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Terms & conditions

We hope you enjoy using our site!

At Virgin Atlantic Cargo we take great care in providing our customers and users of our website, all necessary information and advice.
 
Please take the time to read our terms and conditions documented below.

Virgin Atlantic Cargo is a division of Virgin Atlantic Airways Ltd.  Please note that Virgin Atlantic Cargo act as an agent for Virgin Australia through VA Cargo Ltd on certain routes in which case the Virgin Atlantic Cargo Conditions of Carriage apply.

As a consequence of our transatlantic joint venture with Delta Air Lines, we are cooperating both commercially and operationally on flights between the UK and North America and Mexico.

Please contact us at Cargo.Marketing@fly.virgin.com for further information about Virgin Atlantic Cargo or our website.

Website Terms and conditions

TERMS AND CONDITIONS

The information data and material ("Information") contained in this Virgin Atlantic Cargo website ("Website") has been prepared solely for the purpose of providing information about Virgin Atlantic Cargo, a trading division of Virgin Atlantic Airways Limited ("Virgin Atlantic"/"we"/"us"), its subsidiaries and partners and the services that they offer. Virgin Atlantic is a limited company incorporated in England and Wales and registered under number 01600117 and whose registered office is The Office, Manor Royal, Crawley, West Sussex, RH10 9NU.

Your access to the Website is subject to the following terms and conditions ("Terms and Conditions"). By using the Website you agree to be bound by the Terms and Conditions and we therefore encourage you to read the Terms and Conditions in full. If you do not agree to these Terms and Conditions please do not use the Website.

YOUR USE OF THE WEBSITE

You agree:-

1.1 to abide by all applicable laws, regulations and codes of conduct when using the Website and to be solely responsible for all things arising from your use of the Website;

1.2 not to use the Website in any way which might infringe any rights of any third party or give rise to a legal claim against Virgin Atlantic by any third party;

1.3 not to damage, interfere with or disrupt access to the Website or do anything that may interrupt or impair its functionality;

1.4 not to obtain or attempt to obtain unauthorised access, through whatever means, to the Website or other services or computer systems or areas of our, or any of our partners’, networks which are identified as restricted;

1.5 not to collect or store personal data about other users for commercial purposes;

1.6 to respect the privacy of your fellow Internet users;

1.7 to provide true, accurate, complete and current information to us and notify us immediately of any change.

CONTENT

2.1 The material and content provided to you on the Website including, but not limited to articles, features, photographs, images, brands, logos, illustrations, audio clips and video clips, as well as all products, software, technology or processes described in this Website ("Content") is solely for your personal non-commercial use and you agree not for yourself or through any third party to distribute or commercially exploit all or any part of the Content.

2.2 All Content protected by copyright, trademarks, service marks and/or other intellectual property rights and laws (collectively "Rights") and all Rights in relation to the Website are and shall remain owned or controlled by Virgin Atlantic, or as appropriate, the third party Rights owner. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through this Website.

2.3 Nothing contained on the Website should be construed as granting, by implication or otherwise, any licence or right to use, deal with or copy in any way in party or in whole any Rights without our written permission or, as appropriate, the permission of the third party Rights owner. Your misuse of the Rights, except as expressly provided in these Terms and Conditions, is strictly prohibited.

2.4 You may however download or copy the Content and other downloadable items displayed on this Website subject to the following conditions:

2.4.1 copying or storing of any Content for any reason other than personal use is expressly prohibited without prior written permission from Virgin Atlantic or the copyright holder identified in the copyright notice contained in the relevant part of the Content;

2.4.2 all copies must maintain copyright and other intellectual property notices contained in the original material.

ACCESS AND AVAILABILITY OF SERVICE AND LINKS

3. This Website may from time to time contains links to other related World Wide Web Internet sites, resources and sponsors of this Website. Since Virgin Atlantic does not approve, check, edit, vet or endorse such sites, you agree that Virgin Atlantic is not responsible or liable in any way for the content, advertising or products available from such sites or any dealings that you may have, or the consequences of such dealings, with the operators of such sites. You agree that any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party site operator and should direct any concerns regarding any external link to the site administrator or Webmaster of such site. Virgin Atlantic makes no representations nor does it take any responsibility in relation to the content of any sites accessed through these links.

CONDITIONS OF CARRIAGE

4. The carriage of cargo by air is subject to the Conditions of Carriage of the carrier concerned and may also be subject to the Warsaw Convention or the Montreal Convention, which may limit the carrier’s liability in certain circumstances. The carriage of cargo by Virgin Atlantic Cargo is subject to the terms and conditions stipulated on the Air Waybill (which can be viewed HERE) and to the Virgin Atlantic Cargo General Conditions of Carriage (which can be viewed HERE).

CHANGES TO TERMS AND CONDITIONS

5. Virgin Atlantic may from time to time change, alter, adapt, add or remove portions of these Terms and Conditions and, if it does so, will post any such changes on this Website. Your continued use of the Website after such changes constitutes your acceptance of those changes.

CHANGES TO WEBSITE

6. Virgin Atlantic may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict your access to parts or all of the Website at its discretion without notice or liability.

NO WARRANTIES

7.1 The Website is provided "as is" without any representations or warranties (either express or implied), including but not limited to any implied warranties or implied terms of reliability, quality, functionality, absence of contaminants (including viruses, worms, trojan horses or similar), availability, satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.

7.2 While Virgin Atlantic uses reasonable efforts to include accurate and up to date information on the Website, it makes no warranties or representations as to its accuracy or completeness. Virgin Atlantic is not responsible for any errors or omissions or for the results obtained from the use of such information. The information does not constitute any form of advice, recommendation or arrangement by Virgin Atlantic or its affiliates or any other party involved in the Website and is not intended to be relied upon by users in making (or refraining from making) any decisions based on such information. You must make your own decisions on whether or not to rely on any information posted on the Website.

7.3 While Virgin Atlantic takes all reasonable steps to ensure a fast and reliable service it will not be held responsible for the security of the Website or for any disruption of the Website however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. You will remain responsible and liable for material you upload on to or access from the Website and you will indemnify Virgin Atlantic in the manner set out in paragraph 8.2 below in the Terms and Conditions in relation to your accessing or uploading.

LIABILITY FOR LOSSES/IMDEMNITY

8.1 By accessing this Website you agree that Virgin Atlantic will not be held liable to you or any third party for any direct, indirect, special, consequential or any other loss or damage arising from the use of or inability to use the Website or from your access of other material on the internet via web links from this Website.

8.2 You agree to indemnify, keep indemnified, defend and hold harmless Virgin Atlantic and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors (collectively the "Indemnified Parties") from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the Website or any breach by you of these Terms and Conditions. Virgin Atlantic reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate without defence of such claim.

NO OFFER TO SELL

9. Nothing in this Website shall constitute an offer to sell any securities and must not be relied upon in relation to any investment dealings.

EXCLUSIONS

10. The exclusions and limitations contained in these Terms and Conditions apply only to the extent permitted by law.

JURISTICTION

11. The terms and conditions of the Website and the Content shall be governed and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto.

TERMINATION AND SUSPENSION

12. Virgin Atlantic (and any persons authorised by it), may at its sole discretion immediately suspend or terminate your right to use the Website without any warning if it considers that you have contravened any of these Terms and Conditions. This is without prejudice to any other rights or remedies that Virgin Atlantic may have.

ASSIGNMENT

13. Virgin Atlantic may assign its rights and obligations under these Terms and Conditions and upon any such assignment it shall be relieved of any further obligation hereunder.

Air Waybill Conditions of Contract

NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY

IF THE CARRIAGE INVOLVES AN ULTIMATE DESTINATION OR STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE, THE MONTREAL CONVENTION OR THE WARSAW CONVENTION MAY BE APPLICABLE TO LIMIT THE LIABILITY OF THE CARRIER IN RESPECT OF LOSS OF, DAMAGE OR DELAY TO CARGO. CARRIER’S LIMITATION OF LIABILITY IN ACCORDANCE WITH THOSE CONVENTIONS SHALL BE AS SET FORTH IN SUB-PARAGRAPH 4 UNLESS A HIGHER VALUE IS DECLARED.
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AIR WAYBILL - CONDITIONS OF CONTRACT
1. In this contract and the notices appearing hereon:
CARRIER includes the air carrier issuing this air waybill and all the carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.

SDR is a special drawing right as defined by the International Monetary Fund.

WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of the carriage:

The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12th October 1929;

that Convention as amended at The Hague on 28th September 1955; and

that Convention as amended by Montreal Protocol no. 1, 2 or 4 (1975).

MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28th May 1999.

2./2.1 Carriage is subject to the rules relating to the liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions.

2.2 To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:
2.2.1 applicable laws and government regulations; and

2.2.2 provisions contained in the Carrier’s conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of carriage. The Carrier’s conditions of carriage include, but are not limited to:

2.2.2.1 limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable goods;

2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;

2.2.2.3 rights, if any, of the Carrier to change the terms of the contract;

2.2.2.4 rules about Carrier’s right to refuse to carry; and

2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.

3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth in the shipment record or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage performed hereunder by several successive Carriers is regarded as a single operation.

4. For carriage to which the Montreal Convention does not apply Carrier’s liability limitation for cargo lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in Carrier’s tariffs or general conditions of carriage.

5./5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention), government regulations, orders and requirements.

5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.

6./6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit the shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.

6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.

7./7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining the Carrier’s limit of liability shall only be the weight of the package or packages concerned.

7.2 Notwithstanding any other provisions, for “foreign air transportation” as defined by the U.S. Transportation Code:

7.2.1 in the case of loss of, damage or delay to a shipment , the weight to be used in determining the Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and

7.2.2 in the case of loss of, damage or delay to a part of shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same cargo receipt whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

8. Any exclusion or limitation of liability applicable to the Carrier shall apply to Carrier’s agents, employees and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person’s agents, employees and representatives.

9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorised by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.

10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in a good condition and in accordance with the contract of carriage.

10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to the Carrier by the person entitled to delivery. Such a complaint must be made:

10.1.1 in the case of damage to the cargo, immediately after discovery of the damage and within 14 days from the date of receipt of the cargo;

10.1.2 in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery; and

10.1.3 in the case of non-delivery of the cargo within 120 days from the date of receipt of the cargo for transportation by the Carrier.

10.2 Such complaint may be made to the Carrier who issued the cargo receipt, or to the first Carrier or to the last Carrier or to the Carrier which performed the carriage during which the loss, damage, or delay took place.

10.3 Unless a written complaint is made within the time limits specified in 10.1 no action may be brought against Carrier.

10.4 Any rights to damages against the Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

11. Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify carrier for loss or expense due to shipper’s failure to comply with this provision.

12. No agent, employee or representative of the Carrier has authority to alter, modify or waive any provisions of this contract.