Kingfisher Airlines Ltd. hereby makes the following Regulations relating to the conditions on non-international carriage of Cargo (other than Baggage and Mail) performed by Kingfisher Airlines Ltd. namely:

Short Title:

a. These regulations may be called the Kingfisher Airlines Ltd. Non International Carriage
    of Cargo (other than Baggage and Mail) Regulations 1993.

b. It shall come into force from 9th May, 2005.

Definitions:

In these regulations, unless there is anything repugnant in the subject or context:-

1. "Government means the Government of India";

2. "Non-International Carriage" means carriage as defined in the Carriage by Air Act,
     1972;

3. "Cargo" in this context will not include baggage and mail;

4. "Air Waybill" means "Air Consignment Note."

5. "Shipper" means "Consignor";

6. "Carriage" means "Transportation";

7. "Carrier" means the Carrier (that is Kingfisher Airlines), issuing the Air Waybill; and

8. For the purposes of the exemption from and limitation of liability provisions set forth
    or referred to in the Air Waybill, "Carrier" includes agents, servants or
    representatives of the carrier.

a. 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 Governmen of India, Ministry of Tourism and Civil Aviation Notification No. AV-11012/8/72-A dated 30th March, 1973, published in Part II Section3, Sub-Section (II) of the Gazette of India dated 30.3.1973 and modified by Government of India, Ministry of Tourism and Civil Aviation Notification No. AV-11012/5/79-A dated 5th July 1980 published in Part II Section 3, Sub-Section (II) of the Gazette of India 19.7.1980.

b. Carriage hereunder is subject to:-

i) Applicable laws, Government regulations, orders, and requirements;

ii) Provision hereinsetforth;

iii) Applicable tariffs, rules, regulations and time tables (but not the times of departure
    and arrival therein) of the carrier, which are made part hereof and which may be
    inspected at any of its offices and at airports from which it operates regular services.

c. 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 Air Waybill or shown in the Carrier's time-table as scheduled
    stopping places for the route;

d. 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 Air Waybill as "Shipper's/Consignor declared value for carriage" if in excess of
    Rs. 450/- (Rupees four Hundred and Fifty only) per kilogram constitutes such special
    declaration of value and has paid a supplementary sum it the case so requires. In that
    case the carrier will be liable to pay a sum not exceeding the declared sum, unless he
    proves that sum is greater than the actual value to the consignor at delivery.

In so far as any provision contained or referred to in the Air Waybill may be contrary to the mandatory law, government regulations, orders or requirements, such provision shall remain applicable to the extent that it is not over-ridden thereby. The invalidity of any provision shall not effect any other part thereof.

Except as the provisions of the Second Schedule to the Indian Carriage by Air Act, 1972, (69 to 1972) as applicable to carriage by air not being international carriage with exceptions, adaptations and modifications thereof or other applicable law may otherwise require:-

a. The carrier is not liable to the shipper or 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 the goods, unless such damage excluding delay is proved to have been caused by the negligence or willful 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 the carriage.


b. The carrier is not liable of any damage directly or indirectly arising out of compliance with laws, government regulation, orders or requirements or from any cause beyond the carrier's control;

The charges for carriage having been based upon the value declared by the shipper, liability shall in no event exceed the shipper's declared value for carriage stated on the face of the Air Waybill, and in the absence of such declaration by the shipper, the liability of the carrier for any loss, either direct, indirect or otherwise to the shipper, consignee or to any third party arising out of non-delivery or mis-delivery or negligence or for any other reason whatsoever shall not exceed Rs. 450/- (Rupees Four Hundred and Fifty only) per kilogram of goods. This limitation of liability of the carrier will be a valid defense against claims made against it either by the shipper, consignee or any third party.

There shall not be any time limit fixed for the completion of carriage hereunder and that the carrier may without notice substitute alternate carriers or aircraft. The carrier does not assume any obligation to carry the goods by any specified aircraft or over any particular route or to routes or to make connections to any point according to any particular schedule, and the carrier is authorised to select, or deviate from the route or routes of shipment, notwithstanding that the same may be stated on the face of the Air Waybill. The shipper shall guarantee the payment of all charges and advances.

The goods or packages said to contain the goods, described on the face of the Air Waybill shall be accepted for carriage from their receipt at 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 Air Waybill, will also be accepted for forwarding to the airport of departure and for the reforwarding beyond the airport of destinations. If such forwarding or reforwarding is by carriage operated by the carrier such carriage shall be upon the same terms 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 reforwarding 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 authorise such carriers to do all things deemed advisable to effect such forwarding or reforwarding including, but without limitation, selection of the means of forwarding or reforwarding and the routes thereof (unless these have been specified by the shipper), execution 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 Air Waybill.

The carrier authorised (but shall be under no obligation) to pay any duties, taxes or charges and to make any disbursement 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 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 Air Waybill as customs consignee or, if no such person be named, to the carrier carrying the goods to such place or to such customs consignee, if any carrier may designate.

Except as otherwise specifically provided in the Air Waybill,delivery of goods will be made to the consignee name on the face of the Air Waybill, or the Consignee's agent authorised accompanied by the consignee's copy of the Air 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 pleased, the carrier may deliver the consignment to the Consignee or Consignee's authorised agent without production of the consignee's copy of the Air Waybill upon a Bond being furnished.
The value for purpose of the Bond will be calculated at the rate of Rs. 450/- (Rupees Four Hundred and Fifty only) per kilogram of the weight of the consignment, when no value is declared. Where the value is declared for carriage of goods the value for purposes of the Bond would be the value of the goods so declared.The delivery of the consignment in the aforementioned manner shall be a complete discharge of any responsibility or liability of the carrier.

a. 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 goods conditions;

b. No action shall be maintained in the case of damage to 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 an office of the carrier within 7 days from the date of receipt thereof, and in the case of loss (including non-delivery) unless presented within 120 days from the date of issue of the Air Waybill;

c. Any rights to damages against the carrier shall be extinguished unless an action is brought within two years after the occurrence of the events giving rise to the claim.

The shipper shall comply with all applicable laws, and other government regulations including those relating to the packing, carriage or delivery of the goods, and shall furnish such information and attach such documents to the Air 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 loss or expense due to shipper's failure to comply with this provision.

No agent, servant or representative of the carrier has authority to alter, modify or waive any provision of the Air Waybill.

The Operator/Carrier 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.