Terms and Conditions of Carriage effective 01 April 2025
1. Services
• Wings on Board BV (hereafter “Contractor”) provides On Board Courier Services and other related services, including but not limited to special tailor-made service solutions (hereafter “Services”) on behalf of its Customers (hereafter “Customer”) on which these Terms & Conditions of Carriage (hereafter “T&CC”) apply. And the Customer desires to receive the said Services for its Shipments from the Contractor. Subject to the T&CC, the Contractor agrees to provide and Customer agrees to pay for the Services for each Shipment as agreed and specified in the Confirmed Order. When the Customer requires a Service to be arranged, the Customer will contact the Contractor by email or any other media through which the Contractor communicates with the Customer in writing for obtaining the options of the intended Services for the Shipment and the respective quotations. Upon such request from the Customer, the Contractor will use reasonable endeavors to provide a quotation for such Service along with any terms and conditions applicable to the Shipment. Once the final quotation is acceptable to the Customer, the Customer will send its confirmation in writing by accepting the quotation that incorporates the T&CC via email or by other communication means as the case maybe (hereafter “Confirmed Order”). The Contractor shall not be obliged to procure or the Customer shall not be obliged to receive any of the Services until the Order is confirmed in writing.
• The Contractor shall organize transport of shipments pursuant to the provisions of Section 5.
• The Contractor reserves the right to select the courier and the air carrier or other modes of transport.
• Standard place of departure from origin and arrival at destination for receiving and handing over of goods, will be an airport or railway station
• Upon request and subject to supplementary charges, the Contractor shall undertake to pick up and deliver the consignment from and/or to a location other than the place of departure or destination, as well as render other possible services, at the expense of the Customer.
• The Customer may opt for shipment partially by air, rail and/or road transport, subject to Contractor’s acceptance of such terms upon order placement. The most restrictive conditions applicable to a particular shipment method pursuant to Section 5, shall govern the entire shipment when various forms of transportation are combined. The Contractor shall have the option to select the mode of transportation on unrestricted segments of the route.
• The Contractor will select and quote the fastest and/or most economic transport option for delivery at the destination.
• The Customer shall verify the identities of all persons (customer, sender, and consignee) involved with the shipment, pursuant to Council Regulation (EC) Nos. 881/2002 and 2580/2001 in its currently applicable version or pursuant to the relevant successor provision.
2. Scope of T&CC
• The T&CC govern all the Contractor’s activities and services, irrespective of whether the services are rendered directly or via a third party.
• Any deviations to these T&CC or contradictory Customer terms shall be binding upon the Contractor only if accepted by Contractor’s Managing Director in writing.
• These T&CC supersede all prior versions for services rendered by the Contractor.
• The Contractor shall make these T&CC digitally available at the website wings-onboard.com, on quotations, invoices, in email signatures and other relevant documentation or communication means. The digital version applicable at the time of conclusion of the order or agreement will apply.
• The T&CC also apply in case of conclusion of a framework agreement as a continuing obligation. In the event of conflict between the provisions of the T&CC and the framework agreement, the latter shall take precedence.
3. Definitions
• ‘Consignment’ and ’Shipment’ means goods, documents or merchandise, provided by the Customer and listed on the shipment Confirmation Order, regardless of the mode of transportation involved.
• ‘On Board Courier Service’ is a premium service offered by the Contractor whereby the consignment is transported as accompanied luggage by a courier on board commercial passenger aircrafts, international trains or by other means of passenger transport.
• ‘Courier’ means independent contractor couriers or the Company’s existing employees to act as a courier, assigned by the Contractor, who will be responsible to hand-carry the consignment as cabin luggage or as checked-baggage as a passenger on board scheduled airlines, trains or other transportation and takes care of pick-up and delivery (if applicable) as far as the circumstances and applicable legislation allow to do so.
• ‘Request’ means a written request (email, webform or otherwise) from Customer to Contractor with relevant shipment details necessary for Contractor to prepare a Quotation for the specific shipment.
• ‘Quotation confirmation’ means written confirmation from the Customer accepting the quotation and conditions.
• “Shipment” means transporting the goods by OBC arranged by the Contractor as per confirmed Quotation
• “Dangerous goods” means materials/goods classified as goods dangerous for carriage pursuant to the UN, IATA DGR, ICAO regulations or other national or international regulations for dangerous goods, or goods which due to their nature, their properties or their conditions., pose a risk to the public safety or the public order.
4. Governing law
This contract and any legal relationship between Contractor and its Customer shall be governed by the law of the Netherlands to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the standards of Private International Law referring to it.
If the destination or transit point for a shipment is in a country other than the country of departure of the shipment, the liability for international carriage of goods by aircraft shall be regulated by the provisions of the Warsaw Convention of October 12, 1929, as amended, or the Montreal Convention of May 28, 1999. Furthermore, international transportation by rail shall be governed by the Uniform Rules Concerning the Contract for International Carriage of Goods by Rail (“CIM”) of May 9, 1980, and international transportation by road shall be governed by the Convention on the Contract for the International Carriage of Goods by Road (“CMR”) signed in Geneva on May 19, 1956.
In most instances, these international conventions limit the liability of the forwarder/carrier for loss, destruction, damage, or delays to the goods transported.
The above-referenced regulations shall be supplemented by the current IATA Dangerous Goods Regulations, the ICAO Technical Instructions, and/or the national regulations of the shipment’s country of departure, transit, or destination, as applicable.
5. Goods accepted for shipment
The Contractor shall only accept and take over for transport the goods for shipment as being in accordance with the Confirmed Order, unless otherwise stipulated:
The Contractor reserves the right to not accept any particular items in a consignment, which are banned under the IATA and ICAO regulations (available upon request from the Contractor), or for any other legal or safety reasons. Consignments cooled with dry ice, diagnostic specimens or biological substances are only accepted upon separate agreement and require the booking of a suitable service offered by the Contractor.
The Contractor is entitled to exclude certain items from transport if their transportation violate the law (especially embargo or export control regulations), The transportation, import and export shall not violate any law or provision of a country, from which, to which or through which the transportation takes place. The necessary approvals by public authorities for the entry, exit or transit must be issued before the beginning of transportation and must be submitted to the Contractor. The same applies for official notifications by authorities. The Customer bears the sole responsibility for the compliance with all regulations set out in this Section.
The Customer ensures that the goods are packaged in a suitable manner and accompanied by the required shipping documents. The goods must not endanger the transportation vehicle, the safety of the transport, persons or objects or cause annoyance to passengers.
The Contractor reserves the right to stop or reject the consignment, if an identity check pursuant to Council Regulations (EC) Nos. 881/2002 and/or 2580/2001 in its currently applicable version or pursuant to the relevant successor provision finds that the person(s) involved are on a list of targeted persons or have names similar to listed individuals, whereupon the Customer shall bear any incident costs incurred.
The Customer is contractually obliged to comply with the provisions set out in this Section and to refrain from handing over goods to be carried, which are not in compliance with these aforementioned provisions. The Customer is liable to the Contractor for all breaches of these obligations, in particular for damages, delays and penalties which arise from such breaches. He indemnifies and holds the Contractor harmless from any and all claims of third parties, including necessary costs for legal defense.
6. Charges / Invoicing
Charges for the shipment shall be based on the Contractor’s quotation upon placing the order and additional costs arisen prior to or after commencing the shipment.
The terms of payment are net fifteen (15) days as of the invoice date, unless otherwise stipulated.
The Customer and/or consignee are not entitled to set off any dept with a claim from the Contractor and is neither entitled to suspend any payment obligation.
Objections or complaints must be made in text form within seven (7) days of receipt of the invoice. After this period has expired, the invoice shall be deemed to have been accepted by the Client as factually and arithmetically correct. The Contractor undertakes to draw the Customer’s attention to the intended significance of its conduct at the beginning of said period.
The Contractor reserves the right to invoice the Customer for all charges including import taxes and duties, regardless of whether it stipulated to bill the consignee.
The Contractor reserves the right to charge a reasonable supplementary fee incident to delays that arise on the part of the customer, based on contractual transportation fees. The Contractor shall also invoice the Customer for extra expenses incident to events beyond the control of the Contractor, including but not limited to delays caused by the weather, acts of war, strikes and all sovereign measures such as customs, security checks, airport closures, etc.
Cancellation of the Order after confirmation, the Contractor reserves the right of the following compensation fee:
In case customer cancels prior to pick-up of the consignment, 75% of the Confirmed Order
In case customer cancels after pick-up of the consignment 100% of the Confirmed Order
7. Pickup / Delivery / Not deliverable
The shipment shall be handed over to the designated courier at airport or train station of departure and arrival
The Contractor can also arrange to pick up and deliver the shipment from/to any other location provided by the Customer in writing upon placement of the order at additional charges.
The Customer shall receive a written proof of delivery (POD), unless otherwise stipulated explicitly.
The Customer shall promptly inform the Contractor on how to proceed in case the shipment is not deliverable. Otherwise, the Contractor has the right to decide thereon, taking in account the interests of the Customer.
The Customer shall bear the costs of return shipment including any applicable customs fines, for example if the consignment is not deliverable.
The Contractor reserves the right to refuse to accept a shipment, or to hold, postpone, or return it, if it believes that the consignment may damage other shipments, property, or persons, or that it violates the law.
The Contractor shall organize shipment with the next available means of transport at a reasonable cost, in the event the originally scheduled flight or train cannot be taken or reached for any reason whatsoever. The Customer shall bear the additional costs connected herewith.
8. Interruption of service
In the event of force majeure, the Contractor will take all steps that are reasonably practicable in the circumstances to commence the carriage, without being liable for damages in this respect. Force majeure on the side of the Contractor in any case includes, regardless whether these circumstances are or were foreseeable at the time of the conclusion of the contract: disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities (including, without limitation, customs) and labor disputes or obligations affecting Contractor or some other party. This list shall not be considered to be exhaustive.
9. Consignments in Transit
The Contractor may – without any liability – cancel, terminate, change, reschedule or postpose any transport or continue a transport without or only with part of the goods if due to any event beyond his control the Contractor is not capable to perform the promised service. These events include, but are not limited to; weather conditions, acts of God, force majeure, strikes, riots, political disturbances, embargoes, wars, hostilities, civil commotions, unstable international conditions, terrorism or governmental warnings against terrorism or war. In this respect it is irrelevant whether the events has in fact occurred or is only threatened or announced or whether this directly or indirectly results in a delay, claim, requirement, incident or predicament.
If the Contractor deems it necessary to hold any consignment or part(s) of it at any place during or after transportation for preventing damage or danger the Contractor may store the consignment or part(s) of it at the expense, risk and cost of the Customer at a storehouse or any other available place or with the customs authorities; the Contractor may also hand over the consignment to any other carrier for further transport to the consignee. Consignor and consignee are jointly and severally liable towards the Contractor for any expenses or risks arising from the foregoing and have to reimburse the Contractor accordingly.
The Contractor reserves the right to inspect the shipment, if deemed necessary to protect its interests for reasons that include but are not limited to:
Address verification
Customs procedures
Securing of damaged contents
Precluding a potential risk from shipment of dangerous goods (dry ice, biological substances, etc.)
Suspicion that the contents may contravene these T&CC according to Section 5.
As part of the inspection, the consignments can also be x-rayed. This may result in damage to radiation-sensitive goods even if carried out properly. In this case, the Contractor shall only be liable in accordance with Section 14.
10. International shipments / Customs
The Customer shall observe all national and international laws relevant for the consignment, including but not limited to requirements for packaging, documentation, and transportation. Furthermore, the Customer shall comply with regulations on transportation of dangerous goods in the country of departure, transit, and destination and with foreign trade regulations when preparing the consignment. The contractual partner shall be invoiced, for any custom fines, warehouse charges and other charges imposed by custom officials or expenses incurred by the Contractor, together with possible customs duties and taxes, if those are due to the Costumer, shipper or consignee not submitting complete export documentation, licenses or permits.
The Customer shall submit all necessary information and documentation if it requires the Contractor to handle customs clearance. In case of non-payment of import taxes or other custom duties by the consignee, the Customer shall bear these costs to the full amount.
If the Customer does not require the Contractor to clear customs, it shall arrange for payment of any applicable export and import duties and customs clearance fees before delivering the goods to the Contractor.
The Contractor is entitled to commission its own customs clearance broker(s) if it assumes responsibility for this task for the account of the Customer pursuant to an explicit supplementary order from the Customer.
11. Dangerous goods / Packaging / Labeling
The Contractor is entitled to refuse the transport of dangerous goods without stating any reasons.
In the event local regulations, airports, airlines, or other modes of transportation restrict the movement of dangerous goods or impose embargoes at certain departure or destination points, these locations cannot be selected as transportation destinations.
The Customer shall ensure that dangerous goods are packed safely and appropriately, and shall be liable for any damage resulting from improper packaging. All dangerous goods shall comply with the IATA Dangerous Goods Regulations and relevant ICAO Technical Instructions and provisions with respect to their classification, type of packaging, marking, and labeling.
Diagnostic samples such as blood, urine, etc. must be packed and labeled pursuant to IATA DGR Packing Instructions 602. The package must accordingly contain leakproof primary and secondary containers each with approved firm packaging materials.
Each consignment shall be marked legibly and durably with the name, street address, city, country, and postal code of the shipper and consignee. The outside of the container shall bear the proper shipping name(s), the general type and nature of goods and the technical names, as well as UN ID#s of the contents. In addition, a contact person that can provide details of the contents during the period of transportation shall be clearly indicated on the package, including name and telephone number. A shipper’s document, which clearly identifies and describes the contents, shall be placed inside the packaging of each dangerous goods shipment.
The Customer shall ensure that dry ice consignments contain an adequate quantity of dry ice to keep the contents cool for a period of at least 48 hours, in the event of unforeseen difficulties or if the Customer alters the arrangements, etc. The Contractor shall not be required to refill the container with dry ice during transportation.
The Contractor reserves the right to refuse the transport of a dangerous goods consignment that leaks, releases odors, has damaged packaging, or is otherwise damaged. The Customer shall bear all costs for countermeasures, such as return shipment to the Customer, destruction of the consignment, measures taken to prevent accidents, etc.
Acceptance of a consignment of dangerous goods by the Contractor shall not automatically imply acceptance by the intended air carrier.
In the event of legislative changes, the Contractor reserves the right to modify Section 11 accordingly.
12. Responsibilities of Customer
Notwithstanding other provisions herein, the Customer shall ensure:
That the selected mode of transportation is appropriate for the shipment;
That the packaging is safe for the product and mode of transportation;
That the shipment is adequately marked and labeled;
That all documents, such as customs papers, are present and contain correct and complete details, in particular on the pickup and destination addresses;
That the Contractor is notified of any safety concerns;
Availability of all the information necessary for consignee to accept the shipment;
That import and export customs clearances are handled;
That the Contractor is notified promptly of any potential transportation hindrances, which become known to the Customer;
That proper approvals are obtained, as defined by national or international foreign trade regulations (e.g. dual use regulations), and
Compliance with all other guidelines and regulations on national or international foreign trade, if applicable.
The Customer shall be liable for any damages that arise from disregard of the above responsibilities, regardless of whether or not the Customer is at fault.
13. Insurance
• The Client is responsible for having the Shipment fully insured. The Contractor is not obliged to insure the Customer or the Shipment and is not responsible in arranging any cargo insurance for Shipments. In the event the Customer request any insurance to be arranged by the Contractor for the Shipment, such arrangement shall be at the Contractor’s sole and absolute discretion and will be subject to additional costs according to the coverage and limitations/exclusions required by the Customer..
14. Liability of Contractor
• The Contractor’s liability for losses and/or damage to the goods or delay in delivery of the goods shall be limited to the maximum amounts stipulated by the Warsaw Convention, Montreal Convention, CIM, or CMR respectively. The applicable Convention governs and limits the liability of the Company, the Courier and the chosen air carrier with respect to loss, damage, destruction or delay to cargo and for death to or injury of passengers in international carriage. The limitations of liability set forth by the Convention shall also apply to ancillary transports to and from the airport of departure or arrival utilized by the Courier in carrying the Shipment. In the event that a certain transport service is not subject to the provisions of the Conventions, the parties agree that the Montreal Convention will apply.
• Contractor shall never be liable for any consequential damage and/or loss of profit and/or immaterial damage. Damage shall also be understood to include damage to third parties which Contractor or Customer are obliged
to compensate; damage shall also be understood to include damage caused by death or personal injury and any form of financial loss.
• Notwithstanding any other provisions, the Contractor shall not be liable to the Customer if and to the extent that the destruction, or loss of, or damage to, the Shipment resulted from one or more of the following:
o Loss or damage as a result of delay in, or failure of, delivery of any Shipment, provided that such delay was due to circumstances beyond the Contractor’s, Courier’s or carrier’s control (including, without limitation, due to acts of any Relevant Authority);
o Any loss of, damage to, delay in delivery or failure to make delivery of the Shipment to the Receiver or the delivery address or any failure in performance of its obligations to the extent such are caused, hindered or prevented by reason of a Force Majeure;
o Any loss or damage resulting from any inherent defect, quality or device of the Shipment, the intrinsic nature of defect in the commodity that constitutes the Shipment, or any improper packaging, sealing or preparation of the Shipment for carriage.
15. Liability of Customer and Indemnification
The Customer shall indemnify and defend the Contractor and/or the Courier and/or the air carrier and/or any other person acting on behalf of the Contractor in performance of the Consignment and their Representatives (“Indemnified Parties”) and shall hold any and all Indemnified Parties harmless from and against any Losses and Liabilities arising out of or relating in any way, directly or indirectly, in whole or in part, to the Customer’s failure to comply with any applicable laws or regulations or for breach of any of its obligations.. Such obligation to indemnity, defend and hold harmless shall extend to any director, officer, employee or agent of the Contractor.
When employees and/or subcontractors of the Contractor are held liable on account of the carriage of the goods, these persons may invoke each liability limitation and/or exoneration which the Contractor can invoke pursuant to these conditions or any other legal or contractual provision.
16. Damage claims
The shipment shall be deemed delivered in proper condition and per the terms of the order if accepted unconditionally by the consignee, until proven otherwise.
Each damage claim shall adequately describe and estimate the damage caused.
17. Compliance
• Wings on Board provides shipping services in over 100 countries and territories. In doing so, Wings on Board is committed to complying with export controls and sanctions laws and regulations of the United States, Netherlands, France, UK and other jurisdictions in which we operate (collectively, “Export Controls Laws”).
• These laws restrict the use, transfer, and access to certain goods, information, and technology for reasons of national security, foreign policy, or trade protection.
18. Place of jurisdiction
• The Court of Haarlem shall have exclusive jurisdiction in respect of any disputes that arise from or in connection with these T&CC.
19. Severability
• If any part of these T&CC is declared or becomes void, or unenforceable, or if a loophole exists, the remaining provisions shall continue in full force and effect, whereupon the offending part shall be replaced, or the loophole closed, with an enforceable provision that best reflects the original intent.
20. Claim procedure- and prescription
• All claims against Contractor must be notified in writing as soon as reasonably practicable and in any event within 7 days of receipt in the case of damage delay or loss of the goods (including partial loss of a shipment). In addition, all claims against Contractor in connection with any shipment shall be prescribed and barred by expiration of time, unless legal proceedings are brought and written notice of them is given to Contractor within nine months after delivery of the goods concerned or, in case of non-delivery, within nine months from the scheduled date for delivery. This term shall not affect any rights the Customer may have under Convention Rules or other mandatory national laws.
Contact Parellaan 14 2132WS Hoofddorp The Netherlands Tel: +31 (0) 235 543 408 sales@wings-onboard.com