1.1 “Agent” means any person who has authority, express or implied, to act for or on behalf of the Carrier in relation to the Carriage of Cargo.
1.2 “Air waybill” means the document entitled “Air Waybill” made out by or on behalf of the Shipper, which evidences the contract between the Shipper and the Carrier for Carriage of Cargo over routes of the Carrier.
1.3 “Applicable convention” means whichever of the following instruments is applicable to the Contract of Carriage:
(a) the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal, 28 May 1999 (Montreal Convention);
(b) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; (Warsaw Convention);
(c) the Warsaw Convention as amended at The Hague on 28 September 1955;
(d) the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975;
(e) the Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No. 2 of Montreal 1975; and
(f) the Warsaw Convention as amended at The Hague 1955 and by Protocol No. 4 of Montreal 1975.
1.4 “Cargo” (which is equivalent to the term “Goods”) means anything carried or to be carried in an aircraft or by another means of transportation including but not limited to, road or rail vehicles, except mail, or baggage carried under a passenger ticket and baggage check, but includes baggage moving under an Air Waybill or Shipment Record.
1.5 “Carriage” (which is equivalent to the term “Transportation”) means carriage of Cargo by air or by surface transportation including, but not limited to, road or rail vehicles, whether gratuitously or for reward.
1.6 “Carrier” means the air carrier issuing the Air Waybill or preserving the Shipment Record and all the carriers that carry or undertake to carry the Cargo or to perform any other services related to such Carriage under the same Air Waybill.
1.7 “Carrier’s regulations” means: such rules and regulations which may be issued and amended by the Carrier from time-to-time applicable to the transport of the Cargo.
1.8 “Code-sharing” is the use of a non-operative flight number concurrent with the operative flight number of another carrier performing the carriage.
1.9 “Charges collect” means the charges entered on the Air Waybill or Shipment Record for collection from the Consignee against delivery of the Shipment.
1.10 “Conditions of carriage” means these conditions of carriage.
1.11 “Contract of carriage” means the contract of carriage between the Carrier and the Shipper for the Carriage of the Cargo as set out in the Air Waybill and subject to these Conditions of Carriage which may be reflected in the Shipment Record.
1.12 “Consignee” means the person whose name appears on the Air Waybill or Shipment Record, as the party to whom the Shipment is to be delivered by the Carrier.
1.13 “Customs clearance agent" means a customs broker or other agent of the Consignee designated to perform customs clearance services.
1.14 “Days” means full calendar days, including Friday and Saturday in the GCC, and legal, public and bank holidays, provided that for purposes of notification the balance of the day upon which notice is dispatched shall not be counted.
1.15 “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.
1.16 "Force majeure" means an unusual and unforeseeable circumstance beyond the Carrier's control, the consequences of which could not have been avoided even if reasonable care had been exercised.
1.17 “House airway bill” means the air waybill issued by a freight forwarder on receipt of Cargo from the Shipper agreeing to deliver the Cargo at the destination.
1.18 “Indemnify” means the commitment of the Shipper to fully indemnify and hold the Carrier, its officers, employees, Agents and authorised representatives harmless from any and all liability, claims, loss, delay, fines, penalties, damages, costs (including attorney’s and investigator’s fees) and expenses incurred by the Carrier in relation to any Shipper’s obligation (and/or non-compliance of such obligation) or liability stipulated in these Conditions of Carriage, or otherwise arising. Any indemnity in these Conditions of Carriage which is for the benefit of the Carrier shall also extend to the benefit of the Carrier’s affiliates, insurers, reinsurers, retrocessionaires, owners, Agents, sub-contractors, code-share and interline partners, and it and their respective employees, officers and directors, successors and assigns.
1.19 “Indirect damages” means special, incidental, consequential, remote or indirect loss or damage, including but not limited to loss of revenue, loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, finance costs, cost of capital, loss of contract, loss of use, loss or corruption of data or information.
1.20 “IATA regulations” means all regulations, directives and orders issued by International Air Transport Agency from time to time relating to the transport of cargo including but not limited to the IATA Dangerous Goods Regulations, IATA Perishable Cargo Regulations; IATA Live Animal Regulations, IATA Temperature Control Regulations, IATA Lithium Battery Regulations, and IATA ULD Regulations.
1.21 “Pick-up service” means the surface Carriage 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 incidental surface Carriage between airports.
1.22 “Shipment” (which is equivalent to the word “Consignment”) means one or more packages, pieces or bundles of Cargo accepted by the Carrier from one Shipper at one time and at one address, receipted for in one lot and under a single Air Waybill or a single Shipment Record, except as otherwise provided herein, for Carriage to one Consignee at one destination address.
1.23 “Shipment record” means any record of the Contract of Carriage preserved by the Carrier, evidenced by means other than an Air Waybill.
1.24 “Shipper” (which is equivalent to the word “Consignor”) means the person whose name appears on the Air Waybill or Shipment Record, as the party contracting with the Carrier for the Carriage of Cargo.
1.25 “Special drawing right” (or SDR) means Special Drawing Right as defined by the International Monetary Fund and the current value of this currency unit may be found in the financial pages of major newspapers. The rate used to convert SDRs into national currency is that which is published on the date on which the Air Waybill was executed.
1.26 “ULD” means a unit loading device which is used for the Carriage of Cargo.
1.27 “Valuables” as defined by the IATA Regulations and includes a Shipment which contains one or more of the following articles:
(a) any article having a declared value of carriage of USD 1000.00 (or equivalent) or more, per gross kilogram; except in the United Kingdom GBP 450.00, or more per gross kilogram;
(b) furs, fur clothing and fur-trimmed clothing;
(c) art works;
(d) gold bullion (including refined and unrefined gold in ingot form), dore bullion, gold specie and gold in the form of grain, sheet, foil, powder, sponge, wire, rod, tube, circles, mouldings and castings, platinum, platinum metals (Palladium, iridium, ruthenium, osmium and rhodium) and platinum alloys in the form of grain, sponge, bar, ingot, sheet, rod, wire, gauze, tube and strip (but excluding those radioactive isotopes of the above metals and alloys which are subject to restricted articles labelling requirements);
(e) legal banknotes, traveller's cheques, securities, shares, promissory notes, share coupons and stamps (excluding mint stamps from United Kingdom) and ready for use bank cards and/or credit cards;
(f) diamonds, (including diamonds for industrial use), rubies, emeralds, sapphires, opals and real pearls (including cultured pearls);
(g) jewellery consisting of diamonds, emeralds, sapphires, opals and real pearls (included cultured pearls);
(h) jewellery and watches made of silver and/or gold and/or platinum; and
(i) articles made of gold and/or platinum, other than gold and/or platinum plated.