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 Warsaw Convention may be applicable. The Convention governs and, in most cases, limits the liability of the Carrier in respect of loss, damage, or delay to cargo to 250 French gold francs per kilogram, unless a higher value is declared in advance by the shipper and a supplementary charge is paid, if required.

Conditions of Contract

As used in this contract, “Carrier” means AVAKAAYA.COM and all air carriers that carry or undertake to carry the goods hereunder or perform any other services incidental to such air carriage.

“Warsaw Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, or that Convention as amended at The Hague on 28 September 1955, whichever may be applicable “French gold francs” refers to francs consisting of 65 ½ milligrams of gold with a fineness of nine hundred thousandths.

Without prior declaration, if the consignor keeps gold or silver in the package, the consignor will be liable to pay a fine up to Rs. 10,000/-.

(a) Liability Rules

Carriage hereunder is subject to the rules relating to liability established by the Warsaw Convention unless such carriage is not “international carriage” as defined by that Convention.

(b) Applicable Provisions

To the extent not in conflict with the foregoing, carriage hereunder and other services performed by each Carrier are subject to:

1. Applicable laws (including national laws implementing the Convention), government regulations, orders, and provisions herein set forth;
2. Applicable tariffs, rules, conditions of carriage, regulations, and timetables (but not the times of departure and arrival therein) of such Carrier, which are made part hereof and may be inspected at any of its offices and at airports from which it operates regular services.

In transportation between a place in the United States or Canada and any place outside thereof, the applicable tariffs are the tariffs in force in those territories.

The first Carrier’s name may be abbreviated on the face hereof, the full name and its abbreviation being set forth in such Carrier’s tariffs, conditions of carriage, regulations, and timetables. The first Carrier’s address is the airport of departure shown on the face hereof. The agreed stopping places (which may be altered by the Carrier in case of necessity) are those places, except the place of departure and the place of destination, set forth on the face hereof or shown in the Carrier’s timetables as scheduled stopping places for the route. Carriage performed hereunder by several successive carriers is regarded as a single operation.

Carrier's Liability Limits

Except as otherwise provided in Carrier’s tariffs or conditions of carriage, in carriage to which the Warsaw Convention does not apply, Carrier’s liability shall not exceed 500 units of account or the equivalent per kilogram of goods lost, damaged, or delayed, unless a higher value is declared by the customer and a supplementary charge is paid.

• If the total value of goods exceeds Rs. 12,000/-, the consignor must insure the shipment for the exact value of the shipment. Unless such insurance is taken, AVAKAAYA.COM International Courier will pay shipment value up to Rs. 12,000/- only for any shipment lost in transit.
• If a higher “Declared Value for Carriage” is entered on the Air Waybill and the shipper has paid the supplementary charge, Carrier’s limit of liability shall be the sum so declared. Payment of claims shall be subject to proof of actual damages suffered.

Partial Loss or Damage

In cases of loss, damage, or delay of part of the consignment, the weight to be taken into account in determining Carrier’s limit of liability shall be only the weight of the affected package(s).

Any exclusion or limitation of liability applicable to Carrier shall apply to and benefit Carrier’s agents, servants, representatives, and any person whose aircraft is used by Carrier for carriage. For these purposes, Carrier acts as agent for all such persons.

Substitution & Routing

Carrier undertakes to complete the carriage hereunder with reasonable dispatch. Except within the USA where Carrier tariffs will apply, Carrier may substitute alternate carriers or aircraft and may, without notice and with due regard to the shipper’s interests, substitute other means of transportation. Carrier is authorized to select or change the routing as necessary.

Period of Liability

Subject to the conditions herein, the Carrier shall be liable for the goods during the period they are in its charge or the charge of its agents.

Charges & Payment

• (a) 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 carriage due in accordance with Carrier’s tariffs, conditions of carriage, regulations, and applicable laws.
• (b) When no part of the consignment is delivered, a claim with respect to such consignment will be entertained even though transportation charges thereon are unpaid.

Notice of Arrival & Delivery

Notice of arrival of goods will be given promptly to the consignee or to the person indicated on the face hereof. On arrival at the destination, delivery will be made to, or in accordance with, the instructions of the consignee. If the consignee declines to accept the goods or cannot be contacted, disposition will be in accordance with the shipper’s instructions.

Claims Procedure

• (a) The person entitled to delivery must make a complaint to the Carrier in writing:
  • For visible damage: immediately after discovery and at the latest within 14 days from receipt;
  • For other damage: within 14 days from the date of receipt;
  • For delay: within 21 days from the date the goods were placed at disposal;
  • For non-delivery: within 120 days from the date of issue of the Air Waybill.
• (b) Complaints in writing 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 who performed the transportation during which the loss, damage, or delay occurred.
• (c) Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at destination, or from the date the aircraft ought to have arrived, or from the date transportation stopped.

Legal Compliance by Shipper

The shipper shall comply with all applicable laws and government regulations of any country to, from, through, or over which the goods may be carried, including those relating to packing, carriage, or delivery. Shipper must furnish all necessary information and documents required to comply with such laws. Carrier shall not be liable for loss or expense due to shipper’s failure to comply.

Authority & Modifications

No agent, servant, or representative of Carrier has authority to alter, modify, or waive any provisions of this contract.

Insurance

If Carrier offers insurance, and such insurance is requested and the appropriate premium is paid (and recorded on the Air Waybill), the goods covered by this Air Waybill are insured under an open policy for the requested amount. Recovery is limited to the actual value of goods lost or damaged, not exceeding the insured value. The insurance is subject to the terms, conditions, and exclusions of the open policy, available for inspection at Carrier’s office. Claims under such policy must be reported immediately to Carrier’s office.

Duties & Taxes

Consignee must pay duties and taxes at destination, if applicable. During customs clearance, if authorities require additional documents, the consignee must respond and submit the necessary documents to the concerned authorities.