Air Bookings UK Ltd T/A VIP Express Worldwide
Terms & Conditions
Air Bookings UK Ltd T/A VIP Express Worldwide
Terms & Conditions
EACH TIME YOU ACCESS, USE OR REGISTER WITH Air Bookings UK Ltd T/A VIP Express Worldwide YOU ARE SIGNIFYING YOUR AGREEMENT TO THE FOLLOWING
TERMS AND CONDITIONS (either the “Terms of Service” or “Agreement”).
You may not use Air Bookings UK Ltd T/A VIP Express Worldwide
If you do not agree to these Terms of Service1) Sold to Consumers distant selling regulations (Consumer protection distant selling Regulation 2000)
2) Business to business unfair trading contract terms act
2.1) Due to the immediacy of the service you are waiving your rights to the 7-day period
2.2) Booking online, must register with all your current details and adhere to all legal requirements
2.3 These terms and conditions (‘terms’) set out the basis on which AIR BOOKINGS UK LTD T/A VIPs Express Worldwide will transport packages, documents and envelopes (‘packages’) and palletised goods (‘pallets’; pallets and packages are together ‘shipments’). These terms are supplemented by the current applicable VIP Service and Tariff Guide (‘the guide’). The guide contains important details about the services of VIP which the shipper should read and which form part of the agreement between Air Bookings UK Ltd T/A VIP Express Worldwide and the shipper.
2.4Depending on the country where the shipment is presented Air Bookings UK Ltd T/A VIP Express Worldwide for carriage, the term Air Bookings UK Ltd T/A VIP Express Worldwide ‘will mean and the shipper’s contract will be with whichever of the following companies is applicable.
2.5
Where carriage by air involves an ultimate destination or stop outside the country of origin the Warsaw Convention may apply. The Warsaw Convention governs and, in most cases, limits the liability of carriers in respect of loss of or damage or delay to cargo. (For the purpose of these terms the phrase ‘the Warsaw convention’ means (i) the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw Convention 1929 or (ii) that Convention as amended or supplemented by any protocol or supplementary convention or (iii) the Montreal Convention 1999, whichever is applicable.) Notwithstanding any clause to the contrary, international carriage by road may be subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19th May 1956 (‘the CMR Convention’).
2.6
A shipment may be carried via any intermediate stopping places that Air Bookings UK Ltd T/A VIP Express Worldwide deems appropriate. Air Bookings UK Ltd T/A VIP Express Worldwide may engage sub-contractors to perform services and contracts both on its own behalf and on behalf of its
servants, agents and sub-contractors each of whom shall have the benefit of these terms. In these terms ‘Waybill, shall means a single Air Bookings UK Ltd T/AS VIP Express Worldwide Waybill/Consignment note or the entries record against the same date, address and service level
on a collection record. All packages or pallets covered under a Waybill shall be considered a single shipment.
2.7
Scope of Service
Unless any special services are agreed, the service to be provided by Air Bookings UK Ltd T/A VIP Express Worldwide is limited to the collection, transportation, customs clearance where applicable, and delivery of the shipment. The shipper acknowledges that shipments will be consolidated with those of other shippers for transport and that Air Bookings UK Ltd T/A VIP Express Worldwide may not monitor the inbound and outbound movement of individual shipments at all handling centres. Air Bookings UK Ltd T/A VIP Express Worldwide is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any shipment tendered to it for transportation.
2.8
Conditions of Carriage
This section sets out various restrictions and conditions which apply to the carriage of shipments by Air Bookings UK Ltd T/A VIP Express Worldwide. It also explains what the consequences are of the shipper presenting shipments for carriage which do not meet these requirements.
2.9
Service Restrictions and Conditions
The following articles are prohibited from shipment to all countries served by Air Bookings UK Ltd T/A VIP Express Worldwide:
– Alcoholic beverages
– Animal skins (non-domesticated)
– Articles of value (artwork, precious stones, gold, silver and Bullion)
– Dangerous / hazardous goods (following IATA and ADR regulations)
– Firearms
– Furs
– Ivory products
– Jewellery and watches exceeding $500
– Live Animals
– Money
– Perishable goods
– Plants
– Pornographic Items
– Seeds
– Tobacco
– Unaccompanied baggage
– Negotiable Instruments in bearer form
– Cashier’s cheques
– Hazardous or combustible materials
– Industrial carbons and Diamonds
(iii) Shipments must not contain any of the prohibited articles listed in the Guide including (but not limited to) 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
(iv) Shipments 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 Air Bookings UK Ltd T/A VIP Express Worldwide, or the carriage, export or import of which is prohibited by applicable law.
The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all shipments set out adequate contact details for the shipper and receiver of the shipment and that
they are so packed, marked and labelled, their contents so described and classified and are 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 Guide and applicable law. Air Bookings UK Ltd T/A VIP Express Worldwide
3.0
Refusal and Suspension of Carriage
(i) If it comes to the attention of Air Bookings UK Ltd T/A VIP Express Worldwide that any shipment does not meet any of the above restrictions Air Bookings UK Ltd T/A VIP Express Worldwide may refuse to transport the relevant shipment (or any relevant part thereof) and, if carriage is in progress, Air Bookings UK Ltd T/A VIP Express Worldwide may suspend carriage and hold the shipment (or any relevant part thereof) to the shipper’s order.
(ii) Air Bookings UK Ltd T/AS VIP Express Worldwide may also suspend carriage if it cannot effect delivery, if the receiver 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 correct address is found to be in another country from that set out on the shipment or on the Waybill or if it cannot collect amounts due from the receiver on delivery.
3.1
Where Air Bookings UK Ltd T/A VIP Express Worldwide
is entitled to suspend carriage of a shipment (or any relevant part thereof), it is also entitled to return it to the shipper at its own discretion.
3.2
The shipper will be responsible for the reasonable costs and expenses Air Bookings UK Ltd T/A VIP Express Worldwide (including storage), for such losses, taxes and customs duties as Air Bookings UK Ltd T/A VIP Express may suffer and for all claims made against Air Bookings UK Ltd T/A VIP Express Worldwide because a shipment does not meet any of the restrictions, conditions of the return of a shipment (or any relevant part thereof), the shipper will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of Air Bookings UK Ltd T/AS VIP Express Worldwide
3.3
If the shipper tenders to Air Bookings UK Ltd T/A VIP Express Worldwide a shipment which fails to comply with any of the restrictions or conditions above without Air Bookings UK Ltd T/A VIP Express Worldwide express written consent, Air Bookings UK Ltd T/A VIP Express will not meet any loss howsoever arising which the shipper may suffer in connection with the carriage by Air Bookings UK Ltd T/A VIP Express Worldwide of such shipment (regardless of whether that failure to comply has caused or contributed to the loss and notwithstanding any negligence on the part of Air Bookings UK Ltd T/A VIP Express Worldwide or its employees, contractors or representatives) and, if Air Bookings UK Ltd T/AS VIP Express Worldwide does suspend carriage for a reason allowed by these terms, the shipper shall not be entitled to any refund on the carriage charges it has paid. Air Bookings UK Ltd T/A VIP Express Worldwide may bring a claim in respect of such non-compliance.
3.4
If having suspended carriage of a shipment (or any relevant part thereof) in accordance with these provisions, Air Bookings UK Ltd T/A VIP Express Worldwide is unable within a reasonable time to obtain the shipper’s instructions or it’s disposition or to identify the shipper or any other person entitled to the goods (having if necessary opened the shipment) Air Bookings UK Ltd T/A VIP Express Worldwide shall be entitled to destroy or sell the shipment (or any relevant part thereof), at its absolute discretion. The proceeds of any such sale shall first be applied to any charges, costs or expenses (including interest) outstanding in respect of the shipment or otherwise from the shipper concerned. Any balance shall be held to the shipper’s order.
3.5
Customs Clearance
Where a shipment requires customs clearance, it is the shipper’s responsibility to provide complete and accurate documentation for the purpose but Air Bookings UK Ltd T/A VIP Express Worldwide will unless instructed otherwise act as the shipper’s agent in obtaining customs clearance provided that, in the case of shipments whose points of despatch and destination are both within the same customs area.
3.6
Air Bookings UK Ltd T/A VIP Express Worldwide will only perform customs clearance if instructed to do so. The shipper also agrees that Air Bookings UK Ltd T/A VIP Express Worldwide may be considered as being the receiver of the shipment for the sole purpose of appointing a customs broker to carry out any customs clearance to the extent permitted by law.
3.7
Payment
The rates for carriage and other services are set out in the Guide and, unless paid before shipment, all charges must be paid within 7 days of receipt of invoice or within such other period as the shipper may have agreed in writing with Air Bookings UK Ltd T/A VIP Express Worldwide may verify the actual and/or dimensional weight of shipments and, if greater than the declared weight, invoice on such basis. Unless proved otherwise, an invoice shall be considered for this purpose to have been received Air Bookings UK Ltd T/A VIP Express Worldwide
3.8
If (a) Air Bookings UK Ltd T/A VIP Express Worldwide is required to pay any taxes, duties or levies on behalf of the shipper, receiver or a third party, (b) the selected billing option indicates that the receiver or a third party should pay any charges, or (c) any taxes, duties, penalties, charges or expenses are imposed or incurred as a result of any action by customs authorities or any failure by the shipper or the receiver to provide correct documentation or any permits or licences required in connection with carriage, then in each case (without prejudice to the shipper’s contractual liability charged by Air Bookings UK Ltd T/A VIP Express Worldwide for payment. Should the amount in question not immediately be paid to Air Bookings UK Ltd T/A VIP Express Worldwide in full by such party, such amount shall be payable by the shipper on first written demand. Air Bookings UK Ltd T/A VIP Express Worldwide shall not be obliged to separately issue a claim against the receiver or any third party for payment, as the shipper undertakes to be jointly liable with such third parties. In case of doubt, the burden of proving that the amount has been paid lies on the shipper
3.9
Any sum payable to Air Bookings UK Ltd T/A VIP Express Worldwide which is overdue will bear interest at the rate specified on the invoice from the due date to the date Air Bookings UK Ltd T/A VIP Express Worldwide receives payment whether before or after judgment. In addition, Air Bookings UK Ltd T/A VIP Express Worldwide reserves the right to charge a late payment administration fee up to a maximum of GBP 30 per invoice. If any sum is not paid by the shipper, receiver or some other party under these terms, Air Bookings UK Ltd T/A VIP Express Worldwide may hold any shipments it is carrying (or part thereof) until it receives payment in full or may sell them and use the proceeds to make good the debt to it in accordance with applicable local law. Any unpaid balance will remain payable.
4.0
Air Bookings UK Ltd T/A VIP Express Worldwide rates for carriage set out in the Guide are calculated only for the carriage of shipments, which do not exceed in value the amounts set out in paragraph
(ii) (or other applicable value, if lower). In the event that Air Bookings UK Ltd T/A VIP Express Worldwide becomes aware that it has carried a shipment which, without Air Bookings UK Ltd T/A VIP Express Worldwide express written consent, 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 shipment is applicable.
Air Bookings UK Ltd T/AS VIP Express Worldwide Terms and Conditions of Carriage
4.1 Interruption of Service
If Air Bookings UK Ltd T/AS VIP Express Worldwide is unable to start or continue with carriage of the shipper’s shipment for a reason beyond its control. Air Bookings UK Ltd T/A VIP Express Worldwide will not be in breach of its agreement with the shipper but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage. Examples of events beyond Air Bookings UK Ltd T/A VIP Express Worldwide control are disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities (including, without limitation, customs) and labour disputes or obligations affecting Air Bookings UK Ltd T/A VIP Express Worldwide or some other party. of doubt, the liability of Air Bookings UK Ltd T/A VIP Express under the money back guarantee is limited to the above and the guarantee does not otherwise constitute any form of undertaking or representation that the shipment will arrive by any particular time.
4.2
Claims Procedure – Prescription
All claims against Air Bookings UK Ltd T/A VIP Express Worldwide must be notified in writing as soon as reasonably practicable and in any event within 7 days of receipt in the case of damage (including partial loss of a shipment), in the case of delay within 14 days of the goods being placed at the disposal of the person entitled to delivery and in the case of loss within 7 days of the goods being consigned with Air Bookings UK Ltd T/A VIP Express Worldwide for carriage. In addition, all claims against Air Bookings UK Ltd T/A VIP Express Worldwide in connection with any shipment shall be prescribed and barred by expiration of time, unless legal proceedings are brought and written notice of them is given to Air Bookings UK Ltd T/A VIP Express Worldwide within eight months after delivery of the goods concerned or, in the case of non-delivery, within eight months from the scheduled date for delivery. This term shall not affect any rights the shipper may have under Convention Rules or other mandatory national laws.
4.3
LIMITATIONS OF LIABILITY:
Subject to sections of 4 here of
- VIP Express WW will be responsible for the customer’s shipment only while it is within VIP Express WW’s custody and control. VIP Express WW shall not be responsible for loss or damage of a shipment occurring while reshipment is out of VIP Express WW’s custody or control.
VIP EXPRESS WW’S LAIBILITY IS IN EVENT LIMITED TO TEN POUNDS (£10.00)
- NOT WITH STANDING ANY OF THE FOREGOING THE MAXIMUM INSURED VALUE ON ANY SHIPMENT ACCEPTED BY VIP EXPRESS WW IS TEN POUNDS (£10.0) IN NO EVENT SHALL THE LIABILITY OF VIP EXPRESS WW EXCEED THAT AMOUNT
4.4
CONSEQUENTIAL DAMAGES EXCLUDED; VIP EXPRESS WW SHALL NOT BE LAIBLE, IN ANY EVENT, FOR ANY CONSEQUENTIAL OR SPECIAL OR INCIDENTAL DAMAGES OR OTHER INDIRECT LOSS HOWEVER ARISING, WHETHER OR NOT VIP EXPRESS WW HAD KNOWLEDGE THAT SUCH DAMAGE MIGHT BE INCURRED, INCLUDING BUT NOT, LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.
4.5
The Warsaw and Montreal Convention limit is usually 19 Special Drawing Rights1 (SDR’s) per kilogram of the goods affected
4.6
The CRM Convention limit is 2.00 SDR’s per kilogram (but restricted to the amount of the carriage charges in the case of delay)
4.7
OTHER CARRIAGE:
GBP £40.00 per shipment or
If greater, 2.00 SDR’s per kilo of the goods affected, subject (as in all cases) to proof of loss.
4.8
These terms shall be governed by the laws of the country where the shipment is presented to Air Bookings UK Ltd T/A VIP Express Worldwide for carriage.
4.9
All correspondence from Air Bookings UK Ltd T/A VIP Express Worldwide via email is for the recipient only and not to any third party unless stated and confirmed by Air Bookings UK Ltd T/A VIP Express Worldwide.