Pax and Cargo
CONDITIONS OF CARRIAGE
AFRICAN EXPRESS AIRWAYS is a company registered in Kenya with its main offices at Airport North Road, Embakasi, P.O. Box 19202 – 00501, Nairobi Kenya, Email firstname.lastname@example.org African express Airways is a designated carrier in Kenyan flying to 40 destinations worldwide, in the recent past it has concentrated its operations to the horn of Africa and carries over 15,000 passengers annually. Its fleet consist of four main type; MD82,Dc9-31,Crj200 and E120. African express airways’ main businesses are in passenger and cargo transportation.
1.1 "We", "our" "ourselves" and "us" means African Express Airways.
1.2 "You", "your" and "yourself" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "Passenger").
1.3 “AGENT”. Except when the context otherwise requires, any person who has authority, express or implied, to act for or on behalf of carrier in relation to the carriage of cargo.
1.4 "AGREED STOPPING PLACES" means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled stopping places on your route.
1.5 "AIRLINE DESIGNATOR CODE" means the two characters or three letters which identify particular air carriers.
1.6 “AIR WAYBILL”. The document entitled “Air Waybill” made out by or on behalf of the shipper, which evidences the contract between the shipper and carrier for carriage of cargo over routes of carrier.
1.7 “APPLICABLE CONVENTION”. Unless the context requires otherwise, whichever of the following instruments is applicable to the contract of carriage:
1.7.1 the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at
Warsaw, 12 October 1929; (hereinafter referred to as the Warsaw Convention);
1.7.2 the Warsaw Convention as amended at The Hague on 28 September 1955;
1.7.3 the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975;
1.7.4 the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 2 of Montreal
1.7.5 the Warsaw Convention as amended at The Hague 1955 and by Protocol No. 4 of Montreal 1975.
1.8 "BAGGAGE" means your personal property accompanying you in connection with your trip. Unless otherwise specified, it consists of both your Checked and Unchecked Baggage.
1.9 "BAGGAGE CHECK" means those portions of the Ticket which relate to the carriage of your Checked Baggage.
1.10"BAGGAGE IDENTIFICATION TAG" means a document issued solely for identification of Checked Baggage
1.11 “CARGO” (which is equivalent to the term “Goods”). 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 or shipment record.
1.12 “CARRIAGE” (which is equivalent to the term “Transportation”). Carriage of cargo by air or by another means of transport, whether gratuitously or for reward.
1.13 “CARRIER”. Includes the air carrier issuing the air waybill or preserving the shipment record and all
carriers that carry or undertake to carry the cargo or to perform any other services related to such carriage.
1.14 “CHARGES COLLECT”. The charges entered on the air waybill or shipment record for collection from the consignee against delivery of the shipment.
1.15 "CHECKED BAGGAGE" means Baggage of which we take custody and for which we have issued a Baggage Check.
1.16 "CHECK-IN DEADLINE" means the time limit specified by the airline by which you must have completed check-in formalities and received your boarding pass.
1.17 "CONDITIONS OF CONTRACT" means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate, by reference, these Conditions of Carriage and notices.
1.18 "CONJUNCTION TICKET" means a Ticket issued to you with relation to another Ticket which together constitute a single contract of carriage.
1.19 "COUPON" means both a paper Flight Coupon and an Electronic Coupon, each of which entitles the named passenger to travel on the particular flight identified on it.
1.20 “CONSIGNEE”. The person whose name appears on the air waybill or shipment record, as the party to whom the shipment is to be delivered by carrier.
1.21 "DAMAGE" includes death, wounding, or bodily injury to a Passenger, loss, partial loss or theft of or other damage to Baggage, arising out of or in connection with carriage or other services incidental thereto performed by us.
1.22 “DAYS”. Full calendar days, including Sundays and legal holidays; provided that for purposes of notification the balance of the day upon which notice is despatched shall not be counted.
1.21 “DELIVERY SERVICE”. The surface carriage of inbound shipments from the airport of destination to the address of the consignee or that of his designated agent or to the custody of the appropriate government agency when required.
1.22 "ELECTRONIC COUPON" means an electronic flight coupon or other value document held in our database.
1.23 "ELECTRONIC TICKET" means the Itinerary/Receipt issued by us or on our behalf, the Electronic Coupons and, if applicable, a boarding document.
1.24 "FLIGHT COUPON" means that portion of the Ticket that bears the notation "good for passage," or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried.
1.25 "FORCE MAJEURE" means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised.
1.26 "ITINERARY/RECEIPT" means a document or documents issued by us or on our behalf to Passengers travelling on Electronic Tickets that contains the Passenger's name, flight information and notices.
1.27 “"NOTICE OF CONTRACT TERMS INCORPORATED BY REFERENCE" means those statements contained in or delivered with your Ticket or Itinerary/Receipt, identified as such and which incorporate by reference, these Conditions of Carriage and notices.
1.28 "PASSENGER" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket. (See also definition for "you", "your" and "yourself").
1.29 "PASSENGER COUPON" or "PASSENGER RECEIPT" means that portion of the Ticket issued by us or on our behalf, which is so marked and which ultimately is to be retained by you.
1.30 PICK-UP SERVICE”. The surface carriage of outbound shipments from the point of pick-up at the
address of the shipper or that of his designated agent to the airport of departure, including any incidental surface carriage between airports.
1.31 "SPECIAL DRAWING RIGHTS" are an international unit of account, defined by the International
Monetary Fund, based upon the values of several leading currencies. The currency values of the Special Drawing Right fluctuate and are re-calculated each banking day. These values are known to most commercial bankers and are reported regularly in leading financial journals.
1.32 “SHIPMENT” (which is equivalent to the term “Consignment”). Except as otherwise provided herein,
one or more packages, pieces or bundles of cargo accepted by carrier from one shipper at one time and at one address, receipted for in one lot and under a single air waybill or a single shipment record, for carriage to one consignee at one destination address.
1.33 “SHIPMENT RECORD”. Any record of the contract if carriage preserved by carrier, evidenced by means
other than an air waybill.
1.34 “SHIPPER” (which is equivalent to the term “Consignor”). The person whose name appears on the air waybill or shipment record, as the party contracting with carrier for the carriage of cargo.
1.35 “SPECIAL DRAWING RIGHT”. A Special Drawing Right as defined by the International Monetary
1.36 "STOPOVER" means a scheduled stop on your journey, at a point between the place of departure and the place of destination.
1.37 "TARIFF" means the published fares, charges and/or related conditions of carriage of an airline filed, where required, with the appropriate authorities.
1.38 "TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket, in each case issued by us or on our behalf, and includes the Conditions of Contract, notices and Coupons.
1.39 "UNCHECKED BAGGAGE" means any of your Baggage other than Checked Baggage.
These conditions shall apply to all carriage of cargo, including all services incidental thereto, performed
by or on behalf of carrier; provided however that if such carriage is “International Carriage” as defined in the applicable convention (see 1.3) 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.
Except as provided in Articles 2.4, 2.6 and 2.9, our Conditions of Carriage apply only to those flights, or flight segments, where our name or Airline Designator Code is indicated in the carrier box of the Ticket for that flight or flight segment.
2.2 Applicable laws and carrier’s tariffs
To the extent not in conflict with 2.1 all carriage and other services performed by carrier are subject to:
2.2.1 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) government regulations, orders and requirements;
2.2.2 these conditions and other applicable tariffs, rules, regulations and time tables (but not the times of departure and arrival therein specified) of carrier which may be inspected at any of its offices and at airports from which it operates regular services.
2.3 Application to United States and Canada
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 in those countries apply. The tariffs applicable to such carriage are available for inspection at the offices of carrier. these conditions.
With respect to carriage of cargo performed pursuant to a charter agreement with carrier, such carriage shall be subject to carrier’s charter tariffs applicable thereto (if any) and these conditions shall not apply except to the extent provided in said charter tariff. Where carrier has no charter tariff applicable to such charter agreement, these conditions shall apply to such agreement except that carrier reserves the right to exclude the application of all or any part of these conditions and, in case of divergence 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 accepting carriage pursuant to a charter agreement, whether or not concluded with the shipper, agrees to be bound by the applicable terms thereof.
2.5 Change without notice
These conditions and the published rates and charges are subject to change without notice except to the extent otherwise provided by applicable law or government regulations or order; provided however that no such change shall apply to a contract of carriage after the date of issuance of the air waybill by carrier or after the date the rate or charge for the carriage has been entered in the shipment record.
2.6 Conditions prevail over regulations
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have, dealing with particular subjects, these Conditions of Carriage shall prevail.
2.7 Effective rules
All carriage of cargo governed by these conditions shall be subject to carrier’s rules, regulations and tariffs in effect on the date of the issuance of the air waybill by carrier or on the date of the shipment record, whichever is applicable, provided that in the event of inconsistency between these conditions and carrier’s rules, regulations and tariffs, these conditions shall prevail.
2.8 Gratuitous carriage danger
With respect to gratuitous carriage, carrier reserves the right to exclude the applicable of all or any part of
2.9 Overriding law
Air waybills, the writing on which has been altered or erased, need not be accepted by carrier
5.3 Services not included in published rates and charges
Except as otherwise provided in carriers’ regulations, rates and charges apply only from airport to airport and do not include any ancillary service given by carrier in connection with the air carriage.
5.4 Payment of charges
5.4.1 Rates and charges are published in the currency shown in the applicable rate tariffs, and may be paid in any currency acceptable to carrier. When payment is made in a currency other than in the currency in which the rate or charge is published, such payment will be made at the rate of exchange established for such purpose by carrier, the current statement of which is available for inspection at carrier’s office where payment is made.
5.4.2 Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances and payments,
made or incurred or to be incurred by carrier and any other sums payable to carrier, will be deemed fully earned, whether or not the cargo is lost or damaged, or fails to arrive at the destination specified in the contract of carriage. All such charges, sums and advances will be due and payable upon receipt of the cargo by carrier, except that they may be collected by carrier at any stage of the service performed under the contract of carriage.
5.4.3 The shipper guarantees payment of all unpaid charges, unpaid charges collect, advances and disbursements of carrier. The shipper also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which carrier may incur or suffer by reason of the inclusion in the shipment of articles the carriage of which is prohibited by law, or the illegal, incorrect or insufficient marking, numbering, addressing or packing of packages or descriptions of the cargo, or the absence, delay or incorrectness of any export or import licence or any required certificate or document, or any improper customs valuation, or incorrect statement of weight or volume. Carrier shall have a lien on the cargo for each of the foregoing and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale (provided that prior to such sale, carrier shall have mailed notice thereof to the shipper or to the consignee at the address stated in the air waybill) and to pay itself out of the proceeds of such sale any and all such amounts. No such sale shall, however, discharge any liability to pay any deficiencies, for which the shipper and the consignee shall remain jointly and severally liable. By taking delivery or exercising any other right arising from the contract of carriage, the consignee agrees to pay such charges, sums and advances, except prepaid charges.
5.4.4 If the gross weight, measurement, quantity or declared value of the cargo exceeds the gross weight, measurement, quantity or declared value on which charges for carriage have been previously computed, carrier shall be entitled to require payment of the charge on such excess.
5.4.5 Charges collect shipments will be accepted only to countries listed in carrier’s regulations and subject to the conditions contained therein. In any event carrier reserves the right to refuse shipments on a charges collect basis to any country where regulations prevent the conversion of funds into other currencies or the transfer of funds to other countries. Information on countries to which charges collect service is available may be obtained from offices and representatives of carrier.
5.4.6 All charges applicable to a shipment are payable at the time of acceptance thereof by the carrier in the case of a prepaid shipment, i.e. a shipment on which the charges are to be paid by the shipper, or at the time of delivery thereof by the carrier in the case of a collect shipment, i.e. a shipment on which the charges are to be paid by the consignee.
5.4.7 Carrier may cancel the carriage of the shipment upon refusal by the shipper, after demand by carrier, to pay the charges or portion thereof so demanded, without carrier being subject to any liability therefor.
6.3.2 Carrier is authorised to carry the consignment without notice wholly or partly by any
other means of surface transportation or to arrange such carriage.
6.3.3 Carrier reserves the right without notice, to cancel, terminate, divert, postpone, delay or advance any flight, or the further carriage of any cargo, or to proceed with any flight without all or any part of the cargo, if it considers that it would be advisable to do so because of any fact beyond its control or not reasonably to be foreseen, anticipated, or predicted at the same time the cargo was accepted; or if it considers that any other circumstances so require.
6.3.4 In the event any flight is cancelled, diverted, postponed, delayed or advanced or is terminated at a place other than the place of destination or in the event the carriage of any shipment is so cancelled, diverted,
postponed, delayed, advanced or terminated, carrier shall not be under any liability with respect thereto. In the event the carriage of the shipment or any part thereof is so terminated, delivery thereof by carrier to any transfer agent for transfer or delivery or the placing of such shipment in storage shall be deemed complete delivery under the contract of carriage, and carrier shall be without any further liability with respect thereto, except to give notice of the disposition of the shipment to the shipper or to the consignee, at the address stated in the air waybill or shipment record. Carrier may, but shall not be obligated to, forward the shipment for carriage by any other route or forward the shipment as agent for the shipper or the consignee for onward carriage by any transportation service on behalf of the shipper or the consignee. The cost of doing so attaches to the cargo.
6.3.5 Subject to applicable laws, regulations and orders, carrier is authorised to determine the priority of carriage as between shipments, and as between cargo and mail or passengers. Carrier may likewise decide to remove any articles from a shipment, at any time or place whatsoever, and to proceed with the flight without them. If as a result of determining such priority, cargo is not carried or carriage thereof is postponed or delayed or if any articles are removed from a shipment, carrier will not be liable to shipper or consignee or to any other party for any consequences therefor.
6.4 Certain rights of carrier over shipment in course of carriage If in the opinion of carrier it is necessary to hold the shipment at any place for any reasonable purpose, either before, during or after carriage, carrier may, upon giving notice thereof to the shipper, store the shipment for the account and at the risk and expense of the shipper, in any warehouse or other available place, or with the customs authorities; or carrier may deliver the shipment to another transportation service for onward carriage to the consignee. The shipper shall indemnify carrier against any expense or risk so incurred.
8.2.2 when the shipment has been delivered to customs or other government authorities as required by applicable law or customs regulation.
8.3 Place of delivery
Except as provided in 9.3, the consignee must accept delivery of and collect the shipment at the airport of destination or the respective facility as designated by the carrier.
8.4 Failure of consignee to take delivery
8.4.1 Subject to the provisions of 8.5 hereof, if the consignee refuses or fails to take delivery of the shipment after its arrival at the airport of destination, carrier will endeavour to comply with any instructions of the shipper set forth on the face of the air waybill, or in the shipment record. If such instructions are not so set forth or cannot reasonably be complied with, carrier shall notify the shipper of the consignee’s failure to take delivery and request his instructions. If no such instructions are received within thirty (30) days, carrier may sell the shipment in one or more lots at public or private sale, or destroy or abandon such shipment.
8.4.2 The shipper is liable for all charges and expenses resulting from or in connection with the failure to take delivery of the shipment, including, but not limited to, carriage charges incurred in returning the shipment if so required by the shipper’s instructions. If the shipment is returned to the airport of departure and the shipper refuses or neglects to make such payments within fifteen (15) days after such return, carrier may dispose of the shipment or any part thereof at public or private sale after giving the shipper ten (10) days notice of its intention to do so.
8.5 Disposal of perishables
8.5.1 When a shipment containing perishable articles as defined in carrier’s regulations is delayed in the possession of carrier, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, carrier may immediately take such steps as it sees fit for the protection of itself and other parties in interest, including but not limited to the destruction or abandonment of all or any part of the shipment, the sending of communications for instructions at the cost of the shipper, the storage of the shipment or any part thereof at the risk and cost of the shipper, or the disposition of the shipment or any part thereof at public or private sale without notice.
8.5.2 In the event of the sale of the shipment as provided for above, either at the place of destination or at the place to which the shipment has been returned, carrier is authorised to pay to itself and other transportation services out of the proceeds of such sale all charges, advances, and expenses of carrier and other transportation services plus costs of sale, holding any surplus subject to the order of the shipper. A sale of any shipment shall, however, not discharge the shipper and/or owner of any liability hereunder to pay any deficiencies.
8.5.3 By accepting delivery of the air waybill and/or the shipment the consignee shall become liable for payment of all costs and charges in connection with the carriage. Unless otherwise agreed the shipper shall not be released from his own liability for these costs and charges and will remain jointly and severally liable with the consignee. Carrier may make delivery of the shipment or the air waybill conditional upon payment of these costs and charges.