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Liability for breach of contract of the parties to the air cargo transportation contract

by:CNS     2021-07-09
The liability of the parties to the air cargo transportation contract for breach of contract 2021-06-20 09:43:491) The carrier's main liability for breach of contract starts from the time the cargo is carried until the cargo is delivered to the consignee or the handling is completed in accordance with the regulations. , Deterioration, pollution, damage, if it is the goods that have been insured for cargo transportation insurance, the carrier and the insurance company shall compensate according to the regulations; except for the above cases, the carrier shall compensate for the actual loss of the goods. If the shipper or consignee proves that the loss is the intentional act of the carrier, the carrier shall, in addition to compensating the actual loss as required, be fined by the contract management authority of 10% to 50% of the loss. If the goods are delivered to the place of cargo beyond the agreed time limit, the carrier shall pay 5% of the freight charge for liquidated damages, but the total amount cannot exceed 50% of the freight. However, due to weather conditions or force majeure, the goods are delivered overdue, and the carriage can be exempted. Human responsibility. The carrier shall be liable for losses caused by delays in air transportation of goods; however, the carrier proves that it or its servants or agents have taken all necessary measures or is impossible to take such measures in order to avoid the loss. No responsibility. In the transportation of goods, if the carrier proves that the loss was caused or contributed to by the fault of the indemnifier or the obligee, the carrier shall be exempted or mitigated according to the extent to which such loss was caused or contributed to. 2) The shipper’s main liability for breach of contract After signing the charter air cargo transportation contract, when the charterer requests to terminate the contract for any reason, it shall pay the return fee according to the regulations and bear the cost of the adjustment and other items that the carrier has incurred before. . If the shipper fails to pay the transportation costs in accordance with the regulations, it shall be liable for breach of contract. The shipper shall be liable for compensation if the instructions and declarations on the air cargo transportation bill are not in compliance with the regulations, incorrect or incomplete, causing losses to the carrier or other persons for whom the carrier is responsible. If the shipper entrains in the consignment, conceals dangerous goods, misstates the weight of bulky goods or violates packaging standards and regulations, and causes losses to the carrier or a third party, the shipper shall be liable for compensation. 3) The consignee’s liability for breach of contract causes losses to the carrier or a third party due to the consignee’s fault, the consignee shall be liable for compensation. The consignee shall pick up the goods within the prescribed time limit, and if the delivery is overdue, the carrier shall pay the storage costs and other due expenses. 4) Limitation of claims for air cargo transportation When the shipper or consignee seeks compensation, it shall submit it to the carrier in writing within 180 days from the day after filling in the cargo accident record, and attach relevant supporting documents. The carrier's claim for compensation from the shipper or consignee shall be processed within 60 days from the day after receiving the written claim for compensation. The statute of limitations for air transportation is two years, calculated from the date the civil aircraft arrives at the destination or the transportation is terminated.
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