Notice concerning carrier’s limitation of liability
If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Warsaw Convention may be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.
1. In this contract and the Notices appearing hereon:
CARRIER includes the air carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.
SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International Monetary Fund.
WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of carriage:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12,1929;
that Convention as amended at The Hague on September 28,1955;
that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.
MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on May 28,1999.
2. / 2.1 Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not 'international carriage'as defined by the applicable Conventions.
2.2 To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:
2.2.1 applicable laws and government regulations;
2.2.2 provisions contained in the air waybill, Carrier's conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage include, but are not limited to:
18.104.22.168 limits on the Carrier's liability for loss, damage or delay of goods, including fragile or perishable goods;
22.214.171.124 claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;
126.96.36.199 rights, if any, of the Carrier to change the terms of the contract;
188.8.131.52 rules about Carrier's right to refuse to carry;
184.108.40.206 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.
3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in Carrier's timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.
4. For carriage to which the Montreal Convention does not apply, Carrier's liability limitation for cargo lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in Carrier's tariffs or general conditions of carriage.
5. / 5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention), government regulations, orders and requirements.
5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.
6. / 6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.
6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.
7. / 7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining Carrier's limit of liability shall be only the weight of the package or packages concerned.
7.2 Notwithstanding any other provisions, for 'foreign air transportation'as defined by the U.S. Transportation Code:
7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier's limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and
7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same air waybill whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.
8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier's agents, employees, and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person's agents, employees and representatives.
9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.
10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.
10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:
10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo;
10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery.
10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier.
10.2 Such complaint may be made to the Carrier whose air waybill was used, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place.
10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be brought against Carrier.
10.4 Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
11. Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper's failure to comply with this provision.
12. No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions of this contract.
Air Waybill - Conditions of contract for cargo services for destinations within India
Non International Carriage of Cargo (Other than Baggage and Mail)
1. Jet Airways (India) Ltd. hereby makes the following Regulations relating to the conditions on non-International carriage of cargo (other than Baggage and Mail) performed by Jet Airways (I) Ltd. namely:
2. Short Title:
2.a These regulations may be called the Jet Airways (I) Ltd. Non-International Carriage of Cargo (other than Baggage and Mail) Regulations 1993.
2.b It shall come into force from 1st April, 1993.
In these regulations, unless there is anything repugnant in the subject or context:-
3.1 “Government” means the Government of India
3.2 “Non International Carriage” means carriage as defined in the Carriage by Air Act, 1972;
3.3 “Cargo” in this context will not include baggage and mail:
3.4 “Air Waybill” means “Air Consignment Note”.
3.5 “Shipper” means “Consignor”
3.6 “Carriage” means “Transportation”
3.7 “Carrier” means the Carrier (that is Jet Airways), issuing the Airway Bill; and
3.8 For the purposes of the exemption from and limitations of liability provision set forth or referred to in the Air Waybill, “Carrier” includes agents, servants or representatives of the carrier.
a. Carriage hereunder is subject to the rules relating to liability established by Air Act, 1972, (69 of 1972) as extended to non-international carriage with certain exceptions, adaptations and modifications vide Government of India, Ministry of Tourism and Civil Aviation Notification No AV-11012/8/72-A dated 30th March, 1973, published in Part II Section 3, Sub-Section (II) of The Gazette of India dated 30.3.1973 and modified by Government of India, Ministry of Tourism and Civil Aviation Notification No. AV-11012/5/5/79-A dated 5th July 1980 published in Part II Section 3, Sub-Section (II) of the Gazette of India 19.7.1980 and Government Notification dated 17.01.2014, (bearing no. 137) published in Part II Section 3, Sub-Section (ii) at New Delhi of the Gazette of India.
b. Carriage hereunder is subject to:-
i. Applicable laws, Government regulations, orders and requirements:
ii. Provision herein set forth;
iii. Applicable tariffs, rules, regulations and time-tables (but not the times of departure and arrival therein) of the carrier, which are made part hereof and which may be inspected at any of its offices and at airports from which it operates regular services.
c. The agreed stopping places (which may be altered by carrier in case of necessity) and those places, except the place of departure and the place of destination, set forth on the face of the Air Waybill or shown in the Carrier’s time-table as scheduled stopping places for the route.
d. The shipper acknowledges that he has been given the opportunity to make a special declaration of the value of the goods at delivery and that the sum entered on the face of the Air Waybill as “Shipper’s/ Consignor declared value for carriage” if in excess of Rs.350/- (Rupees Three Hundred and Fifty only) per kilogram constitutes such special declaration of value and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves the sum is greater than the actual value to the consignor at delivery.
4. In so far as any provision contained or referred to in the Air Waybill may be contrary to the mandatory law, government regulations, orders or requirements, such provision shall remain applicable to the extent that it is not over-ridden thereby. The invalidity of any provision shall not affect any other part thereof.
5. Except as the provisions of the Second Schedule to the Indian Carriage by Air Act, 1972 (69 of 1972) as applicable to carriage by air not being international carriage with exceptions, adaptations, and modifications thereof or other applicable law may otherwise require:-
a. The carrier is not liable to the shipper or any other person for any damage, delay or loss of whatsoever nature (hereinafter collectively referred to as “damage”) arising out of or in connection with the carriage of the goods, unless such damage excluding delay is proved to have been caused by the negligence or willful fault of the carrier and there has been no contradictory negligence of the shipper, consignee or other claimant. The carrier will not be liable for damage caused by delay in the carriage;
b. The carrier is not liable of any damage directly or indirectly arising out of compliance with laws, government regulations, orders or requirements or from any cause beyond the carrier’s control;
c. The charges for carriage having been based upon the value declared by the shipper, liability shall in no event exceed the shipper’s declared value for carriage stated on the face of the Air Waybill, and in the absence of such declaration by the shipper, the liability of the carrier for any loss, either direct, indirect or otherwise to the shipper, consignee or to any third party arising out of non-delivery or mis-delivery or negligence or for any other reason whatsoever shall not exceed Rs.350/- (Rupees Three Hundred and Fifty only) per kilogram of goods. The limitation of liability of the carrier will be a valid defense against claims made against it either by the shipper, consignee or any third party.
6. There shall not be any time limit fixed for the completion of carriage hereunder and that the carrier may without notice substitute alternate carriers or aircraft. The carrier does not assume any obligation to carry the goods by any specified aircraft or over any particular route or to routes or to make connections to any point according to any particular schedule, and the carrier is authorized to select, or deviate from the route or routes of shipments, notwithstanding that the same may be stated on the face of the Air Waybill. The shipper shall guarantee the payment of all charges and advances.
7. The goods or packages said to contain the goods, described on the face of the Air Waybill shall be accepted for carriage from their receipt at carrier’s terminal or Airport office at the place of departure to the Airport at the place of destination. If so specially agreed, the goods or packages said to contain goods, described on the face of the Air Waybill, will also be accepted for forwarding to the airport of departure and for the reforwarding beyond the airport of destinations. If such forwarding or reforwarding is by carriage operated by the carrier such carriage shall be upon the same terms as to liability as set forth in Regulations 3 and 5 above. In any other event, the issuing carrier, and last carrier respectively, in forwarding or reforwarding the goods, 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 proved to have been caused by its own negligence or willful fault. The shipper, owner and consignee will authorize such carriers to do all things deemed advisable to effect such forwarding or reforwarding including, but without limitation, selection of the means of forwarding or reforwarding and the routes thereof (Unless these have been specified by the shipper), executing an acceptance of documents of carriage (which may include provisions exempting or limiting liability) and consigning of goods with no declaration of value, notwithstanding any declaration of value in the Air Waybill.
8. The carrier authorized (but shall be under no obligation) to pay any duties, taxes or charges and to make any disbursement with respect to the goods, and the shipper, owner and consignee shall be jointly and severally liable for reimbursement thereof. It is necessary to make customs entry of the goods at any place, the goods shall be deemed to be consigned at such place to the person named on the face of the Air Waybill as customs consignee or, if no such person be named, to the carrier carrying the goods to such place or to such customs consignee, if any carrier may designate.
9. Except as otherwise specifically provided in the Airway Bill, delivery of goods will be made to the consignee name on the face of the Air Waybill, or the Consignee’s agent authorized accompanied by the consignee’s copy of the Air Waybill. Notice of arrival of the goods will, in the absence of other instructions, be sent to the Consignee by ordinary methods. The carrier will not be liable for the non-receipt or delay in receipt of such notice.
In case urgency is pleaded, the carrier may deliver the consignment to the Consignee or Consignee’s authorized agent without production of the consignee’s copy of the Air Waybill upon a Bond being furnished
The value for purpose of the Bond will be calculated at the rate of Rs.350/- (Rupees Three Hundred and Fifty only) per kilogram of the weight of the consignment, when no value is declared. Where the value is declared for carriage of goods the value for purposes of the Bond would be the value of the goods so declared.
The delivery of the consignment in the aforementioned manner shall be a complete discharge of any responsibility or liability of the carrier
10.a Receipt without complaint of any consignment a the time of delivery shall be prima facie evidence that the consignment has been delivered correctly and in good condition;
10.b No action shall be maintained in the case of damage to goods unless a written notice sufficiently describing the goods concerned, the approximate date of the damage and the details of the claims, is presented to an office of the carrier within 7 days from the date of receipt thereof, and in the case of loss (including non-delivery) unless presented within 120 days from the date of issue of the Air Waybill;
10.c Any rights to damages against the carrier shall be extinguished unless an action is brought within two years after the occurrence of the events giving rise to the claim.
11. The shipper shall comply with all applicable laws, and other government regulations including those relating to the packing, carriage or delivery of the goods, and shall furnish such information and attach such documents to the Air Waybill as may be necessary to comply with such laws and regulations. The carrier is not liable to the shipper or any other person for loss or expense due to shipper’s failure to comply with this provision.
12. No agent, servant or representative of the carrier has authority to alter, modify or waive any provision of the Air Waybill.
13. The Operator / Carrier shall always be entitled to open up the consignment to ensure the correctness of its content subject always to it being clearly understood that by doing so the Operator / Carrier shall not undertake any responsibility or liability for any contravention of Rule 8 of Aircraft Rules 1937 by the Consignor for which the Consignor alone shall continue to be liable.