ARTICLE 1. PURPOSES
These Conditions are issued for the purposes as follows:
1.1. They are a basic legal framework governing relationship and operation of cargo transport on flights of Vietnam Airlines JSC, herein after as the Carrier;
1.2. They are the basis for the Carrier to issue regulations and instructions of cargo transport performance on flights of the Carrier.
ARTICLE 2. SCOPE
2.1 These Conditions apply to cargo transport on flights of the Carrier.
In case cargo transports on flights of other carrier, the general conditions of that carrier shall be applicable.
2.2 The Carrier reserves the right to exclude the application of all or any part of these Conditions to gratuitous transport.
2.3 With respect to cargo transport pursuant to a Charter Agreement:
2.3.1. These Conditions shall apply to such agreement, where the Carrier has no charter tariff applicable to such Charter Agreement, except that the Carrier reserves the right to exclude the application of all or any part of these Conditions.
2.3.2. These Conditions shall not apply to cargo transported on charter flights subjected to the Carrier’s charter tariffs applicable thereto (if any) except to the extent provided in said charter tariff.
2.3.3 In case of divergence between these Conditions and any terms and conditions specified under a Charter Agreement, the latter shall prevail and the shipper, by accepting transport pursuant to a Charter Agreement, agrees to be bound by the applicable terms thereof.
ARTICLE3. SUBJECTS
3.1. Vietnamese organizations and individuals; foreign organizations and individuals, herein after as “organizations and individuals” having demand to transport cargo and providing related services.
3.2. Offices and units under the Carrier.
ARTICLE 4. DEFINITION
In these Conditions, following terms can be understood as explained below:
4.1. Conditions: General Conditions of cargo carriage of Vietnam Airlines JSC.
4.2. The Carrier: Vietnam Airlines JSC.
4.3. Offices: Corporate Affairs, Departments and equivalent ones of Vietnam Airlines JSC.
4.4. Units: subsidiaries, branches, representative offices and other units in the structure of Vietnam Airlines JSC.
4.5. Transport: Carriage of cargo by air or by another means, whether gratuitously or for reward.
4.6. Agent: Except when the context otherwise requires, any person or organization to act for or on behalf of the Carrier in relation to the transport of cargo following the agent agreement or being authorised by the Carrier, unless that person is acting as the shipper with respect to a shipment governed by these Conditions.
4.7. Shipper: The person whose name appears on the air waybill, as the party contracting with the Carrier for transport of cargo.
4.8. Consignee: The person whose name appears on the air waybill, as the party to whom the shipment is to be delivered by the Carrier.
4.9. Cargo: Any property that is transported or is to be transported in the cargo holds of aircraft under an air waybill other than mails, baggage and properties of the Carrier. However, baggage being transported under an air waybill is cargo.
4.10. Shipment: Except as otherwise provided herein, one or more packages, or bundles of cargo accepted by the Carrier from one the shipper at one time and at one address, receipted for in one lot and under a single air waybill, for transport to one the consignee at one destination address.
4.11. Contract of carriage is an agreement between the Carrier and the shipper, in which the Carrier is obliged to transport cargo to the specified destination and deliver cargo to the consignee, the shipper shall pay the service prices.
Air waybill, other written agreement between the Carrier and the shipper, these Conditions, the air cargo tariff are documents of the cargo contract of carriage.
4.12. Air waybill: The cargo transport document which evidences the contract between the shipper and the Carrier for transport of cargo and evidences cargo acceptance and contract conditions. An electronic air waybill has the same validity and effect as a paper air waybill.
4.13. Shipment Record: Any record of the contract of carriage preserved by the Carrier, including the set of electronic data describing the cargo stored in the Carrier’s database and is the appearance form of electronic air waybill. Shipment record should be accessed and used for reference when necessary.
4.14. Cargo Receipt: A document (either in paper form or electronic form) provided to the shipper by the Carrier permits identification of the shipment that has been accepted and deemed “ready for carriage” in case of using E-AWB.
4.15. Conventions, unless the context requires otherwise, conventions applied to the contract of carriage:
4.15.1. The Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (Warsaw Convention);
4.15.2. The Warsaw Convention as amended at The Hague on 28 September 1955;
4.15.3. Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Montreal on 28 May 1999.
4.16. Chargeable weight: Chargeable weight can be either gross weight or volume weight of the shipment, whichever is higher, provided that where a lower charge for a higher minimum weight applies, the latter shall be retained as chargeable weight.
4.17. Total service price (hereinafter referred to as charge): is total amount of money that the shipper must pay to the Carriers when using their air cargo transportation services
4.18. Pick-up service: The surface transport of outbound shipments from the point of pick up at the address of the shipper or that of his designated agent to the airport of departure, including any surface transport between airports.
4.19. Delivery service: The surface transport of inbound shipments from the airport of destination to the address of the consignee or that of his designated agent or to the custody of the appropriate government agency when required.
4.20. Days: Full calendar days, including Sundays and legal holidays.
4.21. EDI: abbreviation of Electronic Data Interchange which is understood as the exchange of data by electronic.
4.22. SDR: means a Special Drawing Right as defined by the International Monetary Fund (IMF). It is an international unit of account based upon the values of several leading currencies. The currency values of the SDR fluctuate and are re-calculated each banking day. These values are known to most commercial banks and are reported regularly in leading financial journals as well as the website of the IMF (www.imf.org).
4.23. SLI: abbreviation of Shipper’s Letter of Instruction which is a document containing instructions given by the shipper or his agent for preparation of documents and forwarding.
4.24. ULD: abbreviation of Unit Load Device of aircraft including containers, igloos, pallets.
4.25. PP: abbreviation of Prepaid, means a payment method that the shipper pays in the country of commencement of transportation weight charge and valuation charge as well as other charge at the time of acceptance thereof by the Carrier.
4.26. CC: abbreviation of Charge Collect, means a payment method that the consignee pays weight charge and valuation charge as well as other charge at the time of delivery thereof by the Carrier.
4.27. Authority: is the government agency, the specialised agencies or the authorised organizations/individuals.
4.28. Damage: means the destruction or the total or partial loss of, or damage to cargo upon condition only that the event which caused the damage sustained took place during the carriage by air. Additionally, it means damage occasioned by delay in the carriage by air of cargo.
4.29. The Carrier’s website is vietnamairlines.com