Standard Ground Handling Agreement
SIMPLIFIED PROCEDURE
Reg. N2: JFK /LED 8 1.4.
ANNEX 8 1.4. - Location(s), Agreed Services and Charges to the
Standard Ground Handling Agreement (SGHA) of January 2004
Between:
Baltia Airlines, Inc.
Having its principal office at:
63-25 Xxxxxxxx St., Ste 7i ,
Xxxx Xxxx , XX 00000
XXX
hereinafter referred to as "the Carrier" and
ZAO "Cargo Terminal Pulkovo"
Having its principal office at:
Xx. Xxxxxxxxxx 000000, Xxxxxx
Pulkovskoye shosse, 37, building 4,
hereinafter referred to as "the Handling Company"
Effective from: 01/06/2013
This ANNEX 8 1.4.
For the location: Xxxxxxx Xxxxxxx, Xxxxx-Xxxxxxxxxx
Is valid from 01/06/2013 till 31/05/2014
and replaces: all previous Agreements. Appendixes and
Annexes
PREAMBLE:
This Annex 8 1.4 has been prepared in accordance with the
simplified
procedure, whereby the Carrier and the Handling Company agree that
the
terms of the Main Agreement and Annex A of SGHA of January 2004 as
published by the International Air Transport Association (lATA)
shall
apply as if such terms were repeated here in full. By signing this
Annex
8 1.4 the Parties confirm that they are familiar with the
aforementioned
Main Agreement and Annex A
PARAGRAPH 1 - HANDLING SERVICES AND CHARGES
1.1 The Handling Company shall provide the following services of
Annex
A at the following rates.
The rates are stated in USD and do not include VAT. VAT should be
raised,
ultimately, from the Carrier, according to Russian Federation
Legislation.
1.2 No extra charges will be due over and above the charges as
mentioned
in sub-paragraphs 1.3 and 1.5, of this Annex 8 1.4 for providing
these
services at night, on Public Holidays.
1.3 Cargo and mail Handling charges
1.3.1 The rate for general cargo handling shall be-
according to the following table NQ1, per kg.:
Table NQ1 I Ta6m11.-1a NQ1 (Rates for qeneral carqo I CTaBI
lronnage, tons/
lfoHHa>K, TOHHbl
::;; 1 ton
> 1 ton,
::;; 10 tons
>10 tons,
::;; 20 tons
Rate,USD per kg./ CTaBKa USD 3a Kr
0,21
0,19
0,15
1.3.2 The rate for mail handling shall be - according to I
the following table NQ2, per kg.:
Table NQ2/ Ta6nt.-11..\a NQ2
Rates for mail/ CTaBKI-1 gnno*
Tonnage, tons/
TOHHa>K, TOHHbl
::;; 1 ton
>"
:53
Rate,USD per kg./ CTaBKa USD 3a Kr
0,26
0
1.3.3 The rate for special cargo handling shall according to the
ollowing table NQ3, per kg.:
Table NQ3 I Ta6nl!11..\a NQ3/ (Rates for special cargo I CTa E
onnage, tons/
lroHHa>K, TOHHbl
::;; 0,1 ton
> 0,1 ton
::;; 1 ton
Rate,USD per kg./ CTaBKa USD 3a Kr.
0,24
0,20
1.3.4 The rate for handling of general cargo, mail, and special
cargo
is defined as follows, depending on kind of the cargo:
At the end of each month, weight of cargo, mail, and special cargo
is
summarized separately for this particular month. The rate for
cargo, mail,
and special cargo is applied corresponding the tonnage for this
particular
month.
The cargo that has arrived to the terminal according to the Air
Waybills
(AWB) by ground transport and then factually located on the
warehouse
determines by us as air cargo. So, the weight of the cargo that is
delivered by airline on trucks according to AWB will be
summarized
with the total tonnage that was transported by the airline per
month and will be rated according to the Table NQ1 and Table NQ3
of
this Annex 8 1.4 (depending on the cargo type whether it is
general or special)
(initials ID)
from the Carrier
1.3.5. Special cargo is considered to be aviation shipment which
requires special individual technology and handling.
Special cargos are:
Human remains (HUM), heavy - weight (HEA) and oversized cargo (BIG),
diplomatic cargo (DIP), valuable cargo (VAL), live animals (AVI),
dangerous goods (DG), perishables (PER), human blood and organs
(LHO).
Perishable cargo (PER) and Pharmaceuticals (PIL) should not be
charges
as special cargo until (COL) and (FRO) is applied in Airway Xxxx.
Cargo
should be marked properly.
1.3.6. The rate for speeded up cargo handling is calculated
according
to table 3.
Speeded up cargo handling means express cargo handling procedure
when
outbound cargo is accepted 80 minutes before ETD and documents
readiness
for releasing to the consignee 60/90 minutes after cargo arrival
according
to ETA.
1.4. Charges for the cargo storage
General cargo is considered to be packed or piece cargo, which
doesn't
require special conditions and technology for handling.
1.4.1. General cargo storage is free of charge within 3 (three)
days. For
utbound cargo (export) free storage period starts prior 3
(three)
days to the shipping date of cargo, as shown in AWB. For
inbound
cargo (import) free storage period starts from the date of informing
the
consignee about the cargo arrival.
Free storage is not applicable for cargo stored in refrigerating
isotope
xxxxxxxx, live animals, and any special cargo as well.
In case of part delivery of shipments each part of shipment is
considered
to be a separate one.
1.4.2. The Consignee pays storage of inbound cargo
(import)
from the date of informing the Consignee by the Handling
Company
until the date of receiving and shipping the cargo from
the
Handling Company's warehouse, in accordance with the
opened
published tariffs, including terms and periods of free storage.
The Shipper pays storage of outbound cargo (export) from
the
date of accepting cargo by the Handling Company until the shipping
date,
as showed in the AWB, including terms and periods of free storage.
Date
shown on the AWB must not be earlier than the date of acceptance of
the
documents by the export dispatcher of the Handling Company.
The Carrier pays the storage of outbound cargo
(export) from the shipping date, as showed in AWB until the date of
actual shipping, in case the cargo was not shipped in accordance
with
AWB shipping dates due to any reasons, except the failures of the
Handling Company, according the tariffs, pointed below.
General cargo- USD 0.10 per kg per day.
Cargo, which is stored in the refrigerating chamber (from 1st day of
placement) - USD 0.15 per kg per day
Dangerous cargo (from 151 day of placement) -USD 0.20 per kg per day
Cargo, which is stored in the isotope chamber (from1st day of
placement)
- USD 15.00 per cargo piece.
Valuable cargo (from 1-st day of placement)- USD
0.15 per kg per day.
1.5. Charges for Ramp Handling
1.5.1. For a single ground handling consisting of the arrival and
the
subsequent departure at agreed timings of the same aircraft, the
Handling
Company shall provide the following services at the following rates.
The rates are stated in USD and do not include VAT. VAT is raised
ultimately from the Carrier, according to Russian Federation
Legislation.
The rate for Ramp handling shall be charged per turnaround in
accordance
with the following table N4:
Table N04:
Aircraft type Rate, USD
B747 259
1.5.2. No charge for ramp handling is applied in case there is no
mail
and cargo on turnaround flight.
1.5.3. Handling in case of technical landing for other than
commercial
purposes will be charged at 50 % of the above rates, provided that a
physical
change of load is not involved.
1.6. AGREED SERVICES, THAT IS PERFORMED BY THE HANDLING COMPANY
Section 1. Representation, Administration and Supervision
1.1. General
1.1.3. Indicate that the Handling Company is acting as handling
agent
for the Carrier
1.2 Administrative Functions
1.2.4 Maintain the Carrier's manuals, circulars, etc., connected
with
the performance of the services
(Initials I.D.)
from the Carrier
Annex B1.4
np1-u1o>K*
Section 3. Ramp services
3.6 Loading and unloading
3.6.3 (a) Provide
Equipment for loading and/or unloading
3.6.5 (a) Provide
Equipment for transport and assembly of
(2) Cargo
3.6.6 (a) Unload aircraft, returning lashing materials to the Carrier
(b) Load and secure Loads in the aircraft
3.6.7 Redistribute Loads in aircraft (in accordance with
Carrier's
instructions)
3.6.10 (a) Provide safeguarding of all Loads requiring special handling
(e.g. valuables) during
(1) loading/unloading
(2) transport between aircraft and designated point on the airport
Section 4. Load control, communications and flight operations
4.1 Load control
4.1.2 (a) Prepare airway bills and cargo manifests where:
(2) Load Control is performed by the Carrier.
4.2 Communications
4.2.1 (a) Compile
(c) Perform EDI (electronic data interchange) transactions
(d) Inform the Carrier's representative of the contents of such
messages
4.2.2 Maintain a message file containing all above mentioned
messages
pertaining to each flight for a minimum of 90 ninety days
Section 5. Cargo and Mail Services
5.1 Cargo and Mail Handling- General
5.1.1 (a) Provide warehouse handling and storage facilities for
(1) General Cargo
(2) Special Shipments
(3) Specialised Cargo Products
(c) Store Cargo
(d)Take appropriate action to prevent theft of, or damage to cargo
5.1.2(a) Provide equipment for the handling of
(1) General Cargo
(2) Special Shipments
(3) Specialised Cargo Products
5.1.3 (a) Provide handling services for:
(1) General Cargo
(2) Special shipments
(Initials I.D.)
from the Xxxxxxx
Xxxxx X0.0
xx0-0xxxX
(3) Specialised Cargo Products
(5) Diplomatic Mail
(6) Diplomatic cargo
5.1.6 Take appropriate action to prevent theft or unauthorised use
of, or
damage to, the Carrier's pallets, containers, nets, straps, tie-down
rings
and other material in the custody of the Handling Company. Notify
the
Carrier immediately of any damage to or loss of such items.
5.2 Customs control
5.2.3 Place cargo under Customs control for:
a) Inbound cargo b) Outbound cargo
5.3 Irregularities Handling
5.3.2 Report to the Carrier any irregularities discovered in
cargo handling
5.3.3 Handle lost,found and damaged cargo
5.4 Document handling
5.4.1(b) Check all documents to ensure shipment may be carried.
The check
shall not include the rates charged.
(c) Obtain capacity/booking information for the
Carrier's flight.
(d) Split air waybill. Forward applicable copies of manifest and air
waybills to the Carrier.
(e) Prepare cargo manifest(s).
(f) Provide the load control unit with Special
Load Notification.
(g) When applicable return copy of air waybill to shipper, endorsed
with
flight details.
5.4.2 (a) Notify consignee or agent of arrival of shipments
(b) Make available cargo documents to consignee or agent.
5.5 Physical Handling Outbound/Inbound
5.5.1 Accept cargo, ensuring that
b) manual labels are affixed and processed
c) shipments are ready for carriage
d) the weight and volume of the shipments are checked
e) the regulations for the carriage of special cargo, particularly
the
IATA Dangerous Goods Regulations (DGR), lATA Live Ani- mals
Regulations
(LAR), and others have been complied with.
5.5.2 Tally and assemble for dispatch cargo for the Carrier's flight
5.5.3 Prepare (a) Bulk cargo (b) ULDs
For delivery onto flights
Annex B 1.4
(Initials I.D.)
from the Carrier
5.5.4 Establish the weight of
(a) Bulk cargo
(b) built-up ULDs
and provide the load control unit with dead load weight
5.5.5 (a) Offload bulk cargo from aircraft
(b) Check incoming cargo against air waybills and manifests
(c) Break down ULDs
5.5.6 Release cargo to the consignee or agent
5.7 Post Office Mail
5.7.3 Deliver inbound mail to
(a) on airport postal facility together with Post Office mail
documents,
against receipt from postal authorities
5.7.4 Pick outgoing mail from Postal Facility
(a) on airport
5.7.8 Establish the weight of
(a) Bulk mail
(b) Built-up ULD's
and provide the load control unit with deadload weights
Section 6. Support services
6.3 Unit Load Device (ULD) Control
6.3.1 (a) Provide storage space for ULDs
(2) cargo ULOs
6.3.2 Take action to prevent damage, theft or unauthorised use of
the
Carrier's ULDs in the custody of the Handling Company. Notify
the
Carrier immediately of any damage or loss.
6.3.3 (a) Take physical inventory of ULD stock and maintain records
(b) Compile and dispatch ULD control messages
6.3.4 Prepare ULD exchange control documentation for all transfers
of ULDs
and obtain signature(s) of the transferring and receiving
carrier(s) or
approved third parties and distribute copies of such kind of documents.
6.3.5 Handle lost, found and damaged ULDs and notify the
Carrier of
such irregularities
6.7 Surface Transport
6.7. 1 (a) Provide the transport of
(3) cargo and/or mail
(4) empty ULDs
(Initials I.D.)
from the Carrier
Annex B 1.4
between
(c) separate terminals at the same airport
PARAGRAPH 2- ADDITIONAL SERVICES AND CHARGES
2.1. Charges for the ULD handling and storage
2.1.1 ULD's storage- USD 1.80 per unit per day.
2.1.2. Deliver empty ULDs between container area of luggage
department of
Airport Pulkovo and container area of Handling Company, and
vice
versa, shall be charged USD 5.00/ULD per unit.
2.2. Unclaimed Cargo
Cargo, which was not received and taken by the Consignee after the 2
month
of storage from the Handling Company, counting from the moment of
informing
the consignee - is considered to be unclaimed cargo. The
Handling
Company informs the Carrier about unclaimed cargo in accordance with
IRP
telexes procedures.
The Carrier is obliged to clear storehouses of the Handling Company
from the
unclaimed cargo and to pay for full period of storage keeping,
as
well as other compensations, expenses, penalties non- delivery
oriented.
The payment of cargo storage within 2 (two) months is counted
according
to the tariffs, mentioned in paragraph 1.4.2. After the expiry of 2
months
the charge for undelivered import cargo storage is USD 0.80 per 1 kg
per
day (for all category of cargo).
2.3 Charges for the Service Cargo
Cargo is considered to be a service one if it belongs to the
Carrier,
is addressed to the Carrier or the representative of the Carrier.
Among
the service cargo are retail materials of airline, aircraft
spares,
special packing materials, catering items, blanks and forms,
personal
effects of airline stuff.
There is no charge for the storage of outbound (export)
service
cargo prior 3 days counting from the date of shipping, showed
in
AWB. There's no charge for the storage of inbound (import)
service
cargo during 3 (three) days, counting from the date of placement to
the
storehouses of the Handling company.
Storage of Carrier's outbound/inbound service cargo in USD 0.08 per
kg starting from the 4th day.
2.4. All services not included in Paragraph 1 and mentioned above in
Paragraph 2 of this Annex B
1.4 shall be charged to the Carrier by the Handling Company at rates
which are acting at the moment when actual services had been
provided b
y the
Handling Company, with the prior consent of the Xxxxxx.
PARAGRAPH 3- DISBURSEMENTS
Any disbursements made by the Handling Company on behalf of the
Carrier
shall be reimbursed by the Carrier at cost price plus an accounting
surcharge of 10 (ten)%. The disbursements amount will be stated in
the
below monthly invoices.
PARAGRAPH 4- LIMIT OF LIABILITY
Notwithstanding Sub-Article 8.1.(c) of the Main Agreement
and in
addition to Article 8.5 thereof, the Handling Company shall
indemnify
the Carrier against direct loss of or damage to the
Carrier's
cargo (excluding Mail) caused by the negligent act or omission
by
or on behalf of the Handling Company in the provision of
the
services and/or the supply of goods under this Annex 8 1.4,
PROVIDED ALWAYS THAT the Handling Company's liability shall
be limited
to 17 SDR per kilo or to the actual compensation paid out by the
Carrier,
whichever is less. In any event, the total amount of the
claim
shall not exceed USD 1,000,000, except that loss or damage
in respect
of any claim below USD500 shall not be indemnified. For the
avoidance
of doubt, the liability of the Handling Company shall never
exceed the
liability of the Carrier.
For the avoidance of doubt this Paragraph does not affect or
prejudice the
generality of the provisions of Sub-Article 8.1. of the Main Agreement
PARAGRAPH 5- SETTLEMENTS
Notwithstanding Sub-Article 7.2 of the Main Agreement, settlement
of
account shall be effected as follows:
5.1. Calculations for the provided services would be made in
accordance
with data, stated in the cargo documentation (AWB, cargo manifest,
mail manifest)
5.2 The Handling company shall invoice the Carrier before the 10-th
day of the next month.
5.3 All invoices shall be expressed in USD and will be paid in
USD
or RUR in accordance with the Central Bank of Russian
Federation
exchange rate on the day of invoice issuing.
5.4. The payment term is 30 (thirty) banking days from the date of
invoice.
5.5 Bank comm1ss1on rates and post office fees should be paid
by
the Carrier.
5.6 The handling tariffs set out in Paragraph 1, charges
applicable
under Paragraph 2 of this Annex B 1.4, as well as prices
declared in
price list do not include the value added tax (VAT). VAT
should be
borne ultimately by the Carrier, according to RF legislation.
5.7. In case of overdue payments, the Handling Company has the right
to
impose a penalty at a rate of 0.1 (zero point one)% of the
outstanding amount
per each day of delay, or to suspend servicing of the Carrier.
Payment by the
Carrier of the penalty shall not decrease the amount of the
Carrier's
pecuniary obligation under the Agreement.
5.8 The Carrier shall remit the amount of the invoice to the
Handling
Company's account.
5.9 Payment can be made by Representation of the Carrier in
St.Petersburg,
authorized for such payments on behalf of the Carrier.
5.10 Party's Banking Details:
The Handling Company:
ZAO "Cargo Terminal Pulkovo"
Principal office address: Xxxxxxxxxxx xx. 00, xxxxxxxx 0,
Xx. Xxxxxxxxxx 000000, Xxxxxx
Mailing address: Xxxxxxxxxxx xx 00, xxxxxxxx 0,
Xx. Xxxxxxxxxx, 000000, Xxxxxx
ION 7810129213 KPP 781001001
Settlement account in Rubles:
Account: 40702 810 717 000 003 322
PC BANK SAINT-PETERSBURG
Oktiabrskiy branch
Corr. ace. 30101 810 900 000 000 790, BIC 044 030 790
Currency settlement account in US Dollars:
SWIFT: XXXXXX0X
PC BANK SAINT-PETERSBURG
Oktiabrskiy branch
Account N: 40702 840 817 000 203 332
E-mail: xxxx.xxxxxxxx@xxxxxxx-xxxxx.xx
Tel. x0 000 000 00 00
The Carrier
Baltia Airlines, Inc.
Principal office address: 00-00 Xxxxxxxx Xx., Xxx 0x , Xxxx Xxxx, XX
00000 XXX
Mailing address: 00-00 Xxxxxxxx Xx., Xxx 0x , Xxxx
Xxxx, XX 00000 XXX ABA routing 000000000 phone:000-000-0000
E-mail: xxxxxxxx.xxxx@xxxxxx.xxx
Settlement account in US Dollars:
Account: 689700121
Annex B1.4
(Initials I.D.)
from the Carrier
HSBC Bank
00-00 00xx Xxxxx, Xxxx xxxx, XX, 00000
ABA routing 000000000
PARAGRAPH 6- NOTIFICATION
In accordance Sub-Article 11.3 of the Main Agreement, any
notice or
communication to be given hereunder shall be addressed to
the
respective parties as follows:
Handling Company
ZAO "Cargo Terminal Pulkovo" Xxxxxxxxxxx xxxxxx, 00, xxxxxxxx 0,
Xx. Xxxxxxxxxx 000000, Xxxxxx
tel.: x0 000 000 00 00, fax:+ 0 000 000 00 00
tel: + 0 000 000 00 00
e-mail: xxxxxxxxx.xxxxxxx@xxxxxxx-xxxxx.xx e-mail:
xxxxx.xxxxxxxx@xxxxxxx-xxxxx.xx SITA: LEDFFXH
The Carrier (Head office) Baltia Airlines, Inc.
Principal office address: 00-00 Xxxxxxxx Xx., Xxx 0x ,
Xxxx Xxxx, XX 00000 XXX
Mailing address: 00-00 Xxxxxxxx Xx., Xxx 0x , Xxxx
Xxxx, XX 00000 XXX ABA routing 000000000
tel: 718-244- 8880, 0-000-000-0000 fax: 1-718- 000-0000
PARAGRAPH 7- GOVERNING LAWS
The parties shall undertake all actions to attempt a settlement of
the
disputes and contradictions emerged across the agreement negotiating.
This agreement shall be governed by and interpreted in
accordance
with the laws of RF. Notwithstanding with Article 9 of Main
Agreement
arbitration shall be conducted in the Arbitration Court of
Saint-Petersburg and Saint-Petersburg region.
PARAGRAPH 8- OTHER TERMS AND CONDITIONS
8.1 The parties shall undertake to inform each other in writing of
any changes in their address or banking details within 10 (ten)
days.
Any changes or other communications to be transferred fmm one party
to the other party shall be transferred in writing form.
8.2 Notwithstanding Article 11 of the Main
Agreement the following will apply:
In case of considerable changes in handling procedures and/or
information technology specifications, and if parties cannot
agree on implementing or correcting such situation within 60
(sixty)
days, parties are entitled to unilaterally cancel this Annex B
1.4
without prejudice to any other rights.
(Initialsd I.D.)
from the Carrier
Annex B 1.4
8.3 The Annex is made in Russian and English, with one original for
each
Party. In the event of any ambiguity, however, the English
language
shall prevail.
8.4 This Annex 8 1.4 shall be effective from 01/06/2013
till
31/05/2014. In a part of settlements- before fulfillment by the
parties the
obligation under the Annex 8 1.4 It shall supersede any
previous
arrangements between the Parties governing the provision of
services at
locations for which is valid this Annex 8 1.4.
8.5 Both Parties shall be exempt from their obligations if
prompt
notification is given by either Party in respect of any
failure
to perform its obligations under this Annex 8 1.4 arising from
a force
majeure event or any other cause beyond the reasonable control of
either
Party.
PARAGRAPH 9- CONFIDENTIALITY
9.1. Each Party hereto expressly agrees that all information,
documents
and/or data, commercial or otherwise, furnished by the other Party
shall
be kept confidential and be used solely for the performance of this
Annex
'8 1.4 and shall not be disclosed to any third party without the
other
'Party's prior written consent and that no reproduction of
such
';information, documents and/or data shall be made except for 1)
the
internal use of the Party to whom such information, documents
and/or
data are furnished and 2) except for legal and tax purposes. In
particular, the Handling Company agrees to ensure that all
its staff respect the confidentiality of all security measures and
received information, including that contained in the security
training
documents, which remain the property of the Carrier.
9.2 The Handling Company agrees to take all necessary action to
ensure
compliance with these obligations by its subcontractors, if applicable.
(Initials I.D.)
from the Carrier
Annex B 1.4
9.3 The confidentiality commitments defined in this Sub-paragraph
shall
remain in full force and effect throughout the term of this Annex B
1.4.,
and five (5) years after its termination or expiry.
PARAGRAPH 10- PARTIES ENDORSEMENT
Signed for and on behalf of the Handling Company
Rybakova L.l./ Pb
Financial Director- Chief Accountant/
Xxxxxxxxx Xxxxxxx/ Director/
Signed on behalf of the Carrier/
_________(signature)___________
Igor Dmitrowsky
President
President/ np
from the Xxxxxxx
Xxxx
npVIflOlKE
