GTCs of Carriage
As per two IATA resolutions, effective 30 December 2009 and 1 July 2010, the Conditions of Carriage on the back side of the AirWay Bill are amended. As a consequence Lufthansa Cargo AG had to adapt its General Conditions of Carriage accordingly.
Revision of the LH Cargo General Terms and Conditions for Carriage of Cargo Revision of Conditions of Carriage on the back side of the Air Way Bills:
If and as far as the Montreal Convention applies, effective 31 December 2009, the limitation of liability of the Carrier now is at 19 Special Drawing Rights per Kilogram (formerly 17 SDR). Moreover, effective 1 July 2010 this limitation of 19 SDR applies worldwide, unless a higher amount is provided for to the advantage of claimant in applicable Conventions or by law.
The new “Notice concerning Carriers´ Limitation of Liability” contained in the Conditions of Carriage reads:
“If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Warsaw Convention may be applicable to the liability of Carrier in respect of loss of, damage or delay to cargo. Carrier´s limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared. “
The new number 4 of the Conditions of Carriage on the AWB backside now reads:
“For carriage to which the Montreal Convention does not apply, Carrier´s liability for cargo lost, damaged or delayed shall be 19 SDR per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in the Carrier´s tariffs or general conditions of carriage.”
Accordingly, Lufthansa Cargo AG has revised its General Terms and Conditions for Carriage of Cargo.
Notice to Customers on Use of Air Way Bill forms
New limitation of liability also applies if old AWB forms are used!!
New AWB forms will be introduced gradually.
In accordance with applicable IATA provisions, Lufthansa Cargo AG will use remaining stocks of AirWayBills also after 30 December 2009, however always subject to the new rules introduced by the applicable IATA rules. So any indication of a lower limitation of liability on an Air Way Bill will be superseded by the applicability of the liability set out in the Amended Resolution 600b. In no case shall any limitation of liability lower that the limitation of amended Resolution 600b be applied to claims for loss, damage or delay of goods, for which a Lufthansa Cargo Airway Bill was issued on or after December 30, 2009.
If you have any questions please contact your LH Cargo Contact Person.