These Conditions refer to Xiamen Airlines General Conditions of International Carriage for Cargo. Except as otherwise provided herein, the terms below in these Conditions shall have the following meanings:
1.1 CONVENTIONS means the following instruments applicable to the contract of carriage:
1.1.1 The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the “Warsaw Convention”);
1.1.2 The Warsaw Convention as amended at The Hague on 28 September 1955 (hereinafter referred to as the “Hague Protocol”);
1.1.3 The Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (hereinafter referred to as the "Montreal Convention").
1.2 CARRIER includes the air carrier issuing the air waybill and all carriers that carry or undertake to carry cargo or to perform any other services related to such air carriage.
1.3 CONTRACTING CARRIER refers to any carrier who has concluded a contract of carriage with a shipper.
1.4 ACTUAL CARRIER refers to any carrier whose performance of the whole or part of the contract of carriage has been authorized by the contracting carrier.
1.5 MF is the abbreviation of Xiamen Airlines (English name: XIAMEN AIRLINES, IATA membership code: MF, ICAO specified code: CXA, IATA settlement code: 731, Address: No. 22, Dailiao Road, Xiamen City, Website: www.xiamenair.com.cn, www.xiamenair.cn).
1.6 INTERNATIONAL CARRIAGE means, unless otherwise specified by the Conventions, any carriage in which, according to the contract of carriage, one of the place of departure, the place of destination or the agreed stopover, whether or not there is a break or a transfer in the course of carriage, is not situated within the territory of the People’s Republic of China.
1.7 CARRIAGE BY CHARTER FLIGHT means that the shipper hires the entire capacity of the carrier’s aircraft for the carriage of cargo.
1.8 REGULATIONS OF XIAMEN AIRLINES refers to the administrative regulations about cargo transport established by Xiamen Airlines, in effect on the day of air waybill issuance, except these Conditions, including effective applicable rate.
1.9 CARGO means anything carried or to be carried in an aircraft except mail, or baggage carried under a passenger ticket and baggage check, but includes baggage moving under an air waybill.
1.10 SPECIAL CARGO refers to cargo that needs special handling during acceptance, storage, warehousing, transport and delivery due to the nature or value of the cargo.
1.11 ALTERATION OF CARRIAGE means the shipper or the carrier completely or partly alters the carriage of the consigned cargo.
1.12 SHIPPER’S LETTER OF INSTRUCTION means the written document filled out by the shipper when consigning the cargo which is the documentary evidence to fill out an air waybill.
1.13 AIR WAYBILL means the document made out and signed by or on behalf of the shipper which evidences the contract for carriage of cargo.
1.14 SHIPMENT RECORD refers to any record of the contract of carriage preserved by the carrier, evidenced by means other than an air waybill.
1.15 SHIPMENT means one or more packages, pieces or bundles of cargo, receipted for under a single air waybill, for carriage to one consignee at one destination address.
1.16 AGENT means any person or organization authorized to act for or on behalf of the carrier or the shipper in relation to the carriage of cargo.
1.17 SHIPPER means the person or organization whose name appears on the air waybill, as the party contracting with the carrier for the carriage of cargo.
1.18 CONSIGNEE means the person or organization whose name appears on the air waybill, as the party to whom the shipment is to be delivered by the carrier.
1.19 DECLARED VALUE refers to the value declared to the carrier by the shipper when consigning the cargo, which serves as the basis for computing freight charges, for limiting the carrier's liability for loss, damage or delay of the cargo, and for computing valuation charges.
1.20 VALUATION CHARGES means the fee paid by the shipper as required when declaring cargo value to the carrier.
1.21 CHARGES PREPAID means that the shipper pays the carrier all the charges in relation to the carriage of cargo when consigning the cargo in accordance with the contract of carriage.
1.22 CHARGES COLLECT means that the consignee pays the carrier all the charges in relation to the carriage of cargo when picking up the cargo in accordance with the contract of carriage.
1.23 GROSS WEIGHT means the weight of the cargo measured by an officially authorized weighing device and verified by Xiamen Airlines or its authorized ground handling agents, including the weight of the package and pallet.
1.24 VOLUMETRIC WEIGHT means the weight of the cargo calculated by the conversion of the total volume of the shipment. 6,000 cubic centimeters equals 1 kilogram.
1.25 CHARGEABLE WEIGHT means the weight on the basis of which freight charges are calculated. The chargeable weight is generally the actual gross weight or volumetric weight of the cargo, whichever is higher, providing that where a lower rate for a higher minimum weight applies, the higher minimum weight shall be retained as the chargeable weight.
1.26 SPECIAL DRAWING RIGHT (SDR) means a reserve asset and a unit of account, as defined by the International Monetary Fund.
1.27 INTERNATIONAL AIR TRANSPORT ASSOCIATION, abbreviated as IATA, refers to a non-governmental international organization constituted voluntarily by a group of enterprises in the world conducting air transportation business.
1.28 TACT means the Air Cargo Tariff Manual published by IATA containing the worldwide tariff.
1.29 TARIFF means the rates for the carriage of cargo from the airport of departure to the airport of destination, as published by the carrier and in effect on the date of the conclusion of the contract of carriage by the shipper and the carrier, or as agreed between the contracting parties.
1.30 FREIGHT CHARGES means the amount paid by the shipper or the consignee to the carrier when the cargo is consigned or picked up, including freight charges, valuation charges and other charges.
1.31 CODE-SHARING means that an airline uses its designator code on a flight operated by another airline.
1.32 DAYS means full calendar days. A week is comprised of seven days.
1.33 COURSE OF CARRIAGE means the period after the consignment and prior to the delivery when the cargo is in the custody of the carrier.
2.1 These Conditions shall apply to the entire course of carriage by air of special cargo.
2.1.1 These Conditions shall apply to the international carriage of cargo and all other services incidental thereto, performed by Xiamen Airlines.
2.1.2 Except as otherwise provided, these Conditions also apply to the carriage of cargo by air between the mainland of China and Hong Kong, Macao or Taiwan.
2.2 Gratuitous carriage: Except as otherwise provided in the contract of gratuitous carriage, these Conditions shall apply to the gratuitous carriage accepted by Xiamen Airlines.
2.3 Carriage by charter flight: With respect to the carriage of cargo performed pursuant to a charter agreement, such carriage shall be subject to the conditions of the charter agreement. These Conditions shall only apply to the extent as not provided in said charter agreement.
2.4 Over some routes, Xiamen Airlines conducts cargo operations by means of code-sharing flights or other carriers’ flight with their authorization. In this case, these Conditions shall apply likewise.
2.5 These Conditions do not apply to carriage of air mail.
2.6 In the event of inconsistency between the provisions involved in these Conditions and the mandatory provisions in national laws and administrative regulations, the rest provisions of these Conditions shall remain effective except for the inconsistent provision (s).
2.7 All carriage of cargo governed by these Conditions shall be subject to the regulations of Xiamen Airlines in effect on the date of conclusion of carriage contract. Except as otherwise provided, in case of divergence between these Conditions and the regulations of Xiamen Airlines, these Conditions shall prevail.
3.1 For the safety of cargo transport and flight operations, Xiamen Airlines reserves the right to conduct security check on the consigned cargo including transit cargo in a proper way and charge relevant fees.
3.2 If necessary, Xiamen Airlines will open the package to check the cargo and relevant document or information, and the shipper has an obligation to assist with the check.
3.3 Xiamen Airlines may check the package, information and document of cargo, but Xiamen Airlines does not assume the obligations of such check.
4.1 An air waybill is comprised of three originals and nine copies. Original 1 is for the issuing carrier, Original 2 is for the consignee, and Original 3 is for the shipper. The three originals shall be of equal legal effect.
4.2 The air waybill is a non-negotiable document. The negotiable air waybill shall be regarded as invalid.
4.3 The shipper or his agent shall make out the air waybill. According to the shipper’s letter of instruction, if the carrier makes out the air waybill which is then signed by the shipper, the carrier shall be deemed to have acted on behalf of the shipper. The completed air waybill shall not become effective unless it is signed or stamped by the shipper and the carrier.
4.4 If the air waybill has been altered or erased by the shipper, Xiamen Airlines has the right to reject such air waybill.
4.5 The shipper shall make out different air waybills for cargo with different carriage conditions or conflicting natures.
4.6 One air waybill shall only have one shipper and one consignee.
4.7 Contract conditions on the air waybill are an overview of some provisions of Xiamen Airlines General Conditions of International Carriage for Cargo.
4.8 The shipper shall give a clear indication of any defect of the package on the air waybill. If the shipper fails to do so, Xiamen Airlines may mark, supplement or correct the air waybill.
4.9 The shipper shall fill all the required particulars and statements in the air waybill according to the Conventions, relevant laws, these Conditions and regulations of Xiamen Airlines and be responsible for the correctness of the particulars and statements.
4.10 The shipper shall indemnify Xiamen Airlines or any other party to whom Xiamen Airlines is liable against all damage caused by the non-conformance, incorrectness or incompleteness of the particulars and statements filled in the air waybill.
Freight charges include freight charges, valuation charges and other charges.
5.1 Freight charges are determined by the applicable rate and the chargeable weight of the consigned cargo.
5.2 Declared value of cargo for carriage and valuation charges
5.2.1 The shipper may declare the value of cargo for carriage when consigning the cargo. If the declared value of cargo for carriage per kilo in gross weight exceeds 19 SDR or its equivalent currency, the shipper shall pay the valuation charges. The calculation formula of valuation charges is as below:[Declared value of cargo for carriage - (Gross weight of the cargo x 19SDR)] x 0.75%
5.2.2 The shipper shall not change the declared value of cargo for carriage filled in the air waybill, which has been validated with the signatures or stamps of the two contracting parties.
5.2.3 Xiamen Airlines is entitled to determine the limit of the declared value of a shipment. If the declared value of any individual shipment exceeds such limit, Xiamen Airlines will require the shipper to lower the declared value, ship the cargo in several batches or take other safety measures. If the shipper fails to do so, Xiamen Airlines reserves the right to refuse the carriage.
5.3 Other charges
Other charges are charges in relation to the carriage of cargo, which excludes freight charges and valuation charges and shall be paid to the carrier by the shipper or the consignee when consigning or picking up the cargo. Except as otherwise provided in the published rates, such charges shall include but are not limited to the following:
a)Cargo terminal service fee;
b)Cargo storage fee;
e)Dangerous goods handling fee;
g)Customs clearing fee or charges for agency service provided for the shipper, the consignee or the owner of cargo by Xiamen Airlines or its agent;
h)Cargo tariff, tax or fine;
i)Charges collect fee;
j)Cost incurred from repairing the defective packaging;
k)Charges for transferring and forwarding the cargo by other means of transportation, as well as charges for returning the cargo to the place of departure;
l)Any other similar service or charges.
5.4 Payment of freight charges
5.4.1 The shipper shall pay freight charges in the currency which is used in tariff conditions or acceptable by Xiamen Airlines.
5.4.2 All freight charges shall be prepaid by the shipper at the time of the consignment of the cargo, or may be paid by the consignee before the pick-up of the cargo with the consent of Xiamen Airlines. If the latter applies, laws and regulations of the destination country and the carrier’s requirements shall be complied with. If the consignee fails to pay the freight charges, the shipper shall fulfill such obligation. If the shipper or the consignee refuses to pay the freight charges or any portion thereof, Xiamen Airlines will refuse the carriage or the delivery of the cargo.
5.4.3 Xiamen Airlines only accepts COD (cash on delivery) shipments whose destinations are prescribed in TACT. In any circumstances, Xiamen Airlines is entitled to refuse the carriage of the following COD shipments:
a)The exchange of the local currency to other currencies is not allowed by the destination country;
b)The remittance of the local currency to other countries is not allowed by the destination country;
c)The COD shipment is not accepted by the destination country.
5.4.4 Freight charges and valuation charges shall only be prepaid or collected at the same time.
5.4.5 Whether or not the cargo is lost or damaged in the course of carriage, or fails to arrive at the destination specified in the air waybill, the liability of the shipper or the consignee to pay freight charges shall not be exempted.
5.4.6 The shipper shall guarantee payment of all unpaid freight charges (including charges collect unpaid by the consignee) and disbursements paid by Xiamen Airlines. The shipper shall also guarantee compensation for all costs, fines and loss of Xiamen Airlines caused by the inclusion in the shipment of articles the carriage of which is prohibited by law, or the absence, delay or incorrectness of any export or import license or any required certificate or document, or any improper customs valuation, or incorrect statement of weight or volume. Xiamen Airlines may hold the shipper’s cargo until the above charges, disbursements and compensation are paid completely. Xiamen Airlines has the right to dispose of the cargo in a manner as it deems reasonable. However, Xiamen Airlines shall notify the shipper or the consignee prior to the disposition, unless such notification is impossible or unnecessary.
5.4.7 Adjustment of rates and freight charges
When the rates or freight charges of cargo are adjusted, the adjusted rates and freight charges do not apply to the issued air waybill.
6.1 Acceptance of cargo
6.1.1 Weight and dimension of the consigned cargo
a)The cargo weight is measured by gross weight. The unit of measurement is kilogram and the minimum rounding off unit is 0.1 kilogram;
b)The sum of length, width and height for each cargo package shall not be less than 40cm;
c)Xiamen Airlines may define the limits of weight and dimension of the cargo according to routes, aircraft types, and loading/unloading facilities at the airports of departure, transit and destination.
6.1.2 The shipper shall abide by the laws of any country or region to be flown from, to or over and accordingly provide relevant documents accompanying the cargo. The shipper shall be responsible for the formalities required by customs and other government authorities.
6.1.3 Subject to the availability of suitable equipment and space, Xiamen Airlines undertakes to transport the cargo in compliance with the following conditions, unless otherwise excluded by the regulations of Xiamen Airlines:
a)The transportation, the exportation or importation thereof is not prohibited by the laws and regulations of any country to be flown from, to or over;
b)They are packed in a manner which meets the requirements of the carrier and is suitable for carriage by aircraft;
c)They are accompanied by the requisite shipping documents;
d)They are not likely to endanger aircraft, persons or property;
e)They are not likely to cause annoyance to passengers or crewmembers.
6.1.4 Xiamen Airlines reserves the right without assuming any liability to refuse carriage of cargo when circumstances so require. Xiamen Airlines refuses to carry the cargo below:
a)The cargo prohibited by the regulations or the orders of the administrative authorities;
b)The cargo for which the inspection, check or procedures required by the administrative authorities have not been completed;
c)The cargo of which the transportation requirements exceed transportation and storage capabilities of Xiamen Airlines;
d)The cargo with other situations required by these Conditions.
6.1.5 Packing of cargo:
a)The shipper shall use interior and exterior packing materials suitable for the carriage by air and properly pack the cargo in accordance with its nature, value, weight, shape and volume. For valuables and cash which are likely to be robbed or stolen, the shipper shall use neutral packing without indicating what is inside the package;
b)The shipper shall ensure that the packaging of cargo in the course of carriage will not be loose, out of shape and leaked, and the packaging will not cause personal injury, damage and pollution to aircraft, equipment or other cargo, baggage, and mail;
c)The shipper shall ensure that the packing materials shall comply with the laws and regulations of any country to be flown from, to or over.
6.1.6 Marking and labeling:
a)The shipper shall clearly, legibly and durably mark each package with the place of departure, place of destination, name, address, telephone number and other information of the shipper/consignee; if the consigned cargo is dangerous goods, the shipper shall mark relevant information on the external packing of the cargo in accordance with applicable laws and regulations;
b)The shipper shall stick or attach identification labels to the external packing of each piece of the cargo. In case the consigned cargo is special cargo, the shipper shall stick or attach special cargo labels and handling labels to the external packing of the cargo based on its nature;
c)The shipper shall clear any irrelevant mark and label on the package reused to ensure rapid, safe and correct transportation.
6.2 Cargo transportation time limit
6.2.1 To ensure that the cargo can be carried in time, the shipper shall book the flight and the date for carriage of the cargo and Xiamen Airlines will arrange the carriage within a reasonable time limit.
6.2.2 Times shown in the timetables of Xiamen Airlines or published by other means 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.
6.3 Priority of carriage
6.3.1 Xiamen Airlines is entitled to determine, whenever or wherever, the priority of carriage between the materials for public interests or emergency relief and the consigned cargo or between mail and the consigned cargo. When necessary, Xiamen Airlines may continue any flight without carrying any or part of the cargo.
6.3.2 If as a result of such priority arrangement mentioned in Para 6.3.1, the consigned cargo is not carried or not carried on the agreed flight and date, or part of the cargo needs to be unloaded from the flight, Xiamen Airlines will make reasonable arrangements for the carriage of the cargo not carried in a timely manner for the interest of the shipper. Xiamen Airlines will not be liable for any delay of the cargo due to the priority arrangement.
6.3.3 To avoid any damage or danger, subject to the approval of the customs authorities, Xiamen Airlines may hold the cargo in the warehouse or any other available places in the course of carriage and inform the shipper at the same time. Relevant costs and risks shall be borne by the shipper. Xiamen Airlines may also deliver the cargo to another carrier for onward carriage to the destination.
6.4.1 Unless specifically agreed by the contracting parties, Xiamen Airlines has no obligation to carry the cargo by any specific aircraft type, on any specific flight, over any specific route, or to make connections at any point.
6.4.2 Xiamen Airlines is entitled to select the route of the cargo or change the route shown on the air waybill based on flight or space availability.
7.1 The shipper’s right of disposition
7.1.1 After the cargo is shipped from the place of departure on the air waybill, the shipper may request an alteration of the air waybill, exclusive of the declared value for carriage and amount insured. The alteration between charges collect and charges prepaid can only be made before the delivery of the cargo to the consignee or his agent.
7.1.2 From the acceptance to the pick-up of the cargo, the shipper is entitled to exercise the right of disposition as long as he carries out the obligations required by the contract of carriage.
7.1.3 The shipper’s right of disposition shall cease at the moment when, after arrival of the cargo at the destination, payment of relevant expenses and fulfillment of the conditions of carriage listed on the air waybill, the consignee requests delivery of the cargo and the air waybill. Nevertheless, if the consignee declines to accept the air waybill or the cargo, or if Xiamen Airlines cannot get in touch with the consignee, such right of disposition shall continue to vest in the shipper.
7.1.4 The shipper may dispose of the cargo either:
a)by withdrawing it at the airport of departure or of destination; or
b)by stopping it in the course of the journey on any landing; or
c)by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air waybill; or
d)by requiring it to be returned to the airport of departure.
7.1.5 Every exercise of the right of disposition must be made by the shipper or his designated agent and must be applicable to the whole shipment under a single air waybill.
7.1.6 The shipper shall be liable for all expenses and shall indemnify Xiamen Airlines or other carriers for all loss as a result of the exercise of his right of disposition.
7.1.7 The exercise of the right of disposition must be subject to the laws and regulations of the countries related with the carriage and may not harm the interests of the carrier and other shippers. Otherwise, Xiamen Airlines has the right to refuse such request of disposition.
7.1.8 The right of disposition over the consigned cargo can only be exercised through the contracting carrier. The shipper shall present a written application and the original for the shipper of the air waybill. The contracting carrier shall inform the shipper promptly if the shipper’s request of disposition is not practicable or possible to be exercised.
7.2 The carrier’s right of alteration of carriage
7.2.1 If a shipment is identified to be prohibited from carriage by applicable Conventions, laws and regulations, or to be restricted from carriage and not to be in compliance with the requirements of restrictions, Xiamen Airlines will terminate the carriage of such shipment. When necessary, Xiamen Airlines will leave such shipment to be disposed by the administrative authorities.
7.2.2 If it is found that the nature or the defective packaging of the cargo may endanger the safety of aircraft, personnel or property, Xiamen Airlines may dispose of the cargo at any place and time without prior notice and bear no liability.
7.2.3 Xiamen Airlines reserves the right without prior notice, to cancel, terminate, divert, reschedule, postpone any flight, or proceed with any flight without all or any part of the cargo, due to the following:
a)Government regulations, orders or requirements;
b)Force majeure, including but not limited to weather conditions, riots, natural disasters, political disturbances, embargoes, wars, martial law, strikes, sabotage, unstable international situation, terrorism, or wars or warnings against terrorism of the government;
c)Other reasons uncontrollable or unforeseen by Xiamen Airlines.
7.2.4 Except as otherwise provided by law, Xiamen Airlines shall not assume any liability in the event that any flight is cancelled, terminated, diverted, postponed, rescheduled or stopped at a place other than the place of destination, or in the event that the carriage of a shipment is cancelled, diverted, postponed, rescheduled, resumed or terminated, for any reasons mentioned in Para 7.2.3.
7.2.5 Xiamen Airlines may carry all or part of the cargo, without prior notice, to the destination by other means of transportation.
7.2.6 To ensure flight safety or to comply with relevant laws and regulations, Xiamen Airlines may continue the flight after unloading all or part of the cargo.
8.1 Notice of arrival
Notice of arrival of the shipment will, in the absence of other instructions, be sent to the consignee or any other person whom the carrier has agreed to notify as evidenced in the air waybill; such notice will be sent by ordinary methods. Xiamen Airlines is not liable for non-receipt or delay in receipt of such notice.
8.2 Except as otherwise specifically provided in the air waybill or shipment record, delivery of the shipment will be made only to the consignee named therein, or his agent. Delivery to the consignee shall be deemed to have been effected:
a)When the carrier has delivered to the consignee or his agent any authorization from the carrier required to enable the consignee to obtain release of the shipment; and
b)When the shipment has been delivered to customs or other government authorities as required by applicable law or customs regulation.
8.3 Except as otherwise provided, the consignee must accept delivery of the shipment at the place as designated by the carrier.
8.4 The consignee shall present valid identity documents when picking up the cargo. The carrier is not liable for the authenticity of such documents. If necessary, the carrier can request the consignee to present documents or certificates in connection with the carriage of cargo.
8.5 Upon delivery, if the consignee has discovered loss, shortage, contamination, deterioration, damage or delayed arrival of the cargo, the consignee must raise an objection to the carrier immediately. After both parties have examined and acknowledged the condition of the cargo, the delivery status must be recorded by Xiamen Airlines in accordance with the regulations. The record must be signed and sealed by both parties. The consignee may use this record to file for claims in the future.
8.6 Upon delivery, if the consignee has signed on the air waybill and has not declared the cargo to be in an unfit condition, it will be deemed that the shipment has been delivered without fault and in accordance with the contract of carriage.
8.7 By accepting delivery of the air waybill and the shipment, the consignee shall become liable for payment for all unpaid charges in connection with the carriage. Unless otherwise agreed, the shipper will remain jointly and severally liable with the consignee. Xiamen Airlines may make delivery of the shipment or the air waybill conditional upon payment of these charges.
8.8 In the course of carriage, Xiamen Airlines will not be held liable for death of live animals arising from natural causes, decay of fresh perishable goods, or goods that may endanger the aircraft, personnel or public safety. At any given time, Xiamen Airlines may take necessary measures without advance notice to destroy, bury or abandon the shipment, etc. Either the consignee or the shipper shall bear the resulting costs.
8.9 In the event that the cargo is detained or waiting to be handled by related departments of destination country for reasons not generated by the carrier, the consignee or the shipper shall pay for storage fees and other related expenses. Under such circumstances, the carrier shall notify the shipper or the consignee.
8.10 Undelivered goods
8.10.1 A shipment will be deemed as undelivered in the following scenarios:
a)The consignee has failed to accept the delivery within 14 days of the first issuance of notice of arrival, and the shipper has not designated a new consignee;
b)The consignee has indicated a clear refusal to accept the delivery or has refused to pay any applicable fees;
c)The carrier is unable to contact the consignee because the name or address was wrongly indicated on the air waybill.
8.10.2 In the event of non-delivery of the shipment, the following steps will be taken:
a)Xiamen Airlines will endeavor to comply with any instructions of the shipper set forth in the air waybill or shipment record;
b)If such instructions are not set forth or cannot reasonably be complied with, Xiamen Airlines shall notify the shipper of the consignee’s failure to take delivery and request his instructions;
c)If no such instructions are received within 30 days, Xiamen Airlines may take the measures as it deems reasonable, including but not limited to sale, destruction or abandonment of such shipment;
d)The shipper is liable for all charges and expenses resulting from or in connection with the failure to take delivery of the shipment, including, but not limited to, carriage charges incurred in returning the shipment to the place of departure if so required by the shipper's instructions;
e)If the shipment is returned to the airport of departure and the shipper refuses or neglects to pay for relevant charges within 15 days after such return, Xiamen Airlines may dispose of the shipment after giving the shipper 10 days notice of its intention to do so;
f)Once undelivered goods are sold, all proceeds will be used to settle all expenses and charges resulting from or in connection with the failure to take delivery of the shipment. The remaining proceeds will be handled in accordance with the shipper’s instructions. A sale of any shipment shall, however, not discharge the shipper and/or owner of any liability hereunder to pay any deficiencies.
8.10.3 Disposal of perishables
When a shipment containing perishable articles as defined in the carrier’s regulations is delayed in the possession of the carrier, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, Xiamen Airlines may immediately take such steps as it sees fit for the protection of itself and other parties in interest without notice, including but not limited to:
a)The destruction or abandonment of all or any part of the shipment;
b)The sending of communications for instructions at the cost of the shipper;
c)The storage of the shipment or any part thereof at the risk and cost of the shipper;
d)The sale of the shipment or any part thereof;
e)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, the carrier is authorized to pay to itself and other transportation services out of the proceeds of such sale all charges, advances, and expenses of the carrier and other transportation services plus costs of sale, holding any surplus subject to the order of the shipper. A sale of any shipment shall, however, not discharge the shipper and/or owner of any liability hereunder to pay any deficiencies.
9.1 Special cargo includes dangerous goods, live animals, perishable goods, valuable goods, firearms, ammunition, diplomatic pouch, escorted cargo, coffin and ashes, etc.
9.2 The shipper shall comply with the regulations of relevant countries and Xiamen Airlines concerning the carriage of special cargo. The carriage of special cargo whose nature is of more than one class or division shall be in compliance with the regulation and requirement of each class or division simultaneously.
9.3 Packaging of special cargo shall be in compliance with the relevant requirements on packaging of special cargo.
9.4 The shipper shall book the space of aircraft for special cargo transportation in advance.
9.5 The shipper and the consignee shall consign or pick up special cargo at the places designated by Xiamen Airlines.
9.6 The regional and international flights of Xiamen Airlines do not transport dangerous goods which are used for common commercial purposes.
The shipper shall present the charter application and sign the charter contract with Xiamen Airlines when hiring the entire space of aircraft of Xiamen Airlines for cargo transportation.
11.1 Liability of Xiamen Airlines
11.1.1 Xiamen Airlines is liable for the loss of the cargo incurred in the course of carriage, except the liability waived in accordance with Conventions, laws and regulations and these Conditions.
11.1.2 Xiamen Airlines is liable for any loss in the course of carriage caused by delay of transportation according to Conventions, laws and regulations and these Conditions, except under the circumstances that Xiamen Airlines has taken all reasonable measures or Xiamen Airlines is not able to take these measures and the circumstances as otherwise specified in Conventions, laws and regulations and these Conditions.
11.1.3 Xiamen Airlines is not liable for damage caused directly or indirectly by any compliance with Conventions, laws or regulations, or by any other event beyond the control of Xiamen Airlines.
11.1.4 Xiamen Airlines is not liable for the destruction, loss or damage of the cargo caused by the following reasons:
b)Inherent nature, quality or defect of the cargo;
c)Defective packaging of the cargo by anyone other than Xiamen Airlines or its servant or agent;
d)Loss or damage of internal articles with intact packaging and unbroken seal;
e)Wars or military conflicts;
f)Acts carried out in connection with the entry, exit or transit of the cargo by national administrative authorities.
11.1.5 Xiamen Airlines is not liable for any loss or damage arising from death due to natural causes or 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, or by defective packing of the animal, or by the inability of the animal to withstand unavoidable changes in its physical environment inherent in the carriage by air.
11.1.6 Xiamen Airlines is not liable for the deterioration or decay of the cargo due to the changes of climate, temperature and altitude or other normal conditions or in the agreed carriage time.
11.1.7 Xiamen Airlines is not liable for the loss of the escorted cargo unless such loss is proved to be caused by the fault of Xiamen Airlines.
11.1.8 Xiamen Airlines is not liable for the injury or death of escorted personnel caused by the cargo in the course of carriage.
11.1.9 Except as otherwise agreed, Xiamen Airlines is not liable for any consequential loss caused by damage or loss of the cargo, or by carriage under these Conditions.
11.1.10 If the loss, damage or delay of the cargo is proved to be caused or brought about by the shipper or the consignee, Xiamen Airlines shall be wholly or partly exonerated from its liability in accordance with the extent of the fault that caused or contributed to such loss, damage or delay.
11.1.11 Whenever the liability of Xiamen Airlines is excluded or limited under these Conditions, such exclusion or limitation shall apply to agents, servants or representatives of Xiamen Airlines and also to any carrier whose aircraft or other means of transportation is used for carriage.
11.1.12 Xiamen Airlines issuing an air waybill for carriage over the lines of another carrier does so only as agent for such other carrier. Xiamen Airlines is not liable for the damage or delay of cargo not occurring on its own line unless such damage or loss is proved to be caused by the fault of Xiamen Airlines.
11.1.13 In successive carriage, each carrier shall be liable as one contracting party for the sector of carriage in accordance with the contract of carriage.
11.2 Liability scope of compensation
11.2.1 The liability scope of Xiamen Airlines is subject to the regulations of the applicable Conventions and laws. Unless otherwise provided in the applicable Conventions or laws for the benefit of the legal claimant, the following shall apply:
a)The liability limit of Xiamen Airline shall be the amount of the declared value of cargo for carriage, if the shipper has declared the value of cargo for carriage and has paid the valuation charges when consigning the cargo. Xiamen Airlines will compensate for the actual loss if it is proved that the actual loss is less than the declared value of cargo for carriage;
b)The liability limit of Xiamen Airlines for the cargo of which the shipper has not made the value declaration is the liability limit of 19SDR/KG stipulated in the Montreal Convention, no matter the country of departure or destination joins the Convention or not. Xiamen Airlines will compensate for the actual loss if it is proved that the actual loss is less than the liability limit provided in the Convention;
c)The claimant shall provide proof of the actual value of the cargo when raising a claim;
d)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 the liability of Xiamen Airlines 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.
12.1.1 In the case of damage to the shipper’s cargo, a complaint shall be made in writing to Xiamen Airlines within the following time limits:
a)In the case of damage to the goods, a complaint shall be made in writing immediately after its discovery and at the latest within 14 days from the date of receipt of the goods;
b)In the case of delay, a complaint shall be made in writing within 21 days from the date on which the goods were placed at the disposal of the person entitled to delivery;
c)In the case of non-delivery of the goods, a complaint shall be made in writing within 120 days of the date of issuance of the air waybill.
12.1.2 If the shipper or the consignee does not make a complaint within the above time limits, they cannot file an indemnity claim lawsuit against Xiamen Airlines.
12.2 Any dispute in relation to the carriage, which cannot be solved by the shipper and the carrier, can be settled by litigation or arbitration.
12.3 Prescribed period for litigation of air transport dispute is two years. Any right to damages against the 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.
12.4 In the event of destruction, loss or damage of the cargo occurring in successive carriage which is performed by several carriers, the shipper is entitled to bring an action against the first carrier and the consignee is entitled to bring an action against the last carrier; the shipper and the consignee may bring an action against the carrier of the sector of carriage where the destruction, loss and damage took place.
12.5 In relation to the carriage performed by the actual carrier, an action may be brought against the actual carrier or the contracting carrier separately, or against both of them, by the shipper; the carrier against whom an action has been brought has the right to require the other carrier to participate in the proceedings.
12.6 The dispute arising from or with respect to these Conditions shall be governed by the laws of the People's Republic of China. On the premise that the Conventions are applicable, the litigation with respect to the loss may be proceeded with, at the option of the claimant, in the court at Xiamen Airlines headquarters, or at Xiamen Airlines branch office where the contract has been concluded, or of the destination.
13.1 These Conditions shall be effective on and implemented from SEP 29, 2014. This revision shall be effective on SEP 28, 2016.
13.2 Xiamen Airlines has the right to modify any provision contained in these Conditions without prior notice. However, no such modification shall apply to the carriage which took place before the modification.
13.3 No servant, agent or representative of Xiamen Airlines has authority to alter, modify, or waive any provision of these Conditions.