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Conditions of Carriage
1. DEFINITIONSAdvance Arrangement means any special arrangement between the shipper and carrier, made prior to tender of the shipment.
Air Waybill, which is equivalent to air consignment note, means the non-negotiable document entitled "Air Waybill/Consignment Note" made out by or on behalf of the shipper which evidences the contract between the shipper and carrier for carriage of cargo over the routes of carrier.
Applicable Laws means such laws, cabinet orders and ministerial ordinances and other governmental regulations, rules, orders, demands or requirements of any state or country as will apply to Carriage of a Passenger and/or Baggage to be performed by NCA.
Baggage means such articles, effects and other personal property of a Passenger as are necessary or appropriate for wear, use, comfort or convenience in connection with his/her travel. Unless otherwise specified, it includes both Checked and Unchecked Baggage of the Passenger.
Baggage Identification Tag means a document issued by a NCA solely for the purpose of identification of Checked Baggage and consisting of two portions: the baggage tag portion which is attached by NCA to a particular article of Checked Baggage and the Baggage claim stub which is given to the Passenger
Baggage Check means those portion of the ticket which provide for the carriage of passenger's checked baggage and which are issued by NCA as a receipt of passenger's checked baggage.
Cargo,
(1) which is equivalent to the term goods, is anything carried or to be carried in an aircraft, other than mail or baggage; provided that unaccompanied baggage moving under an air waybill is cargo.
(2) which is equivalent to the term 'shipment', means one or more pieces of goods accepted by the carrier from one shipper at one time and at one address, receipted for in one lot and moving on one Air Waybill to one consignee at one destination address.
Carriage, which is equivalent to transportation, means the carriage of cargo by air, gratuitous or for reward and the gratuitous carriage of passenger and/or baggage by air.
Carrier means air carrier and includes the air carrier issuing the air waybill and ticket and all air carriers that carry or undertake to carry the cargo, passenger and/or his baggage under such air waybill and ticket, or perform or undertake to perform any other services related to such air carriage.
Charge means an amount to be paid for carriage of cargo based on the applicable rates for such carriage, or an amount to be paid for a special or incidental service in connection with the carriage of the cargo.
Charges Collect means the charges entered on the air waybill for collection from consignee.
Checked Baggage, which is equivalent to registered luggage, means baggage of which NCA takes sole custody and for which NCA has issued a baggage check and baggage (claim) tag (s).
City Terminal Service means the surface carriage of shipment between carrier's city handling station and the airport of departure or destination, as the case may be.
Consignee means the person whose name appears on the air waybill as the party to whom the shipment is to be delivered by carrier.
Convention means whichever of the following instruments is applicable to the contract of Carriage:
"Convention for the Unification of Certain Rules Relating to International Carriage by Air" signed at Warsaw on 12th October, 1929 (hereinafter referred to as the "Warsaw Convention");
"Warsaw Convention as amended at Hague in 1955" signed at Hague on 28th September, 1955 "Warsaw Convention as amended at The Hague" as amended by Protocol No.4 of Montreal 1975 (hereinafter referred to as "Warsaw Convention as amended at Montreal"), and "Convention for the Unification of Certain Rules for International Carriage by Air", done at Montreal on 28th May, 1999 (hereinafter referred to as the "Montreal Convention").
Customs Consignee, which is equivalent to customs clearance agent, means a customs broker or other agent of the consignee designated to perform customs clearance services for the consignee.
Days mean full calendar days, including Sundays and legal holidays; provided that for the purpose of notification the balance of the day upon which notice is dispatched will not be counted, and when the last day falls on Sunday or a legal holiday, such Sunday or legal holiday will not be counted.
Delivery Service means the surface carriage 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.
Destination means the ultimate stopping place according to the contract of carriage.
Flight Coupon means a portion of the passenger ticket that indicates particular places between which the coupon is good for carriage of passenger.
French Gold Francs means French francs consisting of 65 1/2 milligrams of gold at the standard of fineness of nine hundred thousandths. French Gold Francs may be converted into any national currency in round figures.
International Carriage means (except when the Convention is applicable) carriage in which, according to the contract of carriage, the place of departure and any place of landing are situated in more than one country. As used in this definition, the term "country", which is equivalent to "state", includes all territory subject to its sovereignty, suzerainty, mandate, authority or trusteeship.
NCA means Nippon Cargo Airlines Company, Ltd.
Passenger means any person, except member of the crew, carried or to be carried in an aircraft under the contract of carriage.
Passenger Coupon means that portion of the passenger ticket constituting the passenger's written evidence of the contract of carriage.
Passenger Ticket means those portions of the ticket issued by NCA which provide for the carriage of the passenger.
Pick-up Service means the surface carriage of outbound shipments from the point of pick-up to the airport of departure.
Rate means the amount charged by carrier for carriage of a unit of weight (or volume) or value of goods.
SDR means Special Drawing Rights as defined by the International Monetary Fund.
Conversion of the SDR sum into a national currency shall be made as follows:
(1) In the case as defined in Article 18-(A) of these Conditions of Carriage, it shall be made at the exchange rate between the currency and SDR in effect on the date of issuance of the air waybill.
(2) In the case as defined in Article 18-(B)-(4), Article 19-(3) and (4) of these Conditions of Carriage, it shall be made, in the case of judicial proceedings, at the exchange rate between the currency and SDR in effect on the date of the final court hearing of such proceedings, and, in any other case, at the exchange rate between the currency and SDR in effect on the date on which the amount of the damages is finally fixed.
Shipper, which is equivalent to consignor, means the person whose name appears on the air waybill as the party contracting with carrier for the carriage of cargo.
Stopover, which is equivalent to a break of journey, means a deliberate interruption of a journey by the passenger, agreed to in advance by NCA, at a point between the place of departure and the place of destination.
NCA's Regulations means NCA's rules and regulations, other than these Conditions of Carriage, for International Carriage of Cargo, passenger and baggage including, but not limited to, NCA's tables of rates and charges.
Ticket means the "Passenger Ticket and Baggage Check", including all flight, passenger and other coupons therein, issued by NCA, which provides for the carriage of the passenger and his baggage.
Unchecked Baggage, which is equivalent to hand luggage, is baggage other than checked baggage.
