Order No. 186

STATE AVIATION SERVICE OF UKRAINE
FOR AVIATION SAFETY OVERSIGHT
O R D E R

14.03.2006 No. 186

Registered with the Ministry
of Justice of Ukraine
13 June 2006
under No. 705/12579

On Approval of the Rules for Air
Carriage of Cargo
             { As amended by Order of the
Ministry of Infrastructure
No. 728 dated 30.11.2012 }

Pursuant to Presidential Decree of Ukraine No. 803 of 15 July 2004 “On the State Aviation Service of Ukraine for Aviation Safety Oversight” (as amended by Presidential Decree No. 912 of 16 August 2004 “On Amending Certain Decrees of the President of Ukraine”), the Programme of Integration of Ukraine into the European Union approved by Presidential Decree No. 1072 of 14 September 2000, and in accordance with Article 62 of the Air Code of Ukraine I O R D E R:

1. To approve the Rules for Air Carriage of Cargo (hereinafter referred to as the Rules), which are attached.

2. The Department of Air Transportation and Licensing (Korshuk S.M.):

2.1. To submit this order for state registration to the Ministry of Justice of Ukraine in the established procedure.

2.2. To bring the requirements of the said Rules to the attention of enterprises, organizations and institutions involved in air carriage of cargo.

3. To entrust control over the implementation of this order to the First Deputy Chairman Davydov O.M.
Chairman M.O.Marchenko
AGREED:
Chairman of the State Committee of Ukraine for Regulatory Policy and Entrepreneurship
A.V.Dashkevych

Acting Minister of Transport and Communications of Ukraine
V.Tsybenko

Deputy Chairman of Derzhspozhyvstandart of Ukraine
N.V.Hlynska

APPROVED
By Order of Derzhaviasluzhba
14.03.2006 No. 186
Registered with the Ministry
of Justice of Ukraine
13 June 2006
under No. 705/12579

RULES
for Air Carriage of Cargo 

Section 1 
General Provisions

1.1. These Rules have been developed pursuant to the Programme of Integration of Ukraine into the European Union approved by Presidential Decree No. 1072 of 14 September 2000, in accordance with Article 100 of the Air Code of Ukraine, the Law of Ukraine “On Protection of Consumer Rights” and subparagraph 146 of paragraph 4 of the Regulation on the State Aviation Service of Ukraine approved by Presidential Decree No. 398 of 6 April 2011.
1.2. The Rules have been developed taking into account the provisions of the Montreal Convention and the Conditions of Contract for Carriage of Cargo established by the International Air Transport Association (“Air Waybill – conditions of contract”, IATA, Resolution 600b).

Section 2
Purpose

The purpose of these Rules is to establish general conditions for the carriage of cargo by air transport that ensure an adequate level of flight safety and quality of carriage.

Section 3
Terms and Definitions Used in the Rules

Air waybill (or transport waybill) – a document issued by the consignor or on behalf of the consignor, including its electronic copy (if used), which serves as evidence of the conclusion of a contract of carriage and acceptance of cargo for carriage in the languages specified therein (hereinafter – air waybill). The air waybill is equivalent to a dispatch note and may be used in carriage as determined in these Rules. Unless otherwise provided by these Rules, the term “air waybill” also means a cargo receipt.

Agent – a person authorized by the carrier or the consignor (consignee) to perform certain operations related to the carriage of cargo.

Booking (or reservation) – a preliminary order of capacity (volume and tonnage) on an aircraft for a specific flight and date for the carriage of cargo.

Cargo (or goods) – property transported or subject to transportation by air, land, sea (river) transport, or in respect of which operations provided for by these Rules are performed, except postal items and other items carried under an international postal agreement, and baggage carried under a baggage receipt.Consignor – the principal or another person acting on behalf of the principal and who is indicated in the air waybill as the consignor.

Consignee – the person named in the air waybill as the consignee. Special categories of cargo – cargo whose transportation and handling, due to their nature, must be carried out under special conditions. Special categories of cargo include perishable, wet, valuable, heavy, oversized, lengthy cargo; dangerous cargo; live animals; automobiles and vehicles; strong-smelling cargo; military and dual-use goods; works of art and museum exhibits; unaccompanied baggage; human remains; small packages, etc.

Dispatch (forwarding) – any service provided by the carrier that is other than transportation, including delivery, handling (servicing) of cargo, as well as brokerage, insurance, customs, financial services, etc.

Cargo owner (or principal) – the party that has concluded a contract with the carrier for the transportation of cargo.

Days – calendar days, including all seven days of the week, holidays, weekends and non-working days, provided that when giving notice, the day the notice is sent is not counted and that when determining the duration of validity, the day on which the air waybill is issued or on which transportation commenced is not counted.

Mixed transportation contract – a contract under which the mixed transportation operator, subject to payment of transportation charges, undertakes to carry out or procure the carrying out of mixed transportation of cargo.

Geneva Convention – the United Nations Convention on International Mixed Transportation, signed in Geneva on 24.05.80.

Applicable laws – laws, decrees and ordinances, as well as other regulatory legal acts, which regulate the carrying out of cargo transportation of any country from, to and through whose territory cargo transportation is carried out, and whose provisions must be applied as contractual terms, even if their application would harm the shipper.

Charges – an amount added to the tariff and paid for services in the transportation of cargo and which is determined in accordance with the conditions of transportation or servicing during such transportation. Mixed transportation – transportation of cargo by at least two modes of transport, carried out in accordance with a mixed transportation contract from the place where the cargo is transferred under the control of the mixed transportation operator to a specified place of delivery. Operations for the pickup or delivery of cargo carried out under a contract of carriage by only one mode of transport, as defined in such contract, are not considered mixed transportation. Carrier code – two characters that identify the respective carrier. Commercial agreements – any agreements between carriers (except an agency agreement and a mixed transportation contract) relating to the provision of their joint services related to air cargo transportation.

CMR Convention – Convention on the Contract for the International Carriage of Goods by Road, signed on 19.05.1956

COTIF-CIV Convention – Convention concerning International Carriage by Rail, signed in Bern on 09.05.80.

Customs broker (intermediary) – an enterprise that carries out declaration of goods and vehicles moving across the customs border of Ukraine, and has a license for the right to carry out customs brokerage activity, issued by a specially authorized central executive body in the field of customs affairs. Only a resident enterprise may be a customs broker. On behalf of this enterprise, the declaration of goods and vehicles moving across the customs border of Ukraine may be carried out by its separate structural subdivision (branch, representation, etc.). Montreal Convention – Convention for the Unification of Certain Rules for International Carriage by Air, done on 28 May 1999 in the city of Montreal.Extraordinary conditions – conditions under which the carriage of goods does not fall under the ordinary operations and procedures of civil aircraft operation, including conditions under which carriage of a peacekeeping contingent, carriage for elimination of consequences of a natural disaster or accident, etc., is carried out.Road Feeder Services – part of the air carriage of cargo carried out by ground transport within the customs territory of one country and considered as carriage carried out during the period of air carriage.

Multimodal transport operator – a person who, on its own behalf or through another person authorized by such person, concludes a multimodal transport contract as a party to the contract, assumes obligations for performance of the contract, and who is not an agent of the consignor or carrier participating in multimodal transport operations.

Carrier (or airline) – a person having a permanent place of business in Ukraine and which is a party to the contract for carriage, as well as all other persons participating in carriage in accordance with the air waybill and assuming obligations to perform the carriage. For the purpose of release and limitation of liability provided for or mentioned in these Rules or in any other document, the term “carrier” includes agents, servants, representatives and contractors of the carrier, unless otherwise provided by the Rules.

Confirmed booking – allocation by the carrier of capacity (volume and tonnage) on an aircraft for a specific flight and date for the carriage of cargo and securing it to the person who requested the booking. Air carriage – transportation of cargo by air transport, including the period when the goods are under the control of the carrier as an air carrier. Carriage may be international or domestic.

International carriage – carriage in which the point of departure and the point of destination, regardless of whether or not there was a stop in the carriage or transshipment, are located either in the territory of two different countries, or in the territory of one country, if an agreed stop is provided in the territory of another country.

Domestic carriage – transportation of cargo on aircraft between points located in the territory of Ukraine.

Preliminary arrangement – any special arrangement between the consignor and the carrier made in advance before dispatch of the cargo.

Services – all actions performed by the carrier or on behalf of the carrier individually or in combination, including air carriage, dispatch (forwarding), physical distribution, storage, servicing, transportation by ground, sea (river) transport, servicing to the point of destination.

Carrier’s rules – rules, instructions and technologies established by the carrier which are applied in the carriage of cargo, including rules of air carriage of cargo, rules for application of tariffs and charges, standards for cargo handling, conditions of cargo forwarding.
Hague-Visby Rules – International Convention for the Unification of Certain Rules relating to Bills of Lading, signed in Brussels on 25.08.24, as amended in accordance with the Brussels Protocol of 23.02.68. Point of departure – the airport specified in the air waybill from which the carriage of cargo begins. Point of destination – the airport specified in the air waybill at which the carriage of cargo ends. Special conditions – conditions of carriage of cargo arising as a result of the nature of the cargo or inconsistency of the provisions of these Rules with the rules of another country, or if the rules of another country establish a lower level with respect to conditions of carriage than that established by these Rules, or if another country requires compliance with its rules and at the same time a threat to performance of the contract of carriage arises.

Charges collected – charges specified in the air waybill which must be paid by the consignee. Tariff – the amount established by the carrier for the carriage of a unit of weight (volume) of cargo.

Tariff standards – tariffs established and published by the carrier and rules for their application.

Transportation (or carriage) – a separate service or any combination of services provided by the carrier (or on its behalf). Unless otherwise established in these Rules, the term “transportation” shall mean the carriage of cargo carried out in accordance with the contract of carriage, in which according to the definition of the parties the point of departure and the point of destination, regardless of whether or not there was a stop in the carriage or transshipment, are located either in the territory of two different countries, or in the territory of one country, if an agreed stop is provided in the territory of another country, as well as the carriage of cargo between two points located in the territory of Ukraine.

Transportation by sea (river) transport – transportation of goods by sea or river transport, including the period when the goods are on the vessel under the control of the carrier as a carrier by sea (river) transport.

Transportation by ground transport – transportation of goods by road or rail transport, including the period when the goods are on the vehicle under the control of the carrier as a carrier by ground transport.

Physical distribution – any cargo handling operation carried out during the time when the goods are under the control of the carrier as an air carrier, including loading, unloading, ground handling, packing, selection, storage, collection, opening of cargo compartments, consolidation and deconsolidation, improvement of storage control, order processing, invoicing, information exchange, management in respect of goods or any operations other than air carriage, transportation by ground or sea (river) transport, servicing to the final city point.

Force majeure circumstances – unusual and unforeseeable circumstances beyond the control of the carrier and the consignor (consignee), the consequences of which could not have been avoided even with the exercise of the greatest efforts.

Charter carriage – carriage by the “actual carrier” which, in accordance with the authority received from the “contracting carrier” (charterer or flight operator), performs part or all of the carriage in accordance with the charter contract.

Section 4
Scope of application

4.1. Application of international norms
If any provision of these Rules conflicts with the provisions of an international treaty that is part of the legislation of any country to, from, or through the territory of which transportation is carried out, or with the national legislation of such country, which threatens the performance of the contract of carriage, then such provision of these Rules shall not apply.

4.2. General conditions of carriage
4.2.1. These Rules apply to all commercial operations for the transportation of cargo (including international and domestic air transportation) carried out by the carrier, including services related to such transportation, and unless otherwise established by the carrier, to gratuitous operations. If there are grounds for reasonable doubt regarding the conditions of transportation, the carrier has the right, at its own discretion, to determine
which provisions of these Rules should be applied.

4.2.2. Taking into account paragraph 4.1 of this section, these Rules must be regarded by foreign air carriers as a mandatory norm of national legislation and must necessarily extend to foreign carriers carrying out transportation and sale of cargo transportation services to, from, and through the territory of Ukraine, in the part concerning informing the principal in the manner established in section 23 of these Rules.

4.2.3. If the transportation of cargo includes operations of air carriage or physical distribution, such transportation is governed by these Rules and the Instruction on the Organization of Cargo Transportation by Air Transport, approved by order of the State Aviation Administration dated 02.11.2005 N 822, registered with the Ministry of Justice of Ukraine on 21.11.2005 under N 1403/11683.
4.2.4. All operations for the transportation of cargo specified in paragraph 4.2.1 of this section are subject to the carrier’s rules, as well as the carrier’s tariff norms in force on the date of issuance of the air waybill, and if such date cannot be determined, on the date of commencement of transportation. During the transportation of cargo, the rules, tariffs, and charges in force on the date of execution of the air waybill from the point of origin specified in the air waybill shall apply.
4.2.5. These Rules and the carrier’s rules, as well as the carrier’s tariff norms with amendments made thereto, may not be applied to the contract of carriage of cargo without notifying the consignor thereof after the date of issuance of the air waybill, except in cases where this may be required under applicable laws.
4.2.6. Transportation of postal items is carried out in accordance with the rules applicable to relations between the carrier and the relevant postal administration.
4.2.7. Transportation of cargo for which it is practically impossible to ensure compliance with these Rules and other established rules, as well as transportation of certain categories of cargo (except dangerous goods), may be carried out by the carrier only under special conditions provided for in paragraph 4.3 of this section.
4.2.8. Transportation of dangerous goods may be carried out by the carrier only under special conditions established by the “Technical Instructions for the Safe Transport of Dangerous Goods by Air,” ICAO, Doc 9284/905. Transportation of dangerous goods for which it is practically impossible to ensure compliance may be carried out by the carrier only under special conditions provided for in paragraph 4.3.1 of this section. At the same time, the overall level of quality and safety during such operations must be at least equivalent to the level that would be ensured if all requirements established by the “Technical Instructions for the Safe Transport of Dangerous Goods by Air” were fulfilled
4.2.9. The Rules do not apply to the transportation of cargo carried out under emergency conditions that do not fall under the ordinary operations and procedures for the operation of civil aircraft.

4.3. Special conditions of carriage
4.3.1. If the carrier proves, and the relevant state authority recognizes, that the established conditions of cargo transportation are practically impossible to fulfill, and that the established conditions of cargo transportation can be ensured through the use of alternative means, such authority may approve a single operation or a planned series of several operations for the transportation of cargo under special conditions. The overall level of quality and safety during such operations must be at least equivalent to the level that would be ensured if all established requirements were fulfilled. If cargo transportation operations include international air carriage, there must be multilateral approval of the special conditions.

4.3.2. The carrier’s rules regarding the application of special tariffs are special conditions of carriage.

4.3.3. Transportation that must be carried out by several successive carriers is considered, for the purposes of these Rules, a single transportation if it was regarded by the parties as one operation regardless of whether the documents were executed in the form of one contract or several contracts, and it does not lose its international character solely by virtue of the fact that one or several contracts must be performed entirely on the territory of one and the same state.

Section 5
Ensuring the quality of cargo transportation

5.1. These Rules, the Instructions for organizing air cargo transportation, and the carrier’s rules shall constitute a quality assurance program for cargo transportation.

5.2. New rules, standards, norms, technical specifications, technologies, instructions, and guidelines shall comply with the quality assurance program.

Section 6
Air waybill

6.1. Contract of Carriage
6.1.1. When cargo is carried, an air waybill is issued. Instead of an air waybill, other means ensuring the preservation of information regarding its transportation in electronic form may be used. When such means are used, the carrier has the right to issue to the consignor a document replacing the air waybill, and the format of the electronic form of such means must be based on international information exchange standards.
6.1.2. The air waybill confirms the existence of a contract of carriage of cargo between the carrier and the consignor specified in this document, and the acceptance of the cargo for carriage on the terms specified in this document.6.1.3. Any data in the air waybill regarding the weight, dimensions and packing of the cargo, as well as the number of pieces, is evidence of the data reported. Data regarding the quantity, volume and condition of the cargo is not evidence against the carrier, except in cases where such data relates to the actual condition of the cargo and the carrier has verified this data in the presence of the consignor, as noted in the air waybill.
6.1.4. The terms of the contract of carriage set out in the air waybill must not contradict these Rules.
6.1.5. The absence, irregularity or loss of the air waybill does not affect either the existence or the validity of the contract of carriage.

6.2. Completion of the Air Waybill
6.2.1. The consignor must complete, or have completed on its behalf, an air waybill in the form, number of copies and manner established by the carrier, and provide such air waybill to the carrier together with the cargo no later than the time determined by the carrier (its agent).
6.2.2. If the data regarding tariffs and charges has not been determined, the carrier must indicate in the air waybill the amount payable by the consignor for the transportation of the cargo.

6.2.3. When transporting several pieces of cargo, if the goods cannot be transported on one aircraft (on one vehicle) or if the transportation of goods under one air waybill is prohibited by applicable laws or carrier rules, the carrier has the right to require the consignor to complete separate air waybills for each piece of cargo.

6.2.4. The carrier, at the request of the consignor, may complete the air waybill and charge the consignor a corresponding fee for this. In doing so, the carrier acts with the consent and on behalf of the consignor. If the consignor provides an air waybill (or other information and instructions regarding the goods) that is
incorrectly completed, does not contain all the necessary data and instructions regarding the cargo, or contains any error, the carrier has the right, but not the obligation, to make the necessary corrections in the air waybill or complete a new air waybill. In doing so, the carrier acts on behalf of the consignor, without assuming any obligations regarding such actions.
6.2.5. The carrier has the right not to accept cargo for carriage if the air waybill has corrections made by a person other than the carrier (its agent), or has erased or illegible entries.6.3. Condition of the Cargo
If the condition of the cargo or its packing is unsatisfactory or the cargo or packing is damaged externally, the consignor must indicate the actual condition of the cargo in the air waybill. If the consignor is unable to do so or if the specified data is unclear, the carrier has the right to include in the air waybill data regarding the actual condition of the cargo, its special properties, or to clarify the data previously included in the air waybill. In doing so, the carrier is considered to be acting on behalf of the consignor.6.4. Nature of the Cargo
The carrier has the right to require the consignor to provide written information regarding the nature of the cargo, if required by the relevant applicable laws.

6.5. Liability of the Consignor
6.5.1. The consignor is liable to the carrier (other persons) for the correctness, accuracy and completeness of the data and instructions regarding the cargo included by it (or on its behalf) in the air waybill or provided to the carrier for inclusion in the air waybill.
6.5.2. The consignor is liable to the carrier for any damage caused to it or another person due to the incorrectness, inaccuracy or incompleteness of the data and instructions regarding the cargo included by it (or on its behalf) in the air waybill or provided to the carrier regarding the cargo.
6.5.3. Notwithstanding paragraph 6.5.2 of this section, the carrier is liable to the consignor for any damage caused to the consignor or another person due to the incorrectness, inaccuracy or incompleteness of the data and instructions included by the carrier (on its behalf) in the air waybill regarding the cargo.

6.6. Abbreviations
The name of the carrier, in addition to its full name, may also be stated in the air waybill in the form of the carrier code.

Section 7
Tariffs and fees

7.1. Applicable tariffs and charges
7.1.1. The tariffs and charges for the carriage of cargo applied by the carrier must be published by the carrier or on its behalf (or, if not published, calculated in accordance with the carrier’s tariff standards) and valid on the date of issue of the air waybill. If the tariffs or charges do not correspond to the published levels, the difference between the published level and the applied tariff or charge must be refunded to the consignor (consignee) or collected from the consignor (consignee).
7.1.2. Unless otherwise established by the carrier, the published tariffs and charges include air carriage of cargo between airports designated by the carrier or between an airport and another point of landing or a point located near the point of landing. Such published tariffs and charges do not include:
1) payment for loading, delivery and urban terminal services to/from the airport, if these services are not provided by the carrier;
2) payment for storage and warehousing services, as well as the provision of handling facilities;
3) payment for insurance services;
4) making advance payments;
5) payment for customs clearance of goods;
6) charges (including customs duties), taxes, as well as fines imposed or collected by the relevant state authorities or airport administration (defined in paragraph 7.1.5 of this section);
7) expenses incurred by the carrier to restore damaged packaging;
8) payment for carriage in the reverse direction from the destination point to the point of departure or to a point other than the destination point, if such carriage is not carried out at the carrier’s decision.
7.1.3. The carrier’s published tariffs and charges have priority over a combination of intermediate tariffs and charges applied between the same points on the same route.
7.1.4. If two or more charges correspond to the same goods, in the same form of shipment, on the same route, the lowest of the specified charges shall apply:
1) the charge calculated for the quantity of goods to be shipped at the tariff applicable to such quantity;
2) the charge calculated for a larger quantity of goods to be shipped at the lower tariff applicable to such larger quantity;
3) the charge applicable to consignments of cargo.
7.1.5. All taxes, duties and charges imposed during the carriage of cargo by state authorities or the airport administration of any country in whose territory, from whose territory or through whose territory the carriage is carried out are not included in the published tariffs and charges and shall be payable by the consignor or consignee. The carrier may (but is not obliged to) pay such taxes, duties and charges.

7.2. Payment of tariffs and charges
7.2.1. Payment of tariffs and charges may be made in a currency other than that in which these tariffs and charges are published. The exchange rate is calculated as follows:
1) in the case of prepayment of tariffs and charges for carriage (i.e. payment of tariffs and charges by the consignor when the cargo is accepted by the carrier for carriage), the bank exchange rate used by the carrier on the date of issue of the air waybill shall apply;
2) in the case of payment for carriage upon delivery of the cargo (i.e. payment of tariffs and charges by the consignee upon delivery of the cargo), the bank exchange rate valid on the day the notice of arrival of the cargo was sent to the consignee, or on the day of payment of such tariffs and charges, shall apply.
7.2.2. All amounts, charges, taxes and advance payments paid by the carrier, and any other amounts payable by the carrier, shall be deemed applicable to the contract of carriage regardless of whether the cargo is considered lost, damaged or incapable of being delivered to the destination specified in the air waybill. No claims, suits or demands for compensation in the event of loss or damage to cargo shall be considered by the carrier until all applicable amounts, charges, taxes and advance payments relating to its transportation have been paid, except where any part of the goods has not been delivered. Claims, suits and demands relating to undelivered cargo shall be considered by the carrier even if all amounts, charges, taxes and advance payments, and costs of its transportation have not been paid. Amounts for the transportation of part of the cargo may not be deducted from the total amount payable for the transportation of the entire cargo.
7.2.3. If the amount of expenses or payments relating to the transportation of cargo cannot be determined at the time the cargo is handed over for transportation, the carrier has the right to require the consignor to pay the carrier an amount determined by it as sufficient to cover such expenses and payments. The final settlement between the carrier and the consignor in connection with such deposit must be made after the performance of the contract of carriage of cargo and determination of the exact amount of such expenses and payments.

7.2.4. Except where the carrier agrees to extend credit, all amounts applicable to the contract of carriage shall be paid in a manner acceptable to the carrier at the time of acceptance of the cargo for carriage.

7.2.5. The consignor must guarantee to the carrier payment of all unpaid payments and advance payments made or to be made by the carrier, and all expenses, payments, fines, losses of time, damages and other amounts incurred by the carrier in connection with:

1) the inclusion in the cargo of items whose carriage is prohibited under applicable laws;
2) incorrect or insufficient marking, numbering, addressing, packaging of goods or description of cargo;
3) the absence, delay or ambiguity of any export or import permit, or any required certificate or document required by the relevant state authorities;
4) incorrect customs valuation;
5) incorrect declaration of the weight or volume of goods to be transported. When making delivery or performing any other obligations by the carrier resulting from the contract of carriage of cargo, the consignee is obliged to pay all unpaid advance payments and disbursements made by the carrier, and all expenses, payments, fines, losses of time, damages and other amounts incurred by the carrier, except for prepaid charges, but such obligation does not release the consignor from its obligations to provide the carrier with guarantees of payment of the specified amounts, unless otherwise provided by the contract. The carrier has the right to dispose of the pledge in respect of each of the previous cargo transportation operations and, in the event of non-payment of amounts due to it, has the right to sell the goods to recover its expenses, provided that before selling, the carrier sends all remarks and notices thereof to the consignor (consignee) at the address specified in the air waybill. No such sale releases the carrier from obligations under the contract of carriage of cargo, nor from the liability of the consignor (consignee) to pay any relevant amounts for which they will be liable jointly or each separately in accordance with the fault of each of them. No such right to dispose of the pledge or to make a sale shall be exercised by the carrier after delivery of the goods or transfer thereof under the responsibility of the consignee.
7.2.6. If the gross weight of the cargo, its dimensions, quantity or declared value during transportation exceed the gross weight, dimensions, quantity or declared value of the cargo according to which the cost of carriage was previously calculated, the carrier has the right to require the consignor or consignee to pay such changes in cost.
7.2.7. Changes in the cost of prepaid carriage of cargo may be applied to the contract of carriage provided that a request in this regard is made in writing before delivery of the cargo to the consignee (its agent).7.3. Rounding of values
7.3.1. If, when calculating a tariff (charge), its value has a fractional part, such value shall be rounded to the nearest whole value in accordance with the carrier’s rules.
7.3.2. Geometric dimensions shall be calculated taking into account the largest dimensions in height, width and length, and if the packages of goods are tied together, the largest dimensions of the tied package. When rounding geometric dimensions, the fractional part: shall be reduced to the nearest whole centimetre (inch) if the fractional part is less than half of one centimetre (inch); shall be increased to the nearest whole centimetre (inch) if the fractional part is greater than half of one centimetre (inch).
7.3.3. Rounding of a fractional part less than half of one kilogram shall be to half a kilogram; rounding of half a kilogram or a fractional part greater than half of one kilogram shall be to the nearest whole kilogram of the greater weight.
7.3.4. Rounding of a fractional part of a pound shall be to the nearest whole pound of the greater weight.

7.4. Calculation of tariffs and charges
7.4.1. Tariffs and charges for the transportation of cargo shall be calculated at the airport of departure based on the greater of weight or volume, as follows:
1) if the applicable tariffs and charges are published per pound of weight, they shall be calculated based on the gross weight of the cargo, taking into account that tariffs and charges for the transportation of cargo whose geometric dimensions exceed 6,000 cubic centimetres per one kilogram shall be calculated based on one kilogram for every 6,000 cubic centimetres;
2) if the applicable tariffs and charges are published per pound of weight, they shall be calculated based on the gross weight of the cargo, taking into account that tariffs and charges for the transportation of cargo whose geometric dimensions exceed 166 cubic inches per one pound shall be calculated based on one pound for every 166 cubic inches.
7.4.2. The consignor must declare the value of the cargo regardless of the applicable tariffs and charges. Such declaration of value may be any value, provided that the NVD (undeclared value) may correspond to such declared value. The charge for the transportation of cargo with a declared value shall be calculated in accordance with the carrier’s rules. The value per kilogram (pound) of cargo is determined by dividing the declared value declared by the consignor by the actual gross weight of the cargo.

7.5. Minimum charge
The carrier has the right to establish a minimum charge for the transportation of cargo. Such minimum charge shall apply if the charge calculated in accordance with the applicable tariffs (charges) and the actual weight (volume) of the cargo is less than the minimum charge established by the carrier.

7.6. Collection of amounts from the consignee
At the request of the consignor, the carrier has the right to collect from the consignee at the destination the amount specified in the air waybill as payment for the transportation of cargo.

7.7. Refusal of carriage due to non-payment of tariffs and charges
The carrier is not obliged to carry out the carriage of cargo and has the right to refuse to continue such carriage if such carriage has not been paid in accordance with the applicable tariff and charges and other payments due to the carrier have not been paid.

Section 8
Booking

8.1. General provisions
8.1.1. Cargo for carriage must be accepted by the carrier depending on the availability of suitable vehicles and free cargo capacity. For this purpose, advance booking must be made. Without advance booking, cargo for carriage may be accepted on routes determined by the carrier and at the weight (volume) established by the carrier.
8.1.2. A confirmed booking gives the right to carriage of cargo only on the day and on the flight for which the booking of the relevant capacity was made, and between those points that were determined during booking between the carrier and the shipper and entered in the air waybill. A booking is considered preliminary until the carrier has issued to the shipper a duly completed air waybill.
8.1.3. Certain categories of cargo, as well as cargo determined by the carrier, are not accepted for carriage without a confirmed booking for the entire carriage route.
8.1.4. The shipper’s booking request must include the following data: name of the cargo, number of pieces, total weight and volume; dimensions of each piece; route, flight and date of departure; name and number of the document guaranteeing payment for carriage; special properties of the cargo requiring special transportation conditions or precautions during its transportation and storage.
8.1.5. If the route requested by the shipper is unacceptable to the carrier, the carrier has the right to choose the route at its own discretion.
8.1.6. The booking request is considered accepted by the carrier from the moment the person (shipper or carrier) who made the booking request is notified thereof.

8.1.7. A booking for a specific flight is invalid and will not impose any obligations on the carrier if:
1) the shipper has not paid for the transportation of the cargo within the time limits established by the carrier;
2) the shipper has not been issued (through the shipper’s fault) a duly completed air waybill for the carriage of cargo on the relevant flight and the corresponding boxes of the air waybill do not contain a booking note.8.2. Time of delivery of cargo to the place of departure
8.2.1. The shipper is obliged to deliver the cargo to the airport or to another place of departure no later than the time determined by the carrier (its agent) for performing administrative formalities and the relevant procedures for cargo departure.
8.2.2. If the shipper has not delivered the cargo by the established deadline or has delivered it with incorrectly completed documents, or has not prepared the cargo for departure in accordance with applicable laws, the carrier has the right to cancel the booking previously made for this cargo.
8.2.3. The carrier is not liable to the shipper or consignee for losses resulting from the shipper’s late delivery of the cargo to the airport or to another place of departure determined by the carrier.

Section 9
Acceptance of goods for transportation

9.1. Valuation limits
9.1.1. Any goods with a declared value exceeding USD 20 (twenty US dollars or the equivalent in another currency) per kilogram are not accepted for transportation without prior agreement.
9.1.2. Any goods with a declared value exceeding USD 1,000,000 (one million US dollars or the equivalent in another currency) are accepted for transportation only under special conditions.
9.1.3. The declared value of the goods during transportation may not exceed the declared value for customs authorities.

9.2. Packing and marking of goods
9.2.1. The consignor is responsible for the proper packing of goods accepted for transportation and which can be transported under normal conditions without harming passengers, other cargo, the aircraft (other vehicles involved in transportation), or airport terminals. The carrier has the right to refuse to accept goods for carriage if the gross weight, dimensions, quantity, or declared value do not correspond to those previously declared or agreed with the carrier. The consignor and the consignee, jointly or each separately, in accordance with the fault of each of them, must compensate for losses caused to the carrier (other carriers involved in the carriage), passengers, other consignors, or airports if, during transportation, the nature of the cargo was revealed that had not been previously declared and which caused damage, unless otherwise provided by the contract.