Terms and Conditions

These Terms and Conditions (“T&C”) constitute an Agreement entered into by the SHIPPER and LATAM AIRLINES PERÚ S.A., which in turn has a contractual relationship with LAN CARGO S.A. SUCURSAL PERÚ (hereinafter the “CARRIER”), for the latter to perform (administer and manage) the domestic cargo transportation service made available to the SHIPPER, which shall be governed by the following:

1. Provider identification

In compliance with the principle of transparency and the provisions of Article 2 of Law No. 29571 – Consumer Protection and Defense Code, we provide our general information so that you may contact us if you have any questions:

• 1.1 Entity responsible for the service:

• 1.2 Entity responsible for performing the service:

Latam Airlines Perú S.A. is responsible for the proper provision of the domestic cargo transportation service and will use the CARRIER, which will perform the contracted service, for this purpose. Accordingly, all obligations of the CARRIER set out in these Terms and Conditions shall be understood to have been assumed by Latam Airlines Perú S.A. Notwithstanding the foregoing, the SHIPPER may submit any inquiries and/or requests it considers necessary to the CARRIER, and that entity will respond to them.

2. Purpose of the agreement

The SHIPPER contracts domestic air cargo transportation services so that the CARRIER transports the entrusted cargo, and declares that it owns the cargo. Transportation will be completed within the period communicated to the SHIPPER once the cargo has been accepted.

3. Carrier obligations and powers

1. The CARRIER agrees to transport the cargo within the communicated period, subject to available space on its aircraft, and may select or change the route, change the mode of transportation, or use another carrier without prior notice.
2. Whenever it considers it necessary or appropriate, the CARRIER may inspect the contents of any cargo in the presence of the SHIPPER or the recipient and may refuse to accept it if it does not meet the characteristics stated in these T&C or if transportation of that cargo is expressly prohibited by the applicable legal provisions.
3. The CARRIER holds a postal concession that authorizes it to provide postal services pursuant to Supreme Decree No. 032-93-TCC and will therefore provide those services in accordance with the applicable laws and regulations.
4. Upon issuance of the Air Waybill, the cargo agency becomes its permanent guarantor in accordance with Article 59 of the current Securities Law.
5. The CARRIER may dispose of transported property that is not collected from the warehouse within the period stated in section 4.e, whether during a regular period or under the special regime. Depending on the nature of the cargo and the applicable provisions, it may destroy it, deliver it to specialized entities, or take other measures (applicable to perishables, live animals, human remains, and other cargo).

4. Shipper obligations

The SHIPPER must meet the following conditions to use the domestic cargo transportation service:

1. Package the cargo correctly according to the nature of its contents so that it can be transported safely under normal handling conditions.
2. Inform the CARRIER, by means of a sworn statement, of the contents and characteristics of the cargo to be transported. The SHIPPER bears sole and exclusive responsibility for the truthfulness and accuracy of all information provided.
3. Provide all documents that must be submitted to police, customs, health, or other authorities when required by the type of cargo.
4. Pay the applicable amount for each kilogram of cargo to be transported according to the rate schedule displayed physically at the warehouses. The chargeable weight will be the higher of the cargo’s actual weight and volumetric weight, the latter being determined from the cargo’s dimensions. If the cargo’s weight is not a whole number, it will automatically be rounded up to the next half kilogram or kilogram. Where applicable, the charge will be calculated using the adjusted weight in accordance with current IATA rules. Upon accepting this service, the SHIPPER has been informed in advance of the exact amount payable and thereby accepts the terms and price of the service.
5. Ensure that the transported property is collected within no more than 2 business days from the time the recipient is informed that the cargo is available for collection at the corresponding warehouse, or within the exceptional period applicable during times of high operational demand pursuant to section 7.2 of these T&C.
6. Pay the applicable penalty if the transported property is not collected within the period stated in the preceding item, whether during a regular period or under the special regime. The recipient may voluntarily pay that penalty without thereby becoming responsible for the obligation.

5. Carrier liability and exemptions

1. The CARRIER’s liability will be limited to 17 Special Drawing Rights (SDR) per registered kilogram pursuant to the regulation issued for these cases (Supreme Decree No. 050-2001-MTC).
2. The CARRIER will not be liable for damage when the cause is not attributable to it or when the cargo is not under its care. By way of example, the CARRIER is not liable for acts of God, force majeure, inherent defects in the property, packaging defects, inaccurate or incorrect information or addresses, differences in weight, size, or quantity caused by natural shrinkage, leakage, or evaporation inherent in the transported item, or damage due to its fragility when that fragility was not declared by the SHIPPER. It will also not be liable while the cargo is in the care of third parties.
3. Acceptance of the cargo by the recipient without protest creates a presumption that it was delivered in good condition and in accordance with the transportation agreement, unless proven otherwise.
4. THE CARRIER will not be liable for destruction, loss, damage, or delay caused by failure to provide documents required by any police, customs, health, or other authority when required by the type of cargo.

6. Shipper liability

1. The SHIPPER is liable for damages caused to the CARRIER or third parties by false declarations concerning the condition and nature of the cargo.
2. The SHIPPER is liable for damage caused by deficient or inadequate packaging of the cargo to be transported or by inaccurate or incorrect information or addresses.
3. The SHIPPER is liable for any expense or fine incurred by the CARRIER or third parties due to failure to provide documents required by police, customs, health, or other authorities when required by the type of cargo.

7. Warehouse collection

7.1 Regular period

Once the property has been transported to the warehouse agreed with the SHIPPER and the recipient has been informed, it must be collected within 2 business days.

Failure to meet this obligation will result in a late-collection penalty under the penalty schedule (Sole Annex) forming part of these terms and conditions. The penalty accrues automatically once the collection period established in these T&C expires.

If the cargo is not collected, the CARRIER may also dispose of it by destroying it or delivering it to specialized entities, as applicable (for example, perishables, live animals, human remains, and other cargo).

7.2 Special regime during periods of high operational demand

During periods of high operational demand or logistical congestion—such as commercial campaigns, year-end holidays, or other events that cause a significant increase in air cargo volume—the CARRIER may establish an exceptional collection period different from the period set out in section 7.1. It may be one business day or even the same day on which availability is communicated to the recipient.

Application of this special regime will be communicated in advance to the SHIPPER or recipient through the usual communication channels. Failure to meet the exceptional period will result in the penalty provided for in section 7.1 and may lead to the exercise of the powers established in section 5.a.

8. Dangerous or prohibited cargo

The CARRIER will not be liable and may reject shipments of dangerous or prohibited goods that the SHIPPER and/or Cargo Agency has not declared or has falsely declared, including explosives; toxic, flammable, and compressed gases; flammable and/or self-reactive liquids and solids; oxidizers and organic peroxides; toxic and infectious substances; radioactive, corrosive, or miscellaneous material; weapons; or living species whose sale or possession is prohibited or restricted without authorization from the competent authority. The SHIPPER and/or Cargo Agency will be liable for any damage caused to the CARRIER or third parties by delivering goods with the characteristics described above, pursuant to Doc. 9264 “Technical Instructions for the Safe Transport of Dangerous Goods by Air” (ICAO), Annex 16 to the Chicago Convention, and Peruvian Aeronautical Regulation 110.

9. Live animal cargo

This is a type of sensitive cargo:

9.1 Requirements for transporting live animals:

1. Pets must be at least 3 months old.
2. An up-to-date vaccination card or certificate that also states the pet’s age must be submitted.
3. The carrier or container must be in optimal condition. It must not have wheels, and its floor must be leakproof.
4. The animal must be in good health. Sick, injured, or pregnant animals will not be transported.
5. Live fish must be packed in waterproof materials covered with an additional plastic bag or sheet. An absorbent pad will be used and charged for at the origin of each shipment.
6. Shipments of day-old chicks must meet the general requirements applicable to live animal transportation and the following requirements:
   1. Transportation must take place under conditions that provide sufficient ventilation and an appropriate environment to preserve the birds’ health and welfare throughout every stage, without obstructing container ventilation openings.
   2. Vehicles and equipment used for supplementary ground transportation of the birds must be cleaned and disinfected in accordance with the applicable health regulations.
   3. Containers must comply with the applicable Container Requirement in the current IATA Live Animals Regulations, including construction, compartmentalization, strength, and density requirements.
   4. The interior height of the container must be at least 14 cm.
   5. The container must be sufficiently strong, secure, and suitable for the transported birds and must prevent escapes and leakage, in accordance with the applicable IATA Container Requirement.
   6. Packaging ventilation openings must not exceed 1 cm in diameter or width. Openings may be slots or circles and must not reduce the roof’s structural strength.
   7. These openings must be present on all four sides and on the container lid.
   8. Each box may contain 90 units during summer and 100 units during the rest of the year.

Restrictions:

1. The SHIPPER acknowledges and accepts that brachycephalic animals are susceptible to respiratory and acclimatization difficulties due to their anatomy. The CARRIER may therefore refuse to provide the service in such cases.
2. The CARRIER will reject any animal that is threatening or displays aggressive behavior during acceptance or loading procedures, or that lacks documentation and certification by the competent authority when applicable.

On routes where live animals may be transported, the CARRIER will not be liable for animals that die from natural causes or for damage caused by the animal’s own behavior during transportation or while in its possession, in accordance with current IATA rules.

10. Valuable cargo:

This is a type of sensitive cargo. It includes, among other items, money, banknotes, bank documents, traveler’s checks, securities, shares, coupons, stamps, gold bullion, platinum, palladium, silver, diamonds, jewelry, watches, and articles made of gold or platinum.

Requirements for transporting valuable cargo:

1. The SHIPPER must inform the CARRIER that the shipment is valuable cargo and make the reservation under that category sufficiently in advance.
2. The cargo must be submitted in appropriate, strong, undamaged packaging suitable for the nature of its contents.
3. The cargo must pass a security inspection before shipment.
4. The maximum permitted value is USD 15 million at the Cusco (CUZ), Arequipa (AQP), Piura (PIU), and Trujillo (TRU) stations and USD 10 million at all other stations.
5. Transportation of valuable cargo is subject to the operational and security restrictions applicable to the corresponding route and station.

11. Perishable cargo

Requirements for transporting perishable cargo:

1. Cargo must be placed in strong packaging that prevents spills or odors.
2. Goods in poor condition are not accepted.
3. The SHIPPER bears sole responsibility when the recipient collects cargo late and the cargo is approaching its expiration date.

12. Human remains cargo

Coffins showing signs of moisture or odors caused by decomposition will not be accepted. Under Articles 39 and 62 of Supreme Decree 03-94-SA, Regulation of the Cemeteries and Funeral Services Law, coffins must be waterproof and hermetically sealed. The following documents must also be submitted:

1. Health authorization for transportation issued by the competent Health Authority for the corresponding jurisdiction (DIRIS, DIRESA, or GERESA).
2. Death certificate issued by RENIEC.
3. Copy of the deceased person’s DNI or birth certificate if the deceased was a minor.
4. Copy of the DNI of the family member completing the procedure.
5. Embalming certificate if the deceased has been dead for more than 48 hours.

13. Damage to cargo

Pursuant to Law 27261, Civil Aeronautics Law, damage to cargo will be handled as follows:

1. In the event of destruction, total or partial loss, damage, or delayed delivery of baggage or cargo, the recipient must submit a claim to the carrier by means of a protest.
2. The protest must be recorded in writing or on the waybill in a verifiable manner and must be submitted within the periods established by this Law.
3. Acceptance of cargo by the recipient without protest creates a presumption that it was delivered in good condition and in accordance with the transportation agreement, unless proven otherwise.
4. Failure to submit a protest within the established periods makes any administrative or legal action against the carrier inadmissible, except in the event of fraud.
5. In the event of damage to or partial loss of the transported cargo, the SHIPPER must submit a written claim within 10 business days after the delivery date.
6. In the event of total loss or destruction of the cargo, a claim must be submitted within 10 business days from the date the CARRIER informs the SHIPPER or the recipient of the incident, or from the date the cargo should have been made available to the recipient.
7. In the event of delayed delivery, the protest must be made within the same periods, calculated from the date the carrier informs the owner or recipient that the cargo has arrived.

14. Complaints Book

Notwithstanding the preceding section, the SHIPPER may exercise any right it considers appropriate by filing a complaint in the Complaints Book.

15. Personal data protection

The Personal Data Processing Policy for this service is available at the following link: https://www.latamairlines.com/pe/es/legal/politica-de-privacidad

16. Acceptance of the T&C

Receipt and possession of this document means that the SHIPPER and the CARRIER agree to the stated conditions and that the declared description and value are accurate.

17. Dispute resolution

These T&C are governed by and interpreted in accordance with the laws of the Republic of Peru. The parties also agree that any dispute, claim, or issue related to or arising from this agreement will be submitted to the courts and tribunals of Lima, and waive the jurisdiction of their domiciles, without prejudice to the powers of the relevant administrative authorities.