Claims Procedure

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Claims Procedure

 

Trans AirCargo General Information on Cargo Claims

lease send a written claim to the Airline, Cargo General Sales Agent (GSA) or Cargo Handling Agent (GHA). View the contact details here.

Original Air Waybill / Original Courier Bag Voucher
Original Delivery Receipt / Release Order
Original Purchase Receipts / Invoices
Packing List
Cargo Irregularity Report
Short-landed Cargo Certificate
Letter Of Claim With List Of Items And Prices
Name and address of Insurers if separate Insurance was arranged

 


APPLICABLE LIABILITY REGIMES ON CARGO CLAIMS

TransAircargo legal liability for cargo is subject to the General Conditions of Carriage for Cargo. The following conventions also apply for international carriage:

Warsaw Convention 1929
Warsaw Convention as amended by The Hague on 28th September 1955
Warsaw Convention as amended by additional Protocol No. 1 of Montreal 1975
Warsaw Convention as amended at The Hague 1955 and by Protocol No. 4 of Montreal 1975
Montreal Convention 1999 (MC99).

For domestic carriage, local laws apply, usually identical to Warsaw Convention provisions.

RULES OF USAGE
Use of the Service by Registered Users
Content and User Submissions
Links to Third Parties Web Sites
Indemnification
Disclaimer of Warranty and Limitation of Liability
Termination
Jurisdiction
Entire Agreement
Privacy Policy
1. Use of the Service by Registered Users
Access to some functionalities of the Service is restricted to Users only. The product selection, price quotation, booking, messaging and document management features of this Web Site are provided solely to permit the registered User to transact business with us and for no other purposes. User shall not make any speculative, false or fraudulent bookings or any bookings in anticipation of demand. User agrees that the booking facilities on this Web Site shall be used only to make legitimate cargo consignment bookings for User or for another person for whom User is legally authorised to act.
User agrees to the payment of all amounts when due. User shall be solely responsible for all charges, fees, duties, taxes and assessments arising out of the carriage of cargo booked through this Web Site.
User agrees to use the Service only for lawful purposes and acknowledges that failure to do so may subject the User to civil and/ or criminal liability.
The Service contains copyrighted and other proprietary information. User may not in any way make unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Service, except as permitted by applicable law or with the express written permission of TransAircargo.
2. Content and User Submissions
This Web Site may contain bulletin boards and other message or communication facilities. Any opinions, views or statements expressed or made by a User in the course of using those facilities are those of that User and not of the Service Provider. Service Provider does not guarantee transmission of any email, mobile telephone, or facsimile messages submitted through the Service.
Service Provider is under no obligation to review any messages, information or content posted on the Web Site and assumes no responsibility or liability relating to any such submissions. Notwithstanding the above, Service Provider reserves the right to review, edit or delete without notice any contents of the submissions received from Users, including bulletin board postings, which it deems in its sole discretion to be illegal, offensive or otherwise inappropriate. Service provider may monitor chat rooms and may participate in on-line discussions.
User agrees not to abuse the Web Site. “Abuse” includes, without limitation, using the Web Site to:
Defame, harass, stalk, threaten, abuse or otherwise violate others rights as defined by applicable law.
Harm or interfere with the operation of others computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses.
Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark.
Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information.
Download or upload files that are unlawful to distribute through the Web Site.
Transmit any information or software obtained through the Web Site, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Web Site.
Cause an excessively large load on the infrastructure of the Web Site.
Falsely use a password or personal identification number during logging into the Web Site, or misrepresent ones identity or authority to act on behalf of another.
Violate this Agreement in any other manner.
Service Provider will take all reasonable measures to ensure that information transmitted by Users to the Web Site will remain confidential and protected from unauthorized access. Despite those measures, we do not warrant that unauthorized access to that information can never happen. We will not be liable for any such unauthorized access unless caused solely by our gross negligence.
3. Links to Third-Parties Web Sites
This Web Site may contain links and pointers to Internet sites maintained by third parties. We do not operate or control in any respect any software, information, products or services on such third party sites. Third party links and pointers are included in this Web Site solely for your convenience, and do not constitute any endorsement by us. You assume sole responsibility for use of third party links and pointers.
4. Indemnification
As a condition of using this Web Site, User agrees to indemnify the Service Provider and its affiliates, employees, agents and representatives, and to hold them harmless from and against any and all claims, liabilities and expenses (including attorneys’ fees) that may arise from User’s unauthorised use of information or material obtained through the Service or from any breach of this Agreement.
5. Disclaimer of Warranty and Limitation of Liability
Users access to and use of software and other materials on, or through, this Web Site is solely at Users own risk. The Service Provider makes no warranty whatsoever about the reliability, stability or virus free nature of such software.
While every effort has been made to ensure that the information contained in this Web Site is accurate and up to date, Service Provide shall not be liable for any errors, inaccuracies or omissions, misuse or conversion of any data or information contained in or derived from this Web Site.
The Service Provider makes no representations about the suitability of the software, information, products and services contained on this Web Site for any purpose. All such software, information, products, and services are provided “as is” without warranty of any kind. To the maximum extent permitted by applicable law, the Service Provider hereby disclaims all warranties and conditions with regard to such software, information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non infringement.
In no event shall the Service Provider be liable for any direct, indirect, incidental, special, consequential (including among other things loss of revenue or profits), punitive or exemplary damages of any kind or subject to equitable or injunctive remedies whether based on breach of contract, tort, negligence, strict liability or otherwise arising out of or in any way connected with (i) access to, or use of this Web Site, or delay or inability to use this Web Site, or for any information contained in this Web Site; or (ii), the availability and utility of products, and services obtained through this Web Site (except carriage of cargo by air performed by us).
Service Provider does not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Service.
THE CARRIAGE OF CARGO BY AIR IS SUBJECT TO THE CONDITIONS OF CARRIAGE OF THE CARRIER CONCERNED AND MAY ALSO BE SUBJECT TO THE WARSAW CONVENTION OR THE MONTREAL CONVENTION, WHICH MAY LIMIT THE CARRIERS LIABILITY IN CERTAIN CIRCUMSTANCES. THE CARRIAGE OF CARGO BY TRANSAIRCARGO IS SUBJECT TO THE TERMS AND CONDITIONS STIPULATED IN TRANSAIRCARGO’ AIR WAYBILL AND TO TRANSAIRCARGO GENERAL CONDITIONS OF CARRIAGE FOR CARGO, BOTH OF WHICH CAN BE ACCESSED AT ANY TIME FROM THE BOTTOM OF ANY PAGE OF THE SERVICE.
6. Termination
Service Provider has the right to terminate Users ability to access the Service, for any reason, without notice.
7. Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws.
8. Entire Agreement
This Agreement is the complete and entire agreement between the parties related to the subject matter hereto and supersedes any prior agreement, whether written or oral.
9. Privacy Policy
Service Provider may collect personal information about the User, its employees and agents for the purpose of providing access to this Web Site and about customers for the purpose of processing their bookings. Service Provider’s privacy policy, which set out how such personal information is handled and used can be viewed here.
User must cause a copy of that privacy policy to be made available to customers before, when (or, if that is not practicable, as soon as practicable after) User, its employees and agents collect personal information about those customers that is to be disclosed to Service Provider.

 

 

  • AIR WAYBILL

    Unless Carrier agrees otherwise, the shipper shall make out, or have made out on his behalf, an air waybill in the form, manner and number of copies prescribed by Carrier, and shall delivery such air waybill to Carrier simultaneously with the acceptance of the cargo by Carrier for carriage. However, charges for carriage and other charges, insofar as they have been ascertained, shall be inserted in the air waybill by Carrier. Carrier may require the shipper to make out, or have made out on his behalf, separate air waybills when there is more than one package.

  • SHIPMENT RECORDS

    Carrier, with the express or implied consent of the shipper, may substitute for the delivery of an air waybill a shipment record to preserve a record of the carriage to be performed. If such shipment record is used Carrier shall, if so requested by the shipper, deliver to the shipper in accordance with Carrier’s regulations a receipt for the cargo permitting identification of the shipment and access, in accordance with Carrier’s regulations, to the information contained in the shipment record.


Compliance with Government Requirements

6.1.1 The shipper shall comply with all applicable laws, customs and other government regulations of any country to, from, through or over which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall, together with the shipment, furnish such information and deliver such documents as may be necessary to comply with such laws and regulations. Carrier shall not be obliged to enquire into the correctness or sufficiency of such information or documents. Carrier shall not be liable to the shipper or any other person for loss or expense due to shipper’s failure to comply with this provision. The shipper shall be liable to Carrier for any damage occasioned by the failure of the shipper to comply with this provision.

6.1.2 Carrier shall not be liable for refusing to carry any shipment if Carrier reasonably determines in good faith that such refusal is required by any applicable law, government regulation, demand, order or requirement.

 


Disclaimers

THE CARRIAGE OF CARGO BY AIR IS SUBJECT TO THE CONDITIONS OF CARRIAGE OF THE CARRIER CONCERNED AND MAY ALSO BE SUBJECT TO THE WARSAW CONVENTION OR THE MONTREAL CONVENTION, WHICH MAY LIMIT THE CARRIERS LIABILITY IN CERTAIN CIRCUMSTANCES. THE CARRIAGE OF CARGO BY ASACARGO IS SUBJECT TO THE TERMS AND CONDITIONS STIPULATED IN ASACARGO’ AIR WAYBILL AND TO ASACARGO GENERAL CONDITIONS OF CARRIAGE FOR CARGO, BOTH OF WHICH CAN BE ACCESSED AT ANY TIME FROM THE BOTTOM OF ANY PAGE OF THE SERVICE.


Limitation of Liability

If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and in most cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the applicable regime, and unless a higher value is declared, liability of the Carrier may be limited to 17 Special Drawing Rights per kilogram or 250 French gold francs per kilogram, converted into national currency under applicable law. Carrier will t reat 250 French gold francs t o be t he conversion equivalent of 17 Special Drawing Right s unless a great er amount is specified in t he Carrier’s condit ions of carriage.

* This Resolution is in the hands of all IATA Cargo Agents