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The conclusion, principle and content of air cargo transportation contract

by:CNS     2021-07-09
The conclusion, principles and content of the air cargo transportation contract 2021-06-20 08:01:481) The conclusion of the air cargo transportation contract The 'Detailed Rules for the Implementation of the Air Cargo Contract' stipulates: 'The cargo consignment note filled out by the shipper shall be accepted by the carrier After the carrier fills out the air waybill, the air cargo transportation contract is established.' In addition, if the shipper requires a chartered aircraft to transport the cargo, it should fill in a charter application form, and the carrier agrees to accept and sign the charter air transportation agreement. , The air charter cargo transportation contract was established. 2) The principle of entering into an air cargo transportation contract (1) The principle of legality and regulation. The conclusion of air cargo transportation contracts must abide by the provisions of national laws and regulations, and must not harm the national interest and the public interest. According to the relevant provisions of the 'Detailed Rules for the Implementation of the Air Cargo ContractThe necessary valid certification documents are attached in accordance with the regulations of the national competent authority. The shipper shall be responsible for the authenticity and correctness of the contents filled in on the air cargo transportation bill. (2) The principle of equality and mutual benefit. Whether it is the carrier, shipper or consignee, they must perform certain obligations before enjoying their rights, and they are completely equal in legal status. At the same time, the formulation of the clauses must be fair and reasonable, conducive to the realization of the goals of all parties in the negotiation, so that the interests of all parties can be met to the greatest extent. For example, the carrier should deliver the goods to the cargo location within the agreed time limit according to the location specified on the freight bill. If the goods are delivered to the wrong place, they should be delivered to the place of delivery specified on the freight bill free of charge. If they are delivered overdue, they shall bear the responsibility for the overdue delivery. The shipper shall pay shipping and other expenses in accordance with the rates set by the civil aviation authority for consigning goods. Unless otherwise agreed between the shipper and the carrier, the freight and other expenses shall be paid in one lump sum when the carrier issues the freight bill. At the same time, the consignee should promptly pick up the goods at the designated place with the delivery certificate. 3) The contents of the air cargo transportation contract The air cargo transportation bill is the preliminary evidence of the conclusion of the air cargo transportation contract and the conditions of transportation and the carrier's acceptance of the goods. The description on the weight, size, packaging and number of packages of the cargo on the air cargo transportation bill shall have the effect of preliminary evidence. Except for the fact that the carrier and the shipper have checked face to face and indicated on the air cargo transportation bill after checking or writing the description of the appearance of the cargo, the description of the quantity, volume and condition of the cargo on the air cargo transportation bill cannot constitute Evidence against the carrier. The contents of the air cargo transportation bill shall be prescribed by the civil aviation authority of the State Council. The air cargo transportation bill should include at least the following items: departure place and destination point; where the departure place and destination point are both within the territory of my country, and there are one or more agreed stopping places outside the country, at least one stopping place shall be indicated ; Where the final destination, place of departure, or one of the agreed stopping places of cargo transportation is not within the territory of our country, the air waybill shall contain the applicable provisions of the International Air Carriage Convention and clearly state the relevant declaration.
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