Positive FS is offered by LAN Cargo S.A. and its affiliates*.
*ABSA Aerolinhas Brasileiras, S.A. ("ABSA"), Aerotransportes Mas de Carga, S.A. de C.V. (" MAS AIR"), Linea Aerea Carguera de Colombia, S.A. ("LANCO").
Please review the back of your air waybill for specific information on LAN CARGO and its affiliates' responsibility and valuation of your shipment while in LAN CARGO's or its affiliates' carriage by air.
In the event that cargo is lost or damaged, please follow the Claims procedure provided on LAN CARGO's website.
In the event of any inconsistencies or conflict between the terms expressed herein and the Conditions of Contract expressed in the air waybill, the terms of the Conditions of Contract as expressed in the air waybill prevail.
Reservation and Air Waybill (AWB)
When making the reservation, the client must specifically request Positive Flight Specific service and declare the type of product being transported. In addition, Positive Flight Specific must be written on the product box of the air waybill (see detail). Otherwise, the shipment will be treated as a Standard Product.
LAN CARGO and its affiliates are not responsible for errors in service assignments on the air waybill. The shipper is responsible for making sure the correct service information is recorded on all the necessary documentation.
A service failure occurs when the cargo is not transported on the reserved flight specified on the air waybill.
Reimbursements for Service Failure
If LAN CARGO or its affiliates fail to provide the guaranteed Positive Flight Specific service, the client shall be entitled to a full reimbursement of the shipment cost, and the cargo is transported on the next available flight.
To obtain a reimbursement, the following conditions must be met:
- Timely delivery of the cargo at LAN CARGO or its affiliates' warehouse. The time limits for acceptance of Positive Flight Specific cargo are based on each station's Cut-off times. Please contact your local LAN CARGO Office for details.
- The client must properly prepare the cargo for shipment (i.e. packing, marking, labeling, etc.) and provide all necessary documentation at the time of delivery of the cargo.
- The client must have reserved the space following all of LAN CARGO or its affiliates' requirements and must be in compliance with all the local and international regulations that apply to the shipment.
- Reimbursements will only be made to the party that makes the payment, irrespective of whether made at origin or destination.
- Additions to the original cargo shipment reserved are not allowed.
- If the client delivers more cargo than as booked, and LAN CARGO or its affiliates are unable to accommodate the excess cargo on the same flight, LAN CARGO and its affiliates reserve the right to apply the 100% reimbursement of the shipment cost at their discretion.
LAN CARGO reserves the right to reimburse the shipment cost if the service failure occurs as a result of one or more of the following:
- Force Majeure. If LAN CARGO is unable, in whole or in part, to comply with the scheduled service or transportation, as a result of Force Majeure, the obligations of LAN CARGO, including the performance, which is prevented by such Force Majeure, shall be suspended, without responsibility or liability for any loss or damage during the continuance of the force majeure event. Force Majeure shall mean any event which is not reasonably within the control of LAN CARGO, including but not limited to acts of God, strikes or labor shortages, protests, weather conditions, lockout or other industrial disturbances, acts of public enemy, including, but not limited to any act(s) of terrorism, war, blockade, public riots, fires, explosions, quarantines, or governmental restraints, inability of a party to obtain necessary material or equipment or permits due to future laws, rules or regulations or governmental authorities, among others causes.
- Delays due to mechanical failures.
- Problems with fuel suppliers.
- The cargo or its accompanying documentation is not acceptable for boarding or if the size and weight of the cargo are above the maximum limit established for the aircraft.
- Shipper or consignee's failure to comply with one or more of the applicable rules and regulations, terms and conditions of the service, or rates established, including but not limited to improper and/or unsafe packaging, incomplete information on AWB, etc.
- Cancellation by the shipper.
Other Rules and Restrictions
- If the cargo is larger than originally reserved and the excess quantity cannot be shipped on the same flight, LAN CARGO and its affiliates reserve the right to reimburse the cost of the shipment.
- LAN CARGO will not accept an AWB with Positive FS selection without a previous reservation.
- LAN CARGO and its affiliates cannot accept as Positive Flight Specific:
- Oversized pieces or shipments with weight and measurements that surpass the limits established for each aircraft.
- Valuables Goods.
- Non-cremated human remains.
- Live Animals.
- Shipment must be in compliance with FAA/ TSA, ICAO, IATA and all other applicable regulations.
- The handling instructions contained in the AWB apply.
- LAN CARGO and its affiliates reserve the right to change, alter, or amend these Positive Flight Specific product service regulations, exceptions, rules and restriction, as well as any other term herein, at any time, at its sole discretion and without prior notice.
- LAN CARGO and its affiliates reserve the right to end or revoke this offer contained herein at any time, at its sole discretion and without prior notice.
- By using the Positive Flight Specific product, the contracting party confirms knowledge and acceptance of the terms and conditions described herein.