TERMS AND CONDITIONS OF CARRIAGE
A. These terms and conditions (“Terms”) shall govern the service performed by Flight 2000 with respect to the shipment of packages, documents and envelopes (“Packages”). These terms shall be deemed integrated with the provisions specified in the web site of Flight 2000 Srl, in particular under the following items: “Service Information”, “Services” and Flight 2000 rates. The indications under the sections “Service Information” and “Service” include important information about the services offered by Flight 2000, which constitute an integral part of the agreement between Flight 2000 and the sender, which the sender declares to acknowledge.
B. Depending on the country where the shipment is tendered to Flight 2000 for carriage, the term “Flight 2000” shall refer to Flight 2000, with registered office in Verona, Via E. Fermi 14, with which the sender’s contract shall be deemed applicable. C. When carriage by air involves an ultimate destination or stop outside the country of origin, if all conditions are satisfied, the Warsaw Convention of 12 October 1929, as amended by the following Montreal Convention of 28 May 1999 and additional protocols, may apply. Notwithstanding any clause to the contrary, international carriage by road, if all conditions are satisfied, shall be subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) signed at Geneva on 19 May 1956 (“CMR Convention”).
D. Shipments may be made with any intermediate stopping place which Flight 2000 may deem appropriate. These Terms shall apply also to services performed by or to contracts signed by sub-contractors, of which Flight 2000 may avail itself, either on its own behalf or on behalf of its employees, agents and subcontractors. E. For the purpose of these Terms, “Waybill” shall mean a single waybill/consignment note of Flight 2000 or the entries recorded in the receipt register on the same date and concerning the same address and service level. All Packages covered by the same Waybill shall be considered a single shipment.
2. Scope of Service
Unless any special service is agreed upon, the service to be provided by Flight 2000 is limited to collection, transportation, customs clearance, where applicable, and delivery of the shipment. The sender acknowledges that the shipment will be consolidated with other shipments of other senders and that Flight 2000 may not monitor all inbound and outbound movements of each individual shipment at all handling centres.
3. Conditions of Carriage
Packages shall comply with the restrictions set forth under paragraphs (i) to (iv) below.
(i) The value of any package may not exceed the local currency equivalent of Euro 25,000.
(ii) Packages must not contain any of the prohibited articles listed in the Service Information Guide including, by way of a non-limiting example, articles of unusual value (such as works of art, antiques, precious stones, stamps, unique items, gold or silver), money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities), firearms and dangerous goods.
(iii) Packages must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by Flight 2000 or carriage, export or import of which is prohibited by applicable law.
The sender shall be responsible for the accuracy and completeness of the data registered on the Waybill and shall ensure that all Packages provide adequate contact details of the sender and consignee of the package and that they are so packed, marked and labelled, their contents so described and classified and accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements of the Service Information Guide and of applicable law. Unless a different service level is expressly mentioned on the Waybill or other applicable shipping documentation of Flight 2000, shipments shall be made with the Express Service (if available to the selected destination) and all applicable charges shall be calculated accordingly.
The sender guarantees that all Packages presented for carriage under these terms comply with the restrictions under paragraphs (i) to (iv) above and have been prepared in secure premises, by the sender (if the sender is a natural person) or by reliable staff employed by the sender and have been protected against unauthorized interference of any third party during their preparation, storage and transportation to Flight 2000. Flight 2000 relies on this guarantee in accepting any Package for carriage pursuant to the Terms hereunder.
3.2 Perishable and temperature-controlled goods will be transported by Flight 2000 provided that the sender accepts that transport is at its own risk. Flight 2000 does not provide any special handling for such Packages.
3.3 Refusal and Suspension of Carriage
(i) Should Flight 2000 observe that any package does not meet any of the above restrictions or conditions, Flight 2000 may refuse to transport the relevant package (or any shipment of which it is a part) and, if carriage is in progress, Flight 2000 may suspend carriage and hold the Package or shipment to the sender’s order.
(ii) Flight 2000 may also suspend carriage if the consignee refuses to accept delivery, if it is unable to effect delivery because of an incorrect address (having used all reasonable means to find the correct address) or because the address, though correct, is found to be in another country from that specified on the Package or on the Waybill or if it cannot collect the amounts due from the consignee on delivery.
(iii) Whenever Flight 2000 is entitled to suspend carriage of a package or shipment, it is also entitled to return it to the sender at its own discretion.
3.4 The sender shall be responsible for the reasonable costs and expenses (including storage), for such losses, taxes and customs duties as Flight 2000 may suffer and for all claims made against Flight 2000 because a package does not meet any of the restrictions, conditions or representations in paragraph 3.1 above or because of any refusal, suspension of carriage or return of a package or shipment by Flight 2000 under this paragraph 3. In the case of the return of a package or shipment, the sender shall also be responsible for paying all applicable charges, calculated in accordance with the usual rates of Flight 2000.
3.5 If the sender tender to Flight 2000 for carriage a package which does not comply with any of the restrictions or conditions set forth under paragraph 3.1 above without the express written consent of Flight 2000, Flight 2000 disclaims any liability for any loss whatsoever which the sender may suffer in connection with the carriage by Flight 2000 of such Package (regardless of whether that failure to comply has caused or contributed to the loss and notwithstanding any negligence on the part of Flight 2000 or its employees, sub-contractors or authorized representatives) and, if Flight 2000 does suspend carriage in compliance with these Terms, the sender shall not be entitled to any refund of the carriage charges it has paid. Flight 2000 may take legal action with respect to such noncompliance.
3.6 Flight 2000 reserves the right, but shall have no obligation, to open and inspect, or to X-ray any package presented to it for carriage at any time.
4. Customs Clearance
4.1 If a package requires customs clearance, the sender shall provide complete and accurate documentation for such purpose.
5. Payment for the Service
5.1 The rates for carriage and other services, as set out in the Service Information Guide, shall be due and paid to Flight 2000, unless paid before shipment, by the due date that has been agreed upon in writing with Flight 2000. Flight 2000 may verify the actual and/or dimensional weight of Packages and, if greater than the declared weight, Flight 2000 may issue an invoice accordingly.
5.2 If Flight 2000 is required to pay any taxes, customs duties or levies on behalf of the sender, of the consignee or of some other third party, and Flight 2000 is unable to recover such amounts from the relevant person when asked to do so, the amounts shall be due to Flight 2000 by the sender upon request by Flight 2000. This provision also applies when the consignee or (in the case of third party billing) the third party fails to pay any charges when due.
5.3 If the sender, the consignee or some other third party fail to pay any amount due under these terms, Flight 2000 may hold any Packages it is carrying until payment is received in full or may sell such Packages at the expense of said persons and use the proceeds to make good the debt to it in compliance with applicable local law. Despite the sale, any unpaid balance shall remain payable by the person concerned.
5.4 Flight 2000’s rates for carriage set out in the Service Information Guide are calculated only for the carriage of Packages whose value does not exceed the local currency equivalent of Euro 25,000. In the event that Flight 2000 becomes aware that it has carried a Package which, without the express written consent of Flight 2000, exceeds this value, then, in addition to the otherwise applicable rates and charges and any other remedies under these Terms, an additional carriage charge equivalent to 5% of the value of the package in excess of Euro 25,000 shall be applicable.
6. Interruption of Service
If Flight 2000 is unable to start or continue with carriage of the sender’s Package for a reason beyond its control, Flight 2000 shall not be deemed in breach of the agreement with the sender. For example, could be events of force majeure: disruptions in air or ground transportation due to bad weather, fire, flood, war, hostilities or turmoil, acts of government or of other authorities (including, by way of example, customs authorities), labour disputes involving Flight 2000 or third parties.
7. Money Back Guarantee
For the avoidance of doubt, the liability of Flight 2000 under the money back guarantee is limited to the above guarantee which does not otherwise constitute any form of undertaking or representation that the shipment will arrive to destination by any particular due date.
8. C.O.D. (Cash on Delivery)
Flight 2000 offers a COD service (Cash on Delivery), on payment of an additional charge as set out in the Service Information Guide. If the sender makes use of this service, subject to the provisions set out below (including those relating to currency conversion), Flight 2000 will collect the COD amount stated on the Waybill on behalf of the sender.
COD amounts must be specified on the Waybill in either EUR or, if different, in the currency of the country of destination. If any of the COD amounts specified on the Waybill, collected from the consignee and/or paid to the sender, are in different currencies from each other, the conversion shall be made at such exchange rate as Flight 2000 may reasonably determine.
Flight 2000 disclaims any responsibility for any currency exchange risks. For Flight 2000 to perform the COD service, the customer shall appoint Flight 2000 with separate letter and empower Flight 2000 to handle cash-on-delivery shipments.
8.1 COD by cash: If Flight 2000 is instructed on the Waybill to accept cash only, Flight 2000 shall collect only cash in the currency of the country of destination.
8.2 COD by cheque: If the Waybill does not accurately and clearly instruct Flight 2000 to accept only cash, Flight 2000 may accept payment either by any kind of cheque made out to the sender that is recognized in the country of destination of the shipment or by cash. If Flight 2000 is authorized to accept a cheque, Flight 2000 may accept a cheque in Euro or, if different, in the currency of the country of destination, without being in any way bound to check its regularity and/or integrity.
8.3 Payment of collected COD amounts: If Flight 2000 collects cash amounts, Flight 2000 shall pay to the sender an equivalent amount in the local currency of the country where the shipment was presented to Flight 2000 for carriage. Flight 2000 may make such payments of COD amounts by either wire transfer to any bank account notified to Flight 2000 by the sender or issuing a cheque in favour of the sender. Any cheques in favour of the sender, issued either by Flight 2000 as set out above or by the consignee and collected by Flight 2000 pursuant to Section 8.2 above, may either be forwarded to the sender by ordinary mail at the sender’s risk or handed over to the sender or to any other person appearing to have authority to accept the cheque on the sender’s behalf.
8.4 In the event of non-receipt by the sender of the COD amounts, the sender must notify Flight 2000 in writing within 45 days of the date of delivery.
8.5 The sender shall hold Flight 2000 indemnified against all losses suffered, expenses incurred and any claims made against Flight 2000 by the consignee or by a third party, arising if Flight 2000 does not deliver a Package due to the consignee failing to pay the COD amount in the appropriate form or refusing to accept the Package.
8.6 Furthermore, the COD amount shall not, in any event, exceed the value of the goods at their arrival at destination plus applicable carriage charges. For the avoidance of doubt, a COD amount shall not constitute the declared value for the purpose of paragraph 9.4 and shall not affect the liability of Flight 2000 for any loss of, damage to or delayed delivery of the goods.
Flight 2000 shall in no way be liable for any dishonest or fraudulent acts of the consignee including, but not limited to, presenting a forged and/or fraudulent and/or altered cheque or one which is later dishonoured, or for cheques incorrectly or wrongfully completed by the consignee and/or by any third party.
9.1 The liability of Flight 2000 is governed and limited by the provisions, where applicable, set forth in the Warsaw Convention as amended by the Montreal Convention for the international carriage by air, by the CMR Convention, for the international carriage of goods by road, and by art. 1696 paragraph 1 of the Italian Civil Code for domestic carriage by road.
9.2 If the above regulations are not applicable, Flight 2000 shall only be liable for gross negligence and its liability shall be exclusively governed by the provisions hereof and limited to the damages proven by the claimant and, anyway – depending on the country where the shipment is tendered to Flight 2000 for carriage – not exceeding the following limits:
– € 1,00 per Kg of gross weight of the goods lost or damaged for shipments within Italy;
– SDR 8,33 (Special Drawing Rights) per kilo of gross weight of the goods lost or damaged for international carriage.
However, in each case, not exceeding the maximum amount of:
– 130 CHF for shipments to Switzerland and 80 EUR for international shipments by air, provided that the sender has not declared any higher value under paragraph 9.4 above. SDR (Special Drawing Rights) is an international unit of account adopted by the International Monetary Fund whose current value is regularly published in major financial newspapers. As at the date of publication of these Terms, 8.33 SDRs were equal to approximately 9 Euro for international road shipments.
9.3 If the claimant (or any other person the claimant has assigned the right to claim to) has caused or contributed to any loss of, damage to or delay of a shipment or Package, any liability Flight 2000 may incur in respect thereof (limited as above) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.
9.4 Subject to the provisions of paragraph 9.5, Flight 2000 may offer to the customer a greater limit of liability than the one set forth for Flight 2000 under paragraph 9.2 above or by Convention Rules or other mandatory national law. The sender may avail itself of this opportunity by paying an additional charge as stated in the Service Information Guide. The value of the relevant goods shall not in any event exceed the limits specified in paragraph 3.1(i).
9.5 Save where Convention Rules or other mandatory national laws require otherwise, Flight 2000 does not accept liability for purely economic losses, such as the costs for the use of any alternative means of transport, loss of profits, of business opportunities or of revenues resulting from any loss of or damage to or delay of a Package or shipment, whether or not a value has been declared for the relevant shipment under paragraph 9.4. Flight 2000 shall not be liable for any damage to or loss of any packaging.
Flight 2000 may deliver a shipment to the consignee named on the Waybill or to any other person appearing to have authority to accept the delivery of the shipment on the consignee’s behalf (such as persons resident in the same building as the consignee or neighbors of the consignee). Flight 2000 may use electronic devices to obtain proof of delivery: in this respect, the sender hereby agrees to waive any claim against Flight 2000 for failing to provide a written evidence of the delivery having obtained and stored the relevant information in electronic form.
Save where Convention Rules or other mandatory national laws require otherwise, Flight 2000 disclaims any liability whatsoever when suspending carriage, redirecting delivery (to a different consignee or address from that named on the Waybill) or returning a package to the sender and, also in the event of failed attempt, shall have no liability for any loss occasioned thereby.
11. Personal Data Protection
The sender agrees that Flight 2000 and other companies of the Flight 2000 group worldwide, including companies in countries which may not have the same level of personal data protection as the country where the shipment is presented to Flight 2000 for carriage, may use any data provided by the sender to Flight 2000 for management analysis and monitoring, for the purchase and supply of customer materials, for management accounting of customer codes and to advertise the services and products provided by the companies of the Flight 2000 group. The sender is granted the rights on data protection (exercisable by contacting Flight 2000) that are set out in its own legal system, including, but not limited to, the right to have access, rectify or delete or to object to the use of its personal data held by Flight 2000 for commercial purposes.
12. Claims Procedure
All claims against Flight 2000, in the event of damage (including partial loss of a shipment), of delayed delivery and of loss, must be notified in writing to Flight 2000 within no later than 7 days of package receipt, under penalty of forfeiture. These provisions, however, shall in no way affect any rights the sender may have under Convention Rules or other mandatory national laws. Furthermore, the “Under Reserve” stamp shall not be deemed as a damage claim, except when the reason for the reserve is specified, otherwise no claim for hidden damages can be filed.
13. Entire Agreement and Severability
All the terms of the contract between Flight 2000 and the sender are contained in this document and in the Service Information Guide. If the sender wishes to change any of these terms, such changes shall be agreed upon with Flight 2000 in writing before the shipment is accepted for carriage by Flight 2000. If any part of these Terms and Conditions of Carriage is deemed unenforceable, this will not affect the validity and enforceability of any other part.
14. Governing Law
These Terms shall be fully governed by the laws of the country where the shipment is presented to Flight 2000 for carriage.
The exclusive forum for any disputes shall be the Court of Verona.