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Terms and Conditions for the Transportation of Cargo and Packages

 

  1. PARSA, S.A. (hereinafter referred to as THE AIRLINE) acts solely as a transporter and does not assume any responsibility beyond that which corresponds to it in such capacity for the items delivered for shipment. Consequently, it shall not be liable under any circumstances for the loss or damage of items that are improperly packed or incorrectly addressed, and in general, for any loss or damage caused by the fault of the shipper, or as a result of actions taken by judicial or administrative authorities or by persons acting on their behalf, whether their actions are lawful or unlawful, with or without a court order.
  2. THE AIRLINE shall not be held liable for the loss or deterioration of fragile or perishable items if their packaging does not clearly indicate such condition, and it shall not be responsible for any damage that may result from normal landing procedures.
  3. THE AIRLINE shall not be liable for losses or damages arising from civil or international wars, quarantines, strikes, riots, accidents, or disturbances of any kind, and, in general, for any force majeure or unforeseen circumstances.
  4. THE AIRLINE shall not be liable for damages or deterioration affecting the cargo due to delays or interruptions in transportation, when flights are delayed or canceled due to unfavorable weather conditions, partial flooding of runways caused by heavy rains, or any other cause not attributable to the company.
  5. In the event of loss, damage, or misplacement resulting from proven negligence on the part of THE AIRLINE’s employees or agents, liability shall be limited to the value of the lost, damaged, or misplaced item(s). If the shipper has requested insurance and paid the corresponding additional fee, the shipment will be insured for the declared value (limited to the actual loss incurred) against any risk of loss or deterioration, excluding judicial action, war, or civil disturbances. This insurance is subject to the terms of an open policy, which is available for inspection by the shipper. All claims must be submitted to PARSA, S.A.
  6. The AIRLINE shall not be held liable for the loss of money, precious stones and metals, bearer instruments, jewelry, or items of high intrinsic value when deposited by the sender as ordinary cargo.
  7. If, in the judgment of the AIRLINE, it becomes necessary to retain the items while awaiting dispatch, re-dispatch, transportation, or delivery, the AIRLINE is hereby authorized to store them, at the shipper’s account and risk, in any warehouse or other available location, including those under customs authority. The shipper shall be obligated to indemnify the AIRLINE against all risks and expenses that may arise.
  8. The AIRLINE and the sender designate the city of Panama as the place of performance of this contract, submitting themselves to the jurisdiction of the local courts and tribunals. However, the AIRLINE reserves the right to initiate legal action in the jurisdiction where the sender or consignee resides.
  9. The AIRLINE does not assume any obligation to transport or deliver items within a specified timeframe, on a specific aircraft or vehicle, on a specific route, or to ensure connections at any point according to any published schedule. The AIRLINE is authorized to select and deviate from the shipping route, even if such route is specified in the airway bill. Likewise, the AIRLINE is under no obligation to provide home delivery.
  10. The AIRLINE will dispatch goods tendered for shipment on the first available flight, but without commitment to transport them on a specific aircraft or deliver them on a specified date, as stated in Clause No. 9. Furthermore, since the parcels or merchandise have not been opened, the AIRLINE has no knowledge of their contents and therefore assumes no responsibility for them.
  11. It is strictly prohibited to dispatch by air any type of explosives, liquids, or flammable or corrosive materials, as well as greasy or easily liquefiable substances that may damage other shipments. Persons who, through false declarations, succeed in delivering such items shall be subject to the corresponding liability in the event of damage or accident.
  12. If AIRLINES were to find itself unable to forward the items due to existing or announced events, or in case of physical necessity or any emergency whether because it is dangerous or impractical to make the flight or continue the route it is hereby authorized to store the items consigned in the air waybill at the nearest and most convenient location or any other storage facility, all of this at the account and risk of the shipper, consignee, or owner of said items.
  13. The delivery of the items in the manner described shall constitute a valid and final delivery thereof, and by that very fact, the stipulations and responsibilities specified herein shall be deemed terminated once the necessary notice has been given to the shipper, consignee, or owner regarding the decision made in view of the circumstances mentioned. If it becomes necessary to deliver the items to customs for the payment of the corresponding duties before they reach their destination, the items covered by the Air Waybill shall be consigned at that location to the person designated in the Air Waybill by the shipper as the customs consignee, or if none is designated, to AIRLINES at that point or location, without liability on the part of AIRLINES for that reason. For the purposes of delivering the items to customs covered by the air waybill and complying with governmental requirements related thereto, and solely for these purposes, a duly certified copy of the Air Waybill shall be considered an original
  14. The total charges for transporting the items listed herein, as well as any additional amounts, fees, duties, taxes, expenses, or advances incurred by AIRLINES in connection with the objects covered by the Air Waybill, shall be deemed fully and irrevocably incurred whether or not such objects are lost or damaged, or whether or not they arrive at their destination, and such amounts shall be considered due and payable at any time during the execution of the service stipulated in the Air Waybill.
  15. Any error in the transportation charges, or other charges, or in the description or classification of the articles shall be subject to correction by any of the agents of the AIRLINE. The shipper and/or owner of the articles shall be jointly and severally liable for all additional amounts.
  16. Without this constituting a limitation on the other representations made by the shipper, it is prohibited by any law or government regulation.
  17. The shipper, consignee, and owner shall be jointly and severally liable for any loss, damage, injury, or total accident caused by the articles shipped if, by their nature, they are likely to cause loss, damage, injury, or death, unless this has been fully disclosed by the shipper on the face of the Air Waybill, in which case such articles may be abandoned or destroyed at any time without any notice or proof.
  18. The shipper, consignee, and owner of the goods shall be jointly and severally liable for the payment and reimbursement to the carrier of the charges, advances, and disbursements pending payment to the carrier, as well as for all costs, expenses, outlays, fines, penalties, loss of time, and damages incurred or suffered by the carrier or its agents due to the illegality, inaccuracy, or insufficiency of the marks, numbering, origin, address, or packaging of the packages, or the description of the goods; or due to the effect, delay, or inaccuracy of any export permit or consular, sanitary, or other required certificates and documents; or due to any improper customs appraisal or inaccurate declaration of weight or volume, or any matters which, according to the provisions of the Air Waybill, should have been borne and paid by the shipper, consignee, and/or owner of the goods. The carrier shall therefore have a preferential right of collection over the goods transported for the amount of such sums, and such preferential right shall not in any way be affected, lost, or impaired by acknowledgment or payment, unless such right is clearly affected by the delivery of the goods or by the transfer of possession thereof. Nothing contained in this document shall be construed as creating any obligation or responsibility on the part of the carrier or its agents to remedy or perform any similar acts in connection with the illegality or inaccuracy of the marks, numbering, origin, address, packaging, appraisal, or description of the goods, or any inaccurate declaration of weight or volume.
  19. By the mere act of consigning the shipment to AEROLINEAS, to which this receipt refers, the sender accepts the foregoing conditions.
  20. AIRLINES shall not be liable for any damage or loss suffered by the cargo when such damage or loss is due to the inherent nature or inherent defects of the goods.
  21. AEROLINEAS shall not accept any claim from the sender, consignee, or shipper; in accordance with these conditions, it advises each of them that, by receiving or making use of the Air Waybill, whether they sign it or not, they voluntarily waive any claim.
CARRIER

PARSA, S.A.

SHIPPER

It is the natural or legal person, the sender of the package, who acts on their own behalf, representing the consignee or on behalf of third parties who have an interest in the package.

RECIPIENT

The receiver or consignee of the package, either personally or on behalf of interested third parties.

SERVICE

It includes the receipt, transportation, and delivery of the package that has been consigned by the client, and for which the client is responsible for payment.

AIR WAYBILL

Non-negotiable transport document.