GENERAL CONDITIONS OF CARGO CARIAGE

Vietnam Airlines strongly encourage you to read this document and to seek any necessary clarification from us prior to making your booking. Please note that upon completing the booking, you will be assumed to have read, understood and accepted these General Conditions of Cargo Carriage.

CHAPTER I: GENERAL PROVISION

ARTICLE 1. PURPOSES

These Conditions are issued for the purposes as follows:

1.1. They are a basic legal framework governing relationship and operation of cargo transport on flights of Vietnam Airlines JSC, herein after as the Carrier;

1.2. They are the basis for the Carrier to issue regulations and instructions of cargo transport performance on flights of the Carrier.

ARTICLE 2. SCOPE

2.1 These Conditions apply to cargo transport on flights of the Carrier.

In case cargo transports on flights of other carrier, the general conditions of that carrier shall be applicable.

2.2 The Carrier reserves the right to exclude the application of all or any part of these Conditions to gratuitous transport.

2.3 With respect to cargo transport pursuant to a Charter Agreement:

2.3.1. These Conditions shall apply to such agreement, where the Carrier has no charter tariff applicable to such Charter Agreement, except that the Carrier reserves the right to exclude the application of all or any part of these Conditions.

2.3.2. These Conditions shall not apply to cargo transported on charter flights subjected to the Carrier’s charter tariffs applicable thereto (if any) except to the extent provided in said charter tariff.

2.3.3 In case of divergence between these Conditions and any terms and conditions specified under a Charter Agreement, the latter shall prevail and the shipper, by accepting transport pursuant to a Charter Agreement, agrees to be bound by the applicable terms thereof.

ARTICLE3. SUBJECTS

3.1. Vietnamese organizations and individuals; foreign organizations and individuals, herein after as “organizations and individuals” having demand to transport cargo and providing related services.

3.2. Offices and units under the Carrier.

ARTICLE 4. DEFINITION

In these Conditions, following terms can be understood as explained below:

4.1. Conditions: General Conditions of cargo carriage of Vietnam Airlines JSC.

4.2. The Carrier: Vietnam Airlines JSC.

4.3. Offices: Corporate Affairs, Departments and equivalent ones of Vietnam Airlines JSC.

4.4. Units: subsidiaries, branches, representative offices and other units in the structure of Vietnam Airlines JSC.

4.5. Transport: Carriage of cargo by air or by another means, whether gratuitously or for reward.

4.6. Agent: Except when the context otherwise requires, any person or organization to act for or on behalf of the Carrier in relation to the transport of cargo following the agent agreement or being authorised by the Carrier, unless that person is acting as the shipper with respect to a shipment governed by these Conditions.

4.7. Shipper: The person whose name appears on the air waybill, as the party contracting with the Carrier for transport of cargo.

4.8. Consignee: The person whose name appears on the air waybill, as the party to whom the shipment is to be delivered by the Carrier.

4.9. Cargo: Any property that is transported or is to be transported in the cargo holds of aircraft under an air waybill other than mails, baggage and properties of the Carrier. However, baggage being transported under an air waybill is cargo.

4.10. Shipment: Except as otherwise provided herein, one or more packages, or bundles of cargo accepted by the Carrier from one the shipper at one time and at one address, receipted for in one lot and under a single air waybill, for transport to one the consignee at one destination address.

4.11. Contract of carriage is an agreement between the Carrier and the shipper, in which the Carrier is obliged to transport cargo to the specified destination and deliver cargo to the consignee, the shipper shall pay the service prices.

Air waybill, other written agreement between the Carrier and the shipper, these Conditions, the air cargo tariff are documents of the cargo contract of carriage.

4.12. Air waybill: The cargo transport document which evidences the contract between the shipper and the Carrier for transport of cargo and evidences cargo acceptance and contract conditions. An electronic air waybill has the same validity and effect as a paper air waybill.

4.13. Shipment Record: Any record of the contract of carriage preserved by the Carrier, including the set of electronic data describing the cargo stored in the Carrier’s database and is the appearance form of electronic air waybill. Shipment record should be accessed and used for reference when necessary.

4.14. Cargo Receipt: A document (either in paper form or electronic form) provided to the shipper by the Carrier permits identification of the shipment that has been accepted and deemed “ready for carriage” in case of using E-AWB.

4.15. Conventions, unless the context requires otherwise, conventions applied to the contract of carriage:

4.15.1. The Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (Warsaw Convention);

4.15.2. The Warsaw Convention as amended at The Hague on 28 September 1955;

4.15.3. Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Montreal on 28 May 1999.

4.16. Chargeable weight: Chargeable weight can be either gross weight or volume weight of the shipment, whichever is higher, provided that where a lower charge for a higher minimum weight applies, the latter shall be retained as chargeable weight.

4.17. Total service price (hereinafter referred to as charge): is total amount of money that the shipper must pay to the Carriers when using their air cargo transportation services

4.18. Pick-up service: The surface transport 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 surface transport between airports.

4.19. Delivery service: The surface transport 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.

4.20. Days: Full calendar days, including Sundays and legal holidays.

4.21. EDI: abbreviation of Electronic Data Interchange which is understood as the exchange of data by electronic.

4.22. SDR: means a Special Drawing Right as defined by the International Monetary Fund (IMF). It is an international unit of account based upon the values of several leading currencies. The currency values of the SDR fluctuate and are re-calculated each banking day. These values are known to most commercial banks and are reported regularly in leading financial journals as well as the website of the IMF (www.imf.org).

4.23. SLI: abbreviation of Shipper’s Letter of Instruction which is a document containing instructions given by the shipper or his agent for preparation of documents and forwarding.

4.24. ULD: abbreviation of Unit Load Device of aircraft including containers, igloos, pallets.

4.25. PP: abbreviation of Prepaid, means a payment method that the shipper pays in the country of commencement of transportation weight charge and valuation charge as well as other charge at the time of acceptance thereof by the Carrier.

4.26. CC: abbreviation of Charge Collect, means a payment method that the consignee pays weight charge and valuation charge as well as other charge at the time of delivery thereof by the Carrier.

4.27. Authority: is the government agency, the specialised agencies or the authorised organizations/individuals.

4.28. Damage: means the destruction or the total or partial loss of, or damage to cargo upon condition only that the event which caused the damage sustained took place during the carriage by air. Additionally, it means damage occasioned by delay in the carriage by air of cargo.

4.29. The Carrier’s website is vietnamairlines.com

CHAPTER II: ACCEPTANCE

ARTICLE 5. CARGO ACCEPTANCE

5.1. The Carrier undertakes to transport shipments, subject to their availability of suitable equipment and capacity. Cargo acceptance shall comply with the Carrier’s regulations and the following requirements:

5.1.1. The transport thereof is not prohibited by the Vietnamese laws or regulations of any authority to be flown from, to or over.

5.1.2 The shipment is packed, marked, labelled in a manner suitable for carriage by air proclaimed on the Carrier’s website.

5.1.3. The shipment is accompanied by requisite shipping documents.

5.1.4 The shipment is not likely to endanger aircraft, properties, persons and other shipments.

5.2. The Carrier reserves the right without assuming any liability to refuse transport of cargo in the following circumstances:

5.2.1. The Carrier defines not having abilities to transport due to security, safety, operation or other reasons; or

5.2.2. The shipper do not comply these conditions.

ARTICLE 6. VALUATION LIMIT OF SHIPMENT

The Carrier has the right to refuse transport of shipments or groups of shipments having a declared value for carriage in excess of USD 2,000,000 or equivalent in one flight.

ARTICLE 7. PACKING, MARKING AND LABELLING

7.1. The shipper is responsible for ensuring that the cargo is packed, marked, labelled in an appropriate way for transport, including the following:

7.1.1. The shipment shall be safely transported with ordinary care in handling.

7.1.2. The shipment shall be protected from normal weather conditions such as rain, wind, heat and cold.

7.1.3. The shipment shall not injure or damage any persons, animals, goods or property.

7.1.4. Each piece of the shipment shall be legibly and durably marked with the name and full address of the shipper and the consignee.

7.1.5. Each piece of the shipment shall be attached with cargo identification labels and special cargo labels (when sending special cargo) as required by the Carrier subject to each type of cargo.

7.2. Packages of valuable cargo shall be strongly packed and sealed if so requested by the Carrier.

7.3. The Carrier is under no obligation to note or be aware of any information in consolidated or pre-packed shipments.

7.4. The Carrier reserves the right to refuse the transport of shipments that is not properly packed, labelled or marked.

ARTICLE 8. SPECIAL CARGO ACCEPTANCE

8.1. Special cargo including but not limited to valuable cargo, dangerous goods, live animals, perishable cargo, fragile cargo, human remains is accepted only under the conditions set forth in regulations of the Carrier proclaimed on the Carrier’s website and of the concerned authority applicable to the transport of such cargo.

8.2. For dangerous goods, the shipper is responsible for ensuring nature of goods to comply with regulations of the Carrier and concerned authority. During the transport, if the shipment is found to be dangerous, the Carrier reserves the right to request the shipper to provide more document as regulation to transport continuously, retain, destroy or dispose the shipment without compensation to the shipper and at the sole cost of the shipper.

8.3. If the shipper violates the regulation of dangerous goods declaration, cargo prohibited to transport as related country’s regulation his violation will be treated in accordance with the related government and the Carrier’s regulations:

8.3.1. The Carrier can temporarily stop transport of that the shipper’s cargo within a time period and inform him of such decision;

8.3.2. After taking an audit of that the shipper’s corrective actions, the Carrier will make decision of recovering transport of that the shipper’s cargo;

8.3.3. The shipper is liable for any arising fee/charge, loss or damage arising from his violation in declaration to the Carrier and the third party.

8.4. Special cargo shall be packed and sufficiently documented in accordance with the Carrier’s special cargo handling procedures which are incorporated and form part of these Conditions. In case such shipment is damaged for any reason, the Carrier in its sole discretion may take actions as it deems appropriate.

8.5. Responsibility for non-observance of conditions relating to the transport of special cargo rests upon the shipper who shall indemnify the Carrier for any loss, damage, delay or penalties the Carrier may incur because of the transport of such cargo.

ARTICLE 9. LOADING BY SHIPPER

When the shipper undertakes to load cargo into ULDs, he shall comply with the Carrier’s loading instructions. The loading must be done by worker who is having loading certification. The shipper shall be liable for and indemnify the Carrier against all consequences of any non-compliance with such instructions.

CHAPTER III: DOCUMENTATION

ARTICLE 10. AIR WAYBILL

10.1. Purposes of air waybill issuance are as follows:

10.1.1. Proof of contract of carriage;

10.1.2. Proof of cargo delivery;

10.1.3. Instructions of cargo handling, transport and delivery.

10.2. Paper air waybill:

10.2.1. Air waybill is made in the form, manner and number of copies (excluded 03 originals) prescribed by the Carrier. In case the shipper make out or have made out on his behalf, such air waybill shall be delivered to the Carrier simultaneously with cargo acceptance by the Carrier.

10.2.2. Contract of carriage is effective as soon as parties sign in paper air waybill. The parties include: the Carrier or the agent appointed by the issuing the Carrier and the shipper or his representative.

10.2.3. Contract of carriage is invalid when the shipment is delivered to the consignee or his authorised agent named in paper air waybill.

10.3. Electronic air waybill:

10.3.1. The Carrier can issue electronic air waybill instead of paper air waybill. In such case the Carrier shall deliver to the shipper a cargo receipt for the cargo.

10.3.2. Contract of carriage is effective as soon as cargo receipt provided to the shipper.

10.3.3 Contract of carriage is invalid when the shipment is delivered to the consignee or his authorised agent named in shipment record.

ARTICLE 11. ACCOMPANIED DOCUMENTS

11.1. Subject to each type of cargo, routing and concerning authorities’ requirements in cargo control (if available), each shipment is required to be accompanied by different documents for transportation, customs clearance and include but not limited to house air waybill issued by the forwarder. Documents not necessary for transport and customs declaration are not permitted to accompany.

11.2. Accompanied documents shall be ensured to meet authorities’ requirements in origin, transit and destination in shipment’s routing.

11.3. The shipper is responsible for preparing shipment’s documents in accordance with export, import and transit requirements of concerning authority in shipment’s routing.

ARTICLE 12. PREPARATION, CORRECTION AND COMPLETION OF SHIPMENT’S DOCUMENTS

12.1. The shipper can authorise the Carrier to make out air waybill on his behalf on the basis of information provided by him by means of SLI. If paper air waybill is handed over with cargo, or shipment record is completed, or if particulars and statements relating to the cargo furnished by or on behalf of the shipper to the Carrier for insertion in air waybill do not contain all the required particulars, or if the air waybill or such particulars or statements contain any error, the Carrier is authorised to complete or correct the air waybill or particulars or statements to the best of the Carrier’s ability without being under any obligation to do so.

12.2. The shipper is responsible for correctness of particulars and statements relating to the cargo inserted by him or on his behalf in air waybill or furnished by him or on his behalf to the Carrier for making air waybill. Where such information is provided by means of EDI, it is the responsibility of the shipper or his authorisation to verify contents, accuracy and completeness of EDI messages according to the agreed standards and specifications. The shipper shall indemnify the Carrier against all damages suffered by him or by any other person to whom the Carrier is liable, by reason of his provision of incorrect and incomplete particulars and statements according to this conditions.

CHAPTER IV: TRANSPORT SERVICE PRICES

ARTICLE 13. GENERAL

13.1. Service price is the amount of money charged by the Carrier for transport of a unit of cargo.

13.2. Applied service price is the service price effective on the day of issuing air waybill. Service price is subject to rules and conditions published in the Carrier’s regulations and service price tariffs.

13.3. Charge is the amount of money paid for transport of the shipment or related services.

13.4. Charge is calculated by the following methods:

13.4.1. For shipments of weighing unit rate, applied rate is multiplied by chargeable weight; or

13.4.2. For shipments of ULD rate, applied service price is multiplied by numbers of used ULDs.

ARTICLE 14. SERVICES EXCLUDED FROM TRANSPORT SERVICE PRICES

14.1. Published service prices only includes service prices of transport cargo among airports or nearest airports in published tariff.

14.2. Except as otherwise provided in the Carrier’s regulations, published service prices excludes ancillary services such as:

14.2.1. Picking up and delivery service prices;

14.2.2. Storage charge and facility service prices;

14.2.3. Service prices of cash collection on delivery

14.2.4. Disbursement service prices;

14.2.5. Customs clearance service prices;

14.2.6. Service prices of penalty payment or collection for authorities including tax;

14.2.7. Service prices of cargo repacking;

14.2.8. Trucking service prices (as agreed);

14.2.9. Other service prices and surcharges.

ARTICLE 15. VALUATION CHARGE

15.1. The shipper can make a declaration of value transport on the condition that the declared value is not more than the value set forth in Article 6 of these Conditions. The shipper shall pay valuation charge for doing so.

15.2. Valuation charge of a shipment is calculated on the basis of some percentage of the value which is over liability limit of the Carrier for the shipment. Declared value is applied to the actual weight of the shipment.

15.3. Value declaration of one or some parts of shipments is not accepted by the Carrier.

CHAPTER V: PAYMENT OF CHARGES

ARTICLE 16. GENERAL

16.1. Weight charge and valuation charge as well as other arisen charges are paid by the shipper as PP or CC form.

16.2. Weight charge and valuation charge must be paid totally in PP or CC. Partly PP and partly CC are not accepted.

ARTICLE 17. CHARGE PREPAID

17.1. Shipments are accepted in PP.

17.2. PP charge includes:

17.2.1 Weight charge;

17.2.2. Valuation charge;

17.2.3. Other charges arising prior to departure of the shipment.

17.2.4.Taxes/duties of government or airport authorities in transit, destination which are already known in origin station.

ARTICLE 18. CHARGES COLLECT

18.1. Shipment can be accepted on CC basic payment if the final carrier or the delivery carrier accepts CC, according to the regulations of such carrier or concerned authorities.

18.2. The Carrier reserves the right to refuse shipments on a CC basis to any country where regulations prevent the conversion of funds into other currencies or the transfer of funds to other countries.

18.3. CC is not accepted for some types of cargo as follows:

18.3.1. The shipment is related to persons of legal capability insufficiency,

18.3.2. The consignee’s address is at terminals, hotels, customs or other unclear addresses,

18.3.3. The shipment’s value at destination is lower than charges (such as samples, newspapers, household tools and personal effects),

18.3.4. Perishable cargo, live animals, gift and human remains.

ARTICLE 19. PAYMENT OF CHARGE

19.1. Service prices are published in the currency shown in the applicable service price tariffs, and may be paid in any currency acceptable to the Carrier. When payment is made in a currency other than in the currency in which the service price or charge is published, such payment will be made at the rate of exchange established by the Carrier, the current statement of which is available for inspection where payment is made.

19.2. Applicable charges, whether prepaid or collect, payments incurred by the Carrier and any other sums payable to the Carrier, will be deemed fully earned, whether or not the cargo is lost or damaged, or fails to arrive at the destination. All such charges will be due and payable upon receipt of the cargo by the Carrier, except that they may be collected by the Carrier on a CC basis.

19.3. The shipper shall guarantee payment of all unpaid charges collect, advances and disbursements of the Carrier. During the carriage, in case the Carrier discovers shipment prohibited by law, or the illegal, incorrect or insufficient marking, numbering, addressing of packing of packages or description 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, the following actions will be applied:

19.3.1. The Carrier shall have a lien on the cargo.

19.3.2. The shipper shall also guarantee payment of all costs, fines, loss of time, damage and other sums which the Carrier may incur or suffer.

19.3.3. In the event of non-payment as provided in 19.3.2, the Carrier shall have the rights to auction the cargo at public or private sale provided that prior to such sale the Carrier shall have sent written notice thereof to the shipper or to the consignee at the address stated in the air waybill. Such amounts getting from the auction is used for paying arisen sums which the Carrier may suffer. In case the amount from auction is not enough, the shipper and the consignee shall pay that shortage..

19.4. 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, the Carrier shall be entitled to require payment of the charge on such excess.

19.5. The Carrier may cancel transport of the shipment upon refusal by the shipper, after demand by the Carrier, to pay the charges or portion thereof so demanded, without the Carrier being subject to any liability thereof.

CHAPTER VI: RIGHTS AND RESPONSIBILITIES OF SHIPPER

ARTICLE 20. SHIPPER’S RESPONSIBILITIES

20.1. The shipper shall comply with all applicable rules and ’authority’s regulations of origin, destination and transit or overfly countries including requirements on cargo’s illegality, packaging, transport or delivery and provide information and attach documents with the air waybill or cargo receipt in compliance with authority’s requirements. The Carrier is not responsible for checking correctness and sufficiency of information or documents provided by the shipper. The Carrier is not responsible for losses or expenses due to the shipper’s failure to comply with this provision.

20.2. The shipper shall ensure to make payment for all due charges in compliance with the Carrier’s tariff, conditions of carriage and related regulations, effective laws (including national laws implementing conventions), regulations, directives and requirements of governments, unless the Carrier accepts charges collect from the consignee without the shipper’s written agreement.

20.3. The shipper or his representative shall be responsible for correctness of information and related content of the shipment provided by him to complete the air waybill. If such information is provided in EDI, the shipper or his agent is responsible for rechecking content, correctness and completion of information in EDI.

20.4. The shipper shall indemnify the Carrier for any damage that the Carrier suffer or for any other person to whom the Carrier must be liable for due to the shipper’s non-compliance with his commitments.

ARTICLE 21. SHIPPER’S RIGHT OF DISPOSITION

21.1. The right of disposition is only made by the shipper or his appointed agent during the effectiveness of the contract of carriage.

21.2. Instructions as to disposition shall be given by the shipper in writing to the Carrier, in which the shipper guarantees to make payment for all costs arisen from those instructions.

21.3. Subject to his liability to carry out his obligations under contract of carriage, the shipper can use his right of disposition in order to:

21.3.1. Withdraw the shipment at origin station or destination station;

21.3.2. Stop the shipment in the course of the journey on any landing;

21.3.3. Request to deliver the shipment to any person other than the consignee in the air waybill at destination or other points on the journey of the shipment;

21.3.4. Request to return the shipment to origin station.

21.4. The shipper is not allowed to exercise his right of disposition to make loss to the Carrier or other the shippers. If the shipper’s requirements is impossible, the Carrier shall inform the shipper promptly.

21.5. The shipper’s right of disposition shall cease at the moment when the consignee takes possession, or otherwise shows his acceptance of the cargo and payment charges/fees and comply with these regulations. However, if the consignee declines to accept the cargo, or cargo cannot be delivered to the consignee, such right of disposition shall continue to belong to the shipper.

CHAPTER VII: PICK-UP AND DELIVERY

ARTICLE 22. NOTICE OF ARRIVAL

22.1. Notice of arrival is the provision of the shipment’s arrival information to the consignee so that he can arrange to receive the shipment.

22.2. Notice of arrival is the responsibility of the Carrier and is the basis for claim settlement (if any). Immediately after the shipment’s arrival at the airport of destination, notice of arrival in writing or other forms shall be sent to the consignee or his authorised agent.

ARTICLE 23. DELIVERY OF SHIPMENT

23.1. Except as otherwise specifically provided in the air waybill or shipment record, delivery of the shipment will be made only to the consignee or his authorised agent.

23.2. Delivery to the consignee shall be deemed to have been effected when:

23.2.1. The Carrier has delivered the shipment to the consignee or his agent, the shipment is in the consignee’s custody, or

23.2.2. The shipment has been delivered to customs or other government authorities as required by concerned authorities.

ARTICLE 24. PLACE OF DELIVERY

Except for advance arrangement with the Carrier, the consignee shall receive the shipment at destination shown on the air waybill or shipment record or points assigned by the Carrier.

ARTICLE 25. PICK-UP AND DELIVERY SERVICES

25.1. Shipments are accepted at the Carrier’s cargo terminals or offices at origin for transport to destination. Pick-up and delivery are of the consignee’s responsibilities.

25.2. Pick up service and delivery service may be provided by the Carrier at the points that the Carrier publishes according to the agreement between the Carrier and the shipper or the consignee prior shipment’s arrival at the airport of destination. The Carrier publishes the service prices and charges for such services.

25.3. The Carrier can authorise trucking companies or cargo handling companies to perform picking up and delivery services.

ARTICLE 26. NON-DELIVERY

26.1. General:

26.1.1. If the consignee refuses to receive the shipment or the shipment cannot be delivered, the Carrier will endeavour to comply with the shipper’s instructions shown on SLI or air waybill or shipment record. If such instructions are not so set forth or cannot reasonably by complied with, the Carrier can, after notifying the shipper, take some measures as follows:

26.1.1.1. Returning the shipment to origin or waiting for next instructions from the shipper or,

26.1.1.2. Destroying the shipment or selling a part, some parts or the whole of the shipment after a definite period of time of retaining such shipment in accordance with effective regulations of concerned authorities. Destroying or auctioning shipment shall comply with the effective regulations of the concerned authorities.

26.1.2. The shipper is responsible for all costs arisen from the consignee’s refusal to take delivery or non-delivery, including costs of preserving, returning the shipment to origin, destroying or sale shipment and any other concerning cost.

26.1.3. In case of auction, the Carrier has the right to recover all cost and charges provided mentioned in the article 26.1.2 and all cost relating to the carriage that the shipper do not make payment before refunding to the shipper.

26.2. When a shipment containing perishable articles is delayed, or is refused by consignee at place of delivery, or for other reasons is damaged or threatened with deterioration, the Carrier reserves the right to immediately take necessary steps as it sees fit for the protection of all concerned parties in interest, including the destruction or abandonment of all or any part of the shipment, or auction the cargo at public or private sale without notice to shipper. After the steps, carrier inform to shipper arisen costs and shipper is responsible to pay that amount to carrier.

ARTICLE 27. RESPONSIBILITIES OF MAKING PAYMENT OF ARISEN COSTS

27.1. The consignee is responsible for making payment of costs arising at the airport of destination to the Carrier even when the shipment is damaged or partly lost. The shipper is responsible for making payment of such costs in case the consignee refuses to do so.

27.2. The Carrier make delivery of the shipment upon condition of payment all arisen costs and charges.

CHAPTER VIII: LIABILITY LIMITATIONS OF CARRIER

ARTICLE 28. THE CARRIER’S LIABILITIES

28.1. The Carrier is liable to the shipper and the consignee or their authorised persons for damages sustained in the event of destruction or loss of, or damage to, or delay in the transport of cargo. The Carrier is not liable if the destruction, loss of or damage to cargo resulted from one or more reasons below:

28.1.1. The inherent defect, quality or nature of the cargo.

28.1.2. Packing mistake caused by a person who is not the Carrier or the Carrier’s staff or agent.

28.1.3. War or armed conflict.

28.1.4. Actions from concerned country’s authority relating to export, import or transit cargo.

28.2. The Carrier is not liable in any event for any loss when it fully performs all its duties in compliance with these Conditions and concerning rules and regulations, whether or not it is aware of that such loss, deficiency and damage might be incurred.

28.3. The Carrier is wholly or partly exonerated from liability to the claimant if the loss, deficiency and damage of cargo caused by negligence, carelessness, omission and illegal acts of claimant or person from whom claimant has his own right.

28.4. The Carrier reserves the right to examine packaging and content of all shipments and to enquire into the correctness or sufficiency of information or documents tendered in respect of any shipment. However, the Carrier shall be under no obligation to do so. And under no circumstances is the Carrier responsible for any direct or indirect loss due to such action of its examination of packaging and content of shipments.

The Carrier is exonerated from liability to the costs arisen as shipper do not comply to provide cargo information ruled as these Conditions.

28.5. The Carrier shall not be liable for refusing to carry any shipment if he determines that such refusal is required by any applicable laws, government regulations or requirements.

28.6. The Carrier has the right to require the shipper, owner and the consignee to indemnify him if their property causes damage to or destruction of another shipment or of the property of the Carrier, and to indemnify him for all losses and expenses incurred by the Carrier.

28.7. The Carrier’s liability for the shipment is set from the time when the shipper finishes cargo sending procedures till the time when the Carrier delivers the shipment to person entitled to delivery.

In case a shipment transfers to other carriers, such liability is set by applicable law, unless this Conditions provides other provisions on its conditions of carriage.

ARTICLE 29. THE CARRIER’S LIABILITY LIMITATION

29.1. The limitation of the Carrier’s liability due to loss, deficiency, damage or delay shall comply with the provisions of the Convention. If the shipper makes a declaration of value for carriage and pays valuation charge, the Carrier will indemnify to the shipper for such payment, unless the Carrier proves that declared value is more than actual value of the shipment delivered at the airport of destination. All claims shall be subject to the contract of carriage and proof of value .

29.2. In case of loss, deficiency or delay of part of the shipment or any object contained therein, the weight to be taken into consideration in determining the amount to which the Carrier’s liability is limited shall be only the weight of the package or packages concerned.

29.3. Whenever the liability of the Carrier is excluded or limited under these Conditions, such exclusion or limitation shall apply to agents, servants or representatives of the Carrier.

29.4. The Carrier is not liable for cargo damage due to delay if the Carrier prove that the Carrier and his representative implement all actions that are requested reasonably to prevent damage or the Carrier and his representative cannot implement that actions.

CHAPTER IX: LIMITATIONS ON CLAMS AND ACTIONS

ARTICLE 30. CLAIM NOTIFICATION

30.1. The Carrier only accepts claim letters from the consignee or the shipper (when being authorised by the consignee, when the consignee refuses to receive shipment or when the Carrier cannot contact the consignee or when the Carrier confirms the total loss of the shipment) or legal inheritor, person being authorised by these persons.

30.2. All claims are made in writing and sent to the Carrier within a period of time as follows:

30.2.1. In the case of damage of cargo: within 14 days from the date of receipt of the shipment;

30.2.2. In the case of delay: within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery;

30.2.3. In the case of loss of cargo: within 120 days from the date of issuance of the air waybill or shipment record.

ARTICLE 31. LIMITATION ON ACTIONS

The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date when the transport stopped, subject to which time is the latest.

CHAPTER X: IMPLEMENTATION

ARTICLE 32. IMPLEMENTATION

32.1. Any modification in these Conditions shall be registered with authority and publish on website as soon as authority approves.

32.2. No agent, servant or representative of the Carrier has authority to alter, modify or waive any provision of contracts of carriage or of these Conditions.

32.3. Insofar as any provision contained or referred to in these Conditions may be contrary to Vietnam’s law or conventions that Vietnam is a member, provisions of such law or conventions shall be applicable. The invalidity of any provision shall not affect any other provisions.

32.4. Based on these Conditions, the Carrier can issue regulations and instructions. Such regulations and instructions shall ensure to be in compliance with these Conditions. In case there is any difference between these Conditions and other regulations of the Carrier, these Conditions shall be applicable except otherwise stipulated in these Conditions.

32.5. These Conditions shall be effective after authority approve and applied to contracts of carriage since December 28th, 2019.

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GENERAL CONDITIONS OF CARGO CARIAGE