Current Situation
Xiamen Airlines has been conducting cargo business since 1984. Apart from our own business, we also handle cargo operations for China Southern Airlines, Hebei Airlines and Jiangxi Airlines.
Up to May, 2017, Xiamen Airlines operates 156 domestic routes, 16 regional routes and 36 international routes (including 7 intercontinental routes), and flies more than 3000 flights each week with a fleet of 168 aircraft. Basing in Xiamen, Fuzhou, Quanzhou, Hangzhou, Beijing, Tianjin and Changsha, our network covers major cities in China, extends to Southeast Asia and Northeast Asia, and connects to Europe, America and Oceania.
Xiamen Airlines currently has three warehouses in Xiamen, Fuzhou and Hangzhou. And the handling capacity of Xiamen has reached 120,000 tons per year. Since 2005, Xiamen Airlines has transported a grand total of 1.91million tons of cargo and mail, maintaining a steady growth every year. During the 12thFive-year Plan, our average annual growth of transport volume reached 6.1% and our earnings rose by 8.7% annually, way above the industry average.
Transport Volume of Xiamen Airlines between 2005 and 2016
Honors
Committed to constantly improving our logistics service system, we pull together to provide effective, comprehensive and high-quality services featuring “Excellence, Respect, Detail and Beauty” to every customer. Because of this, we gradually win more and more recognition and thus have been awarded prizes including “One of the Best Aviation Logistics Companies in China” “Best Customer Service Provider” “Top 100 Logistics Enterprises in China” and so on.
Strategy and Vision
Xiamen Airlines will never stop progressing and will keep pace with the latest development of the industry even though the way forward is full of twists and turns. We are dedicated to improving our services and products through marketing-mode transformation and operation system innovation. Now, Xiamen Airlines Cargo is upgrading from a traditional air cargo carrier to a comprehensive logistics service provider. The vision to “be an internationally recognized brand name airline, to make the Airline a preferred choice for customers and to become a top class airline in the Asia-Pacific region” will definitely be fulfilled in the near future and there will come the day when this egret finally goes up with the wind, and soars into the highest sky.
1. The consignee shall present introduction letter affixed with the employer’s official seal and a valid ID card to pick up the bill of lading and then complete procedures including animal and plant quarantine, health quarantine, customs clearance and acceptance inspection.
2. After customs clearance, the recipient shall complete the cargo collection formalities at the international cargo service counter. The recipient shall submit an authorization letter of the addressed enterprise, and make out the correct name, valid ID card number in the original of the air waybill, and pay any required fees, such as storage fees.
3. The cargo is exempt from custody fees if it is picked up within three days after the arrival notice is sent. If the shipper fails to collect the cargo within the free period, an overdue custody fee will be charged according to civil aviation regulations.
4. If the cargo recipient has any concerns about the external packaging and/or weight of the cargo at the time of collection, he or she shall propose a verification or re-measurement of the weight on site.
5. If you have questions about these instructions or need special assistance with your cargo, please contact the inquiry office.
1. If the consignee is an enterprise, an institution or a group of people, the consignee’s valid identity document and an introduction letter affixed with the consignee’s name, expiration date and the official seal of the enterprise, the institution or the group shall be provided. The name on the consignee’s valid identity document shall be identical with the one in the introduction letter.
2. If the consignee is an individual, the consignee’s own valid identity document shall be provided. If the consignee assigns another person to pick up the cargo, both the consignee’s and the assignee’s valid identity documents shall be provided.
3. If the consignee of air waybill contains names of both a company and an individual, cargo collection procedures shall be conducted in accordance with Term 1 and 2.
4. Identity documents refer to resident ID cards, passports, certificates of officers, certificates of police officers, certificates of soldiers, certificates of civilian soldiers, residence booklet.
5. Companies who signed delivery agreement with Cargo Department of Xiamen Airlines shall present attorney’s letter and appoint a designated person to pick up cargo with valid identity documents.
6. Companies with a long-term letter of introduction shall pick up cargo with valid identity documents of the designed persons introduced in the letter.
7. The consignee shall provide a letter of introduction issued by his employer or other valid proof documents if required by the carrier or its agent.
8. Freight charges and other fees for freight collect cargo shall be paid according to relevant conditions before delivery.
9. According to the document of Fujian Provincial Price Bureau (No. 474, 2013), terminal handling charges, cargo handling charges and outbound cargo refrigeration storage fees shall be paid accordingly. Storage fees shall be paid for cargo delivered after the free storage period according to the Document of Financial Department, CAAC (197, No.146).
10. The consignee shall check external packaging and confirm pieces of shipment during cargo delivery process. If the consignee raises no objection and sign on the air waybill, it will be deemed as preliminary evidence suggesting that the cargo has been delivered without fault and in accordance with the contract of carriage.
11. If no one picks up the cargo 60 days after the arrival notice is sent and no handling suggestion of the shipper is received, the cargo shall be handled as undelivered goods. Undelivered goods shall be handled in accordance with relevant cargo consignment conditions.
12. In the event that cargo is detained by related departments of the government or waiting to be handled in the warehouse of Xiamen Airlines due to violation of relevant regulations, the consignee or the shipper shall pay for storage fees and other related expenses.
I Restrictions
1. Reptiles (such as snakes/scorpions), rodent (such as marmots/morbid), insects (such as bees), and smelly animals are forbidden on Xiamen Airlines flights.
2. Live poultry and animal seedlings are forbidden on Xiamen Airlines flights.
3. Ferocious beasts that may hurt people, damage facility, endanger flight or affect flight (big dogs such as Tibetan Mastiff ) are forbidden on Xiamen Airlines flights. Police dogs for official use can be delivered with certificate.
4. Xiamen Airlines does not deliver pets that has owners (Except for small pets under 5 kilograms which are fed in batch for commercial use)
II Transport and package requirements
1. The shipper shall provide quarantine certificate and immune injection certificate issued by county (and above) quarantine agencies.
2. The shipper should contact the carrier and confirm booking before consignment. The shipper shall declare cargo item and fill out Live Animal Consignment Certificate.
3. The package of live animals shall be firm, easy to load and unload as well as conforming to the animals’ nature and requirements of air transportation, preventing the animals from damaging, escaping and reaching outside. The container shall be attached with fiber net whose meshes are smaller than animals’ head in case of their escaping when the container is accidentally broken. There shall be facilities to prevent leaking of animal excrements from their excretory organs to the bottom of the package; the package shall also be well ventilated to prevent suffocation of the animals; the outer packing shall mark methods of care and points of attention during transport;
4. Other items please refer to PRC National Standard General requirements of live animals package for air transportation (GB/T26543-2011, Xiamen Airlines General Conditions of Domestic Carriage for Cargo) and related rules of aviation industry
1. General cargo will be free for storage for 3 days after issuing arrival notice. As for split shipment, 3 days’ free storage starts after issuing arrival notice for the last piece of the shipment. The carrier shall charge storage fees for delayed pick-up for RMB0.1 per kilogram per day. Storage period less than 1 day shall be calculated as 1 day. Minimum storage charge for one AWB is RMB 5.
2. Valuable goods will be free for storage on the arrival day. The carrier shall charge storage fees for delayed pick-up for RMB5.0 per kilogram per day. Storage period less than 1 day shall be calculated as 1 day. Minimum storage charge for one AWB is RMB 50.
3. Dangerous goods will be free for storage for 3 days after issuing arrival notice. The carrier shall charge storage fees for delayed pick-up for RMB5.0 per kilogram per day. Storage period less than 1 day shall be calculated as 1 day. Minimum storage charge for one AWB is RMB 10.
4. International inbound goods, perishable goods and other cargo that need to be refrigerated will be free for storage for 12 hours after arrival. The carrier shall charge storage fees of RMB0.5 per kilogram per day for delayed pick-up. Storage period less than 1 day shall be calculated as 1 day. Minimum storage charge for one AWB is RMB 10.
1. When consigning cargo, the shipper shall fill out Shipper’s Letter of Instruction and present his own ID card or other valid identity documents. The shipper shall provide introduction letter affixed with the employer’s official seal or other valid documents concerned with the cargo consigned if necessary. To consign international cargo, the shipper shall ensure that the consignment complies with all the laws, regulations and decrees of the countries of origin, transit and destination and meets the requirements of relevant airlines. The shipper or his agent shall complete all outbound cargo procedures required by customs, health inspection and quarantine agencies before consignment.
2. The flight and date shall be reserved in advanced when consigning fresh and perishable cargo, live animals, urgent cargo and cargo with restricted time requirement. The shipper shall come to Cargo Department of Xiamen Airlines at the appointed time to conduct consignment procedures.
3. Requisite effective certificates shall be attached for cargo with government restrictions for carriage and those that have to go through public security procedures and quarantine inspection etc.
4. The shipper shall be responsible for the correctness of declaration and description of cargo, and sign or seal the SLI. A detailed list of goods should be attached if the nature of goods is not fully elaborated on the SLI.
5. Separate SLIs shall be prepared for goods that cannot be transported together due to different transport conditions and characteristics.
6. To ensure air transport safety, Xiamen Airlines reserves the right to conduct safety inspections of all accepted cargo.
1. Cargo shall be packed in such a way so as to prevent damage, dispersion or leakage of the cargo and damage or contamination to the aircraft or other cargo items during the course of carriage. For precision goods, fragile goods, goods sensitive to shock and pressure, or goods that must be transported upright, appropriate packing measures must be taken to prevent any damage to the goods. Using straw bags or straw ropes to pack or secure the goods is strictly prohibited.
2. The shipper shall stick or hang carrier’s transport tags and labels onto the external package of each single piece of the shipment.
3. If an old package is reused, all old tags and labels on the external package must be removed.
4. Packages for special cargo of live animals, fresh and perishable cargo, valuables and dangerous goods etc. shall comply with carrier’s specific consignment requirements for such kinds.
5. Cargo packaging shall not contain any prohibited or restricted goods, hazardous substances, valuables, confidential documents and/or data.
6. The carrier is not responsible for checking whether the internal packaging of the consigned cargo meets the requirements.
The cargo weight is measured by gross weight. The unit of measurement is kilogram. The mantissa shall be rounded up. Weight of an air waybill less than 1 kg shall be calculated as 1kg. Weight of valuables shall be calculated with actual gross weight, measurement unit being 0.1 kg. Weight of each cargo on a non-wide-bodied aircraft consigned by the shipper shall generally not exceed 80kgs, while dimension generally not exceed 40*60*100cm. Weight of each cargo carried on a wide-bodied aircraft shall generally not exceed 250kg, while dimension generally not exceed 100*100*140cm.
For cargo exceeding the above the weight and dimension, the carrier shall make a reservation with the carrier in advance. The sum of length, width and height for each cargo package shall not be less than 40cm. Foam cargo shall be calculated with 6000 cubic centimeters equaling to 1 kg.
For domestic cargo with value exceeding RMB 100.00 per kilogram for gross weight, 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 generally not exceed RMB 500,000. For international cargo with value per kilogram for gross weight over 19 special drawing rights, the shipper may declare the value of the cargo for carriage and pay a value declaration surcharge as required. The limit for the declared value of each Air Waybill shall be USD100,000 or the equivalent amount of other currencies.
If a shipper requests any change to the consigned cargo, the value declaration surcharge is not refundable.
The shipper can purchase air cargo transportation insurance voluntarily.
The shipper shall make out the air waybill. If the carrier makes out the air waybill, which is then signed by the shipper, according to the shipper’s letter of instruction, the carrier shall be deemed to have acted on behalf of the shipper. The shipper shall be responsible for the correctness of cargo declaration and description on the air waybill.
One air waybill shall only have one shipper and one consignee.
When requesting alteration of carriage for cargo already consigned, the shipper shall present the written form of the original shipper’s request, valid personal identification card and the original for the shipper of the air waybill. The cargo for alteration of carriage refers to the entire goods listed on a single air waybill.
If you have any query or cargo needs special handling, please contact our director on duty for further information.
Except as otherwise provided herein, the terms below in Xiamen Airlines General Conditions of Domestic Carriage for Cargo shall have the following meanings:
1.1 “Cargo” means anything carried or to be carried in an aircraft except mail, and baggage carried under a passenger ticket and baggage check
,but includes baggage moving under an air waybill.
1.2 “Domestic Carriage” means any carriage in which, according to the contract of carriage, the place of departure, the place of destination and agreed stopping place(s) are situated in the People’s Republic of China.
1.3 “MF” is the abbreviation of Xiamen Airlines (English name: XiamenAirlinesCo.,Ltd., IATA airline designator code: MF, ICAO airline designator: CXA, IATA accounting code: 731, Website: www.xiamenair.com, www.xiamenair.cn).
1.4 “Shipper’s Letter of Instruction” means the written document filled out by the shipper when consigning cargo which is the documentary evidence to fill out an air waybill.
1.5 “Air Waybill” means the document made out and signed by or on behalf of the shipper which evidences the contract between the shipper and the carrier(s) for carriage of goods over routes of the carrier(s).
1.6 “Shipment” means one or more packages, pieces or bundles of cargo, receipted for under a single air waybill, for carriage to one consignee at one destination address.
1.7 “Carrier” includes the air carrier issuing the air waybill or preserving the shipment record and all carriers that carry or undertake to carry the cargo or to perform any other services related to such air carriage.
1.8 “Agent” means any person or organization authorized to act for or on behalf of the carrier in relation to the carriage of cargo.
1.9 “Shipper” means the person whose name appears on the air waybill, as the party contracting with the carrier for the carriage of cargo.
1.10 “Consignee” means the person whose name appears on the air waybill, as the party to whom the shipment is to be delivered by the carrier.
1.11 “Declared Value” refers to destination value declared to the carrier by the shipper when consigning the cargo.
1.12 “Valuation Charges” means the fee paid by the shipper as required when declaring cargo value to the carrier.
1.13 “Valid Identity Document” means the documents, issued by the government authorities, presented by the shipper or the consignee when consigning or receiving cargo, such as ID card, passport, certificate of officers, certificate of police officers, certificate of soldiers, certificate of civilian soldiers, residence booklet, etc.
1.14 “Days” means full calendar days. A week is comprised of seven days.
1.15 “Special Cargo” refers to cargo that needs special handling during acceptance, storage, warehousing, transport and delivery due to the nature or value of the cargo.
1.16 “Escorted Cargo” refers to cargo that needs the shipper to send escort personnel to take care of and supervise during transport according to the nature of the cargo.
1.17 “Unit Load Devices” means devices used on the aircraft to load cargo, mail and baggage, including all types of pallets, containers and auxiliary equipment.
1.18 “Alteration of Carriage” means the shipper or the carrier completely or partly alters the carriage of the consigned cargo.
1.19 “Cargo Transport Accident Record” means the document showing the unusual conditions of cargo presented by the carrier and recognized by the shipper or the consignee.
1.20 “Low Density Cargo” refers to cargo of which volume exceeds 6000cm3/kg.
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1.21 “Loss” refers to the loss, damage, shortage, deterioration or contamination of cargo during transport or when other related service is offered by the carrier.
1.22 “Charterer” means the person who signs a charter carriage agreement with the carrier and charters the carrier’s aircraft for cargo transport accordingly.
1.23 “Carrier’s Regulations” refers to effective administrative regulations about cargo transport the carrier published on the day of air waybill issuance, except the carrier’s general conditions of carriage, including effective applicable rate.
1.24 “Packaging” means the operation process to wrap up or fix an article.
1.25 “Package” refers to cargo that has been packed, including outer packing and contents to be carried.
2.1 Except as provided in Para.2.2 to 2.6 of these Conditions, these Conditions shall apply to all domestic carriage of cargo performed by Xiamen Airlines for reward, except specially controlled domestic routes.
2.2 These Conditions also apply to gratuitous carriage except to the extent that Xiamen Airlines has provided otherwise in the conditions, contracts and air waybills of gratuitous carriage.
2.3 With respect to carriage of cargo performed pursuant to a charter contract, these Conditions shall only apply to the conditions contained or referred to in such charter contract and provisions of the air waybill.
2.4 To the extent that any provision contained or referred to herein is contrary to anything contained in any applicable national laws and administrative regulations, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision of these Conditions.
2.5 Except as provided herein, in the event of inconsistency between these Conditions and the provisions contained in the regulations of cargo carriage of Xiamen Airlines, these Conditions shall prevail.
2.6 These Conditions do not apply to carriage of air mail.
3.1 General requirements
3.1.1 The shipper is obligated to comply with all national laws, government regulations, orders and requirements and applicable regulations about cargo packing and shipping of Xiamen Airlines. When necessary, the shipper shall present documents concerned with the cargo to be shipped and be responsible for authenticity and accuracy of the documents presented.
3.1.2 The shipper shall fill out Shipper’s Letter of Instruction, be responsible for correctness of declaration and description of cargo, and sign or seal the SLI. If the loss of the carrier or any other person to whom the carrier is liable is caused by the non-compliance, incorrectness or incompleteness of SLI, the shipper shall bear the compensation responsibility.
3.1.3 The shipper shall satisfy the following requirements when consigning the cargo:
a)Cargo is not banned from transport by national laws;
b)Cargo is packed in a manner suitable for carriage by air;
c)Requisite effective certificates shall be attached, for cargo with government restrictions for carriage and those that have to go through public security procedures and quarantine inspections, etc.;
d)Cargo is not likely to endanger aircraft, persons and property or cause annoyance to passengers.
3.1.4 Unless otherwise agreed, Xiamen Airlines does not carry cargo with declared value exceeding stipulated limit.
3.1.5 The shipper shall conduct different consignment procedures for cargo with different carriage conditions or conflicting natures.
3.2 Cargo packaging
3.2.1 The shipper shall ensure that the packaging of consigned cargo in course of carriage would not be damaged, loose and leaked; and the packaging would not damage and pollute aircraft, equipment and other objects.
3.2.2 The shipper shall use proper materials for internal and external packaging and packaging form which is suitable for air transport in accordance with the nature, weight of cargo and transport environment. Relevant measures shall be taken for delicate, fragile, shock-sensitive, pressure-sensitive, irreversible cargo.
3.2.3 No dangerous goods, goods banned or restricted from transport by government, valuables, confidential papers/data can be concealed in the package.
3.2.4 When the shipper consigns aquatic products and live animals, their packaging standards shall meet civil aviation industry standards of PRC.
3.2.5 Xiamen Airlines passenger or cargo airplanes do not carry cargo packaged with straw bags or enlaced with straw ropes.
3.3 Cargo marking and labeling
3.3.1 Each package must be marked on the outside of the package with the station of departure, destination, the shipper’s and the consignee’s company, name, address and telephone number, etc.
3.3.2 Air transport indication mark(s) shall be affixed to the outside of the package according to the nature of the goods and in the national specified format.
3.3.3 Any used mark(s) and label(s) on the original package shall be removed.
3.3.4 Identification label(s) shall be affixed or attached to each package of the shipper.
3.4 Cargo weighing
3.4.1 The cargo weight is measured by gross weight. The unit of measurement is kilogram. Odd amount less than 1kg shall be rounded off. Weight of an air waybill less than 1kg shall be calculated as 1kg.
3.4.2 Weight of valuables shall be calculated with actual gross weight, measurement unit being 0.1kg.
3.4.3 Low density cargo shall be calculated with 6000 cubic centimeters equaling to 1kg.
3.5 Cargo weight and dimension
3.5.1 Weight of each cargo consigned by the shipper shall generally not exceed 80kg, dimension generally not exceed 40*60*100cm. Weight of each cargo carried by ULDs on a wide-bodied aircraft, a cargo aircraft or other ULD cargo aircraft shall generally not exceed 250kg, dimension generally not exceed 100*100*140cm. For cargo exceeding the above weight and dimension, the carrier shall define the limits of weight and dimension according to routes, aircraft types, and facilities at the airports of departure, transfer and destination.
3.5.2 The sum of length, width and height for each package shall not be less than 40cm. Package dimension shall be calculated with the highest, widest and longest parts, with centimeter as unit and rounding off amount under centimeter.
3.6 Responsibilities of the shipper and the consignee
3.6.1 The shipper shall be liable for consequences caused by cargo consigned in violation of applicable national laws, government regulations, orders and requirements and relevant regulations of Xiamen Airlines.
3.6.2 In the case of cargo consigned by the shipper which does not conform to the description of cargo listed on the air waybill, including: concealing dangerous goods, goods banned or restricted from transport by government, or mistaken/concealed report of cargo nature, Xiamen Airlines shall handle these cases according to the following rules:
a)Cease transport at the station of departure and notify the shipper without returning freight charges;
b)Cease transport at the transfer station and notify the shipper. Freight charges for the actual transported distance shall be re-charged without returning the prepaid freight;
c)Cease transport at the destination station and re-charge the whole course freight;
d)Report to relevant government departments for handling when necessary.
3.6.3 The consignee shall indemnify for any loss of Xiamen Airlines or third party caused by fault of the consignee.
3.6.4 When using ULDs of Xiamen Airlines to load cargo, the shipper shall comply with relevant regulations of Xiamen Airlines, and shall indemnify for any loss caused by the shipper’s violation of these regulations.
3.7Cargo security check
3.7.1 All the consigned cargo shall go through the security check conducted by the carrier and relevant departments. Any cargo that the shipper requires to ship in 24 hours shall be package-open checked or screened.
3.7.2 If necessary, Xiamen Airlines can check the relevant document or even open the package, but has no obligation for checking.
4.1 Type of special cargo
Special cargo includes urgent cargo, biological products (non-hazardous), plants and plant products, live animals, ashes, coffins, dangerous goods, perishable goods, valuable goods, arms and ammunition, escorted cargo, etc.
4.2 Acceptance requirements
Special cargo is acceptable only under the approval of Xiamen Airlines and the flight and date shall be reserved in advance. Special cargo transport shall comply with the regulations of general cargo transport as well as the following relevant regulations.
4.2.1 Urgent cargo
Urgent cargo can be accepted after the shipper obtains consent from Xiamen Airlines and charged accordingly.
4.2.2 Biological products (non-hazardous)
4.2.2.1 Xiamen Airlines shall not transport biological products such as strain and strain medium that are harmful to humans, animals and plants without CAAC approval.
4.2.2.2 The shipper shall provide no-bacteria/non-poisonous certificates of biological products such as vaccine, bacteria, antibiotics, blood serum that are artificially refined and have gone through aseptic processing.
4.2.3 Plants and plant products
Plant Quarantine Certificate issued by plant quarantine agencies of county level or above shall be presented by the shipper for carriage of plants and plant products.
4.2.4 Live animals
a)Carriage of animals shall conform with applicable national regulations. The shipper shall provide quarantine certificate and immune injection certificate issued by county (or above) quarantine agencies. When an animal under national protection is consigned, approval by relevant government departments is required. When an animal within market management is consigned, certificate from the market management agency is required;
b)The shipper shall fill out Live Animal Consignment Certificate;
c)The shipper shall send animal attendants to escort animals that need special care or in large quantity;
d)The package of live animals shall be easy to load and unload as well as conforming with the animals’ nature and requirements of air transportation, preventing the animals from damaging, escaping and reaching outside. The package shall also be well ventilated to prevent suffocation of the animals. There shall be facilities to prevent leaking of animal excrements from their excretory organs to the bottom of the package;
e)The outer packing shall mark methods of care and points for attention during transport;
f)The shipper and the consignee shall consign and pick up the cargo of live animals at airports and be responsible for tending before transport and after arrival;
g)For live animal transport with special requirements, the shipper shall present such requirements to the carrier or provide instructions on the site;
h)Transport restrictions:
1)Except as otherwise provided, Xiamen Airlines shall not use connecting transport for live animals;
2)Xiamen Airlines shall not accept pregnant animals or the animals that will give birth within 72 hours before the start of the journey, unless there is a permission given by relevant departments certifying that there is no risk of birth occurring during the entire journey. However, Xiamen Airlines assumes no responsibility of safe transport for such animals;
4.2.5 Ashes
a)The shipper shall present death certificate issued by hygiene department and cremation certificate issued by funeral and interment department;
b)Ashes shall be packed in a sealed plastic bag or other sealed containers, with wooden outer package, and then wrapped up with cloth.
4.2.6 Coffins
a)The shipper shall present medical death certificate issued by hospital, corpse processing certificate issued by interment management organization, and death certificate issued by notarization organization and transport permit issued by relevant organizations to make consignment;
b)Corpse shall be non-infectious;
c)Corpse has gone through antiseptic process and is within the antiseptic time limit;
d)Corpse shall firstly be put into a thick plastic bag and sealed, then put into a sealed metal box, inside which there is some moisture-absorbing material such as sponge. The metal box shall be welded with zinc so that there are no seams, preventing leaking of smell and liquid. Outside the metal box, a wooden case with loops shall be put for convenient loading/unloading.
4.2.7 Dangerous goods
4.2.7.1 Except Company Materials that are classified as dangerous goods, no dangerous goods which are used for common commercial purposes are allowed to be transported by Xiamen Airlines domestic, regional or international flights. Except the dangerous goods specified in ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284), no dangerous goods are allowed to be transported via baggage and mail.
4.2.7.2 Transport of dangerous goods shall conform to effective ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and Civil Aviation Regulations on the Transport of Dangerous Goods (CCAR-276-R2).
4.2.7.3 Ammunition
Unless approved by the CAAC, Xiamen Airlines does not transport ammunition.
a)Ammunition is specially regulated goods;
b)When the shipper consigns ammunition, permit issued by public security bureau of the county/city where the shipments depart or arrive or approval certificate issued by the national superintendent department, shall be presented;
c)The packaging of ammunition shall be solid and tight with sealing mark;
d)Firearms and ammunition shall be packed separately and transported by different flights.
4.2.8 Perishable goods
a)When consigning live and perishable goods, the shipper shall provide maximum allowed transport time limit and storage instruction and go through consignment procedure in accordance with the appointed place and time. Except otherwise agreed, allowed transport time limit shall not be less than 24 hours (calculated from 2 hours prior to estimated time of departure);
b)Quarantine certificate shall be presented for perishable goods that need to pass quarantine by government regulations;
c)The packaging shall conform with the nature of perishable goods so as not to damage or contaminate airplane, equipment or other objects;
d)For perishable goods that need special tending, the shipper shall provide necessary equipment and designate personnel to escort if necessary;
e)In the process of transporting, keeping and warehousing the perishable goods, relevant fees of protective measures took by the carrier shall be paid by the shipper or the consignee.
4.2.9 Valuable goods
a)Valuable goods include: rare metals such as gold, platinum, iridium, rhodium, palladium and their products; all types of jewels, jades, diamonds, pearls and their products; precious cultural relics (including books, drawings, antique etc.); cash, negotiable securities; and other articles with value above RMB 2000 per kilogram for gross weight;
b)Valuable goods shall be packed in solid and tight boxes with metal packaging tape of “#” shape; there shall be sealing marks at the seams. Paper packaging is not allowed to be used for outer packing.
4.2.10 Firearms
a)Firearms are specially regulated goods;
b)When any type of firearms is consigned, permit issued by public security bureau of the county/city where the shipments depart or arrive or approval certificate issued by the national superintendent department, shall be presented;
c)The packaging of firearms shall be solid and tight with sealing mark.
4.2.11 Escorted cargo
a)The packaging of escorted cargo shall meet the carrier’s requirements of cargo packaging;
b)The escort personnel shall carry out the carrier’s requirements and be liable for safe transport of the cargo. Duties of the escort personnel are as follows:
1)Be responsible for care during stay on ground;
2)Instruct loading/unloading for escorted cargo;
3)Take care of escorted cargo during flight and transit stop;
4)Decide handling method in the case of irregular flight, cargo damage or other accidents.
c)The escort personnel shall buy passenger tickets and go through check-in procedures;
d)The carrier shall assist the escort personnel with the escort task;
e)The label of “escort cargo” shall be stuck on the outer packing of escorted cargo;
f)“Escorted cargo” and escort date, flight number and valid identity card number of the escort personnel shall be filled in the Points for Attention in Storage/Transport of the air waybill.
4.2.12 Except above requirements of Provision 4.2.1 to 4.2.11, the packaging of all special cargo shall meet other requirements of Xiamen Airlines.
4.2.13 The shipper shall consign special cargo in accordance with the appointed place and time.
5.1 Declared value
5.1.1 For cargo with value above RMB 100 per kilogram for gross weight, the shipper may make the declaration for the cargo value. When declaring the cargo value, the shipper shall mark clear the amount of money declared in the column of Declared Value on the air waybill. The shipper shall mark it clear on the air waybill if there is no value to declare.
5.1.2 Declared value refers to total value of a whole consignment. Value declaration for a part of the consignment or different value declarations for one consignment shall not be made.
5.1.3 The shipper shall pay valuation charges after making the value declaration.
5.1.4 Except as otherwise provided, declared value for carriage of each air waybill shall not exceed RMB 500,000.
5.1.5 Before the consigned cargo is shipped, if the shipper requires changing the declared value, the cargo shall be handled as returned cargo, a new air waybill shall be filled out and valuation charges shall not be returned.
5.1.6 The shipper shall not change the declared value for cargo that has been shipped.
5.2 The shipper can purchase air cargo transportation insurance voluntarily.
An air waybill is comprised of eight pages, including three originals and five copies, signed or sealed by the shipper and the carrier. Original 1 shall be for the issuing carrier, Original 2 shall be for the consignee, and Original 3 shall be for the shipper. The three originals shall be of equal legal effect.
6.1 The shipper shall make out the air waybill. According to the shipper’s letter of instruction, if the carrier makes out the air waybill which is then signed by the shipper, the carrier shall be deemed to have acted on behalf of the shipper. The shipper shall be responsible for correctness of cargo declaration and description on the air waybill. If the loss of the carrier or other relevant agencies is caused by the incorrectness of air waybill, the shipper shall bear the compensation responsibility.
6.2 The shipper shall make out different air waybills for cargo with different carriage conditions or conflicting natures.
6.3 One air waybill shall only have one shipper and one consignee.
6.4 Negotiable and altered air waybills shall be regarded as invalid.
6.5 Contract conditions on the air waybill are an overview of some provisions of Xiamen Airlines General Conditions of Domestic Carriage for Cargo.
7.1 Rates
7.1.1 Rate is the amount charged for the air transport of cargo from the airport of departure to the airport of destination.
7.1.2 Except as otherwise provided, special cargo rate shall be calculated on a basis of 150% of general cargo rate.
7.1.3 For a consignment of cargo with different rates, freight charges shall be determined by the higher rate.
7.2 Freight charges and other fees
7.2.1 Freight charges are determined by the applicable rate that the carrier published on the day of air waybill issuance and chargeable weight of cargo, excluding charges of surface transport and other fees between airport and municipal districts and between two airports at the same city. Freight charges are calculated by multiplying the applicable rate (per RMB/kg) by the chargeable weight (kg).
7.2.2 In addition to freight charges, other fees refer to surface transport charge, fuel surcharge, storage fees and commission charge of returned cargo in compliance with the carrier's regulations.
7.2.3 The minimum freight charges for each air waybill are RMB 50.
7.3 Payment of freight charges and other fees
7.3.1 Freight charges and other fees shall be paid in RMB with “yuan” as unit of account by the shipper when consigning the cargo. Each charge shall be accurate to “yuan” and odd amount less than 1 yuan shall be rounded off. Charges occurring in course of carriage or at the destination shall be paid off by the consignee before picking up the cargo.
7.3.2 In addition to the fees that the shipper must pay, the shipper shall bear the loss of the carrier and third party caused by the consignee. The carrier is entitled to detain and dispose the cargo according to law, if the said charges have not been paid off, to get priority to be repaid by converting into money, auctioning and selling off the cargo and the shortfall shall be paid off by the shipper.
7.3.3 Whether any loss of the consigned cargo occurred and whether the consigned cargo failed to be carried to the destination of carriage contract or not, the shipper or the consignee shall pay the carrier for all the expenses caused by acceptance of the cargo for carriage.
7.3.4 If the shipper or the consignee refuses to pay the freight charges or any portion thereof, the carrier will refuse the carriage or the delivery of cargo.
7.4 Adjustments in rates and other fees
When consigning the cargo, the shipper shall pay freight charges in accordance with the applicable rate that the carrier published on the day of air waybill issuance. Rates and other fees of the issued air waybill will not be adjusted if there are adjustments in rates and other fees.
8.1 Urgent cargo and cargo with time limit
8.1.1 The carrier shall transport urgent cargo according to the appointed flight and date by the shipper.
8.1.2 The carrier shall transport cargo with time limit to the destination within the appointed time limit by the shipper.
8.2 According to the cargo nature, the carrier’s transport dispatch sequence shall be as follows:
a)Emergency, disaster relieving, first-aid, diplomatic bag and other government specified urgent goods;
b)Cargo with designated date and flight or accepted as urgent dispatch;
c)Miscellaneous small item with time limit or high value;
d)Transfer or transit cargo;
e)General cargo is dispatched according to the sequence in which it is accepted.
8.3 Transport route
8.3.1 The carrier shall choose cargo transport route following the principles of reasonability and rapidity. However, the carrier assumes no obligation to carry the cargo by any specific aircraft or over any particular route or routes, or to make connections at any place by any specific fight.
8.3.2 For unpredictable or uncontrollable reasons, the carrier shall cancel, divert, postpone, advance or terminate the carriage or part of the carriage without notifying the shipper in advance.
8.3.3 In order to transport cargo to the destination station as soon as possible, the carrier shall deliver cargo to other carriers or carry all or part of the cargo to the destination station by other means of transportation without notifying the shipper in advance.
8.4 Termination of carriage
8.4.1 In the course of carriage, the carrier reserves the right to terminate the carriage of any cargo, if the consignment carries something that is banned from transport by national laws, government regulations, orders or requirements. The shipper shall take responsibility for the result.
8.4.2 The carrier shall accordingly handle the cargo which is likely to endanger aircraft, persons or property because of its natural quality or defective packaging without notice in advance.
9.1 Voluntary alteration
9.1.1 During the period after the acceptance of the consigned cargo by the carrier and before the pick-up of the cargo by the consignee, the shipper is entitled to exercise the right of alteration of carriage.
9.1.2 Voluntary alteration refers to entire or partial alteration of carriage by the carrier due to the reasons of the shipper. Voluntary alteration shall only apply to the cargo listed on a single air waybill.
9.1.3 When requesting alteration of carriage, the shipper shall present the original for the shipper of the air waybill, the shipper’s request in written form and personal identity card. Voluntary alteration shall conform with relevant regulations of these Conditions and shall not do harm to the interests of the carrier or third party, otherwise the carrier will refuse the carriage.
9.1.4 Alteration contents:
a)Withdrawing the cargo at the departure station;
b)Stopping the cargo at any transit station of the flight;
c)Alteration of the destination station;
d)Alteration of the consignee (the altered consignee is the named consignee of the air waybill);
e)Returning the cargo to the departure station.
9.1.5 The carrier shall notify the shipper promptly if the shipper’s alteration request cannot be satisfied.
9.1.6 The shipper shall bear the loss of the carrier or other shippers caused by alteration of carriage and pay for any expenses thereof.
9.2 Involuntary alteration
9.2.1 Involuntary alteration refers to alteration of carriage due to force majeure or the reasons of the carrier. The carrier shall contact the shipper or the consignee in time to discuss handling measures when involuntary alteration happens.
9.2.2 Handling of freight charges according to the rules below in involuntary alteration:
a)Refund total freight charges for returning cargo at the departure station;
b)When the destination station is changed, calculate unused segment freight, check freight from the changed station to the new destination, refund any surplus from the original freight but do not charge any more if insufficient;
c)Refund total freight charges for returning cargo to the departure station from the midway station;
d)Pay for all the expenses if the cargo is carried to the destination station by other means of transportation.
10.1 Notice of arrival
10.1.1 When cargo arrives at the destination station, unless otherwise agreed, the carrier shall send an arrival notice to the consignee in time by phone or in written form, within 2 hours of arrival for urgent cargo and 24 hours for general cargo.
10.1.2 General cargo and dangerous goods will be free for storage for 3 days after the arrival notice is sent. Valuable goods will be free for storage on the arrival day. Live animals, perishable goods and other cargo that need to be refrigerated will be free for storage for 6 hours after arrival. The carrier shall charge storage fees for delayed pick-up according to CAAC relevant regulations.
10.1.3 The carrier shall not be liable if the consignee is unable to receive or has not received the arrival notice in time for reasons not generated by the carrier.
10.2 Pick-up of cargo
10.2.1 The shipper shall pick up cargo at the place appointed by the carrier.
The shipper shall be responsible for notifying the consignee to wait at the airport for live animals, perishable goods or other cargo with designated date and flight.
10.2.2 Unless otherwise agreed, the carrier shall deliver cargo to the consignee on the air waybill appointed by the shipper.
10.2.3 When picking up cargo, the consignee shall present valid identity documents. The carrier assumes no responsibility for the authenticity of such documents. If necessary, the carrier can request the consignee to present documents or certificates relating to cargo transport.
10.2.4 The consignee shall pay off all the expenses before picking up cargo and fulfill conditions of carriage listed on the air waybill.
10.2.5 Upon delivery, if the consignee has discovered loss, shortage, contamination, deterioration, damage or delayed arrival of the cargo, the consignee shall raise an objection to the carrier immediately. The carrier shall write cargo transport accident record and both parties sign and seal the record.
10.2.6 Upon delivery, if the consignee has not raised an objection and sign on the air waybill, it will be deemed as preliminary evidence suggesting that the cargo has been delivered without fault and in accordance with the contract of carriage.
10.2.7 In the event that the carrier hands over cargo to national competent authorities or departments in accordance with applicable national laws, government regulations, orders or requirements, it shall be deemed that the delivery is completed. Under such circumstances, the carrier shall notify the shipper or the consignee.
10.2.8 In the event that cargo is detained or waiting to be handled by related departments of the government for reasons not generated by the carrier, the consignee or the shipper shall pay for storage fees and other related expenses. Under such circumstances, the carrier shall notify the shipper or the consignee.
10.3 Undelivered goods
10.3.1 If no one picks up the cargo or the consignee refuses to accept the cargo within 14 days after the arrival notice is sent, the departure station shall inform the shipper to ask for handling suggestion; if no one picks up the cargo after 60 days and no handling suggestion of the shipper is received, the cargo shall be handled as undelivered goods.
10.3.2 Handling of undelivered goods
a)Any cargo such as goods banned or restricted from transport by government, valuables and precious historical accounts shall be handed over to government authorities without setting a price;
b)Any general production goods and consumer goods shall be handed over to related materials or commercial departments after setting a price;
c)Any perishable goods or goods having difficulty in storage shall be handled by the carrier with discretion. The shipper shall bear any associated costs;
d)Payments for goods which have been put a price shall be kept by the carrier. If the shipper or the consignee claims the goods within 90 days, the carrier shall deduct storage fees as well as handling fees and then refund residual payments to the claimant; if no one claims the goods after 90 days, residual payments shall be turned in to the national treasury;
e)The carrier shall notify the handling result of undelivered goods to the shipper through the station of departure.
10.4 Handling of undelivered perishable goods
If the consigned perishable goods has deteriorated or rotted during transport or storage, or no one picks up the cargo, or the consignee refuses the delivery, the carrier shall have the right to take necessary measures, such as destroying or abandoning all or part of the cargo, without notifying the shipper or the consignee in advance. The shipper shall bear any associated costs.
11.1 Chartered flight transport
11.1.1 The charterer shall apply to Xiamen Airlines for chartered flights with an introduction letter of the company or valid identity documents. A charter contract shall be signed after both parties have reached an agreement.
11.1.2 The charterer and Xiamen Airlines shall undertake their respective responsibilities, rights, and obligations prescribed in the charter contract except for any reason of weather, government prohibition or beyond control of Xiamen Airlines.
11.1.3 When the charterer and Xiamen Airlines implement the charter contract, Shipper's Letter of Instruction and air waybill shall be filled out for each chartered flight as documentary evidences of the carriage.
11.1.4 The charterer and Xiamen Airlines may determine whether the escort personnel will be needed according to the nature of cargo. The escort personnel shall purchase passenger tickets by the charter contract and go through the prescribed check-in procedures. For duties of the escort personnel, please see Provision 4.2.11 b) of these Conditions.
11.1.5 In the event of modification to the charter contract, the charterer shall obtain consent from the carrier and pay to the carrier the relevant charges occurred in carrying out the charter contract.
11.1.6 Xiamen Airlines charges the charterer in accordance with the charter contract.
11.1.7 Any space of the chartered flights may be fully utilized by the charterer.
11.2 Refer to relevant regulations of chartered flight transport for transport of chartered cabin or pallets (containers).
12.1 Extent of liability
12.1.1 The carrier shall assume responsibility for safe transport from cargo acceptance till delivery. The carrier shall be liable for the loss of cargo happening during the carriage by air, except as otherwise provided by national laws, government regulations, orders or requirements and these Conditions.
12.1.2 The carrier can be exempted from liability if the loss of cargo is resulted from the following:
a)An act of war or an armed conflict, an act of public authority, natural disasters or other irresistible reasons;
b)Inherent defect, quality or nature of cargo that is not fit for change of temperature and air pressure during air transport, cause cargo damage or deterioration within time limit of transport;
c)Defective packing of cargo performed by a person other than the carrier or his employees or agents;
d)Internal articles are short or damaged, with complete packaging and sealing marks unchanged, unless such occurrence is proved to be caused by the fault of the carrier;
e)Reasonable spoilage of goods.
12.1.3 The carrier shall not be liable for any consequential damage sustained in the event of destruction or loss of, or delay in the carriage of cargo.
12.1.4 The carrier shall not be liable for any loss, damage or expense arising from death due to natural causes, or death or injury of any animal caused by the acts of the animal itself or of other animals such as biting, kicking, goring or smothering, or caused or contributed to by the inability of the animal to withstand unavoidable changes in its physical environment inherent in the carriage by air.
12.1.5 The carrier is not liable for any damage, delay or loss in connection with the carriage of escorted cargo, unless such damage, delay or loss is proved to be caused by the fault of the carrier.
12.1.6 In no event will the carrier be liable for death or injury to an animal attendant caused or contributed to by the acts of animals. The shipper shall be liable for the injury to the carrier or third party caused by the animals in standard operations.
12.1.7 The carrier shall be liable for loss occasioned by delay in the carriage of cargo by air. However, if the carrier has taken all necessary measures to avoid the loss or it is impossible for the carrier to take such measures, and except as otherwise provided by national laws, government regulations, orders or requirements and these Conditions, the carrier assumes no responsibility.
12.1.8 If the carrier proves that the loss or delay is caused or brought about by the shipper or the consignee or the authorized agent during transport, the carrier shall be wholly or partly exonerated from his liability in accordance with the extent of the fault that caused or contributed to such damage.
12.1.9 Xiamen Airlines issuing an air waybill for other carrier acts as an agent for that carrier. Xiamen Airlines shall not be liable for the destruction, loss, damage or delay of cargo occurring on other carrier’s flights.
12.1.10 Whenever the liability of the carrier is excluded or limited under these Conditions, such exclusion or limitation shall apply to agents, employees or representatives of Xiamen Airlines, and also to any carrier whose airplane or other means of transportation is used for carriage.
12.1.11 In the case of destruction, loss, damage or delay of part of the shipment, or of 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 package concerned. Nevertheless, when the destruction, loss, damage or delay of part of the shipment, or of any object contained therein, affects the value of other packages covered by the same air waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability. In the absence of proof to the contrary, proportion of the value of any such part of shipment destroyed, lost, damaged or delayed to the total value of the shipment shall be determined by proportion of the weight of any such part of shipment destroyed, lost, damaged or delayed to the total weight of the shipment.
12.2 Successive carrier
12.2.1 The carriage performed in accordance with one air waybill by several successive carriers is regarded as a single operation.
12.2.2 In successive carriage, each carrier shall be liable as one contracting party for the segment of carriage in accordance with the contract of carriage. For the loss or delay of cargo during transport, the shipper has the right to file a suit against the first carrier, the consignee has the right to file a suit against the last carrier, and the shipper or the consignee may sue the carrier of the segment of carriage where the loss or delay happened.
12.3 Limit of indemnity
12.3.1 In the case of loss or damage to cargo of which the shipper has made the value declaration and has paid valuation charges, the declared value shall be the maximum indemnity. If Xiamen Airlines can prove that the actual loss or damage is below the declared value, the shipper shall be indemnified for the actual loss or damage.
12.3.2 In the case of loss or damage to cargo of which the shipper has not made the value declaration, maximum indemnity of Xiamen Airlines is RMB 100 per kilogram.
12.3.3 Any damage to goods with air transport insurance during transport is to be indemnified by insurance company according to relevant regulations.
12.3.4 Indemnity of cargo delay
Xiamen Airlines shall appropriately indemnify for loss or damage due to cargo delay in air transport. Indemnity for each day’s delay shall not exceed 5% of actually paid freight of the consignment and total amount of indemnity shall not exceed the total freight. However, if Xiamen Airlines and its employees or agents have taken all necessary measures to avoid the loss or it is impossible for them to take such measures, Xiamen Airlines assumes no liability.
13.1 In the case of claim due to damage or delay to cargo, the shipper or the consignee on the air waybill shall raise an objection in written form to the carrier within the periods prescribed in the following paragraphs; otherwise the indemnity claim lawsuit cannot be filed against the carrier:
13.1.1 The claim for loss of the cargo shall be made within 14 days from the receiving date of the cargo.
13.1.2 The claim for delay of the cargo shall be made within 21 days from the date on which the cargo is placed at the disposal of the consignee.
13.1.3 The claim for non-delivery of the cargo shall be made within 120 days from the issuing date of the air waybill.
13.2 Prescribed period for litigation of air transport dispute is 2 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 on which the carriage stopped.
14.1 These Conditions shall become effective as of the date on July 1st,2024, and supersede the previous Xiamen Airlines General Conditions of Domestic Carriage for Cargo.
14.2 Xiamen Airlines reserves the right to modify any provision contained in these Conditions without notice in accordance with the procedures prescribed by CAAC. However, no such modification shall apply to the carriage which took place prior to the modification.
14.3 No
employee, representative or agent of Xiamen Airlines has authority to alter, modify or waive any provision of these Conditions.
These Conditions refer to Xiamen Airlines General Conditions of International Carriage for Cargo. Except as otherwise provided herein, the terms below in these Conditions shall have the following meanings:
1.1 CONVENTIONS means the following instruments applicable to the contract of carriage:
1.1.1 The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the “Warsaw Convention”);
1.1.2 The Warsaw Convention as amended at The Hague on 28 September 1955 (hereinafter referred to as the “Hague Protocol”);
1.1.3 The Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (hereinafter referred to as the 'Montreal Convention').
1.2 CARRIER includes the air carrier issuing the air waybill and all carriers that carry or undertake to carry cargo or to perform any other services related to such air carriage.
1.3 CONTRACTING CARRIER refers to any carrier who has concluded a contract of carriage with a shipper.
1.4 ACTUAL CARRIER refers to any carrier whose performance of the whole or part of the contract of carriage has been authorized by the contracting carrier.
1.5 “MF” is the abbreviation of Xiamen Airlines (English name: XiamenAirlinesCo.,Ltd., IATA airline designator code: MF, ICAO airline designator: CXA, IATA accounting code: 731, Website: www.xiamenair.com, www.xiamenair.cn).
1.6 INTERNATIONAL CARRIAGE means, unless otherwise specified by the Conventions, any carriage in which, according to the contract of carriage, one of the place of departure, the place of destination or the agreed stopover, whether or not there is a break or a transfer in the course of carriage, is not situated within the territory of the People’s Republic of China.
1.7 CARRIAGE BY CHARTER FLIGHT means that the shipper hires the entire capacity of the carrier’s aircraft for the carriage of cargo.
1.8 REGULATIONS OF XIAMEN AIRLINES refers to the administrative regulations about cargo transport established by Xiamen Airlines, in effect on the day of air waybill issuance, except these Conditions, including effective applicable rate.
1.9 CARGO means anything carried or to be carried in an aircraft except mail, or baggage carried under a passenger ticket and baggage check, but includes baggage moving under an air waybill.
1.10 SPECIAL CARGO refers to cargo that needs special handling during acceptance, storage, warehousing, transport and delivery due to the nature or value of the cargo.
1.11 ALTERATION OF CARRIAGE means the shipper or the carrier completely or partly alters the carriage of the consigned cargo.
1.12 SHIPPER’S LETTER OF INSTRUCTION means the written document filled out by the shipper when consigning the cargo which is the documentary evidence to fill out an air waybill.
1.13 AIR WAYBILL means the document made out and signed by or on behalf of the shipper which evidences the contract for carriage of cargo.
1.14 SHIPMENT RECORD refers to any record of the contract of carriage preserved by the carrier, evidenced by means other than an air waybill.
1.15 SHIPMENT means one or more packages, pieces or bundles of cargo, receipted for under a single air waybill, for carriage to one consignee at one destination address.
1.16 AGENT means any person or organization authorized to act for or on behalf of the carrier or the shipper in relation to the carriage of cargo.
1.17 SHIPPER means the person or organization whose name appears on the air waybill, as the party contracting with the carrier for the carriage of cargo.
1.18 CONSIGNEE means the person or organization whose name appears on the air waybill, as the party to whom the shipment is to be delivered by the carrier.
1.19 DECLARED VALUE refers to the value declared to the carrier by the shipper when consigning the cargo, which serves as the basis for computing freight charges, for limiting the carrier's liability for loss, damage or delay of the cargo, and for computing valuation charges.
1.20 VALUATION CHARGES means the fee paid by the shipper as required when declaring cargo value to the carrier.
1.21 CHARGES PREPAID means that the shipper pays the carrier all the charges in relation to the carriage of cargo when consigning the cargo in accordance with the contract of carriage.
1.22 CHARGES COLLECT means that the consignee pays the carrier all the charges in relation to the carriage of cargo when picking up the cargo in accordance with the contract of carriage.
1.23 GROSS WEIGHT means the weight of the cargo measured by an officially authorized weighing device and verified by Xiamen Airlines or its authorized ground handling agents, including the weight of the package and pallet.
1.24 VOLUMETRIC WEIGHT means the weight of the cargo calculated by the conversion of the total volume of the shipment. 6,000 cubic centimeters equals 1 kilogram.
1.25 CHARGEABLE WEIGHT means the weight on the basis of which freight charges are calculated. The chargeable weight is generally the actual gross weight or volumetric weight of the cargo, whichever is higher, providing that where a lower rate for a higher minimum weight applies, the higher minimum weight shall be retained as the chargeable weight.
1.26 SPECIAL DRAWING RIGHT (SDR) means a reserve asset and a unit of account, as defined by the International Monetary Fund.
1.27 INTERNATIONAL AIR TRANSPORT ASSOCIATION, abbreviated as IATA, refers to a non-governmental international organization constituted voluntarily by a group of enterprises in the world conducting air transportation business.
1.28 TACT means the Air Cargo Tariff Manual published by IATA containing the worldwide tariff.
1.29 TARIFF means the rates for the carriage of cargo from the airport of departure to the airport of destination, as published by the carrier and in effect on the date of the conclusion of the contract of carriage by the shipper and the carrier, or as agreed between the contracting parties.
1.30 FREIGHT CHARGES means the amount paid by the shipper or the consignee to the carrier when the cargo is consigned or picked up, including freight charges, valuation charges and other charges.
1.31 CODE-SHARING means that an airline uses its designator code on a flight operated by another airline.
1.32 DAYS means full calendar days. A week is comprised of seven days.
1.33 COURSE OF CARRIAGE means the period after the consignment and prior to the delivery when the cargo is in the custody of the carrier.
2.1 These Conditions shall apply to the entire course of carriage by air of special cargo.
2.1.1 These Conditions shall apply to the international carriage of cargo and all other services incidental thereto, performed by Xiamen Airlines.
2.1.2 Except as otherwise provided, these Conditions also apply to the carriage of cargo by air between the mainland of China and Hong Kong, Macao or Taiwan.
2.2 Except as otherwise provided in the contract of gratuitous carriage, these Conditions shall apply to the gratuitous carriage accepted by Xiamen Airlines.
2.3 With respect to the carriage of cargo performed pursuant to a charter agreement, such carriage shall be subject to the conditions of the charter agreement. These Conditions shall only apply to the extent as not provided in said charter agreement.
2.4 Over some routes, Xiamen Airlines conducts cargo operations by means of code-share flights or other carriers’ flight with their authorization. In this case, these Conditions shall apply likewise.
2.5 These Conditions do not apply to carriage of air mail.
2.6 To the extent that any provision contained or referred to herein is contrary to anything contained in any applicable national laws and administrative regulations, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision of these Conditions.
2.7 All carriage of cargo governed by these Conditions shall be subject to the regulations of Xiamen Airlines in effect on the date of conclusion of carriage contract. Except as otherwise provided, in the event of inconsistency between these Conditions and the regulations of Xiamen Airlines, these Conditions shall prevail.
3.1 For the safety of cargo transport and flight operations, Xiamen Airlines reserves the right to conduct security check on the consigned cargo including transit cargo in a proper way and charge relevant fees.
3.2 If necessary, Xiamen Airlines will open the package to check the cargo and relevant document or information, and the shipper has an obligation to assist with the check.
3.3 The carrier may check the package, information and document of cargo, but assumes no obligation to conduct such check.
4.1 An air waybill is comprised of three originals and nine copies. Original 1 is for the issuing carrier, Original 2 is for the consignee, and Original 3 is for the shipper. The three originals shall be of equal legal effect.
4.2 The air waybill is a non-negotiable document. The negotiable air waybill shall be regarded as invalid.
4.3 The shipper or his agent shall make out the air waybill. According to the shipper’s letter of instruction, if the carrier makes out the air waybill which is then signed by the shipper, the carrier shall be deemed to have acted on behalf of the shipper. The completed air waybill shall not become effective unless it is signed or stamped by the shipper and the carrier.
4.4 If the air waybill has been altered or erased by the shipper, the carrier has the right to reject such air waybill.
4.5 The shipper shall make out different air waybills for cargo with different carriage conditions or conflicting natures.
4.6 One air waybill shall only have one shipper and one consignee.
4.7 Contract conditions on the air waybill are an overview of some provisions of Xiamen Airlines General Conditions of International Carriage for Cargo.
4.8 The shipper shall give a clear indication of any defect of the package on the air waybill. If the shipper fails to do so, the carrier may mark, supplement or correct the air waybill.
4.9 The shipper shall fill all the required cargo declaration and description in the air waybill according to the Conventions, relevant laws, these Conditions and regulations of Xiamen Airlines and be responsible for the correctness of cargo declaration and description.
4.10 The shipper shall indemnify the carrier or any other party to whom the carrier is liable against all damage caused by the non-conformance, incorrectness or incompleteness of cargo declaration and description filled in the air waybill.
Freight charges include freight charges, valuation charges and other charges.
5.1 Freight charges are determined by the applicable rate and the chargeable weight of the consigned cargo.
5.2 Declared value of cargo for carriage and valuation charges
5.2.1 The shipper may declare the value of cargo for carriage when consigning the cargo. If the declared value of cargo for carriage per kilo in gross weight exceeds 19 SDR or its equivalent currency, the shipper shall pay the valuation charges. The calculation formula of valuation charges is as below:[Declared value of cargo for carriage - (Gross weight of the cargo x 19SDR)] x 0.75%
5.2.2 The shipper shall not change the declared value of cargo for carriage filled in the air waybill, which has been validated with the signatures or stamps of the two contracting parties.
5.2.3 Xiamen Airlines is entitled to determine the limit of the declared value of a shipment. If the declared value of any individual shipment exceeds such limit, Xiamen Airlines will require the shipper to lower the declared value, ship the cargo in several batches or take other safety measures. If the shipper fails to do so, Xiamen Airlines reserves the right to refuse the carriage.
5.3 Other charges
Other charges are charges in relation to the carriage of cargo, which excludes freight charges and valuation charges and shall be paid to the carrier by the shipper or the consignee when consigning or picking up the cargo. Except as otherwise provided in the published rates, such charges shall include but are not limited to the following:
a)Cargo terminal service fee;
b)Cargo storage fee;
c)Insurance fee;
d)Disbursement fee;
e)Dangerous goods handling fee;
f)Fuel surcharge;
g)Customs clearing fee or charges for agency service provided for the shipper, the consignee or the owner of cargo by Xiamen Airlines or its agent;
h)Cargo tariff, tax or fine;
i)Charges collect fee;
j)Cost incurred from repairing the defective packaging;
k)Charges for transferring and forwarding the cargo by other means of transportation, as well as charges for returning the cargo to the place of departure;
l)Any other similar service or charges.
5.4 Payment of freight charges
5.4.1 The shipper shall pay freight charges in the currency which is used in tariff conditions or acceptable by Xiamen Airlines.
5.4.2 All freight charges shall be prepaid by the shipper at the time of the consignment of the cargo, or may be paid by the consignee before the pick-up of the cargo with the consent of Xiamen Airlines. If the latter applies, laws and regulations of the destination country and the carrier’s requirements shall be complied with. If the consignee fails to pay the freight charges, the shipper shall fulfill such obligation. If the shipper or the consignee refuses to pay the freight charges or any portion thereof, Xiamen Airlines will refuse the carriage or the delivery of the cargo.
5.4.3 Xiamen Airlines only accepts COD (cash on delivery) shipments whose destinations are prescribed in TACT. In any circumstances, Xiamen Airlines is entitled to refuse the carriage of the following COD shipments:
a)The exchange of the local currency to other currencies is not allowed by the destination country;
b)The remittance of the local currency to other countries is not allowed by the destination country;
c)The COD shipment is not accepted by the destination country.
5.4.4 Freight charges and valuation charges shall only be prepaid or collected at the same time.
5.4.5 Whether or not the cargo is lost or damaged in the course of carriage, or fails to arrive at the destination specified in the air waybill, the liability of the shipper or the consignee to pay freight charges shall not be exempted.
5.4.6 The shipper shall guarantee payment of all unpaid freight charges (including charges collect unpaid by the consignee) and disbursements paid by Xiamen Airlines. The shipper shall also guarantee compensation for all costs, fines and losses of Xiamen Airlines caused by the inclusion in the shipment of articles the carriage of which is prohibited by law, or the absence, delay or incorrectness of any export or import license or any required certificate or document, or any improper customs valuation, or incorrect statement of weight or volume. Xiamen Airlines may hold the shipper’s cargo until the above charges, disbursements and compensation are paid completely. Xiamen Airlines has the right to dispose of the cargo in a manner as it deems reasonable. However, Xiamen Airlines shall notify the shipper or the consignee prior to the disposition, unless such notification is impossible or unnecessary.
5.4.7 Adjustment of rates and freight charges
When the rates or freight charges of cargo are adjusted, the adjusted rates and freight charges do not apply to the issued air waybill.
6.1 Acceptance of cargo
6.1.1 The shipper shall abide by the laws of any country or region to be flown from, to or over and accordingly provide relevant documents accompanying the cargo. The shipper shall be responsible for the formalities required by customs and other government authorities.
The shipper shall undertake responsibility for the loss caused by the absence, incompleteness, incorrectness or non-conformance of the documents required by law, including but not limited to the delay of carriage or delivery. Unless it is otherwise prescribed by laws and regulations, the carrier does not assume any obligation to check the above documents.
6.1.2 Subject to the availability of suitable equipment and space, Xiamen Airlines undertakes to transport the cargo in compliance with the following conditions, unless otherwise excluded by the regulations of Xiamen Airlines:
a)The transportation, the exportation or importation thereof is not prohibited by the laws and regulations of any country to be flown from, to or over;
b)They are packed in a manner which meets the requirements of the carrier and is suitable for carriage by aircraft;
c)They are accompanied by the requisite shipping documents;
d)They are not likely to endanger aircraft, persons or property;
e)They are not likely to cause annoyance to passengers or crewmembers.
6.1.3 The carrier reserves the right without assuming any liability to refuse carriage of cargo when circumstances so require. Xiamen Airlines refuses to carry the cargo below:
a)The cargo prohibited by the regulations or the orders of the administrative authorities;
b)The cargo for which the inspection, check or procedures required by the administrative authorities have not been completed;
c)The cargo of which the transportation requirements exceed transportation and storage capabilities of Xiamen Airlines;
d)The cargo with other situations required by these Conditions.
6.1.4 Packing of cargo:
a)The shipper shall use interior and exterior packing materials suitable for the carriage by air and properly pack the cargo in accordance with its nature, value, weight, shape and volume. For valuables and cash which are likely to be robbed or stolen, the shipper shall use neutral packing without indicating what is inside the package;
b)The shipper shall ensure that the packaging of cargo in the course of carriage will not be loose, out of shape and leaked, and the packaging will not cause personal injury, damage and pollution to aircraft, equipment or other cargo, baggage, and mail;
c)The shipper shall ensure that the packing materials shall comply with the laws and regulations of any country to be flown from, to or over.
6.1.5 Marking and labeling:
a)The shipper shall clearly, legibly and durably mark each package with the place of departure, place of destination, name, address, telephone number and other information of the shipper/consignee; if the consigned cargo is dangerous goods, the shipper shall mark relevant information on the external packing of the cargo in accordance with applicable laws and regulations;
b)The shipper shall stick or attach identification labels to the external packing of each piece of the cargo. In case the consigned cargo is special cargo, the shipper shall stick or attach special cargo labels and handling labels to the external packing of the cargo based on its nature;
c)The shipper shall clear any irrelevant mark and label on the package reused to ensure rapid, safe and correct transportation.
6.1.6 Weight and dimension of the consigned cargo:
a)The cargo weight is measured by gross weight. The unit of measurement is kilogram and the minimum rounding off unit is 0.1 kilogram;
b)The sum of length, width and height for each cargo package shall not be less than 40cm;
c)The carrier may define the limits of weight and dimension of the cargo according to routes, aircraft types, and loading/unloading facilities at the airports of departure, transfer and destination.
6.2 Cargo transportation time limit
6.2.1 To ensure that the cargo can be carried in time, the shipper shall book the flight and the date for carriage of the cargo and Xiamen Airlines will arrange the carriage within a reasonable time limit.
6.2.2 Times shown in the timetables of Xiamen Airlines or published by other means are approximate and not guaranteed and form no part of the contract of carriage. No time is fixed for commencement or completion of carriage or delivery of cargo.
6.3 Priority of carriage
6.3.1 Xiamen Airlines is entitled to determine, whenever or wherever, the priority of carriage between the materials for public interests or emergency relief and the consigned cargo or between mail and the consigned cargo. When necessary, Xiamen Airlines may continue any flight without carrying any or part of the cargo.
6.3.2 If as a result of such priority arrangement mentioned in Para 6.3.1, the consigned cargo is not carried or not carried on the agreed flight and date, or part of the cargo needs to be unloaded from the flight, Xiamen Airlines will make reasonable arrangements for the carriage of the cargo not carried in a timely manner for the interest of the shipper. Xiamen Airlines will not be liable for any delay of the cargo due to the priority arrangement.
6.3.3 To avoid any damage or danger, subject to the approval of the customs authorities, Xiamen Airlines may hold the cargo in the warehouse or any other available places in the course of carriage and inform the shipper at the same time. Relevant costs and risks shall be borne by the shipper. Xiamen Airlines may also deliver the cargo to another carrier for onward carriage to the destination.
6.4 Routings
6.4.1 Unless specifically agreed by the contracting parties, Xiamen Airlines has no obligation to carry the cargo by any specific aircraft type, on any specific flight, over any specific route, or to make connections at any point.
6.4.2 Xiamen Airlines is entitled to select the route of the cargo or change the route shown on the air waybill based on flight or space availability.
7.1 The shipper’s right of disposition
7.1.1 After the cargo is shipped from the place of departure on the air waybill, the shipper may request an alteration of the air waybill, exclusive of the declared value for carriage and amount insured. The alteration between charges collect and charges prepaid can only be made before the delivery of the cargo to the consignee or his agent.
7.1.2 From the acceptance to the pick-up of the cargo, the shipper is entitled to exercise the right of disposition as long as he carries out the obligations required by the contract of carriage.
7.1.3 The shipper’s right of disposition shall cease at the moment when, after arrival of the cargo at the destination, payment of relevant expenses and fulfillment of the conditions of carriage listed on the air waybill, the consignee requests delivery of the cargo and the air waybill. Nevertheless, if the consignee declines to accept the air waybill or the cargo, or if Xiamen Airlines cannot get in touch with the consignee, such right of disposition shall continue to vest in the shipper.
7.1.4 The shipper may dispose of the cargo either:
a)by withdrawing it at the airport of departure or of destination; or
b)by stopping it in the course of the journey on any landing; or
c)by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air waybill; or
d)by requiring it to be returned to the airport of departure.
7.1.5 Every exercise of the right of disposition must be made by the shipper or his designated agent and must be applicable to the whole shipment under a single air waybill.
7.1.6 The shipper shall be liable for all expenses and shall indemnify Xiamen Airlines or other carriers for all loss as a result of the exercise of his right of disposition.
7.1.7 The exercise of the right of disposition must be subject to the laws and regulations of the countries related with the carriage and may not harm the interests of the carrier and other shippers. Otherwise, Xiamen Airlines has the right to refuse such request of disposition.
7.1.8 The right of disposition over the consigned cargo can only be exercised through the contracting carrier. The shipper shall present a written application and the original for the shipper of the air waybill. The contracting carrier shall inform the shipper promptly if the shipper’s request of disposition is not practicable or possible to be exercised.
7.2 The carrier’s right of alteration of carriage
7.2.1 If a shipment is identified to be prohibited from carriage by applicable Conventions, laws and regulations, or to be restricted from carriage and not to be in compliance with the requirements of restrictions, Xiamen Airlines will terminate the carriage of such shipment. When necessary, Xiamen Airlines will leave such shipment to be disposed by the administrative authorities.
7.2.2 If it is found that the nature or the defective packaging of the cargo may endanger the safety of aircraft, personnel or property, Xiamen Airlines may dispose of the cargo at any place and time without prior notice and bear no liability.
7.2.3 Xiamen Airlines reserves the right without prior notice, to cancel, terminate, divert, reschedule, postpone any flight, or proceed with any flight without all or any part of the cargo, due to the following:
a)Government regulations, orders or requirements;
b)Force majeure, including but not limited to weather conditions, riots, natural disasters, political disturbances, embargoes, wars, martial law, strikes, sabotage, unstable international situation, terrorism, or wars or warnings against terrorism of the government;
c)Other reasons uncontrollable or unforeseen by Xiamen Airlines.
7.2.4 Except as otherwise provided by law, Xiamen Airlines shall not assume any liability in the event that any flight is cancelled, terminated, diverted, postponed, rescheduled or stopped at a place other than the place of destination, or in the event that the carriage of a shipment is cancelled, diverted, postponed, rescheduled, resumed or terminated, for any reasons mentioned in Para 7.2.3.
7.2.5 Xiamen Airlines may carry all or part of the cargo, without prior notice, to the destination by other means of transportation.
7.2.6 To ensure flight safety or to comply with relevant laws and regulations, Xiamen Airlines may continue the flight after unloading all or part of the cargo.
8.1 Notice of arrival
Notice of arrival of the shipment will, in the absence of other instructions, be sent to the consignee or any other person whom the carrier has agreed to notify as evidenced in the air waybill; such notice will be sent by ordinary methods. Xiamen Airlines is not liable for non-receipt or delay in receipt of such notice.
8.2 Except as otherwise specifically provided in the air waybill or shipment record, delivery of the shipment will be made only to the consignee named therein, or his agent. Delivery to the consignee shall be deemed to have been effected:
a)When the carrier has delivered to the consignee or his agent any authorization from the carrier required to enable the consignee to obtain release of the shipment; and
b)When the shipment has been delivered to customs or other government authorities as required by applicable law or customs regulation.
8.3 Except as otherwise provided, the consignee must accept delivery of the shipment at the place as designated by the carrier.
8.4 The consignee shall present valid identity documents when picking up the cargo. The carrier is not liable for the authenticity of such documents. If necessary, the carrier can request the consignee to present documents or certificates in connection with the carriage of cargo.
8.5 Upon delivery, if the consignee has discovered loss, shortage, contamination, deterioration, damage or delayed arrival of the cargo, the consignee must raise an objection to the carrier immediately. After both parties have examined and acknowledged the condition of the cargo, the delivery status must be recorded by Xiamen Airlines in accordance with the regulations. The record must be signed and sealed by both parties. The consignee may use this record to file for claims in the future.
8.6 Upon delivery, if the consignee has signed on the air waybill and has not declared the cargo to be in an unfit condition, it will be deemed that the shipment has been delivered without fault and in accordance with the contract of carriage.
8.7 By accepting delivery of the air waybill and the shipment, the consignee shall become liable for payment for all unpaid charges in connection with the carriage. Unless otherwise agreed, the shipper will remain jointly and severally liable with the consignee. Xiamen Airlines may make delivery of the shipment or the air waybill conditional upon payment of these charges.
8.8 In the course of carriage, Xiamen Airlines will not be held liable for death of live animals arising from natural causes, decay of fresh perishable goods, or goods that may endanger the aircraft, personnel or public safety. At any given time, Xiamen Airlines may take necessary measures without advance notice to destroy, bury or abandon the shipment, etc. Either the consignee or the shipper shall bear the resulting costs.
8.9 In the event that the cargo is detained or waiting to be handled by related departments of destination country for reasons not generated by the carrier, the consignee or the shipper shall pay for storage fees and other related expenses. Under such circumstances, the carrier shall notify the shipper or the consignee.
8.10 Undelivered goods
8.10.1 A shipment will be deemed as undelivered in the following scenarios:
a)The consignee has failed to accept the delivery within 14 days of the first issuance of notice of arrival, and the shipper has not designated a new consignee;
b)The consignee has indicated a clear refusal to accept the delivery or has refused to pay any applicable fees;
c)The carrier is unable to contact the consignee because the name or address was wrongly indicated on the air waybill.
8.10.2 In the event of non-delivery of the shipment, the following steps will be taken:
a)Xiamen Airlines will endeavor to comply with any instructions of the shipper set forth in the air waybill or shipment record;
b)If such instructions are not set forth or cannot reasonably be complied with, Xiamen Airlines shall notify the shipper of the consignee’s failure to take delivery and request his instructions;
c)If no such instructions are received within 30 days, Xiamen Airlines may take the measures as it deems reasonable, including but not limited to sale, destruction or abandonment of such shipment;
d)The shipper is liable for all charges and expenses resulting from or in connection with the failure to take delivery of the shipment, including, but not limited to, carriage charges incurred in returning the shipment to the place of departure if so required by the shipper's instructions;
e)If the shipment is returned to the airport of departure and the shipper refuses or neglects to pay for relevant charges within 15 days after such return, Xiamen Airlines may dispose of the shipment after giving the shipper 10 days notice of its intention to do so;
f)Once undelivered goods are sold, all proceeds will be used to settle all expenses and charges resulting from or in connection with the failure to take delivery of the shipment. The remaining proceeds will be handled in accordance with the shipper’s instructions. A sale of any shipment shall, however, not discharge the shipper and/or owner of any liability hereunder to pay any deficiencies.
8.10.3 Disposal of perishables
When a shipment containing perishable articles as defined in the carrier’s regulations is delayed in the possession of the carrier, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, Xiamen Airlines may immediately take such steps as it sees fit for the protection of itself and other parties in interest without notice, including but not limited to:
a)The destruction or abandonment of all or any part of the shipment;
b)The sending of communications for instructions at the cost of the shipper;
c)The storage of the shipment or any part thereof at the risk and cost of the shipper;
d)The sale of the shipment or any part thereof;
e)In the event of the sale of the shipment as provided for above, either at the place of destination or at the place to which the shipment has been returned, the carrier is authorized to pay to itself and other transportation services out of the proceeds of such sale all charges, advances, and expenses of the carrier and other transportation services plus costs of sale, holding any surplus subject to the order of the shipper. A sale of any shipment shall, however, not discharge the shipper and/or owner of any liability hereunder to pay any deficiencies.
9.1 Special cargo includes dangerous goods, live animals, perishable goods, valuable goods, firearms, ammunition, diplomatic pouch, escorted cargo, coffin and ashes, etc.
9.2 The shipper shall comply with the regulations of relevant countries and Xiamen Airlines concerning the carriage of special cargo. The carriage of special cargo whose nature is of more than one class or division shall be in compliance with the regulation and requirement of each class or division simultaneously.
9.3 Packaging of special cargo shall be in compliance with the relevant requirements on packaging of special cargo.
9.4 The shipper shall book the space of aircraft for special cargo transportation in advance.
9.5 The shipper and the consignee shall consign or pick up special cargo at the places designated by Xiamen Airlines.
9.6 Except the dangerous goods specified in Dangerous Goods Air Transport Permit approved by the CAAC, no dangerous goods are allowed to be transported by Xiamen Airlines regional or international flights. Transport of dangerous goods shall conform to effective ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and Civil Aviation Regulations on the Transport of Dangerous Goods (CCAR-276-R2).
The shipper shall present the charter application and sign the charter contract with Xiamen Airlines when hiring the entire space of aircraft of Xiamen Airlines for cargo transportation.
11.1 Liability of Xiamen Airlines
11.1.1 Xiamen Airlines is liable for the loss of the cargo incurred in the course of carriage, except the liability waived in accordance with Conventions, laws and regulations and these Conditions.
11.1.2 Xiamen Airlines is liable for any loss in the course of carriage caused by delay of transportation according to Conventions, laws and regulations and these Conditions, except under the circumstances that Xiamen Airlines has taken all reasonable measures or Xiamen Airlines is not able to take these measures and the circumstances as otherwise specified in Conventions, laws and regulations and these Conditions.
11.1.3 Xiamen Airlines is not liable for damage caused directly or indirectly by any compliance with Conventions, laws or regulations, or by any other event beyond the control of Xiamen Airlines.
11.1.4 Xiamen Airlines is not liable for the destruction, loss or damage of the cargo caused by the following reasons:
a)Force majeure;
b)Inherent nature, quality or defect of the cargo;
c)Defective packaging of the cargo by anyone other than Xiamen Airlines or its servant or agent;
d)Loss or damage of internal articles with intact packaging and unbroken seal;
e)Wars or military conflicts;
f)Acts carried out in connection with the entry, exit or transit of the cargo by national administrative authorities.
11.1.5 Xiamen Airlines is not liable for any loss or damage arising from death due to natural causes or death or injury of any animal caused by the conduct or acts of the animal itself or of other animals such as biting, kicking, goring or smothering, or by defective packing of the animal, or by the inability of the animal to withstand unavoidable changes in its physical environment inherent in the carriage by air.
11.1.6 Xiamen Airlines is not liable for the deterioration or decay of the cargo due to the changes of climate, temperature and altitude or other normal conditions or in the agreed carriage time.
11.1.7 Xiamen Airlines is not liable for the loss of the escorted cargo unless such loss is proved to be caused by the fault of Xiamen Airlines.
11.1.8 Xiamen Airlines is not liable for the injury or death of escorted personnel caused by the cargo in the course of carriage.
11.1.9 Except as otherwise agreed, Xiamen Airlines is not liable for any consequential loss caused by damage or loss of the cargo, or by carriage under these Conditions.
11.1.10 If the loss, damage or delay of the cargo is proved to be caused or brought about by the shipper or the consignee, Xiamen Airlines shall be wholly or partly exonerated from its liability in accordance with the extent of the fault that caused or contributed to such loss, damage or delay.
11.1.11 Whenever the liability of Xiamen Airlines is excluded or limited under these Conditions, such exclusion or limitation shall apply to agents, servants or representatives of Xiamen Airlines and also to any carrier whose aircraft or other means of transportation is used for carriage.
11.1.12 Xiamen Airlines issuing an air waybill for carriage over the lines of another carrier does so only as agent for such other carrier. Xiamen Airlines is not liable for the damage or delay of cargo not occurring on its own line unless such damage or loss is proved to be caused by the fault of Xiamen Airlines.
11.1.13 In successive carriage, each carrier shall be liable as one contracting party for the sector of carriage in accordance with the contract of carriage.
11.2 Liability scope of compensation
11.2.1 The liability scope of Xiamen Airlines is subject to the regulations of the applicable Conventions and laws. Unless otherwise provided in the applicable Conventions or laws for the benefit of the legal claimant, the following shall apply:
a)The liability limit of Xiamen Airline shall be the amount of the declared value of cargo for carriage, if the shipper has declared the value of cargo for carriage and has paid the valuation charges when consigning the cargo. Xiamen Airlines will compensate for the actual loss if it is proved that the actual loss is less than the declared value of cargo for carriage;
b)The liability limit of Xiamen Airlines for the cargo of which the shipper has not made the value declaration is the liability limit of 19SDR/KG stipulated in the Montreal Convention, no matter the country of departure or destination joins the Convention or not. Xiamen Airlines will compensate for the actual loss if it is proved that the actual loss is less than the liability limit provided in the Convention;
c)The claimant shall provide proof of the actual value of the cargo when raising a claim;
d)In the case of loss, damage or delay of part of the shipment, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the liability of Xiamen Airlines is limited shall be only the weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of part of the shipment, or of an object contained therein, affects the value of other packages covered by the same air waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability. In the absence of proof to the contrary, the value of any such part of the shipment lost, damaged or delayed as the case may be, shall be determined by reducing the total value of the shipment in the proportion that the weight of that part of the shipment lost, damaged or delayed has to the total weight of the shipment.
12.1 Claims
12.1.1 In the case of damage to the shipper’s cargo, a complaint shall be made in writing to Xiamen Airlines within the following time limits:
a)In the case of damage to the goods, a complaint shall be made in writing immediately after its discovery and at the latest within 14 days from the date of receipt of the goods;
b)In the case of delay, a complaint shall be made in writing within 21 days from the date on which the goods were placed at the disposal of the person entitled to delivery;
c)In the case of non-delivery of the goods, a complaint shall be made in writing within 120 days of the date of issuance of the air waybill.
12.1.2 If the shipper or the consignee does not make a complaint within the above time limits, they cannot file an indemnity claim lawsuit against Xiamen Airlines.
12.2 Any dispute in relation to the carriage, which cannot be solved by the shipper and the carrier, can be settled by litigation or arbitration.
12.3 Prescribed period for litigation of air transport dispute is two years. Any right to damages against the 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.
12.4 In the event of destruction, loss or damage of the cargo occurring in successive carriage which is performed by several carriers, the shipper is entitled to bring an action against the first carrier and the consignee is entitled to bring an action against the last carrier; the shipper and the consignee may bring an action against the carrier of the sector of carriage where the destruction, loss and damage took place.
12.5 In relation to the carriage performed by the actual carrier, an action may be brought against the actual carrier or the contracting carrier separately, or against both of them, by the shipper; the carrier against whom an action has been brought has the right to require the other carrier to participate in the proceedings.
12.6 The dispute arising from or with respect to these Conditions shall be governed by the laws of the People's Republic of China. On the premise that the Conventions are applicable, the litigation with respect to the loss may be proceeded with, at the option of the claimant, in the court at Xiamen Airlines headquarters, or at Xiamen Airlines branch office where the contract has been concluded, or of the destination.
13.1 These Conditions shall become effective as of the date on July 1st,2024, and supersede the previous Xiamen Airlines General Conditions of International Carriage for Cargo.
13.2 Xiamen Airlines has the right to modify any provision contained in these Conditions without prior notice. However, no such modification shall apply to the carriage which took place before the modification.
13.3 No servant, agent or representative of Xiamen Airlines has authority to alter, modify, or waive any provision of these Conditions.