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Old 2nd December 2007 | 07:52
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STN Ramp Rat
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Joined: Jul 2001
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From: London
Standard Ground Handling Agreement

Towerman
It is likely that the towing was carried out under the Standard Ground handling Agreement (SGHA) between the carrier and the Handler.

The following are extracts from this standard agreement; I cannot recall which version this is from. (It is reviewed every 5 years and there have been some recent variances on negligence.)
it is generally accepted that the hander will pay the uninsured excess and the airline will pay the rest.
ARTICLE 8
LIABILITY AND INDEMNITY
In this Article, all references to:
(a) “the Carrier” or “the Handling Company” shall include their employees,
servants, agents and subcontractors;
(b) “ground support equipment” shall mean all equipment used in the
performance of ground handling services included in Annex A, whether
fixed or mobile, and
(c) “act or omission” shall include negligence.
8.1 Except as stated in Sub-Article 8.5, the Carrier shall not make any claim against the Handling Company and shall indemnify it (subject as hereinafter provided) against any legal liability for claims or suits, including costs and expenses incidental thereto, in respect of:
(a) delay, injury or death of persons carried or to be
carried by the Carrier;
(b) injury or death of any employee of the Carrier;
(c) damage to or delay or loss of baggage, cargo or
mail carried or to be carried by the Carrier, and
(d) damage to or loss of property owned or operated
by, or on behalf of, the Carrier and any
consequential loss or damage;
arising from an act or omission of the Handling Company in the performance of this Agreement unless done with intent to cause damage, death, delay, injury or loss or recklessly and with the knowledge that damage, death, delay, injury or loss would probably result.
PROVIDED THAT all claims or suits arising hereunder shall be dealt with by the Carrier; and
PROVIDED ALSO THAT the Handling Company shall notify the Carrier of any claims or suits without undue delay and shall furnish such assistance as the Carrier may reasonably require.
PROVIDED ALSO THAT where any of the services performed by the Handling Company hereunder relate to the carriage by the Carrier of passengers, baggage or cargo direct to or from a place in the United States of America then if the limitations of liability imposed by Article 22 of the Warsaw Convention would have applied if any such act or omission had been committed by the Carrier but are held by a Court not to be applicable to such act or omission committed by the Handling Company in performing this Agreement then upon such decision of the Court the indemnity of the Carrier to the Handling Company hereunder shall be limited to an amount not exceeding the amount for which the Carrier would have been liable if it had committed such act or omission.
Notwithstanding Sub-Article 8.1(d), the Handling Company shall indemnify the Carrier against any physical loss of or damage to the Carrier’s Aircraft caused by the Handling Company’s negligent operation of ground support equipment PROVIDED ALWAYS THAT the Handling Company’s liability shall be limited to any such loss of or damage to the Carrier’s Aircraft not exceeding the limits stated in Annex(es) B which shall not, in any event, exceed USD 1,500,000 except that loss or damage in respect of any incident below USD 3,000 shall not be indemnified.
For the avoidance of doubt, save as expressly stated, this Sub-Article 8.5 does not affect or prejudice the generality of the provisions of Sub-Article 8.1 including the principle that the Carrier shall not make any claim against the Handling Company and shall indemnify it against any liability in respect of any and all consequential loss or damage howsoever arising.

Last edited by STN Ramp Rat; 2nd December 2007 at 07:53. Reason: change of emphasis
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