GENERAL CONDITIONS OF CARGO CARRIAGE
FOR INTERNATIONAL AIR TRANSPORTATION
APPLIED BY LOT POLISH AIRLINES S.A.

 

 

 

 

 

GENERAL CONDITIONS OF CARGO CARRIAGE FOR INTERNATIONAL AIR TRANSPORTATION APPLIED BY LOT POLISH AIRLINES S.A.

 

For international carriage of cargo following general conditions apply:

 

AGENT – Any person or organization authorized to act for and on behalf of carrier in relation to the carriage of cargo.

 

AIR WAYBILL – The document made out by or on behalf of the shipper, which serves as evidence of the contract between the shipper and carrier for carriage of cargo over routes of carrier.

 

DAYS – Full calendar days including Sundays and legal holidays.

 

CARGO or GOODS – Anything carried or to be carried in an aircraft except mail and baggage carried under a passenger ticket and baggage check.

 

FRENCH GOLD FRANCS – French francs consisting of 65.5 milligrams of gold with fineness of nine hundred thousandths

 

CONVENTION OR WARSAW CONVENTION – The Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 19^th 1929, in its original form or that Convention as amended by the Hague Protocol of September 28^th 1955 – whichever may be applicable to the particular contract of carriage.

 

SHIPPER or CONSIGNOR – The person whose name appears on the air waybill, as the party contracting with the carrier for the carriage of goods.

 

CONSIGNEE – The person whose name appears on the air waybill, as the party to whom goods are to be delivered by the carrier.

 

CHARGES COLLECT – the charges entered on the air waybill for collection from the consignee against delivery of the shipment.

 

SHIPMENT OR CONSIGNMENT – One or more of pieces of goods accepted by the carrier from one shipper, at one time and at one address, receipted for in one lot and moving on one air waybill to one consignee and at one destination address.

 

CARRIER – Includes the air carrier as the party contracting for the carriage of goods and all carriers that carry or undertake to carry the cargo or to perform any other services related to such air carriage.

 

CARRIAGE or TRANSPORTATION – Carriage of cargo by air, or by other means of transportation, gratuitously or for reward.

 

SPECIAL DRAWING RIGHT (SDR) – Unit of accounts as defined by the International Monetary Found.

 

2.1 These General Conditions of Carriage shall apply to all carriage of cargo, including all services incidental thereto, performed by or on behalf of carrier.

 

2.2 All carriage and other services performed by carrier are subject to the applicable Convention and national laws (including national laws implementing a Convention) and other requirements or orders.

 

2.3 These General Conditions of Carriage and other applicable tariffs, rules and regulations of carrier may by inspected at any of its offices.

 

2.4 These General Conditions of Carriage do not apply to carriage between places in the USA and Canada and places outside thereof to which conditions and tariffs in force in those countries apply.

 

2.5 Carrier reserves the right to exclude the application of these General Conditions of Carriage, or any part of, with respect to gratuitous carriage.  

 

2.6 With respect to carriage of cargo performer pursuant to a charter agreement with carrier, these General Conditions of Carriage shall not apply except to the extent, that they are not inconsistent with the conditions contained in the charter agreement.

 

2.7 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 accepting carriage pursuant to a charter agreement, whether or not concluded with the shipper, agrees to be bound by the applicable terms thereof.

 

2.8 All carriage of cargo governed by these General Conditions of Carriage shall be subject to carrier’s rules, regulations and tariffs in effect of issuance of the air waybill provided, that in the event of inconsistency between these conditions and carrier’s rules, regulations and tariffs, these General Conditions of Carriage shall prevail.

 

2.9 These General Conditions of Carriage are subject to change without notice provided however that no change to the General Conditions of Carriage shall apply to a contract of carriage after the date if issuance of the air waybill by carrier.

 

 

3.1 Carrier undertakes to transport, subject to the availability of suitable equipment and space, all cargo shipments, unless otherwise excluded by carrier’s regulations, and provided that:

 

3.1.1 the transportation (export, import or transit) thereof is not prohibited by the laws of any country involved;

 

3.1.2 goods are packed in a manner suitable for carriage by aircraft;

3.1.3 all required shipping documents accompany the shipment;

 

3.1.4 they are not likely to endanger aircraft, persons or property, or cause annoyance to passengers.

 

3.2 Carrier reserves the right to refuse carriage of cargo when circumstances so require without assuming any liability.

 

3.3 Carrier may refuse carriage of valuable shipment having a declared value in excess of the amount specified in carrier’s regulations.

 

3.4 Shipments must be packed in an appropriate way for carriage by air so that it can be carried safely with ordinary care and so as not to injure or damage any persons, goods or property. Each package shall be legibly and durably marked with the name and full address of the shipper and consignee.

 

3.5 Packages containing valuables as defined in carrier’s regulations must be sealed if so requested by carrier in specific rules.

 

3.6 Responsibility for non – observance of the conditions relating to the carriage of special cargo rests upon the shipper who shall indemnify carrier for any loss, damage, delay, liability or penalties carrier may incur because of carriage of any such cargo.

 

3.7 Dangerous goods, live animals, perishables, valuables, human remains and other special cargo will be acceptable only under the conditions set forth in carrier’s regulations applicable to the carriage of such cargo.

 

3.8 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 shall be under no obligation to do so.

 

3.9 When shipper undertakes to load a ULD he must comply with carrier’s loading instructions and shall be liable for and indemnify carrier against consequences of any non-compliance with such instructions.

 

 

4.1 The shipper shall supply carrier with an air waybill completed in the form, manner and number of copies as prescribed by carrier, together with the shipment.

 

4.2 At the request of the shipper carrier may take out the air waybill on behalf of the shipper provided that all information necessary to the completion of the air waybill is furnished by the shipper to the carrier.

 

4.3 If the air waybill handed over to the carrier or if the particulars relating to the cargo furnished by the shipper for insertion in the air waybill do not contain all the required particulars, or, if the air waybill or such particulars or statements contain any error, carrier is authorized to complete or correct the air waybill or particulars or statements to the best of his knowledge without being under no obligation to do so.

 

4.4 The shipper is responsible for the correctness of all particulars and statements inserted by him in the air waybill or furnished by him or on his behalf to carrier.

Where such information is provided by electronic means (EDI – Electronic Data Interchange), it is the responsibility of the shipper or his agent to verify contents of the messages according to the agreed standards and specifications.

 

4.5 The shipper shall indemnify carrier against all damage suffered by him, or by any other person to whom the carrier is liable, as a result of the irregularity, incorrectness or incompleteness of the particulars furnished by the shipper.

 

4.6 Carrier will not accept air waybills, the writing on which has been altered or erased.

The air waybill shall be considered to be executed when signed by the carrier – it proves the contract between the shipper and the carrier.

 

 

5.1 Rates and charges governed by these General Conditions of Carriage are those published by carrier and in effect on the date of the execution of air waybill.

 

5.2 Published rates and charges, based in the units of measurement, cover only the carriage of consignment between airports. Such charges do not include following services and charges:

a)      pick-up and delivery,

b)      storage charges,

c)      insurance charges,

d)      customs clearance,

e)      disbursements,

f)        airport taxes and charges,

g)      expenses for the repairing of faulty packing,

h)      other similar charges and services.

 

5.3 Rates and charges are published in the currency shown in the applicable tariffs and shall be paid in the currency acceptable to the carrier. When payment is made in other currency than that in which the rate is published, the rate of exchange shall be established by carrier for such purpose.

 

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

 

5.5 The shipper shall be liable for payment of all unpaid charges, charges collect, advances and disbursements for carrier. The shipper also guarantees payment of all costs, penalties loss and damage of whatever nature which carrier may incur or suffer by reason of inclusion in the shipment of prohibited articles or improper labeling or marking, incorrect description of cargo, incorrectness of required documentation or incorrect statement of weight or volume.

 

5.6 Carrier shall have a lien on the cargo for all unpaid charges, as per para. 5.5 arising out of the contract of carriage. In the event of non-payment of any amount due, carrier shall have the right to dispose of the cargo at private or public sale. Prior to such sale carrier shall have mailed notice to the shipper or to the consignee.

No such sale shall discharge any liability to pay deficiencies, for which the shipper and the consignee shall remain jointly liable.

By taking delivery or by exercising any other right arising from the contract of carriage, the consignee agrees to pay such charges, sums and advances if not actually paid.

 

5.7 Carrier shall be entitled to require additional payment if the gross weight, quantity, measurements or declared value of the shipment exceeds those on which charges have been previously computed.

 

5.8 Charges collect shipments will only be accepted to countries to which charges collect service is permitted and subject to the conditions contained in carrier’s regulations – information on these countries may be obtained from carrier’s offices.

 

5.9 All applicable charges are payable in cash at the time of acceptance of the cargo by the carrier in the case of charges prepaid basis, i.e. charges to be paid by the shipper, or at the time of delivery thereof by the carrier in the case of charges collect basis, i.e. charges are to be paid by the consignee.

 

5.10 Carrier may cancel the carriage in case of refusal by the shipper to pay the charges or portion thereof demanded by carrier, without being subject to any liability.

6.1 The shipper shall comply with all applicable laws, customs and other government regulations of the countries to/from/through or over which the cargo will be carried including, but not limited, to those relating to the packing, carriage or delivery of the cargo. He shall furnish the carrier with complete information and documents, as may be necessary, together with the shipment in order to comply with such laws regulations.

Carrier shall not be liable to the shipper for loss or expenses due to the shipper’s failure to comply with this provision. The shipper shall be liable to carrier for any damage caused by the failure of the shipper to comply with this provision.

 

6.2 Carrier may refuse carriage of cargo if such refusal is required by the applicable law or other regulations or requirements.

 

6.3 Carrier is authorized (but under no obligation) to advance any duties, taxes or charges and to make any disbursements with respect to the cargo. 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 at any transit points, and no customs clearance agent has been named on the air waybill, the cargo shall be deemed to be consigned to the carrier carrying the cargo to such place. For such purpose a copy of the air waybill, certified by the carrier, shall be deemed original.

 

6.4 Times shown in carrier’s timetables or elsewhere are approximate and form no part of the contract of carriage. Schedules are subject to change without previous notice. No time is fixed for commencement or completion of carriage or delivery of shipment.

Unless specifically agreed otherwise and so indicated in the air waybill, carrier undertakes to carry the cargo with reasonable dispatch but assumes no obligation to carry the shipment on a particular aircraft, by particular flight or over a particular route. Carrier is authorized to select or deviate from the route of the shipment and to carry the consignment wholly or partly by means of surface transportation.

 

6.4.1 Shipper or consignee is authorized to the compensation occasioned by delay in the carriage, if the cargo has not arrived at the expiration of seven days after the dates on which it ought to have arrived.

 

6.5 Carrier is not responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representative of carrier is authorize to bind carrier by any statements or representations of the dates or times of departure or arrival, or of operation of any flight. Carrier is authorized to carry the consignment without notice wholly or party by any means of surface transportation.  

 

6.6 Carrier may without notice cancel, terminate, divert, postpone or advance any flight if it is advisable to do so, because of any fact beyond its control or not to be foreseen, anticipated or predicted at the time the cargo was accepted (such as: acts of God, force majeure, strikes, riots, war, embargos, unfavourable meteorological conditions, technical difficulties).

 

6.7 Carrier shall not be under any liability with respect to the cases mentioned under 6.4 and 6.5 above. Carrier may in such cases, but shall not be obliged to, hand over the shipment in the name of the shipper or the consignee, and on their account, to any transfer agent for transfer or delivery, or for storage and this shall be deemed complete delivery under the contract of carriage, and carrier shall be without any further liability with respect thereto, except to notify the shipper or the consignee at the address mentioned in the air waybill.

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 attached to the cargo.

 

6.8 Carrier is authorized, subject to applicable government laws, orders and regulations, to determine the priority of carriage as between shipments, and as between cargo and mail or passengers. 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 the shipper or consignee or to any other party for any consequences.

 

6.8 If it is necessary for any reason, in the opinion of carrier, to hold the consignment at any place for any purpose (during or after carriage) carrier may, after giving notice to the shipper, store the shipment 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.

 

 

 

 

7.1 Every exercise of the right of disposition must be made by the shipper or his designated agent and must be applicable to the whole consignment under a single air waybill. 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 must be given in writing, in the form prescribed by carrier, and upon producing the shipper’s original of the air waybill and guaranteeing payment of all charges resulting from it.

 

7.2 The right of disposition must not be exercised in such a way, that it prejudices carrier or other shippers. If in the carrier’s opinion it is not practicable to carry out the instructions of the shipper, he shall so inform him promptly.

 

7.3 The shipper may dispose of the cargo by:

-         withdrawing it at the port of departure or of destination, or

-         stopping it in the course of carriage on any landing place, or

-         requiring delivery to a person other than the consignee named on the air waybill, or

-         requiring return of consignment to the airport of departure

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.

 

7.4 The shipper’s right to 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. Nevertheless, if the consignee declines to accept the cargo or air waybill, or if he cannot be communicated with, such right of disposition shall continue to vest in the shipper.

 

7.5 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.

 

 

8.1 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 mentioned in the air waybill. Such notice will be sent by ordinary methods.

Carrier is not liable for non-receipt or delay of such notice.

 

8.2 Except as otherwise specifically provided in the air waybill, 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 when:

-         carrier has delivered to the consignee or his agent any authorization required to enable to obtain release of the shipment, and

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

 

8.3 Unless otherwise agreed, the consignee must accept delivery of and collect consignment at the airport of destination within time specified in carrier’s regulations;

perishables, dangerous goods and live animals must be accepted immediately after receiving information abort its arrival.

 

8.4 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.

 

8.5 If the consignee refuses or fails to take delivery of the shipment after its arrival at the airport of destination, carrier will aim to comply with any instructions of the shipper set forth on the face of the air waybill. If no such instructions exist, 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 at public or private sale or destroy according to applicable law.

 

8.6 The shipper shall be liable for returning all charge and expenses resulting from or in connection with the failure to take delivery of the shipment, including carriage charge if the shipment is returned to the airport of departure; if 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 days (10) notice of its intention to do so.

 

8.7 If the shipment contains live animals, perishables or dangerous material as defined in carrier’s regulations, carrier is not obliged to respect the time limits mentioned under para. 8.5 above. When such shipment is delayed in the possession of carrier or refused at place of delivery, carrier may immediately take steps in order to protect itself and other parties in interest, including the destructions of the shipment, storage of the shipment at the cost and risk of the shipper or, the disposition of the shipment at public or private sale without notice.

8.8 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 authorized 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.

 

8.9 By accepting delivery of the air waybill and/or 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.

 

Carriage to be performed under one contract of carriage by several successive carriers is regarded as single operation.

 

 

Except as otherwise required by applicable mandatory law or government regulations.

 

10.1 Carrier is liable to the shipper, consignee or any other person for damage sustained in the event of destruction or loss of, or damage to, or delay in the carriage of cargo only, if the occurrence which cause the damage so sustained took place during the carriage as defined under Article 1.

 

10.2 Carrier should not be liable to the shipper, consignee or any other person for any damage, delay or loss of whatever nature arising out of or in connection with the carriage of cargo, or other services performed by carrier, unless such damage, loss or delay is proved to have been caused by the negligence or willful default of carrier and there has been no contributory negligence on the part of the shipper, consignee or other claimant.

 

10.3 Carrier shall not be liable if the destruction, loss of or damage to is proved to have resulted solely from the inherent defect, quality, nature or vice of that cargo.

 

10.4 Carrier shall not be liable for any loss, damage or expense arising from 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 that caused or contributed to by the: condition, nature or propensities of the animal, improper parking, inability to withstand change of climate, temperature or altitude inherent in the carriage by air.

 

10.5 Carrier shall not be liable in any event for any consequential loss or damage arising from carriage subject to these General Conditions of Carriage, whether or not carrier had knowledge that such loss or damage might be incurred.

 

10.6 If the damage was caused or contributed to by the negligence, or other wrongful act of omission of the person claiming compensation, or the person from whom he derives his rights, carrier shall be wholly or partly exonerated from liability to the claimant to the extent, that such negligence or wrongful act of omission caused or contributed to the damage.

 

10.7 Unless the shipper has made in advance a special declaration of value for carriage and has paid the supplementary sum applicable, liability of carrier shall be limited to the applicable Convention limit of 19 Special Drawing Rights (or their equivalent) per kilogram of cargo lost, destroyed or delayed. If the shipper has made a special declaration of value for carriage, carrier’s liability is limited to such declared value for carriage stated on the face of the air waybill.

 

All claims are subject to proof of amount of loss.

 

10.8 In case of loss, damage or delay of part of the shipment, or of any object contained therein, the weight to be taken into consideration in determining the amount to which carrier’s liability is limited shall be only the weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of part of the shipment, or object contained therein, affects the value of other packages covered by the same air waybill, the total weight of such packages shall also be taken into account 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. In no case shall carrier’s liability exceed the actual loss suffered.

10.9 If the consignment or its contents causes damage to or destruction of another shipments, or the property of carrier or third parties, the shipper shall indemnify carrier for all losses and expenses incurred by carrier a result thereof and shall hold harmless carrier from third party claims for such damage.

Cargo which, because of inherent defect, quality or vice, or because of defective packing, is likely to endanger aircraft, persons or property, may be abandoned or destroyed by carrier without notice and without liability therefore attaching to carrier.

A carrier issuing an air waybill for carriage over the lines of another carrier does so only as agent for such other carrier.

 

10.10 Carrier shall not be liable for the loss, damage or delay of cargo shipment not occurring on its own line. A carrier issuing an air waybill for carriage over the lines of another carrier does so only as agent for such other carrier.

Nevertheless, in the case of carriage performed by several successive carriers, the shipper shall have the right of action for such, damage, loss or delay against the first carrier and the consignee shall have such right of action against the last carrier.

 

10.11 Whenever the liability of carrier is excluded or limited under the General Conditions of Carriage, such exclusion or limitation shall apply to agents, servants or representatives of carrier acting within the scope of their employment and, also to any carrier whose aircraft or other means of transportation is used for carriage.

 

11.1 Receipt by the person entitled to delivery of the cargo without complaint is primo facie evidence, that the same has been delivered in good condition and in accordance with the contract of carriage.

 

11.2 No action shall be maintained in the case of loss or damage to goods unless a complaint is made to carrier in writing by the person entitled to delivery and dispatched within the times mentioned below:

 

11.2.1 in the case of visible damage to or partial loss of the goods, immediately after its discovery and at the latest within fourteen (14) days after the date of receipt of the goods;

 

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

 

11.2.3 in the case of the delay, within twenty-one (21) days from the date on which the goods were placed at the disposal of the person entitled to delivery;

 

11.2.4 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.

 

11.3 Any right to damages against carrier shall be extinguished, unless an action is brought, within two years after the occurrence of the events giving rise to the claim.

 

11.4 Any claim related to damage, loss or delay shall belong to the person entitled to dispose of the cargo (shipper’s right of disposition – as per Article 7). After delivery of the consignment, the consignee shall be exclusively entitled to bring an action (Article 8).

 

 

Insofar as any provision contained or referred to in the air waybill or in these General Conditions of Carriage may be in contrary to mandatory law, government regulations, orders or requirements, such provision shall remain applicable to the extent, that it is not overridden thereby.

 

The invalidity of such provision shall not affect any other part of these General Conditions of Carriage.

 

No agent, servant or representative of carrier has authority to alter, modify or waive any provisions of the contract of carriage or of these General Conditions of Carriage.