Pick-up and Delivery Services

Shipments

Shipments 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 or the respective facility as designated by the CARRIER.

9.2 Availability of Service

PICKUP 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 transportation shall be upon the same terms as to liability as set forth in Article 11 hereof unless otherwise provided by mandatory regulations.

Article 10-Successive Carriers

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 which caused the damage so sustained took place during the CARRIAGE as defined under Article 1.

11.2 To the extent provided by APPLICABLE CONVENTION, CARRIER’s liability shall be limited to the amount stipulated in such APPLICABLE CONVENTION notwithstanding the existence of gross negligence or willful misconduct on the part of the CARRIER.

11.3 Except as may be otherwise provided for 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 or its AGENTS, unless such damage, delay or loss is proved to have been caused by the gross negligence or willful misconduct of CARRIER.

11.4 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.

11.5 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.

11.6 To the extent not in conflict with applicable law, the 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.

11.7 Contributory negligence on the part of the SHIPPER, CONSIGNEE or other claimants releases the CARRIER of its liability to the extent provided by APPLICABLE CONVENTION and applicable law.

11.8 Liability of CARRIER shall not exceed the APPLICABLE CONVENTION limited or, if no convention applies, SDR 17, per kilogram of CARGO destroyed, lost, damaged or delayed. If, with the agreement of the CARRIER, the SHIPPER has made a special declaration of value for CARRIAGE and has paid the supplementary sum applicable, 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.

11.9 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.

11.10 The SHIPPER, and to the extent permitted by applicable law, the owner and CONSIGNEE, whose property or SHIPMENT 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 therefore attaching to CARRIER.

11.11 A CARREIR 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.

11.12 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 or other means of transportation 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 fourteen (14) DAYS from the date of receipt of the goods;

12.2.2 in the case of other damage to the goods, within fourteen (14) DAYS from the date of receipt of the goods;

12.2.3 in the case of delay, within twenty-one (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 one hundred and twenty (120) days of the date the goods ought to have arrived at destination.

12.3. The right to damages shall be extinguished if an action is not brought within 2 years, reckoned 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 transportation stopped. The method of calculating that period shall be determined by the law of the court seized of the case.

Article 13-Overriding Law

To the extent that any provision contained or referred to herein is contrary to anything contained in the APPLICABLE CONVENTION, and in any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision contained herein.

Article 14-Modification and Waiver

No AGENT, servant or representative of CARRIER has authority to alter, modify or waive any provision of the contract of CARRIA