GENERAL CONDITIONS OF CARRIAGE FOR INTERNATIONAL CARGO
ARTICLE 1. DEFINITIONS
As used in these Conditions of Carriage, terms shall be defined as follows:
1. " UX" means AIR AIR EUROPA LÍNEAS AÉREAS, S.A.U..
2. "AIR WAYBILL" which is equivalent to the term 'Air Consignment Note', means the document entitled 'Air Waybill/Air Consignment Note' made out by or on behalf of the shipper which evidences the contract between the shipper and UX for carriage of cargo over the routes of UX. In the interpretation of this General Conditions of Carriage, the meaning of the term “Air Waybill” always shall include e-Air Waybill, which is the electronic form of the paper Air Waybill.
3. "CARRIER" includes the air carrier issuing the Air Waybill and all carriers that carry or undertake to carry the cargo under such Air Waybill or to perform by other services related to such air carriage.
4. "ADVANCE ARRANGEMENT" means any special arrangement between the shipper and UX, made prior to tendering consignment.
5. "CARRIAGE", which is equivalent to the term 'Transportation', means the carriage of cargo by air or any other means of transport including road, gratuitously or for reward. "International Carriage Other Than That Defined By The Convention" means any carriage which is not international carriage as defined either by the Warsaw Convention, by the Warsaw Convention as amended at The Hague, 1955, or by the Montreal Convention but in which, according to the agreement made by the parties, the place of departure and the place of landing are situated in more than one country.
6. "CONVENTION" means one of the followings, whichever may be applicable to carriage under the contract of carriage:
1.3 “APPLICABLE CONVENTION”. Unless the context requires otherwise, whichever of the following instruments is applicable to the CARRIAGE:
A. 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);
B. the Warsaw Convention as amended at The Hague on 28 September 1955;
C. the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975;
D. the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 2 of Montreal 1975;
E. the Warsaw Convention as amended at The Hague 1955 and by Protocol No. 4 of Montreal 1975;
F. the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999; (the Montreal Convention of 1999
7. "COUNTRY", which is equivalent to the term 'State', includes all territory subject to the sovereignty, suzerainty, mandate, trusteeship, or authority thereof.
8. "CARGO", which is equivalent to the terms 'Goods', means anything carried or to be carried in an aircraft, other than mail or baggage; provided that unaccompanied baggage moving under an Air Waybill is cargo.
9. "VALUABLE CARGO" means a consignment which contains one or more of the following articles:
A. Any article having a declared value for carriage of US $1,000.00 (or equivalent) or more, per gross Kilogram
(1) Gold bullion (including refined and unrefined gold in ingot form), dore bullion, gold specie;
(2) Gold only in the form of grain, sheet, foil, powder, sponge, wire, rod, tube, circles, moldings and castings;
(1) Platinum, platinum metals (palladium, iridium, ruthenium, osmium and rhodium);
(2) Platinum alloys in the form of grain, sponge, bar, ingot, sheet, rod, wire, gauze, tube and strip; Provided that those radioactive isotopes of the above metals and alloys are dangerous goods.
D. Legal banknotes, traveler's checks, securities, shares, share coupons, postage stamp and revenue stamps (excluding mint stamps from the United Kingdom) and ready for use bank cards and/or credit cards;
(1) Diamonds (including diamonds for industrial use), rubies, emeralds, sapphires, opals and real pearls (including cultured pearls);
(2) Jewelry consisting of any of the articles under (1) above;
F. Jewelry and watches made of platinum and/or gold and/or silver; and
G. Articles made of platinum and/or gold, other than platinum and/or gold plated.
10. “MILITARY GOODS”, Goods specially designed or modified for military use. The List of Military Goods includes items such as arms, ammunitions, bombs, tanks, imaging devices, military aircrafts, warships and chemicals (the list of such items can be varied depend on the country legislation), as well as goods from/to shippers and consignees, which are related to military organizations (such as Ministry of Defense, AirForces, Navy etc).
11. "CHARGES PREPAID CONSIGNMENT" means the consignment of which the freight charges and/or service charges are entered on the Air Waybill for payment by the shipper.
12. "CHARGES COLLECT CONSIGNMENT" means the consignment of which the freight charges and/or service charges are entered on the Air Waybill for collection from the consignee.
13. "UNACCOMPANIED BAGGAGE", which is equivalent to the term 'Baggage shipped as Cargo', means baggage of a passenger moving under an Air Waybill.
14. "SHIPPER", which is equivalent to the term 'Consignor', means the person whose name appears on the Air Waybill as the party contracting with UX for carriage of cargo.
15. "CONSIGNEE" means the person whose name appears on the Air Waybill as party to whom the consignment is to be delivered by UX.
16. "CUSTOMS CONSIGNEE", which is equivalent to the term "Customs Clearance Agent" means a customs broker or other agent of the consignee designated to perform customs clearance service for the consignee.
17. "PICK-UP SERVICE" means the surface carriage of export consignment from the point of pick-up to the airport of departure.
18. "DELIVERY SERVICE" means the surface carriage of import consignment from the airport of destination to the address of the consignee or that of his designated agent or to the custody of appropriate government agency when required.
19. "CITY TERMINAL SERVICE" means the surface carriage of consignment between UX's city handling station and the airport of departure or destinations, as the case may be.
20. "RATE" means the amount per unit established by UX for the purpose of computing freight charges. Such amount is established based on the weight (or volume) of cargo and is held out to the public through the publications UX normally uses.
21. "DECLARED VALUE FOR CARRIAGE" means the value of cargo declared to UX by the shipper for the purpose of fixing the limit of UX's liability for loss, damage or delay to the cargo.
22. "DAYS" means full calendar days, including Sundays and legal holidays; provided that for the purpose of notification the balance of the day upon which notice is dispatched will not be counted, and when the last day falls on Sunday or a legal holiday, Such Sunday or legal holiday will not be counted.
23. "TARIFFS" means published rates, charges and related rules and regulations, which are made part of these Conditions of Carriage.
24. "SDR" means Special Drawing Rights as defined by the International Monetary Fund. Conversion of the S.D.R sum into a national currency shall be made as follows:
A. In the case as defined in Article 14-1 of these Conditions of Carriage, in the existence of 'shipper's declared value for carriage' on the face of the air Waybill, it shall be made at the exchange rate between the currency and SDR in effect on the date of issuance of the air waybill.
B. In the case as defined in Article 14-1 of these Conditions of Carriage, in the absence of 'shipper's declared value for carriage' on the face of the air waybill, it shall be made, in the case of judicial proceedings, at the exchange rate between the currency and SDR in effect on the date of the judgment. In case of other than judicial proceedings, it shall be made at the exchange rate between the currency and SDR in effect on the date when the damages to be paid is agreed upon.
ARTICLE 2. APPLICATION OF CONDITIONS OF CARRIAGE
Nothing in these Conditions of Carriage and other applicable tariffs modifies or waives any provisions of the Convention.
These Conditions of Carriage shall apply to all carriage of cargo including all services incidental thereto performed by UX except to the extent UX's General Conditions of Carriage for Domestic cargo shall apply.
3. Gratuitous Carriage
With respect to gratuitous carriage, UX reserves the right to exclude the application of all or any part of these Conditions of Carriage.
4. Charter Agreement
Carriage of cargo performed pursuant to a charter agreement with UX shall be preferably subject to such charter agreement, and any others not specifically provided in the charter agreement shall be subject to these Conditions of Carriage. The shipper, by accepting carriage pursuant to a charter agreement and a carriage is performed thereunder, shall be regarded as having agreed to said agreement and these Conditions of Carriage, whether or not he has concluded the charter agreement with UX.
5. Change without Notice
Except as may be required by applicable laws, government regulations, orders or requirements, these Conditions of Carriage and other applicable tariffs are subject to change without notice. However, no such change shall apply to the contract of carriage after the date of issuance of the Air Waybill.
All carriage of cargo shall be subject to these Conditions of Contract of Carriage and other applicable tariffs in effect on the date of issuance of the c, whichever is applicable, provided that in the event of inconsistency between these conditions and other applicable tariffs, these conditions shall prevail.
ARTICLE 3. EXECUTION OF AIR WAYBILL
1. Execution by shipper
A. The Air Waybill shall be completed in accordance with the TACT Rules, Section 6.1, Security Regulations of the countries en route (e.g. ACC3 for EU, Security Statements for USA) and with
IATA Dangerous Goods Regulations, IATA Live Animals Regulations, IATA Perishable Cargo Regulations and IATA Temperature Control Regulations when applicable.
The Air Waybill shall be issued in 8 copies.
B. UX 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 when all of the consignment cannot be carried in one aircraft or cannot, without breach of applicable laws, government regulations, orders, requirements or UX's regulations, be carried on one Air Waybill.
C. Additional requirements are:
- Correct airline name and legal address shall be shown on the Air Waybill;
- Two-letter code of the carrier (UX) shall be shown in Flight and Carrier information of the Air Waybill; if shipment is to be carried by two or more carriers – carriers’ codes per sectors are to be shown correctly;
- Description of goods is to be specified, no general words are accepted (please refer to Guidelines on acceptable and unacceptable terms for the description of goods for exit and entry summary declarations, the EUROPEAN COMMISSION, Brussels, 21.09.2007, TAXUD/1402/2007 Final-EN). In case of Consolidation, Consolidation Cargo Manifest is to be attached to the Master Air Waybill;
- Rate / Charge fields are to be filled out as per IATA rates or “As agreed”;
- Dimensions and or cubic meters of the cargo are mandatory, otherwise the shipment will be considerate as not priority, the booking flight can be changed by UX and no claims for delays will be accepted.
- Secured Status as per regulations and rules of countries en route;
- In case of carriage of time and temperature control healthcare products or perishable cargo, temperature regime shall be shown in the Air Waybill, Handling Information, otherwise the shipment will be considered and handled as general cargo.
D. UX shall not bear any liability for any damage or loss of any envelope or document attached to the air waybill,
2. Electronic Air Waybill
If UX 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 this purpose by UX. Upon handing over of the
cargo the air waybill must be physically available.
3. Shipment Record
UX, with the expressed or implied consent of the shipper, if required by the applicable convention, 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 UX shall, if so requested by the shipper, deliver to the shipper in accordance with the UX's regulations a receipt for the cargo permitting identification of the shipment and access, in accordance with the UX's regulations, to the information contained in the shipment record.
4. Apparent Order of 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 not yet issued yet, include on the Air Waybill a statement of such apparent order and condition. If the Air Waybill is already issued, the shipper shall advise in writing to UX of the apparent order and condition of the cargo, to enable UX to insert an appropriate reference thereto into the Air Waybill or the shipment record. However, if the shipper fails to include such statement in the Air Waybill or to advise UX of the apparent order and condition of the cargo, or if such statement or advice is incorrect, UX shall not bear any liability for any damage or loss of the shipment due to such fault or mistake of the shipper.
5. Preparation, Completion or Correction by UX
UX may at the request of the shipper, expressed or implied, make out the Air Waybill. In such event, subject to proof to the contrary, UX shall be deemed to have done so on behalf of the shipper. If the Air Waybill handed over with the cargo does not contain all the required particulars, or if contains any error, UX may complete or correct it to the best of UX's ability without being under any obligation to do so.
In case of a deviation of the weight and / or volume of the consignment upon acceptance from the information of the consignment contained in the Air Way Bill, UX reserves the right to correct the information, contained in the Air Way Bill, to the actual weight ("actual weight" and "chargeable weight").
6. Responsibility for Particulars and Statements
The shipper is responsible to UX and all other persons for all damage arising out of irregularity, incorrectness or incompleteness of said particulars or statements which he inserts in the Air Waybill, or which UX inserts on his behalf.
7. Alteration of Air Waybill
Air Waybill, on which the writing has been altered or erased by other than the carrier, need not be accepted by UX.
ARTICLE 4. FREIGHT CHARGES AND/OR SERVICE CHARGES
1. Applicable Rates and Service Charges
A. Rates and service charges governed by these Conditions of Carriage shall be those duly published by UX and in effect on the date of issuance of the Air Waybill.
B. When the amount collected does not correspond to the above duly published rates and service charges, UX will refund the balance to, or collect from, the shipper or consignee, as the case may be.
2. Services not Included in Published Rates
Except as otherwise provided in applicable tariffs, published rates do not included following service charges;
A. Charges for pick-up, delivery, and city terminal service to and from the airport from which UX operates;
B. Storage and warehouse charges;
C. Insurance premium;
D. Expenses incurred by UX in clearing the cargo through customs, or incurred by any other person whether acting as agent for the shipper, the consignee, the owner of cargo, or UX.
E. Charges for penalties imposed or collected by government authority including duties and taxes;
F. Expenses incurred by UX in repairing faulty packing;
G. Charges incurred by UX in returning of consignment to point of origin;
H. Any other similar service charges or costs.
3. Airport to Airport
Except as otherwise provided in applicable tariffs, published rates shall apply for carriage from airport of departure to airport of destination.
4. Precedence of Rates
Except as otherwise provided in applicable tariffs, a published through rate takes precedence over the combination of intermediate rates applicable between the same points via the same routings.
5. Basis of Freight Charges and/or Service Charges
A. Freight Charges shall be based on the actual gross weight or volume weight, whichever is higher.
B. To obtain the weights by using cubic measurements, measurements of 6,000 cubic centimeters equal one kilogram, measurements of 3,000 cubic centimeters or less equal a half kilogram and measurements exceeding 3,000 cubic centimeters will be charge for as the next higher whole kilograms. Similarly, measurements of 366 cubic inches equal one kilogram, measurements of 183 cubic inches or less equal a half kilogram and measurements exceeding 183 cubic inches will be charged for as the next higher whole kilograms, and consignment the extreme dimensions of which result in an average of more than 166 cubic inches per pound shall be charged on the basis that each 166cubic inches equals one pound.
6. Quantity Reduction
When two or more rates subject to different minimum weight category are provided on the same cargo, the freight charges to be collected shall be either the amount computed on the weight shipped at the rate applicable to such weight or the amount computed on the next higher weight category for which a lower rate is provided at the rate applicable to such weight category, whichever is lower.
7. Disposition of Fractions
A. When the freight charges and/or service charges are reckoned respectively or the payment of aggregate sum of freight charges and/or service charges are made in a currency other than the currency in which the freight charges and/or service charges are stated on the Air Waybill, fraction amount will be increased or disposed to the next higher or lower unit in accordance with UX's regulations.
B. To obtain cubic dimensions, fraction of less than a half centimeter or a half inch shall be rounded half centimeter or a half inch shall be rounded up to the next higher whole centimeter, or to the next down to the next lower whole centimeter, or to the next lower whole inch, and fractions of more than a higher whole inch.
C. In computing weights, fractions of a half kilogram or less shall be charged for as a half kilogram and fractions over a half kilogram shall be charged for as the next higher whole kilograms. Similarly, fractions of one pound shall be charged for as the next higher whole pound.
D. Cubic measurements shall be based on the greatest rectangular dimensions of the package, and where the packages are tied together, cubic measurements will be based on the greatest rectangular dimensions of the tied group of packages. Greatest rectangular dimensions shall be based on the greatest length times greatest width times greatest height of the consignment.
8. Minimum Freight Charge
Except as otherwise provided in the applicable tariffs, a minimum freight charge per consignment as specified in the applicable tariffs will be assessed whenever a lower total freight charge is computed on the basis of the applicable rate and actual gross weight of the consignment.
9. Construction or Combination of Unpublished Rate and Service Charge
When the rate or service charge between any two points is not specifically published, such rate or service charge will be constructed or combined in accordance with the applicable tariffs.
10. Disbursement Fee
When so requested by the shipper, UX will collect from the consignee an amount advanced by UX, shipper or his agent as disbursements such as charges for storage, government duty or other fees, customs clearance, insurance premium and loading or unloading not performed by UX.
11. Dangerous Goods Handling Fee
For transportation of dangerous goods as defined in the applicable Dangerous Goods Regulations, handling fee as provided in the applicable tariffs shall be applied in addition to applicable transportation charges.
12. Fee for Charges Collect
For consignment transported on a charges collect basis, a fee shall be assessed as provided by the applicable tariffs.
13. Terminal and Special Service Charges
Terminal and special service charges shall be assessed to the shipper or consignee named in the Air Waybill, as applicable, and will apply whenever such services are performed by UX.
14. Air Waybill Preparation Fee
UX collects Air Waybill Preparation Fee in case UX issues or completes the Air Waybill on behalf of the shipper.
15. Priority Service and Special Cargo Charge
UX may provide on an optional basis special rates/charges for international priority service or special handling service at the request of the shipper as evidenced by the Air Waybill, and premium charges may apply for priority or special cargo handling services.
UX does not offer all risk insurance on cargo shipments. UX recommends that the shipper obtains such insurance on its own.
17. Freight charges and other Surcharges.
Freight charges and Surcharges are subject to interline arrangements, local terms and Conditions, rules and regulations which are duly published and/or distributed by other means by UX.
ARTICLE 5. PAYMENT OF FREIGHT CHARGES AND/OR SERVICE CHARGES
1. All freight charges and/or service charges applicable to a consignment are payable in cash or other means of payment acceptable to UX at the time of acceptance of the consignment by UX in case of charges prepaid consignment, and at the time of delivery thereof by UX in case of charges collect consignment. When the payments of freight charges and/or service charges are made in a currency other than the currency in which the freight charges and/or service charges are stated on the Air Waybill, such payment shall be made in accordance with Paragraph 2 below. The current statement of exchange rate is available for inspection at UX's office and nothing in those provisions modifies or waives any currency exchange laws or regulations.
2. The exchange rate established by UX shall be applied in accordance with Subparagraph below:
A. In case of charges prepaid consignment, the exchange rate shall be in effect on the date of issuance of the Air Waybill; and
B. In case of charges collect consignment, the exchange rate shall be in effect on the date when the consignment arrives at the airport of destinations.
3. Full applicable freight charges and/or service charges, whether prepaid or collect, fees, duties, taxes, expenses, advances and payments, incurred or to be incurred by UX and other sums payable to UX will be deemed fully earned, whether or not the cargo is lost or damaged, or fails to arrive at the airport of destination specified in the Air Waybill.
4. No claim for loss or damage to a consignment will be entertained until all freight charges and/or service charges whereon have been paid. However, when no part of the consignment is delivered, a claim with respect to such consignment will be entertained even though freight charges and/or service charges thereon are unpaid.
The amount of claims may not be deducted from such freight charges and/or service charges.
5. With respect to any charges, expenses or disbursements which cannot be determined at the time when the cargo is handed over for carriage, UX may require the shipper to deposit with UX a sum estimated by UX to be sufficient to cover such charges, expenses and disbursements. Any balance due from UX to the shipper or from the shipper to UX in connection with such deposit shall be paid after completion of such contract of carriage and determination of the exact amount of such charges, expenses and disbursements.
6. The shipper guarantees payment of all unpaid freight charges and/or service charges and all expenditures, fines and penalties which UX may incur or suffer by reason of Subparagraph below:
A. The inclusion in the consignment of article, the carriage of which is prohibited by law;
B. Illegal, incorrect, or insufficient packing of packages, addressing or marking;
C. The absence of any export/import license or any required certificates or documents;
D. Any improper customs declaration; or
E. An incorrect statement of weight or volume.
7. Except prepaid by the shipper, the consignee, by taking delivery or exercising any rights arising out of the contract of carriage, shall agree to pay all such unpaid freight charges and/or service charges, expenditures, fines, penalties and advances. However, this shall not discharge the shipper's guarantee to pay the same. UX shall have a lien on the cargo for each of the foregoing, and in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale (provided that prior to such sale, UX shall have informed to the shipper or the consignee named on the Air Waybill by ordinary methods), and to apply itself out of the proceeds of such sale any and all such amounts due. No such sale shall, however, discharge any liability to pay deficiencies for which the shipper and the consignee shall remain jointly and severally liable. No such lien or right of sale and no right of UX to collect any of the foregoing shall be in anyway affected, lost or prejudiced by reason of the acknowledgement of payment, if not actually paid, or so far as concerns the right of UX to collect any of foregoing, by reason of the delivery of the cargo or the surrender of the possession thereof.
8. If the actual gross weight, measurement, quantity or declared value for carriage of the cargo exceeds the actual gross weight, measurements, quantity or declared value for carriage on which freight charges and/or service charges for carriage have been previously computed, UX shall be entitled to require payment of freight charges and/or service charges on such excess.
ARTICLE 6. ACCEPTANCE OF CARGO FOR CARRIAGE
1. Valuation Limits.
UX determines the limit of the value of a shipment or a number of shipments to be carried in one single aircraft. If any individual shipment exceeds such limit, it may not be carried in one aircraft but is apportioned to two or several aircrafts at the carrier’s due discretion. UX is entitled to deny the carriage of shipments in one aircraft if the declared total value would lead to a violation of this principle.
2. Limitation by Declared Value for Carriage
UX may refuse carriage of shipments having a declared value for carriage in excess of the amount specified in UX’s regulations.
3. Packing and Marking of Cargo
The shipper is responsible to ensure compliance with the following requirements:
A. Packing of cargo must ensure safety of aircraft, crew, supernumeraries, other cargo, and handling personnel, and provide for proper lashing of cargo. The packing shall prevent personnel injury, damage or deterioration to contents. The packing shall ensure safety of its contents throughout cargo handling and carriage process from the origin to the destination with ordinary care in handling;
B. The packing of cargo shall protect its content from all weather conditions to which it may be exposed at origin, transfer and destination locations, including but not limited to rain, wind, heat and cold;
C, The packages shall have no damages, cuts, ruptures, openings, signs of leaks/spills, or protruding wires. The packages shall be dry, have no soaked spots, and correspond to the nature of cargo;
D. If and to the extent agreed with UX, heavy, outsize cargo, vehicles may be carried without package;
E. Packing, marking and labeling of dangerous goods, live animals and perishable cargo, time and temperature sensitive healthcare products must be in accordance with the ICAO Technical Instructions for Dangerous Goods Transportation / the IATA Dangerous Goods Regulations (which consideration of the UX’s deviations published thereto), the IATA Live Animals Regulations, the IATA Perishable Cargo Regulations and the IATA Temperature Control Regulations;
F. External packages of vulnerable cargo as defined in carrier’s regulations shall not depict its content. Packages should be tamper proof and prevent opening or access to content without clearly visible signs of such interference. The external package shall be made of strong material.
G. If the shipper intends to use tracing, recording or transmitting units during the carriage, he has to inform the carrier and to provide required information to obtain UX’s approval to use such devices on board of the aircraft. Units, which were not approved by UX, shall not be used and if delivered to acceptance shall constitute the right of the carrier to reject shipment containing such devices or refuse the validity of their records for any propouse.
4. Cargo not Acceptable
Except as otherwise provided in UX's regulations, UX undertakes to transport, subject to the availability of suitable equipment of the kind and type capable of handling and to the extent within the allowable cabin load of such aircraft, provided that no consignments listed below will be accepted for carriage:
A. The transportation, exportation or importation thereof is prohibited by laws or regulations of any country to be flown to, from, through or over;
B. They are not packed in a manner suitable for carriage by aircraft;
C. They are not accompanied by the requisite shipping documents; or
D. They are likely to endanger persons, aircraft, other cargo or property, or cause annoyance to passengers.
E. When the cargo arrives at the place of departure in the carrier terminal building at the airport after latest acceptance time. The latest acceptance time is to be advised at the UX’s office at the place of departure.
F. Those goods that by their nature are not susceptible to be transported by air or that their useful life does not reach the transit time necessary for their transport to the final destination, even taking into consideration UX's rights to vary the planned route or giving flights.
5. Law approvals
The necessary approvals by relevant authorities for the entry, exit or transit of the cargo are be provided to UX before the cargo acceptance. All necessary notifications are made and receipt by the relevant authorities is confirmed, evidence of which is provided to UX before the cargo acceptance.
6. Cargo Acceptable only under Prescribed Conditions
A. Dangerous goods, live animals, perishable cargo, human remains or articles possessing inherent characteristics which make them unsuitable for air carriage will only be accepted for carriage subject to the conditions provided in UX's regulations.
B. Consignments will be accepted for carriage by UX either on a charges prepaid basis or charges collect basis. However, UX will decline to transport following consignments on a charges collect basis:
(1) Consignments to persons restrained of their liberty;
(2) Consignments addressed to government agencies, except when shipped by government agents presenting proper credentials;
(3) Consignment not equal in resale value to freight charges and/or service charges thereon;
(4) Perishable cargo
(5) Consignments to countries where currency regulations or UX's regulations do not permit consignments to be delivered upon charges collect basis;
(6) Live animals; and
(7) Human remains.
(8) Military goods.
C. Consignments of unusual weight shape or size will not be accepted for carriage unless advance arrangements have been made. Consignments requiring special devices for safe handling will be accepted by UX for carriage only when such special devices are provided and operated by and at the cost of the shipper or consignee.
D. Consignment with a floor-bearing weight per square unit in excess of the floor load limitations specified in UX's regulations must be furnished with a suitable supporter or spreader for use in such aircraft, which will reduce the floor-bearing weight per square unit to such floor load limitations or less.
7. Responsibility for Non-observance of Conditions
Responsibility for non-observance of the conditions relating to cargo which is not acceptable for carriage or is acceptable only under prescribed conditions rests upon the shipper, and shipper shall indemnify UX for any damage it may incur because of carriage of any such cargo.
8. Inspection of Cargo
The cargo is subject to being opened and the contents thereof inspected by UX without being obligated to perform such inspection.
9. Unit Load Devices
A. When shipper undertakes to load a unit load device (“ULD”) he must comply with UX’s loading instructions and shall be liable for and indemnify carrier against all consequences of any non-compliance with such instructions.
B. Unless otherwise provided for by the applicable convention or law to the benefit of the rightful claimant, UX shall not incur any liability for damage or loss of shipment that was part of a unit load device (ULD) that was built solely by shipper and shipper shall indemnify UX in relation to damage or loss of such shipment or any part thereof. For the avoidance of doubt, such ULD shall be considered as one single unit. In any case, when shipper undertakes to load a unit load device (ULD) he must comply with UX's loading instructions and the shipper assumes liability and shall indemnify UX for all damages or loss or any other irregularity to cargo arising out of or connected (i) with the build-up of the ULD, (ii) the lack of ready for carriage status, and or (iii) with the fact, that the shipments do not correspond with documents and booked values. The shipper shall indemnify UX for therewith connected claims made by third parties
10. Cargo cancelled and No Show
UX has introduced penalty fees for unreliable bookings. In a bid to increase efficiency throughout the supply chain, UX to impose fines on customers that didn’t fly cargo as booked.
For any shipment booked in UX flights, that is cancelled or is no show for the booked flight, a cancelation fee is applied in the following circumstances:
A. Cancellation less than 48 hours before the departure time of the flight / truck (Monday to Friday except official holidays): 20% of the freight all in or of the freight excluding surcharges in case of rate plus surcharges.
B. Cancellation less than 24 hours before the departure time of the flight / truck (Monday to Friday except official holidays): 40% of the freight all in or of the freight excluding surcharges in case of rate plus surcharges.
C. Cargo No-show: 100% of the freight all in or of
the freight excluding surcharges in case of rate plus surcharges.
11. Tracking Devices
The consignor must notify the carrier about equipment for tracking of shipments or equipment to record transport- or shipment-related data attached at or located in the shipment (so called “tracking devices”) and state the used product at the latest when handing over these shipments to the carrier. Such tracking devices are only permissible if they have been developed specifically for the use on board of aircrafts, have been certified according to official regulations, has been placed and removed by UX or his authorized agent and if they are in compliance with provisions set out by UX. The use of such tracking devices does not create any additional obligations of UX. Using such devices is solely permitted for quality purposes.
ARTICLE 7. CARRIAGE OF CONSIGNMENT
1. Compliance with Government Laws
A. The shipper shall comply with all applicable laws, government regulations, orders or requirements of any country to be flown to, from, through or over which the cargo may be carried, including those relating to the packing, carriage, delivery of the cargo or other service and shall furnish such information and attach such documents to the Air Waybill as may be necessary to comply with such applicable laws, government regulations, orders or requirements. UX shall not be obligated to inquire into the correctness or sufficiency of such information or documents. UX will not be liable to the shipper, consignee or any other person for damage due to shipper's failure to comply with this provision.
B. No liability shall attach to UX for refusing to carry any consignment if UX reasonably determines in good faith that such refusal is required by any applicable laws, government regulations, orders or requirements.
C. The shipper must recognize its obligation to observe the trade sanctions laws and regulations enforced by the major countries including the United Nations, the European Union, the United States, and other jurisdictions (collectively, “Trade Sanctions Laws and Regulations”). Also, the shipper must comply with any applicable Trade Sanctions Laws and Regulations when the shipper performs its sales and handling of air cargo transportation under this General Conditions of Carriage.
The shipper must indemnify and hold harmless UX from liability and damage related to the shipper’s violation of the Trade Sanction Laws and Regulations, including but not limited to, any loss, expense, damage, third-party claims, responsibility, and legal disposition; and the shipper shall pro-actively cooperate with appropriate measures taken by UX in order to comply with the Trade Sanctions Laws and Regulations.
2. Disbursements and Customs Formalities
UX will, but shall be under no obligation to, advance any duties, taxes or expenditures with respect to the carriage of cargo. In such case, the shipper and consignee shall be jointly and severally liable for the reimbursement thereof. UX shall be under no obligation to incur any expense or to 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 if no customs consignee be named in the Air Waybill, the cargo shall be considered to be consigned at such place to customs consignee designated by UX. For any such purpose a copy of the Air Waybill certified by UX shall be deemed an original.
3. Certain Rights of UX over the Consignment in Course of Carriage
If it is necessary to hold the consignment at any place for any purpose, either before, during or after transit, UX will, upon giving notice thereof to the shipper or consignee at the address stated in the Air Waybill, store the consignment or any one of them in warehouse or other available place, or deliver the consignment to another transportation service for onward carriage to the consignee. In such event, the shipper and consignee shall be jointly and severally liable to indemnify UX against any expense or risk so incurred.
4. Schedules, Routings and Cancellations
A. Schedules or routings shown in timetable or elsewhere are approximate and not guaranteed by UX and form no part of the contract of carriage. No time is fixed for the commencement or completion of carriage or delivery of cargo, and UX may without notice substitute alternative carriers or aircraft. UX assumes no obligation to carry the cargo by any special aircraft or over any particular route, or to make connection at any point according to any particular schedule and UX may select or deviate from the routes of consignment, notwithstanding that the same may be stated on the face of the Air Waybill. UX will not be responsible for errors or omissions either in timetable or elsewhere. No agent, employee or representative of UX is authorized to bind UX by any statements or representations as to the dates or times of departure or arrival, or of the operation of any flight.
B. UX undertakes to complete the carriage hereunder with reasonable dispatch as usually expected.
C. UX is authorized to carry the consignment without notice wholly or partly by any other means of transportation or to arrange such carriage.
D. UX reserves the right without notice, to cancel, terminate, divert, postpone or delay, any flight, or the further right of 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;
(1) Because of circumstances beyond UX's control (including, but not limited to, meteorological conditions, act of God, force majeure, strikes, riots, civil commotions, embargoes, war or warlike action, hostilities, disturbances, or unsettled international conditions) actual, threatened, or reported because of any delay, demand, conditions, circumstance or requirement due, directly or indirectly, to such facts;
(2) Because of any fact not to be foreseen, anticipated or predicted;
(3) Because of any applicable laws, government regulations, orders or requirements; or
(4) Because of shortage of labor, fuel or facilities, or labor difficulties of UX or others.
E. UX may cancel the carriage of cargo upon refusal of the shipper, after demand by UX, to pay the amounts or portion thereof so demanded. In such case, UX shall not be under any liability for such cancellation of carriage.
F. In accordance with the reasons in Subparagraphs above, if any flight is so cancelled, postponed, advanced or terminated at a place other than the place destination, UX shall not be under any liability with respect thereto. In accordance with the reasons in Subparagraph C above, if the carriage of the consignment or any part thereof is so terminated, delivery thereof by UX to any transfer agent for transfer or delivery or the placing of such consignment in storage shall be deemed complete delivery under the Air Waybill, and UX shall be without any further liability with respect thereto, except to give notice of the disposition of the consignment to the shipper or the consignee, at the address stated in the Air Waybill. In accordance with the reasons in Subparagraph C above, if the carriage of the consignment or any part thereof is so terminated, UX may, but shall not be obliged to, forward the consignment for carriage by any other route at the request of shipper or consignee, or forward the consignment for carriage by any other means of transportation as agent of shipper or consignee.
G. Subject to applicable laws, government regulations, orders or requirements, UX is authorized to determine, on a reasonable and not unjustly discriminatory basis, the priority of carriage as between consignments, and as between consignments and other cargo, mail and passengers, and to decide which articles shall be carried and which articles shall not be carried or shall be removed at any time or place whatsoever and to proceed with any flight without all or any part of 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 consignment, UX will not be liable to shipper or consignee or to any other part for any consequences therefore.
ARTICLE 8. SHIPPER'S RIGHT OF DISPOSITION
1. Exercise of Right of Disposition
Every exercise of right of disposition of the consignment 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. The right of disposition over the cargo may only be exercised if the shipper or his designated agent produces the part of the Air Waybill which was delivered to him. Instructions as to disposition must be given to UX in writing in the methods prescribed by UX. In the event that 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 original Air Waybill.
2. Shipper's Option
Subject to his liability to carry out all his obligations under the contract of carriage and provided that such right of disposition is not exercised in such way as to prejudice UX or other shippers, the shipper may exercise his right of disposition over the cargo as provided below:
A. Withdrawing it at the airport of departure or of destination;
B. Stopping it in the course of the journey on any landing;
C. 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
D. Requiring it to be returned to the airport of departure.
3. Payment of Expenses
The shipper shall be liable for and shall indemnify UX for all damage suffered or incurred by UX as a result of the exercise of his right of disposition.
4. UX's Inability to Comply
Notwithstanding the provision of Paragraph 1 above, UX reserves the right to refuse such execution of shipper's right of disposition, if in the opinion of UX it is not practicable to carry out such instruction of the shipper. In such event, UX shall so inform him promptly, and the cost of doing so attaches to the freight charges and/or service charges of such consignment.
5. Extent of Shipper's Right
The shipper's right of disposition shall cease at the moment when, after arrival of the cargo at the airport of destination, the consignee takes possession or requests delivery of the cargo, 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 be deemed to be continuously vested in the shipper.
ARTICLE 9. DELIVERY OF CONSIGNMENT
1. Arrival Notice
Unless the consignment is to be re-forwarded in accordance with Article 11, arrival notice of the consignment will, in the absence of shipper's instructions, be sent to the consignee by ordinary methods. However, if a person to be notified is named on the Air Waybill, such arrival notice of the consignee will be sent to such person. UX is not liable for non- receipt or delay in receipt of such notice.
2. Delivery to Consignee
Except as otherwise specifically provided in the Air Waybill, delivery of the consignment will be made only to the consignee. However, if a person to be notified is specifically indicated on the Air Waybill, delivery to the consignee shall be considered to have been effected when arrival notice has been made in advance in accordance with Paragraph 1 above, and the consignment has been delivered to Such person indicated on the Air Waybill as the person to be notified. Delivery to the consignee shall also be considered to have been effected:
When the consignment has been delivered to bonded warehouse or bonded shipping agent as designated by the consignee or the person to be notified or his agent; and when the consignment has been delivered to bonded warehouse or bonded shipping agent as required by applicable law or customs regulation.
3. Place of Delivery
Consignee must accept delivery of and collect the consignment at the airport of destination unless advance arrangement has been made between shipper or consignee and UX.
Consequently the transportation ends at final airport by picking the good up by consignee or his authorized agent who has the right to inspect that goods are in good conditions and intact. Once signed the copy 4 of awb or the delivery reception form stating the goods are received in good order and condition, any complaint or claim will not be accepted later on.
4. Failure of Consignee to Take Delivery
A. Subject to the Subparagraph B below, if the consignee refuses or fails to take delivery of the consignment after its arrival at the place of delivery, UX will endeavor to comply with any instructions of the shipper set forth on the Air Waybill. If no such instructions are so set forth, or if such instructions cannot be reasonably complied with, UX, after forwarding to the shipper notice of the failure of the consignee to take delivery, must take an action as mentioned below:
(1) Returning the consignment on its own service or on any other transportation means to the airport of departure, there to await instructions of the shipper; provided, however, that conditions for such returning shall be made subject to original conditions unless otherwise specified; or
(2) Selling such consignment in one or more lots at public or private sale after holding the consignment for a period of not less than 30days.
B. The shipper is liable for all expenses resulting from or in connection with the failure to take delivery of the consignment. Such expenses include, but not limited to, freight charges and/or service charges incurred in returning the consignment. If the consignment is returned to the airport of departure and the shipper refuses to make such payments or neglects to make such payments within 15 days after such return, UX may dispose of the consignment or any part thereof at public or private sale after giving the shipper at the address stated on the Air Waybill 10 days’ notice of the intention to do so.
C. In the event of the sale of the consignment as provided in Subparagraph B above, either at the place of destination or at the place to which the consignment has been returned, UX is authorized to pay to itself and other transportation means out of the proceeds of such sale all advance, expenses and costs of sale, holding any surplus subject to the order of the shipper. The sale of any consignment shall, however, not discharge the shipper's liability hereunder to pay any deficiencies due to UX.
5. Disposal of Perishables
A. When a shipment containing perishable, time sensitive or temperature sensitive articles (as further defined in UX's regulations) or live animal is delayed in the possession of UX, is unclaimed, refused or not claimed promptly at place of delivery, or for other reasons is threatened with deterioration, UX may immediately take such steps as it sees fit for the protection of UX and other parties in interest, and shall be entitled to reimbursement by the shipper of any expense so incurred, 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, UX is authorized to pay to itself and other transportation providers out of the proceeds of such sale all charges, advances, and expenses of UX 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 remaining portion of a due payment to UX.
ARTICLE 10. CARGO ATTENDANTS
UX, in consideration of the nature of the consignment involved or so as to ensure safety to persons, aircraft, other cargo or property, may request the shipper to arrange cargo attendants for the purpose of accompanying such consignment. Except as otherwise provided in UX's regulations, such transportation of cargo attendants will be subject to UX's general Conditions of Carriage for International Passengers and Baggage.
ARTICLE 11. PICK-UP, DELIVERY AND CITY TERMINAL SERVICE
1. The consignments are accepted for carriage from their receipt at UX's cargo terminal or airport office at the airport of departure to the airport at the place of destination.
2. If UX performs pick-up, delivery and city terminal service upon request of the shipper or consignee, such service shall be performed subject to:
A. Pick-up, delivery and city terminal service will be available at the places and subject to the charges and conditions established by UX's regulations;
B. If such transportation is operated by UX itself, it shall be upon the same terms and limitations as set forth in Article 14 of these Conditions of Carriage;
C. Pick-up, delivery and city terminal service will not be provided by UX for any shipment which, in the opinion of UX, because of its volume, nature or value is impractical for UX to handle in normal course.
3. UX may, however, for the account and as an agent of the shipper or the consignee, the case may be, and without being responsible itself, charge other transportation service with such transportation. In such case, UX shall not be liable for damage of whatsoever nature arising in connection with such transportation, unless it has been caused by his own negligence or willful fault. If UX engages other transportation service, the shipper or consignee will authorize UX to do all things deemed advisable to effect such transportation, including, but without limitation, selection of the means and routes thereof, execution and acceptance of necessary transportation documents (which may include provisions exempting from, or limiting UX's liability), and consigning of cargo with ' No Value Declared (NVD)' notwithstanding any amount of declaration of value on the Air Waybill.
ARTICLE 12. SUCCESSIVE CARRIERS
Carriage to be performed under one Air Waybill by several successive carriers is regarded as a single operation.
ARTICLE 13. APPLICABLE CONVENTION, LAWS AND PROVISIONS
1. Applicable Convention
A. International carriage as defined by the Warsaw Convention is subject to the rules and limitation relating to liability established by the Warsaw Convention and international carriage as defined by the Warsaw Convention as amended at the Hague, 1955, is subject to the rules and limitation relating to liability established by the Warsaw Convention as amended at the Hague, 1955. International carriage as defined by the Montreal Convention is subject to the rules and limitation relating to liability established by the Montreal Convention.
B. International carriage other than that defined by the Convention is subject to the Conditions of Carriage of Air Europa.
2. Applicable Laws and Provisions
To the extent not in conflict with provisions of Paragraph 1 above, all carriage and other service performed by UX are subject to:
A. Applicable law (including national laws implementing the Convention or extending the rules of the Convention to the International carriage other than that defined by the Convention), government regulations, orders or requirements; and
B. These Conditions of Carriage, applicable tariffs and other regulations, which may be inspected at any of UX's offices and at airports from which UX's offices and at Airport from which UX operates regular services.
ARTICLE 14. UX'S LIABILITY
1. Limit of Liability
A. UX 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.
B. To the extent provided by applicable convention, UX'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 UX.
C. The actual value of damage must be proved by the shipper or consignee.
2. Limitation of Liability
A. UX 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.
B. Except as may be otherwise provided by in any Convention applicable to the carriage, UX is not liable to the shipper, consignee or any other persons for any damage of whatsoever nature arising out of, or in connection with the carriage of the cargo or other service performed by UX incidental thereto, unless such damage is proved to have been caused by the negligence or willful fault of UX and there has been no contributory negligence on the part of the shipper or consignee.
C. UX is not liable for any damage directly or indirectly arising out of compliance with applicable laws, government regulations, orders or requirements, or from failure of the shipper, consignee or any other person to comply with the same, or out of any cause beyond UX's control.
D. 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 UX'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.
E. UX shall not be liable under any circumstances for destruction, loss of or damage to cargo, if such destruction, loss of or damage to cargo is proved to have resulted solely from the inherent defect, quality, nature or vice of that cargo. Shipper and consignee whose consignment caused damage to persons, aircraft, other cargo or property shall indemnify UX for all losses and expenses incurred by UX as a result thereof. Cargo which is likely to endanger persons, aircraft, other cargo or property may be abandoned or destroyed by UX at any time without notice and without liability therefore attaching to UX.
F. 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 right, UX 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.
G. No warranty concerning airworthiness of any aircraft engaged in the carriage or its fitness for the carriage of the cargo to which the contract relates is implied in the contract of carriage.
H. When UX issues an Air Waybill for carriage over the lines of another carrier, UX does so only as the agent of such carrier. UX shall not be liable for the loss damage, or delay of cargo not occurring it's on-line. Nevertheless, when UX is a first carrier or last carrier under the agreement to carry, shipper or consignee shall have a right of action against UX for loss, damage or delay of the cargo.
I. UX shall 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 conditions, nature or propensities of the animals.
J. Consignments, the contents of which are liable to deteriorate or perish due to change in climate, temperature, altitude, ordinary exposure or because of length of time in transit, will be accepted for carriage without responsibility on the part of UX for loss or damage due to such deterioration or perishability.
K. UX shall not be liable in any event for any consequential or special damage arising from carriage subject to these Conditions of Carriage, whether or not UX had knowledge that such damage might be incurred.
L. Whenever the liability of UX is excluded or limited under these Conditions of Carriage, such exclusion or limitation shall apply to agents, servants or representatives of UX acting within the scope of their employment, any person whose aircraft or other means transportation is used by UX and such person's agents, servants and representatives. The aggregate amount recoverable from UX and from such agents, servants, representatives, and person shall not exceed the amount of UX's limit of liability.
M. In no event will UX be liable for death or injury to a cargo attendant caused by or contributed to the condition, conduct, propensities of the animals or condition of any other cargo.
N. In the carriage of cargo, any action for damages, however founded, whether in contract or in tort or otherwise, can only be brought subject to the conditions and limits set out in the Convention. However, the Convention shall not affect in determining the persons who have the right to bring suit and what are their respective rights.
ARTICLE 15. TIME LIMITATIONS ON CLAIMS
1. Receipt by the person entitled to delivery of the cargo without complaint is prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.
2. No action shall be maintained in the case of loss, damage or delay to cargo unless a complaint is made to UX in writing by the person entitled to delivery, sufficiently describing the details of claim, within the time set forth below:
A. 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;
B. in the case of other damage to the goods, within fourteen (14) days from the date of receipt of the goods;
C. 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;
D. in the case of non-delivery of the goods, within one hundred and twenty (120) days of the date of issue of the air waybill or the date of the shipment record, whichever is applicable.
ARTICLE 16. TIME LIMITATIONS ON ACTIONS
Any right of damage against UX shall be extinguished unless an action is brought within 2 years, reckoned from the date of arrival at the airport of destination, or from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped.
ARTICLE 17. OVERRIDING LAW
Insofar as any provision contained or referred to in these Conditions of Carriage, Air Waybill or other applicable tariffs may be contrary to applicable laws, government regulations, orders or requirements such provision shall remain in effect to the extent that it is not overridden thereby, and the invalidity of any provision shall not affect any other part.
ARTICLE 18. MODIFICATION AND WAIVER
No agents, servants or representatives of UX have authority to alter, modify or waive any provision of these Conditions of Carriage, the contract of carriage or other applicable tariffs.
ARTICLE 19. PERSONAL DATA
1. Shipper, owner and consignee and consignor understands that UX may collect, use and share personal information in connection with this shipment and carriage.