Terms and Conditions

General conditions for transportation within Brazilian territory

1. General definitions

  • 1.1 When using the company’s cargo transportation services, the Shipper shall be subject to the rules and conditions established in this agreement, as well as the legal provisions contained in the Brazilian Aeronautical Code and all other rules established by the applicable legislation.
  • 1.2 The legal parties to this agreement are: the Shipper, the company (the company identified on the cover) or any of its related companies, and the Recipient. The Consignee may also be a party to the company’s cargo transportation agreement. The Consignee is the individual or legal entity that dispatches the cargo on behalf and under the instructions of the Shipper when the Shipper is absent.
  • 1.3 The Air Waybill, also referred to as the AWB, is the formal instrument and material evidence of the air cargo transportation agreement entered into by the Shipper or Consignee and the company.
  • 1.4 The Company issues this non-negotiable Air Waybill in the name, on behalf, and under the instructions of the Shipper or Consignee, who signs it and expressly accepts all the terms and conditions presented. The Shipper or Consignee must provide all information required to complete the Air Waybill correctly (through electronic transfer or by completing the document called the Dispatch Note) or present the invoice/declaration.
  • 1.5 The routes used for cargo transportation are at all times chosen and determined exclusively by the carrier, and no stops are predetermined.

2. Unacceptable goods or goods subject to transportation restrictions

  • 2.1 The carrier will not accept the following articles for transportation within Brazilian territory:
    • 2.1.1 Dangerous goods: explosives.
    • 2.1.2 Fuel derivatives belonging to Class 3: flammable liquids.
    • 2.1.3 Valuable cargo, such as items made of gold, platinum, silver, precious and semi-precious stones; and valuables in kind: money, checks, transportation vouchers, credit cards, among others.
    • 2.1.4 Other articles prohibited by specific legislation.
    • 2.1.5 For additional information on whether cargo transportation is possible, the restrictions imposed on each type of transported good, and the special care required when preparing, handling, and packaging certain types of products, please contact the company’s Service Center.
  • 2.2 Items considered high value will only be accepted by the company upon a declaration of value and payment of the corresponding “ad valorem” insurance.
  • 2.3 If transportation is covered by insurance purchased by the Shipper, Consignee, or any interested party, the insurance policy must be registered in the company’s cargo transportation management system, and the policy number and details of the contracted insurer must be provided. The Shipper or Consignee is responsible for immediately reporting any changes to the contracted insurer or the insurance policy.

3. Shipper / Consignee obligations

  • 3.1 The Shipper or Consignee is responsible for delivering cargo that is properly conditioned/packaged and accompanied by the documents necessary to meet legal formalities before tax, customs, police, and health authorities at the Federal, State, or Municipal levels, especially with regard to the registration data of the Shipper, Consignee, and Recipient and the correct tax classification of the document issued by the Shipper or Consignee.
  • 3.2 The Shipper or Consignee is responsible for the accuracy of the indications or declarations in the documents required to issue the Air Waybill, as well as for damages resulting from inaccurate, irregular, and/or incomplete indications or declarations suffered by the carrier or any other person.
  • 3.3 The company is not responsible for the content declaration made by the Shipper or Consignee in the Air Waybill and presumes the declarations made by that party to be true.
  • 3.4 The company will refuse transportation of cargo not accompanied by the required documents or whose transportation and commercialization are not permitted.

4. Compensation

4.1 The Shipper acknowledges that, in the event of loss or misplacement of cargo dispatched and covered by an Air Waybill, the compensation limits established by the Brazilian Aeronautical Code (available at https://www.gov.br/anac/pt-br) apply within Brazilian territory.

5. Delivery conditions and storage periods

  • 5.1 If the Shipper or Consignee chooses delivery by collection from one of the company’s service-network units, it shall have 15 (fifteen) days from the cargo’s arrival at its destination to arrange collection.
  • 5.2 If the Recipient does not collect the cargo within the period stated above, the company shall notify the Recipient to collect the cargo within 15 (fifteen) days of receiving the notice. If the cargo is not collected within that period, the company shall notify the Shipper or Consignee to collect it within 15 (fifteen) days of receiving the notice, failing which it will be considered abandoned and the appropriate legal measures will be taken. Additional fees may be charged if the cargo is not collected within the periods established above.
  • 5.3 For home delivery, up to 3 (three) delivery attempts will be made. If the final attempt is unsuccessful, the Recipient will be notified to collect the cargo from its current location, subject to the period set out in clause 5.1.

6. Shipment inspection / acceptance for transportation

  • 6.1 The company shall be obligated to adopt security controls for cargo handled by third parties outside the airport and shall check the packages against the transportation documentation, using electronic and analytical devices or otherwise.
  • 6.2 In the case of suspicious packages, the company shall inspect them manually, with electronic devices, X-ray equipment, and/or other types of analyzers.
  • 6.3 The company will not accept cargo that visibly shows signs of violation, tampering, damage, exposed wires, or leaks that may make the cargo unsafe for transportation.

7. Cargo retention

7.1 The company reserves the right to retain all dispatched cargo in the event of incomplete payment of freight charges, fees, customs duties, and charges of any nature related to the contracted transportation. It may retain any shipment until the expenses incurred have been paid and may charge a storage fee until the amounts involved have been settled.

8. Conditions for shipment – collect shipment

8.1 Cargo transportation indicated by the Shipper or Consignee for payment by the Recipient is the Shipper’s exclusive responsibility. If the Recipient refuses, or in any situation that makes delivery, receipt, and payment for the services by the Recipient impossible, the Shipper or Consignee shall be required, under penalty of law, to pay all expenses arising from the contracted transportation, including return freight, taxes, fees, and other expenses incidental to the provision of the services.

9. Disclaimer of liability

  • 9.1 Although the company uses its best efforts to deliver the cargo entrusted to it within the expected periods, it will not be liable for any loss and damage, misplacement, or other unforeseen event if these result from:
    • Acts of war or armed conflict;
    • Acts, failures, or omissions of the Shipper, Consignee, Recipient, or any other interested party in the subject matter of this Air Waybill;
    • Electrical or magnetic damage, as well as disappearance or any other damage similar to electronic or photographic images or any other type of recording;
    • Defective packaging carried out by the Shipper;
    • Any vice, defect, or characteristic inherent to the transported cargo;
    • Any effect resulting from a fortuitous event or force majeure affecting the company’s facilities, vehicles, or aircraft.
  • 9.2 Under no circumstances will the company be liable for compensation for moral damages, lost profits, or any other form of indirect damage or loss, including, without limitation, loss of profit, market, and others incurred for any reason by the Shipper or Recipient, regardless of whether the company had prior knowledge that such loss could occur.

10. Claims

10.1 Cargo will be presumed delivered in good condition and in accordance with the conditions established in the Air Waybill if the Recipient receives it and no claim is submitted within the periods defined below.

  • 1. The protest must be made through the notation described in the Air Waybill or through any form of written communication, within the following periods:
    • 1.1 In the event of a delay in cargo delivery beyond the predetermined period, the Recipient has 15 (fifteen) days from the date on which the cargo was made available to submit a protest.
    • 1.2 For all other cases not provided for in the items above, the Recipient has 30 (thirty) days from receipt of the cargo to submit the protest.
    • 1.3 In the cases provided for in the items above, in addition to the notation within the predetermined period, an inspection report must be completed when the cargo is collected or delivered.
  • 2. In the event of compensation arising from a protest, the company’s liability shall be limited to the amount established by the Brazilian Aeronautical Code, unless the Shipper or Consignee makes a special declaration of value.
  • 3. The customer paying the freight is the only party authorized and entitled to receive compensation, unless it authorizes payment to its duly represented agent through a power of attorney. In such cases, in addition to the power of attorney, an express request authorizing the transfer of the beneficiary will be required.
  • 4. In the event of doubts or disputes arising from this agreement, the Central Court of the Capital of the State of São Paulo is elected, with waiver of any other forum, however privileged, to settle such matters.