Salfort s.r.o.
These General Conditions of Air Cargo Transportation and Delivery (the “Conditions”) constitute a legally binding framework governing the organization, performance and execution of air cargo transportation and related services provided by Salfort s.r.o. (the “Forwarder”).
These Conditions are drafted as a master English version, prevailing over any translation, and are aligned with international air cargo practice, including IATA and FIATA standards, the Montreal Convention, applicable EU regulations and Carrier Conditions of Carriage (including, where applicable, Lufthansa Cargo).
1. DEFINITIONS
1.1. Carrier means any air carrier, airline or other entity performing the carriage of the Goods by air and issuing the Air Waybill, whether acting as contractual or actual carrier.
1.2. Forwarder means Salfort s.r.o., acting in its own name and/or as agent of the Client in arranging air cargo transportation and related services.
1.3. Client means the shipper, consignee, payer or any other natural or legal person who orders services from the Forwarder and/or on whose behalf the contract of carriage is concluded.
1.4. Goods means any cargo, goods, merchandise or other items accepted for air transportation.
1.5. Charges means all amounts payable in connection with the transportation and handling of the Goods, including but not limited to freight charges, surcharges, customs duties, taxes, airport charges, storage fees, handling fees, advances, administrative costs and any other expenses incurred.
1.6. Air Waybill (AWB) means the transport document evidencing the contract of carriage by air, including its terms and conditions, whether issued in paper or electronic form.
1.7. IATA / FIATA Rules and Standards means the internationally recognized rules, resolutions, recommended practices and standard trading conditions issued by the International Air Transport Association (IATA) and the International Federation of Freight Forwarders Associations (FIATA).
2. SCOPE OF APPLICATION
2.1. These Conditions apply to all air cargo transportation and related services provided by the Forwarder unless expressly agreed otherwise in writing.
2.2. Conditions of Carriage issued by the Carrier, including Lufthansa Cargo where applicable, shall apply to the actual carriage of the Goods and prevail in matters of carrier liability.
3. FORMATION OF CONTRACT
3.1. A contract is deemed concluded upon written acceptance of a booking by the Forwarder.
3.2. The Client warrants the accuracy and completeness of all information relating to the Goods and shall be liable for all consequences arising from misdeclaration or omission.
4. PACKAGING AND MARKING
4.1. The Client shall ensure that the Goods are properly packed and marked for air transportation, handling and storage.
4.2. The Forwarder shall not be liable for loss or damage resulting from inadequate packaging, inherent defects or the nature of the Goods.
5. RATES, PAYMENT AND ADVANCE PAYMENTS
5.1. Rates and Charges shall be determined in accordance with the Forwarder’s applicable tariffs and confirmed prior to acceptance of the Goods.
5.2. Unless expressly agreed otherwise, rates do not include customs duties, taxes, airport, storage or third-party charges.
5.3. The Forwarder reserves the right to require advance payment and/or a security deposit prior to acceptance or release of the Goods, particularly for high-risk destinations, high-value or special cargo, or where required by the Carrier or handling agent.
6. RIGHT OF RETENTION AND LIEN
6.1. The Forwarder, Carrier and/or their appointed agents shall have a contractual and statutory right of lien and retention over the Goods until full payment of all Charges.
6.2. This right applies irrespective of the identity of the payer and shall be enforceable against the Goods in the Forwarder’s possession or control.
6.3. In the event of prolonged non-payment, the Forwarder may store, return, abandon or lawfully sell the Goods, applying proceeds toward outstanding amounts, costs and interest.
7. STORAGE AND HANDLING
7.1. Free storage periods are determined by the applicable airport or handling agent. 7.2. All storage and handling costs after expiry of free time shall be borne by the Client.
7.3. The Forwarder shall not be liable for deterioration resulting from delays caused by the Client or consignee.
8. DELIVERY AND CUSTOMS FORMALITIES
8.1. Delivery is deemed completed upon release of the Goods at destination following settlement of all Charges.
8.2. The Client shall remain liable for all duties, taxes and Charges; refusal by the consignee to pay any amount shall not release the Client from liability.
9. TRANSIT TIME AND DELAYS
9.1. Transit times are indicative only and not guaranteed.
9.2. No liability shall arise for delays due to force majeure, governmental actions, airport congestion or consignee default.
10. LIABILITY
10.1. Liability for loss, damage or delay is governed by the Montreal Convention and the Carrier’s Conditions of Carriage.
10.2. The Forwarder shall not be liable for indirect, consequential or purely economic losses to the maximum extent permitted by law.
11. CLAIMS
11.1. Claims must be submitted in writing within applicable time limits and supported by relevant documents.
11.2. Failure to comply with applicable claim procedures and time limits may result in rejection of the claim.
12. COMPLIANCE WITH IATA / FIATA
12.1. The Forwarder operates in accordance with IATA and FIATA standards, including applicable settlement and documentation practices.
13. BUSINESS-TO-BUSINESS CLAUSE (NON-CONSUMER)
13.1. These Conditions apply exclusively to business-to-business (B2B) transactions. The Client confirms that it acts in the course of its trade or business and not as a consumer.
13.2. Any statutory consumer protection provisions, including but not limited to those under EU or national consumer laws, shall not apply to services provided under these Conditions.
13.3. The Client acknowledges that the allocation of risks, limitations of liability, lien rights and payment obligations set forth herein reflect standard commercial practice in international air freight forwarding.
14. GOVERNING LAW AND JURISDICTION
14.1. These Conditions shall be governed by the laws of the Czech Republic, in accordance with Regulation (EC) No 593/2008 (Rome I).
14.2. All disputes shall be subject to the exclusive jurisdiction of the courts of the Czech Republic, without prejudice to mandatory international conventions.
15. PREVAILING LANGUAGE
15.1. This English version of the Conditions shall prevail in the event of any discrepancy or inconsistency with any translation.
16. ACCEPTANCE OF CONDITIONS
16.1. By submitting a booking request, tendering Goods for transportation, or otherwise instructing the Forwarder to perform services, the Client expressly confirms acceptance of these Conditions, including all Appendices, regardless of whether a separate contract is signed.
16.2. These Conditions shall be deemed incorporated into all quotations, confirmations, Air Waybills and related transport documents issued by or on behalf of the Forwarder.
APPENDIX A – HIGH-RISK DESTINATIONS & ADVANCE PAYMENT POLICY
A.1. The Forwarder reserves the right to classify certain destinations, routes or shipments as high-risk based on, inter alia: country risk assessments; historical payment behavior; political, economic or regulatory instability; and carrier, airport or handler requirements.
A.2. For high-risk destinations, the Forwarder may require: full advance payment of all Charges; an additional security deposit; bank guarantees or other financial security.
A.3. Failure to provide such advance payment or security entitles the Forwarder to suspend, refuse or terminate performance without liability.
APPENDIX B – DANGEROUS GOODS AND SPECIAL CARGO
B.1. The Client must declare all Dangerous Goods in strict compliance with IATA Dangerous Goods Regulations (DGR).
B.2. Special Cargo (including temperature-controlled, valuable, live animals or oversized cargo) is accepted only upon prior written approval.
B.3. The Client shall indemnify the Forwarder against all losses, penalties or damages arising from incorrect or incomplete declarations.
APPENDIX C – STORAGE, ABANDONMENT AND DISPOSAL OF GOODS
C.1. If the Goods are not collected or paid for within 30 calendar days from arrival (or such shorter period as required by airport or carrier rules), the Forwarder may treat the Goods as abandoned.
C.2. In case of abandonment, the Forwarder may, without further notice: continue storage at the Client’s expense; return the Goods; lawfully sell or dispose of the Goods.
C.3. Proceeds of sale may be applied against outstanding Charges, storage costs, administrative fees and interest, without prejudice to the Forwarder’s right to recover any balance.