BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, DOC. 

_______________________________ 

Agreements Adopted by the Traffic 

Conferences of the International Docket OSTAir Transport Association 

_______________________________ 

APPLICATION FOR APPROVAL OF AGREEMENTS 

BY THE 

INTERNATIONAL AIR TRANSPORT ASSOCIATION

 30 August 2010 

 Communications with respect to 

 this document should be sent to: 

 

 Douglas Lavin 

 Regional Vice President – North America 

 International Air Transport Association 

 1776 K St. N.W. #12th Floor 

 Washington, D.C. 20006 

 (202)293-9292 
Summary DOCKET: OST- DOT ORDER: pending 

Date: 30 August 2010 

Filing fee/IATA Acct: $183 – CAR003CA01 

US/UST involved?: yes 

Intended effective date: 1 October 2010 

Meeting date/time: CSC Mail Vote (S069, S070, 071) dated 4 August 2010 

Agreement/Minutes: Finally Adopted Resolution 600i, Recommended Practice 1601, 

and Recommended Practice 1670 

 

APPLICATION FOR APPROVAL OF AGREEMENT

 Pursuant to statements submitted by Member airlines of the International Air Transport 

Association (IATA), the undersigned has been constituted to be their attorney-in-fact for filing with 

the Department of Transportation copies of agreements adopted by the IATA Traffic Conferences. 

 On their behalf, and pursuant to Sections 41308 and 41309 of Title 49 of the United 

States Code and Parts 303.03, 303.05 and 303.30(c) of Title 14 of the Code of Federal 

Regulations, I am filing with the Department this application for approval of an IATA 

agreement. 

 

 This agreement and related factual and explanatory materials and documentation required 

by 14 C.F.R. 303.31 and Department and Civil Aeronautics Board (CAB) precedent are 

contained in the IATA Traffic Conference documentation summarized above. 

 

 This agreement arises from the continuing process of Services Conferences through 

which IATA Member airlines establish standardized facilitation arrangements intended to ease 

international air transportation and interline procedures. This agreement was developed in the 

context of prior Department and CAB ruling addressing related agreements which reflected 

regulatory and market conditions then in effect. The present agreement, which makes 

amendments to the framework agreements forming the charter for ongoing facilitation programs 

or creates new agreements pursuant to that framework, should be viewed as part of a dynamic 

process of IATA Member airline adjustment to governmental and economic factors. 

 

 On previous occasions, the Department and CAB have found these framework 

agreements to be consistent with the public interest. The present agreement does not impair the 

previous bases for approval and themselves are not adverse to the public interest. Moreover, 

approval of this agreement, which reflects compromises among the differing economic and 

social philosophies of the many nations whose airlines are parties, will advance the public 

interest in maintaining good aviation relations with other countries. 

 

 We request early approval by the Department pursuant to 49 U.S.C. 41309 and the grant 

of full antritrust immunity pursuant to 49 U.S.C. 41308. The conferral of full antitrust immunity 

would be in the public interest and necessary for the transaction to proceed. This agreement is a 

product of the IATA Services Conferences which the Department found to be anticompetitive 
but nevertheless approved and immunized in Order 85-5-32 (May 6, 1985) on foreign policy and 

comity grounds. 

 

 The agreement embodies amendments to services resolutions/recommended practices that 

have been previously approved and immunized or creates new resolutions/recommended 

practices pursuant to the framework forming the charter for ongoing facilitation programs. 

Therefore, consistent with the Department’s policy of immunizing amendments coextensively 

with the underlying agreement, the subject agreement should be granted immunity. 

 

 Respectfully submitted: 

 _____________________________ 

 Douglas Lavin 

 Regional Vice President – North America 

 International Air Transport Association 

 Attorney-in-fact 

 
 

CERTIFICATE OF SERVICE

 A copy of this application or a summary notice thereof has been served by first class or priority 

mail on the following persons: 

US DEPARTMENT OF JUSTICE 

450 5th St. NW, 8th floor 

Washington D.C. 20530 

Att: Donna Kooperstein 

Tel: 202 307 6349 

 

 

________________________________ 

Douglas Lavin 

30 August 2010 

Date Served 
 

 

INTERNATIONAL AIR TRANSPORT ASSOCIATION 

FINALLY ADOPTED RESOLUTIONS 

CARGO SERVICES CONFERENCE (CSC) 
MEMORANDUM 

CSC/FAR/001/2010

TO: All Members of IATA 

Cargo Services Conference Accredited Representatives 

 

CC: IATA Regional Directors/Cargo Managers/Accreditation Managers 

Members, Cargo Procedures Conferences Management Group 

IATA/FIATA Consultative Council 

Members, IATA Strategic Partners – Cargo Services 

FROM: Secretary, Cargo Services Conference 

DATE: 30 August 2010 

SUBJECT: FINALLY ADOPTED RESOLUTIONS – 

CSC MAIL VOTE (S069, S070, and S071) 

NORMAL RESOLUTION 600i, RECOMMENDED PRACTICE 1601, 

RECOMMENDED PRACTICE 1670 

Please find attached the amendments to Resolution 600i adopted through CSC Mail Vote 

(S069), Recommended Practice 1601 adopted through CSC Mail Vote (S070), and 

Recommended Practice 1670 adopted through CSC Mail Vote (S071) dated 4 August 2010 for 

normal effectiveness. 

The filing period runs from 30 August 2010 to 30 September 2010, with an intended effective 

date of 1 October 2010. The final effectiveness date will be communicated to Members by a 

Declaration of Effectiveness Memorandum as soon as all required government approvals have 

been obtained. 

Members are requested to file the Resolutions with their Government authorities where 

required, and to advise IATA Secretariat of their Governments’ action by 30 September 

2010, the end of the filing period. As usual, filing formalities with the U.S. Department of 

Transportation and the Canadian Transportation Agency will be handled by IATA. 

Please note that the Resolutions will be declared effective upon receipt of the required 

Government approvals, in accordance with Resolutions 001 and 006. 

Frederic Leger 

Head of Cargo Business Process, IATA 

Attachment 
Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) 

Page 1 of 10 

FINALLY ADOPTED RESOLUTIONS SUMMARY

The following Resolutions adopted through CSC Mail Vote (S069, S070, and S071) are 

requested for approval. The intended effective date is 1 October 2010. 

NORMAL RESOLUTION 

Intended Effective Date: 1 October 2010 

Resolution Summary of Resolution Summary of Amendment 

RESOLUTION 600i 

Carriage Concluded and 

Evidenced by Electronic Means – 

Conditions of Contract 

(Amending) 

Stipulates the conditions of 

contract for carriage concluded 

and evidenced by electronic 

means. 

Amendment to conform the 

provisions concerning the 

carrier’s liability in Resolution 

600i to those contained in the 

currently effective Resolution 

600b. 

RECOMMENDED PRACTICE 

1601 

Conditions of Carriage for Cargo 

(Amending) 

Provides the sample text that 

individual Carriers may use in 

the development of their own 

respective terms and 

conditions 

Amendment to conform the 

provisions concerning the 

carrier’s liability in 

Recommended Practice 1601 

to those contained in the 

currently effective Resolution 

600b. 

RECOMMENDED PRACTICE 

1670 

Carriage of Cargo using 

Electronic Data Interchange 

(Amending) 

Outlines the conditions and 

agreement in the carriage of 

cargo using electronic data 

interchange 

Amendment to conform the 

provisions concerning the 

carrier’s liability in 

Recommended Practice 1670 

to those contained in the 

currently effective Resolution 

600b. 

 
Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) 

Page 2 of 10 

RESOLUTION 600i 

CARRIAGE CONCLUDED AND EVIDENCED BY ELECTRONIC MEANS – CONDITIONS 

OF CONTRACT 

(Amending) 

CSC(31 MAIL S069)600i Expiry: Indefinite 

 Type: B 

RESOLVED that: 

The following Conditions of Contract and Notices be included in contracts of carriage 

concluded and evidenced by electronic means. 

I. NOTICE APPEARING ON THE FACE OF AN AGREEMENT FOR ELECTRONIC DATA 

INTERCHANGE (EDI) OR OTHER AGREEMENT FOR CARRIAGE OF CARGO 

CONCLUDED AND EVIDENCED BY ELECTRONIC MEANS. 

It is agreed that the goods shipped pursuant to this Agreement are accepted in apparent good 

order and condition (except as noted) for carriage SUBJECT TO THE CONDITIONS OF 

CONTRACT. ALL GOODS MAY BE CARRIED BY ANY OTHER MEANS INCLUDING ROAD 

OR ANY OTHER CARRIER UNLESS SPECIFIC CONTRARY INSTRUCTIONS ARE GIVEN 

BY THE SHIPPER, AND SHIPPER AGREES THAT THE SHIPMENT MAY BE CARRIED VIA 

INTERMEDIATE STOPPING PLACES WHICH THE CARRIER DEEMS APPROPRIATE. THE 

SHIPPER’S ATTENTION IS DRAWN TO THE NOTICE CONCERNING CARRIER’S 

LIMITATION OF LIABILITY in the Conditions of Contract. Shipper may increase such 

limitation of liability by declaring a higher value for carriage and paying a supplemental charge 

if required. 

INSURANCE – If carrier offers insurance, and such insurance is requested in accordance with 

the conditions thereof, indicate amount to be insured in figures in field "Amount of Insurance". 

II. CONDITIONS OF CONTRACT ATTACHED AS AN ANNEX TO THE EDI 

AGREEMENT OR INCLUDED AS PART OF ANY OTHER AGREEMENT USED FOR 

CARRIAGE OF CARGO CONLCUDED AND EVIDENCED BY ELECTRONIC MEANS. 

 

NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY 

If the carriage involves an ultimate destination or stop in a country other than the country of 

departure, the Warsaw Convention or the Montreal Convention may be applicable and in most 

cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo. 

Depending on the applicable regime, and unless a higher value is declared, liability of the 

Carrier may be limited to 19 Special Drawing Rights per kilogram under the Montreal 

Convention; 17 Special Drawing Rights per kilogram under the Warsaw Convention as 

amended by Montreal Protocol No. 4; or 250 French gold francs per kilogram under the 

Warsaw Convention (unamended by Montreal Protocol No. 4), converted into national 
Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) 

Page 3 of 10 

currency under applicable law, unless a greater amount is specified in the Carrier's conditions 

of carriage.

If the carriage involves an ultimate destination or stop in a country other than the country of 

departure, the Montreal Convention or the Warsaw Convention may be applicable to the 

liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of 

liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a 

higher value is declared.

CONDITIONS OF CONTRACT

1. In this contract and the Notices appearing herewith: 

CARRIER includes the air carrier issuing the cargo receipt and all carriers that carry or 

undertake to carry the cargo or perform any other services related to such carriage. 

SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International 

Monetary Fund. 

WARSAW CONVENTION means whichever of the following instruments is applicable to the 

contract of carriage: 

the Convention for the Unification of Certain Rules Relating to International Carriage by Air, 

signed at Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 

September 1955; that Convention as amended at The Hague 1955 and by Montreal Protocol 

No. 1, 2, or 4 (1975) as the case may be. 

MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for 

International Carriage by Air, done at Montreal on 28 May 1999. 

2./2.1 Carriage is subject to the rules relating to liability established by the Warsaw 

Convention or the Montreal Convention unless such carriage is not “international carriage” as 

defined by the applicable Conventions. 

2.2 To the extent not in conflict with the foregoing, carriage and other related 

services performed by each Carrier are subject to:

2.2.1 applicable laws and government regulations; 

2.2.2 provisions contained in the Carrier’s conditions of carriage and related rules, 

regulations, and timetables (but not the times of departure and arrival stated therein) and 

applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at 

any airports or other cargo sales offices from which it operates regular services. When 

carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to 

receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage 

include, but are not limited to: 

2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or 

perishable goods; 

2.2.2.2 claims restrictions, including time periods within which shippers or consignees must 

file a claim or bring an action against the Carrier for its acts or omissions, or those 

of its agents; 
Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) 

Page 4 of 10 

2.2.2.3 rights, if any, of the Carrier to change the terms of the contract; 

2.2.2.4 rules about Carrier’s right to refuse to carry; 

2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, 

including schedule changes, substitution of alternate Carrier or aircraft and 

rerouting. 

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are 

those places, except the place of departure and place of destination, set forth in the shipment 

record or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage 

to be performed hereunder by several successive Carriers is regarded as a single operation. 

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation 

shall not be less than the per kilogram monetary limit set out in any applicable Convention or 

in Carrier’s tariffs or general conditions of carriage for cargo lost, damaged or delayed, 

provided that any such limitation of liability in an amount less than 19 SDRs per kilogram will 

not apply for carriage to or from the United States.

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation for 

cargo lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram 

monetary limit is provided in any applicable Convention or in Carrier’s tariffs or general 

conditions of carriage.

5./5.1 Except when the Carrier has extended credit to the consignee without the written 

consent of the shipper, the shipper guarantees payment of all charges for the carriage due in 

accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws 

(including national laws implementing the Warsaw Convention and the Montreal Convention), 

government regulations, orders and requirements. 

 5.2 When no part of the consignment is delivered, a claim with respect to such consignment 

will be considered even though transportation charges thereon are unpaid. 

6./6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention 

permit shipper to increase the limitation of liability by declaring a higher value for carriage and 

paying a supplemental charge if required. 

6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies 

Carrier shall, in accordance with the procedures set forth in its general conditions of carriage 

and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher 

value for carriage and paying a supplemental charge if so required. 

7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into 

account in determining Carrier’s limit of liability shall be only the weight of the package or 

packages concerned. 

7.2 Notwithstanding any other provisions, for “foreign air transportation” as defined by the 

U.S. Transportation Code: 

7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in 

determining Carrier’s limit of liability shall be the weight which is used to determine the charge 

for carriage of such shipment; and 
Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) 

Page 5 of 10 

7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 

7.2.1 shall be prorated to the packages covered by the same cargo receipt whose value is 

affected by the loss, damage or delay. The weight applicable in the case of loss or damage to 

one or more articles in a package shall be the weight of the entire package. 

8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, 

employees, and representatives and to any person whose aircraft or equipment is used by 

Carrier for carriage and such person’s agents, employees and representatives. 

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by 

applicable laws, tariffs and government regulations, Carrier may use alternative carriers, 

aircraft or modes of transport without notice but with due regard to the interests of the shipper. 

Carrier is authorized by the shipper to select the routing and all intermediate stopping places 

that it deems appropriate or to change or deviate from the routing shown in the Shipment 

Record. 

10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima 

facie evidence that the cargo has been delivered in good condition and in accordance with the 

contract of carriage. 

10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to 

Carrier by the person entitled to delivery. Such complaint must be made: 

10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and 

at the latest within 14 days from the date of receipt of the cargo; 

10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at 

the disposal of the person entitled to delivery. 

10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of receipt of 

the cargo for transportation by the Carrier. 

10.2 Such complaint may be made to the Carrier who issued the cargo receipt, or to the first 

Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the 

loss, damage or delay took place. 

10.3 Unless a written complaint is made within the time limits specified in 10.1 no action 

may be brought against Carrier. 

10.4 Any rights to damages against 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. 

11. Shipper shall comply with all applicable laws and government regulations of any country to 

or from which the cargo may be carried, including those relating to the packing, carriage or 

delivery of the cargo, and shall furnish such information to the Carrier as may be necessary to 

comply with such laws and regulations. Carrier is not liable to shipper and shipper shall 

indemnify Carrier for loss or expense due to shipper’s failure to comply with this provision. 

12. No agent, employee or representative of Carrier has authority to alter, modify or waive any 

provisions of this contract. 
Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) 

Page 6 of 10 

RECOMMENDED PRACTICE 1601 

 CONDITIONS OF CARRIAGE FOR CARGO 

CSC(31MAIL S070)1601 Expiry: Indefinite 

 Type: B 

 

... 

Article 11 – Carrier’s Liability 

... 

11.7 Unless the Shipper has made a special declaration of value for Carriage and has paid the 

supplementary sum applicable, liability of Carrier shall not exceed the Applicable Convention 

limit or, if no Convention applies, __________[TO BE INSERTED BY CARRIER], 19 Special 

Drawing Rights per kilogram of Cargo destroyed, lost, damaged or delayed. If the Shipper has 

made a special declaration of value for Carriage, it is agreed that any liability shall in 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. 

... 
Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) 

Page 7 of 10 

RECOMMENDED PRACTICE 1670 

 CARRIAGE OF CARGO USING ELECTRONIC DATA INTERCHANGE 

CSC(MAIL S066MAIL S071)1670 Expiry: Indefinite 

 Type: B 

Attachment ‘A’ 

Annex ‘B’

CONDITIONS OF CONTRACT FOR CONTRACTS CONCLUDED BY ELECTRONIC MEANS 

NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY 

If the carriage involves an ultimate destination or stop in a country other than the country of 

departure, the Warsaw Convention or the Montreal Convention may be applicable and in most 

cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo. 

Depending on the applicable regime, and unless a higher value is declared, liability of the 

Carrier may be limited to 19 Special Drawing Rights per kilogram under the Montreal 

Convention; 17 Special Drawing Rights per kilogram under the Warsaw Convention as 

amended by Montreal Protocol No. 4; or 250 French gold francs per kilogram under the 

Warsaw Convention (unamended by Montreal Protocol No. 4), converted into national 

currency under applicable law, unless a greater amount is specified in the Carrier's conditions 

of carriage.

If the carriage involves an ultimate destination or stop in a country other than the country of 

departure, the Montreal Convention or the Warsaw Convention may be applicable to the 

liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of 

liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a 

higher value is declared.

This contract is subject to the following: 

 

CONDITIONS OF CONTRACT 

1. In this contract and the Notices appearing herewith: 

CARRIER includes the air carrier issuing the Cargo Receipt and all carriers that carry or 

undertake to carry the cargo or perform any other services related to such carriage. 

SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International 

Monetary Fund. 

WARSAW CONVENTION means whichever of the following instruments is applicable to the 

contract of carriage: 

the Convention for the Unification of Certain Rules Relating to International Carriage by Air, 

signed at Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 
Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) 

Page 8 of 10 

September 1955; that Convention as amended at The Hague 1955 and by Montreal Protocol 

No. 1, 2, or 4 (1975) as the case may be. 

MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for 

International Carriage by Air, done at Montreal on 28 May 1999. 

2./2.1 Carriage is subject to the rules relating to liability established by the Warsaw 

Convention or the Montreal Convention unless such carriage is not “international carriage” as 

defined by the applicable Conventions. 

2.2 To the extent not in conflict with the foregoing, carriage and other related services 

performed by each Carrier are subject to:

2.2.1 applicable laws and government regulations; 

2.2.2 provisions contained in the Carrier’s conditions of carriage and related rules, 

regulations, and timetables (but not the times of departure and arrival stated therein) and 

applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at 

any airports or other cargo sales offices from which it operates regular services. When 

carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to 

receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage 

include, but are not limited to: 

2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or 

perishable goods; 

2.2.2.2 claims restrictions, including time periods within which shippers or consignees must 

file a claim or bring an action against the Carrier for its acts or omissions, or those 

of its agents; 

2.2.2.3 rights, if any, of the Carrier to change the terms of the contract; 

2.2.2.4 rules about Carrier’s right to refuse to carry; 

2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, 

including schedule changes, substitution of alternate Carrier or aircraft and 

rerouting. 

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are 

those places, except the place of departure and place of destination, set forth in the Shipment 

Record or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage 

to be performed hereunder by several successive Carriers is regarded as a single operation. 

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation 

shall not be less than the per kilogram monetary limit set out in any applicable Convention or 

in Carrier’s tariffs or general conditions of carriage for cargo lost, damaged or delayed, 

provided that any such limitation of liability in an amount less than 19 SDRs per kilogram will 

not apply for carriage to or from the United States.

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation for 

cargo lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram 

monetary limit is provided in any applicable Convention or in Carrier’s tariffs or general 

conditions of carriage.
Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) 

Page 9 of 10 

5./5.1 Except when the Carrier has extended credit to the consignee without the written 

consent of the shipper, the shipper guarantees payment of all charges for the carriage due in 

accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws 

(including national laws implementing the Warsaw Convention and the Montreal Convention), 

government regulations, orders and requirements. 

 5.2 When no part of the consignment is delivered, a claim with respect to such consignment 

will be considered even though transportation charges thereon are unpaid. 

6./6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention 

permit shipper to increase the limitation of liability by declaring a higher value for carriage and 

paying a supplemental charge if required. 

6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies 

Carrier shall, in accordance with the procedures set forth in its general conditions of carriage 

and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher 

value for carriage and paying a supplemental charge if so required. 

7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into 

account in determining Carrier’s limit of liability shall be only the weight of the package or 

packages concerned. 

7.2 Notwithstanding any other provisions, for “foreign air transportation” as defined by the 

U.S. Transportation Code: 

7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in 

determining Carrier’s limit of liability shall be the weight which is used to determine the 

charge for carriage of such shipment; and 

7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 

7.2.1 shall be prorated to the packages covered by the same Cargo Receipt whose 

value is affected by the loss, damage or delay. The weight applicable in the case of 

loss or damage to one or more articles in a package shall be the weight of the entire 

package. 

8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, 

employees, and representatives and to any person whose aircraft or equipment is used by 

Carrier for carriage and such person’s agents, employees and representatives. 

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by 

applicable laws, tariffs and government regulations, Carrier may use alternative carriers, 

aircraft or modes of transport without notice but with due regard to the interests of the shipper. 

Carrier is authorized by the shipper to select the routing and all intermediate stopping places 

that it deems appropriate or to change or deviate from the routing shown in the Shipment 

Record. 

10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima 

facie evidence that the cargo has been delivered in good condition and in accordance with the 

contract of carriage. 

10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to 

Carrier by the person entitled to delivery. Such complaint must be made: 
Finally Adopted Resolutions – CSC Mail Vote (S069, S070, and S071) 

Page 10 of 10 

10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at 

the latest within 14 days from the date of receipt of the cargo; 

10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at 

the disposal of the person entitled to delivery. 

10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of receipt of the 

cargo for transportation by the Carrier. 

10.2 Such complaint may be made to the Carrier who issued the Cargo Receipt, or to the 

first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which 

the loss, damage or delay took place. 

10.3 Unless a written complaint is made within the time limits specified in 10.1 no action 

may be brought against Carrier. 

10.4 Any rights to damages against 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. 

11. Shipper shall comply with all applicable laws and government regulations of any country to 

or from which the cargo may be carried, including those relating to the packing, carriage or 

delivery of the cargo, and shall furnish such information to the Carrier as may be necessary to 

comply with such laws and regulations. Carrier is not liable to shipper and shipper shall 

indemnify Carrier for loss or expense due to shipper’s failure to comply with this provision. 

12. No agent, employee or representative of Carrier has authority to alter, modify or waive any 

provisions of this contract. 
M E M O R A N D U M

CSC/MailVote/002/2010

TO: All Members of IATA 

 Cargo Services Conference (CSC) Accredited Representatives 

CC: IATA Regional Cargo Directors/ Cargo Service Managers

 

FROM: Manager, Business Process & Standards 

DATE: 4 August 2010 

SUBJECT: CSC MAIL VOTE (S069) – Resolution 600i 

As Members will recall, the amendment to Resolution 600b adopted at the 32nd meeting of the Cargo 

Services Conference (CSC/32) was declared effective 1 July 2010. In order to conform the provisions 

concerning the carrier’s liability in Resolution 600i to those contained in the currently effective 

Resolution 600b, the proposed amendment is attached herewith for adoption by Conference through 

this Mail Vote. 

The voting period will run for 21 days from the date of this memorandum. Members are 

requested to submit the vote by sending an email to cargo@iata.org with reference “CSC Mail 

Vote S069” latest by Wednesday, 25 August 2010. 

The voting procedures are as follows: 

 Specimen positive vote advice: XYZ Airlines hereby votes in favor of the proposed 

amendment to Resolution 600i. 

 Specimen negative vote advice: XYZ Airlines hereby votes against the proposed 

amendment to Resolution 600i. 

 Abstentions: Please note that abstentions will count as positive votes.

 

Thank you for your participation. 

Sincerely, 

LIAO, Zhi Yong 

Manager, Business Process & Standards, IATA 

 Attachment 
RESOLUTION 600i 

CARRIAGE CONCLUDED AND EVIDENCED BY ELECTRONIC MEANS – CONDITIONS OF 

CONTRACT 

(Amending) 

CSC(31 MAIL S069)600i Expiry: Indefinite 

 Type: B 

RESOLVED that: 

The following Conditions of Contract and Notices be included in contracts of carriage concluded and 

evidenced by electronic means. 

I. NOTICE APPEARING ON THE FACE OF AN AGREEMENT FOR ELECTRONIC DATA 

INTERCHANGE (EDI) OR OTHER AGREEMENT FOR CARRIAGE OF CARGO CONCLUDED AND 

EVIDENCED BY ELECTRONIC MEANS. 

It is agreed that the goods shipped pursuant to this Agreement are accepted in apparent good order 

and condition (except as noted) for carriage SUBJECT TO THE CONDITIONS OF CONTRACT. ALL 

GOODS MAY BE CARRIED BY ANY OTHER MEANS INCLUDING ROAD OR ANY OTHER 

CARRIER UNLESS SPECIFIC CONTRARY INSTRUCTIONS ARE GIVEN BY THE SHIPPER, AND 

SHIPPER AGREES THAT THE SHIPMENT MAY BE CARRIED VIA INTERMEDIATE STOPPING 

PLACES WHICH THE CARRIER DEEMS APPROPRIATE. THE SHIPPER’S ATTENTION IS 

DRAWN TO THE NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY in the Conditions 

of Contract. Shipper may increase such limitation of liability by declaring a higher value for carriage 

and paying a supplemental charge if required. 

INSURANCE – If carrier offers insurance, and such insurance is requested in accordance with the 

conditions thereof, indicate amount to be insured in figures in field "Amount of Insurance". 

II. CONDITIONS OF CONTRACT ATTACHED AS AN ANNEX TO THE EDI AGREEMENT OR 

INCLUDED AS PART OF ANY OTHER AGREEMENT USED FOR CARRIAGE OF CARGO 

CONLCUDED AND EVIDENCED BY ELECTRONIC MEANS. 

 

NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY 

If the carriage involves an ultimate destination or stop in a country other than the country of departure, 

the Warsaw Convention or the Montreal Convention may be applicable and in most cases limit the 

liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the applicable 

regime, and unless a higher value is declared, liability of the Carrier may be limited to 19 Special 

Drawing Rights per kilogram under the Montreal Convention; 17 Special Drawing Rights per kilogram 

under the Warsaw Convention as amended by Montreal Protocol No. 4; or 250 French gold francs per 

kilogram under the Warsaw Convention (unamended by Montreal Protocol No. 4), converted into 

national currency under applicable law, unless a greater amount is specified in the Carrier's conditions 

of carriage.

If the carriage involves an ultimate destination or stop in a country other than the country of departure, 

the Montreal Convention or the Warsaw Convention may be applicable to the liability of the Carrier in 

respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordance with those 

Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.
CONDITIONS OF CONTRACT

1. In this contract and the Notices appearing herewith: 

CARRIER includes the air carrier issuing the cargo receipt and all carriers that carry or undertake to 

carry the cargo or perform any other services related to such carriage. 

SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International 

Monetary Fund. 

WARSAW CONVENTION means whichever of the following instruments is applicable to the contract 

of carriage: 

the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at 

Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 September 1955; that 

Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the 

case may be. 

MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for 

International Carriage by Air, done at Montreal on 28 May 1999. 

2./2.1 Carriage is subject to the rules relating to liability established by the Warsaw Convention or the 

Montreal Convention unless such carriage is not “international carriage” as defined by the applicable 

Conventions. 

2.2 To the extent not in conflict with the foregoing, carriage and other related services performed 

by each Carrier are subject to:

2.2.1 applicable laws and government regulations; 

2.2.2 provisions contained in the Carrier’s conditions of carriage and related rules, regulations, and 

timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such 

Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales 

offices from which it operates regular services. When carriage is to/from the USA, the shipper and the 

consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. 

The Carrier’s conditions of carriage include, but are not limited to: 

2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or 

perishable goods; 

2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a 

claim or bring an action against the Carrier for its acts or omissions, or those of its agents; 

2.2.2.3 rights, if any, of the Carrier to change the terms of the contract; 

2.2.2.4 rules about Carrier’s right to refuse to carry; 

2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including 

schedule changes, substitution of alternate Carrier or aircraft and rerouting. 

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those 

places, except the place of departure and place of destination, set forth in the shipment record or 

shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be performed 

hereunder by several successive Carriers is regarded as a single operation. 
4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation shall not 

be less than the per kilogram monetary limit set out in any applicable Convention or in Carrier’s tariffs 

or general conditions of carriage for cargo lost, damaged or delayed, provided that any such limitation 

of liability in an amount less than 19 SDRs per kilogram will not apply for carriage to or from the 

United States.

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation for cargo 

lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary 

limit is provided in any applicable Convention or in Carrier’s tariffs or general conditions of carriage.

5./5.1 Except when the Carrier has extended credit to the consignee without the written consent of 

the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with 

Carrier’s tariff, conditions of carriage and related regulations, applicable laws (including national laws 

implementing the Warsaw Convention and the Montreal Convention), government regulations, orders 

and requirements. 

 5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be 

considered even though transportation charges thereon are unpaid. 

6./6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit 

shipper to increase the limitation of liability by declaring a higher value for carriage and paying a 

supplemental charge if required. 

6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier 

shall, in accordance with the procedures set forth in its general conditions of carriage and applicable 

tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and 

paying a supplemental charge if so required. 

7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in 

determining Carrier’s limit of liability shall be only the weight of the package or packages concerned. 

7.2 Notwithstanding any other provisions, for “foreign air transportation” as defined by the U.S. 

Transportation Code: 

7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in determining 

Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of such 

shipment; and 

7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.2.1 

shall be prorated to the packages covered by the same cargo receipt whose value is affected by the 

loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in 

a package shall be the weight of the entire package. 

8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, 

employees, and representatives and to any person whose aircraft or equipment is used by Carrier for 

carriage and such person’s agents, employees and representatives. 

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by 

applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or 

modes of transport without notice but with due regard to the interests of the shipper. Carrier is 

authorized by the shipper to select the routing and all intermediate stopping places that it deems 

appropriate or to change or deviate from the routing shown in the Shipment Record. 
10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie 

evidence that the cargo has been delivered in good condition and in accordance with the 

contract of carriage. 

10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to 

Carrier by the person entitled to delivery. Such complaint must be made: 

10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at 

the latest within 14 days from the date of receipt of the cargo; 

10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at the 

disposal of the person entitled to delivery. 

10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of receipt of the 

cargo for transportation by the Carrier. 

10.2 Such complaint may be made to the Carrier who issued the cargo receipt, or to the first 

Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the 

loss, damage or delay took place. 

10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be 

brought against Carrier. 

10.4 Any rights to damages against 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. 

11. Shipper shall comply with all applicable laws and government regulations of any country to or from 

which the cargo may be carried, including those relating to the packing, carriage or delivery of the 

cargo, and shall furnish such information to the Carrier as may be necessary to comply with such laws 

and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense 

due to shipper’s failure to comply with this provision. 

12. No agent, employee or representative of Carrier has authority to alter, modify or waive any 

provisions of this contract. 
M E M O R A N D U M

CSC/MailVote/003/2010 (REVISED)

TO: All Members of IATA 

 Cargo Services Conference (CSC) Accredited Representatives 

CC: IATA Regional Cargo Directors/ Cargo Service Managers

 

FROM: Manager, Business Process & Standards 

DATE: 18 August 2010 

SUBJECT: CSC MAIL VOTE (S070) – Recommended Practice 1601 

As Members will recall, the amendment to Resolution 600b adopted at the 32nd meeting of the Cargo 

Services Conference (CSC/32) was declared effective 1 July 2010. In order to conform the provisions 

concerning the carrier’s liability in Recommended Practice 1601 to those contained in the currently 

effective Resolution 600b, the proposed amendment is attached herewith for adoption by Conference 

through this Mail Vote. 

The voting period will run for 21 days from the date of this memorandum. Members are 

requested to submit the vote by sending an email to cargo@iata.org with reference “CSC Mail 

Vote S070” latest by Wednesday, 25 August 2010. 

The voting procedures are as follows: 

 Specimen positive vote advice: XYZ Airlines hereby votes in favor of the proposed 

amendment to Recommended Practice 1601. 

 Specimen negative vote advice: XYZ Airlines hereby votes against the proposed 

amendment to Recommended Practice 1601. 

 Abstentions: Please note that abstentions will count as positive votes.

 

Thank you for your participation. 

Sincerely, 

LIAO, Zhi Yong 

Manager, Business Process & Standards, IATA 

 Attachment 
CSC Mail Vote (S070) Page 2 of 2

RECOMMENDED PRACTICE 1601 

 CONDITIONS OF CARRIAGE FOR CARGO 

CSC(31MAIL S070)1601 Expiry: Indefinite 

 Type: B 

 

... 

Article 11 – Carrier’s Liability 

... 

11.7 Unless the Shipper has made a special declaration of value for Carriage and has paid the 

supplementary sum applicable, liability of Carrier shall not exceed the Applicable Convention limit or,

if no Convention applies, __________[TO BE INSERTED BY CARRIER], 19 Special Drawing Rights 

per kilogram of Cargo destroyed, lost, damaged or delayed. If the Shipper has made a special 

declaration of value for Carriage, it is agreed that any liability shall in 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. 

... 
M E M O R A N D U M

CSC/MailVote/004/2010

TO: All Members of IATA 

 Cargo Services Conference (CSC) Accredited Representatives 

CC: IATA Regional Cargo Directors/ Cargo Service Managers

 

FROM: Manager, Business Process & Standards 

DATE: 4 August 2010 

SUBJECT: CSC MAIL VOTE (S071) – Recommended Practice 1670 

As Members will recall, the amendment to Resolution 600b adopted at the 32nd meeting of the Cargo 

Services Conference (CSC/32) was declared effective 1 July 2010. In order to conform the provisions 

concerning the carrier’s liability in Recommended Practice 1670 to those contained in the currently 

effective Resolution 600b, the proposed amendment is attached herewith for adoption by Conference 

through this Mail Vote. 

The voting period will run for 21 days from the date of this memorandum. Members are 

requested to submit the vote by sending an email to cargo@iata.org with reference “CSC Mail 

Vote S071” latest by Wednesday, 25 August 2010. 

The voting procedures are as follows: 

 Specimen positive vote advice: XYZ Airlines hereby votes in favor of the proposed 

amendment to Recommended Practice 1670. 

 Specimen negative vote advice: XYZ Airlines hereby votes against the proposed 

amendment to Recommended Practice 1670. 

 Abstentions: Please note that abstentions will count as positive votes.

 

Thank you for your participation. 

Sincerely, 

LIAO, Zhi Yong 

Manager, Business Process & Standards, IATA 

 Attachment 
 

RECOMMENDED PRACTICE 1670 

Attachment ‘A’ 

Annex ‘B’

CONDITIONS OF CONTRACT FOR CONTRACTS CONCLUDED BY ELECTRONIC MEANS 

NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY 

If the carriage involves an ultimate destination or stop in a country other than the country of departure, 

the Warsaw Convention or the Montreal Convention may be applicable and in most cases limit the 

liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the applicable 

regime, and unless a higher value is declared, liability of the Carrier may be limited to 19 Special 

Drawing Rights per kilogram under the Montreal Convention; 17 Special Drawing Rights per kilogram 

under the Warsaw Convention as amended by Montreal Protocol No. 4; or 250 French gold francs per 

kilogram under the Warsaw Convention (unamended by Montreal Protocol No. 4), converted into 

national currency under applicable law, unless a greater amount is specified in the Carrier's conditions 

of carriage.

If the carriage involves an ultimate destination or stop in a country other than the country of departure, 

the Montreal Convention or the Warsaw Convention may be applicable to the liability of the Carrier in 

respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordance with those 

Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.

This contract is subject to the following: 

 

CONDITIONS OF CONTRACT 

1. In this contract and the Notices appearing herewith: 

CARRIER includes the air carrier issuing the Cargo Receipt and all carriers that carry or undertake to 

carry the cargo or perform any other services related to such carriage. 

SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International 

Monetary Fund. 

WARSAW CONVENTION means whichever of the following instruments is applicable to the contract 

of carriage: 

the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at 

Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 September 1955; that 

Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the 

case may be. 

MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for 

International Carriage by Air, done at Montreal on 28 May 1999. 

2./2.1 Carriage is subject to the rules relating to liability established by the Warsaw Convention or the 

Montreal Convention unless such carriage is not “international carriage” as defined by the applicable 

Conventions. 

2.2 To the extent not in conflict with the foregoing, carriage and other related services performed by 

each Carrier are subject to:
2.2.1 applicable laws and government regulations; 

2.2.2 provisions contained in the Carrier’s conditions of carriage and related rules, regulations, and 

timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such 

Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales 

offices from which it operates regular services. When carriage is to/from the USA, the shipper and the 

consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. 

The Carrier’s conditions of carriage include, but are not limited to: 

2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or 

perishable goods; 

2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a 

claim or bring an action against the Carrier for its acts or omissions, or those of its agents; 

2.2.2.3 rights, if any, of the Carrier to change the terms of the contract; 

2.2.2.4 rules about Carrier’s right to refuse to carry; 

2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including 

schedule changes, substitution of alternate Carrier or aircraft and rerouting. 

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those 

places, except the place of departure and place of destination, set forth in the Shipment Record or 

shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be performed 

hereunder by several successive Carriers is regarded as a single operation. 

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation shall not 

be less than the per kilogram monetary limit set out in any applicable Convention or in Carrier’s tariffs 

or general conditions of carriage for cargo lost, damaged or delayed, provided that any such limitation 

of liability in an amount less than 19 SDRs per kilogram will not apply for carriage to or from the 

United States.

4. For carriage to which the Montreal Convention does not apply, Carrier’s liability limitation for cargo 

lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary 

limit is provided in any applicable Convention or in Carrier’s tariffs or general conditions of carriage.

5./5.1 Except when the Carrier has extended credit to the consignee without the written consent of 

the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with 

Carrier’s tariff, conditions of carriage and related regulations, applicable laws (including national laws 

implementing the Warsaw Convention and the Montreal Convention), government regulations, orders 

and requirements. 

 5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be 

considered even though transportation charges thereon are unpaid. 

6./6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit 

shipper to increase the limitation of liability by declaring a higher value for carriage and paying a 

supplemental charge if required. 

6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier 

shall, in accordance with the procedures set forth in its general conditions of carriage and applicable 

tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and 

paying a supplemental charge if so required. 
7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in 

determining Carrier’s limit of liability shall be only the weight of the package or packages concerned. 

7.2 Notwithstanding any other provisions, for “foreign air transportation” as defined by the U.S. 

Transportation Code: 

7.2.1 in the case of loss of, damage or delay to a shipment, the weight to be used in determining 

Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of 

such shipment; and 

7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.2.1 

shall be prorated to the packages covered by the same Cargo Receipt whose value is affected 

by the loss, damage or delay. The weight applicable in the case of loss or damage to one or 

more articles in a package shall be the weight of the entire package. 

8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, 

employees, and representatives and to any person whose aircraft or equipment is used by Carrier for 

carriage and such person’s agents, employees and representatives. 

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by 

applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or 

modes of transport without notice but with due regard to the interests of the shipper. Carrier is 

authorized by the shipper to select the routing and all intermediate stopping places that it deems 

appropriate or to change or deviate from the routing shown in the Shipment Record. 

10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie 

evidence that the cargo has been delivered in good condition and in accordance with the 

contract of carriage. 

10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to 

Carrier by the person entitled to delivery. Such complaint must be made: 

10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and at the 

latest within 14 days from the date of receipt of the cargo; 

10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at the 

disposal of the person entitled to delivery. 

10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of receipt of the cargo 

for transportation by the Carrier. 

10.2 Such complaint may be made to the Carrier who issued the Cargo Receipt, or to the first 

Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the 

loss, damage or delay took place. 

10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be 

brought against Carrier. 

10.4 Any rights to damages against 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. 

11. Shipper shall comply with all applicable laws and government regulations of any country to or from 

which the cargo may be carried, including those relating to the packing, carriage or delivery of the 
cargo, and shall furnish such information to the Carrier as may be necessary to comply with such laws 

and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense 

due to shipper’s failure to comply with this provision. 

12. No agent, employee or representative of Carrier has authority to alter, modify or waive any 

provisions of this contract.