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AHM830 Ground Handling Charge Note

AHM 830 outlines the Ground Handling Charge Note for members charging for ground handling services. It details liability and indemnity provisions between the Carrier and Handling Company, including limitations on claims and indemnities related to injury, damage, or loss. The document specifies conditions under which claims can be made and the extent of liability for both parties involved in ground handling operations.

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305 views2 pages

AHM830 Ground Handling Charge Note

AHM 830 outlines the Ground Handling Charge Note for members charging for ground handling services. It details liability and indemnity provisions between the Carrier and Handling Company, including limitations on claims and indemnities related to injury, damage, or loss. The document specifies conditions under which claims can be made and the extent of liability for both parties involved in ground handling operations.

Uploaded by

Kashcool
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Ground Handling Agreements — AHM 830

AHM 830
GROUND HANDLING CHARGE NOTE
RECOMMENDED that:
Members shall use the Ground Handling Charge Note when charging for ground handling services performed.

28TH EDITION, JANUARY 2008 769


Airport Handling Manual

ARTICLE 8. LIABILITY AND INDEMNITY


In this Article, all references to:
(a) “the Carrier” or “the Handling Company” shall include their employees, servants, agents and subcontractors;
(b) “ground support equipment” shall mean all equipment used in the performance of ground handling services included in Annex
A, whether fixed or mobile, and
(c) “act or omission” shall include negligence.
8.1 Except as stated in Sub-Article 8.5, the Carrier shall not make any claim against the Handling Company and shall indemnify it
(subject as hereinafter provided) against any legal liability for claims or suits, including costs and expenses incidental thereto, in
respect of:
(a) delay, injury or death of persons carried or to be carried by the Carrier;
(b) injury or death of any employee of the Carrier;
(c) damage to or delay or loss of baggage, cargo or mail carried or to be carried by the Carrier, and
(d) damage to or loss of property owned or operated by, or on behalf of, the Carrier and any consequential loss or damage;
arising from an act or omission of the Handling Company in the performance of this Agreement unless done with intent to cause
damage, death, delay, injury or loss or recklessly and with the knowledge that damage, death, delay, injury or loss would
probably result.
PROVIDED THAT all claims or suits arising hereunder shall be dealt with by the Carrier; and
PROVIDED ALSO THAT the Handling Company shall notify the Carrier of any claims or suits without undue delay and shall
furnish such assistance as the Carrier may reasonably require.
PROVIDED ALSO THAT where any of the services performed by the Handling Company hereunder relate to the carriage by the
Carrier of passengers, baggage or cargo direct to or from a place in the United States of America then if the limitations of liability
imposed by Article 22 of the Warsaw Convention would have applied if any such act or omission had been committed by the
Carrier but are held by a Court not to be applicable to such act or omission committed by the Handling Company in performing
this Agreement then upon such decision of the Court the indemnity of the Carrier to the Handling Company hereunder shall be
limited to an amount not exceeding the amount for which the Carrier would have been liable if it had committed such act or
omission.
8.2 The Carrier shall not make any claim against the Handling Company in respect of damage, death, delay, injury or loss to third
parties caused by the operation of the Carrier's aircraft arising from an act or omission of the Handling Company in the
performance of this Agreement unless done with intent to cause damage, death, delay, injury or loss or recklessly and with
knowledge that damage, death, delay, injury or loss would probably result.
8.3
(a) Notwithstanding the provisions of Sub-Article 8.1, in the case of claims arising out of surface transportation which is provided
on behalf of the Carrier and is part of the operation of loading/embarking or unloading/disembarking and/or is covered by the
Carrier's Contract of Carriage the indemnity shall not exceed the limits specified in the said Contract of Carriage.
(b) In the case of claims arising out of surface transportation which is not provided on behalf of the Carrier and/or is not part of
the operation of loading/embarking or unloading/disembarking and/or is not covered by the Carrier's Contract of Carriage the
waiver and indemnity herein contained shall not apply.
8.4 The Handling Company shall not make any claim against the Carrier and shall indemnify it (subject as hereinafter provided)
against any legal liability for claims or suits, including costs and expenses incidental thereto, in respect of:
(a) injury to or death of any employees of the Handling Company, its servants, agents or subcontractors; and
(b) damage to or loss of property owned or operated by, or on behalf of, the Handling Company and any consequential loss or
damage;
arising from an act or omission of the Carrier in the performance of this Agreement unless done with intent to cause damage,
death, delay, injury or loss or recklessly and with knowledge that damage, death, delay, injury or loss would probably result.
8.5 Notwithstanding Sub-Article 8.1(d), the Handling Company shall indemnify the Carrier against any physical loss of or damage
to the Carrier's Aircraft caused by the Handling Company's negligent operation of ground support equipment PROVIDED
ALWAYS THAT the Handling Company's liability shall be limited to any such loss of or damage to the Carrier's Aircraft not
exceeding the Carrier's hull insurance deductible but shall not, in any event, exceed USD 1,500,000 except that loss or damage
in respect of any incident below USD 3,000 shall not be indemnified. For the avoidance of doubt, save as expressly stated, this
Sub-Article 8.5 does not affect or prejudice the generality of the provisions of Sub-Article 8.1 including the principle that the
Carrier shall not make any claim against the Handling Company and shall indemnify it against any liability in respect of any and
all consequential loss or damage howsoever arising.

770 28TH EDITION, JANUARY 2008

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