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FINNAIR CARGO OY - GENERAL CONDITIONS OF CARRIAGE

Important notice:

These general conditions of carriage:

  • EXCLUDE the liability of the Carrier and its employees or agents for loss, damage and delay in certain circumstances;
  • LIMIT liability to stated amounts where liability is accepted; and
  • REQUIRE NOTICE of claims within strict time limits.

SHIPPERS SHOULD READ THESE CONDITIONS CAREFULLY AND WHERE NECESSARY OBTAIN INSURANCE COVER IN ORDER TO PROTECT THEIR INTERESTS.

Finnair Cargo Oy reserves the right to change these Terms without prior notice.

ARTICLE 1: DEFINITIONS
ARTICLE 2: APPLICATION
ARTICLE 3: ACCEPTABILITY OF GOODS FOR CARRIAGE
ARTICLE 4: DOCUMENTATION
ARTICLE 5: RATES AND CHARGES
ARTICLE 6: SHIPMENTS IN COURSE OF CARRIAGE
ARTICLE 7: SHIPPER’S RIGHT OF DISPOSITION
ARTICLE 8: DELIVERY
ARTICLE 9: PICK-UP AND DELIVERY SERVICES
ARTICLE 10: SUCCESSIVE CARRIERS
ARTICLE 11: CARRIER’S LIABILITY
ARTICLE 12: LIMITATIONS ON CLAIMS AND ACTIONS
ARTICLE 13: MODIFICATION AND WAIVER

ARTICLE 1: DEFINITIONS:

Air Waybill, or Consignment note, means the non-negotiable document entitled "Air Waybill/Consignment Note" made out by or on behalf of the Shipper which evidences the contract between the Shipper and the Carrier for carriage of Cargo. Reference to Air Waybill or Consignment note shall, where the context permits, be construed as to include Shipment Record.

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.

Charges Collect means the charges entered on the Air Waybill for collection from Consignee against delivery of the Shipment.

SDR means a Special Drawing Right as defined by the International Monetary Fund. Special Drawing Right is converted into national currency in accordance with the method of valuation applied by the International Monetary Fund in effect on the date of issuance of the air waybill or, in the case of judicial proceedings regarding damages, on the date on which the amount of the damages is ordered by the court.

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.

Carriage, or Transportation, means the carriage of Cargo by air or by other means of transportation, whether gratuitous or for reward. The Carriage comprises the period during which the Cargo is in the charge of the carrier.

Declared Value for Carriage means the value of the Shipment declared to the Carrier by the Shipper in the appropriate place on the Air Waybill (field entitled “value for carriage”) in accordance with Article 3.2 hereunder.

Shipper, or Consignor, means the person whose name appears on the Air Waybill as the party contracting with the Carrier for the Carriage of Goods.

Shipment, or Consignment, means one or more pieces of Goods accepted by the Carrier from one Shipper at one time and at one address, receipted for in one lot and moving under a single Air Waybill to one Consignee at one destination address.

Pick-up Service means the surface Carriage of outbound Shipments from the point of pick-up at the address of the Shipper or that of its agent to the airport of departure.

Days mean full calendar days, including Sundays and legal holidays; provided that for the purpose of notification the balance of the day upon which notice is delivered will not be counted.

Carrier means air carrier and includes the air carrier issuing the Air Waybill and all air carriers that carry or undertake to carry the Shipment under such Air waybill or perform or undertake to perform any other services related to such air carriage.

Cargo, or Goods, means any matters carried or to be carried in an aircraft, excluding mail or baggage but including unaccompanied baggage moving under an Air Waybill.

Shipment Record means any record of Carriage preserved by Carrier, evidenced by means other than an Air Waybill. If such procedure is being used, carrier has to give shipper a receipt to identify shipment if requested by the shipper.

Dangerous Goods mean items specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations and in the Carrier’s regulations, which may endanger the aircraft or persons or property on board the aircraft.

Consignee means the person whose name appears on the Air Waybill as the party to whom the Shipment is to be delivered.

Convention means whichever of the following instruments applicable to the contract of Carriage:

* Convention for Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12th October, 1929 (hereinafter referred to as “Warsaw Convention”),

* Warsaw Convention as amended at The Hague in on 28th September, 1955;

* Warsaw Convention as amended at The Hague and by Additional Protocol No. 1 of Montreal in 1975;

* Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal in 1975;

* Warsaw Convention as amended at The Hague and by Additional Protocol No.4 of Montreal in 1975;

* The Montreal Convention of 1999.

ARTICLE 2: APPLICATION

2.1 Application

2.1.1 These General Conditions of Carriage (hereinafter referred to as “Terms”) shall apply to all Carriage of Cargo including all services incidental thereto, performed by Finnair Cargo Oy or other Carrier authorised by it. These Terms govern the liability of Finnair Cargo Oy when Finnair Cargo Oy is liable for the performance of Carriage of Cargo or other services incidental thereto by another Carrier by virtue of law or these Terms.

2.1.2 These Terms (including the Convention, the Air Waybill and other documents expressly stated herein) represent the entire agreement between the parties and shall prevail over, exclude and supersede any other terms or conditions, oral or written, wherever appearing or made and, in particular, any terms or conditions sought to be incorporated by the Shipper, or any other written or oral statements concerning these Terms or the Carriage of Cargo or other services by Finnair Cargo Oy.

2.1.3 These Terms are published electronically on the Internet and are available in printed form at the offices of Finnair Cargo Oy. The Terms will be mailed upon request. Finnair Cargo Oy reserves the right to unilaterally modify, change or supplement the Terms without notice and all carriage of Cargo shall be subject to the Terms in effect on the date of receipt of the Air Waybill by Finnair Cargo Oy.

2.1.4 The Terms supplement and detail the terms and conditions on the back of the Air Waybill. In case of conflict between the Terms and the Air Waybill, manifest, shipping label or other transit documentation, the Terms shall take precedence. The Terms shall be applied to the fullest extent permitted by the Convention, the tariffs or other applicable imperative law.

2.1.5 Insofar as any provision contained or referred to in these Terms cannot be applied, such provision shall be limited to the maximum extent permitted and, as limited, shall remain in effect as part of the agreement between Finnair Cargo Oy and the Shipper. The invalidity or unenforceability of any provision shall not affect any other part of these Conditions.

2.1.6 Carriage and other services by other Carriers or service providers are subject to terms and conditions of such other parties and such terms and conditions may differ from these Terms.

2.2 In possible conflict situations above mentioned conditions and regulations are being applied in following order:
1. Regulations stated in Convention or National legislations
2. Conditions mentioned in airway bill or shipment record and these Conditions of carriage for cargo;
3. Other carriage regulations given and applied by carrier;
4. Government and other authorities regulation

2.3 Gratuitous Carriage: To the extent permitted by law with respect to gratuitous carriage, Finnair Cargo Oy reserves the right to exclude the application of all or any part of these Terms.

2.4 Change without Notice: Except as may be required by applicable laws or governmental regulations, these Terms, applicable rates and charges are subject to change without notice provided, however, that no such change shall apply to a contract of carriage after the date of entry of the same onto the Air Waybill. Taxes, fees and other charges of third parties are added to the price of the Carriage and they may change after the date of entry into the Air Waybill.

2.5 Application to United States and Canada: These Terms 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 the Carrier.

2.6 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 Terms shall not apply except to the extent provided in said charter tariff. Where Carrier has no charter tariff applicable to such charter agreement, these Terms shall apply to such agreement except that Carrier reserves the right to exclude the application of all or any part of these Terms and, in case of divergence between the applicable provisions of these Terms 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.

2.7 Carrier’s regulations: To the extent permitted by law, Carrier’s regulations in force at the time of acceptance by Carrier of the Air Waybill shall be applied to the Carriage. Carrier’s regulations shall include, inter alia, the Carrier’s freight priority rules and the regulations published in The Air Cargo Tariff (TACT) book. 

ARTICLE 3: ACCEPTABILITY OF GOODS FOR CARRIAGE

3.1 Acceptable Cargo:
3.1.1. Finnair Cargo Oy undertakes to transport, subject to the availability of suitable equipment and space for carrying the Shipment, provided that:

3.1.1.1 such Cargo is not excluded by the regulations or timetables of any Carrier taking part of the carriage;

3.1.1.2 the transportation, or exportation or importation thereof is not prohibited by the laws or regulations of any country to be flown from, to, through or over;

3.1.1.3 the Cargo is in the opinion of the Carrier suitable for transport by the Carrier’s aircraft and they are packed and marked in a manner suitable for carriage by aircraft and will sustain unharmed storing with the Carrier of at least 36 hours or such longer time as specified the carrier without special measures being required from the Carrier.

3.1.1.4 the Cargo is accompanied by the requisite shipping documents;

3.1.1.5 the Cargo is in the opinion of the Carrier not likely to endanger the safety of the aircraft, persons or property, or to cause annoyance to passengers.

3.1.2 Finnair Cargo Oy reserves the right to refuse any Shipment at any time if the circumstances so require, and shall not be liable for any loss arising from such refusal.

3.2 Value limits; Declared Value for Carriage: Finnair Cargo Oy reserves the right to refuse any Shipment of which the Value for Carriage exceeds the value of the Shipment computed by applying the per kilo limit stated in these Terms. If the Value for carriage is not expressly declared on the Air Waybill in the specified field entitled “value for carriage”, the Carrier’s liability is limited to the per kilo limit stated in these Terms irrespective of possible additional charges based on value, valuable items carriage or otherwise, having been charged.

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 it can be carried safely with ordinary care in handling 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 street address of the Shipper and the Consignee. The Carrier is not liable for defective packing or marking of the Cargo unless performed by the Carrier of someone in the Carrier’s service.

3.3.2 Packages containing valuables as defined in Carrier’s regulations must be sealed in a method required by such Carrier.

3.4 Cargo subject to Special Conditions: Special Cargo, including but not limited to valuables, Dangerous Goods, live animals, perishables, fragile goods, and human remains, is acceptable only under the conditions set forth in Carrier’s regulations applicable to the Carriage of such Cargo.

3.5 Responsibility for non-observance of conditions relating to Cargo: Responsibility for non-observance of the conditions relating to the Carriage of Cargo rests upon the Shipper and the Shipper shall indemnify Carrier for any loss, damage, delay, liability or penalties Carrier may incur because of Carriage of any such Cargo.

3.6 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. Carrier shall is not liable for any damage to Shipment arising out of the inspection, unless due to gross negligence or wilful misconduct of the Carrier.

3.7 Unit Load Devices: Carriage of Unit Load Device (ULD) and the Goods contained therein is subject to these Terms. When Shipper or someone acting on his behalf undertakes to load a 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.

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 the 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 may, instead of delivering an Air Waybill, make 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 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 and completeness 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. Shipper is responsible for providing all information and documents required for compliance with customs, export, import and tax regulations and other regulations such as Dangerous Goods regulations. The Carrier shall not be obliged to verify that the information and documents provided by or on behalf of the Shipper are correct and complete. 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 someone on his behalf.

4.6 Alterations: The Carrier reserves the right to not accept the Air Waybill, on which the writing has been, or is suspected to have been, altered or erased.

ARTICLE 5: RATES AND CHARGES

5.1 Applicable rates and charges: Rates and charges for Carriage governed by these Terms are those published by Carrier and in effect on the date the Air Waybill is received and accepted by the Carrier.

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

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

5.4 Payment of charges:

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

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

5.4.3 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;
• the illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or descriptions of the Cargo;
• the absence, delay or incorrectness of any export or import licence or any required certificate or document;
• any improper customs valuation, or incorrect statement of weight or volume; or
• any other breach by Shipper of its obligations

5.4.4 Carrier shall have a lien on the Cargo for each of the amounts payable under 5.4.2 and 5.4.3 and 6.2, in the event of non-payment thereof, the Carrier shall have the right to dispose of the Cargo at public or private sale (provided that prior to such sale Carrier shall have mailed notice thereof to the Shipper or to the Consignee at the address stated in the Air Waybill) and to pay itself out of the proceeds of such sale any and all such amounts. No such sale shall, however, discharge any liability to pay any deficiencies, for which the Shipper and the Consignee shall remain jointly and severally liable. By taking delivery or exercising any other right in respect of the Shipment, the Consignee agrees to pay such charges, sums and advances, except prepaid charges.

5.4.5 The Carrier is not obliged to deliver the Cargo to the Consignee until each of the amounts payable under 5.4.2, 5.4.3 and 6.2 have been paid.

5.4.6 If the gross weight, measurement, quantity or declared value of the Cargo exceeds the gross weight, measurement, quantity or declared value on which charges for Carriage have been previously computed, Carrier shall be entitled to require payment of the charge on such excess.

5.4.7 Charges Collect Shipments will be accepted only to countries and destinations 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.

5.4.8 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.

5.4.9 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.

5.5 The Carrier reserves the right to assess fuel and other surcharges on Shipments. The duration and amount will be determined at the Carrier’s sole discretion. The Sender, by tendering his Shipment to the Carrier, agrees to pay the surcharges in force at the later of the time of order or time of collection. Details of current surcharges are available upon request.

 ARTICLE 6: SHIPMENTS IN COURSE OF CARRIAGE 

6.1 Compliance with government requirements:

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

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

6.1.3 Carrier shall not be liable for any damage arising out of or in anyway connected with Carrier complying with the applicable laws or regulations.

6.2 Disbursements and customs formalities: Carrier is authorised (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursement with respect to the Cargo and the Shipper and the Consignee by taking delivery or exercising any other right in respect of the Shipment 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 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, 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 Shipment Record, certified by the Carrier, shall be deemed original.

6.3 Schedules, routings and cancellations:

6.3.1 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 timetables or other representations of schedules. No employee, Agent or representative of Carrier is authorised to bind Carrier by any statements or representations of the dates or times of departure or arrival, or of operation of any flight.

6.3.2 Carrier is authorised to carry the consignment without notice wholly or partly by any other means of transportation or to arrange such Carriage.

6.3.3 If it considers that it would be advisable to do so because of any fact beyond its control or not reasonably to be foreseen, anticipated, or predicted at the same time the Cargo was accepted; or if it 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, without any liability towards Shipper, Consignee or third party.

6.3.4 Provided that no regulations/laws to the contrary are applicable, in the event any flight is, pursuant to 6.3.3, 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 gross negligence and wilful misconduct. 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. Carrier may, but shall not be obligated to, forward the Shipment for Carriage by any other route or forward the Shipment as AGENT for the Shipper or the Consignee for onward Carriage by any transportation service on behalf of the Shipper or the Consignee. The cost of doing so attaches to the Cargo.

6.3.5 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 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 reasonable purpose, either before, during or after Carriage, Carrier may, upon giving notice thereof to the Shipper, store the Shipment for the account and at the risk and expense of the Shipper, in any warehouse or other available place, or with the customs authorities; or Carrier may deliver the Shipment to another transportation service for onward Carriage to the Consignee. The Shipper shall indemnify Carrier against any expense or risk so incurred.

6.5 Illegal Goods: The Shipper shall indemnify Carrier against any expenses and losses arising from a Shipment being stopped due to e.g. the Shipment containing alleged or actual piracy goods, not having all the required licences or due to other illegality. 

ARTICLE 7: SHIPPER’S RIGHT OF DISPOSITION 

7.1 Exercise of right of disposition: Every exercise of the right of disposition must be made by the Shipper or his designated agent, if any, and must be applicable to the whole Shipment under a single Air Waybill. The right of disposition over the Cargo may only be exercised if the Shipper or such Agent produces the part of the Air Waybill which was delivered to him, or communicates such other form of authority as may be prescribed by Carrier’s regulations. Instructions as to disposition must be given in writing in the form prescribed by Carrier. In the event that the exercise of the right of disposition results in a change of Consignee, such new Consignee shall be deemed to be the Consignee appearing on the Air Waybill or in the Shipment record.

7.2 Shipper’s option

7.2.1 To the extent permitted by law and the Convention, and 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’s or other Shippers’, or the Consignee’s right to delivery, the Shipper may at his own expense dispose of the Cargo either:

7.2.1.1 by withdrawing it at the airport of departure; or

7.2.1.2 by stopping it in the course of the journey on any landing; or

7.2.1.3 by calling for it in course of the journey to be delivered at the place of destination to a person other than the Consignee named in the Air Waybill or Shipment Record; or

7.2.1.4 by requiring it to be returned to the airport of departure;

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

7.3 Indemnity and expenses: The Shipper shall be liable for and shall indemnify Carrier for all loss or damage suffered or incurred by the Consignee, Carrier, Shipper or third party as a result of the exercise of Shipper’s right of disposition. The Shipper shall reimburse Carrier for any expenses occasioned by the exercise of such right.

7.4 Extent of shipper’s right: The Shipper’s right of disposition shall cease at the moment when, after arrival of the Cargo at the destination, the Consignee takes possession or requests delivery of the Cargo or Air Waybill, or otherwise shows his acceptance of the Cargo. Nevertheless, if the Consignee declines to accept the Air Waybill or the Cargo, or if he cannot be communicated with, such right of disposition shall continue to vest in the Shipper.

ARTICLE 8: DELIVERY

8.1 Notice of arrival: Notice of arrival of the Shipment will, in the absence of other instructions, be sent to the Consignee and any other person whom Carrier has agreed to notify as evidenced in the Air Waybill; such notice will be sent by ordinary methods applied by the Carrier. Carrier is not liable for non-receipt or delay in receipt of such notice unless due to gross negligence or wilful misconduct by the Carrier.

8.2 If shipper has not exercised his right to stop the cargo, consignee has the right to get the goods from carrier after its arrival at destination, if he is reimbursing any expenses carrier might have in outstanding account relating to that certain transportation and fulfilling all other obligations they might have based on the air transport contract.

8.3 Delivery of shipment: 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:

8.3.1 when Carrier has delivered to the Consignee or his agent any authorisation from Carrier required to enable the Consignee to obtain release of the Shipment; and

8.3.2 when the Shipment has been delivered to customs or other government authorities as required by applicable laws or customs regulations.

8.3.3 After the shipment has been released to person entitled for delivery carriers cannot be held liable. Unless something else agreed between carrier and shipper, carrier’s liability will end after 20 days of arrival note being sent.

8.4 Place of delivery: Except as provided in 9.3, the Consignee must accept delivery of and collect the Shipment at the airport of destination or the respective facility as designated by the Carrier.

8.5 Failure of consignee to take delivery

8.5.1 Subject to the provisions of 8.5 hereof, if the Consignee refuses or fails to take delivery of the Shipment after its arrival at the airport of destination, Carrier will endeavour to comply with any instructions of the Shipper set forth on the face of the Air Waybill. If such instructions are not so set forth or cannot reasonably be complied with, Carrier shall notify the Shipper of the Consignee’s failure to take delivery and request his instructions. If no such instructions are received within thirty (30) Days from the date of such request, Carrier may sell the Shipment in one or more lots at public or private sale, or destroy or abandon such Shipment. In the event the Shipment contains Special Cargo, the Carrier has the right to act as it sees fit with respect to such Cargo and shall not be obliged to follow the 30 Days’ notice period.

8.5.2 The Shipper shall indemnify the Carrier against all charges and expenses resulting from or in connection with the failure to take delivery of the Shipment, including, but not limited to, storage charges and 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. In the event the Shipment contains Special Cargo, the Carrier has the right to act as it sees fit with respect to such Cargo and shall not be obliged to follow the 10 and 15 Days’ notice period.

8.6 Disposal of perishables

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

8.6.2 In the event of the sale of the Shipment as provided for above, either at the place of destination or at the place to which the Shipment has been returned, Carrier is authorised to pay to itself and other Carriers 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.

8.7 Responsibility for Charges: By accepting delivery of the Shipment or by using any other right in respect thereof 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 at delivery.

8.8 After the Delivery the Carrier shall have no liability of the Shipment. Unless otherwise agreed, the Carrier’s liability shall terminate in any event in 20 Days from the date of the notice of arrival.

ARTICLE 9: PICK-UP AND DELIVERY SERVICES

9.1 Shipments: Shipments are accepted for Carriage from their receipt at Carrier’s cargo terminal or airport office at the place of departure.

9.2 Availability of service: Pick-Up Service and Delivery Service are 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.

9.3 Request for service: Pick-up Service, if available, can be provided at the request of the Shipper. Delivery Service, if available, can be provided at the request of the Shipper or the Consignee and is subject to a separate agreement. Request for Delivery Service must be received by Carrier prior to removal of the Shipment from Carrier’s airport terminal at destination.

9.4 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.

9.5 Liability: If Pick-Up Service or Delivery Service is performed by or on behalf of Carrier, such transportation shall be upon the same terms as to liability as set forth in Article 11 hereof unless otherwise provided by mandatory law.

ARTICLE 10: SUCCESSIVE CARRIERS

10.1 Carriage to be performed under one contract of Carriage by several successive Carriers is regarded as a single operation. In such case all carriers involved in transport of shipment, after accepting the goods for carriage, are liable for their own part of transport of which they have committed to perform. First carrier is responsible, not just their own transport, but also for other transports performed by other carriers. In proportion, last carrier is, in addition to their own transport, liable for other transports performed by all carriers involved.

ARTICLE 11: CARRIER’S LIABILITY

11.1 General: The Carrier’s liability for damage sustained in the event of destruction or loss of, or damage to, or delay in the Carriage of Cargo shall be as set forth herein below. The Carrier shall not be liable towards any person to whom the Shipper or Consignee has issued a separate air waybill (or equivalent) in respect of such Carriage. Except as may be otherwise provided for in the Convention, Carrier is not liable for any damage, delay or loss of whatsoever nature arising out of or in connection with the Carriage of Cargo or other services performed by Carrier or its Agents, unless such damage, delay or loss is proved to have been caused by the gross negligence or wilful misconduct of Carrier.
To the extent provided by the Convention, Carrier’s liability shall be limited to the amount stipulated in such Convention notwithstanding the existence of gross negligence or wilful misconduct on the part of the Carrier.

11.2 Carrier is liable 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 caused the damage so sustained took place during the Carriage. Carrier will not, however, be responsible for damage, delay or loss of, if carrier can prove that carrier or its staff have taken all possible action to prevent incident from happening or that it was impossible to do so.

11.3 The Carrier is not liable if and to the extent it proves that the destruction, or loss of, or damage to, the Cargo resulted from one or more of the following:
(i) inherent defect, quality or vice of that Cargo, (ii) defective packing of that Cargo performed by a person other than the Carrier or its servants or Agents or (iii) an act of war or an armed conflict or (iv) an act of public authority carried out in connection with the entry, exit or transit of the Cargo.

11.4 Carrier will not be liable for any loss, damage or expense arising from death due to natural causes or death, injury or illness 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 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 changes in its physical environment inherent in the Carriage.

11.5 The Carrier shall not be liable in any event for any 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.

11.6 Contributory negligence on the part of the Shipper, Consignee or other claimants releases the Carrier of its liability to the extent provided by the Convention and applicable law.

11.7 Liability of Carrier shall not exceed the Convention limit or, if no Convention applies, 19 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 as set forth in article 3.2 and has paid the supplementary sums applicable, it is agreed that any liability shall in no event exceed such declared value for Carriage stated on the face of the Air Waybill. All claims shall be subject to proof of value.

11.8 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 package or packages concerned. Nevertheless, when the loss, damage or delay of part of the Shipment, or of an object contained therein, affects the value of other packages covered by the same Air Waybill, the total weight of such package or packages shall also be taken into consideration 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.

11.9 The Shipper, and to the extent permitted by applicable law, the owner and Consignee, whose property or Shipment causes damage to or destruction of another Shipment or of the property of Carrier, shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof. 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, destroyed, stored or disposed of by Carrier at any time without notice, at the cost and responsibility of Shipper and without liability therefore attaching to Carrier.

11.10 A Carrier issuing an Air Waybill for Carriage over the lines of another Carrier does so only as an Agent for such other Carrier. Any reference in a Shipment record to Carriage to be performed by another Carrier shall be deemed to refer to Carriage to be provided as principal by such other Carrier. No Carrier shall be liable for the loss, damage or delay of Cargo not occurring on its own line except that the Shipper shall have a right of action for such loss, damage or delay on the terms herein provided against the first Carrier and the Consignee or other person entitled to delivery shall have such a right of action against the last Carrier under the contract of Carriage.

11.11 If carriage is performed in full or partly by some other carrier than the one who has issued the Air Waybill, and it is not shown that the carriage is performed without an agreement of the carrier who has not issued the Air Waybill, both parties are considered as carriers, foregoing party however only for the transportation they have performed. Carriers, their employees and officers can be held liable for at the most for the amount, that either carrier can be held liable to disburse. None of the carriers who can be held liable for the loss or damage can be held accountable for more than the regulations stated in Conventions or National legislations state.

11.12 If the Carrier performs other services than the transportation, either in addition to or independent thereof, the Carrier shall not be responsible for act or omissions or the performance by other Carriers or services providers.

11.13 Whenever the liability of Carrier is excluded or limited under these conditions, such exclusion or limitation shall apply to Agents, servants or representatives of Carrier and also to any Carrier whose aircraft or other means of transportation is used for Carriage. The aggregate amounts recoverable from the Carrier, his servants and Agents, in that case, shall not exceed the limits of liability that the Carrier himself is entitled to invoke under these Terms, the applicable law and the Convention.

11.14 Nothing contained in these Terms shall limit or remove the Carrier’s and its Agents’ and servants’ right to invoke the provisions of law or the Convention that remove or limit the liability of such persons.

ARTICLE 12 : LIMITATIONS ON CLAIMS AND ACTIONS

12.1 Receipt by the person entitled to delivery of the Cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the contract of Carriage.

12.2 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. Such complaint shall be made:

12.2.1 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 from the date of receipt of the Goods;

12.2.2 in the case of other damage to the Goods, within fourteen (14) Days from the date of receipt of the Goods;

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

12.2.4 in the case of non-delivery of the Goods, within one hundred twenty (120) Days of the date the Air Waybill was accepted by the Carrier.
For the purposes of Article 12.2.4, non-delivery of Goods shall mean that the Goods have been lost entirely. In the event that only a part of the Goods have been lost, the complaint shall be made according to Article 12.2.1.

12.3 The right to damages shall be extinguished if court action is not brought within 2 years, reckoned 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 transportation stopped. The method of calculating that period shall be determined by the law of the court seized of the case.
12.4 If carrier decides to compensate to claimant the value of claimed goods, the ownership of those goods will then be transferred and become carriers property. In such case claimant is required to give up all their rights to claim against the carrier regarding the airway bill.

ARTICLE 13: MODIFICATION AND WAIVER

13.1 No Agent, servant or representative of Carrier has authority to alter, modify or waive any provision of the contract of Carriage or of these Terms. The Sender confirms that it does not rely upon or claim any other terms, warranties, conditions or representations.

13.2 These Terms are published in Finnish and English. In the event of conflict between the two language versions, the Finnish shall prevail.

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