HONG KONG EXPRESS AIRWAYS LIMITED (“HKE”)
GENERAL TERMS AND CONDITIONS OF CARRIAGE FOR CARGO
Shipper’s Acceptance of the General Terms
Shipper shall comply with all terms set forth herein and in theAgreement (as defined hereinbelow) to which these terms areattached or are incorporated by reference (each as amended or
supplemented, and together with any specifications and otherdocuments referred to herein or on the Agreement. (“Offer”)
This Offer is an offer to purchase the Service (as defined
hereinbelow). The Agreement shall not constitute an
acceptance of any offer to sell, quotation or other proposal from
Shipper, even if referred to in this Offer.
ACCEPTANCE OF THIS OFFER IS EXPRESSLY LIMITED TO THETERMS OF THESE GENERAL TERMS. HKE OBJECTS TO ANYTERMS AND CONDITIONS INCLUDED WITH SHIPPER’SQUOTATION, INVOICE OR OTHER DOCUMENT WHICH ARE
ADDITIONAL TO OR DIFFERENT THAN THE TERMS OF THE
OFFER AND NONE OF SUCH ADDITIONAL OR DIFFERENTTERMS SHALL BE PART OF THE CONTRACT BETWEENSHIPPER AND HKE, UNLESS BOTH PARTIES EXPRESSLYAGREED IN A SEPARATE AGREEMENT THAT SUCH TERMSSHOULD OVERRIDE THESE GENERAL TERMS IN THE EVENTOF A CONFLICT.

"Consignee" means the person whose name appears on the Air
Waybill as the party to whom the shipment is to be delivered by the
Carrier.
"Days" means full calendar days, including Sundays and legal
holidays; provided that for purposes of notification the balance of theday upon which notice is despatched shall not be counted.
"Delivery Service" means the surface carriage of inboundshipments from the airport of destination to the address of theConsignee or that of the Consignee’s designated agent or to thecustody of the appropriate government agency when required,including any incidental surface carriage between airports.
"Pick-up Service" means the surface carriage of outboundshipments from the point of pickup at the address of the Shipper orthat of the Shipper’s designated agent to the airport of departure,including any incidental surface carriage between airports.
"Shipment", which is equivalent to the term “consignment” means,
except as otherwise provided herein, one or more packages, pieces
or bundles of cargo accepted by the Carrier from one Shipper at one
time and at one address, receipted for in one lot and under a single
Air Waybill, for carriage to one Consignee at one destination address.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY,
CLAUSES REGARDING ACCEPTABILITY OF GOODS FORCARRIAGE (ARTICLE 2), SHIPMENTS IN THE COURSE OFCARRIAGE (ARTICLE 5), SHIPPER’S INDEMNITY (ARTICLE 6.3),
CARRIER’S LIABILITY (ARTICLE 11) IN THESE GENERALTERMSALWAYSTAKE
PRECEDENCE
OVER
ANY
ALTERNATIVE OR CONFLICTING TERMS IN ANY OTHER
DOCUMENT CONNECTED WITH THE OFFER.

"Shipment Record", means any record of carriage preserved by the
Carrier, evidenced by means other than an Air Waybill.

1

Definitions and interpretation

1.1

Definitions“Trade Controls” means measures to address concerns about
national security, foreign policy, international legal obligations, orconcerns about human rights, internal repression, or terrorism.
Specifically:In these General Terms:"Agent" means, except when the context otherwise requires, any
person who has authority, express or implied, to act for or on behalfof the Carrier in relation to the carriage of cargo.
“Air Waybill”, which is equivalent to the term “air consignmentnote”, means the 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.
“Applicable Convention” means whichever of the following
instruments are applicable: (a) the Convention for the Unification of
Certain Rules Relating to International Carriage by Air, signed at
Warsaw, 12 October 1929; or (b) the Warsaw Convention as
amended at The Hague on 28 September 1955; or (c) the Warsaw
Convention as amended by Additional Protocol No. 1 of Montreal(1975); or (d) the Warsaw Convention as amended at The Hague andby Additional Protocol No.2 of Montreal (1975); or (e) the Warsaw
Convention as amended at The Hague and by Additional Protocol
No. 4 of Montreal (1975); or (f) Guadalajara Supplementary
Convention (1961) (Guadalajara); or (g) The Convention on theContract for the International Carriage of Goods by Road (CMR
Convention) signed at Geneva on 19th May 1956; or (h)The
Convention for the Unification of Certain Rules for International
Carriage by Air, signed at Montreal, 28 May 1999.

"Shipper", which is equivalent to the term “Consignor”, means the
person whose name appears on the Air Waybill, as the party
contracting with the Carrier for the carriage of cargo.
“Special Drawing Rights” means units of account used by theInternational Monetary Fund and known as Special Drawing Rights.

economic and trade sanctions prohibit or restrict dealings withtargeted countries, organizations, entities and/or individuals; andimport/export controls regulate the transfer of particular goods,
technology and software, depending on the nature, destination,
ultimate end-use and/or end-user of the products or services.

1.2

Applicability

1.2.1 General
These Conditions shall apply to all carriage of cargo, including allservices incidental thereto, performed by or on behalf of the Carrier;provided however that if such carriage is “international carriage” asdefined in the Applicable Convention , such carriage shall be subject
to the provisions of the Applicable Convention and to these
Conditions to the extent that these Conditions are not inconsistent
with the provisions of such Convention.
1.2.2 Applicable Laws and Carrier’s Tariffs
To the extent not in conflict with Article 1.2.1 all carriage and otherservices performed by the Carrier are subject to:"Charges Collect" means the charges entered on the Air Waybill
for collection from the Consignee against delivery of the shipment.

applicable laws (including national laws implementing a
convention or extending the rules of the applicable convention
to carriage which is not “International Carriage” as defined in
the applicable convention), Trade Controls, government
regulations, orders and requirements;(b) these conditions and other applicable tariffs, rules, regulations
and timetables (but not the times of departure and arrival
therein specified) of the Carrier which may be inspected at anyof its offices and at airports from which it operates regularservices;(c) the Shipper, owner and Consignee must comply withapplicable Trade Controls and that the Shipper, owner andConsignee will take the necessary steps to ensure that theirrespective operations and practices align with the Carrier’s
policies and procedures.

"Conditions” means these conditions of carriage for cargo.

1.2.3 Application to United States and Canada"Cargo", which is equivalent to the term “goods”, 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.
"Carriage", which is equivalent to the term “transportation”, means
carriage of cargo by air or by another means of transport, whether
gratuitously or for reward.
"Carrier" includes the air carrier issuing the Air Waybill and all
carriers including non-air carriers that carry or undertake to carry thecargo or to perform any other services related to such carriage.

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HONG KONG EXPRESS AIRWAYS LIMITED (“HKE”)
GENERAL TERMS AND CONDITIONS OF CARRIAGE FOR CARGO
These Conditions 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 inthose countries apply. The tariffs applicable to such carriage areavailable for inspection at the offices of the Carrier.
1.2.4 Gratuitous Carriage
With respect to gratuitous carriage, the Carrier reserves the right toexclude the application of all or any part of these Conditions.
1.2.5 Charters
With respect to carriage of cargo performed pursuant to a charter
agreement with the Carrier, such carriage shall be subject to the
Carrier’s charter tariffs applicable thereto (if any) and these
Conditions shall not apply except to the extent provided in said
charter tariff. Where the Carrier has no charter tariff applicable tosuch charter agreement, these Conditions shall apply to suchagreement except that the Carrier reserves the right to exclude theapplication of all or any part of these Conditions and, in case ofdivergence between the applicable provisions of these Conditions
and the conditions contained or referred to in the charter agreement,
the latter shall prevail and the Shipper, by carriage pursuant to acharter agreement, whether or not concluded with the Shipper,
agrees to be bound by applicable terms thereof.
1.2.6
Change Without Notice
These Conditions and the published rates and charges are subject tochange without notice except to the extent otherwise provided byapplicable law or government regulations or order; provided howeverthat no such change shall apply to a contract of carriage after thedate of conclusion of the contract of carriage or after the date the rateor charge for the carriage has been entered in the Shipment Record.
1.2.7
Effective Rules
All carriage of cargo governed by these Conditions shall be subject
to the Carrier’s rules, regulations and tariffs in effect on the date ofissuance of the Air Waybill by the Carrier, provided that in the eventof inconsistency between these Conditions and the Carrier’s rules,
regulations and tariffs, these Conditions shall prevail. Under nocircumstances will the Carrier accept any increased obligations or
liability that arise by virtue of Shippers or agents issuing Air Waybills
or Shipment Records for carriage of shipments on the Carrier’s flights
which purport to waive or restrict the Carrier’s entitlement to rely uponthese Conditions, regulations and tariffs; and the Shipper agrees toindemnify and hold harmless the Carrier in respect of any
increased liability, losses, damages, costs or expenses thatarise from issuing such Air Waybills or Shipment Records.
2

Acceptability of Goods for Carriage

2.1 Cargo Acceptance
The Carrier undertakes to transport, subject to the availability ofsuitable equipment and capacity, all shipments, unless otherwise
excluded by the Carrier’s regulations and provided:
2.1.1

2.1.2

2.1.3
2.1.4
2.1.5

the transportation, or the exportation or importation thereof isnot prohibited by the laws or regulations of any country to be
flown from, to or over;they are packed, labelled and described in a manner readyfor carriage as required by the issuing Carrier and any
subsequent Carrier;they are accompanied by the requisite shipping documents;
they are not likely to endanger aircraft, persons or property,
or cause annoyance to passengers;
to the extent permitted by law the Carrier reserves the rightwithout assuming any liability to refuse carriage of cargo
when circumstances so require.

2.2 Valuation Limit of Shipment
The Carrier may refuse carriage of shipments having a declaredvalue for carriage in excess of the amount specified in the Carrier’s
regulations.
2.3 Packing and Marking of Cargo
2.3.1 The Shipper is responsible for ensuring that the cargo ispacked in an appropriate way for air carriage so as to ensure
that:
(a)
it can be carried safely with ordinary care in handling;(b)
it can be protected from all weather conditions towhich it may be exposed, including but not limited torain, wind, heat and cold;(c)it does not injure or damage any persons, animals,

Last updated on 21.07.2023

goods or property. Each package shall be legibly anddurably marked so as to identify the Shipper andConsignee.
2.3.2 Packages containing valuables as defined in the Carrier’s
regulations must be sealed if so requested by the Carrier.
2.3.3 The Carrier is under no obligation to note or be aware of any
information contained on the house air waybills used in
respect of consolidated or pre-packed shipments.
2.3.4 The Carrier reserves the right to refuse the transportation ofcargo that it considers is not suitably packed or marked.
2.4 Special Cargo
Special cargo, including but not limited to valuables, dangerous
goods, live animals, perishables, fragile goods, human remains, isacceptable only under the conditions set forth in the Carrier’s
regulations applicable to the carriage of such cargo. Such cargomust be packed and documented strictly in accordance with the
Carrier’s special handling procedures which are incorporated andform part of these Conditions. In the event of deterioration of such
shipments for whatever reason, the Carrier in its sole discretion
may take such steps as it deems appropriate.
2.5 Dangerous Goods
The Shipper shall not tender for carriage any volatile or explosive
cargo or cargo which is or may become dangerous, inflammable oroffensive or which is or may become liable to damage any property
whatsoever without presenting a full description disclosing thenature of the cargo, and in any event the Shipper shall be liable forany loss and damage caused thereby. If in the sole opinion of the
Carrier the cargo becomes or is liable to become dangerous,
inflammable, explosive, volatile, offensive or damaging in nature,
the same may at any time be retained, destroyed, disposed of orabandoned or rendered harmless by the Carrier withoutcompensation to the Shipper and without prejudice to the Carrier’s
right to any charges hereunder and at the sole cost of the Shipper.
2.6

Responsibility for Non-Observance of Conditions, Laws
and Regulations
The Shipper warrants that it has complied with all the laws,
regulations and conditions relating to the nature, packaging,labelling, storage or carriage of cargo and that the cargo is packed
in a manner adequate to withstand the ordinary risks of carriage
having regard to its nature, and further the Shipper hereby
indemnifies the Carrier for any liability whatsoever and costs, feesand expenses as a result of or arising out of the Shipper’s failure tocomply with each of these warranties, including but not limited tocompliance with the applicable dangerous goods regulations.
2.7 Carrier’s Right of Inspection
The Carrier reserves the right to examine the packaging andcontents of all shipments and to enquire into the correctness or
sufficiency of information or documents tendered in respect of any
shipment, but the Carrier shall be under no obligation to do so andunder no circumstances will the Carrier be liable for any direct orindirect losses resulting from its examination of the packaging andshipments.
2.8 Unit Load Devices
When the Shipper undertakes to load a Unit Load Device (ULD) the
Shipper must comply with the Carrier’s loading instructions andshall be liable for and indemnify the Carrier against all
consequences of any non-compliance with such instructions.
2.9

Pre-packed and Mixed Pre-packed Shipments

The Shipper warrants that it will provide the Carrier with suchcontemporaneous information that it reasonably requires at the timeof booking and acceptance of the number of pieces and weight ofpackages that have been pre-packed. The Shipper accepts that the
Carrier will not have had the opportunity to examine the contents ofany pre-packed shipment and hereby indemnifies the Carrier for
any liability whatsoever and costs, fees and expenses as a result ofor arising out of the Shipper’s failure to comply with this warranty
3

Documentation

3.1 Air Waybill

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HONG KONG EXPRESS AIRWAYS LIMITED (“HKE”)
GENERAL TERMS AND CONDITIONS OF CARRIAGE FOR CARGOThe Shipper shall make out or have made out on its behalf, an Air
Waybill in the form, manner and number of copies prescribed by the
Carrier, and shall deliver such Air Waybill to the Carrier
simultaneously with the acceptance of cargo by the Carrier for
carriage. However, charges for carriage and other charges, insofar
as they have been ascertained, shall be inserted in the Air Waybill by
the Carrier. The Carrier may require the Shipper to make out, or havemade out on its behalf, separate Air Waybills when there is more than
one package.
3.2 Shipment Record
The Carrier, with the express or implied consent of the Shipper, if
required by the applicable convention, may substitute for the deliveryof an Air Waybill a Shipment Record to preserve a record of thecarriage to be performed. If such Shipment Record is used the
Carrier shall, if so requested by the Shipper, deliver to the Shipper inaccordance with the Carrier’s regulations a receipt for the cargopermitting identification of the shipment and access, in accordancewith the Carrier’s regulations.
3.3 Apparent Condition/Packing of the 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 andcondition. If no Air Waybill is delivered the Shipper shall advise the
Carrier of the apparent order and condition of the cargo, to enable
the 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 the Carrier of the apparent order andcondition of the cargo, or if such statement or advice is incorrect, theCarrier 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.
3.4 Preparation, Completion or Correction by the Carrier
The Carrier may at the request of the Shipper expressed or implied,
make out the Air Waybill in which event, subject to proof to thecontrary, the Carrier shall be deemed to have done so on behalf of
the Shipper. If the Air Waybill handed over with the cargo or if theparticulars and statements relating to the cargo furnished by or on
behalf of the Shipper to the 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, the Carrier isauthorised to complete or correct the Air Waybill or particulars orstatements to the best of the Carrier’s ability without being under any
obligation to do so
3.5 Responsibility for Particulars
The Shipper is responsible for the correctness of the particulars andstatements relating to the cargo inserted by the Shipper or on the
Shipper’s behalf in the Air Waybill or furnished by the Shipper or on
the Shipper’s behalf to the 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. The Shipper’s particulars as to value,
unless no value is declared with a supplemental charge having been
paid, shall be conclusive evidence, as against the Shipper andConsignee of the value of the shipment. Where no value is declared
the Shipper warrants that the Shipper requires no special security or
handling. The Shipper shall indemnify the Carrier against all
damages suffered by the Shipper, or by any other person to whom
the Carrier is liable, by reason of the irregularity, incorrectness, orincompleteness of the particulars and statements furnished by the
Shipper or on the Shipper’s behalf.
3.6 Alterations
Air Waybills, the writing on which has been altered or erased, neednot be accepted by the Carrier.
4

Rates and Charges

4.1 Applicable Rates and Charges
Rates and charges for carriage governed by these Conditions
are those duly published by the Carrier and in effect on the datethe contract of carriage has been concluded.
4.2 Airport to Airport

Last updated on 21.07.2023

Except as otherwise provided in the Carrier’s regulations, rates
and charges apply only from airport to airport.
4.3 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 the Carrier’s
regulations and rate tariffs.
4.4 Services not included in Published Rates and Charges
Published rates and charges cover the carriage of shipments
between airports or other landing places at or near the points
shown in the published rates and charges. Except as otherwise
specifically provided in the Carrier’s regulations, such publishedrates and charges do not include any ancillary service given by
the Carrier in connection with the air carriage.
4.5 Insurance
The Carrier does not offer all risk insurance on cargo shipments.
The Carrier recommends that the Shipper obtains suchinsurance.
4.6 Payment of Charges
4.6.1 Rates and charges are published in the currency shown in theapplicable rate tariffs, and may be paid in any currency
acceptable to the Carrier. When payment is made in a currency
other than in the currency in which the rate or charge ispublished, such payment will be made at the rate of exchange
established for such purpose by the Carrier, the current
statement of which is available for inspection upon first request
at the Carrier’s office where payment is made. The provisionsof this paragraph are subject to applicable exchange laws andgovernment regulations.
4.6.2 Full applicable charges, whether prepaid or collect, fees, duties,
taxes, charges, advances and payments, made or incurred or
to be incurred by the Carrier and any other sums payable to the
Carrier, will be deemed fully earned, whether or not the cargo islost 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 the Carrier,except that they may be collected by the Carrier at any stage ofthe service performed under the contract of carriage and may
be collected at any time upon demand of the Carrier.
4.6.3 The Shipper guarantees payment of the freight rate, storage
charges and all other unpaid charges, unpaid charges collect,advances and disbursements of the Carrier. The Shipper also
guarantees payment of all costs, expenditures, fines, penalties,
loss of time, damage and other sums which the Carrier may
incur or suffer by reason of the inclusion in the shipment ofarticles the carriage of which is prohibited by law, or the illegal,
incorrect or insufficient marking, numbering, addressing or
packing of packages or descriptions of the cargo, or theabsence, delay or incorrectness of any export or import licenceor any required certificate or document, or any improper
customs valuation, or incorrect statement of weight or volume.
The Carrier shall have a lien on the cargo for each of theforegoing and, in the event of non-payment thereof, shall havethe right to dispose of the cargo at public or private sale(provided that prior to such sale the Carrier shall have mailed
noticed thereof to the Shipper or to the Consignee at theaddress stated in the Air Waybill) and to pay itself out of theproceeds 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 shallremain jointly and severally liable. By taking delivery or
exercising any other right arising from the contract of carriage,
the Consignee agrees to pay such charges, sums andadvances, except prepaid charges.
4.6.4 If the gross weight, measurement, quantity or declared value ofthe cargo exceeds the gross weight, measurement, quantity or
declared value on which charges for carriage have beenpreviously computed, the Carrier shall be entitled to require
payment of the charge on such excess.
4.6.5 Charges collect shipments will be accepted only to countries
listed in the Carrier’s regulations and subject to the conditions
contained therein. In any event the Carrier reserves the right torefuse shipments on a charges collect basis to any country

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HONG KONG EXPRESS AIRWAYS LIMITED (“HKE”)
GENERAL TERMS AND CONDITIONS OF CARRIAGE FOR CARGO
where regulations prevent the conversion of funds into othercurrencies or the transfer of funds to other countries.
Information on countries to which charges collect service isavailable may be obtained from offices and representatives of
the Carrier.

responsible for errors or omissions either in timetables or otherrepresentations of schedules. No employee, agent or
representative of the Carrier is authorised to bind the Carrier
by any statements or representations of the dates or times ofdeparture or arrival, or of operation of any flight.

4.6.6 All charges applicable to a shipment are payable in cash at thetime of acceptance thereof by the Carrier in the case of aprepaid shipment, i.e. a shipment on which the charges are tobe 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 theConsignee fails to pay said charges, when such charges are to
be collected, the Shipper remains obligated to pay thesecharges and interest at the judgment rate in the applicablejurisdiction.

5.3.2 The Carrier is authorized to carry the consignment without
notice wholly or partly by any means of surface transportation,or to arrange such carriage.

4.6.7 The Carrier may cancel the carriage of the shipment uponrefusal by the Shipper, after demand by the Carrier, to pay the
charges or portion thereof so demanded, without the Carrier
being subject to any liability therefore.
5

SHIPMENTS IN COURSE OF CARRIAGE

5.1 Compliance with Government Requirements
5.1.1 The Shipper shall comply with all applicable laws, customs andother government regulations of any country to, from, throughor over which the cargo may be carried, including thoserelating to the packing, carriage or delivery of the cargo, andshall, together with the shipment, furnish such information anddeliver such documents as may be necessary to comply withsuch laws and regulations. The Carrier shall not be obliged toinquire into the correctness or sufficiency of such informationor documents. The Carrier shall not be liable to the Shipper or
any other person for loss or expense due to the Shipper’s
failure to comply with this provision. The Shipper shall be liable
to the Carrier for any damage occasioned by the failure of the
Shipper to comply with this provision.
5.1.2 The Carrier shall not be liable for refusing to carry any shipment
if the Carrier reasonably determines in good faith that such
refusal is required by any applicable law, government
regulation, demand, order or requirement.
5.2 Disbursement and Customs Formalities
The Carrier is authorised (but shall be under no obligation) toadvance any duties, taxes or charges and to make any disbursementwith respect to the cargo and the Shipper and by taking delivery or
exercising any other right arising out of the contract of carriage theConsignee shall be jointly and severally liable for the reimbursement
thereof.
No Carrier shall be under obligation to incur any expense or makeany advance in connection with the forwarding or re-forwarding of 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 or in the Shipment Record, the cargo shall be deemed to beconsigned to the Carrier carrying the cargo to such place.
For any such purpose a copy of the Air Waybill, or of the Shipment
Record, certified by the Carrier, shall be deemed an original.
5.3 Schedules, Routings and Cancellations
5.3.1 Unless specifically agreed otherwise and so indicated in the
Air Waybill or Shipment Record, the Carrier undertakes tocarry the cargo with reasonable despatch but assumes noobligation to carry the cargo by any specified aircraft or overany particular route or routes, or to make connections at any
point according to any particular schedule. Times shown in the
Carrier’s timetables or elsewhere are approximate and notguaranteed and form no part of the contract of carriage. No
time is fixed for commencement or completion of carriage ordelivery of cargo. The Carrier is hereby authorised to select ordeviate 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. The Carrier is not

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5.3.3 If it considers that it would be advisable to do so because of
any fact beyond its control (including but without limitation,
meteorological conditions, acts of God, force majeure, strikes,
riots, civil commotion, embargoes, wars, hostilities,
disturbances or unsettled international or domestic conditions)actual, threatened or reported or because of any delay,
demand, condition, circumstance or requirement due, directly
or indirectly, to such fact or not reasonably to be foreseen,
anticipated, or predicted at the same time the cargo was
accepted; or if it reasonably considers that any othercircumstances so require, taking into account the interests of
the Shipper, the Carrier reserves the right without notice, tocancel, terminate, divert, postpone, delay or advance any
flight, or the further carriage of any cargo, or to proceed withany flight without all or any part of the cargo.
5.3.4 Provided that no regulations/laws to the contrary areapplicable, in the event any flight is, pursuant to Article 5.3.3,
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, theCarrier shall only be liable for losses or damages arising
directly from such events if the Carrier either intended to causesuch losses or damages or was reckless with actual
knowledge that damage, loss, delay would probably result. In
the event the carriage of the shipment or any part thereof is soterminated, delivery thereof by the Carrier to any transfer agent
for transfer or delivery or the placing of such shipment instorage shall be deemed complete delivery under the contractof carriage, and the 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 theaddress stated in the Air Waybill or Shipment Record. The
Carrier may, but shall not be obligated to, forward the shipment
for carriage by any other route or forward the shipment asagent for the Shipper or the Consignee for onward carriage by
any transportation service on behalf of the Shipper or theConsignee. The cost of doing so attaches to the cargo.
5.3.5 Unless otherwise agreed, and subject to applicable laws,
regulations and orders, the Carrier is authorised to determine
the priority of carriage as between shipments, and as between
cargo and mail or passengers. The Carrier may likewise
decide to remove any articles from a shipment, at any time orplace whatsoever, and to proceed with the flight without them.
If as a result of determining such priority, cargo is not carriedor carriage thereof is postponed or delayed or if any articles
are removed from a shipment, the Carrier will not be liable to
Shipper or Consignee or to any other party for any direct orindirect consequences therefore.
5.4

Certain Rights of Carrier over Shipment in Course of
Carriage
If in the opinion of the Carrier it is necessary to hold the shipment at
any place for any purpose, either before, during or after carriage, theCarrier may, upon giving notice thereof to the Shipper, store theshipment 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 the Carrier may deliver the shipment to anothertransportation service for onward carriage to the Consignee. The
Shipper shall indemnify the Carrier against any expense or risk soincurred.
6
Authority and Indemnity of Shipper
6.1 Authority to Tender Cargo for Acceptance
It is agreed that any person who tenders cargo to the Carrier for
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HONG KONG EXPRESS AIRWAYS LIMITED (“HKE”)
GENERAL TERMS AND CONDITIONS OF CARRIAGE FOR CARGO
subject to these conditions.
6.2 Shipper’s Authority
The Shipper warrants that in agreeing to these Conditions it has theauthority of the person or persons owning or having an interest in
the cargo or any part thereof.
6.3 Shipper’s Indemnity
Without prejudice to the generality of the forgoing, the Shipper
undertakes to indemnify the Carrier in respect of any liability
whatsoever and howsoever arising (including without limitation,
negligence or breach of contract or intentional or reckless conduct
or default of the Carrier or otherwise) in connection with cargo to any
person (other than the Shipper) who claims to have, who has or who
may hereafter have any interest in the cargo or any part thereof. It
is agreed that this indemnity operates irrespective of whether the
Carrier’s liability arises in events which may constitute a
fundamental breach of contract or a breach of a fundamental term.

Shipment Record; such notice will be sent by ordinary methods. The
Carrier is not liable for non-receipt or delay in receipt of such notice.
8.2

Delivery of Shipment

Except as otherwise specifically provided in the Air Waybill or
Shipment Record, delivery of the shipment will be made only to theConsignee named therein, or the Consignee’s agent. Delivery to theConsignee shall be deemed to have been effected:
8.2.1 when the Carrier has delivered to the Consignee or theConsignee’s agent any authorisation from the Carrier required
to enable the Consignee to obtain release of the shipment, and8.2.2 when the shipment has been delivered to customs or othergovernment authorities as required by applicable law orcustoms regulation.
8.3 Place of Delivery

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 the Shipper’s designated agent, if any, and must be
applicable to the whole shipment under a single Air Waybill, or undera single Shipment Record. The right of disposition over the cargo
may only be exercised if the Shipper or such agent produces the partof the Air Waybill which was delivered to the Shipper, or
communicates such other form of authority as may be prescribed by
the Carrier’s regulations. Instructions as to disposition must be given
in writing in the form prescribed by Carrier. In the event that theexercise 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

Subject to the Shipper’s liability to carry out all its obligations under
the contract of carriage and provided that this right of disposition is
not exercised in such way as to prejudice the Carrier or other
Shippers, the Shipper may at its own expense dispose of the cargoeither:
7.2.1
7.2.2
7.2.3

7.2.4
7.2.5

by withdrawing it at the airport of departure or of destination;orby stopping it in the course of the journey on any landing; orby calling for it to be delivered at the place of destination orin the course of the journey to a person other than theConsignee named in the Air Waybill or Shipment Record; orby requiring it to be returned to the airport of departure;
Provided that if, in the opinion of the Carrier, it is notreasonably practicable to carry out the order of the Shipper,
the Carrier shall so inform the Shipper promptly and the
Carrier shall thenceforth be under no obligation to carry out
any such order.

7.3 Payment of Expenses
The Shipper shall be liable for and shall indemnify the Carrier for all
loss or damage suffered or incurred by the Carrier as a result of theexercise of the Shipper’s right of disposition. The Shipper shall
reimburse the Carrier for any expenses occasioned by the exercise
of its right of disposition.
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, orotherwise shows its acceptance of the cargo. Nevertheless, if theConsignee declines to accept the Air Waybill or the cargo, or if theConsignee cannot be communicated with, such right of disposition
shall continue to vest in the Shipper.
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
the Carrier has agreed to notify as evidenced in the Air Waybill or

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The Consignee must accept delivery of and collect the shipment at
the airport of destination unless delivery service to the address of theConsignee has been arranged for between the Shipper or Consignee
and Carrier.
8.4 Failure of Consignee to take Delivery
8.4.1 Subject to the provisions of Article 8.5 hereof, if the Consignee
refuses or fails to take delivery of the shipment after its arrivalat the airport of destination, the Carrier will endeavour to comply
with any instructions of the Shipper set forth on the face of the
Air Waybill, or in the Shipment Record. If such instructions are
not so set forth or cannot reasonably be complied with, theCarrier shall notify the Shipper of the Consignee’s failure to takedelivery and request for the Shipper’s instructions. If no such
instructions are received within thirty (30) days, the Carrier may
sell the shipment in one or more lots at public or private sale, or
destroy or abandon such shipment.
8.4.2The Shipper is liable for all charges and expenses resulting fromor in connection with the failure to take delivery of the shipment,
including, but not limited to, carriage charges incurred inreturning the shipment if so required by the Shipper’s
instructions. If the shipment is returned to the airport ofdeparture and the Shipper refuses or neglects to make suchpayments within fifteen (15) days after such return, the Carrier
may dispose of the shipment or any part thereof at a public or
private sale after giving the Shipper ten (10) days’ notice of its
intention to do so.
8.5 Disposal of Perishables
When a shipment containing perishable articles as defined in the
Carrier’s regulations is delayed in the possession of the Carrier, isunclaimed or refused at place of delivery, or for other reasons isthreatened with deterioration, the Carrier may immediately take such
steps as it sees fit for the protection of itself and other parties ininterest, including but not limited to the destruction or abandonmentof 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 dispositionof the shipment or any part thereof at public or private sale without
notice.
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 authorised to pay to itself and othertransportation 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 orderof the Shipper. A sale of any shipment shall, however, not discharge
the Shipper and/or the owner of any liability hereunder to pay any
deficiencies.
8.6 Responsibility for Charges
By accepting delivery of the Air Waybill and/or the shipment, theConsignee 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 its own liability for these costs and charges
and will remain jointly and severally liable with the Consignee. The
Carrier may make delivery of the shipment or the Air Waybill
conditional upon payment of these costs and charges.

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HONG KONG EXPRESS AIRWAYS LIMITED (“HKE”)
GENERAL TERMS AND CONDITIONS OF CARRIAGE FOR CARGO
9.

Pick-up and Delivery Services

9.1 Shipments
Shipments are accepted for carriage from their receipt at the Carrier’s
cargo terminal or airport office at the place of departure to the airport
at the place of destination or the respective facility as designated by
the Carrier.
9.2 Availability of Service
Pick-up service and delivery service will be available at the points, tothe extent and subject to the rates and charges established for suchservices in accordance with the applicable regulations of the Carrier.
9.3

fundamental breach of contract or breach of a fundamental
term.
11.3 The Carrier will not be liable for any loss, damage or expense
arising from death due to natural causes or death or injury of
any animal caused by conduct or acts of the animal itself or ofother animals such as biting, kicking, goring or smothering, nor
for that caused or contributed to by the condition, nature orpropensities of the animal, 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. Furthermore, the Carrier will not be liable for loss or damage
resulting from the inherent defect, quality or vice of the cargo
carried.

Request for Service

Pick-up service, if available, will be provided when requested by the
Shipper. Except when otherwise provided by the Carrier’s tariffs,
delivery service may be provided unless contrary instructions are
given by the Shipper or by the Consignee. Such contrary instructions
must be received by the Carrier prior to removal of the shipment fromthe 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 the
Carrier without special arrangement for any shipment which, in theopinion of the Carrier, because of its volume, nature, value or weightis impractical or unsuitable for the Carrier to handle in the normal
course.
9.5 Liability
If pick-up service or delivery service is performed by the Carrier, such
surface transportation shall be upon the same terms as to liability as
set forth in Article 11 hereof. In any other event, and to the extent that
other mandatory regulations apply, the issuing Carrier and last
Carrier, respectively, in forwarding and re-forwarding the cargo shalldo so only as agents of the Shipper, owner, or Consignee, as thecase may be, and shall not be liable for any damage arising out ofsuch additional carriage unless provided to have been caused by its
acts or omissions done with intent to cause damage, death, injury,
loss or delay or recklessly with actual knowledge that damage, death,injury, loss, delay would probably result. The Shipper, owner andConsignee hereby authorize such Carriers to do all things deemedadvisable to effect such forwarding or re-forwarding, including, but
without limitation, selection of means of forwarding or re-forwarding
and the routes thereof (unless these have been specified by the
Shipper in the Air Waybill or Shipment Record), execution andacceptance of documents of carriage (which may include provisions
excluding or limiting liability) and consigning of cargo with no
declaration of value, notwithstanding any declaration of value in the
Air Waybill or Shipment Record.
10. Successive Carriers
Carriage to be performed under one contract of carriage by several
successive Carriers is regarded as a single operation.
11. Carrier’s Liability
11.1 The Carrier is liable to the Shipper, Consignee or any otherperson for damage sustained in the event of destruction of lossof, or damage to, or delay in the carriage of, cargo only if theoccurrence which caused the damage so sustained took place
during the carriage as defined in Article 1.1.
11.2 Except as may be otherwise provided in any applicable
Convention, the Carrier is not liable to the Shipper, Consignee
or any other person having an interest in the cargo in tort orcontract or bailment or otherwise for any consequences of any
delay in the collection of cargo or loss of or damage to or
deterioration of cargo or mis-delivery or failure to deliver or delay
in delivery of cargo for any reason whatsoever including, without
limiting the foregoing, the negligence, recklessness, grossnegligence or wilful conduct or default on the part of the Carrieror its servants or agents whether or not the same occurs in thecourse of performance by or on behalf of the Carrier under thecontract or in events which are in the contemplation of the
Carrier and/or Shipper or in events which are foreseeable bythem or either of them or in events which may constitute a

Last updated on 21.07.2023

11.4 Carrier shall not be liable in any event for any (i) loss of business
opportunities and contracts, revenue, profits, anticipatedsavings, goodwill or reputation (whether arising directly or not)and (ii) special, indirect or consequential loss or damage arisingfrom carriage subject to these Conditions, whether or not the
Carrier had knowledge that such loss or damage might beincurred.
11.5 If the damage was caused or contributed to by the negligenceor other wrongful act or omission of the person claiming
compensation, or the person from whom the rights are derived
from, the Carrier shall be wholly or partly exonerated fromliability to the claimant to the extent that such negligence orwrongful act or omission caused or contributed to the damage.
11.6 Liability of Carrier shall not exceed 22 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 and has paid the
supplementary sum applicable, it is agreed that any liability shallin no event exceed such declared value for carriage stated on
the face of the Air Waybill or included in the Shipment Record.
All claims shall be subject to proof of value.
11.7 In the case of loss, damage or delay of part of the shipment, orof any object contained therein, the weight to be taken into
consideration in determining the amount to which the Carrier’s
liability is limited shall be only the weight of the items (smallest
unit of account being an object, package, box, or carton)
affected when unpacked irrespective of the number of packages
identified on Air Waybill or Shipment Record. Nevertheless,when the loss, damage or delay of part of the shipment, or of an
object contained therein, affects the value of other packages,
boxes or cartons covered by the same Air Waybill, the total
weight of such affected package, box or cartons shall also betaken into consideration in determining the limit of liability. In theabsence of proof to the contrary, the value of such part of theshipment lost, damaged or delayed as the case may be, shallbe 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.
11.8 The Shipper, owner and Consignee whose property causes
damage to or destruction of another shipment or of the propertyof the Carrier, shall indemnify the Carrier for all losses andexpenses incurred by the 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 orproperty may be abandoned or destroyed by the Carrier at any
time without notice and without liability therefore attaching to the
Carrier.
11.9 A Carrier issuing an Air Waybill for carriage over the lines ofanother Carrier does so only as agent for such other Carrier.
Any reference in a Shipment Record to carriage to be performedby another Carrier shall be deemed to refer to carriage to beprovided 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 forsuch 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 thelast Carrier under the contract of carriage.
11.10Whenever the liability of the Carrier is excluded or limited underthese Conditions, such exclusion or limitation shall apply to the

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HONG KONG EXPRESS AIRWAYS LIMITED (“HKE”)
GENERAL TERMS AND CONDITIONS OF CARRIAGE FOR CARGO
agents, servants or representatives of the Carrier and also to
any Carrier whose aircraft or other means of transportation isused for carriage.

12 Limitations on Claims and Actions
12.1 Receipt by the person entitled to delivery of the cargo withoutcomplaint is prima facie evidence that the same has beendelivered in good condition and in accordance with the contractof carriage.
12.2 No action shall be maintained in the case of loss or damage togoods unless a complaint is made to the Carrier in writing by the
person entitled to delivery. Such complaint shall be made:
(a)

(b)
(c)

(d)

in the case of visible damage to or partial loss of thegoods, immediately after its discovery and at the latest
within fourteen (14) days from the date of receipt of thegoods;
in the case of other damage to the goods, within fourteen(14) days from the date of receipt of the goods;
in the case of delay, within twenty-one (21) days from thedate on which the goods were placed at the disposal of
the person entitled to delivery;in the case of non-delivery of the goods, within one
hundred and twenty (120) days from the date of issue ofthe air waybill.

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12.3 The right to damages shall be extinguished if an action is notbrought within two (2) years, reckoned from the date of arrivalat 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.
13 Overriding Law
13.1 To the extent that any provision contained or referred to in the
Air Waybill or Shipment Record or herein is contrary toanything contained in the applicable Convention, and in any
applicable laws, government regulations, orders or
requirements that cannot be waived by agreement of theparties, such provision shall not apply.
13.2 To the extent not in conflict with any applicable Convention or
law in the jurisdiction in which the contract was made, these
Conditions and all services provided by the Carrier to the
Shipper and the Consignee shall be governed by the laws ofHong Kong.
13.3 The invalidity of any provision shall not affect the validity of
any other provision contained herein.
14. Modification and Wavier
No agent, servant or representative of the Carrier has authority toalter, modify or waive any provision of the contract of carriage or ofthese Condition

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