|Home||Information||Services||Rate||Customer Service||Careers||Membership||Contact us|
|Location:Home >> Information >> Browse News >> GENERAL CONDITIONS OF CARRIAGE FOR CARGO|
|GENERAL CONDITIONS OF CARRIAGE FOR CARGO|
|Author:admin , Hits:1910|
|GENERAL CONDITIONS OF CARRIAGE FOR CARGO
CATHAY PACIFIC AIRWAYS LIMITED
Effective Date: 15 December 2006
Prepared by Barlow Lyde & Gilbert Hong Kong
On behalf of Cargo ServicesTABLE OF CONTENTS
ARTICLE 1: WHAT PARTICULAR EXPRESSIONS MEAN IN THESE CONDITIONS.......1
ARTICLE 2: APPLICABILITY................................................................................................2
ARTICLE 3: ACCEPTABILITY OF GOODS FOR CARRIAGE..............................................4
ARTICLE 4: DOCUMENTATION .........................................................................................6
ARTICLE 5: RATES AND CHARGES....................................................................................7
ARTICLE 6: SHIPMENTS IN COURSE OF CARRIAGE .......................................................9
ARTICLE 7: AUTHORITY AND INDEMNITY OF SHIPPER .............................................11
ARTICLE 8: SHIPPER’S RIGHT OF DISPOSITION.............................................................11
ARTICLE 9: DELIVERY........................................................................................................12
ARTICLE 10: PICK-UP AND DELIVERY SERVICES............................................................13
ARTICLE 11: SUCCESSIVE CARRIERS.................................................................................14
ARTICLE 12: CARRIER’S LIABILITY....................................................................................14
ARTICLE 13: LIMITATIONS ON CLAIMS AND ACTIONS................................................16
ARTICLE 14: OVERRIDING LAW........................................................................................17
ARTICLE 15: MODIFICATION AND WAIVER....................................................................17Cathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
ARTICLE 1: WHAT PARTICULAR EXPRESSIONS MEAN IN THESE
As these Conditions are read, please remember that:
1.1 "AGENT" means, except when the context otherwise requires, any person who has
authority, express or implied, to act for or on behalf of Carrier in relation to the
carriage of cargo.
1.2 “AIR WAYBILL”, which is equivalent to the term “air consignment note”, means the
document entitled “Air Waybill/Consignment Note” made out by or on behalf of the
Shipper which evidences the contract between the Shipper and Carrier for carriage of
1.3 “APPLICABLE CONVENTION” means whichever of the following instruments are
the Convention for the Unification of Certain Rules Relating to International Carriage
by Air, signed at Warsaw, 12 October 1929; or
the Warsaw Convention as amended at The Hague on 28 September 1955; or
the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975);
the Warsaw Convention as amended at The Hague and by Additional Protocol No.2 of
Montreal (1975); or
the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4
of Montreal (1975); or
Guadalajara Supplementary Convention (1961) (Guadalajara); or
The Convention on the Contract for the International Carriage of Goods by Road
(CMR Convention) signed at Geneva on 19th
May 1956; or
The Convention for the Unification of Certain Rules for International Carriage by Air,
signed at Montreal, 28 May 1999.
1.4 "CARGO", which is equivalent to the term “goods”, means anything carried or to be
carried in an aircraft except mail, or baggage carried under a passenger ticket and
baggage check, but includes baggage moving under an Air Waybill.
1.5 "CARRIAGE", which is equivalent to the term “transportation”, means carriage of
cargo by air or by another means of transport, whether gratuitously or for reward.Cathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
1.6 "CARRIER" includes the air carrier issuing the Air Waybill and all carriers that carry
or undertake to carry the cargo or to perform any other services related to such
1.7 "CHARGES COLLECT" means the charges entered on the Air Waybill for collection
from the Consignee against delivery of the shipment.
1.8 "CONSIGNEE" means the person whose name appears on the Air Waybill as the
party to whom the shipment is to be delivered by Carrier.
1.9 "DAYS" means full calendar days, including Sundays and legal holidays; provided
that for purposes of notification the balance of the day upon which notice is
despatched shall not be counted.
1.10 "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.
1.11 "PICK-UP SERVICE" means the surface carriage of outbound shipments from the
point of pickup at the address of the Shipper or that of his designated agent to the
airport of departure, including any incidental surface carriage between airports.
1.12 "SHIPMENT", which is equivalent to the term “consignment” 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, for carriage to one Consignee at one destination
1.13 "SHIPMENT RECORD". Any record of carriage preserved by Carrier, evidenced by
means other than an Air Waybill.
1.14 "SHIPPER", which is equivalent to the term “Consignor”, means the person whose
name appears on the Air Waybill, as the party contracting with Carrier for the carriage
1.15 “SPECIAL DRAWING RIGHT”. A Special Drawing Right as defined by the
International Monetary Fund.
ARTICLE 2: APPLICABILITY
2.1 General: These Conditions shall apply to all carriage of cargo, including all services
incidental thereto, performed by or on behalf of Carrier; provided however that if such
carriage is “international carriage” as defined in the applicable convention (see Article
1: What Particular Expressions Mean In These Conditions, under “Applicable
Convention”) such carriage shall be subject to the provisions of the applicable
Convention and to these Conditions to the extent that these Conditions are not
inconsistent with the provisions of such Convention.Cathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
2.2 Applicable Laws and Carrier’s Tariffs: To the extent not in conflict with 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) government regulations, orders and
2.2.2 these conditions and other applicable tariffs, rules, regulations and timetables (but not
the times of departure and arrival therein specified) of Carrier which may be inspected
at any of its offices and at airports from which it operates regular services;
2.3 Applicable to U.S.A. and Canada: These Conditions 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 in force in those
countries apply. The tariffs applicable to such carriage are available for inspection at
the offices of Carrier.
2.4 Gratuitous Carriage: With respect to gratuitous carriage, Carrier reserves the right
to exclude the application of all or any part of these Conditions.
2.5 Charters: With respect to carriage of cargo performed pursuant to a charter
agreement with Carrier, such carriage shall be subject to Carrier’s charter tariffs
applicable thereto (if any) and these Conditions shall not apply except to the extent
provided in said charter tariff. Where Carrier has no charter tariff applicable to such
charter agreement, these Conditions shall apply to such agreement except that Carrier
reserves the right to exclude the application of all or any part of these Conditions 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 carriage pursuant to a charter agreement, whether or not concluded
with the Shipper, agrees to be bound by applicable terms thereof.
2.6 Change Without Notice: These conditions and the published rates 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 conclusion of the contract of carriage or
after the date the rate or charge for the carriage has been entered in the Shipment
2.7 Effective Rules: All carriage of cargo governed by these Conditions shall be subject
to Carrier’s rules, regulations and tariffs in effect on the date of issuance of the Air
Waybill by Carrier, provided that in the event of inconsistency between these
Conditions and Carrier’s rules, regulations and tariffs, these Conditions shall prevail.
Under no circumstances will Carrier accept any increased obligations or liability that
arise by virtue of Shippers or agents issuing Air Waybills or Shipment Records for
carriage of shipments on Carrier’s flights which purport to waive or restrict Carrier’s
entitlement to rely upon these conditions, regulations and tariffs; and Shipper agrees to
indemnify and hold harmless Carrier in respect of any increased liability, losses,Cathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
damages, costs or expenses that arise from issuing such Air Waybills or Shipment
ARTICLE 3: ACCEPTABILITY OF GOODS FOR CARRIAGE
3.1 Cargo Acceptable: Carrier undertakes to transport, subject to the availability of
suitable equipment and capacity, all shipments, unless otherwise excluded by Carrier’s
regulations and provided:
3.1.1 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;
3.1.2 they are packed, labelled and described in a manner ready for carriage as required by
the issuing Carrier and any subsequent Carrier;
3.1.3 they are accompanied by the requisite shipping documents;
3.1.4 they are not likely to endanger aircraft, persons or property, or cause annoyance to
3.1.5 to the extent permitted by law the Carrier reserves the right without assuming any
liability to refuse carriage of cargo when circumstances so require.
3.2 Valuation Limit of Shipment: Carrier may refuse carriage of shipments having a
declared value for carriage in excess of the amount specified in Carrier’s regulations.
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 so as to ensure that
(a) it can be carried safely with ordinary care in handling;
(b) it can be protected from all weather conditions to which it may be exposed,
including but not limited to rain, wind, heat and cold;
(c) it does not injure or damage any persons, animals, goods or property. Each
package shall be legibly and durably marked so as to identify the Shipper and
3.3.2 Packages containing valuables as defined in Carrier’s regulations must be sealed if so
requested by Carrier.
3.3.3 The Carrier is under no obligation to note or be aware of any information contained on
the house air waybills used in respect of consolidated or pre-packed shipments.
3.3.4 The Carrier reserves the right to refuse the transportation of cargo that is not suitably
packed or marked.Cathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
3.4 Special Cargo: Special cargo, including but not limited to valuables, dangerous
goods, live animals, perishables, fragile goods, human remains, is acceptable only
under the conditions set forth in Carrier’s regulations applicable to the carriage of such
cargo. Such cargo must be packed and documented strictly in accordance with
Carrier’s special handling procedures which are incorporated and form part of these
conditions. In the event of deterioration of such shipments for whatever reason
Carrier in its sole discretion may take such steps as it deems appropriate.
3.5 Dangerous Goods: The Shipper shall not tender for carriage any volatile or explosive
cargo or cargo which is or may become dangerous, inflammable or offensive or which
is or may become liable to damage any property whatsoever without presenting a full
description disclosing the nature of the cargo, and in any event the Shipper shall be
liable for any loss and damage caused thereby. If in the sole opinion of Carrier the
cargo becomes or is liable to become dangerous, inflammable, explosive, volatile,
offensive or damaging in nature, the same may at any time be retained, destroyed,
disposed of or abandoned or rendered harmless by Carrier without compensation to
the Shipper and without prejudice to Carrier’s right to any charges hereunder and at
the sole cost of the Shipper.
3.6 Responsibility for Non-Observance of Conditions, Laws and Regulations: The
Shipper warrants that he has complied with all the laws, regulations and conditions
relating to the nature, packaging, labelling, storage or carriage of cargo and that the
cargo is packed in a manner adequate to withstand the ordinary risks of carriage
having regard to its nature, and further the Shipper hereby indemnifies Carrier for any
liability whatsoever and costs, fees and expenses as a result of or arising out of the
Shipper’s failure to comply with each of these warranties, including but not limited to
compliance with the applicable Dangerous Goods Regulations.
3.7 Carrier’s Right of Inspection: Carrier reserves the right to examine the packaging
and contents of all shipments and to enquire into the correctness or sufficiency of
information or documents tendered in respect of any shipment but Carrier shall be
under no obligation to do so and under no circumstances will Carrier be liable for any
direct or indirect losses resulting from its examination of the packaging and shipments.
3.8 Unit Load Devices: When Shipper undertakes to load a Unit Load Device (ULD) he
must comply with Carrier’s loading instructions and shall be liable for and indemnify
Carrier against all consequences of any non-compliance with such instructions.
3.9 Pre-packed and Mixed Pre-packed Shipments: The Shipper warrants that it will
provide the Carrier with such contemporaneous information that it reasonably requires
at the time of booking and acceptance of the number of pieces and weight of packages
that have been pre-packed. The Shipper accepts that the Carrier will not have had the
opportunity to examine the contents of any pre-packed shipment and hereby
indemnifies the Carrier for any liability whatsoever and costs, fees and expenses as a
result of or arising out of the Shipper’s failure to comply with this warranty.Cathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
ARTICLE 4: DOCUMENTATION
4.1 Air Waybill: 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 cargo by
Carrier for carriage. However, 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.
4.2 Shipment Record: Carrier, with the express 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 Carrier shall, if so requested by the Shipper, deliver to
the Shipper in accordance with Carrier’s regulations a receipt for the cargo permitting
identification of the shipment and access, in accordance with Carrier’s regulations, 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 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.
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 and
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 Carrier’s
ability without being under any obligation to do so.
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’s
particulars as to value, unless no value is declared with a supplemental charge having
been paid, shall be conclusive evidence, as against the Shipper and Consignee of the
value of the shipment. Where no value is declared the Shipper warrants that theCathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
Shipper requires no special security or handling. The Shipper shall indemnify Carrier
against all damage suffered by him, or by any other person to whom Carrier is 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.
ARTICLE 5: RATES AND CHARGES
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 the contract of
carriage has been concluded.
5.2 Airport to Airport: Except as otherwise provided in Carrier’s regulations, rates and
charges apply only from airport to airport.
5.3 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.
5.4 Services not included in Published Rates and Charges: Published rates and charges
cover the carriage of shipments between airports or other landing places at or near the
points shown in the published rates and charges. Except as otherwise specifically
provided in Carrier’s regulations, such published rates and charges do not include any
ancillary service given by the Carrier in connection with the air carriage.
5.5 Insurance: Carrier does not offer all risk insurance on cargo shipments. Carrier
recommends that Shipper obtains such insurance.
5.6 Payment of Charges:
5.6.1 Rates and charges are published in the currency shown in the applicable rate tariffs,
any 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 upon first request at Carrier’s
office where payment is made. The provisions of this paragraph are subject to
applicable exchange laws and government regulations.
5.6.2 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 and may be collected at any time
upon demand of Carrier.Cathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
5.6.3 The Shipper guarantees payment of the freight rate, storage charges and all other
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 noticed 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.
5.6.4 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.
5.6.5 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.
5.6.6 All charges applicable to a shipment are payable in cash 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. If the Consignee fails to pay said charges, when such charges are to be
collected, the Shipper remains obligated to pay these charges and interest at the
judgment rate in the applicable jurisdiction.
5.6.7 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 therefore.Cathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
ARTICLE 6: SHIPMENTS IN COURSE OF CARRIAGE
6.1 Compliance with Government Requirements: 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.
6.1.1 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 Disbursement 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 by taking delivery or exercising any
other right arising out of the contract of carriage 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 of the Shipment Record, certified
by the Carrier, shall be deemed original.
6.3 Schedules, Routings and Cancellations: 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. 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. 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
time-tables 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
6.3.1 Carrier is authorized to carry the consignment without notice wholly or partly by any
means of surface transportation, or to arrange such carriage.Cathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
6.3.2 If it considers that it would be advisable to do so because of any fact beyond its
control (including but without limitation, meteorological conditions, acts of God, force
majeure, strikes, riots, civil commotion, embargoes, wars, hostilities, disturbances or
unsettled international or domestic conditions) actual, threatened or reported or
because of any delay, demand, condition, circumstance or requirement due, directly or
indirectly, to such fact or not reasonably to be foreseen, anticipated, or predicted at the
same time the cargo was accepted; or if it reasonably considers that any other
circumstances so require, taking into account the interests of the Shipper, 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.
6.3.3 Provided that no regulations/laws to the contrary are applicable, in the event any flight
is, pursuant to 6.3.2, 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 only be liable for losses or damages arising directly from such events if
Carrier either intended to cause such losses or damages or was reckless with actual
knowledge that damage, loss, delay would probably result . 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.
6.3.4 Unless otherwise agreed, and 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 direct or indirect consequences therefore.
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.Cathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
ARTICLE 7: AUTHORITY AND INDEMNITY OF SHIPPER
7.1 Authority to Tender Cargo for Acceptance: It is agreed that any person who
tenders cargo to Carrier for carriage for or on behalf of the Shipper is authorized to do
so subject to these conditions.
7.2 Shipper’s Authority: The Shipper warrants that in agreeing to these conditions it has
the authority of the person or persons owning or having an interest in the cargo or any
7.3 Shipper’s Indemnity: Without prejudice to the generality of the forgoing, Shipper
undertakes to indemnify Carrier in respect of any liability whatsoever and howsoever
arising (including without limitation, negligence or breach of contract or intentional or
reckless conduct or default of Carrier or otherwise) in connection with cargo to any
person (other than Shipper) who claims to have, who has or who may hereafter have
any interest in the cargo or any part thereof. It is agreed that this indemnity operates
irrespective of whether the Carrier’s liability arises in events which may constitute a
fundamental breach of contract or a breach of a fundamental term.
ARTICLE 8: SHIPPER’S RIGHT OF DISPOSITION
8.1 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.
8.2 Shipper’s Option: 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:
8.2.1 by withdrawing it at the airport of departure or of destination; or
8.2.2 by stopping it in the course of the journey on any landing; or
8.2.3 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
8.2.4 by requiring it to be returned to the airport of departure;Cathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
8.2.5 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.
8.3 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.
8.4 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.
ARTICLE 9: DELIVERY
9.1 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
9.2 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
9.2.1 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
9.2.2 when the shipment has been delivered to customs or other government authorities as
required by applicable law or customs regulation.
9.3 Place of Delivery: The Consignee must accept delivery of and collect the shipment at
the airport of destination unless delivery service to the address of the Consignee has
been arranged for between the Shipper or Consignee and Carrier.
9.4 Failure of Consignee to take Delivery:
9.4.1 Subject to the provisions of 9.5 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 suchCathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
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.
9.4.2 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.
9.5 Disposal of Perishables: 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
9.6 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.
9.7 Responsibility for Charges: 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.
ARTICLE 10: PICK-UP AND DELIVERY SERVICES
10.1 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.
10.2 Availability of Service: Pick-up 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.
10.3 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 serviceCathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
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.
10.4 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.
10.5 Liability: If pick-up service or delivery service is performed by Carrier, such surface
transportation shall be upon the same terms as to liability as set forth in Article 12
hereof. In any other event, and to the extent that other mandatory regulations apply,
the issuing Carrier and last Carrier, respectively, in forwarding and re-forwarding the
cargo shall do so only as agents of the Shipper, owner, or Consignee, as the case may
be, and shall not be liable for any damage arising out of such additional carriage
unless provided to have been caused by its acts or omissions done with intent to cause
damage, death, injury, loss or delay or recklessly with actual knowledge that damage,
death, injury, loss, delay would probably result. The Shipper, owner and Consignee
hereby authorize such Carriers to do all things deemed advisable to effect such
forwarding or re-forwarding, including, but without limitation, selection of means of
forwarding or re-forwarding and the routes thereof (unless these have been specified
by the Shipper in the Air Waybill or Shipment Record), execution and acceptance of
documents of carriage (which may include provisions excluding or limiting liability)
and consigning of cargo with no declaration of value, notwithstanding any declaration
of value in the Air Waybill or Shipment Record.
ARTICLE 11: SUCCESSIVE CARRIERS
11.1 Carriage to be performed under one contract of carriage by several successive Carriers
is regarded as a single operation.
ARTICLE 12: CARRIER’S LIABILITY
12.1 Carrier is liable to the Shipper, Consignee or any other person for damage sustained in
the event of destruction of 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 in article 1.
12.2 Except as may be otherwise provided in any applicable Convention, Carrier is not
liable to the Shipper, Consignee or any other person having an interest in the cargo in
tort or contract or bailment or otherwise for any consequences of any delay in the
collection of cargo or loss of or damage to or deterioration of cargo or mis-delivery or
failure to deliver or delay in delivery of cargo for any reason whatsoever including,
without limiting the foregoing, the negligence, recklessness, gross negligence or wilful
conduct or default on the part of the Carrier or its servants or agents whether or not the
same occurs in the course of performance by or on behalf of Carrier under the contract
or in events which are in the contemplation of the Carrier and/or Shipper or in eventsCathay Pacific Airways Limited - General Conditions of Carriage for Cargo
Prepared by BLG HKG
which are foreseeable by them or either of them or in events which may constitute a
fundamental breach of contract or breach of a fundamental term.
12.3 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 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 by air.
Furthermore, Carrier will not be liable for loss or damage resulting from the inherent
defect, quality or vice of the cargo carried.
12.4 Carrier shall not be liable in any event for any (i) loss of business opportunities and
contracts, revenue, profits, anticipated savings, goodwill or reputation (whether
arising directly or not) and (ii) special, indirect or 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.
12.5 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 be 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
12.6 Liability of Carrier shall not exceed the applicable convention limit or, if no
convention applies, 17 Special Drawing Rights, 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 fact of the Air Waybill or included in the Shipment Record.
All claims shall be subject to proof of value.
12.7 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 items (smallest unit of
account being an object, package, box, or carton) affected when unpacked irrespective
of the number of packages identified on Air Waybill or Shipment Record.
Nevertheless, when the loss, damage or delay of part of the shipment, or of an object
contained therein, affects the value of other packages, boxes or cartons covered by the
same Air Waybill, the total weight of such affected package, box or cartons shall also
be taken into consideration in determining the limit of liability. In the absence of proof
to the contrary, the value of 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 we
|【 2011/6/6 9:26:43】 【 Print 】 【 Close window 】|
Next News:Contract and Notices on Air Waybill
|Home | About Us | Services | Copyright | Common queries | Site Map | legal | Set Home|