such provision shall remain applicable to the extent that it is not invalidated thereby.  In the event that such provision becomes invalid, the validity of the remainder of the Air Waybill, Shipment Record, Contract of Carriage or these Conditions shall not be affected.

No Agent (vicarious or otherwise), servant or representative of Carrier has authority to alter, modify, restrict, exclude or waive any provision of the Conditions of Contract or these Conditions.

16.1     Our interpretation of any applicable government laws, regulations, or orders referred to in these Conditions shall be final and binding even if it subsequently proves incorrect provided that at all material times we had no reasonable grounds for believing otherwise.

16.2     The title of each Article of these Conditions of Carriage is for convenience only and is not to be used for interpretation of the text.