GOVERNED
air shipments of loads

Section 1. Generals

1.1. These Rules are prepared on implementation of Program of integration of Ukraine to European Union, approved by Decree of President of Ukraine from September, 14, 2000 N 1072, in accordance with the article 62 of the Air code of Ukraine, of Law of Ukraine "About defence of rights for users" and point 3 of Statute about Government service of Ukraine from the supervision after providing of safety of aviation, ratified by Decree of President of Ukraine from August, 16, 2004 N 912.

1.2. Rules are developed taking into account positions of Warsaw convention and Conditions of the agreement of transportation of the loads set by International association of air transport ("Air Waybill - conditions of contract", IATA, Resolution 600b).

Section 2. Purpose

Purpose of these Rules - to set the general conditions of transportation of loads by an air transport, which the proper strength security of flights and quality of transportations is provided for.

Section 3. Terms and determinations which are used in Rules

An aviation freight invoice (or transporting invoice) is the document, designed by a shipper or on behalf of shipper, including his electronic copy (in the case of application), which is the certificate of conclusion of treaty of transportation and acceptance of load to transportation subject to the conditions, certain in him (farther is aviation load invoice). Aviation load invoice equivalent to the report about sending and can be used for transportation, as certain in these Rules. If these Rules do not foresee other, under a term a "aviation freight invoice" is understood also receipt on the receipt of load.

An agent is the person, empowered by a ferryman or shipper (by a consignee) to execute the separate operations related to transportation I load.

Reservation (or reservation) - on an air ship on a certain trip and date for transportation I load the previous order of capacity (volume and tonnage).

A load (or commodities) is property, that is transported or is subject to transporting by an air, ground, marine (river) transport or which the operations foreseen by these Rules are in relation to, except for postal mails and other essential element, that is transported in obedience to an international postal agreement, and luggage, that is transported pursuant to a baggage-check.

A shipper is a principal or other person, that operates on behalf of principal and which is marked in a aviation load invoice as shipper.

A consignee is a person, that is marked in a aviation load invoice as consignee.

Warsaw convention - in dependence on that, which from the stated documents below is used in relation to the agreement of transportation, will mean:

Convention from standardization of some rules, that are up to the international air shipments, signed in Warsaw 12.10.29, with the changes taken away by Hague Protocol, signed in Hague of 28.09.55;

Convention additional to Warsaw convention, for standardization of some rules, which are up to the international air shipments which are carried out by persons, that are not ferrymen by agreement, signed in Guadalajara 18.09.61 (it is used at transportations which are foreseen by a section 17 these Rules).

The certain categories of loads are loads, transportation of which taking into account character must be carried out after the special terms. The certain categories of loads include perishable, moist, valuable, heavy, overall load, long-length, dangerous loads; living animals; transport vehicles motor-car and; loads which strongly stink; commodities of the military and double setting; works of art and museum-pieces; unattended luggage; human remains; small packages and others like that.

Sending (expedition) is some favour which is given by a ferryman, other, than transportation, including logistic in relation to loads, and also broker, insurance, custom, financial services and others like that.

The owner (or principal) of goods is a side, that concluded a treaty with a ferryman in relation to transportation of load.

Days are calendar days, including all seven days week, festive, initial and non-working days on condition that at the grant of report the day of sending of report is not taken into account and that at determination of duration of action a day, in which a air freight invoice is given out or transportation began in which, is not taken into account.

The agreement of the mixed transportation is an agreement, pursuant to which the operator of the mixed transportation on condition of payment of payments for transporting is obligated to carry out or provide realization of the mixed transportation of load.

Genevan convention is Convention of the United Nations Organization about the international mixed transportations, that signed in Geneva 24.05.80.

The applied laws are laws, decisions and orders, and also other legal normatively acts which regulate realization of transportations of loads of some country, from territory, on territory and through territory of which transportations of loads are carried out, and positions of which must be used as contractual terms, even if their application will inflict harm to the shipper.

Collections are a sum, that is added to the tariff and is paid for services at transporting of load and which is determined pursuant to terms transportations or services at such transportation.

Mixed transportation - I load transportation no less than by two types of transport, that is carried out pursuant to the agreement of the mixed transportation from a place, where a load is passed under the control of operator of the mixed transportation, to the certain place of delivery. Operations in relation to the export or delivery of loads which are carried out pursuant to the agreement of transportation by only one type of transport, as certain in such agreement, ignore by the mixed transportation.

Code of ferryman - two signs which identify the proper ferryman.

The commercial agreements are some agreements between ferrymen (except for the agent agreement and agreement of the mixed transportation), which are up to the grant of their general services related to the air shipments of loads.

The CMR Convention is Convention about the agreement of international road transportation of loads, that signed in Geneva 19.05.56.

The COTIF-CIV Convention is Convention about international railway transportations, that signed in Берні 09.05.80.

A custom broker (mediator) is an enterprise, that carries out declaration of commodities and transport vehicles which move through the custom border of Ukraine, and has a license to a right for realization of custom broker activity, given out by the specially empowered central organ of executive power in industry of custom business. An enterprise-resident can be a custom broker only. On behalf of this enterprise of declaration of commodities and transport vehicles which move through the custom border of Ukraine, can carry out his separated structural subdivision (branch, representative office and others like that).

Extraordinary terms are terms, for which transportations of loads do not fall under ordinary operations and procedures of exploitation of civil air ships, including terms, which transportations of peacemaking contingent are carried out at, transportations for liquidation of consequences of elemental misfortune or failure and others like that.

Service to the eventual city point (Road Feeder Services) is part of air shipment of load, that is carried out by the ground vehicle within the limits of custom territory of one country and is examined as transportation, that is carried out in a period time of air shipment.

The operator of the mixed transportation is a person, which from the proper name or through other person, that has authority from such person, enters into contract of the mixed transportation as side of agreement, undertakes the obligation for implementation of agreement and which is not the agent of shipper or ferryman, that take part in operations in relation to the mixed transportation.

A ferryman (or airline) is a person, that takes permanent place of activity in Ukraine and which is the side of agreement in relation to transportation, and also all other persons, that take part in transportation pursuant to a air freight invoice and undertake the obligation to execute transportation. With a purpose there are liberations and limitations of the responsibility foreseen or mentioned in these Rules or in some other document, the term "ferryman" includes agents, office workers, representatives and contractors of ferryman, if Rules do not foresee other.

Confirmed reservation - on an air ship on a certain trip and date for transportation I load the selection by the ferryman of capacity (volume and tonnage) fixing of her after a person, that asked reservation.

Air shipment is transporting of commodities by an air transport, including period, when commodities are under the control a ferryman as air ferryman.

A previous agreement is some special agreement between a shipper and ferryman, done preliminary to sending I load.

Services are all actions made a ferryman or on behalf of ferryman individually or in combination, including the air shipment, sending (expedition), physical distributing, transporting by the ground, marine (river) vehicle, service to the eventual city point.

Rules of ferryman - governed, instructions and technologies set by a ferryman, which are used at transportations of loads, including rule of air shipments of loads, application rule of tariffs and collections, standards from treatment of loads, condition of expedition of loads.

Hague-Visby Governed is International convention about standardization of some rules about the bill, of lading that signed in Brussels 25.08.24, with the changes in accordance with Brussels protocol from 23.02.68.

The point of departure is the air-port marked in a aviation load invoice, which transportation of load begins from.

The point of setting is the air-port marked in a aviation load invoice, transportation of load is closed in which.

The special terms are the terms of transportation of loads which arise up as a result of character of loads either to disparity of positions of these Rules to the rules of other country or if by the rules of other country the set lower level in relation to the terms of transportations, than that is set by these Rules, or if other country requires the observance of its rules and there here is the threat of implementation of agreement of transportation.

The exacted collections are the collections marked in a aviation load invoice, which must be prepaid by a consignee.

A tariff is the sum set by a ferryman for transportation of unit of weight (volume) I load.

Tariff norms - set and tariffs and their application rules are published by a ferryman.

Transporting (or transportation) is a separate favour or some combination of services which are given by a ferryman (or from his name). If other is not set in these Rules, under the term of "transporting" it follows to understand transportation of loads, that is carried out in accordance with the agreement of transportation, at which pursuant to determination of sides point of departure and point of setting regardless of was or not stop in transportation or the overloads, placed either on territory of two different countries or on territory of one country, if the concerted stop is foreseen on territory of other country, and also transportation of loads between two points which are placed on territory of Ukraine.

Transporting by a marine (river) transport is transporting of commodities by a marine or river transport, including a period, when commodities are on a ship under the control a ferryman as ferryman a marine (river) transport.

Transporting by the ground vehicle is transporting of commodities by a motor or railway transport, including a period, when commodities are on a transport vehicle under the control a ferryman as ferryman the ground vehicle.

The physical distributing is some operation in relation to treatment of loads, which is carried out during time, when commodities are under the control a ferryman as air ferryman, including the load, unloading, ground treatment, packetings, selection, storage, collection, opening of cargo bays, consolidation and deconsolidation, improvement of control of storage, treatment of orders, registration of accounts, exchange by information, management in relation to commodities or some operations, other, than air shipments, transporting by the ground or marine (river) vehicle, services to the eventual city point.

The force-majeure circumstances are the unusual and unforeseeable circumstances beyond control of ferryman and shipper (consignee), the consequences of which can not be avoided even at announcing of most efforts.

Charter transportation is transportation by a "actual ferryman", which pursuant to the plenary powers got from a "ferryman by agreement" (freightman or operator to the trip), executes part or all transportation pursuant to the agreement of charter.

Section 4. Purview

4.1. Application of international norms

If some position of these Rules contradicts by the provision of international contract which is part of legislation of some country, on territory, from territory either through territory of which transportation is carried out or to the national legislation of such country, that threatens to implementation of agreement of transportation, such position of these Rules is not used.

4.2. General conditions of transportation

4.2.1. These Rules are used in relation to all commercial operations from transporting of load (including to the international and internal air shipments), that is carried out by a ferryman, уключаючи service, that belongs to these transportations, and if a ferryman will not set other, - in relation to free operations. If there are the grounds for the clever doubting in relation to the terms of transporting, a ferryman has a right to own discretion to determine, what positions of these Rules it follows to apply.

4.2.2. Taking into account the point 4.1 of this section these Rules must be examined by foreign airferrymen as imperative norm of national legislation and be necessarily spread on foreign ferrymen which carry out the sale of freight transportations on territory of Ukraine, in part of information of principal in the order set in a section 23 these Rules.

4.2.3. If transportation of load includes operations from the air shipment or physical distributing, such transportation is regulated by these Rules and Instruction from organization of transportations of loads by an air transport, ratified by the State aviation service order from 02.11.2005 N 822, incorporated in Ministry of justice of Ukraine 21.11.2005 for N 1403/11683.

4.2.4. All operations from transporting of loads, which are marked in the point 4.2.1 of this section, are the object of rules of ferryman, and also tariff norms of ferryman, operating upon the date of delivery of aviation freight invoice, and if it is impossible to define such date, - upon the date of beginning of transporting. At transporting of loads rules, tariffs and collections, are used, that registration of aviation freight invoice is operated on a date from the initial point marked in a aviation load invoice.

4.2.5. These Rules and rules of ferryman, and also tariff norms of ferryman with the changes taken away in them can not be applied to the agreement of transportation of load without the report about it shipper after the date of delivery of aviation freight invoice, exept for the cases when it can be required pursuant to the applied laws.

4.2.6. Transportation of postal mails is carried out pursuant to rules which are used to the relations between a ferryman and proper postal administration.

4.2.7. Transportation of loads, which providing accordance to these Rules and other set rules is practically impossible in relation to, and also transportation of certain categories of loads (except for dangerous loads) ferryman has a right to carry out only at the special terms foreseen by the point 4.3 of this section.

4.2.8. Transportation of dangerous loads ferryman has a right to carry out only at the special terms, set " By technical instructions on safe transportation of dangerous loads on air ", IKAO, Doc 9284/905. Transportation of dangerous loads, which providing accordance of " By technical instructions on safe transportation of dangerous loads on air " is practically impossible in relation to, a ferryman has a right to carry out only at the special terms foreseen by the point 4.3.1 of this section. Thus the general level of quality and safety at such operations is to be at least equivalent to the level, that was provided at implementation of all requirements set " By technical instructions on safe transportation of dangerous loads on air ".

4.2.9. Rules are not used at transportation of loads, which are carried out at extraordinary terms which do not fall under ordinary operations and procedures of exploitation of civil air ships.

4.3. Special terms of transportation

4.3.1. If it is led to by a ferryman, and by the proper state organ it is admitted that it is practically impossible to execute the set terms of transportation of loads and that the set terms of transportation of loads can be well-to-do due to application of alternative facilities, such organ can confirm single operation or planned series of a few operations from transporting of loads at the special terms. The general level of quality and safety at such operations is to be at least equivalent to the level, that was provided at implementation of all set requirements. If operations from transportation of loads are the including international air shipments, there is to be multilateral claim of the special terms.

4.3.2. The rules of ferryman in relation to application of the special tariffs are the special terms of transportation.

Section 5. Providing of quality of transportations of loads

5.1. These Rules, Instruction from organization of transportations of loads by an air transport and the rules of ferryman must make the program of providing of quality at transportation of loads.

5.2. New rules, standards, norms, technical terms, technologies, instructions, guidance are to answer the program of providing of quality.

Section 6. Aviation load invoice

6.1. Agreement of transportation

6.1.1. At transportation of load a aviation load invoice is given out. In place of aviation freight invoice other facilities which provide saving of information on his transporting in an electronic kind can be used. At application of such facilities a ferryman has a right to give out a document to the shipper, that replaces a aviation freight invoice.

6.1.2. A aviation load invoice confirms existence of agreement of transportation of load between a ferryman and shipper, which are marked in this document, and I load acceptance to transportation subject to the conditions, certain in this document.

6.1.3. Some information in a aviation load invoice in relation to weight, sizes that packing load, and also seating capacities are the certificate of the put information in a fame. Information in relation to an amount, to the volume and state of load is not proof against a ferryman, except for the cases when the such given are up to the actual state of load and ferryman realizable these background check in presence a shipper, about what the done mark in a aviation load invoice.

6.1.4. The conditions of the agreement of transportation, resulted in a aviation load invoice, must not conflict with these Rules.

6.1.5. Absence, error or loss of aviation freight invoice, influence neither on existence nor on reality of agreement of transportation.

6.2. Registration of aviation freight invoice

6.2.1. A shipper must design or have the designed on its own behalf aviation load invoice in the form of, amounts of copies and method, set by a ferryman, and to give a such aviation load invoice to the ferryman together with a load not later than than in time certain by a ferryman (by his agent).

6.2.2. If given in relation to tariffs collections were not certain, a ferryman must specify a sum in a aviation load invoice, that falls due by a shipper for transporting of load.

6.2.3. At transporting of a few places I load, if it is impossible to transport commodities on one air ship (on one transport vehicle) or if transporting of commodities after one авіавантажною invoice is forbidden by the applied laws or rules of ferryman, a ferryman has a right to require from a shipper registration of aviation load invoices separately into every place of load.

6.2.4. A ferryman on the statement of shipper can design a aviation load invoice and exact the proper pay for it from a shipper. Thus a ferryman operates by approbation and on behalf of shipper. If by a shipper the given aviation load invoice (or other information and instructions on commodities) which wrong is filled, does not contain all necessary information and instruction in relation to a load or contains some error, a ferryman has a right, but is not under an obligation, to do in a aviation load invoice necessary corrections or design a new aviation load invoice. Thus a ferryman operates on behalf of shipper, undertaking no obligations in relation to such actions.

6.2.5. A ferryman has a right not to adopt a load to transportation, if a aviation load invoice has the corrections done by a not ferryman (by his agent), wiped or illegible records up.

6.3. I load the state

If I load the state or him packing unsatisfactory or a load or packing is damaged outwardly, a shipper must specify the actual state of load in a aviation load invoice. If a shipper is unable to do it or if the indicated information is unclear, a ferryman has a right to plug in a aviation load invoice information about the actual state of load, his special properties or to specify the information more before plugged in a aviation load invoice. It is thus considered that a ferryman operates on behalf of shipper.

6.4. I load character

A ferryman has a right to require from a shipper to give writing information in relation to character of load, if it is required by the proper applied laws.

6.5. Responsibility of shipper

6.5.1. A shipper is responsible to the ferryman (by other persons) for a rightness, exactness and plenitude of information and instructions in relation to a load, included by him (or from his name) in a aviation load invoice or given to the ferryman for including in a aviation load invoice.

6.5.2. A shipper is responsible to the ferryman for some harm, caused to him or other person through an error, inaccuracy or incompleteness of information and instructions, in relation to a load, included by him (or from his name) in a aviation load invoice or given to the ferryman in relation to a load.

6.5.3. Without regard to the point 6.5.2 of this section, a ferryman is responsible to the shipper for some harm, caused to the shipper or other person through an error, inaccuracy or incompleteness of information and instructions included by a ferryman (from his name) in a aviation load invoice in relation to a load.

6.6. Abbreviations

The name of ferryman, except for his complete name, can be also pointed in a aviation load invoice as the code of ferryman.

Section 7. Tariffs and collections

7.1. Tariffs and collections which are used

7.1.1. For transporting I load tariffs and collections, applied by a ferryman, must be published by a ferryman or from his name (or if not published, expected pursuant to the tariff norms of ferryman) and deliveries of aviation freight invoice actual on a day. If tariffs or collections do not answer the published levels, a difference between the published level and applied tariff or collection must be returned to the shipper (to the consignee) or exacted from a shipper (consignee).

7.1.2. If other is not set by a ferryman, the published tariffs and collections include the air shipment of load between air-ports certain by a ferryman or between an air-port and other point of landing or point which is contained near the point of landing. To the such published tariffs and collections does not enter:

1) payment for loading, delivery and city terminal maintenance of до/від air-port, if these services are not provided by a ferryman;

2) payment for storage and ware-house services, and also grant of facilities of service;

3) payment for services in insurance;

4) realization of advance payments;

5) payment for custom registration of commodities;

6) collections (including custom collections), taxes, and also fines imposed or exacted by the proper state organs or airport authority (certain in the point 7.1.5 of this section);

7) charges, by a зазнані ferryman for renewal of damaged packing;

8) payment for transportation in reverse direction from the point of setting to the point of departure or to other point, than point of setting, if such transportation is not carried out in decision of ferryman.

7.1.3. Tariffs and collections are published by a ferryman have priority in relation to combination of intermediate tariffs and collections which are used between those points after a the same route.

7.1.4. If two or more collections answer the same commodity, in that form of sending, after a the same route, the lowest is used from the noted collections:

1) collection, expected to the amount of commodity which is to be sent on a tariff, that is used to such amount;

2) collection, expected to more greater amount of commodity which is to be sent on a lower tariff, that is used to such more greater amount;

3) collection, that is used to parties of loads.

7.1.5. All taxes, duty and collections which are imposed at transportation of load by state organs or airport authority of some country, on territory, from territory or through territory of which transportation is carried out, does not join in the published tariffs collections and fall due by a shipper or consignee. A ferryman can (but is not under an obligation) pay such taxes, duty and collections.

7.2. Payment of tariffs and collections

7.2.1. Payment of tariffs and collections can be done in other currency, than that, these tariffs and collections are published in which. The course of exchange settles accounts thus:

1) in the case of previous payment of tariffs and collections for transportation (that payments of tariffs and collections by a shipper during his acceptance by a ferryman I load to transportation) the bank course of exchange of currency, which is used by a ferryman in the day of delivery of aviation freight invoice, is used;

2) in the case of payment for transportation at delivery of load (that payments of tariffs and collections by a consignee during delivery I load) the bank course of exchange of currency is used, actual on a day, when the report about arrival of load was sent to the consignee, or on the day of payment of such tariffs and collections.

7.2.2. All sums, collections, taxes and advance payments prepaid by a ferryman, and some other sums which are subject to payment by a ferryman are considered applicable to the agreement of transportation regardless of whether a load is considered lost, damaged or such, that can not be delivered in the point of setting, marked in a aviation load invoice. In relation to indemnification in the case of loss or damage of load must not be dealt with no claims, lawsuits and requirements by a ferryman, while the all applied sums, collections, taxes and advance payments, in relation to his transporting will not be prepaid, except for the cases when some part to the commodity is not delivered. In relation to an undelivered load must be dealt with claims, lawsuits and requirements by a ferryman, even if all sums, collections, taxes and advance payments, charges, from his transporting are not prepaid. Sums for transporting of part of load can not be taken away from a lump sum, that is subject to payment for transporting of all load.

7.2.3. If the size of charges or payments in relation to transporting of load can not be certain during the transmission of load for transporting, a ferryman has a right to require that a shipper took away to the ferryman a sum certain by him as sufficient, to defray such expenses and payments. The final count between a ferryman and shipper in connection with such deposit is to be done after implementation of agreement of transportation of load and determination of exact sum of such charges and payments.

7.2.4. Except for those cases, when a ferryman consents to continue the extension of credit, the transportations of sum all applied to the agreement fall due by a method acceptable to the ferryman during acceptance I load to transportation.

7.2.5. A shipper must guarantee to the ferryman payment of all unpaid payments and advance payments, which are done or which must be done by a ferryman, and all charges, payments, fines, losses of time, losses and other sums, that a ferryman tested in connection with:

1) уключенням to the load of wares, transportation of which is forbidden pursuant to the applied laws;

2) by the wrong or insufficient marking, numeration, addressing, packingм commodities or by description I load;

3) by absence, delay either by unclear of some permission on the export or import or some necessary certificate or document which is required by the proper state organs;

4) by wrong custom estimation;

5) by the wrong statement in relation to weight or volume of commodities which are subject to transporting.

During realization of supply or at implementation of some other obligations by a ferryman, that is the result of agreement of transportation of load, a consignee is under an obligation to pay all unpaid advance payments and payments, which were done by a ferryman, and all charges, payments, fines, losses of time, losses and other sums which were tested by a ferryman, except for the preliminary prepaid collections, but such obligation does not release from the obligations of shipper in relation to the grant to the ferryman of guarantees of payment of the noted sums, if other is not foreseen by an agreement. A ferryman has a right to dispose of mortgage in relation to each of previous operations from transporting of load and in the case of non-payment of payments proper to him has a right to realize a commodity for redemption of the charges on condition that before to sell, a ferryman will send all remarks and reports about it to the shipper (to the consignee) to address marked in a aviation load invoice. No such sale releases a ferryman from the obligations under the agreement of transportation of load, and also from responsibility of shipper (consignee) in relation to payment of some proper sums, for which they will answer all together or each separately in accordance with guilt of each of them. No such right to dispose of mortgage or carry out the sale must be used by a ferryman after the supply of commodity or transmission of him under responsibility to the consignee.

7.2.6. If gross weight I load, his sizes, amount or declared value of load, at transporting will exceed gross weight, I load sizes, amount or declared value, which a freightage was preliminary expected in accordance with, a ferryman has a right to claim payment by a shipper or consignee of such changes in a cost.

7.2.7. The changes in the cost of the preliminary prepaid transportation of load can be applied to the agreement of transportation on condition that the query is on that score done in writing to the supply of load to the consignee (to his agent).

7.3. Rounding off of sizes

7.3.1. If at the calculation of tariff (collection) his size has fractional part, rounding off of such size is carried out to the nearest whole size pursuant to the rules of ferryman.

7.3.2. The geometrical measurings will settle accounts taking into account most measurings after a height, width and length, and if packing of commodities is linked between itself, - most measurings of linked packing.

At rounding off of the geometrical measurings size of fractional part:

will be reduced to the whole centimetre (inch), if the size of fractional part is less, than half one centimetre (inch);

will be megascopic to the whole centimetre (inch), if the size of fractional part is more than half one centimetre (inch).

7.3.3. Rounding off of fractional part more small, than half one kilogram, a to half is carried out kilogram, rounding off of half kilogram or fractional part more large, than half one kilogram, is carried out to the whole kilogram of more greater weight.

7.3.4. Rounding off of fractional part of pound is carried out to the whole pound of more greater weight.

7.4. Calculation of tariffs and collections

7.4.1. Tariffs and collections for transporting of load must settle accounts in the air-port of sending, coming more greater size of weight or volume from, thus:

1) if the applied tariffs and collections are published for the pound of weight, they must settle accounts, coming gross weight from I load taking to account that for transporting I load tariffs and collections, the geometrical measurings of which exceed 6000 cube centimetres on one kilogram, must settle accounts, coming one kilogram from on every 6000 cube centimetres;

2) if the applied tariffs and collections are published for the pound of weight, they must settle accounts, coming gross weight from I load taking to account that for transporting I load tariffs and collections, the geometrical measurings of which exceed 166 cube inches on one pound, must settle accounts, coming one pound from on every 166 cube inches.

7.4.2. A shipper must declare the value of load regardless of the applied tariffs and collections. Such declaration of value can be some on condition that NVD (undeclared value) can answer the such declared value.

Collection for transporting of load with the declared value settles accounts pursuant to the rules of ferryman. A value for the kilogram (pound) of load is determined by the division of the declared value declared by a shipper, by actual gross weight I load.

7.5. Minimum pay

A ferryman has a right to set the minimum pay for transporting of load. The such minimum pay will be used, if the collection expected pursuant to the applied tariffs (by collections) and actual weight (by a volume) I load, less minimum pay set by a ferryman.

7.6. Receipt of sums from a consignee

On call of shipper a ferryman has a right to get from a consignee in the point of setting the sum marked in a aviation load invoice, as for transporting I load payment.

7.7. Refusal in transportation through non-payment of tariffs and collections

A ferryman is not under an obligation to carry out transportation of load and has a right to say no in continuation of such transportation, if such transportation was not prepaid in accordance with an operating tariff and collections and other payments proper to the ferryman were not prepaid.

Section 8. Reservation

8.1. Generals

8.1.1. Loads to transportation must be adopted by a ferryman in dependence on the presence of suitable transport vehicles and free freight capacities. For this purpose it is necessary to carry out previous reservation. Without previous reservation a load to transportation can be adopted on routes certain by a ferryman and at weight found by a ferryman (volume).

8.1.2. The confirmed reservation gives a right to transportation of load only in that day and on that trip, on which realizable reservation of the proper capacity, and between those points, that were certain at reservation between a ferryman and shipper and borne in a авіавантажну invoice.

Reservation is considered previous until a ferryman did not give out the properly designed авіавантажну invoice to the shipper.

8.1.3. Certain categories of loads, and also loads certain by a ferryman, is not accepted to transportation without the confirmed reservation after all route of transportation.

8.1.4. The statement of shipper on reservation must include such these:

I load the name, seating capacity, gross weight and volume;

sizes of every place;

route, trip and date of sending;

name and number of document, that guarantees payment of transportation;

I load the special properties, that require the special terms of transporting or measures of suppression at his transporting and storage.

8.1.5. If by a запитуваний shipper a route is unacceptable for a ferryman, a ferryman has a right to choose a route on own discretion.

8.1.6. The statement about reservation is considered accepted by a ferryman from the moment of report about it person (shipper or ferryman) which did the query about reservation.

8.1.7. Reservation on a certain trip is invalid and will not lay on the ferryman of some obligations, if:

1) a shipper did not pay for transporting a load in terms which are set by a ferryman;

2) to the shipper the not given (through fault of shipper) properly designed aviation load invoice out on transportation I load by the proper trip and in the proper columns of aviation freight invoice the not done mark about reservation.

8.2. Time of delivery I load to the place of sending

8.2.1. A shipper is under an obligation to deliver a load in an air-port or elsewhere sending not later than than in time certain by a ferryman (by his agent) for implementation of administrative formalities and proper procedures in relation to sending I load.

8.2.2. If a shipper did not deliver a load to the set term, whether delivered him with wrong processed documents, or did not prepare a load to sending pursuant to the applied laws, a ferryman has a right to rescind the reservation more before done for this load.

8.2.3. A ferryman is not responsible to the shipper or consignee for losses, which are investigation of ill-timed delivery by the shipper of load in an air-port or elsewhere sending certain by a ferryman.

Section 9. Acceptance of commodities to transporting

9.1. Scopes of estimation

9.1.1. Some commodity with the declared value over 20 дол. To the USA (twenty dollars of the USA or equivalent in other currency) for one kilogram is not accepted to transporting without a previous agreement.

9.1.2. Some commodity with the declared value over 1000000 дол. To the USA (one million or equivalent dollars of the USA in other currency) is accepted to transporting only on the special terms.

9.1.3. The declared value of commodity at transporting can not exceed the stated value for custom organs.

9.2. Packing and marking of commodities

9.2.1. A shipper is responsible for the due of packing commodities, that is accepted to transporting and which it is possible to transport at ordinary terms, to the not зашкоджуючи passengers, other loads, air ship (to other transport vehicles which take part in transporting), terminals of air-ports. A ferryman has a right to renounce to adopt commodities to transportation, if gross weight, sizes, amount or declared value, do not answer preliminary declared or concerted with a ferryman. Shipper and consignee together or each separately, in accordance with guilt of each of them, must recover the losses, inflicted to the ferryman (to other ferrymen which took part in transportation), passengers, other shippers, air-ports, if character of load appeared at transportation, about which it was not earlier declared and which harm was caused through, if other is not foreseen by an agreement.

9.2.2. Commodities must be packed thus, to guarantee their safe transporting at ordinary terms transportations and treatments. Every place of load must промарковане with causing of the name and complete postal address of shipper and consignee, and if the address of actual consignee is other, than that is marked in a aviation load invoice, such other address of actual consignee must be marked in a aviation load invoice.

9.3. I load acceptance

A ferryman is under an obligation to check up the fitness of load and him впакування for transporting, for treatment I load the fitness of the proper equipment and to provide the proper terms for the safe transporting of load, if:

1) transporting, expedition, I load the import not forbidden by the applied laws;

2) I load packing suitable for his transporting on an air ship;

3) a load is accompanied by necessary documents;

4) a load does not harm to the passengers, other loads

to the air ship.

9.4. Special terms of acceptance to transporting of loads

9.4.1. A load is adopted to transporting only after previous payment, if:

1) a consignee is an incompetent person;

2) a consignee is a governmental agency (exept for the cases when the proper governmental agency gives the properly designed guarantees of payment);

3) a load perishable or load consists of other categories certain by a ferryman;

4) the applied laws of country of setting forbid payment of transporting of load directly at his delivery.

9.4.2. A bulk and довгомірний freight is not adopted to transporting without a previous agreement. If for treatment of bulk and довгомірного freight the necessary special facilities, he is adopted to transporting, if such facilities are well-to-do and is used due to a shipper or вантажоотримувача.

9.4.3. Weights which have pressure on unit of area, that exceeds the limitations set by a ferryman, must be provided with the proper additional facilities for the use on an air ship for diminishment of pressure on unit of area. Weight of such additional facilities joins in weight of all load.

9.4.4. A shipper or principal answer all together or each separately, within the limits of guilt of each of them, for the failure to observe of the special terms of acceptance to transporting of loads and are under an obligation to compensate some payments and charges to the ferryman, that carried out by a ferryman or exacted from a ferryman in connection with transporting of such load, if other is not foreseen by an agreement.

9.5. I load a review

A ferryman has a right to do the review of упакувань and commodities and to require from a shipper additional documents and information on character of packing and I load.

Section 10. Transfer load

10.1. Accordance to the requirements of state organs

10.1.1. A shipper is under an obligation to adhere to all applied laws and other administrative formalities foreseen by a section 19 these Rules, and to give information and documents to the aviation freight invoice, which are needed for implementation of the such applied laws.

10.1.2. A ferryman is not under an obligation to determine a rightness and sufficient of such information and documents. A ferryman is not responsible for losses through violation by the shipper of the such applied laws in connection with no grant of necessary information and documents.

10.1.3. A ferryman will not answer, if he will halt transporting of load with the purpose of implementation of the applied laws.

10.2. Custom formalities

10.2.1. If a ferryman will pay some services, taxes, fines or some other collections related to transporting I load in advance, shipper and consignee together or each separately, within the limits of obligations of each of them, must compensate such charges to the ferryman.

10.2.2. At the import of commodities it is considered on custom territory of the proper country, that a load is sent to the custom broker in the point of setting, that is indicated in a aviation load invoice, or if such person is not certain, it is considered that a load is sent to the ferryman or such custom broker which will be defined by a ferryman. To that end the copy of aviation freight invoice is considered an original.

10.3. Rights for a ferryman at transporting of transfer load

If, in opinion of ferryman, it is necessary to detain a load in some point, with some purpose to, during or after transportation, a ferryman can after the report about it shipper or consignee to address indicated in a aviation load invoice, to place a load for the account and under responsibility of shipper, consignee or proprietor of commodities or each of them in some composition or other place under the control local custom organs or a ferryman can deliver a commodity to other обслуговувальному agent for subsequent his transporting to the consignee. Shipper, consignee or proprietor of commodities together or each separately, within the limits of obligations of each of them, must compensate to the ferryman of expense or loss, that arose up in connection with such operation.

10.4. Curriculum of motion, abolition of trips, routes of transporting

10.4.1. Time of sending and arrival to the trip, that is marked in the curriculum of motion or other published graphs of trips of ferryman, is not guaranteed and is not obligatory. A ferryman must use all necessary measures for avoidance of delay in transportation of load, but here is not under an obligation to deliver a load by a concrete air ship (by other transport vehicle) or after a concrete route (by routes) or to provide docking in the point of docking in accordance with the concrete curriculum of motion. Without regard to the route declared in a aviation load invoice, a ferryman has a right to choose a route to destination at own discretion.

10.4.2. A ferryman will not be responsible for errors and omissions in the curricula of motion or other published graphs of trips of other ferrymen.

10.4.3. A ferryman has a right without the previous report of shipper (consignee) to abolish, say no, halt or detain transportation of load in time:

1) action of force-majeure circumstances (including unfavorable meteorological terms, extraordinary situations in the control after air motion, strikes, rebellions, civil disorders, embargoes, wars, acts of hostility, unsettled international relations, technical problems or other complications which actually threaten or do impossible safe implementation of flight) or some other factors of a similar character regardless of their actual presence, result of actions of such circumstances, origin of additional terms, necessity of queries and requirements which swim out from each of such circumstances;

2) shortage of labour force or fuel, difficulties with the personnel of ferryman or his partners, shortage of materials, insufficient development of infrastructure or technical problem;

3) decisions of state organs of country, from territory of which, on territory of which or through territory of which is carried out transporting of load, which forbid, limit or set additional terms in relation to transporting of load;

4) some other circumstances, that can endanger or influence on providing of the safe transporting of load.

A ferryman must inform in the earliest possible date a shipper (вантажоотримувача) or some other interested party of agreement about the circumstances, which entailed the delay in transportation of load, and actions begun by a ferryman.

10.4.4. A ferryman has a right to halt transportation of load in the case of refusal of shipper to pay the proper sums in relation to transportation of load.

10.4.5. In case if transporting of load is completed, delivery is done by a ferryman by the transmission of load to the consignee or some agent for a transfer or placing of such load on storage, an agreement will be considered executed in accordance with the terms marked in a aviation load invoice, and a ferryman rids of some subsequent responsibility in connection with this agreement, except for the report of shipper or consignee to address marked in a aviation load invoice, in relation to arrival I load. A ferryman can, but is not under an obligation, to send a load for transporting by some other route, here he operates only as agent of shipper (consignee). The cost of these services is added to the cost of agreement of transportation of load.

10.4.6. In the case of influence on the ferryman of the circumstances foreseen by the point 10.4.3 of this section, with the purpose of continuation of transporting of load a ferryman has a right to define priority among loads at their sending and decide, what commodities will be transported and whatever commodities will be transported or must be withdrawn in some time and in some point, and whether to continue transporting at their absence or some part of commodities in one упакуванні. A ferryman is not responsible for some damages of load or inflicted loss as a result of such determination or decision.

Section 11. Right to dispose of load

11.1. Generals

A right to dispose of load must be realized by a shipper (by his agent) and must be applied to all load which is designed by one авіавантажною invoice. A right to dispose of load can be realized, only if a shipper or his agent will give part of aviation freight invoice to the ferryman, that was delivered to him or well-kept by him. Instructions in relation to the order by a load must be timely, in writing, set by a ferryman. If a right to dispose of load will be realized to the change of consignee, a consignee, that is indicated in a aviation load invoice, will be considered a such new consignee.

11.2. Choice of shipper

If a shipper gave up transporting under the responsibility for implementation of conditions of the agreement of transportation and if realization of right for the order by a load must not be carried out by a shipper thus, to inflict harm to the ferryman (to his agent) or other shippers, a shipper can get a load thus:

recalling him in a point sending or settings;

stopping his transporting in some point of landing;

requiring his delivery to other person, than the consignee marked in a aviation load invoice in the point of setting or during transporting;

requiring his returning to the point of departure.

11.3. Payment of charges

A shipper must recover to the ferryman some charges which arose up in connection with realization of his right to dispose of load.

11.4. Realization of withholding right

Without regard to the point 11.1 of this section, a ferryman has a right to say no in realization by the shipper of right for the order by a load, if a ferryman is unable to execute instructions of shipper. About it a ferryman must reveal to the shipper. Charges which swim out from subsequent actions in relation to a load are added to the freightage.

11.5. Scopes of rights for a shipper

A right for a shipper to dispose of load is halted in that moment when on arrival of load to destination a consignee gets him in the order either asks delivery of load or aviation freight invoice or differently confirms acceptance by him to the load. If a consignee renounces to adopt commodities or авіавантажну invoice or if it is impossible to associate with him, a right to dispose of load remains after a shipper.

Section 12. Delivery I load in the point of setting and delivery of load

12.1. Delivery I load вантажоотримувачу

12.1.1. Delivery of load is considered executed, when a load is delivered to the custom broker or other state organs, as it is foreseen by the applied laws, and a ferryman sent the report about the arrival foreseen by the point 12.2.2 of this section.

12.1.2. Delivery of load must be done after the concordance by the consignee of the proper terms and terms, certain in a aviation load invoice, and registration of receipt, about the receipt in a writing form or another way.

12.1.3. If other is not certain in a aviation load invoice, the receipt of load is carried out only by a consignee, which is marked in her, either his agent or some other person, that has a right to the receipt of load.

12.1.4. Adopting a авіавантажну invoice or load, a consignee is responsible for payment of charges and payments in connection with transporting of load, if other is not foreseen by the agreement of transportation. A ferryman has a right to carry the term of delivery of commodities or aviation freight invoice depending on payment of charges and payments.

12.2. Delivery I load

12.2.1. Except for the cases when a shipper realized the rights in accordance with a section 11 these Rules, a consignee has a right to require from a ferryman, from the moment of arrival I load in the point of setting, deliveries to him payments to the ferryman of the proper sums and implementation of conditions of the agreement of transportation.

12.2.2. If about other preliminary not домовлено, a ferryman is under an obligation immediately to report вантажоотримувача about arrival of load.

About arrival I load the report, in the case of absence of other pointing, a consignee or some other person which is marked in a aviation load invoice and which a ferryman must report gets. Such report is to be sent by ordinary (clear) methods. A ferryman will not be responsible for no receipt or delay of such report.

12.2.3. If by a ferryman the acknowledged loss I load or if a load did not arrive after 7 days from a date, when he must arrive, вантажоотримувач has a right to carry out in relation to a ferryman rights which swim out from the agreement of transportation.

12.3. Waiver of receipt I load

12.3.1. If a consignee renounced or on some other reasons unable to adopt a load since he is delivered to the place of delivery, a ferryman, taking into account the point 12.5 of this section, must execute the instructions of shipper, marked in a aviation load invoice. If such instructions are absent or if they within the limits of reasonable can not be executed, a ferryman must reveal a shipper about impossibility of transmission of load to the consignee and get from him instructions in relation to subsequent actions. In the case of absence of such pointing from a shipper during 30 days a ferryman has a right to turn a load in the point of departure either to sell this commodity pursuant to the applied laws either destroy a load at own discretion or leave him at itself, if other is not foreseen by the agreement of transportation.

12.3.2. A shipper (owner of goods) must recover to the ferryman all collections, charges and payments, that arose up as a result of refusal of consignee to get a load, including (but not limiting) collections for storage and transporting to the point of departure, if such operations are done pursuant to instructions of shipper. If a load is returned to the place of sending and a shipper renounced to adopt a load or did not pay the proper sums during 15 days after return of load, a ferryman has a right to dispose of load or some his part and sell him after the grant to the shipper of report 10 days prior to realization of the intentions.

12.3.3. In the case of sale I load, as it is foreseen by the points 12.3.1 and 12.3.2 of this section, in the point of setting or in a point, where transporting was halted, a ferryman had a right to compensate due to such sale the all charges and payments, and also charges and payments of other persons which take part in transporting of load, here returning tailings of sums to the shipper. The sale of load does not release a shipper (owner of goods) from compensation to the ferryman of charges and payments, which are not covered by the facilities got from the sale I load.

12.4. Place of delivery

A consignee is under an obligation to adopt a load and take away it in the terminal of air-port of point of setting or elsewhere, which was preliminary concerted with a ferryman, if other is not certain by a ferryman.

12.5. I load the exception of certain categories

12.5.1. When a load, that consists of certain categories and is at disposal of ferryman, stays too long, not got either from his receipt renounced in the point of setting or on other reasons is under threat of spoilage, a ferryman, in the process of finding out of circumstances, has a right with the purpose of the defence, to defence of other load and defence of other sides of agreement immediately to begin such actions which considers necessary, уключаючи (but not limiting) grants of report to the shipper, for the receipt of subsequent instructions, elimination of all or some part of such load, I load storage or some his part under complete responsibility and risk of shipper, I load the sale or some his part without the report about it to the shipper. Profits from such sale must be collected by a ferryman for coverage of all charges and payments certain in connection with transporting or that swim out in connection with other operations with a load. The sale of load does not release a shipper (owner of goods) from compensation to the ferryman of charges and payments, which are not covered by the facilities got from the sale I load.

Section 13. Expedition of loads

If with the purpose of implementation of conditions of the agreement of transportation, providing of safety of flight, passengers, other loads, air ship and his crew it is necessary to carry out the freight forwarding, such operation is carried out pursuant to the rules of ferryman.

Section 14. Agreements of ferrymen

14.1. These Rules spread on transportations which are carried out in obedience to commercial agreements between ferrymen (known as agreements about the common use of codes of /codesharing/, transportation on the agreement of інтерлайн /interline/), even if other ferryman is certain in a aviation load invoice, than that actually carries out transportation.

14.2. If during the conclusion of treaty of transportation of load additional prepaid services are provided, for no grant of such services a ferryman carries responsibility before a shipper (by a consignee), limited розміром sums, prepaid for such services.

14.3. A ferryman is not responsible for services in transportation of loads, given by the third persons, with which a ferryman does not have the commercial agreements. If a ferryman independently provides for and executes such operations from transportation of loads, these Rules are used to such services. Services in transportation of loads which are given by a ferryman additionally are paid by a shipper (consignee).

Section 15. Successive ferrymen

15.1. Transportation which is to be carried out by a few successive ferrymen is considered unique transportation, if from the beginning of transportation such operation pursuant to these Rules either by determination of ferrymen is examined as unique transportation regardless of whether such transportation by one авіавантажною invoice was designed, or a few.

15.2. In the case of transportations which answer the point 15.1 of this section, which are carried out by a few successive ferrymen, every ferryman which adopts a load to transportation falls under action of these Rules and is examined as one of sides of agreement of transportation, as this agreement relates to part of transportation, that is carried out under his control.

15.3. Ferryman, that gave out a авіавантажну invoice, or the first ferryman marked in a aviation load invoice is not responsible in part of delay in transportation of load for those parts of transportation, which are executed by other ferryman (ferrymen).

15.4. In the case of elimination, loss, damage, delays in transportation of load a shipper (consignee) has a right to give a lawsuit against the first ferryman or last ferryman, and also against a ferryman which executed transportation, which eliminations, loss, damage, delay, in transportation happened during.

15.5. If it is impossible to define a ferryman which carried out transportation, which eliminations, loss, damage, happened during, delay in transportation I load, responsibility before a shipper (by a consignee) will be carried by ferrymen which took part in transportation.

Section 16. Mixed transportations

16.1. In the case of the mixed transportations, that is carried out partly air and partly by some other type of transport, an air ferryman will come forward as operator of the mixed transportation. The such mixed transportation is to be carried out pursuant to the agreement of the mixed transportation and to such transportation positions of Genevan convention, will be used if the imperative norms of national right do not foresee other. Responsibility of air ferryman for the harm caused in the case of elimination, I load the losses, damages or delays in delivery, if a case, that resulted in harm, happened in the period of time of the mixed transportation, is limited to the sums set by Genevan convention. In case if elimination, the loss, damage or delay, in delivery of load happened on the certain stage of the mixed transportation, responsibility of air ferryman is limited to the sums set:

By Warsaw convention - on the stage of the mixed transportation, transportation on which is carried out by an air transport;

By the CMR Convention - on the stage of the mixed transportation, transportation on which is carried out by a motor transport;

By the COTIF-CIV Convention - on the stage of the mixed transportation, transportation on which is carried out by a railway transport;

By the Hague-Visby Rules - on the stage of the mixed transportation, transportation on which is carried out by a marine (river) transport.

16.2. Some position of these Rules does not forbid to the sides in the case of the mixed transportations to plug in a авіавантажну invoice some other positions which are up to the mixed transportations, on condition that positions of these Rules necessarily will be used to the air shipments.

16.3. In case if an air ferryman offers transportation by other types of transport, an air ferryman comes forward as ferryman such other types of transport (except for service to the eventual city point). Thus responsibility of air ferryman for the harm, caused in the case of elimination, losses, damages or delays, in delivery I load, is limited to the sums set:

By the CMR Convention - if an airline comes forward as ferryman a motor transport;

By the COTIF-CIV Convention - if an airline comes forward as ferryman a railway transport;

By the Hague-Visby Rules - if an airline comes forward as ferryman a marine (river) transport;

By Warsaw convention - if an airline carries out service to the eventual city point (Road Feeder Services).

Section 17. Air shipments which are carried out by an actual ferryman

17.1. Ferryman by agreement. Actual ferryman

Positions of this section are used in those cases, when a person as basic side enters into contract of transportation with a shipper (farther is ferryman by agreement), and other person which is empowered to be a ferryman by agreement (farther is actual ferryman) carries out everything or part of transportation, but is not in relation to such part a successive ferryman in understanding of section 15 these Rules.

17.2. Responsibility of ferryman by agreement and actual ferryman.

During realization of the transportations foreseen by the point 17.1 of this section, a ferryman by agreement falls under action of these Rules in relation to all transportation, actual ferryman - only in relation to that transportation, that he carries out.

17.3. Lump sum of compensation

The size of responsibility of actual ferryman and ferryman by agreement is limited by the norms set by these Rules, if other is not foreseen by the agreement of transportation.

Section 18. Charter transportations

18.1. Agreement of charter not actual to the moment of payment by a ferryman by agreement to the actual ferryman of cost of charter to the trip or not while made proper credit agreement between an actual ferryman and ferryman by agreement.

18.2. Transportation of load by charter flight is designed by a авіавантажною invoice.

18.3. Before charter transportation the positions marked in such points and sections of these Rules are not used:

points 7.1 - a 7.5 section 7;

section 8;

point 9.1 of the section 9;

section 10;

section 14;

section 15;

section 16.

Section 19. Administrative formalities

19.1. Generals

19.1.1. A shipper must adhere to all applied laws of state organs of some country, on territory, from territory or through territory of which transportation is carried out, that behave to implementation of custom, currency, sanitary, quarantine and other formalities, and also all proper rules of ferryman.

19.1.2. A ferryman does not carry responsibility for services and given, given to the shipper (to the consignee) in a verbal or writing form, by a worker or agent of ferryman, or for the receipt of necessary documents which are up to the observance of the applied laws.

A ferryman is not responsible for the consequences of that can happen with a load in the case of receipt by the shipper (by a consignee) of such documents or in the case of failure to observe by him the applied laws.

19.2. Documents necessary for transportation I load

A shipper is under an obligation to give to the ferryman (to the proper state organs) all information and add to the aviation freight invoice all documents in relation to delivery of load to the consignee, necessary for implementation of custom, currency, sanitary, quarantine and other formalities.

A ferryman has a right to say no in transportation of some load, if a shipper does not adhere to the applied laws or if documents on a load are wrong processed.

19.3. Refusal in driving away I load

19.3.1. If state organs obligate a ferryman to turn in the place of sending or in other point load, driving away of which in the country of setting, transfer or transit forbidden, a shipper is under an obligation to pay to the ferryman the proper tariff for this transportation.

A ferryman has a right to deliver on payment of this tariff sums for the unused transportation or some other sums, that belong to the shipper and are at disposal of ferryman. Sums prepaid by a shipper for the actually executed transportation in a point, in which state organs said no in driving away of load, to returning is not subject.

19.3.2. A ferryman is not responsible to the shipper for a loss, уключаючи charges which happened as a result of failure to observe by the shipper of requirements of the applied laws in relation to administrative formalities, and also as a result of refusal in relation to driving away I load.

19.4. Duties of shipper from payment of fines and other charges

If from a ferryman will be required to pay or deposit some sum, to pay a fine or provide the financial guarantee in connection with that a shipper did not execute the requirements of the applied laws either did not give necessary documents on a load or gave counterfeit documents or documents which contain untruthful information, a shipper must on call of ferryman recover him the prepaid or deposited sum and other charges of ferryman are related to it. A ferryman has a right to use for coverage of such charges some sums more before prepaid to the ferryman, and which remained at disposal of ferryman for the unused transportation, or some facilities of shipper, which are at disposal of ferryman, or can say no in transportation, if a shipper did not recover such charges to the ferryman.

19.5. Custom review

On call of custom or other state organs a shipper is under an obligation to be присутнім at the review of load, that leaves.

A ferryman is not responsible to the shipper for losses which can be tested by a shipper in connection with non-fulfillment of this requirement.

If as a result of non-fulfillment the shipper of the noted requirement to the ferryman will cause a loss, a shipper is under an obligation to recover him.

19.6. Refusal in transportation on call of state organs

A ferryman does not carry responsibility, if he will say no to the shipper in transportation of load ґрунтуючись on the necessity of implementation of the applied laws.

Section 20. Responsibility of ferryman and scopes of indemnification for harm

20.1. Generals

20.1.1. Responsibility of ferryman at transportations certain in the point 4.2.1 of these Rules, limited by norms, that set in these Rules and agreement of transportation, and at any circumstances can not exceed the amount of the led losses to. A ferryman does not carry responsibility for indirect, side, mediated losses, unturned to account (incomes).

20.1.2. If it is impossible to define, where elimination, loss, damage or delay, took place in delivery I load, a ferryman carries responsibility pursuant to those rules (by conventions) which are used to such part of transportation, where elimination, loss, damage or delay, is in delivery of load could happen here inflicted most harm.

20.1.3. If these Rules do not set other, a ferryman carries responsibility only for losses which happened on his trip. A ferryman which gives out a авіавантажну invoice on the trips of other ferryman or transports a load on the trip of other ferryman operates as agent of such ferryman.

20.1.4. Responsibility of ferryman, set by these Rules, spreads on agents, office workers and representatives of ferryman, and also some person, the air ship of which is used by a ferryman, and agents, office workers and representatives of such person. Lump sum, that can be collected from a ferryman and from such agents, office workers, representatives and such persons, can not exceed the set limitations of responsibility of ferryman.

20.1.5. Not a single position of these Rules denies a right for a ferryman to multiply the limits of responsibility or sum of payments.

20.2. I load the damage

20.2.1. A ferryman carries responsibility for the harm, caused in the case of elimination, losses, damages or delays, in delivery I load, if a case, that resulted in harm, happened during the air shipment.

20.2.2. The air shipment, in understanding of the point 20.2.1, includes the period of time only, when a load is under the guard of ferryman.

20.2.3. The period of time of air shipment includes no transportation by the ground, marine (river) types of transport, which is carried out out of area of air-port. However, if such transportation is carried out on implementation of agreement of transportation with the purpose of load, delivery, overload, some harm, to proof opposite, is considered investigation of event, that took place in the period of time of air shipment. If without the consent of shipper a ferryman fully or partly replaces transportation which by agreement of sides is to be carried out by an air transport, on transportation by some other type of transport, such transportation by other type of transport is considered transportation, that is carried out in the period of time of air shipment.

20.3. Delay in delivery I load

A ferryman carries responsibility for the harm caused in the case of delay in delivery I load. However responsible a ferryman is not for the harm caused as a result of delay in delivery, if will lead to that by him and his office workers and his agents all necessary measures were accepted in order to avoid harm, or that it was impossible to use such measures.

20.4. Release from responsibility

20.4.1. A ferryman is not responsible for some losses, that swim out from implementation by him the applied laws or as a result of their non-fulfillment by a shipper (by a consignee), if other is not set by the agreement of transportation.

20.4.2. A ferryman is not responsible for elimination, loss, damage or delay in delivery I load, what directly or side arise up as a result of action of force-majeure circumstances (including unfavorable meteorological terms, extraordinary situations in air space, strikes, rebellions, civil disorders, embargoes, wars, acts of hostility, unsettled international relations, technical problems or other complications which actually threaten or do impossible safe implementation of flight), if other is not set by the agreement of transportation.

20.4.3. A ferryman is not responsible for elimination, loss, damage or delay in delivery I load, that happened through defects, properties or lacks of load, that is under his control, or if a commodity or maintenance of load became worse or spoiled as a result of changes in a climate, temperature, to the height or other ordinary factor, peculiar process of transporting, or in a time of transit or duration of transporting. Such commodities and freight sending are adopted without responsibility from the side of ferryman for elimination, I load the loss or damage through such worsening of his state or spoilage, if other is not set by the agreement of transportation.

20.4.4. A ferryman is not responsible for the loss or damage of living animals or death or bodily harm of person which accompanies animals, as a result of natural reasons or as a result of conduct or actions of animals or as a result of the state or character of animals, if other is not set by the agreement of transportation.

20.4.5. If a ferryman will lead to that harm was inflicted through a carelessness, wrong actions or inactivity of person, which requires compensation, or person which has rights to such compensation, a ferryman fully or partly rids of responsibility before a person which a demand refund in that size, in which such carelessness, wrong actions or inactivity entailed harm or was instrumental in its origin. When the requirement in relation to compensation is declared by other person - no shipper (by a consignee) in connection with his death or bodily harm, a ferryman fully or partly rids of responsibility, if he will lead to a carelessness, activity or inactivity of such person.

20.4.6. A ferryman is not responsible for elimination, loss, damage or delay in delivery I load, what are the result of grant of help, assistance or information by an agent or office workers of ferryman of shipper, consignee or proprietor of load or their agents and office workers.

20.4.7. When responsibility of ferryman before a shipper and consignee is limited or is eliminated pursuant to these Rules or pursuant to the applied laws, a shipper and consignee, all together or each separately, must limit or release a ferryman from responsibility before some third person.

20.5. Scopes of responsibility in relation to a load

20.5.1. In relation to harm which is caused in the case of elimination, I load the losses, damages or delays, responsibility of ferryman is limited:

1) if a shipper did not declare a value and did not pay the proper collection by a sum 20 дол. The USA (or equivalent in other currency) for one kilogram of gross in the case of elimination, losses or damages in all or I load parts. At determination of sum of responsibility of ferryman weight which is taken into account is limited to weight of the proper lost place or part of maintenance of load, elimination, loss or damage of packing or packing. Without regard to the above-mentioned, if elimination, losses or damages of all either part I load or object, that is contained in a load, is influenced on the cost of other packing (objects) уписаних in the same авіавантажну invoice, at determination of scopes of responsibility gross weight of such packing or packing from general part of load is taken into account, if other is not foreseen by the agreement of transportation;

2) if a shipper declared a value and paid the proper collection, responsibility of ferryman in the case of elimination, losses, damages or delays of this load is limited to his declared value.

20.5.2. These scopes of responsibility are not used, if it is led to that harm happened as a result of intentional actions or inactivity of ferryman, his workers and his agents carried out with the view of to make such harm, or from a carelessness and with understanding what this can result in harm on condition that it will be led to in the case of such actions or inactivity of worker or agent, that he operated within the limits of the official plenary powers.

20.5.3. A ferryman abandons after itself all rights of defence from some such lawsuit pursuant to the norms of Warsaw convention. Ferryman abandons also after itself all rights of recourse against some third person, уключаючи right to reimbursement of the losses inflicted to him.

Section 21. Producing of claims

21.1. Generals

21.1.1. I load the receipt without objections by a person, that has a right to his receipt, in the moment of receipt or his delivery is supposition of (in future, to proof opposite) that a load was delivered by a ferryman in the proper state and pursuant to the conditions of the agreement of transportation.

21.1.2. In the case of infliction of harm a person which has a right to the receipt of load must send to the ferryman claim immediately after the exposure of harm, but not later than 14 days from the date of receipt I load or from the date of signing of the вантажоотримувачем proper document about delivery I load. In the case of delay claim must be directed not later than 21 day from a date, when a load is passed in the order of person, that has a right to his receipt. In the case of loss claim must be directed during 120 days from the date of delivery of aviation freight invoice.

21.1.3. Must be set up some defence in the set terms.

21.1.4. In the case of absence of claims in the set terms no claims against a ferryman are not adopted, except for the cases of deception from the side of ferryman.

21.2. Consideration of claims

A ferryman is under an obligation to consider claim in accordance with established procedure and reveal to the declarant about pleasure or about declination of her during three months, if transportation, which claim was pulled out in connection with, was fully carried out by one ferryman.

If other ferrymen took part in such transportation, examination of a claim can be extended to six months taking into account the operating rules of урегулювання claims at these ferrymen.

21.3. Lawsuits and terms of remoteness

Lawsuits about responsibility of ferryman are to be given, at choice plaintiff, to the court after the place of registration of ferryman, after the location of his main office or after the location of office of ferryman, which a treaty of transportation in relation to improper transportation of load was concluded through - during two years, in relation to the improper grant of other services - during one year from the date of his arrival to destination or from a date, when an air ship must arrive to destination, or from a date, when transportation was halted.

Section 22. Rules of air shipments of loads of ferryman

22.1. A ferryman can give out the rules of air shipments of loads (by an official language), position and norms of which does not conflict with these Rules, preliminary co-ordinating them with Government service of Ukraine from the supervision after providing of safety of aviation.

22.2. An agent, office worker or representative of ferryman, has no authority to make alterations or abolish some position of these Rules and rules of the proper ferryman.

Section 23. Information of principal

23.1. Positions of this section spread on ferrymen, their agents, shippers (if a shipper is not a principal) which carry out the sale of freight transportations on territory of Ukraine.

23.2. A ferryman, his agent or shipper, at the sale of freight transportations necessarily must take such information to the principal:

these Rules;

Rules of ferryman in relation to transportations of loads of that ferryman, whose aviation load invoice is used, or that, which carries out transportation on the first sector of route of transportation, - on paper transmitters (in the case of sale of transportations of on-line through the system Internet - in an electronic kind through a site, which reservation of transportations is carried out through);

I load a freightage after the proper route - orally at the conclusion of treaty of transportation (in the case of sale of transportations of on-line through the system Internet - in an electronic kind through a site, which reservation of transportations is carried out through);

tariffs which can be offered at transportation, if a load responds to request by the set ferryman, - orally at the conclusion of treaty of transportation (in the case of sale of transportations of on-line through the system Internet - in an electronic kind through a site, which reservation of transportations is carried out through);

at transportation I load administrative formalities after the proper route - orally at the conclusion of treaty of transportation;

at transportation I load the scopes of responsibility of ferryman - in a aviation load invoice;

requirements in relation to the packing proper load and in relation to transportation I load necessary additional documents, what are needed pursuant to the applied laws, - in writing at the conclusion of treaty of transportation.

Section 24. Providing of observance of Rules

24.1. The control after the observance of these Rules is laid on Government service of Ukraine from the supervision after providing of safety of aviation.

24.2. The control must provide possibility to the proper ferrymen, selling agents transportations, to the agents from service to prove that they and their actions satisfy the set requirements. These subjects must be ready to give possibility to the proper state organ to conduct verifications during realization of operations from transportation and maintenance of loads with the purpose of demonstration, that such operations answer the set requirements.