Travel Crates
Animals will only be accepted for travel in IATA approved travel crates. Unless we are supplying this crate, it is the owner’s / shipper’s responsibility to ensure that the crate meets the current IATA requirements (We can supply these on request)
Travel crates must be made of either plastic or wood, have ventilation holes on all four sides, have a metal grill door and a secure locking mechanism.
Travel crates must be passed to the airline with absorbent bedding, comfort bedding, a funnel (to allow the airline staff to keep the water bowls full) and two water trays attached to the inside of the door; these must be deep enough to hold as much water as possible.
When inside the crate your pet must have plenty of room to stand up tall, turn around, sit down and lay down with AT LEAST five to six inches space spare all round. Please visit our website to see how to measure your pet correctly.
The airline has the right to refuse any animal in a travel crate that is not the correct size or that does not adhere to the current IATA regulations or is damaged or unsafe.
Should a new travel crate need to be purchased at the time of check-in, any additional charges must be paid to PBS via cleared funds such as credit/ debit card before the pet can travel.
Please note, if the size of the travel crate changes this will affect the total travel cost and any increase in costs will be charged to the pet owner.
PBS Pet Travel is not responsible for the refusal of travel by the airline due to an unsuitable travel crate and nor can we guarantee that we will be able to organize a new crate for you in time for the flight.
In the event that a pet is refused travel at check-in due to an unsuitable travel crate and it is not possible for a new crate to be purchased in time for the flight, any additional costs incurred are to be paid by the pet owner/shipper.
If the airline refuses a booking due to the travel crate being unsuitable and the booking then needs to be cancelled, the cancellation policy and notice period will still apply and will be based on the original booking date.
Delivery of Travel Kennels
We strongly recommend that your pet is well acclimatized to the travel crate prior to travel, to avoid additional stress on the day of travel.
Please be aware that the airlines are within their rights to refuse travel to any animals which are too stressed to fly. PBS are not responsible for any additional costs incurred due to the airline refusing to board a stressed or unwell pet.
We recommend collecting or having the travel crate delivered AT LEAST two weeks prior to travel. In the case of giant-sized travel crates or larger wooden crates, we understand that this is sometimes not possible.
In cases where it is possible for the travel crate to be delivered prior to travel but it is deemed not necessary by the owner/ shipper, then the following waiver will be required:
‘As the owner/shipper we are aware of the recommendation to have the travel crate delivered at least two weeks prior to travel to allow the pet/pets to acclimatize, but for our own reasons we have refused the need for the container to be received prior to the flight’
This is required in writing by e-mail or post.
Charges
Charges are subject to the final weight, dimensions and volume of travel crate at check-in on the day of travel. The cost could change at this stage and any extra charges/credit will be charged or refunded accordingly.
Should the cost increase from what was originally agreed, additional charges must be paid to PBS via cleared funds such as credit/ debit card before the pet can travel. If the funds are not received before the flight closeout, it will not be possible to board the pet.
Full payment must be paid to PBS prior to the pet’s departing via cleared funds such as credit/debit card or bank transfer.
Customs clearance, local handling charges, veterinary fees/paperwork, import/export permits/certificates, kenneling/quarantine or transport costs from/to airport are not included unless itemized on our quotation.
PBS does not provide insurance, the carrier/airline is not liable for mortality due to natural causes or inherent vice. Insurance for your pet can be arranged separately – please visit our website for further information: www.pbspettravel.co.uk
Any bookings and/or promotional offers secured with us in advance (in excess of one month prior to export), could be subject to increased charges that are beyond our control, I.E. airline fuel surcharges which regularly fluctuate. This will not affect any discounts offered but may change the overall cost.
PBS are not responsible for any changes made by the airline after your pet booking has been confirmed which could result in an increase in cost.
Flights & Bookings
In order to secure a booking, we will require full payment, completed booking form(s) and any relevant health paperwork.
Until we have the above and, any other information requested, we are unable to start the booking process or carry out any work. There is no booking in place between PBS and client until all requested booking forms, documents and payment has been received.
Should there be a delay between the time the booking information is sent and the time the booking information is received, there is a possibility that suggested flights and/ or dates may no longer be available, in which case we will not be able to accommodate the booking.
PBS reserve the right to reject a booking for which the booking information is not received in a timely manner and/ or if we are unable to accommodate for the dates requested/ discussed.
We will require a minimum of 15 working days notice to make a booking and this is counted from the date all booking paperwork and payment is received.
For bookings to Australia and New Zealand, we require a minimum of 30 days notice to make a booking and this is counted from the date all booking paperwork and payment is received.
Flights are subject to availability at time of booking, please be aware that some airlines will not accept pet bookings over weekends or public holidays and that not all passenger flights are suitable for pet travel.
Please note, bookings are not guaranteed until we have official confirmation from the airline one a request has been placed, booking confirmations can take a few days to receive back.
If you are travelling with your pet please check with PBS to see what flights are suitable and available, we recommend waiting until the animal booking has been requested and confirmed before booking your passenger flight.
PBS are not responsible for any changes made by the airline after your pet booking has been confirmed and any costs incurred due to this are to be paid by the pet owner/shipper.
Any alterations made to details on the final booking form once submitted could result in additional fees. PBS are not responsible for any extra costs incurred due to incorrect information being submitted on the booking form.
Any additional costs incurred due to changes to the original booking form are to be paid by the owner/shipper – please read your booking form carefully and thoroughly.
The booking form requests details of person or company collecting or clearing the pet through customs upon arrival at the final destination. This information is provided to the airline at the time of booking and will be printed on all official documentation prior to travel. Any changes must be passed on to PBS and failure to do so could result in pets being unable to travel.
We do not tolerate rude, bullying or abusive behaviour – including foul language in any form and reserve the right to withdraw our services with immediate effect should such situations occur or if staff members feel in any way threatened or abused.
Cancellations
For bookings cancelled less than 30 days prior to travel there will be a cancellation fee of £350.00. If travel documents have already been processed, there will be an additional charge of £100.00.
For any bookings cancelled or changed where the travel documents have already been prepared, there will be an additional charge of £100.00.
For bookings cancelled any time up to 30 days prior to travel, there will be a cancellation fee of £150.00.
For any bookings cancelled where a DEFRA certificate has been applied for, there will be an additional fee of £150.00. For a change of booking date less than 7 workings days prior to travel, there will be an admin charge of £200.00
If a booking is postponed less than 7 workings days prior to travel, there will be an additional charge of £200.00
If a booking is postponed where a DEFRA certificate must be re-applied for, there will be a charge of £150.00
We can hold a booking with an undecided date for up to three months. After this point, the booking will be cancelled automatically and the payment non-refundable if we have not had any contact.
Any bookings or promotional offers secured with us in advance (in excess of one month prior to travel) could be subject to increased charges that are beyond our control, e.g. airline fuel surcharges which regularly fluctuate. This will not affect any discounts offered but may change the overall cost.
Documentation
Please be aware that each destination has specific requirements for entry. PBS can advise you of these requirements; however, it is the owner’s responsibility to check with the exporting/ importing authorities to ensure that all requirements have been met unless otherwise stated in your quotation.
It is the owner’s / shipper’s responsibility to check all vaccinations are current and comply with the importing country’s requirements – regulations will be stated on the initial quotation email.
The pet owner is responsible for ensuring the correct veterinary paperwork and any export certificates are in place prior to the pet’s travel unless otherwise stated on your quotation.
All original health documentation must be passed to the airline at check-in or to our driver upon collection – this is the owner’s / shipper’s responsibility and failure to do so could result in refusal for travel – any additional fees incurred due to this are to be paid by the pet owner/shipper.
If the vet preparation and health documents have been arranged by the owner/shipper, PBS are not responsible for refusal by the airline due to incorrect or missing paperwork and any additional costs incurred will be payable by the owner/shipper.
PBS will require copies of all relevant veterinary/health paperwork prior to departure and it is the owner’s / shipper’s responsibility to organize this.
PBS are not liable for any changes in bookings due to health paperwork not being received as requested.
PBS will apply for DEFRA certification where requested; however, it is the owner’s / shipper’s responsibility to check their nominated vet receives the paperwork. PBS are not responsible for any delays caused due to DEFRA paperwork that has not been received by your vet, been lost in the post, or lost by the vet or if we are not notified with enough time that the paperwork has not been received.
Travel Documents
PBS will complete and courier the necessary travel documents for your pet one week prior to travel. It is the owner’s / shipper’s responsibility to inform PBS if these documents do not arrive in plenty of time to avoid any delays. You will be notified via email of the document delivery date, one week prior to your pet’s travel. If the documents do not arrive and we are not informed in a timely manner, it may not be possible to courier new documents in time. Any additional costs incurred as a result of this are to be paid by the owner/shipper.
It is the owner’s / shipper’s responsibility to ensure that the documents are passed to the airline at check-in or to our driver upon collection unless we have already informed you that our driver will have the documents when they collect.
PBS are not responsible for refusal by the airline or any additional costs incurred, should the full travel documents not be passed across at check-in.
Airline & Check-in
All pets must check-in four hours prior to departure unless otherwise stated.
Once checked in, your animal is in the care of the airline.
Unless PBS are arranging transport to the airport, it is the owner’s / shipper’s responsibility to ensure that the pet is delivered to the airline at the correct time.
PBS are not responsible for refusal by the airline or extra charges incurred due to late check-in.
PBS are not responsible for any airline delays or flight cancellations which may cause your pet to miss the flight. Any additional costs incurred as a result of flight delays or cancellations are to be paid by the shipper/owner unless the airline has agreed to absorb these costs. We are not responsible for flight delays or additional costs incurred due to circumstances that are beyond our control I.E. traffic difficulties or extreme weather conditions, whilst we will do our best to ensure your pet travels as booked, situations can occur which we have no control over.
It is the airlines’ responsibility to notify PBS of any flight changes or cancellations. PBS are not responsible for any additional costs incurred should the airline fail to do so.
PBS are not responsible for any incorrect information passed on to us by the airline.
PBS are a booking agent and will only accept liability whilst a pet is in our direct care. Outside of this, liability will remain with the organization who is in direct care of your pet or in charge of transportation, transiting, handling, checking in, flights and routing – such as the airline. Any complaints regarding third party care will be directed to the relevant organization. PBS cannot arrange compensation on behalf of any third parties involved and nor are we responsible/liable for any issues arising whilst pets are in the care of a third party (Including the airline)
Destination Rules & Regulations
The rules and requirements for pets entering certain countries can sometimes change without prior notice, whilst PBS will endeavour to ensure that our records our kept up to date, we are not responsible for last-minute changes made by destination countries and third parties which could cause delay to your pet/ pets travel and nor will we cover additional fees incurred. Upon arrival in the final destination, your pet/pets will need to be cleared through customs. Customs’ clearance fees or airline handling fees are to be paid by consignee upon collection unless otherwise specified on your quotation.
Customs’ opening/closing times may change without prior notice, PBS are not responsible for any alterations to opening/ closing times which may result in a change to your pets booking or additional costs.
Quotations
All quotations are subject to airline availability at time of booking.
Please note a quotation does not guarantee route or flight availability.
PBS reserve the right to update our quotations should the airline or any other third parties increase their costs.
Our quotations are based on the information received by the pet owner/shipper at the time of initial enquiry. Should this information change between the time of quoting and time of booking, this may result in additional charges.
It is the owner’s / shippers responsibility to provide correct and accurate details, such as pet weights, breeds and measurements.
Complaints
All complaints will be taken seriously and investigated thoroughly.
Complaints must be passed to us formally in writing within 14 days of departure.
Any complaints regarding the care of animals whilst not in the direct care of PBS or in the care of the airline will be passed to the relevant organizations and where appropriate, we will put you in direct contact. Should the outcome of any third party complaints which we have investigated be unsatisfactory to the owner/shipper, it will be the owner’s / shipper’s responsibility to make further contact with the third party directly – where possible, PBS will assist with this however please note, we are not in control of the outcome, response times or complaints procedures. PBS reserve the right to discontinue our involvement with any complaints made relating to the airline or any other third parties.
Reg. Office: Gadd House, Arcadia Avenue, Finchley, London, N3 2JU Company Reg No. 264 8449
British International Freight Association (BIFA) – Standard Trading Conditions 2005A Edition
THE CUSTOMER’S ATTENTION IS DRAWN TO SPECIFIC CLAUSES HEREOF WHICH EXCLUDE OR LIMIT THE COMPANY’S LIABILITY AND THOSE WHICH REQUIRE THE CUSTOMER TO INDEMNIFY THE COMPANY IN CERTAIN CIRCUMSTANCES AND THOSE WHICH LIMIT TIME AND THOSE WHICH DEAL WITH CONDITIONS OF ISSUING EFFECTIVE GOODS INSURANCE BEING CLAUSES 8, 10, 11(A) and 11(B) 12-14 INCLUSIVE, 18-20 INCLUSIVE, AND 24-27 INCLUSIVE
All headings are indicative and do not form part of these conditions
DEFINITIONS AND APPLICATION
1. In these conditions the following words shall have the following meanings:-
2. (A) Subject to sub-paragraph (B) below, all and any activities of the Company in the course of business, whether gratuitous or not, are undertaken subject to these conditions.
(B) If any legislation, to include regulations and directives, is compulsorily applicable to any business undertaken, these conditions shall, as regards such business, be read as subject to such legislation, and nothing in these conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these conditions be repugnant to such legislation to any extent, such part shall as regards such business be overridden to that extent and no further.
3. The Customer warrants that he is either the Owner, or the authorised agent of the Owner and, also, that he is accepting these conditions not only for himself, but also as agent for and on behalf of the Owner.
THE COMPANY
4(A) Subject to clauses 11 and 12 below, the Company shall be entitled to procure any or all of the services as an agent, or, to provide those services as a principal.
(B) The Company reserves to itself full liberty as to the means, route and procedure to be followed in the performance of any service provided in the course of business undertaken subject to these conditions.
5 When the Company contracts as a principal for any services, it shall have full liberty to perform such services itself, or, to subcontract on any terms whatsoever, the whole or any part of such services.
6(A) When the Company acts as an agent on behalf of the Customer, the Company shall be entitled, and the Customer hereby expressly authorises the Company, to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s instructions, and whether such contracts are subject to the trading conditions of the parties with whom such contracts are made, or otherwise. (B) The Company shall, on demand by the Customer, provide evidence of any contract entered into as agent for the Customer. Insofar as the Company may be in default of the obligation to provide such evidence, it shall be deemed to have contracted with the Customer as a principal for the performance of the Customer’s instructions.
7 In all and any dealings with HMRC for and on behalf of the Customer and/or Owner, the Company is deemed to be appointed, and acts as, Direct Representative only.
8(A) Subject to sub-clause
(B) below, the Company: (i) has a general lien on all Goods and documents relating to Goods in its possession, custody or control for all sums due at any time to the Company from the Customer and/or Owner on any account whatsoever, whether relating to Goods belonging to, or services provided by or on behalf of the Company to the Customer or Owner. Storage charges shall continue to accrue on any Goods detained under lien;
(ii) shall be entitled, on at least 28 days notice in writing to the Customer, to sell or dispose of or deal with such Goods or documents as agent for, and at the expense of, the Customer and apply the proceeds in or towards the payment of such sums;
(iii) shall, upon accounting to the Customer for any balance remaining after payment of any sum due to the Company, and for the cost of sale and/or disposal and/or dealing, be discharged of any liability whatsoever in respect of the Goods or documents.
(B) When the Goods are liable to perish or deteriorate, the Company’s right to sell or dispose of or deal with the Goods shall arise immediately upon any sum becoming due to the Company, subject only to the Company taking reasonable steps to bring to the Customer’s attention its intention to sell or dispose of the Goods before doing so.
9 The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by, or paid to, freight forwarders.
10(A) Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the Company shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the Customer.
(B) The Company shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances):-
(i) after at least 28 days notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods) without notice, any Goods which have been held by the Company for 90 days and which cannot be delivered as instructed; and (ii) without prior notice, any Goods which have perished, deteriorated, or altered, or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to the Company, or third parties, or to contravene any applicable laws or regulations.
11
(A) No insurance will be effected except upon express instructions given in writing by the Customer and accepted in writing by the Company, and all insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. Unless otherwise agreed in writing, the Company shall not be under any obligation to effect a separate insurance on the goods, but may declare it on any open or general policy held by the Company. (B) Insofar as the Company agrees to effect insurance, the Company acts solely as agent for the Customer, and the limits of liability under clause 26
(A) (ii) of these conditions shall not apply to the Company’s obligations under clause 11.
12(A) Except under special arrangements previously made in writing by an officer of the Company so authorised, or made pursuant to or under the terms of a printed document signed by the Company, any instructions relating to the delivery or release of the Goods in specified circumstances (such as, but not limited to, against payment or against surrender of a particular document) are accepted by the Company, where the Company has to engage third parties to effect compliance with the instructions, only as agents for the Customer.
(B) Despite the acceptance by the Company of instructions from the Customer to collect freight, duties, charges, dues, or other expenses from the Consignee, or any other Person, on receipt of evidence of proper demand by the Company, and, in the absence of evidence of payment (for whatever reason) by such Consignee, or other Person, the Customer shall remain responsible for such freight, duties, charges, dues, or other expenses. (C) The Company shall not be under any liability in respect of such arrangements as are referred to under sub-clause (A) and (B) hereof save where such arrangements are made in writing, and in any event, the Company’s liability in respect of the performance of, or arranging the performance of, such instructions shall not exceed the limits set out in clause 26(A) (ii) of these conditions. 13 Advice and information, in whatever form it may be given, is provided by the Company for the Customer only. The Customer shall indemnify the Company against all loss and damage suffered as a consequence of passing such advice or information on to any third party. 14 Without prior agreement in writing by an officer of the Company so authorised, the Company will not accept or deal with Goods that require special handling regarding carriage, handling, or security whether owing to their thief attractive nature or otherwise including, but not limited to bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, pets, plants. Should any Customer nevertheless deliver any such goods to the Company, or cause the Company to handle or deal with any such goods, otherwise than under such prior agreement, the Company shall have no liability whatsoever for or in connection with the goods, howsoever arising. 15 Except pursuant to instructions previously received in writing and accepted in writing by the Company, the Company will not accept or deal with Goods of a dangerous or damaging nature, nor with Goods likely to harbour or encourage vermin or other pests, nor with Goods liable to taint or affect other Goods. If such Goods are accepted pursuant to a special arrangement, but, thereafter, and in the opinion of the Company, constitute a risk to other goods, property, life or health, the Company shall, where reasonably practicable, contact the Customer in order to require him to remove or otherwise deal with the goods, but reserves the right, in any event, to do so at the expense of the Customer. 16 Where there is a choice of rates according to the extent or degree of the liability assumed by the Company and/or third parties, no declaration of value will be made and/or treated as having been made except under special arrangements previously made in writing by an officer of the Company so authorised as referred to in clause 26(D).
THE CUSTOMER
17(A) The Customer warrants: (i) that the description and particulars of any Goods or information furnished, or services required, by or on behalf of the Customer are full and accurate, and (ii) that any Transport Unit and/or equipment supplied by the Customer in relation to the performance of any requested service is fit for purpose, and (B) that all Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods. (C) that where the Company receives the Goods from the Customer already stowed in or on a Transport Unit, the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon, and (D) that where the Company provides the Transport Unit, on loading by the Customer, the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon. 18 Without prejudice to any rights under clause 15, where the Customer delivers to the Company, or causes the Company to deal with or handle Goods of a dangerous or damaging nature, or Goods likely to harbour or encourage vermin or other pests, or Goods liable to taint or affect other goods, whether declared to the Company or not, he shall be liable for all loss or damage arising in connection with such Goods, and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the Goods may be dealt with in such manner as the Company, or any other person in whose custody they may be at any relevant time, shall think fit.
19 The Customer undertakes that no claim shall be made against any director, servant, or employee of the Company which imposes, or attempts to impose, upon them any liability in connection with any services which are the subject of these conditions, and, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.
20 The Customer shall save harmless and keep the Company indemnified from and against:- (A) all liability, loss, damage, costs and expenses whatsoever (including, without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the Goods) arising out of the Company acting in accordance with the Customer’s instructions, or arising from any breach by the Customer of any warranty contained in these conditions, or from the negligence of the Customer, and (B) without derogation from sub-clause (A) above, any liability assumed, or incurred by the Company when, by reason of carrying out the Customer’s instructions, the Company has become liable to any other party, and (C) all claims, costs and demands whatsoever and by whomsoever made or preferred, in excess of the liability of the Company under the terms of these conditions, regardless of whether such claims, costs, and/or demands arise from, or in connection with, the breach of contract, negligence or breach of duty of the Company, its servants, sub-contractors or agents, and (D) any claims of a general average nature which may be made on the Company.
21(A) The Customer shall pay to the Company in cash, or as otherwise agreed, all sums when due, immediately and without reduction or deferment on account of any claim, counterclaim or set-off. (B) The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from the Customer.
22 Where liability arises in respect of claims of a general average nature in connection with the Goods, the Customer shall promptly provide security to the Company, or to any other party designated by the Company, in a form acceptable to the Company.
LIABILITY AND LIMITATION
23 The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment.
24 The Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by:- (A) strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence; or (B) any cause or event which the Company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence.
25 Except under special arrangements previously made in writing by an officer of the Company so authorised, the Company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods.
26(A) Subject to clause 2(B) and 11(B) above and sub-clause (D) below, the Company’s liability howsoever arising and, notwithstanding that the cause of loss or damage be unexplained, shall not exceed (i) in the case of claims for loss or damage to Goods: (a) the value of any loss or damage, or (b) a sum at the rate of 2 SDR per kilo of the gross weight of any Goods lost or damaged whichever shall be the lower. (ii) subject to (iii) below, in the case of all other claims: (a) the value of the subject Goods of the relevant transaction between the Company and its Customer, or (b) where the weight can be defined, a sum calculated at the rate of two SDR per kilo of the gross weight of the subject Goods of the said transaction, or (c) 75,000 SDR in respect of any one transaction, whichever shall be the least. (iii) in the case of an error and/or omission, or a series of errors and/or omissions which are repetitions of or represent the continuation of an original error, and/or omission (a) the loss incurred, or (b) 75,000 SDR in the aggregate of any one trading year commencing from the time of the making of the original error, and/or omission, whichever shall be the lower. For the purposes of clause 26(A), the value of the Goods shall be their value when they were, or should have been, shipped. The value of SDR shall be calculated as at the date when the claim is received by the Company in writing. (B) Subject to clause 2(B) above and sub-clause (D) below, the Company’s liability for loss or damage as a result of failure to deliver, or arrange delivery of goods, in a reasonable time, or (where there is a special arrangement under Clause 25) to adhere to agreed departure or arrival dates, shall not in any circumstances whatever exceed a sum equal to twice the amount of the Company’s charges in respect of the relevant contract. (C) Save in respect of such loss or damage as is referred to at sub-clause (B), and subject to clause 2(B) above and Sub-Clause (D) below, the Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market, or the consequences of delay or deviation, however caused. (D) On express instructions in writing declaring the commodity and its value, received from the Customer and accepted by the Company, the Company may accept liability in excess of the limits set out in sub-clauses (A) to (C) above upon the Customer agreeing to pay the Company’s additional charges for accepting such increased liability. Details of the Company’s additional charges will be provided upon request.
27(A) Any claim by the Customer against the Company arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, shall be made in writing and notified to the Company within 14 days of the date upon which the Customer became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where the Customer can show that it was impossible for him to comply with this time limit, and that he has made the claim as soon as it was reasonably possible for him to do so. (B) Notwithstanding the provisions of sub-paragraph (A) above, the Company shall in any event be discharged of all liability whatsoever and howsoever arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, unless suit be brought and written notice thereof given to the Company within nine months from the date of the event or occurrence alleged to give rise to a cause of action against the Company.
JURISDICTION AND LAW
28 These conditions and any act or contract to which they apply shall be governed by English law and any dispute arising out of any act or contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the English courts. “Company” the BIFA member trading under these conditions “Consignee” the Person to whom the goods are consigned “Customer” any Person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services “Direct Representative” the Company acting in the name of and on behalf of the Customer and/or Owner with H.M. Revenue and Customs (“HMRC”) as defined by Council Regulation 2193/92 or as amended “Goods” the cargo to which any business under these conditions relates “Person” natural person(s) or any body or bodies corporate “SDR” are Special Drawing Rights as defined by the International Monetary Fund “Transport Unit” packing case, pallets, container, trailer, tanker, or any other device used whatsoever for and in connection with the carriage of Goods by land, sea or air “Owner” the Owner of the Goods or Transport Unit and any other Person who is or may become interested in them