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TERMS AND SERVICES
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TERMS AND SERVICES

SERVICE TERM

1. Condition of the Contract of Carriage - Brazilian Aeronautics Code (Law No. 7,565, December 1986)

The parties agree that the provisions of the Brazilian Aeronautical Code (Law No. 7,565 of December 19, 1986) apply to this contract, in particular the following transcytes.

Art. 239. Without prejudge of criminal liability, the consignor is liable for the accuracy of the indications and statements contained in the air knowledge and for the damage that, as a result of his irregular, inaccurate or incomplete statements or indications, may suffer the carrier or any other person.

Art. 241. The statements contained in the air knowledge, relating to weight, dimensions, cargo packaging and number of volumes, shall be presumed to be true until proven otherwise; those relating to the quantity, volume, value and status of the cargo will only prove against the carrier, if it proves its accuracy, which should be included in the knowledge.

Art. 244. It is presumed delivered in good condition and in accordance with the transport document the cargo that the recipient has received without protest.

Art. 263. In the event of delay, loss of destruction or damage of cargo occurred during the performance of the air transport contract, the liability of the carrier is limited to the amount corresponding to 3 (three) Obligations of the National Treasury - OTN per kilo, unless special declaration of value made by the consignor and for payment of an additional fee, if applicable (Articles 239 and 244).

Art. 264. The carrier shall not be liable if it proves:

  • I - that the delay in the delivery of cargo was caused by the express determination of aeronautical authority of the flight, or by a necessary fact whose effect it was not possible to predict, avoid or prevent;
  • II - that the loss, destruction or malfunction resulted exclusively from one or the following facts:
    • nature or vice of the goods;
    • defective packing of the cargo, made by person or his or her prepositions;
    • act of war or armed conflict;
    • act of public authority relating to the cargo;

2. Cargo Safety Statements

I also declare that:

  • Shipments of packages are prepared by trusted persons and under security measures;
  • Cargo shipments are protected against infringement from preparation for shipment to delivery to the air carrier;
  • I authorize the opening of shipments of volumes for security reasons; and
  • Shipments do not contain any dangerous items not declared or prohibited.

For further clarification on the conditions of transport of TAM CARGO products visit the website: www.latamcargo.com