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Article 2-Applicability


These Conditions shall apply to all carriage of cargo, including all services incidental thereto, performed by or on behalf of Carrier, provided that if such carriage is “international carriage” as defined in the applicable Convention (see Article 1.3) such carriage shall be subject to the provisions of the applicable Convention and to these Conditions to the extent that these Conditions are not inconsistent with the provisions of such Convention.

To the extent not in conflict with Article 2.1 all carriage and other services performed by Carrier are subject to:

2.2.1 Applicable laws (including national laws implementing a Convention or extending the rules of the applicable Convention to carriage which is not “international carriage” as defined in the applicable Convention) and government regulations, orders and requirements;

2.2.3 These Conditions and other applicable tariffs, rules, regulations and timetables (but not the times of departure and arrival therein specified) of Carrier, which may be inspected at any of its offices and at airports from which it operates regular services.

These Conditions do not apply to carriage between places in the United States or in Canada or between a place in the United States or in Canada and any place outside thereof to which tariffs in force in those countries apply.  The tariffs applicable to such carriage are available for inspection at the offices of Carrier.

With respect to gratuitous carriage, Carrier reserves the right to exclude the application of all or any part of these Conditions.

With respect to carriage of cargo performed pursuant to a charter agreement with Carrier, such carriage shall be subject to Carrier’s charter tariffs applicable thereto (if any) and these Conditions shall not apply except to the extent provided in said charter tariff.  Where Carrier has no charter tariff applicable to such Charter agreement, these Conditions shall apply to such agreement except that Carrier reserves the right to exclude the application of all or any part of these Conditions and, in case of divergence between the applicable provisions of these Conditions and the conditions contained or referred to in the charter agreement, the latter shall prevail and the shipper, by accepting carriage pursuant to a charter agreement, whether or not concluded with the shipper, agrees to be bound by the applicable terms thereof.

These Conditions and the published rates and charges are subject to change without notice except to the extent otherwise provided by applicable law or government regulations or order; provided however that no such change shall apply to a contract of carriage after the date of issuance of the air waybill by Carrier or after the date the rate or charge for the carriage has been entered in the shipment record.

All carriage of cargo governed by these Conditions shall be subject to Carrier’s rules, regulations and tariffs in effect on the date of issuance of the air waybill by Carrier or on the date of the shipment record, whichever is applicable, provided that in the event of inconsistency between these Conditions and Carrier’s rules, regulations and tariffs, these Conditions shall prevail.

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