5.1 Applicable rates and charges
Rates and charges for carriage governed by these conditions are those duly published by carrier and in effect on the date of the issuance of the air waybill by carrier, or on the date the rate or charge for the carriage has been entered in the shipment record.

5.2 Basis of rates and charges
Rates and charges will be based on the units of measurement and subject to the rules and conditions published in carrier’s regulations and rate tariffs.

5.3 Services not included in published rates and charges
Except as otherwise provided in carriers’ regulations, rates and charges apply only from airport to airport and do not include any ancillary service given by carrier in connection with the air carriage.

5.4 Payment of charges

5.4.1 Rates and charges are published in the currency shown in the applicable rate tariffs, and may be paid in any currency acceptable to carrier. When payment is made in a currency other than in the currency in which the rate or charge is published, such payment will be made at the rate of exchange established for such purpose by carrier, the current statement of which is available for inspection at carrier’s office where payment is made.

5.4.2 Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances and payments, made or incurred or to be incurred by carrier and any other sums payable to carrier, will be deemed fully earned, whether or not the cargo is lost or damaged, or fails to arrive at the destination specified in the contract of carriage. All such charges, sums and advances will be due and payable upon receipt of the cargo by carrier, except that they may be collected by carrier at any stage of the service performed under the contract of carriage.

5.4.3 The shipper guarantees payment of all unpaid charges, unpaid charges collect, advances and disbursements of carrier. The shipper also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which carrier may incur or suffer by reason of the inclusion in the shipment of articles the carriage of which is prohibited by law, or the illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or descriptions of the cargo, or the absence, delay or incorrectness of any export or import licence or any required certificate or document, or any improper customs valuation, or incorrect statement of weight or volume. Carrier shall have a lien on the cargo for each of the foregoing and, in the event of 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 mailed notice thereof to the shipper or to the consignee at the address stated in the air waybill) and to pay itself out of the proceeds of such sale any and all such amounts. No such sale shall, however, discharge any liability to pay any deficiencies, for which the shipper and the consignee shall remain jointly and severally liable. By taking delivery or exercising any other right arising from the contract of carriage, the consignee agrees to pay such charges, sums and advances, except prepaid charges.

5.4.4 If the gross weight, measurement, quantity or declared value of the cargo exceeds the gross weight, measurement, quantity or declared value on which charges for carriage have been previously computed, carrier shall be entitled to require payment of the charge on such excess.

5.4.5 Charges collect shipments will be accepted only to countries listed in carrier’s regulations and subject to the conditions contained therein. In any event carrier reserves the right to refuse shipments on a charges collect basis to any country where regulations prevent the conversion of funds into other currencies or the transfer of funds to other countries. Information on countries to which charges collect service is available may be obtained from offices and representatives of carrier.

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 a collect shipment, i.e. a shipment on which the charges are to be paid by the consignee.

5.4.7 Carrier may cancel the carriage of the shipment upon refusal by the shipper, after demand by carrier, to pay the charges or portion thereof so demanded, without carrier being subject to any liability therefor.

6.1 Compliance with government requirements

6.1.1 The shipper shall comply with all applicable laws, customs and other government regulations of any country to, from, through or over which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall, together with the shipment, furnish such information and deliver such documents as may be necessary to comply with such laws and regulations. Carrier shall not be obliged to inquire into the correctness or sufficiency of such information or documents. Carrier shall not be liable to the shipper or any other person for loss or expense due to shipper’s failure to comply with this provision. The shipper shall be liable to carrier for any damage occasioned by the failure of the shipper to comply with this provision.

6.1.2 Carrier shall not be liable for refusing to carry any shipment if carrier reasonably determines in good faith that such refusal is required by any applicable law, government regulation, demand, order or requirement.

6.2 Disbursements and customs formalities
Carrier is authorised (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursement with respect to the cargo and the shipper and consignee shall be jointly and severally liable for the reimbursement thereof. No carrier shall be under obligation to incur any expense or make any advance in connection with the forwarding or reforwarding of the cargo except against prepayment by the shipper. If it is necessary to make customs entry of the cargo at any stopping place, and no customs clearance agent has been named on the face of the air waybill or in the shipment record, the cargo shall be deemed to be consigned to the carrier carrying the cargo to such place. For any such purpose a copy of the air waybill, or of the shipment record, certified by the carrier, shall be deemed original.

6.3 Schedules, routings and cancellations

6.3.1 Times shown in carrier’s timetables or elsewhere are approximate and not guaranteed and form no part of the contract of carriage. No time is fixed for commencement or completion of carriage or delivery of cargo. Unless specifically agreed otherwise and so indicated in the air waybill or shipment record, carrier undertakes to carry the cargo with reasonable despatch but assumes no obligation to carry the cargo by any specified aircraft or over any particular route or routes, or to make connections at any point according to any particular schedule. Carrier is hereby authorised to select or deviate from the route or routes of the shipment, notwithstanding that the same may be stated on the face of the air waybill or in the shipment record. Carrier is not responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representative of carrier is authorised to bind 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 is authorised to carry the consignment without notice wholly or partly by any other means of surface transportation or to arrange such carriage.

6.3.3 Carrier reserves the right without notice, to cancel, terminate, divert, postpone, delay or advance any flight, or the further carriage of any cargo, or to proceed with any flight without all or any part of the cargo, if it considers that it would be advisable to do so because of any fact beyond its control or not reasonably to be foreseen, anticipated, or predicted at the same time the cargo was accepted; or if it considers that any other circumstances so require.

6.3.4 In the event any flight is cancelled, diverted, postponed, delayed or advanced or is terminated at a place other than the place of destination or in the event the carriage of any shipment is so cancelled, diverted, postponed, delayed, advanced or terminated, carrier shall not be under any liability with respect thereto. In the event the carriage of the shipment or any part thereof is so terminated, delivery thereof by carrier to any transfer agent for transfer or delivery or the placing of such shipment in storage shall be deemed complete delivery under the contract of carriage, and carrier shall be without any further liability with respect thereto, except to give notice 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 shipment for carriage by any other route or forward the shipment as agent for the shipper or the consignee for onward carriage by any transportation service on behalf of the shipper or the consignee. The cost of doing so attaches to the cargo.

6.3.5 Subject to applicable laws, regulations and orders, carrier is authorised to determine the priority of carriage as between shipments, and as between cargo and mail or passengers. Carrier may likewise decide to remove any articles from a shipment, at any time or place whatsoever, and to proceed with the flight without them. If as a result of determining such priority, cargo is not carried or carriage thereof is postponed or delayed or if any articles are removed from a shipment, carrier will not be liable to shipper or consignee or to any other party for any consequences therefor.

6.4 Certain rights of carrier over shipment in course of carriage
If in the opinion of carrier it is necessary to hold the shipment at any place for any reasonable 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’s regulations. 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;

7.2.2 Provided that if, in the opinion of carrier, it is not reasonably practicable to carry out the order of the shipper, carrier shall so inform him promptly and carrier shall thenceforth be under no obligation to carry out any such order.

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 sent to the consignee and any other person whom carrier has agreed to notify as evidenced in the air waybill or shipment record; such notice will be sent by ordinary methods. Carrier is not liable for non-receipt or delay in receipt of such notice.

8.2 Delivery of shipment
Except as otherwise specifically provided in the air waybill or shipment record, delivery of the shipment will be made only to the consignee named therein, or his agent. Delivery to the consignee shall be deemed to have been effected:

8.2.1 when carrier has delivered to the consignee or his agent any authorisation from carrier required to enable the consignee to obtain release of the shipment; and

8.2.2 when the shipment has been delivered to customs or other government authorities as required by applicable law or customs regulation.

8.3 Place of delivery
Except as provided in 9.3, the consignee must accept delivery of and collect the shipment at the airport of destination or the respective facility as designated by the carrier.

8.4 Failure of consignee to take delivery

8.4.1 Subject to the provisions of 8.5 hereof, if the consignee refuses or fails to take delivery of the shipment after its arrival at the airport of destination, carrier will endeavour to comply with any instructions of the shipper set forth 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 thirty (30) days, carrier may sell the shipment in one or more lots at public or private sale, or destroy or abandon such shipment.

8.4.2 The shipper is liable for all charges and expenses resulting from or in connection with the failure to take delivery of the shipment, including, but not limited to, carriage charges incurred in returning the shipment if so required by the shipper’s instructions. If the shipment is returned to the airport of departure and the shipper refuses or neglects to make such payments within fifteen (15) days after such return, carrier may dispose of the shipment or any part thereof at public or private sale after giving the shipper ten (10) days notice of its intention to do so.

8.5 Disposal of perishables

8.5.1 When a shipment containing perishable articles as defined in carrier’s regulations is delayed in the possession of carrier, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, carrier may immediately take such steps as it sees fit for the protection of itself and other parties in interest, including but not limited to the destruction or abandonment of all or any part of the shipment, the sending of communications for instructions at the cost of the shipper, the storage of the shipment or any part thereof at the risk and cost of the shipper, or the disposition of the shipment or any part thereof at public or private sale without notice.

8.5.2 In the event of the sale of the shipment as provided for above, either at the place of destination or at the place to which the shipment has been returned, carrier is authorised to pay to itself and other transportation services out of the proceeds of such sale all charges, advances, and expenses of carrier and other transportation services plus costs of sale, holding any surplus subject to the order of the shipper. A sale of any shipment shall, however, not discharge the shipper and/or owner of any liability hereunder to pay any deficiencies.

8.5.3 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 the carriage. Unless otherwise agreed the shipper shall not be released from his own liability for these costs and charges and will remain jointly and severally liable with the consignee. Carrier may make delivery of the shipment or the air waybill conditional upon payment of these costs and charges.