ARTICLE 8- ALTERATION OF CARRIAGE
8.1 Shipper¡¯s Right of Disposition
8.1.1 During the period after the acceptance of the Consigned Cargo by the Carrier and before the pick-up of the Cargo by the Consignee, the Shipper is entitled to exercise the right of disposition provided that the Shipper complies with all requirements prescribed in the contract of carriage.
8.1.2 The Shipper¡¯s right of disposition shall terminate at the moment when the Consignee takes possession or picks up the Cargo or the AWB. Nevertheless, if the Consignee declines to accept the AWB or the Cargo, or the Consignee could not be contacted, such right of disposition shall continue to vest in the Shipper.
8.1.3 The Shipper may dispose the Cargo either:
126.96.36.199 by withdrawing it at the airport of departure or destination; or
188.8.131.52 by terminating the carriage at any transit point; or
184.108.40.206 by requiring delivery at destination or any transit point to a person other than the Consignee named in the AWB; or
220.127.116.11 by requiring returning the Consigned Cargo to the airport of departure.
8.1.4 The right of disposition could only be exercised by the Shipper or its designated Agent and shall only be applicable to the whole Consigned Cargo under a single AWB.
8.1.5 The Shipper shall be liable for any expenses and shall indemnify us for any Loss incurred as a result of the exercise of its right of disposition.
8.1.6 The exercise of the right of disposition must be subject to the applicable Laws and Regulations of the countries related with the carriage. Otherwise, we will deny such request of disposition.
8.1.7 The right of disposition over the Cargo shall only be exercised through the Issuing Carrier. The Shipper shall present the written application and the original for the Shipper of the AWB.
8.1.8 We shall inform the Shipper promptly if the Shipper¡¯s requirement of the disposition over the Cargo is not practicable or feasible to be exercised.
8.2 Our Right to Alter Carriage
8.2.1 In order to guarantee timely transportation of the Consigned Cargo, we may change, even though we are not able to notify or have no time to notify the Shipper, the flight, routing, aircraft type and Carrier shown on the AWB.
8.2.2 We reserve the right to cancel, terminate, divert, reschedule, postpone any flight, or proceed with any flight without any Cargo or with part of the Cargo without prior notice, due to the following:
18.104.22.168 Governmental regulations, orders and requirements;
22.214.171.124 Force Majeure, including but not limited to weather conditions, riots, political disturbances, embargoes, wars, blockage, strikes, sabotages, unstable international conditions, terrorism or governmental warnings against terrorism or war..
8.2.3 In consideration of the interests of the Shipper, we may carry all or part of the Cargo, without prior notice, to the destination by other means of transportation.
8.2.4 To guarantee the flight safety and/or to comply with the relevant Laws and Regulations, we may continue the flight with all or part of the Consigned Cargo unloaded.
8.2.5 Except as otherwise provided in any applicable laws, we shall not be under any liability in the event that any flight is cancelled, rearranged or terminated at a place other than the place of destination for any reasons mentioned in Article 8.2.2, or in the event that the carriage of a Shipment is cancelled, rearranged, resumed or terminated.
8.3 Termination of Carriage
8.3.1 If a Shipment is identified to be prohibited from carriage by applicable Conventions, Laws and Regulations, or to be restricted from carriage and not to be in compliance with the requirements of restrictions, we will terminate the carriage of such Shipment. When necessary, we will leave such Shipment to be disposed by the administrative authorities.
8.3.2 If it is found that the nature or the defective packaging of the Consigned Cargo may endanger the safety of aircraft, personnel or property, we may, without prior notice, move or destroy the Cargo at any place and time without bearing any liability.
8.3.3 Subject to applicable Laws and Regulations and safety requirements, in the event that the Shipper requests to return the Cargo, of which the carriage is terminated, to the place of departure, we will follow the Shipper¡¯s instruction and the Shipper shall bear any expenses thereof.