Positive Flight Specific: Service Regulations

SERVICE FAILURE

A service failure occurs when the cargo is not transported on the reserved flight specified on the air waybill.*

REIMBURSEMENTS FOR SERVICE FAILURES

If LAN CARGO fails to provide the guaranteed Positive Flight Specific service, the client shall be entitled to a 100% reimbursement of the shipment cost, and the freight gets transported on the next available flight.

To obtain a reimbursement, the following conditions must be met:

• Timely delivery of freight at LAN CARGO. The time limits for acceptance of Positive Flight Specific cargo will be adjusted to each season's "Cutoff" times. Please contact your local LAN CARGO office for details.
• The client must have had properly prepared the cargo for shipment (i.e. packing, marking, labeling, etc.) and presented all the necessary documentation.
• The client must have reserved the space following all of LAN CARGO's requirements and in accordance with all the local and international regulations.
• Present the claim within 21 business days from the date of the service failure.

Reimbursements will only be made to the party that made the payment, irrespective of whether made at origin or destination. No additions to the original cargo shipment are allowed.

EXCEPTIONS

LAN CARGO reserves the right to apply reimbursement of shipment costs, if the service failure occurs as a result of one or more of the following:

• Force majeure. If LAN CARGO is rendered unable, wholly or in part, by force majeure to carry out the transport guaranteed, it may cancel or delay any and all flights affected by such force majeure without responsibility. Additionally, the obligations of LAN CARGO shall be suspended during the continuance of the force majeure. Force majeur 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, governmental restraints.

• Delays due to mechanical failures.
• Problems with fuel suppliers.
• The cargo or its accompanying documentation is not acceptable for boarding, or if the cargo's size and weight are above the maximum limit established for the aircraft.
• Shipper or consignee's failure to comply with one or more of the rules, terms, or rates established, including but not limited to improper and/or unsafe packaging, incomplete information on AWB, etc.
• Cancellation by the shipper.
• Any other event not controlled by LAN CARGO.

OTHER RULES AND RESTRICTIONS

1. In cases where the cargo is larger than the one in the original reservation and the excess quantity cannot be shipped on the same flight, LAN CARGO reserves the right to apply the service guarantee.
   
2. LAN CARGO will not accept as Positive Flight Specific cargo:
3. • Oversized pieces or shipments with weight and measurements that surpass the limits established for each aircraft.
   • Dangerous Goods.
   • • Exception: shipments containing solid carbon dioxide ("dry ice") are subject to flight restrictions and approval by LAN CARGO.
   • Valuables Goods.
   • Non-cremated human remains.
   • Live Animals.
4. FAA/ TSA, ICAO, IATA, and all other related regulations apply.
   
5. All handling conditions contained in the AWB apply.
   
6. LAN CARGO reserves the right to change, alter, or amend this document, and the terms herein, at its sole discretion and without prior notice.
   
7. LAN CARGO reserves the right to end or revoke this offer at any time, at its sole discretion and without prior notice.
   
8. The contracting party declares knowledge and acceptance of each and every condition described herein.

* Certain exceptions and/or restrictions may apply. Contact our nearest office for additional details.