Back to Top

TERMS AND CONDITIONS

TERMS AND CONDITIONS

TERMS AND CONDITIONS

TERMS AND CONDITIONS

Airport to Airport

Conditions of Carriage

In terms of an agreement between SME Express. Blue Dart Express Limited is entitled to the total capacity of the aircraft operated by Blue Dart Aviation Limited (Blue Dart Express and Blue Dart Aviation Limited are hereinafter collectively referred to as ‘SME’).

Conditions of Contract

Non international Carriage of Cargo (other than baggage & mail) Regulations 1980, SME hereby makes the following Regulations relating to the conditions of Non-international Carriage of Cargo, other than baggage and mail, performed by SME, and shall be binding upon all concerned parties:-

  1. This shipment covered by other than baggage and mail, Waybill is accepted for carriage by SME, by its employees and agents, referred to collectively hereinafter as “SME”, subject to terms and conditions set out as under
    1. The SME Waybill is Non Negotiable and the shipper acknowledges that it has been prepared by the shipper/his agent or by SME on behalf of the shipper. The shipper/consignor is responsible for the correctness of the particulars and statements relating to the Cargo which are mentioned in the waybill. The shipper/consignor shall indemnify the carrier against all damage suffered by him or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor.
    2. The responsibility of SME for a shipment accepted under an Waybill ceases when the consignee or his agent acknowledges receipt of the shipment.
    3. All shipments under the Waybill are carried at the shipper’s/owner’s risk.
    4. The SME Waybill is prima facie evidence of the conclusion of the contract, of the receipt of the cargo and the conditions of the carriage.
    5. (i) The consignor must furnish such information and attach to the Waybill such documents as are necessary to meet the formalities of customs, Octroi or Police before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his servants or agents.(ii) The carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents.
  2. DefinitionsIn these regulations, unless there is anything repugnant in the subject or context:-
    1. “Government” means Government of India.
    2. “Company” means Blue Dart Aviation Limited/Blue Dart Express Limited.
    3. “Non-International Carriage” means other than international carriage as was defined in the Carriage by Air Act 1972.
    4. “Cargo” in this context will not include baggage and mail.
    5. “Waybills” means “Air Consignment Note”.
    6. “Shipper” means “Consignor”.
    7. “Carriage” means “Transportation”.
    8. “Carrier” means the Carrier (that is Blue Dart Aviation Limited) issuing the Waybill and
    9. For the purpose of the exemption from and limitation of liability provisions set forth or referred to in the Waybill, “Carrier” includes agents, servants or representatives of the carrier.
    1. (i) Carriage hereunder is subject to the rules relating to liability established by Air Act 1972 (69 of 1972) as extended to non-international carriage with certain exceptions, adaptations and modifications vide Government of India, Ministry of Tourism and Civil Aviation Notification No: AV-11012/8/72 dated 30th March, 1973, published in Part II Sub-section (ii) of the Gazette of India dated 30.03.1973 and modified by Government of India, Ministry of Tourism and Civil Aviation Notification No:AV-11012/5/5/79-A dated 5th July 1980 in Part II Section 3, Sub-section (iii) of the Gazette of India 19.7.1980 and dated March 26th, 1992.
    2. Carriage hereunder is subject to:-I. Applicable laws, government regulations, orders and requirements.II. Provisions set out herein.III. Applicable tariffs, rules, regulations and time-tables (but not the times of departure and arrival therein) of the carrier, which are made part thereof and which may be inspected at any of its offices and at airports from which it operates regular services.
    3. The agreed stopping places (which may be altered by the carrier in case of necessity) and those places, except the place of departure and the place of destination, set forth on the face of the Waybill or shown in the Carrier’s time-table as scheduled stopping places for the route.
    4. The shipper acknowledges that he has been given the opportunity to make a special declaration of the value of the goods at delivery and that the sum entered on the face of the Waybill as “Shipper’s/Consignor’s Declared value for carriage”, if in excess of ₹ 450/= (Rupees four hundred fifty only) per kilogram, constitutes such special declaration of value and has paid a supplementary sum if the case so requires. In that case, the carrier will be liable to pay a sum not exceeding the declared sum.
  4. In so far as any provision contained or referred to in the Waybill may be contrary to the mandatory law, government regulations, orders or requirements, such provisions shall remain applicable to the extent that it is not over-ridden thereby. The invalidity of any provision shall not affect any other part thereof.
  5. Except as the provisions of the Second Schedule to the Indian Carriage Act, 1972 (69 of 1972) as applicable to carriage by air not being international carriage, with exceptions, adaptations and modifications thereof, or other applicable law may otherwise require:-
    1. The carrier is not liable to the shipper or to any other person for any damage, delay or loss of whatsoever nature (hereinafter collectively referred to as “Damage”) arising out of or in connection with the carriage of goods, unless such damage, excluding delay, is proved to have been caused by the negligence or wilful fault of the carrier and there has been no contradictory negligence of the shipper, consignee or other claimant. The carrier will not be liable for damage caused by delay in carriage.
    2. The carrier is not liable for any damage directly or indirectly arising out of compliance with laws, Government regulations, orders or requirements or from any cause beyond the carrier’s control.
    3. The charges of carriage having been based upon the value declared by shipper, liability shall in no event exceed the shipper’s declared value for carriage stated on the face of the Waybill, and, in the absence of such declaration by shipper, the liability of the carrier shall not exceed ₹ 450/= (Rupees four hundred fifty only) per kilogram of goods destroyed, lost or damaged; all claims shall be subject to proof of value.
  6. There shall not be any time limit fixed for the completion of carriage hereunder and that the carrier may, without notice, substitute alternate mode of transport, carriers or aircraft. The carrier does not assume any obligation to carry the goods by any specified aircraft or over any particular route or routes or to make connections to any point according to any particular schedule, and the carrier is authorized to select or deviate from the route or routes of the shipments, notwithstanding that the same may be stated on the face of the Waybill. The shipper shall guarantee the payment of all charges and advances.
  7. The goods or packages said to contain the goods described on the face of the Waybill shall be accepted for carriage from their receipt at Shipper’s premises or carrier’s terminal or Airport office at the place of departure to the Airport at the place of destination, if so specially agreed, the goods or packages said to contain goods, described on the face of the Waybill, will also be accepted for forwarding to the airport of departure and for the re forwarding beyond the airport of destination, if such forwarding or re forwarding is by carriage operated by the carrier, such carriage shall be upon the same term as to liability as set forth in Regulations 3 and 5 above. In any other event, the issuing carrier and last carrier respectively, in forwarding or re forwarding the goods, shall do so only as agents of the shipper, owner or consignee, as the case may be, and shall not be liable for any damage arising out of such additional carriage, unless proved to have been caused by its own negligence or Willful fault. The shipper, owner and consignee will authorize such carriers to do all things deemed advisable to effect such forwarding or re forwarding including, but without limitation, selection of the means of forwarding or re forwarding, and the routes thereof (Unless these have been specified by the shipper), executing an acceptance of documents of carriage (which may include provisions exempting or limiting liability) and consigning of goods with no declaration of value, notwithstanding any declaration of value in the Waybill.
  8. SME has the right but not the obligation to open and/or inspect any shipment. SME reserves the right to refuse shipments not conforming to these terms and conditions without assigning any reason whatsoever.
  9. The carrier authorized (but shall be under no obligation) to pay any duties or charges, and to make any disbursements with respect to the goods, and the shipper, owner and consignee shall be jointly and severally liable for reimbursement thereof. It is necessary to make customs/octroi entry of the goods at any place, the goods shall be deemed to be consigned at such place to the person named on the face of the Waybill as customs/octroi/consignee or, if no such person be named, to the carrier carrying the goods to such places or to such customs consignee, if any, as such carrier may designate.
  10. Except as otherwise specifically provided in the Waybill, Delivery of goods will be made to the consignee named on the face of the Waybill, or the consignee’s authorized agent in writing, by a letter of authority accompanied by the consignee’s copy of the Waybill. Notice of arrival of the goods will, in the absence of other instructions, be sent to the consignee by ordinary methods. The carrier will not be liable for the non-receipt or delay in receipt of such notice. In case urgency is pleaded, the carrier may deliver the consignment to the consignee or consignee’s authorized agent without production of the consignee’s copy of the Waybill upon a Bond being furnished. The value, for purpose of the Bond, will be calculated at the rate of ₹ 450/= (Rupees four hundred fifty only) per kilogram, of the weight of the consignment, where no value is declared. Where the value is declared for carriage of goods, the value for the purpose of the Bond would be the value of the goods declared.
    The delivery of the consignment in the aforementioned manner shall be a complete discharge of any responsibility or liability of the carrier.
    1. Receipt without complaint of any consignment at the time of delivery shall be prima facie evidence that the consignment has been delivered correctly and in good condition.
    2. No action shall be maintained in the case of damage to the goods, unless a written notice sufficiently describing the goods concerned, the approximate date of the damage and the details of the claims, is presented to the registered office of the carrier within 14 days from the date of receipt thereof, and in the case of loss (including non-delivery), unless presented within 90 days from the date of issue of the Waybill.
    3. Any rights to damage against the carrier shall be extinguished unless an action is brought within six months after the occurrence of the events giving rise to the claim.
  12. The shipper shall comply with all applicable laws and all other Government regulations including those relating to security, packing, carriage or delivery of the goods, and shall furnish such information and attach such documents to the Waybill as may be necessary to comply with such laws and regulations. The carrier is not liable to the shipper or any other person for the loss or expenses due to shipper’s failure to comply with this provision.
  13. No agent, servant or representative of the carrier has authority to alter, modify or waive any provision of the Waybill.
  14. The operator/carrier including its agents, servants or representatives shall always be entitled to open up the consignment to ensure the correctness of its contents, subject always to it being clearly understood that by doing so, the operator/carrier shall not undertake any responsibility or liability for any contravention of Rule 8 of Aircraft Rules 1937 by the consignor for which the consignor alone shall continue to be liable.
  15. If carrier offers insurance and such insurance is requested and the appropriate premium is paid, and the fact recorded on the face hereof, the goods covered by this Waybill are insured under an open policy for the amount requested as set out on the face thereof (recovery being limited to the actual value of goods lost or damaged, provided that such amount does not exceed the insured value). The insurance is subject to the terms, conditions and coverage (from which certain risks are excluded) of the open policy, which is available for inspection at an office of the issuing Carrier by the interested party. Claims under such policy must be reported immediately to an office of the issuing carrier.
  16. SME SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS HOWSOEVER ARISING, whether or not SME has acknowledged that such damage might be incurred, including but not limited to loss of income, profits, interest, utility or loss of market or otherwise. SME is also not liable for damages if SME proves that its agents have taken all necessary measures to avoid damage, or that it was impossible for them to take such measures.
  17. ALL DISPUTES, CLAIMS SUBJECT TO MUMBAI COURT JURISDICTION.

NOTICE OF CARRIAGE OF PROHIBITED/RESTRICTED ARTICLES ON BOARD AIRCRAFT

Carriage of arms, explosives or dangerous goods which are prohibited under Sub-rule 1 of Rule 8, and such class of goods the carriage of which is permitted subject to provision of sub-rule (3) and (4) of the Aircraft Rule 1937, shall not be carried or cause or permitted to be carried in any aircraft, and contravention of this condition shall entail penal consequences under section 10 of the Aircraft Act 1934. For all purposes, consequence and liabilities shall always be determined according to the real nature of goods carried/sent irrespective of any declaration regarding the nature of goods. A list of prohibited/restricted articles is available at all our Cargo Booking Offices in case of any doubt as to whether the carriage of any goods is prohibited and are permitted, subject any condition. Necessary information may be obtained at all our Cargo Booking Offices.