Information

Benin National Air Transport System - History


Benin

number of registered air carriers: 1
inventory of registered aircraft operated by air carriers: 1
annual passenger traffic on registered air carriers: 112,392
annual freight traffic on registered air carriers: 805,347 mt-km (2015)
Civil aircraft registration country code prefix:
TY (2016)
Airports:
6 (2013)
country comparison to the world: 171
Airports - with paved runways:
total: 1
1,524 to 2,437 m: 1 (2017)
Airports - with unpaved runways:
total: 5
2,438 to 3,047 m: 2
1,524 to 2,437 m: 1
914 to 1,523 m: 2 (2013)
Railways:
total: 438 km
narrow gauge: 438 km 1.000-m gauge (2014)
country comparison to the world: 118
Roadways:
total: 16,000 km
paved: 1,400 km
unpaved: 14,600 km (2006)
country comparison to the world: 120
Waterways:
150 km (seasonal navigation on River Niger along northern border) (2011)
country comparison to the world: 101
Merchant marine:
total: 6
by type: other 6 (2017)
country comparison to the world: 159
Ports and terminals:
major seaport(s): Cotonou
LNG terminal(s) (import): Cotonou


Safety and security

COVID-19 - Preventative measures and restrictions

In an attempt to limit the spread of COVID-19, most governments have implemented preventative measures and restrictions.

  • curfews, movement restrictions, or lockdowns
  • the obligation to wear a face-covering or a surgical mask in some circumstances
  • the obligation to present proof of vaccination or a COVID-19 test result to access public services and spaces

Before travelling, verify if specific restrictions or requirements are in effect.

The security situation is generally stable. You should be vigilant at all times, however, and avoid demonstrations, large crowds and public areas where unrest may occur.

Areas along the borders with Burkina Faso, Niger and Nigeria

Armed groups operate along the borders with Burkina Faso, Niger and Nigeria, including in national parks, in the departments of Atacora, Alibori and Borgou, as well as the area north of National Highway 7. Attacks and kidnappings take place.

Exercise a high degree of caution in regions bordering Nigeria in the departments of Collines, Plateau and Ouémé because of potential incursions by Nigerian militants.

The land border crossing linking Sèmè-Kpodji to Seme Border in Nigeria is only open between 6 a.m. and 6 p.m.

Crime

Petty crimes, such as purse snatching and pickpocketing, occur.

Robberies and muggings are a significant problem in Cotonou near the port, near railways and along the beaches near hotels frequented by international visitors.

Armed robbery, especially at night, has increased in Cotonou and is common in the area bordering Nigeria.

Carjackings are on the rise throughout the country.

Avoid driving and walking after nightfall.

Do not show signs of affluence, and ensure that your personal belongings and travel documents are secure, particularly in the Dantokpa market.

Terrorism

There is a threat of terrorism. Benin&rsquos involvement in a regional military offensive against Boko Haram makes it a potential target for terrorist attacks.

Attacks may occur at any time.

  • government buildings, including schools
  • places of worship
  • airports and other transportation hubs and networks
  • public areas such as tourist attractions, restaurants, bars, coffee shops, shopping centres, markets, hotels and other sites frequented by foreigners

Always be aware of your surroundings when in public places.

Demonstrations

Demonstrations may occur. Even peaceful demonstrations can turn violent at any time. They can also lead to disruptions to traffic and public transportation.

  • Avoid areas where demonstrations and large gatherings are taking place
  • Follow the instructions of local authorities
  • Monitor local media for information on ongoing demonstrations

Piracy

Pirate attacks and armed robbery against ships occur in coastal waters. Mariners should take appropriate precautions.

Live piracy report - International Maritime Bureau&rsquos Piracy Reporting Centre

Fraud

Credit card and ATM fraud occurs. Be cautious when using debit or credit cards:

  • pay careful attention when your cards are being handled by others
  • use ATMs located in well-lit public areas or inside a bank or business
  • avoid using card readers with an irregular or unusual feature
  • cover the keypad with one hand when entering your PIN
  • check for any unauthorized transactions on your account statements

Road safety

Road conditions range from fair to poor.

Watch for vehicles changing lanes without warning because of broken-down vehicles and potholes in their path.

There are paved roads in Cotonou and along the coast, and one leading north to Niger. Other roads are made of hard-packed sand and may become impassable during the rainy seasons.

Poor driving habits, inadequate street lighting, motorcycle traffic and overloaded trucks pose additional hazards.

Avoid overland travel after dark, particularly on the coastal highway, in the border regions with Nigeria and Nigeria, and on the road linking Cotonou and Parakou.

In case of an accident resulting in injury, take the individual directly to the hospital. If witnesses are hostile, go immediately to the nearest police station.

Fuel shortages are frequent in the rural areas of northern Benin.

Public transportation

Public transportation in Cotonou, including moped taxis, is not reliable.

Buses can be used for travel within Benin.

Air travel

We do not make assessments on the compliance of foreign domestic airlines with international safety standards.

General safety recommendations

Cotonou is the main port and the largest city in Benin. Tourist facilities are available there but are limited elsewhere in the country.

Exercise caution and avoid visiting beaches alone. Ocean currents are very strong along the coast. Many people drown each year.


Visas: You will need a passport, visa, and proof of yellow fever vaccination to enter Benin. Visas cannot be purchased at the airport. Make an advance arrangement through your country’s Beninese embassy.

Transportation: Transport between cities can be difficult, as roads are sometimes unpaved if you must drive yourself, a vehicle with four-wheel drive is recommended. It is easiest to take a bush taxi or bus, although you shouldn’t travel in them by night. Benin has no public transportation system, but taxis and zémidjans(motorcycle taxis, also called “zemis”) are cheap and convenient. Domestic airlines offer flights between cities, and a train system connects Cotonou to Bohicon, Savé, and Paracou.


3. Legal Regime

Transparency of the Regulatory System

Benin is a member of UNCTAD’s international network of transparent investment procedures. Foreign and domestic investors can find detailed information on administrative procedures applicable to investment and income generating operations at http://benin.eregulations.org/ , including the number of steps, name and contact details of the entities and persons in charge of procedures, required documents and conditions, costs, processing time, and legal bases justifying the procedures. There is no rule to prevent a monopoly over a particular business sector. The Benin Private Investment Council (CIPB) is the only business-related think-tank or body that advocates for investors, http://www.cipb.bj/ . Generally, draft bills are not available for public comment. However, individuals (including non-citizens) have the option to file appeals about or challenge passed or enacted bills with the country’s Constitutional Court.

International Regulatory Considerations

Benin is a member of the Organization for the Harmonization of African Business Law, known by its French acronym OHADA, and has adopted OHADA’s Universal Commercial Code (codified law) to manage commercial disputes and bankruptcies within French-speaking African member countries. Benin is also a member of OHADA’s Common Court of Justice and Arbitration and the International Center for the Settlement of Investment Disputes (ICSID). OHADA provisions govern bankruptcy. Debtors may file for reorganization only, and the creditor may file for liquidation only.

Legal System and Judicial Independence

The preamble of the Beninese Constitution, adopted on December 11, 1990, highlights the attachment of the Beninese people “to principles of democracy and human rights as they have been defined by the Charter of the United Nations of 1945 and the Universal Declaration of Human Rights of 1948, the African Charter on Human and Peoples’ Rights adopted in 1981 by the Organization of African Unity and ratified by Benin on 20 January 1986 and whose provisions form an integral part of this present Constitution and of Beninese law and have a value superior to the internal law.”

Benin’s domestic law includes various legislative and regulatory texts covering family law, land law, labor law, criminal law, criminal procedure, and civil, commercial, social, and administrative proceedings. The commercial court, created in 2017, enforces commercial related issues. Benin created an anti-terrorism, drugs, and economic crimes court (CRIET) in 2018. The CRIET has made several controversial decisions, including in cases of corruption charges against individuals who are among President Talon’s detractors. In general, court cases tend to proceed slowly and there may be challenges in the enforcement of court decisions. Magistrates and judges, though appointed by the Executive, are by law independent. Benin’s courts enforce rulings of foreign courts and international arbitration .

Laws and Regulations on Foreign Direct Investment

The APIEX one-stop-shop website, http://benin.eregulations.org/ , provides information on regulations and procedures for investment in Benin. Benin is a member of OHADA’s Common Court of Justice and Arbitration (CCJA) and the International Center for the Settlement of Investment Disputes (ICSID). Investors may include arbitration provisions in their contracts in order to avoid prolonged entanglements in the Beninese courts. The United Nations’ investment guide for Benin ( https://www.theiguides.org/public-docs/guides/benin/ ) details investment procedures in Benin.

Competition and Anti-Trust Laws

There is no existing agency that reviews transactions for competition-related concerns. Only the local court or international arbitration courts may address these concerns filed with them. There are no recent or existing competition cases to highlight.

Expropriation and Compensation

Based on a 1992 privatization law, the Government is forbidden from nationalizing private enterprises operating in Benin.

In conformity with World Bank structural reform commitments, the government opened the cotton sector and its related components (namely ginning and inputs) to the private sector in the 1990s, and in 2008 divested the ginning industry part of its agricultural parastatal SONAPRA (Société Nationale pour la Promotion Agricole) moving the ginning assets and regulatory control functions to SODECO (Societe de Developpement du Coton). SODECO is a public-private joint venture: 35 percent government, 45 percent private (controlled by Societe Commune de Participation-SCP of now-President Patrice Talon), and the remainder split between stock market, local communities, cotton growers, and staff members but run by SCP. According to the founding convention, the GOB was to cede by 2013 its share to SCP. With no publicly available on current SODECO ownership nobody would argue that SCP fully controls it . In October 2012, prompted by concerns over performance and mismanagement, the government reassumed control of cotton production and ginning holdings under SONAPRA. In 2014, OHADA’s CCJA judged that the Beninese government had illegally seized SODECO’s ginning assets, and similarly had illegally revoked the Port of Cotonou cargo inspection contract with the private company Benin Control. The CCJA ordered payment of USD 267 million in compensation to the two companies owned or largely controlled by then-cotton tycoon, and current Head of State, Patrice Talon (see http://www.ohada.org/index.php/fr/ohada-au-quotidien/role-des-audiences-publiques-de-la-cour-ccja ) . Under President Talon’s administration, in 2016 SODECO took back control of its ginning facilities and SONAPRA was dissolved.

In 2006, the government took over the management of previously privatized oil company SONACOP on the grounds that the company was in financial disarray, lacked funds for its operations, and was unable to supply gas stations throughout the country. SONACOP is still a state-owned enterprise charged with import and distribution of petroleum products.

In February 2017, the Council of Ministers announced that the government was terminating concessions for the management of four state-owned hotels (two in Cotonou and two in northern Benin), and instructed the Minister of Justice to file reparations claims against the concessionaires on the grounds that they had not fulfilled their concession agreements.

In 2012, the government took control of the private bank Banque Internationale du Benin (BIBE) stating that poor management risked leading the bank to bankruptcy and possible systemic risk to the banking sector. BIBE is still in government hands.

ICSID Convention and New York Convention

Benin is a member of the International Center for the Settlement of Investment Disputes (ICSID) and New York Convention.

Investor-State Dispute Settlement

Post has no reports of government interference in judicial handling of investment disputes.

All three known past investment disputes between U.S. investors and the Beninese government were resolved in favor of the U.S. investors. However, in 2016, the government revoked the contract of U.S.-based company SECURIPORT for the provision of civil aviation and immigration security services in the favor of Morpho-Dys, a company based in Cote d’Ivoire this dispute remains unresolved. The local courts recognize and enforce foreign arbitral awards issued against the government. In 2010, Benin’s civil society challenged a contract awarded by the government in the communications sector and the award decision was reversed.

There is an investment incentive agreement between the Government of the United States of America and the Government of Benin.

International Commercial Arbitration and Foreign Courts

Benin is a member of the Organization for the Harmonization of African Business Law, known by its French acronym OHADA, and has adopted OHADA’s Universal Commercial Code (codified law) to manage commercial disputes and bankruptcies. Benin is also a member of OHADA’s Common Court of Justice and Arbitration and the International Center for the Settlement of Investment Disputes (ICSID) and as such enforces foreign arbitral awards as well as foreign court rulings. Post is unaware of any investment dispute resolution made in favor of a state-owned enterprise by domestic courts.

Bankruptcy Regulations

OHADA provisions govern bankruptcy. Debtors may file for reorganization only, and creditors may file for liquidation only.

Benin ranked 110 in the “Resolving Insolvency” category of the World Bank Group’s 2019 Doing Business report. While this may seem a downgrade from 2018’s score of 105, it actually reflects a very modest improvement even as its relative score to other countries places it lower on the list.


Justice

The Nigerian legal and judicial system contains three codes of law: customary law, Nigerian statute law (following English law), and Sharīʿah (Islamic law). Customary laws, administered by native, or customary, courts, are usually presided over by traditional rulers, who generally hear cases about family problems such as divorce. Kadis (judges) apply Sharīʿah based on the Maliki Islamic code. Since 1999, several states have instituted Sharīʿah law. Although the states claim that the law applies only to Muslims, the minority non-Muslim population argues that it is affected by the law as well. Christian women, for example, must ride on female-only buses, and some states have banned females from participating in sports.

Nigerian statute law includes much of the British colonial legislation, most of which has been revised. State legislatures may pass laws on matters that are not part of the Exclusive Legislative List, which includes such areas as defense, foreign policy, and mining—all of which are the province of the federal government. Federal law prevails whenever federal legislation conflicts with state legislation. In addition to Nigerian statutes, English law is used in the magistrates’ and all higher courts. Each state has a High Court, which is presided over by a chief judge. The Supreme Court, headed by the chief justice of Nigeria, is the highest court.


Safe Restart of Aviation and Connectivity Crucial for Africa’s Recovery

Amman &ndash The International Air Transport Association (IATA) called for harmonized adoption across Africa of the International Civil Aviation Organization&rsquos (ICAO) Take-Off guidance for safe operations amid the COVID-19 crisis. Safely re-establishing the continent&rsquos air connectivity is essential to re-building battered economies. IATA also urged African governments to take a giant step forward in connecting Africa by accelerating the implementation of the Single Africa Air Transport Market (SAATM) to further boost the post-COVID economic recovery.

&ldquoThe top and immediate priority for aviation in Africa is implementing ICAO&rsquos Take-off guidance. That is the key to removing the severe restrictions on movement that have grounded much of the continent&rsquos air transport industry and severely impacted individual jobs and national economies. Planning for recovery from COVID-19&rsquos economic destruction also presents an opportunity for governments to draw even greater benefits from aviation by opening African borders for African aviation. That transformation change could turbo-charge the recovery by strengthening economic ties and creating jobs in ways that only aviation can achieve,&rdquo said Muhammad Albakri, IATA&rsquos Regional Vice President for Africa and the Middle East.

Safe Restart of Aviation

Resuming aviation safely in Africa by implementing ICAO&rsquos Take-Off guidance is essential to get the continent&rsquos economies up and running. This includes adequate physical distancing, wearing face masks or coverings, enhanced sanitation and disinfection, health screening, contact tracing and the use of passenger health declaration forms.

As of 24th August, Rwanda and Kenya are the only African States in 100% alignment with the ICAO Council&rsquos Aviation Recovery Task Force (CART) recommendations. Other African States like Ghana and Togo are more than 90% whilst The Gambia is at about 81%. The implementation of global standards is critical in this crisis and essential to safely restore air connectivity as borders and economies re-open.

&ldquoThis is a positive start, but we are far from restoring the economic catalyst that only aviation can provide. ICAO&rsquos Take-off measures are the bedrock for ensuring safe operations and re-building passenger confidence. Africa&rsquos governments need to make urgent implementation their top aviation priority,&rdquo said Albakri.

SAATM

Bold steps will be needed to restart aviation and economies. It is expected that the re-start of aviation will commence in domestic markets, then proceed to regional flying, direct long-haul and finally hub operations. Africa is at a significant disadvantage due to the severe limits on intra-Africa connectivity. It will miss out of the economic boost from regional connectivity. SAATM is the solution, but only a handful of states have implemented it. While 34 African countries have signed-up for SAATM (representing 75% of African passenger traffic), only ten States have fully implemented the SAATM Concrete measures.

&ldquoWith SAATM, Africa has a ready-made mechanism to add power to the economic recovery. And it faces a much slower recovery if it relies on hubs outside the continent to re-establish connectivity. Now is the time for the 34 governments that have committed to SAATM to actually implement. And the other governments should make plans to catch-up quickly,&rdquo said Albakri.


Countries Where Transportation Is The Major Source Of Greenhouse Gases

Combustion emissions spew from these cars traveling along a city street.

According to World Bank Report 2015, the most common greenhouse gases emitted as a result of human activities include carbon dioxide from fossil fuel consumption and poor land use such as deforestation and "slash and burn" land clearing for agriculture. Methane gas is a result of waste management and biomass burning. Nitrous oxide gas results from poor fertilizer use while fluoridated gasses are produced as a result of various industrial processes. Around 25% of carbon dioxide gas emissions are attributed to transportation, and these gases have major implications in global warming and other facets of climate change. Some of the leading countries in greenhouse gas emission due to transportation are highlighted below.

Paraguay

Paraguay has a network of rails, roads, airports, and rivers but a significant improvement is needed in the transportation system for efficiency. Paraguay road system is less than 60,000 kilometers, with thousands of kilometers, especially in rural areas, unpaved. The railroad company is owned by the government. The railway line is 971 kilometers. Most of the transport in Paraguay is by road with most of the paved roads found in busy towns. Overcrowding of roads has led to increased emission of carbon dioxide. A significant level of greenhouse gas is also produced by water vessels because of its frequent use as it is considered cheaper means of transport. 93% of all gasses emitted are generated by the various modes of transportation in Paraguay

DR Congo

DR Congo’s terrain provides an enormous challenge to road and rail transport due to difficulty in road and railway line construction. Economic mismanagement has also derailed the development of a proper infrastructure in DR Congo. However, water transport has been a dominant means of transport due to the navigable waterways. Due to the large water vessels, pollution by ships and motorized boats has added to the increased pollution by motor vehicles. Transportation contributes to a total of 92% of all carbon dioxide emitted in DR Congo

Togo is one of the countries in Africa that has shown significant growth in the transport industry. Most of the roads are now being paved to improve road transport. Air transport has also improved significantly. Most of the transportation activities are concentrated in towns and urban areas leading to congestion and increased air pollution. The emission of carbon dioxide produced as a result of transportation has risen to 77.2%.

The Republic of Congo

Transportation in the Republic of Congo includes air, water, and land. The railway system is one of the oldest built in 1930 by slaves. There are over 1,000 kilometers of paved roads. Maya-Maya and Pointe Maire are the two international airports in the Republic of Congo. The country also has a port on the Atlantic Ocean and along Congo River. These means of transport have contributed significantly the amount of carbon dioxide gas emission with 73.1% of all carbon dioxide emitted coming from motor vehicles, water vessels, and planes

Other Countries With High Emissions Transportation Sectors

72% of Gibraltar Carbon dioxide emissions come from transportation while 69.8% of all gasses emitted in Mozambique are carbon dioxide gas emitted through transportation. Other developing countries with high percentage of carbon dioxide emitted through transportation include Benin, Cambodia, Costa Rica and Albania. Motor vehicles such as large commercial vehicles, buses, and motorcycles are the major emitters of Carbon dioxide on roads while large ships and water vessels take the lead in the water. The concentration of emission of these greenhouse gasses is in the major cities with large transportation terminals such as ports, roads, and rail yards.


History

Five thousand years ago, the area that is now Niger was fertile grasslands, Paintings of wildlife, domesticated animals, and chariots date to at least 10,000 BCE.

Early Historical Period

In the 15th century, the Songhai Empire expanded into Niger and reached to Agadez before collapsing in 1591. A series of Songhai states then formed, with the Dendi Kingdom the most powerful. Tuareg nomads moved south in the 13th century in large federations and displaced existing residents. These Tuaregs ruled northern Niger.

Fula pastoralists migrated into the Liptako area in the 18th century. Smaller kingdoms, like the Zarma, fought the Fulani Empire of Sokoto. The expansion of the Kanem Empire and Bornu Empire to the area around Lake Chad moved Kanuri and Toubou rulers and their states as far west as the Kaouar and Zinder Oases by the 17th century.

Europeans arrived in the area to explore in the 19th century to search for the Niger River’s source. The French began to attempt to pacify dissident groups prior to 1900 but they were not subdued until 1922 when the area became a French colony.

The French conferred citizenship to the territory’s inhabitants and governed it from Dakar, Senegal. The French constitution in 1946 allowed for limited political participation for local assemblies.

Early Independence

The Overseas Reform Act in 1956 reorganized the territories. This also provided for more self-government. Niger became an autonomous stated after the Fifth French Republic was established in 1958. Niger gained full independence on August 3, 1960.

Single Party and Military Rule (1961-1991)

Niger was run by a single party regime under President Hamani Diori for its first fourteen years. Drought and corruption accusations in 1974 resulted in a coup. Seyni Kountche and a small group ruled until he died in 1987.

Ali Saibou, his Chief of Staff, succeeded him. Saibou freed political prisoners, liberalized laws, and forged a new constitution. By the end of 1990, Saibou agreed to allow a multi-party democratic system.

A national peace conference convened in 1991 and new political parties formed. This started the road to free elections and a new constitution. A plan for a transitional government resulted from Prof. Andre Salifou’s leadership.

Third Republic

A transitional government began in 1991 to govern until the Third Republic was installed in 1993. The economy faltered under the transitional government, but the elections that were held were considered free and fair. Independent newspapers also started.

The election resulted in a rival president and prime minister. The resulting governmental paralysis gave Col. Ibrahim Bare Mainassara an opportunity to overthrow the Third Republic in 1996.

Military Rule and the Fourth Republic

A military authority ran the government for a six month period of transition. Bare gathered a group of specialists to draft a new constitution, which was announced as the Fourth Republic in 1996. During elections held that year, Bare replaced the electoral commission. The new commission found Bare the winner and his party won a majority of the parliament’s seats.

Due to the coup and the flawed elections, economic assistance did not come to Niger. Bare then ignored the embargo against Libya and sought its assistance to fund economic aid. Civil liberties were also violated by Bare’s government.

The government did sign peace agreements with Tuareg and Toubou groups that had been fighting the government since 1990.

Fifth Republic Since 1999

Bare was killed during a coup in 1999 led by Maj. Daouda Malam Wanke. Wanke oversaw the drafting of new constitution with a French style semi-presidential system.

The constitution was approved in 1999 in elections generally viewed as free and fair. Presidential and legislative elections were held that year and Mamadou Tandja won the presidency. He led a coalition of the National Movement for a Developing Society (MNSD) and the Democratic and Social Convention (CDS).

A military junta took over the country in 2010 in response to Tandja’s attempt to extend his presidential term. The Supreme Council for the restoration of Democracy led the junta.


Conditions of Carriage

These Conditions of Carriage EXCLUDE LIABILITY on the part of FedEx and its employees or agents for loss, damage and delay in certain circumstances LIMIT LIABILITY to stated amounts where liability is accepted and REQUIRE NOTICE OF CLAIMS within strict time limits. Senders should note these Conditions carefully and where necessary obtain insurance cover in order to protect their interests.

Shipments are subject to local tariffs and the conditions of the FedEx subsidiary, branch or the independent contractor which accepted the Shipment.

FEDEX EXPRESS CONDITIONS OF CARRIAGE FOR THE MIDDLE EAST, THE INDIAN SUBCONTINENT AND AFRICA EFFECTIVE FROM AUGUST 6, 2012 (updated in April, 2020 and May, 2021)

1. APPLICATION

1.1 These Conditions apply to the carriage of Shipments from and between selected countries in the Middle East, the Indian Subcontinent and Africa (“MEISA”) and from and between specified locations within selected countries in MEISA, utilising the following services or service options of FedEx (if and where available): FedEx Europe First, FedEx International Next Flight, FedEx International First, FedEx International Priority, FedEx International Priority Freight, FedEx International Priority Plus, FedEx International Broker Select, FedEx International Priority DirectDistribution, FedEx International Economy, FedEx International Economy Freight, FedEx International MailService, FedEx 1Day Freight, FedEx Priority Overnight and FedEx Standard Overnight. These services may be modified by FedEx from time to time. Upon request, customers can be informed about the areas that are served by FedEx. These Conditions do not apply to intra-India Shipments for which separate conditions of carriage apply. Please refer to fedex.com/in/domestic/services/terms/ for the conditions of carriage applicable to domestic Shipments carried within India (Note: fedex.com URLs are subject to change). Shipments originating outside MEISA for MEISA or other international destinations are subject to local tariffs and the terms and conditions of the FedEx subsidiary, branch or the independent contractor that accepted the Shipment. Shipments returned using FedEx Global Returns are governed by the terms and conditions applicable to the country from which the Shipment is returned. Those terms and conditions of service may vary from country to country. Consult fedex.com/globalreturns or contact Customer Service for details.

1.2 The carriage by air of a Shipment may be subject to the Warsaw Convention of October 12, 1929, as amended by the Hague Protocol of September 28, 1955 and all subsequent applicable Protocols or the Montreal Convention of May 28, 1999 and all subsequent applicable Protocols, as well as the Guadalajara Convention of September 18, 1961. Shipments transported partly or solely by road - by explicit agreement or otherwise - in, to or from a country which is party to the Convention on the Contract for the International Carriage of Goods by Road, as amended, are subject to the terms and conditions thereof. Shipments carried from and between specified locations within one country are subject to the mandatory rules provided by the laws of that country.

1.3 These Conditions supersede all previous published terms and conditions of FedEx service to which these Conditions apply. FedEx reserves the right to unilaterally modify, amend, change or supplement these Conditions without notice. These Conditions are published in printed form and electronically at fedex.com. The electronic version at fedex.com is controlling. These Conditions supplement and detail the general terms and conditions on the back of the (Air) Waybill. In case of conflict between these Conditions and the terms and conditions on any FedEx (Air) Waybill, manifest, shipping label or other transit documentation, these Conditions control to the extent that they do not conflict with the mandatory rules relating to liability for international carriage provided by the Warsaw or Montreal Conventions and their respective subsequent Protocols, other applicable conventions or any applicable tariff or, for Shipments carried from and between specified locations within one country, with the mandatory rules relating to liability for carriage provided by the laws of that country.

1.4 These Conditions (which term includes those agreements and conventions expressly referred to herein) represent the entire agreement between the parties and, subject to Section 1.3., shall prevail over, exclude and supersede any other terms or conditions, oral or written, wheresoever appearing or made and, in particular, any terms or conditions sought to be incorporated by the Sender or any other written or oral statements concerning these Conditions. The Sender confirms that it does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the services under this Agreement.

1.5 These Conditions shall not be overridden or varied or added to except by express agreement in writing between the Sender and a representative of FedEx having the express written authority to do so.

The Sender will be bound by the signature of any of its employees, servants and agents on the (Air) Waybill.

2. DEFINITIONS

“B2C Shipments” means Shipments pursuant to a commercial transaction between a business-Sender (acting for professional purposes) and an individual consumer-Recipient (acting outside of their professional purposes), and Shipments for which no details were completed in the ‘business name’ field of the (Air) Waybill.

“Business Delivery” means delivery made to a commercial or business premises, excluding homes, private residences and B2C Shipments.

"Conditions" shall mean these Conditions of Carriage which term shall also include those agreements, laws and conventions expressly referred to herein and as updated by FedEx from time to time.

“FedEx” means, Federal Express Corporation, its subsidiaries and branches, their respective employees and agents and independent contractors. The contract of carriage is with the FedEx subsidiary, branch or independent contractor which accepts the Shipment from the Sender.

"FedEx 1Day Freight, FedEx Priority Overnight and FedEx Standard Overnight Shipments" means intra-country Shipments within selected countries in MEISA where both the Shipper and the Recipient are within the same country.

"The Sender" or "The Shipper" means the person (natural or legal) whose name is listed on the (Air) Waybill as the sender.

"The Recipient" or "The Consignee" means the person whose name is listed on the (Air) Waybill as the recipient

"Package" means any single parcel or piece that is accepted by FedEx, including any such items tendered by the Sender utilizing FedEx automated systems, meters, manifests or (Air) Waybills.

"Shipment" means one or more pieces, either Packages or freight, moving on a single (Air) Waybill.

"(Air) Waybill" means any shipping document, manifest, label, stamp, electronic entry or similar item used in the FedEx transportation system.

“Residential Delivery” means a delivery made to a home or private residence, including locations where a business is operated from the home, and/or a delivery in which the Sender has designated the delivery address as residential.

"Transportation Charges" means the fees, charges and amounts assessed or levied for movement of a Shipment by FedEx in accordance with these Conditions or any conditions or fees subsequently imposed, but not including other fees or charges which may be assessed, such as (but not limited to) declared value charges, special handling fees, customs duties and taxes and surcharges.

"Business Day" means any day on which businesses in the country or region of shipment or in the country or region of destination are open for business. Business days and holidays may vary by country or region of destination. Customers should contact FedEx for delivery commitments which may be affected.

"Charges" means Transportation Charges and any other charges or surcharges assessed for or levied in respect of transportation of a Shipment pursuant to these Conditions, including but not limited to Ancillary Charges, declared value charges, special handling fees and other surcharges detailed in these Conditions or any updated Conditions and, if and where applicable, customs duties and taxes and other costs reasonably incurred by FedEx relating to transport of a Shipment.

"Declared Value for Carriage" means that value, if any, indicated by the Sender on the (Air) Waybill, constituting the maximum amount FedEx liability in connection with the Shipment of the Package.

"Declared Value for Customs" means the selling price or replacement cost of the Shipment’s contents as required for customs clearance purposes.

"Delivery Commitment Time" means the published delivery commitment for the FedEx service or the delivery commitment quoted by Customer Service for that Shipment which takes into account the commodity being shipped, date of shipment, destination, weight of the Shipment and value of the Shipment.

"FedEx Account Number" or "FedEx Account" means the number issued by FedEx to a customer ensuring account activity is summarized by the FedEx system and the payer is billed appropriately.

“Intra-European Shipments” means Shipments between selected countries within Europe as defined by FedEx from time to time on fedex.com.

“Prohibited Items” means the items and types of Shipments set out in Section 8 (Prohibited Items) of these Conditions.

3. RATES

Rates applicable to the Shipment are as set out in the FedEx standard list rates on fedex.com, or as expressly agreed otherwise in the relevant FedEx transportation services agreement. FedEx rates do not include duties, taxes, customs clearance Charges, or any other import or export Charges applicable to the Shipment. Rates and service quotations by employees and agents of FedEx will be based upon information provided by the Sender but final rates and service may vary based upon the Shipment actually tendered and the application of these Conditions. FedEx is not liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in any rate or service quotation made prior to the tender of the Shipment and the rates, and other Charges invoiced to the customer. FedEx will only provide estimates of customs duties and taxes through the Estimate Duties and Taxes feature on FedEx Global Trade Manager at fedex.com but final duties and taxes may vary.

Rates applied shall be those rates applicable and in force at the time that the contract of carriage is made. FedEx reserves the right to revise Charges set out in the FedEx standard list rates or elsewhere on fedex.com from time to time and without notice.

4. BILLING

4.1 Notwithstanding that FedEx reserves the right to require payment of any Charges in advance as provided for in accordance with the Conditions, Invoices for any unpaid Charges are payable without discount within 15 days of the invoice date. Invoices for duties and taxes are payable upon receipt. FedEx reserves the right to increase any amount unpaid at due date, as of right and without prior notice of remedy, by 15 % (or such amount as applied by FedEx per the local applicable payment terms and conditions) as liquidated damages for administrative costs, and a yearly interest of 6 % above the European Central Bank Rate (or such rate as applied by FedEx per the local applicable payment terms and conditions), to be calculated per commenced month or the maximum allowed interest rate under the applicable legislation, if lower.

4.2 "Bill Sender" or "Bill Shipper" means Charges will be billed to the Sender.

4.3 "Bill Recipient" or "Bill Consignee" means Charges will be billed to the Recipient. To bill Charges to the Recipient, the Recipient must have a valid FedEx Account Number and this number must be entered in the appropriate section of the (Air) Waybill. Bill Recipient Shipments are acceptable for carriage to specified locations only. If the Recipient refuses to pay, the Charges will automatically be billed to the Sender.

4.4 "Bill Third Party" means Charges will be billed to someone other than the Sender or Recipient. The third party's valid FedEx Account Number must be entered in the appropriate section of the (Air) Waybill. If not so entered, or if the third party does not make payment, the Transportation Charges will automatically be billed to the Sender and duties and taxes, if any, to the Recipient.

4.5 For "Bill Sender", "Bill Recipient" or "Bill Third Party" transactions (see below), Packages will not be accepted unless a valid FedEx Account Number is entered on the (Air) Waybill. FedEx Account Numbers are non-transferable. Misuse, including unauthorized consolidation of Shipments owned by different parties, may result in a loss of all discounts and denial of service. The customer to whom a FedEx Account is issued is liable for all Charges to the account, including those resulting from unauthorized use. The account holder is responsible for the safekeeping of the account number. The FedEx Account Number should be disclosed only to persons authorized to ship on the account. Failure to keep the FedEx Account current, may result in the account being placed on a "cash only" status. Placement of an account on "cash only" status may result in Packages being delayed, rejected or returned until arrangements for payment are completed.

4.6 If applicable, duties and taxes may be assessed on the contents of Shipments. FedEx is not required to make advance payment of duties and taxes and may require the Sender, Recipient or liable third party to pay FedEx prior to FedEx discharging any liability for duties and taxes. The Recipient will be charged for such duties and taxes unless the "Bill Sender Duties and Taxes" or "Bill Third Party Duties and Taxes" box is marked on the (Air) Waybill and a valid FedEx Account Number is indicated on the (Air) Waybill. Such options are available for specified locations only. Further details on the locations are available upon request.

4.7 REGARDLESS OF ANY PAYMENT INSTRUCTIONS OR PROVISIONS TO THE CONTRARY, THE SENDER SHALL ALWAYS REMAIN ULTIMATELY LIABLE FOR THE CHARGES INCLUDING ANY DUTIES AND TAXES, IF ANY.

4.8 Charges requiring conversion from a currency other than the currency in which the Payer is billed, will be calculated daily using the median bid price obtained from OANDA, an Internet exchange-rate service. The median bid price is the average price at which buyers offer to buy currencies from sellers during the given period. These currency conversion rates can be accessed at oanda.com. The currencies of participating European Union countries will have statutory conversion rates to the EURO. There is an additional exchange fee of 1.75%for conversion from any non-U.S. currency to USD, 2.3% for USD to any currency and 2.0% between all non-U.S. currency conversions. There is no exchange fee between currencies related to the EURO. Charges in currencies other than the U.S. dollars that are not freely convertible will be converted to U.S. dollars and billed to Payer’s account, either at the free market rate or at the official rate at which FedEx was permitted to purchase U.S. dollars in the relevant currency, at our sole option. The rate corresponding to the ship date will be used for conversions to non-hyperinflationary currencies. However, we reserve the right to use the exchange rate at invoice date, as opposed to shipment date, in countries where the currency is volatile.

For Shipments initiated with the ‘Create Import Shipment’ feature on FedEx Ship Manager™ at fedex.com, notwithstanding any payment instructions that are given to FedEx, the party that initiates the import shipment transaction with FedEx is liable for, will be billed for, and agrees to pay, all charges and fees including any special handling fees and any duties or taxes for such Shipments.

4.9 Shipments initiated via the Create Import Shipment feature on fedex.com are governed by the terms and conditions applicable to the country from which the shipment originates. Those terms and conditions of service may vary from country to country. Consult our local office in the origin country for details.

4.10 Where permitted by law, FedEx may provide electronic invoices as standard, unless the payer expressly requests otherwise.