Terms and conditions for the international transport of cargo

2.1.1 The shipper shall create a waybill at the same time as entrusting their cargo, in accordance with the format, method and number of pages as designated by Air Premia, and submit the waybill to Air Premia. However, if the fare and fees are set, Air Premia may enter them.
2.1.2 If there are two or more packages of cargo and not all of the cargo can be transported on a single aircraft, or if transporting them on a single waybill violates applicable laws, government regulations, orders, instructions or Air Premia’s transport policies, Air Premia may request that the waybill be split into two or more copies.

Air Premia may create a waybill upon the request of the shipper. Such waybills shall be considered to have been created by the shipper. If the waybill received along with the cargo is missing essential information or is incorrectly marked, Air Premia may amend the waybill as much as it can, but does not bear the obligation for such correction.

The shipper shall bear the liability for all losses incurred by Air Premia or other relevant parties caused by inappropriate or inaccurate information listed on the waybill, regardless of whether the waybill was created by the shipper or by Air Premia on behalf of the shipper.

If the external appearance or packaging of the cargo is in a less than decent state, the shipper must note in the waybill the external appearance, packaging and handling requirements of the cargo. However, if such notes are not made or are incorrect, Air Premia may correct the content of the waybill. However, Air Premia does not bear the obligation for such correction.

If a part of the waybill is damaged, lost or doctored by those other than the carrier, Air Premia may refuse the acceptance of the waybill.

3.1.1 Valid rates and fees
The rates and fees applied under these terms and conditions must be those publicly posted by Air Premia in accordance with the law and be valid as of the day on which the waybill is issued. If the fare is calculated based on an invalid rate or fee, Air Premia may refund or charge the balance to the shipper or recipient.
3.1.2 Applicable legs for fares
Unless otherwise stipulated in the tariff, the publicly posted rates shall only apply to the transport from the departure airport to the destination airport.
3.1.3 Order of priority in applying fares
Unless otherwise stipulated in the tariff, the publicly posted rate for a direct flight shall take precedence over the sum of rates of multiple legs applicable to the same cargo.
3.1.4 Fees not included in the publicly posted rates
Unless otherwise stipulated in the tariff, the publicly posted rates shall not include the following service charges. 3.1.5 Treatment of fractions 3.1.6 Calculation of fares and fees 3.1.7 Composition of rates and fees that are not publicly posted
If the rates and fees between two points are not publicly posted, they shall be calculated based on the tariff.
3.1.8 Minimum fares
Unless otherwise stipulated in the tariff, if the total fare calculated based on the total weight of the cargo is lower than the minimum fare, the minimum fare publicly posted in the tariff shall apply.
3.1.9 Declaration of transported value
Regardless of whether a valuation charge applies, the shipper must declare the transported value on the waybill. Such declaration must be noted in the monetary amount or as "NVD (NO VALUE DECLARED)”.
3.1.10 Valuation charges 3.1.11 Discounts based on weight
For fares applied to the same cargo, the lower of the following two fares shall apply: The fare calculated by multiplying the total weight of the cargo with the rate applicable to the weight; and the rate applicable to cargo in the next heavier weight grade multiplied with the weight.
3.1.12 Fees for International Priority Service
Upon the shipper’s request, Air Premia may provide International Priority Service. For cargo that meets the conditions of International Priority Service as stipulated in the tariff, priority rates may be applied in accordance with the cargo transport rules of Air Premia to have a surcharge fare applied to cargo on all international routes.

3.2.1 Disbursement fees
Upon the shipper’s request, Air Premia may charge the recipient disbursement fees to cover the storage fees prepaid by the shipper or his agent, taxes and utilities, customs fees, insurance premiums or other fees for the loading and unloading carried out by a party other than Air Premia.
3.2.2 Fees for handling hazardous items
For the transport of hazardous items as stipulated in the rules of Air Premia, a certain handling fee shall be charged in accordance with a separate set of Air Premia’s policies.
3.2.3 Charges collect fees
For cargo transported on the conditions of charges collect fees being paid, Air Premia shall charge a certain charges collect fee in accordance with a separate set of Air Premia’s policies. However, if the destination is the Republic of Korea, 5% of the sum of the fare and valuation charge shall be charged as charges collect fees. The minimum charges collect fee shall be set at 10 US dollars(or its equivalent).
3.2.4 Terminal service fees
Air Premia may charge the shipper or recipient listed in the waybill terminal service charges. Such charges are applied whenever such services are provided.
3.2.5 Waybill creation fees
If Air Premia creates a waybill on behalf of the shipper, Air Premia shall charge the shipper waybill creation fees.

3.3.1 Fares and fees shall be paid in cash or using a payment method acceptable by Air Premia.
3.3.2 For prepaid cargo, the shipper shall pay the fares and fees to Air Premia when Air Premia receives the cargo from the shipper. For cargo with charges collect fees, the recipient shall pay Air Premia the fares and fees when Air Premia delivers the cargo.
3.3.3 For prepaid cargo, the exchange rate valid as of the day on which the waybill is issued shall apply. For cargo with charges collect fees, the exchange rate valid as of the day on which the cargo arrives at the destination airport shall apply. However, if the destination is the Republic of Korea, the exchange rate valid as of the day on which it reaches the first Korean airport shall apply.
3.3.4 If the fares and fees are paid in Korean won in Korea, the exchange rate 3.3.5 The fares and fees applied to the prepaid cargo or cargo with charges collect fees, or fees, taxes and utilities, expenses, deposits or other costs that were paid by Air Premia or to be paid by Air Premia on behalf of the client shall be considered a revenue of Air Premia in full, regardless of whether the cargo was lost, damaged, delayed or it did not arrive.
3.3.6 For fees, expenses or disbursement fees that cannot be confirmed at the time the shipper entrusts the cargo to Air Premia, Air Premia may request that the shipper deposit in advance an estimated amount that is considered sufficient to cover the aforementioned costs. The refund of the deposit to the shipper or additional payment by the shipper for the amount lacking shall be done after the fares, fees or disbursement fees are confirmed.
3.3.7 The shipper shall guarantee the payment of all fares, fees, expenses and penalties as follows that Air Premia has paid or will be paying due to the following reasons. 3.3.8 Unless the shipper has already paid the fares and fees in full, the recipient agrees to pay all unpaid fares, fees, expenses, penalties and disbursement fees at the moment he is given all rights that occur in accordance with the transport contract such as the delivery of the cargo. However, such consent of the recipient does not mean that the shipper shall be held exempt from the obligation to pay for the amount concerned. If such unpaid fees occur, Air Premia reserves the rights to withhold the cargo, and put the cargo up for auction or dispose of the cargo as it sees fit to use the sales proceeds to offset the aforementioned unpaid fees partially or in full. If the sales proceeds from the auction or disposal of the cargo are less than the unpaid fees, the shipper and recipient together are borne with the obligation to make the payment (However, Air Premia shall notify in writing the above by sending the notification to the address of the shipper and recipient as listed in the waybill). Unless the unpaid fees are paid, the rights of Air Premia to withhold or sell the cargo or charge electricity expenses are not affected or violated and remain intact. Even in the case that the cargo is delivered or the title to the cargo is waived, the rights of Air Premia to charge such electricity expenses shall not be affected or violated.
3.3.9 If the actual total weight, volume, quantity or declared transported value of the cargo exceeds the total weight, volume, quantity or declared transported value used at the time of calculating the fares and fees, Air Premia may request that the shipper or recipient pay for the excess fares or fees.
3.3.10 Claims to damages for losses incurred by the cargo shall be exercised after all such fares and fees are paid. However, if the cargo is not fully delivered, regardless of whether the fares and fees were paid, a claim for damages may be made. The amount of damages shall be prohibited from being deducted from the relevant fares and fees.

Unless otherwise stipulated in the policies of Air Premia, Air Premia shall allow the transport of cargo within the extent that appropriate equipment can be used to handle the cargo or within the capacity of the cargo load on the aircraft.

4.2.1 If the declared value of one piece of a given item to be transported is in excess of 200,000 US dollars (or its equivalent), Air Premia shall not allow its transport. However, the transport of an item whose declared value is in excess of 200,000 US dollars (or its equivalent) may be allowed if prior consent from Air Premia is acquired. 4.2.3 Packaging and labeling of cargo 4.2.4 Cargo prohibited from transport
The above 4.1 notwithstanding, Air Premia shall not allow the transport of cargo that falls under any of the categories. 4.2.5 Conditional acceptance of cargo 4.2.6 Liability for the violation of the conditions for transport committed by the shipper
The shipper shall bear the liability for any violations of the conditional transport of cargo or cargo prohibited for transport by Air Premia, and shall hold Air Premia exempt for any losses incurred as a result of transporting such cargo.
4.2.7 Inspection of the content of cargo
Air Premia may open and inspect the content of the cargo for reasons of security and safety.

5.1.1 In association with the packaging, content, transport, delivery and reception of cargo, the shipper shall abide by the laws of the departure country, destination country, stopover country and countries that it passes through, as well as government regulations, orders or instructions. The shipper shall also provide such information to Air Premia and attach documents necessary for the observation of aforementioned rules to the waybill. Air Premia shall not be obligated to inspect whether the information or documents received are accurate or sufficient.
5.1.2 Air Premia shall not bear liability towards the shipper, recipient or any other party for losses incurred as a result of non-compliance by the shipper of the above Clause 1.
5.1.3 If Air Premia rejects the transport of cargo after making a conscientious decision in accordance with the law, government regulations, orders or instructions, Air Premia shall not bear liability.

5.2.1 Air Premia may pay the taxes, utilities or expenses incurred during the transport of the cargo on behalf of the client, but it does not bear such obligations. In such a case, the shipper and recipient shall, together, guarantee the payment of such expenses to Air Premia that Air Premia has paid on their behalf.

5.3.1 If Air Premia, during, before or after transport of the cargo deems it necessary to withhold the cargo at a specific point, it shall notify the shipper or the recipient at the address listed on the waybill and store the cargo in a warehouse or any other appropriate place, or hand it over to customs authorities or hand it over to another transporting institution for the remaining transport of the cargo to the recipient.
5.3.2 All expenses or risks that occur as a result of the measures taken as per the above 5.3.1 shall be the joint liability of the shipper and recipient who shall hold Air Premia exempt.

5.4.1 Air Premia reserves the right to change the scheduled flight schedules, flight routes, carriers or aircraft without notice. Air Premia shall not bear liability regarding connection at any point for the transport of the cargo. Air Premia may select or change to a route different from the one listed on the waybill.
5.4.2 Air Premia shall not bear any liability for the errors or missing information in the timetable or other printed materials. In addition, Air Premia shall not bear any liability for the statements or comments made by its employees or its agents regarding the departure or arrival times or the flight schedules.
5.4.3 In the following cases, Air Premia may without notice cancel, detour or delay the flight or the ticket for the flight that has not been implemented. Or, Air Premia may depart the flight without loading the cargo either partially or in its entirety. In addition, if the flight is cancelled, delayed, suspended or departs earlier than scheduled due to the following reasons, Air Premia shall not bear any liability for such changes. 5.4.4 If the shipper refuses to pay all or part of the amount invoiced by Air Premia, Air Premia reserves the right to cancel the transport of the cargo. In such a case, Air Premia shall not bear liability for the cancellation.
5.4.5 Air Premia shall determine the priority of transport among different pieces of the entrusted cargo, or among the entrusted cargo, other items, postal mail and passengers and may determine at any time and at any point of location the items to transport and the items inappropriate for transport, as well as depart the flight without loading all or part of the cargo based on such decisions. If the transport of cargo is delayed due to such prioritization, Air Premia shall not bear liability for the losses incurred.

The rights to dispose of cargo shall only be exercised if the shipper or his agent presents a waybill that had been sent to the shipper, and only regarding the entirety of the entrusted cargo listed on the waybill. Instructions to dispose of the cargo shall be made only in writing in accordance with the methods designated by Air Premia. If the recipient changes as a result of exercising the rights to dispose of the cargo, the newly designated recipient shall be considered the recipient on the waybill.

The shipper may exercise the rights to dispose of the cargo in the following cases on the condition that he will carry out all obligations under the transport contract and within the scope of not infringing on the rights of Air Premia or a third party.
6.2.1 Retrieval of the cargo at the departure airport or the destination airport
6.2.2 Suspension of the transport of cargo at any point during transport
6.2.3 Request for the transport to be handed over to a party other than the recipient listed on the waybill at the departure airport or during transport
6.2.4 Request for the cargo to be returned to the departure airport

The rights of the shipper to dispose of the cargo shall expire when the recipient is handed over the cargo after the cargo arrives at the destination airport, or when a claim for the hand-over of the cargo is made, or when an intention to collect cargo is expressed. However, if the recipient refuses to receive the cargo or if the recipient is unknown, the rights to dispose of the cargo shall remain with the shipper.

The above clauses of 6.1 notwithstanding, if Air Premia deems it impossible to follow the instructions of the shipper, it may deny the exercising of the rights to dispose of the cargo. In such a case, Air Premia shall immediately notify the shipper. The costs incurred for such notification shall be added to the cargo fares and fees.

Except for cases where the cargo is transported to a different point other than the destination airport as stipulated in Chapter 9, Air Premia shall notify the recipient using regular means in the airline industry of the arrival of the cargo. However, if there is a different instruction given by the shipper, it shall be honored. In addition, if a different party is listed on the waybill to whom the arrival notification is to be sent, the notification of the cargo’s arrival shall be sent to that party. Air Premia shall not bear liability for not receiving the arrival notification or the delay in such notification.

Unless a different party is listed on the waybill to whom the arrival notification is to be sent, the hand-over of the cargo shall only be made to the recipient listed on the waybill. However, if a different party is listed on the waybill to whom the arrival notification is to be sent, Air Premia shall send an arrival notification in accordance with the above 7.1 and consider the hand-over of the cargo to the party who received such notification as a valid hand-over of the cargo to the recipient. Unless there is prior agreement between the shipper/recipient and Air Premia, the recipient shall be handed over and receive the cargo at the destination airport.

7.3.1 Except for cases as stipulated in the below 7.4, if a recipient refuses to accept the cargo after it arrives at the hand-over location, Air Premia shall follow the instructions of the shipper as listed on the waybill. If there is no instruction from the shipper or if it is difficult for Air Premia to carry out the instruction of the shipper, Air Premia shall notify the shipper of the reasons that the recipient did not accept the cargo and take one of the following measures. 7.3.2 The shipper shall bear the liability for all fares and fees incurred as a result of the cargo not being handed over. Such fees include, but are not limited to, the fares and fees incurred as a result of returning the cargo. If the cargo is returned to the departure airport but the shipper refuses to make a payment or if the payment is not made within 15 days of the return, Air Premia may auction off or sell the cargo either in bulk or in portions after sending a 10 days’ notice to the shipper’s address listed on the waybill.
7.3.3 If the cargo is sold in accordance with the above Clause 7.3.1. B at the destination airport or the location to which it is returned, Air Premia may use the sales proceeds to offset the prepaid expenses it made to itself or other transport institutions, expenses and sales costs. Any remaining proceeds shall be preserved until further instructions from the shipper. If the sales proceeds are not enough to cover the aforementioned expenses, the shipper shall owe Air Premia the balance.

If transport of cargo prone to spoilage is delayed, the cargo is not handed over at the destination, the recipient refuses to accept the cargo, or there is concern that the cargo may spoil due to any other reason, Air Premia shall immediately take necessary measures for the wellbeing of Air Premia and other stakeholders. Such measures may include, but are not limited to, full or partial disposal of the cargo, measures taken upon the instructions of the shipper and at the expense of the shipper, full or partial storage of the cargo at the risk and expense of the shipper, and full or partial auctioning or sale of the cargo without notice. Such disposal of the cargo shall not mean that Air Premia waives its rights as a creditor to the payments owed by the shipper.

9.2.1 The pick-up, delivery or downtown cargo-handling services shall be offered in accordance with the listed location, additional fees and terms of transport as determined by Air Premia.
9.2.2 If pick-up, delivery or downtown cargo-handling services are offered by Air Premia, the articles of Chapter 12 concerning liability in these terms and conditions shall apply.

In such a case, unless the losses incurred in association with the transport are proven to be due to the negligence or deliberate act of Air Premia, Air Premia shall not bear any liability. If Air Premia designates another transport institution, it shall be deemed that the shipper or recipient delegates all rights necessary to implement the transport to Air Premia. The transferred rights shall include, but are not limited to, the selection of the transport mode and route, the creation of necessary transport documents and their reception(such documents may include a clause that holds Air Premia exempt from liability or limits Air Premia’s liability) and the rights to request the transport of cargo despite the declared value on the waybill being marked as “NVD( NO VALUE DECLARED)”.

International transport to which the Warsaw Convention applies shall have the liability clauses and restrictions of the Warsaw Convention applied. International transport to which the Amended Warsaw Convention applies shall have the liability clauses and restrictions of the Amended Warsaw Convention applied. International transport to which the Montreal Convention applies shall have the liability clauses and restrictions of the Montreal Convention applied. However, for international transport that is not defined in such conventions, Air Premia’s terms and conditions for transport shall apply.

Unless in violation of the international conventions as per 11.1, all tasks related to international transport of Air Premia shall be in accordance with the following.
11.2.1 Applicable laws, government regulations, orders or instructions
11.2.2 Air Premia’s terms and conditions for international cargo transport, applicable tariffs and other rules

12.1.1 When requesting that Air Premia transport his cargo, the shipper may declare the value of the cargo on the waybill if the transport price of the cargo exceeds 22 SDR per KG. In such a case, a valuation charge must be paid by the shipper. If the shipper has not paid the valuation charge, he shall be prohibited from claiming that he had no chance to declare the value of the cargo in any case.
12.1.2 The liability of damages to be paid by Air Premia on cargo whose transport value has been declared and whose valuation charge has been paid shall be the value of actual loss. In no case shall the liability limit surpass the declared transport value on the waybill.
12.1.3 If the declared transport value on the waybill is marked as “NVD (NO VALUE DECLARED), damages to be paid by Air Premia for the loss incurred by such cargo shall be limited to the actual loss incurred, but in no case shall they exceed 22 SDR/KG.
12.1.4 The shipper or recipient shall prove the actual value of loss when claiming any damages.

12.2.1 Unless otherwise stipulated in conventions applicable to transport, and unless it is proven that the loss incurred by the transport of Air Premia or tasks related to such transport was due to the deliberate act or negligence of Air Premia, no party, including the shipper or recipient shall bear liability.
12.2.2 Air Premia shall abide by applicable laws, government regulations, orders and instructions, and shall not bear liability for the direct or indirect losses incurred due to causes beyond the control of Air Premia or due to the non-compliance with the same applicable laws, government regulations, orders or instructions by the shipper, recipient or other party.
12.2.3 If the cargo has incurred losses, the maximum limit for liability borne by Air Premia shall be calculated based on the weight of the parts that incurred losses. However, if the partial losses incurred by the cargo affect the value of the overall cargo, the total weight of the cargo shall be taken into account when determining the maximum ceiling for liability to be borne by Air Premia. Independent of the above clause, if parts or all of the cargo that departs from or arrives in U.S.A. has incurred losses, the weight that was used to calculate the cargo fare(or for partial losses the pro rata weight) shall be used to calculate the maximum ceiling for liability to be borne by Air Premia.
12.2.4 If the damage or loss of the cargo was caused by the innate defect or nature of the cargo, Air Premia shall not bear the liability to pay damages. If the cargo of the shipper or recipient incurred losses for another person or property(including the aircraft), the shipper or recipient shall pay damages to Air Premia for all the losses and costs incurred by Air Premia as a result. Air Premia reserves the right to airdrop or destroy without notice the cargo that it deems to pose a risk of losses to another person or property. In such a case, Air Premia shall not bear any liability for the measures taken.
12.2.5 If all or part of the damage or loss of cargo was due to the negligence, fraudulent act or fault of the party claiming damages, Air Premia shall be held exempt against the liability to such losses either in full or partially, based on the rate of the fault or negligence of the party claiming damages.
12.2.6 Air Premia shall not offer any guarantee on the airworthiness or fitness of the aircraft used in transport under the transport contract.
12.2.7 Air Premia shall not bear liability for the loss or damage to cargo occurring on other routes than those serviced by Air Premia. Even in cases where Air Premia issues a waybill for transport on a route operated by another transport institution, Air Premia only serves as an agent. However, in the case that Air Premia, under the transport contract, is the initial or last carrier, the passenger shall reserve the right to claim damages to Air Premia for the loss, damage or delay of checked-in baggage.
12.2.8 Air Premia shall not bear liability for the natural death of an animal, or the death or injury caused by the animal itself, another animal or the condition, nature or habit of the animal itself, or by safety reasons.
12.2.9 In no case shall Air Premia bear liability for the death or injury of the cargo attendant caused by the condition, behavior, nature or habit of the animal or by the status of another piece of cargo.
12.2.10 Air Premia shall accept transportation of cargo that has the risk of its quality being undermined or spoiling due to the change in climate, weather, altitude, death, general exposure or transfer time, only under the conditions that it shall not bear liability for losses due to undermined quality or spoilage.
12.2.11 For indirect or special losses incurred as a result of transport, regardless of whether Air Premia was aware of the occurrence of such loss, it shall not bear liability in any case.
12.2.12 The limited liability and exemption of Air Premia stipulated in these terms and conditions shall apply not only to Air Premia, but also to its representatives, employees, agents, and the owner of the aircraft used by Air Premia(and the owner’s representatives, employees or agents). In addition, the total value that can be received as damages from Air Premia, its representatives, employees, agents, and the owner of the aircraft used by Air Premia(and the owner’s representatives, employees or agents) shall not exceed the maximum limit for Air Premia’s liability to damages set in these terms and conditions.

12.3.1 If the individual with the rights to be handed over the cargo receives the cargo without complaints, it shall be considered that the cargo has been handed over in a decent state in accordance with the transport contract.
12.3.2 In the case of a loss, damage or delay of the cargo, the individual with the rights to be handed over the cargo shall submit in writing his claims to damages to the carrier in accordance with the following criteria.

The rights to file a lawsuit regarding the liability of Air Premia shall expire unless legal charges are filed within two years of the day of arrival at the destination airport or the day on which the aircraft should have arrived, or the day on which the transport suspended, whichever is the latest.

The rules under these terms and conditions, the waybill or the applicable tariff shall remain valid unless they violate applicable laws, government regulations, orders or instructions. Even if one clause becomes invalid, this shall not affect the validity of other clauses.

Unless in accordance with appropriate procedures, the representative, employees or agents of Air Premia shall be prohibited from changing, amending or withdrawing any rules under these terms and conditions, the transport contract or other applicable tariffs. Nor do they have the authority to waive any rights.