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B-203753 1 (1982-07-27)

handle is hein.gao/gaobadknl0001 and id is 1 raw text is: THC ; UMtPT.RuI.LSf GENERAL IECISION Q IO.1 OF THU UI TE STATUE WAH ING TO No o.Cr.2o@34Ua FILE: E-203753 DATE: July 27 ,1982 M1At TER OF: United Airlines DIGEST: 1. Terms of contract of carriage under which carrier transports goods include both bill of lading and published applicable tariff. 2. Claims against air carrier for damage to shipments moved under Government bills of lading are not subject to notice requirements of go',erning air tariff because use of Govern- ment bill of lading--governed by terms and conditions which waive usual notice require- ments--In required by air tariff and creates ambiguity over applicability of noti.e require- ments which is resolved in favor of shipper. United Airlines (United) appeals n settlement of our Claims Grour. disallowing Its claim for $1,697.69, an amount set off from monies otherwise due United, after United was found liable by the Army for seven loss and damage claims under seven differt!nt shipments. All of the claims were Initially filed with the carrier more than 9 months and 9 days after the raite of acceptance of the shipments. We affirm the pettlement. United argued to the Claims Group that all of the claims were barred because they were filed beyond the time period rqquired under its Rule No. 6C(B)(1) of Official Air Freight Rules Tariffs Nos. I-E and CR-i, which provide in relevant part that All claims * * * must be made In writing to thb originating or delivering carrier within 9 months and 9 days after the date of acceptance of a shipment by the originating carrier. The Claims Group, relying on out decision 55 Comp. Gen. 958 (1976), held that this rule was inapplicable to a shipment made under a Government bill of lading (GBL). This rcrsult was based on the fact that there was an ambiquity between Rule No. 60C3)(1) and Rule No. 26(A)h2) of the tariffs. Such an ambiguity is construed against 2'

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