For Cargo Operations

07 Shipper’s Right of Disposition

7.1 EXERCISE OF RIGHT OF DISPOSITION Every exercise of the right of disposition must be made by the SHIPPER or his designated AGENT, if any, and must be applicable to the whole SHIPMENT under a single AIR WAYBILL, or under a single SHIPMENT RECORD. The right of disposition over the CARGO may only be exercised if the SHIPPER or such AGENT produces the part of the AIR WAYBILL which was delivered to him, or communicates such other form of authority as may be prescribed by CARRIER’s regulations. Instructions as to disposition must be given in writing in the form prescribed by CARRIER. In the event that the exercise of the right of disposition results in a change of CONSIGNEE, such new CONSIGNEE shall be deemed to be the CONSIGNEE appearing on the AIR WAYBILL or in the SHIPMENT RECORD.

7.2.1 To the extent permitted by law and APPLICABLE CONVENTION, and subject to his liability to carry out all his obligations under the contract of CARRIAGE and provided that this right of disposition is not exercised in such way as to prejudice CARRIER or other SHIPPERS, or the CONSIGNEE’s right to delivery, the SHIPPER may at his own expense dispose of the CARGO either: by withdrawing it at the airport of departure; or by stopping it in the course of the journey on any landing; or by calling for it in course of the journey to be delivered at the place of destination to a person other than the CONSIGNEE named in the AIR WAYBILL or SHIPMENT RECORD; or by requiring it to be returned to the airport of departure;
7.2.2 Provided that if, in the discretionary opinion of CARRIER, it is not reasonably practicable to carry out the order of the SHIPPER, CARRIER shall so inform him promptly and CARRIER shall thenceforth be under no obligation to carry out any such order.
7.3 PAYMENT OF EXPENSES The SHIPPER shall be liable for and shall INDEMNIFY CARRIER in relation to the exercise of his right of disposition. The SHIPPER shall reimburse CARRIER for any and all expenses occasioned by the exercise of his right of disposition, including but not limited to loss of opportunity, loss of anticipated savings or lost profits, loss of business, loss of revenues or any other indirect damages or losses.
7.4 EXTENT OF SHIPPER’s RIGHT Provided that no regulations to the contrary are applicable, the SHIPPER’s right of disposition shall cease at the moment when, after arrival of the CARGO at the destination, the CONSIGNEE takes possession or requests delivery of the CARGO or
AIR WAYBILL, or otherwise shows his acceptance of the CARGO. Nevertheless, if the CONSIGNEE declines to accept the AIR WAYBILL or the CARGO, or if he cannot be communicated with, such right of disposition shall continue to vest in the SHIPPER.