Domestic Transportation Rule of China Civil Aviation Cargo
Table of Contents
Chapter I General Provisions
Chapter II Consignment of Cargo
Chapter III Carriage of Cargo
Section I Acceptance and Carriage of Cargo
Section II Transportation of Cargo
Section III Arrival and Delivery of Cargo
Section IV Change to Cargo Transportation
Section V Freight Charges of Cargo
Chapter IV Transportation of Special Cargo
Chapter V Airmail and Air Express Transportation
Chapter VI Airplane and Cabin Chattered Transportation
Chapter VII Indemnification to Improper Transportation
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Regulations is formulated in accordance with the Civil Aviation Law of the People’s Republic of China in order to strengthen the management of aviation cargo transportation and maintain the order of proper aviation transportation.
This Regulations is applicable to civil aviation cargo transportation with the place of departure, the agreed transfer stations and the destination all within the territory of PRC.
Article 2 Carrier shall give expression to the idea that the civil aviation serves the people by safely, quickly, accurately and economically organize for cargo transportation based on the principle of key point guaranteed, normal point cared and reasonable transportation.
Article 3 Unless otherwise specified in the specific clauses, the following terms under This Regulations shall have the meaning as follows:
(1) “Carrier” means all air carriers including one who accepts the Air Waybill (AWB) completed and issued by the Shipper and keep the cargo records and the one who is responsible for the transportation and undertakes the carriage of cargo or provides any other services for such transportation.
(2) “Agent” means anybody authorized to be on behalf of the Carrier during the transportation of aviation cargo.
(3) “Shipper” means the representative who concludes a contract with the Carrier with respect to cargo transportation and signs on the AWB or cargo records.
(4) “Consignee” means the representative to whom the Carrier will deliver the cargo according to the name listed in the AWB or cargo transportation records.
(5) “Shipper’s Letter of Instruction (SLI)”means the written document completed by the Shipper while handling the procedures for the cargo transportation which is basis for completing and issuing the AWB.
(6) “Air Waybill” means the document indicating that the Shipper and the Carrier have signed a contract for cargo carriage through the air route of the Carrier. The AWB is completed and developed by the Shipper or the Carrier as authorized by the Shipper.
Chapter II Consignment of Cargo
Article 4 The Shipper shall present his/her own ID card or other valid identity documents in order to complete the SLI and handle the consignment formalities with the Carrier or his/her Agent. In the event that the Carrier or his/her Agent requires the Letter of Introduction issued by the Shipper’s employer or other valid identity documents, the Shipper shall provide such letter or documents. As to cargo that is restricted from consignment or requires special approval from public security, quarantine or other governmental agencies must be accompanied by valid proof that such agencies have approved the cargo for transport.
Completion and basic content of the SLI:
(1) The Shipper shall seriously complete the SLI and be responsible for the authenticity and accuracy of the content with the SLI signed or stamped.
(2) Basic content of the SLI:
1．The specific employers or individual full names and detailed addresses, telephone numbers and postal codes of the Shipper and the Consignee;
2．Description of cargo;
3．Quantity, packing and mark of cargo;
4．Real value of cargo;
5．Declared value of cargo;
6．Regular cargo transportation or time-sensitive transportation;
7．Cargo characteristics, storage and transportation as well as other instructions.
(3) The Shipper shall complete different SLIs respectively for cargo requiring different conditions of carriage or cargo that is incompatible with other cargo to be shipped on a flight.
Article 5 The cargo shall be packed in such a way so as to prevent damage, dispersion or leakage of the cargo, or damage or pollution to the aircraft or damage to or contamination of other cargo items during the course of carriage.
The Shipper shall adopt appropriate external and internal packing materials and packing forms according to the properties and weight of the cargo, transport conditions and the requirements of the Carrier. For precision cargo, fragile cargo, cargo sensitive to shock and pressure, or cargo that must be transported upright, appropriate packing measures must be taken to prevent any damage to the cargo. Using straw bags or straw ropes to pack or secure the good is strictly prohibited.
Cargo packaging shall not contain any prohibited or restricted goods, hazardous substances, valuables, confidential documents and data. 7501 Civil Aviation Regulations.
Article 6 The shipper shall clearly mark each package with the airports of origin and destination, and the companies, names and full addresses of the Shipper and the Consignee.
The Shipper shall stick air carriage identification labels to the external packaging of each piece of consigned cargo according to its properties and the form specified in applicable national standards.
If a used package is reused, all old tags and labels on the external package must be removed.
Each piece of cargo consigned by the Shipper must be accompanied by a cargo carriage label for the carrier.
Article 7 The weight of the cargo is measured by gross weight in kilograms, and any fractions less than 1 kg are rounded off. If the gross weight of the cargo specified in an Air Waybill is less than 1 kilogram, it will be counted as 1 kilogram. The weight of valuables is measured by gross weight in 0.1 kilograms.
For cargo carried in non-wide-body aircraft, the weight of each piece of cargo shall not exceed 80 kilograms and its dimension shall not exceed 40×60×100 centimeters. For cargo carried in wide-body aircraft, the weight of each piece of cargo shall not exceed 250 kilograms and its dimension shall not exceed 100×100×140 centimeters. For any cargo that exceeds these weight or dimension limits, the Carrier may determine the max. acceptable weight and dimension of cargo according to the conditions of the handling equipment at the airports of origin and destination.
The sum of the length, width and height of each piece of cargo shall be no less than 40 centimeters.
Light bulky cargo means the cargo with a weight of 1 kilogram but a volume of more than 6000 cubic centimeters. Every 6,000 cubic centimeters of light bulky cargo is counted as 1 kilogram.
Article 8 For the Shipper’s cargo with value exceeding RMB 20.00 per kilogram, the Shipper may declare the value of the cargo and pay a value declaration surcharge as required.
The declared value of each Air Waybill shall not exceed RMB 500,000.
If a Shipper requests any change to the consigned cargo, the value declaration surcharge is not refundable.
Chapter III Carriage of Cargo
Section 1 Acceptance and Carriage of Cargo
Article 9 The Carrier shall systematically accept and carry the cargo according to the transportation capability and the properties and time-sensitive degree of the cargo.
As to connecting flight cargo subject to big batch and specific conditions and time requirements, the Carrier must accept and carry the cargo only with the transfer freight space of the connecting flight prepared in advance.
The Carrier may suspend the acceptance and carriage of cargo in case of special circumstances, such as government decree, natural disaster, suspension of air or shipping service and overstock of cargo.
It is prohibited to accept and carry any cargo which is forbidden to be transported according to national laws, regulations and relevant rules. Any cargo which is restricted from transport shall be accepted and carried only with the specified formalities and conditions achieved.
Any cargo required of inspection, quarantine and formalities handling by the competent department is prohibited to be accepted and carried until the formalities have been completed.
Article 10 The Carrier shall verify the valid identity document of the Shipper for acceptance and carriage of cargo. As to any cargo restricted from carriage by the nation, it is required to verify the valid certificate for transport approval issued by related national department.
The Carrier shall check the packing of the cargo consigned by the Shipper. Any cargo packing failed to meet the requirements of air transport must be corrected by the Shipper before handling the acceptance and carriage of cargo.
The Carrier is not responsible for checking whether the internal packing of the cargo consigned by the Shipper is in accordance with the requirements. The consigned cargo shall be subject to the security check conducted by the Carrier. The cargo to be shipped within 24 hours upon the acceptance shall be subject to a physical check or checked by a security check device.
Article 11 The Air Waybill (hereinafter referred to as AWB) shall be completed by the Shipper and submitted together with the cargo to the Carrier. In the event the Carrier completes the AWB based on the Shipper’s Letter of Instruction provided by the Shipper and such AWB is signed by the Shipper, it shall be deemed that this AWB is completed by the Carrier on behalf of the Shipper.
The Shipper shall be responsible for the accuracy of the description or statement with respect to cargo in the AWB.
The Air Waybill is made in eight counterparts of original, three of which are originals and five of which are counterparts. As to three originals: the first is provided to the Carrier with the signature or seal of the Shipper; the second is provided to the Consignee with the signatures or seals of the Shipper and the Carrier; the third is provided to the Shipper with the signature and seal of the Carrier after accepting the cargo. All of three originals have equal legal force. The Carrier may increase the quantity of the counterparts as required. The Carrier’s part of the AWB shall be kept for 2 years from the next day upon completing the AWB.
The basic content of the AWB includes:
(1) Place and date of completing the AWB;
(2) Place of origin and destination;
(3) Name and address of the first Carrier;
(4) Name and address of the Shipper;
(5) Name and address of the Consignee;
(6) Description and property of the cargo;
(7) Packing form and quantity of the cargo
(8) Weight, volume or dimension of the cargo;
(9) Charging item and payment method;
(10) Matters related to transportation description;
(11) Statement of the Shipper.
Section II Transportation of Cargo
Article 12 As to cargo required of time-sensitive transport, the Shipper shall indicate the shipping date and flight on the AWB and the Carrier shall transport the cargo according to the specified date and flight. As to cargo required of connecting flight time-sensitive transport, the Carrier can accept only upon obtaining the approval of the connecting flight station in advance.
As to the cargo with limiting transport time, the Shipper and the Carrier shall achieve an agreement on the date of arrival which is to be indicated on the AWB.
The Carrier shall deliver the cargo to the destination within the agreed time limit.
The Carrier shall deliver the cargo to the destination as soon as possible according to the shipping order under Article 13 of this chapter. 8501 Collection of the Civil Aviation Laws and Regulations of China
Article 13 According to the properties of cargo, the Carrier shall conduct shipping in accordance with the following order:
(1) Cargo for emergency rescue, disaster relief, emergency treatment and diplomatic pouch and cargo subject to time-sensitive transport designated by the government;
(2) Cargo subject to specified date, flight and time-sensitive transport;
(3) Cargo with time limits, valuables and small bits and pieces;
(4) Connecting flight cargo subject to international and domestic transfer shipment;
(5) As to general cargo, the sequence of acceptance and transport shall prevail.
Article 14 The Carrier shall build the control system of freight space to achieve reasonable loading based on the daily available freight space of air transport in order to avoid waste of freight space or overstock of cargo.
The Carrier shall select the transport route on a reasonable or economical basis to avoid round about transport.
The Carrier shall build the Notification to Captain System for transport of special cargo.
Article 15 The Carrier shall well organize for loading and unloading operation with respect to the carried cargo. Handle the cargo gently and strictly follow the indications and marks of storage and transportation on the cargo package to avoid damages.
The Carrier shall load and unload the cargo according to the loading list and unloading list in order to ensure air safety.
The Carrier shall build the sound supervision system for loading and unloading. Specially-assigned person shall be required to supervise and check the working site for cargo loading and unloading.
In the event that any damage to the cargo package is found during the course of transport, the Carrier shall well prepare the transport records and ask the Shipper or the Consignee for treatment suggestions.
In the event that the Carrier is difficult to load and unload the special cargo and out-of-gauge cargo consigned by the Shipper, it is available to request the Shipper or the Consignee to provide essential loading and unloading equipment and manpower through consultation.
Article 16 The Carrier shall build the warehouses for regular cargo and valuables, fresh cargo, dangerous cargo and others respectively in accordance with the inward and outward transportation volume and the properties of cargo.
The warehouse shall be provided with sound storage system and strict handing-over procedures. The cargo in the warehouse shall be arranged reasonably and subject to regular inventory. The measures for fireproofing, prevention of burglary, ratproof, waterproof, freeze proof and others shall be well prepared. Ensure the accuracy and integrity of the cargo stored and sent.
Article 17 The shipper and the consignee may check the transport status of the consigned cargo with the Carrier or its duly authorized Agent at the place of origin or the place of destination. The Air Waybill or Air Waybill number, place of origin, destination of destination, name of cargo, quantity, weight, consignment date and other required information must be provided at the time of inquiry.
The Carrier or its duly authorized Agent shall timely respond regarding the inquiry of the Shipper or the Consignee.
Section III Arrival and Delivery of Cargo
Article 18 Unless otherwise agreed, the Carrier or its duly authorized Agent shall timely serve the Consignee with Arrival Notice upon the cargo has been delivered to the destination. The notification can be made by call or in written. Such notice for the time-sensitive cargo shall be sent within 2 hours upon the arrival of cargo, and the notice for the regular cargo shall be sent within 24 hours upon the arrival of cargo.
Since the next day upon sending the Arrival Notice, the cargo can be stored for 3 days, without charge. The cargo can remain in the Carrier’s custody free of charge for up to three days after the issue date of the Arrival Notice. The Consignee or its Agent shall pay overdue storage fees if he or she fails to pick up the cargo after three days.
If the cargo is detained by the inspection office or remained in the Carrier’s warehouse for waiting for treatment because of violation of regulations, the Consignee or the Shipper shall pay the storage charges and other related expenses.
For animals, fresh and perishable cargo and other cargo with specified delivery dates and flights, the Shipper shall be responsible for notifying the Consignee when to arrive at the destination airport to pick up the cargo.
Article 19 The Consignee shall present an Arrival Notice and ID card or other valid identity document in order to pick up the cargo. If the Consignee assigns another person to pick up the cargo, the assignee must present the Arrival Notice, and the ID card or other valid identity document of the assignee and the Consignee specified in the Air Waybill. The Consignee shall provide a Letter of Introduction issued by his or her employer or other valid proof document if required by the Carrier or its Agent.
The Carrier shall hand over the cargo to the Consignee after checking the quantity of cargo by referencing the AWB. If any shortage or damage of cargo is found at the time of collection, the Carrier shall propose an on-site verification with the Consignee. If necessary, the cargo transport accident records shall be prepared and signed or stamped by both parties.
If the Consignee has any concerns about the external packaging or weight of the cargo at the time of collection, he or she shall propose a verification or re-measurement of the weight prior to leaving the cargo terminal.
In the event that the Consignee signs the AWB after collection and without raising an objection, it shall be deemed that the cargo has been successfully delivered.
Article 20 Where the cargo consigned by the Shipper is not consistent with the Air Waybill, includes dangerous goods, or goods prohibited or restricted from carriage by the government, the Carrier may take the following actions:
(1) Reject the cargo at the airport of origin, withhold the freight charges and notify the shipper for picking up the cargo.
(2) Suspend transport of the cargo at the airport of transfer, withhold the freight charges, notify the Shipper and charge additional freight charges for cargo with unconformable description.
(3) Charge freight charges for cargo with unconformable description for the entire trip at the airport of destination.
Article 21 In case that nobody picks the cargo up within 14 days since the next day upon sending the Arrival Notice, the airport of destination shall notify the airport of origin for requesting the suggestions of the Shipper with respect to the treatment of cargo. If nobody picks the cargo up within 60 days upon the above date and no treatment suggestion of the Shipper is received, the cargo shall be treated as undeliverable cargo
For the undeliverable cargo, the corresponding stocktaking, registration and storage shall be well conducted.
The cargo prohibited and restricted from transport by the nation, valuables, precious historical accounts of past events and other cargo shall be handed over to the competent national department, free of charge. The general means of production and livelihood shall be handed over to related department of material or commercial department. The fresh and perishable cargo or the cargo difficult to store may be treated at the Carrier's own discretion. If disposal is required, the Shipper shall be responsible for the cost generated.
Within 90 days upon the treatment date, if any Shipper or Consignee claims the cargo, the spare money with the storage fee and handling charges deducted shall be returned to the claimant. If nobody claims after 90 days, the payment for cargo shall be handed in to the national treasury.
The Shipper shall be notified by the airport of origin of the treatment result of undeliverable cargo. 9501 Civil Aviation Regulations.
Section 4 Change to Cargo Transportation
Article 22 The Shipper shall provide the written requirements issued by the original Shipper, valid personal identity document and the Shipper's part of the AWB if he/she requests any change to the consigned cargo.
In the event that the Shipper requests any changes to the consigned cargo, the Shipper must provide a written request issued by the original Shipper, a valid ID certificate and the shipper's original Air Waybill.
The cargo for which a request for change is made shall include all items listed in the Air Waybill.
Article 23 The Carrier shall timely handle with the change request proposed by the Shipper and modify or re-issue the AWB and re-charge the freight fee according to the requirements of change. If it fails to fulfill the request, the Shipper shall be quickly notified.
The Carrier may charge the handling charge for returning the consigned cargo before transport.
Article 24 If the transport change is required because the cargo transport is affected by the Carrier's execution of special mission or weather and other force majeure events, the Carrier shall timely notify the Shipper or the Consignee in order to achieve a solution.
The Carrier shall manage the freight charges in accordance with the following rules:
(1) All freight charges shall be refunded if the consigned cargo is returned at the airport of origin.
(2) The freight charges for the flight segments undelivered shall be refunded if the airport of destination is changed when the consigned cargo arrives at the airport of transfer, and charge additionally the freight charges for delivery from the airport where such change is executed to the airport of new destination.
(3) All freight charges shall be refunded if the consigned cargo is returned from the airport of transfer to the airport of original origin.
(4) The Carrier shall be responsible for the expenses overrun cause by that the consigned cargo is transported from the airport of transfer to the airport of destination by other means of transportation.
Section V Freight Charges of Cargo
Article 25 The freight charges of the consigned cargo is the price for air transport between the airport of origin and the airport of destination, excluding the expenses for ground transportation between the airport and the urban area and other charges.
For transport of valuables, animal, fresh and perishable goods, dangerous goods, coffin, human remains, paper-mache and EMS, time-sensitive cargo and other items, it charges 150% of the freight charges for regular cargo.
The formula for calculating the surcharges of declared value is: [declared value - (actual weight x 20) ] x 0.5%.
Article 26 The Carrier may charge the fee for ground transportation, handling charges for returning the consigned cargo, storage fee and other incidental expenses of freight.
Article 27 The Shipper shall pay the freight charges in accordance with the currency and payment method as specified by the nation. Unless otherwise agreed by the Carrier and the Shipper, the freight charges shall be uniformly subject to spot payment.
Chapter IV Transportation of Special Cargo
Carriage of special cargo shall be in compliance with the regulations for carriage of regular cargo as well as the following special requirements.
Article 28 If the Shipper requires immediate delivery of cargo, such cargo may be carried as time-sensitive goods upon the consent of the Carrier and specified freight charges shall be paid.
Article 29 Without special permission from CAAC, the Carrier does not accept the carriage of microbiological products harmful to humans, animals and plants, such as bacterial strains and media containing bacteria.
The biological products obtained from artificial manufacturing, purification and sterilization treatment, such as vaccines, bacterins, bacteriophages and serums, may be carried as regular cargo if the Shipper provides proof that such items are sterile and non-toxic.
The microorganism and harmful biological product shall be stored and transported away from the food.
Article 30 The Shipper shall provide a valid "Plant Quarantine Certificate" issued by a local plant quarantine authority at the county level or above when consigning plants and products of plant origin.
Article 31 The human remains shall be placed in a sealed plastic bag or other sealed container and contained in a wooden box inside a cloth bag.
Consignment conditions for coffin:
(1) The Shipper shall present the death certificate issued by the hospital and certificate of transport approval issued by related department and contact with the Carrier to achieve an agreement in advance;
(2) The human remains must be non-contagious;
(3) The human remains have been embalmed and within the corresponding period;
(4) The human remains shall be placed in an iron coffin or wooden coffin as the internal packing which is equipped externally with handles for loading/unloading. The inside of the coffin shall be paved with absorbing materials as bits of wood or charcoal. The coffin shall be free from leak and well nailed or welded to prevent from leakage of gas and liquid;
(5) The Shipper must provide the encoffinning certificate issued by a relevant funeral service authority while applying for consignment.
Article 32 Carriage of dangerous goods shall be in compliance with the Civil Aviation of China Transport of Dangerous Goods by Air of CAAC.
Article 33 Live animals may be shipped in compliance with applicable national regulations. The Shipper shall provide an immunization certificate and Animal Quarantine Certificate issued by a local animal quarantine authority of the county level or above. For animals under national protection programs, a transport permit issued by relevant governmental agency must be provided; for animals within the scope of market management, a certificate issued by the competent market management agency must be available.
The Shipper shall in advance contact with the Carrier in order to arrange the shipping space. The Shipper shall complete the Consignment Certificate for Carriage of Live Animals while handling the formalities of consignment. The shipper shall provide the cargo attendant for animals that require special care and feeding or are carried in large number.
Containers for animals shall be suitable for loading/unloading, animal characteristics and air carriage, designed to prevent attacks and/or escape of the animal, providing access to the outside environment, and ensuring good ventilation to prevent suffocation. The container shall be designed to prevent leakage of animal waste. The external package shall be marked with the instructions for animal care and carriage.
The Shipper and Consignee shall conduct the consignment and collection for the animals at the airport, and shall be responsible for animal care and storage before the shipment and after the arrival of such animal. In the case of carriage of animals with special requirements, the Shipper shall provide instructions or on-site guidance to the Carrier.
The Carrier shall arrange the animals in the aircraft cabin suitable for animal carriage. If the animal dies during the course of transport, the Carrier shall assume no responsibility unless such death is caused by the Carrier.
Article 34 When consigning fresh and perishable goods, the Shipper shall indicate the allowable longest shipping time and transport instructions, determine the shipping space and complete the consignment procedures at the agreed time and at the airport.
For fresh and perishable goods subject to quarantine as required by government regulations, the Shipper shall provide a quarantine certificate issued by a relevant authority.
The packaging of fresh and perishable goods shall be suitable for the characteristics of the goods and designed to prevent contamination or damage to the aircraft and other goods. The passenger transport is prohibited to carry any fresh and perishable goods with objectionable odor.
For fresh and perishable goods requiring special care, the Shipper shall provide necessary facilities and assign the cargo attendant if necessary.
The Shipper or Consignee shall pay for any expenses arising from necessary protective measures taken by the Carrier during the transport and storage of fresh and perishable goods.
Article 35 Valuables include precious metals like gold, platinum, iridium, rhodium and palladium and the products made of them; various jewelry, jade ware, diamonds, pearls and their products, precious historic relics (including ancient calligraphy, paintings and antiques), cash, securities, and items worth over RMB 2,000 per kilogram of gross weight.
Valuables shall be packed in a firm, tight packing box wrapped with “#” shaped iron hoop and there shall be a sealing mark at the connecting portions.
Article 36 Firearms and police equipment (referred to as firearms) are listed in the Special Controlled Goods Category. The ammunition is the dangerous goods subject to special control. The following document shall be provided for consignment:
(1) When consigning various firearms and ammunition, the Shipper must present the transport permit issued by the security bureau at the municipal or county level at the place of departure or destination or an approval document issued by a competent national authority.
(2) When importing and exporting various firearms and ammunition, the phoresy certificate issued by the frontier inspection station must be provided. The packing of the firearms and ammunition shall be original. The non-factory packing shall be secure and tight with seal marks. The firearms and the ammunition shall be packed separately.
The whole course of firearms and ammunition transport must be strictly in accordance with the handing over procedures.
Article 37 According to the properties of cargo, for cargo required of care and guard by specially-assigned person during the course of transport, the Shipper shall provide the cargo attendant, or, the Carrier is entitled to reject the consignment. The shipping space shall be arranged in advance for consignment.
The cargo attendant shall fulfill the requirements of the Carrier regarding the cargo transport and be responsible for the safe transport of cargo. The cargo attendant shall buy a passenger ticket and check-in.
If the cargo with cargo attendant provide by the Shipper is subject to loss, the Carrier assumes no responsibility unless it is proved that such loss is caused by the mistake of the Carrier. If it is proved that such loss is resulted from the mistake of the Shipper, he/she shall compensate in accordance with the related terms under Article 45 of this Regulations.
The Shipper shall assist the cargo attendant with transport and mark the corresponding cargo package with label as "Escort". In the "Notes for Storage" of the AWB, the word "Escort" shall be indicated as well as the date and flight for transport.
Chapter V Airmail and Air Express Transportation
Article 38 The Shipper and the Carrier of the airmail shall cooperate and coordinate with each other tightly to organize safely, quickly and accurately for transport according to the released flight scheduling and mail waybill.
The airmail shall be sealed and packed separately with airmail bag in good condition according to the mail type. The label of "Aviation" is provided.
The Carrier shall prior transport the airmail received.
The airmail shall contain no dangerous goods or goods restricted from transport by the nation.
The airmail shall be subject to safety inspection.
The freight charges of the airmail is based on the specific transport time limit.
The Carrier transports the mails and is only responsible for the postal enterprise
Article 39 The air express enterprise shall be based on this Regulations and use the special marks and packaging.
The air express enterprise shall safely, quickly and accurately provide the owner of cargo with high-quality services and charge for specified service fees. The air express enterprise shall assume the corresponding economic responsibility with respect to non-performance.
Chapter VI Airplane and Cabin Chattered Transportation
Article 40 Application for airplane chattered. The Shipper contacts with the Carrier for discussing about the conditions for airplane chattered transportation with the introduction letter issued by the employer and valid personal identity document provided. Upon the agreement of both parties, the Shipper and the Carrier sign the Airplane Chattered Contract. The Contractor and the Carrier shall perform their own responsibilities and obligations as specified under the above Contract.
When the Contractor and the Carrier are executing the Airplane Chattered Contract, a SLI and an AWB shall be completed for each chattered airplane as the certificate of transport.
The Contractor and the Carrier may determine a cargo attendant according to the properties of cargo, and the cargo attendant shall buy the air ticket check-in as specified based on the Airplane Chattered Contract.
Article 41 The tonnage of airplane chattered is fully used by the Contractor. The Carrier shall consult with the Contractor if the former requests to use the rest tonnage of the airplane chattered.
Article 42 Upon signing the Airplane Chattered Contract, unless for weather and other force majeure reasons, the Shipper and the Carrier shall assume the economic responsibilities as specified in the Airplane Chattered Contract.
Before the Contractor requests any change to the airplane chattered, the Contractor shall be responsible for all related expenses generated by the Carrier for changing the airplane chattered in order to fulfill the airplane chattered mission
Article 43 Airplane chattered. The Carrier shall charge based on the agreement between both parties.
Article 44 Refer to the terms with respect to airplane chattered for signing the contract for shipping space or container chattered and the responsibilities and obligations of each party.
Chapter VII Indemnification to Improper Transportation
Article 45 In case of loss, shortage, deterioration, contamination, or damage to the cargo caused by the Carrier, it shall make compensation in accordance with the following provisions:
(1) As to cargo without declared value, the Carrier shall compensate based on the value of practical loss with the upper limit of RMB 20 per kilogram in gross weight.
(2) As to cargo with value declared to the Carrier. the Carrier shall compensate based on the declared value. If the Carrier proves that the value declared by the Shipper is higher than the actual cargo value as specified in 1601 Civil Aviation Regulations, the Carrier shall compensate based on the practical loss.
Article 46 The Carrier shall compensate according to the Transport Contract in case the cargo is delivered beyond the time limit agreed in the Cargo Transport Contract.
Article 47 In case of loss, shortage, deterioration, contamination, or damage to the cargo or delayed delivery is found by the Shipper or Consignee, the Consignee shall notify the Carrier at site and the latter shall complete the transport accident records according to the rules which shall be signed or stamped by both parties. If any claim for compensation arises, the Consignee or the Shipper shall, since the next day upon signing and issuing the accident records and within the legal time limit, require the Carrier or his/her duly authorized Agent to compensate. The Shipper or the Consignee shall complete the cargo indemnification list for achieving the above mentioned compensation requirements with the AWB, transport accident records, documents indicating the content and price of the cargo and other valid proof documents provided.
The Shipper or the Consignee is deemed as waiver of claim if both of them fail to raise a claim within the corresponding legal time limit.
Article 48 The claim is generally handled at the airport of destination. The Carrier shall manage and respond, within 2 months, regarding the claim proposed by the Shipper or the Consignee.
If the Carrier irrelevant to the acceptance of claim receives a claim, he/she shall timely hand over the claim to related Carrier and notify the Claimant.
Chapter VIII Supplementary Provisions
Article 49 This Regulations has been put into force upon 1 March 1996. The Domestic Transportation Rule of China Civil Aviation Cargo formulated and issued by CAAC in 1985 was simultaneously abolished.
