Air Waybill – Conditions of contract for cargo services for International destinations

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 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.

1. In this contract and the Notices appearing hereon:
CARRIER includes the air carrier issuing this air waybill 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, October 12,1929;
that Convention as amended at The Hague on September 28,1955;
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 May 28,1999.

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 air waybill, 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 on the face hereof 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 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 air waybill 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 on the face hereof.

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 (two weeks) days from the date of receipt of the cargo;

10.1.2 in the case of delay, within 21 (three weeks) 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 issue of the air waybill, or if an air waybill has not been issued, 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 whose air waybill was used, 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 and attach such documents to the air waybill 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.

Air Waybill – Conditions of contract for cargo services for destinations within Indonesia

Non International Carriage of Cargo (Other than Baggage and Mail)

1. New Bali Air hereby makes the following Regulations relating to the conditions on non-International carriage of cargo (other than Baggage and Mail) performed by New Bali Air namely:
2. Short Title:
2.a These regulations may be called the New Bali Air Non-International Carriage of Cargo (other than Baggage and Mail) Regulations 1967.
2.b It shall come into force from 1st April, 1967.
3. Definitions: In these regulations, unless there is anything repugnant in the subject or context:-
3.1 “Government” means the Government of Indonesia
3.2 “Non International Carriage” means carriage as defined in the Carriage by Air Act, 1961;
3.3 “Cargo” in this context will not include baggage and mail:
3.4 “Air Waybill” means “Air Consignment Note”.
3.5 “Shipper” means “Consignor”
3.6 “Carriage” means “Transportation”
3.7 “Carrier” means the Carrier (that New Bali Air), issuing the Airway Bill; and
3.8 For the purposes of the exemption from and limitations of liability provision set forth or referred to in the Air Waybill, “Carrier” includes agents, servants or representatives of the carrier.

Security Check of Passengers and their Hand Baggage

As per Government of Indonesia Regulations, for security reasons, all passengers at Indonesian airports will be frisked and their hand baggage checked by the security staff before boarding the flight.

Missing / Lost / Damaged Baggage

While we take utmost care that your baggage arrives in proper condition, there may be occasions when baggage may be damaged or misplaced. In such a situation the passenger should immediately report the damage / missing baggage to our ground staff on arrival, before leaving the terminal building.
Further a Property Irregularity Report (PIR) has to be filed, which will be done by the staff. The case then will be settled as per company policy. Please note that once the passenger leaves the terminal building without registering a complaint of mishandled bag, New Bali Air will not be in a position to settle the claim.
Our liability for loss to baggage is limited to USD 50 per kg on domestic flights within Indonesia and USD 30 per kg lost on international flights, unless a higher value is declared in advance and additional charges are paid. Excess valuation may not be declared on certain types of articles. We assume no liability for fragile/perishable articles or already damaged items.

Lost Ticket

In a situation where a passenger has lost an unused ticket / Miscellaneous Charges Order (MCO), a Form of Indemnity (FOI) must be filled and signed by the passenger requesting either refund or the issuance of a replacement ticket. Please note that FOI signed by travel agents or any representative on behalf of the passenger will not be accepted. In case of a domestic ticket, along with the FOI, it is also important to obtain a First Information Report (FIR) from the nearest police station. On receipt of this information the ticket will be blacklisted to ensure that it is not misused. The refund will be processed one year from the date of issue of ticket.

Electronic Devices on Board

Many electronic devices like DVD players and lap top computers interfere with aircraft communications and radio navigation systems. Passengers are requested to refrain from using these devices during take-off and landing. The instructions of the cabin crew must be adhered to at all times.

Use of Mobile Phones on Board

As per the latest amendment to the Civil Aviation Requirement, Section 5, Series X, Part I issued by DGAC, guests onboard all flights are required to follow the prescribed guidelines for the use of mobile phones and Transmitting PED’s (Personal Electronic Devices) on ‘Flight Mode’.

Prior to departure: Guests will be permitted to use their mobile phones while the aircraft doors are open, unless advised by the Captain. (i.e. during aircraft refueling, aircraft Radio Telephony communication; and pre-flight functions like entries in the FMS and GPS navigation system) Guests will be required to switch off their Mobile phones and other portable electronic devices once the aircraft doors are closed. Flight Mode will not be permitted.

In-flight: Guests will be permitted to use Mobile phones and Transmitting PED’s on Flight / Airplane mode only after the seat belt sign has been switched off. In case of any interference and for safety reasons, the Cabin Crew in charge may inform the guests to stop using their PEDs.

Prior to landing: Guests must switch off all electronic devices like Laptops, transmitting PED’s including mobile phones prior to landing.

After landing: After landing, guests will be permitted to use mobile phones once the aircraft clears the active runway. However this may not be applicable incase the landing takes place in low visibility conditions. The Cabin Crew in charge will clearly mention low visibility conditions during the pre-landing announcement.

Carriage of Weapons / Ammunition

Security regulations prohibit the carriage of weapons in the passenger cabin except for those authorized by the Government of Indonesia.

Besides actual weapons, certain items that may be misused as weapons or resemble weapons are also prohibited from being carried in the passenger cabin.

Bringing a prohibited item to the Passenger and Cabin Baggage Screening point without authorization is a criminal offence and may result in charges and prosecution. The following list of weapons may be carried in checked-in luggage, provided they are sheathed or securely packed to prevent injury to handlers and screeners:

Knives	Swords	Martial Arts weapons
Box cutter	Spears	Licensed firearms

As per directives from the Regulatory Authority of Indonesia, weapons and ammunition can be placed onboard the aircraft only in a special compartment designed for carriage of weapons and ammunition. Accordingly, the weapon will be segregated from the registered baggage and will be placed separately in the weapon compartment in case you are traveling on an Bombardier Dash-8-Q aircraft.

To comply with the requirement of the regulatory authority, a special compartment measuring 09″ wide, 30″ in height and 04″ in depth has been provided onboard the Bombardier Dash-8-Q aircraft . Only weapons that fit into this special compartment shall be accepted for carriage on the Bombardier Dash-8-Q aircraft. Weapon holders are requested to confirm the type of aircraft and the size of weapon at the time of ticket booking.

Note: On domestic sectors we will levy a charge USD 100 per fire arm, air gun and or ammunition (up to 50 rounds) per guest towards additional services provided during handling and carriage of fire arms, air gun(s) or ammunition in their registered baggage.

On international sectors guests will be charged USD 150 for the additional service provided during handling and carriage of fire arm(s), air gun(s) or ammunition in their registered baggage.
The following personnel are exempted and will not be charged the mentioned fee provided they fulfill the conditions as specified:

Serving personnel from Indonesian Defence forces, Para military forces and Police if travelling on duty and carrying an official movement order issued by their concerned department authorizing the carriage of weapon and or ammunition for official purpose.

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