FAQ and
Conditions

National Airlines is pleased you chose to fly with us. Your safety and comfort are our highest priority. We also want to be sure you know the terms and conditions that apply when National transports you and your baggage. These Conditions of Carriage set forth those terms for all domestic and international flights. Foreign air travel may also be governed by National’s tariffs on file with the Department of Transportation or other applicable government authorities, as well as international Conventions as further explained in section Chapter 12. Your purchase of a ticket and travel on our aircraft constitutes acceptance of the terms contained in this Contract of Carriage or applicable tariff. To the extent there is a conflict between the Contract of Carriage and your itinerary or ticket, the Contract of Carriage governs.

National Airlines’ Contract of Carriage is subject to change at any time and without notice, except as required by law. The Contract of Carriage in effect at the time a ticket is purchased applies to all aspects of the trip, except that National Airlines reserves the right to apply the Contract of Carriage currently in effect on the date of your travel where reasonably necessary where the change in rule does not have a material negative impact on you. The Contract of Carriage as posted at www.nationalairlines.com) will be the most recent version.

No employee or agent of National Airlines has the authority to waive, modify or alter any provision of this Contract of Carriage or any applicable fares or fees unless authorized in writing by a corporate officer of National Airlines. National Airlines’ appointed agents and representatives are only authorized to sell tickets for air transportation on National Airlines pursuant to the Contract of Carriage at fares and fees set by National Airlines.

Passengers who are transported aboard a National Airlines flight pursuant to a public charter operated under Part 380 of the Department of Transportation’s rules (14 CFR Part 380) shall be subject to the provisions of such rules (in addition to any other applicable laws or regulations) and to the Operator-Participant Agreement with the public charter operator for that charter flight. Provisions in the Operator-Participant Agreement governing the rights of the passenger and claims filed by passengers shall control in the event that there is any inconsistency between them and the provisions of this Contract.

• Carry-On Baggage
  Any property of a Passenger permitted for transportation in the cabin of the aircraft with the Passenger and which is not checked into the custody of National Airlines.
• Checked Baggage
  Any property of a Passenger which is accepted for transportation and delivered into the custody of National Airlines.
• Department of Transportation
  The United States Department of Transportation, which may also be referred to as “the DOT.”
• Direct Threat
  A significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services.
• Domestic Trip
  “Domestic” trip or travel or flight or carriage means the entire air transportation – the place of departure, the place of destination, and any stopovers – is between points within the United States.
• Force Majeure Event
  Any condition beyond the control of National Airlines. By way of example:
  • Meteorological conditions, acts of God, riots, civil commotion, acts of terrorism, embargoes, wars, hostilities, disturbances, or unsettled international conditions that are actual, threatened or reported;
  • Any strike, work stoppage, slowdown, lockout, or any other labor related dispute involving or affecting National Airlines;
  • Any government regulation, demand or requirement; or
  • Any fact not reasonably foreseen, anticipated, or predicted by National Airlines.
• Hazardous Materials
  Materials deemed by the DOT as dangerous for flight. See the Materials Transportation Bureau of the Department of Transportation in Title 49 of the Code of Federal Regulations, Parts 171 through 180 (49 CFR 171-180).
• Individual with a Disability
  Any individual who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.
• Infant
  A person who has not reached his/her second birthday as of the date of commencement of travel.
• International Trip
  “International” trip or travel or flight or carriage means any carriage between U.S. and foreign points. However, when the Montreal or Warsaw Convention is applicable, the definitions of “International” stated therein prevail.
• Montreal Convention
  The Convention for the Unification of Certain Rules for International Carriage of Air, signed at Montreal, Canada on May 28, 1999.
• National Airlines
  The air carrier providing carriage to persons and/or baggage under this Contract of Carriage. National Airlines may also be referred in this Contract as “National” or “the Carrier.”
• Origin Airport
  The initial starting point of the journey. Also referred to as Origin City.
• Passenger
  Any person, except members of the crew, carried or holding a confirmed reservation for carriage on a National aircraft for a designated flight.
• Special Drawing Rights
  A unit of currency established by the International Monetary Fund based on a number of major world currencies. Its value fluctuates. It may also be referred to as “SDR” in this Contract.
• Ticket
  The customer ticket and baggage check or, in the case of electronic tickets, the confirmation letter, associated notices, and boarding pass into which this Contract of Carriage is incorporated by reference
• Warsaw Convention
  The Warsaw Convention is fully titled The Convention for the Unification of Certain Rules Relating to International Carriage by Air. It was signed at Warsaw on October 1, 1929, and was amended at The Hague on September 28, 1955.

SECTION 3-01 CONFIRMED RESERVATIONS/TICKETS

All reservations on National Airlines are confirmed and ticketed electronically, and are for a specific flight, date, and named passenger.

A reservation will not be considered a Confirmed Reservation until National has received payment in full.

A reservation will not be considered a Confirmed Reservation if purchase is completed less than sixty minutes prior to the scheduled departure.

CONSEQUENTIAL DAMAGES: PURCHASE OF A TICKET DOES NOT GUARANTEE TRANSPORTATION. NATIONAL AIRLINES SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PERFORMANCE OF, DELAY IN PERFORMANCE OF, OR FAILURE TO PERFORM TRANSPORTATION OF CUSTOMERS AND OTHERS SERVICES INCIDENTAL THERETO (EXCEPT BAGGAGE LIABILITY AS OUTLINED IN Section 8-09 AND Chapter 12) WHETHER OR NOT NATIONAL AIRLINES HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

SECTION 3-02 “HOLDING” RESERVATIONS

National Airlines utilizes an “instant purchase” system for its reservations and ticketing. This means that a customer must pay for the ticket at the time he/she makes the reservation. National does not “hold” reservations while a customer considers whether to pay and lock in the ticket. However, as required by DOT rules, National will allow a reservation to be cancelled without penalty within twenty-four hours of booking provided the cancellation occurs at least seven days prior to scheduled departure.

Except as otherwise noted in specific fare rules, transportation is subject to the rules in effect on the date of purchase.

SECTION 3-03 PROHIBITED PRACTICES IN RESERVING/TICKETING

National Airlines prohibits the following practices:

• “Back-to-Back Ticketing” – the combination of two or more round-trip excursion fares for the purpose of circumventing minimum stay requirements.
• “Throw Away Ticketing” – the use of round-trip excursion fares for one-way travel.
• The failure to comply with applicable stay-over requirements, the failure to meet the purpose or status requirement associated with the Ticket’s fare category, or the purchase or use of a Ticket that National determines circumvents the applicable fare rules.
• Multiple reservations departing from the same city on the same date, or any other reservations that National believes, in its discretion, were made without intent to travel.

National reserves the right to treat as invalid, and thus to cancel without refund, any ticket obtained through the use of a Prohibited Practice or in circumvention of any law or provision of this Contract.

SECTION 3-04 TRANSFERABILITY OF TICKETS

Tickets, and any travel voucher issued for unused Tickets, are nontransferable unless specified explicitly on the Ticket. National is not liable to the owner of a nontransferable ticket for honoring such ticket when presented by another person.

If a Ticket is used by an authorized person other than the person to whom it was issued, National shall not be liable for the loss, destruction, damage, or delay of such unauthorized person’s Baggage or other personal property or the death or injury of such unauthorized person arising from or in connection with such unauthorized use.

SECTION 3-05 CANCELLATION BY NATIONAL OF CONFIRMED RESERVATIONS

National Airlines, in its sole discretion, may cancel a Confirmed Reservation in the following circumstances:

• When necessary to comply with government regulations, a request for emergency transportation in connection with the national defense, when necessary or advisable because of weather or other Force Majeure Event.
• When the reservation was acquired in violation of an applicable law or National’s rules and regulations, including the Prohibited Practices set forth in Section 3-03 above.
• On domestic flights, when a Passenger fails to check in at least forty-five minutes before scheduled departure or fails to be at the boarding gate ready to board at least 20 minutes prior to scheduled departure, or earlier for either deadline if specified on the itinerary.
• On international flights, when a Passenger fails to check in at least sixty minutes before scheduled departure or fails to be at the gate ready to board at least thirty minutes before scheduled departure, or earlier for either deadline if specified on the itinerary.
• When a Passenger holds a round-trip ticket and fails to take the outbound leg without rescheduling the outbound leg.

When National refuses to transport a Passenger for any of the reasons listed in Section 10-02

SECTION 4-01 LOWEST FARES

National Airlines will offer customers the lowest fare for which they are eligible for the date, the flight and the class of service requested at the time of booking through our website or reservations center. Not all fares are available for all flights. Fares are subject to change without notice and are not guaranteed until a ticket is purchased. For certain discounted fares, seating may be limited and restrictions may apply.

SECTION 4-02 FARES ARE INCLUSIVE

National Airlines’ fares include government taxes and fees; airport-imposed per-customer charges or fees, including airport-specific passenger facility charges; federal excise taxes on each flight segment (takeoffs and landings); U.S. security fees including the September 11th Security Fee; U.S. departure, agricultural, immigration, customs, and security charges on international flights; foreign airport arrival and departure charges; and other international charges and fees at international destinations. These are disclosed more fully in National’s advertising and on its website.

SECTION 4-03 REFUNDABLE FARES

Cancellations: Reservations for refundable fares may be cancelled up to 24 hours before scheduled departure, in which case the Passenger will receive a full refund minus any applicable ticketing fee, or at the Passenger’s request a travel voucher in the same amount. The travel voucher will expire one year after the date the original ticket was purchased, with all fees, taxes and charges forfeited.

Changes: A refundable fare ticket may be changed at any time up to twenty-four hours prior to the scheduled departure. The new scheduled flight must be within one year of the scheduled departure from the origination city on the original ticket. Increases in the fare resulting from a change are due at the time the change is made. If the change results in a decrease in fare, the Passenger may request a travel voucher or a refund for the difference equal to the difference in the fares minus any applicable ticketing fees. The vouchers and any reissued tickets will expire one year from the date of the scheduled departure from the origination city on the original ticket.

Refunds: Passenger requests for refunds should be submitted to reservations@nationalairlines.com. Refund notifications will be sent to the applicable credit card company within seven days of receipt of proper documentation.

SECTION 4-04 NONREFUNDABLE FARES

Cancellations: Tickets may be cancelled and subject to refund within twenty-four hours of making the reservation so long as the cancellation is more than seven days prior to the scheduled departure from the origination city. There will be no refunds for cancellations at any other time, including for no shows (which includes arriving after the deadline to be at the boarding gate with required documentation, and for international flights also checking in for the flight after the deadline, as established on the itinerary).

Changes: Nonrefundable tickets may be changed without a change fee within twenty-four hours of the original purchase. The fee for changing a nonrefundable ticket is $125 plus any additional fare resulting from the changes along with associated fees and taxes. The new scheduled flight must be within one year of the scheduled departure from the origination city on the original ticket.

SECTION 4-05 COMBINED FARES

Where one leg of a fare is ticketed as refundable and another leg as nonrefundable, the applicable cancellation and policies for refundable fares will apply only to the refundable portion and the applicable cancellation and change policies for nonrefundable fares will apply to the nonrefundable fares.

SECTION 4-06 EXTENSIONS OF TIME LIMITS

Periods for tickets as set forth in Section 4-03 and Section 4-04 above may be extended if:

• The Passenger is prevented from using a rebooked ticket during the time period allowed for a new scheduled flight in Section 4-03 and Section 4-04 due to National’s flight cancellation or because National substituted aircraft such that fewer seats were available and the Passenger was denied boarding as a result. In such case, National will extend the time period until the next flight on National for the applicable route on which space is available in the class of service for with the fare has been paid.
• The Passenger is unable to commence or continue travel during the validity period due to the Passenger’s serious illness, or the death or serious illness of an immediate family member or the Passenger’s traveling companion on the trip. In such case, National will allow the Passenger to change the reservation without assessing a change fee for an appropriate period of time as determined by National. National may require documentary proof to verify the need for the change.

SECTION 5-01 GENERAL AND INTERNATIONAL TRAVEL REQUIREMENTS

National welcomes children of all ages (over seven days old) on our flights. National may require proof of age by a birth certificate or passport (or other official document) for Passengers under 18 years old. For children travelling internationally, parents or guardians must verify international documentation requirements for the relevant countries. Canada does not allow children to travel on their parent’s passport.

Travelers from Canada under 18 years old traveling internationally without both parents or legal guardian traveling with them will require completion and notarization of a Parental Consent Form by parents/guardian not flying with the child. http://travel.gc.ca/travelling/children/consent-letter. Baggage limits are not increased because a Passenger has a lap Infant.

SECTION 5-02 OUR YOUNGEST GUESTS, 7 DAYS TO 2 YEARS (INFANTS)

National welcomes Infants as young as seven days old but requires a medical release and a birth certificate at the time of boarding for little travelers under the age of 14 days.

Children under two years old are not required to have their own seat for travel within the U.S., including Puerto Rico, or to/from the U.S. and Canada. Customers must inform National at the time of booking that they are traveling with an infant on their lap, and must have a birth certificate available at the time of boarding. Other documents may also be required before boarding. Lap children can only be held by a Passenger at least 18 years of age or by its parent regardless of age. Only one lap child is allowed per adult. If a Passenger is traveling with more than one child under two years of age, a seat must be purchased for each additional Infant. Passengers may choose to purchase a seat for even a single Infant. If a separate reservation has been made for an Infant and the Infant has his/her own seat, the child must be securely placed in an FAA-approved child restraint system. For details on FAA-approved child restraint systems, please visit www.faa.gov/passengers/fly_children.

No fare will be charged for Infants held in an adult’s lap. However, National may collect APHIS (Department of Agriculture) and USCIS (Citizenship and Immigration) taxes at the airport for the lap infant.

SECTION 5-03 CHILDREN TWO THROUGH FIVE YEARS OLD

Children age two or older must have their own reserved seat. Children between two years old and five years old (just short of their sixth birthday) must be accompanied on the flight in the same class of service by a Passenger at least eighteen years old or by its parent regardless of age. A birth certificate or other document proving the child’s age at the time of boarding is required. Other documents may also be required. Child restraint systems are recommended for the two through five year old, but are not required. If used, the model must be one approved by the FAA.

SECTION 5-04 CHILDREN SIX THROUGH ELEVEN YEARS OLD AS UNACCOMPANIED MINORS

Children six to eleven years old (one day short of their twelfth birthday) may travel on non-stop flights without being accompanied on the flight by another Passenger, however they must be enrolled in National’s Unaccompanied Minor program. Unaccompanied Minors must be identified as such at the time of booking and a nonrefundable fee of $125 must be paid at that time. Documentation evidencing parental authorization for the child to travel to any destination, but particularly across national boundaries, may be required in order to complete a reservation.

Unaccompanied Minors must be brought to the airport ticket counter by the parent or guardian. The parent or guardian must complete an Unaccompanied Minor Form (UM-01), which will require providing their own contact information, and also the name, address, telephone number, and email address of the person who will meet the child at the arrival city. Duplicates of these documents must be carried on the flight with the Unaccompanied Minor. The parent or guardian will be given a gate pass, except in rare circumstances where an airport disallows, and must accompany the Unaccompanied Minor to the gate and remain there until a National agent has confirmed that the aircraft is airborne.

The person authorized to meet the Unaccompanied Minor at his/her destination will be required to present to the agent at the check-in counter government-issued photo identification which matches the name provided on the UM-01 form by the parent or guardian who delivered the child to the airport. Except at airports where gate passes are disallowed, the person must meet the child at the arrival gate. Whether meeting the child at the gate or check-in counter, he/she must sign the applicable release on the UM-01 form.

National Airlines reserves the right to limit the number of Unaccompanied Minors on any flight in the interest of safety. National Airlines will not assume any financial or guardianship responsibility for unaccompanied children beyond those applicable to an adult customer.

SECTION 5-05 YOUNG TRAVELERS TWELVE THROUGH SEVENTEEN YEARS OLD

On domestic flights, National permits travelers between twelve and seventeen (one day short of attaining adult status at 18) to travel without an adult companion, eliminating the requirements relating to Unaccompanied Minors. However, parents should consider the maturity of their child and consider utilizing the Unaccompanied Minor program even for their older children.

SECTION 6-01 PASSENGERS WITH DISABILITIES

National Airlines is committed to providing our Passengers with disabilities courteous, respectful, professional service from the moment they contact us to book a ticket to the moment they leave the airport after arriving at their destination. National Airlines will not discriminate against any passenger with a disability.

National follows the U.S. Department of Transportation regulations outlined in “Nondiscrimination on the Basis of Disability in Air Travel” (14 CFR Part 382). The following is a partial list of services National provides that are in-line with these DOT regulations:

• Offer of pre-boarding before other guests.
• Assistance in boarding and deplaning.
• Assistance in loading and retrieving carry-on items.
• The storage for one Passenger’s collapsible, manual wheelchair in the cabin of each aircraft, on a first-come, first-served basis.
• Transportation of wheelchairs, including folding, collapsible or non-folding un-powered wheelchairs, electric powered wheelchairs, and electric powered carts. Passengers must provide notice at time of booking for electric chairs or powered carts, and should arrive at least two hours before a domestic flight; three hours for an international flight. Wheelchairs or carts carried in the baggage compartment returned to their owners as close to the airplane door after deplaning as possible. These may be checked at the ticket counter or the departure gate, and are free of charge (they are not counted toward your luggage limits). Please be aware that the FAA places certain restrictions on carriage and stowage of batteries. Learn more at: https://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/hazmat/passenger_info/media/faa_airline_passengers_and_batteries.pdf.
• Carriage in-cabin of certain brands/models of medically necessary Portable Oxygen Concentrators (POCs). Passengers intending to travel with a POC must inform National at the time of booking, but in no instance less than 48 hours prior to flight. For information on permitted POCs, see https://www.faa.gov/about/initiatives/cabin_safety/portable_oxygen or call National’s reservation center at 1-855-757-6999.
• In-cabin stowage for other mobility aids such as crutches, braces, canes, and walkers, provided approved stowage is available and complies with federal guidelines.
• An onboard aisle chair for Passengers who need assistance to/from the lavatory.
• A limited number of pre-reserved seats on each aircraft blocked to accommodate Passengers who identify themselves as having a qualified disability. Some adjacent seats blocked until 24 hours before the flight for customers with disabilities who must travel with a companion. (Under most conditions, the companion will have to reserve the seat and will be charged the fare applicable on the date of booking for the class of service booked. Under certain circumstances, the companion may travel on a zero fare.)
• Information concerning facilities and services available for Passengers with disabilities.
• Available upon request, a copy of 14 CFR Part 382 at check-in counters in each airport National utilizes.

National apologizes that we currently cannot accept special meal requests. Passengers with special dietary needs may want to bring a packed meal with them.

National Airlines may require a Passenger with a disability to travel with an assistant under special safety conditions such as the following:

• A Passenger, because of a mental disability, is unable to understand or respond appropriately to safety instructions from National Airlines’ personnel;
• A Passenger with a severe mobility impairment who is unable to physically assist in his/her own evacuation of the aircraft should an emergency occur;
• A Passenger with both severe hearing and severe vision impairments such that he/she cannot establish some means to adequately communicate with National’s personnel to enable the Passenger to assist in his/her own evacuation should an emergency occur.

SECTION 6-02 TRAINED SERVICE ANIMALS AND EMOTIONAL SUPPORT PSYCHIATRIC ASSIST ANIMALS

Provided that safety and animal health requirements are met, National Airlines will accept service animals accompanying qualified individuals with a disability at no extra charge. Emotional support and psychiatric assist animals are also accepted in cabin for qualified individuals with a disability if certain documentation requirements are met. The animal should remain on the floor in front of the Passenger’s assigned seat or in an approved in-cabin kennel for smaller animals. Exit row seating is prohibited.

Passengers traveling with an emotional support or psychiatric assist animal must provide a minimum 48-hour advance notification to National Airlines, by calling 1-855-757-6999 and submitting a Support Animal Authorization Form. National must receive and validate the required documentation prior to the time of travel. Verification of documentation will include National contacting the identified mental health care professional. If National is unable to validate the documentation or if the advance notification is not given, customers will be required to transport the animal as a pet, and pet fees will apply.

Additional documentation may be required for an animal traveling to an international destination. Passengers should contact the appropriate consulate or embassy to make sure that all necessary procedures are followed. For our guests coming into the United Stated, proof of current rabies immunization is required before air travel begins. Once a Passenger has approval from the required authorities, he/she must provide National notice at least 48-hours prior to scheduled departure that the animal is cleared and will be on the flight.

SECTION 6-03 COMPLAINT RESOLUTION OFFICER

National Airlines has a Complaint Resolution Officer at each airport we serve, available either in person or by telephone, to respond to issues surrounding National’s service to our Passengers with disabilities. Complaints also may be filed with National Airlines at 1-855-757-6999.

Reservations for a group can be made through one of National’s authorized travel agents or by calling National’s reservations center. Groups for purposes of this Contract consists of ten or more passengers traveling together on the same itinerary. Refundable fares are not available for group reservations. If a group reservation is cancelled within twenty-four hours of booking and such reservation is made one week or more prior to the flight’s departure, payment will be refunded in full without assessment of any otherwise applicable cancellation fee. Group reservations are subject to all applicable policies and procedures established by National.

SECTION 8-01 CHECKED BAGGAGE GENERAL

• may check Baggage up to two hours prior to their scheduled departure, but must then remain in the airport.
• Passengers should check all Baggage for carriage at the airport check-in counter no later than sixty minutes before scheduled departure for international flights and forty-five minutes for domestic flights. National reserves the right to refuse to transport items presented to be checked as baggage after the sixty or forty-five minute cut-off.
• National will only accept Baggage for transportation on a flight on which the Passenger is transported.
• Each piece of Baggage tendered for carriage must have a current identification tag or label on the outside with the Passenger’s name, address, and telephone number.
• National may refuse to accept property as Baggage that might cause damage to other baggage or to persons (e.g., sharp objects). National will not accept as Baggage any item it determines cannot be safely carried in the Baggage compartment of the aircraft.
• National will not transport hazardous materials. See Section 8-06 for more details.
• Lithium batteries will not be allowed as checked Baggage. For more information see https://www.faa.gov/about/initiatives/hazmat_safety/more_info/?hazmat=7
• If National fails to have a checked bag at the destination location after arrival, National will make every effort to get the bag to the Passenger within 24 hours of the customer’s arrival at the destination airport.
• National does not accept hover boards or self-balancing transportation devices on board its aircraft as checked baggage.
• In its discretion, National will not transport onboard its aircraft as checked baggage any baggage deemed unsafe.

SECTION 8-02 CHECKED BAGGAGE WEIGHT, SIZE AND NUMBER LIMITATIONS

Weight/Size Limitations: Bags over 100 pounds/45.36kg or with a greater overall dimension than 80 inches/(203.2cm (height plus width plus length) will not be accepted for carriage.

Excess Weight and Size Fee: Bags weighing over 50 pounds/22.68kg or measuring more than 62 inches/157.48cm will cost $75 for carriage.

Extra Bag Fees:

• First Bag:

  National will accept one checked bag free of charge, so long as the bag does not exceed 50 pounds or 62 inches in overall dimensions. A bag exceeding these limits (but not surpassing the Weight or Size Limitations) will cost $75 for carriage.

• Second Bag:

  A second checked bag will cost $30, paid at airport check-in, plus an Excess Weight or Size Fee if applicable.

• Third and More Bags:

  A third, fourth, or more checked bag will cost $75 each, paid at airport check-in, plus Excess Weight or Size Fee if applicable.

Military: Notwithstanding the above, members of the U.S. or Canadian military with active duty status may check up to three pieces of baggage, with none weighing more than 100 pounds or exceeding 80 inches in overall dimensions, at no charge.

One car seat, stroller, or wheelchair per Passenger may be checked. It will not count for purposes of excess baggage fees; also, it may surpass the overall dimension limits.

SECTION 8-03 SPORTS EQUIPMENT

Passengers may check the following items of sports equipment packed in a hard-sided container:

• One golf bag
• Fishing equipment
• Water or Snow skis or snowboard
• Scuba equipment (cylinder/tank must be unpressurized)
• Skateboard
• Windsurfing/kitesurfing board
• Hockey equipment
• Archery equipment
• Bicycle – single seat, non-motorized, packed in hard-sided bicycle case; pedals and handlebars removed
• Other if pre-approved by National Airlines

Sports equipment containers will not be counted toward the baggage allotment. They also will not be limited to the overall dimensions allowed, however the packed container must not exceed 100 pounds. For each checked sports container, a fee of $75 will be assessed.

SECTION 8-04 FIREARMS AND AMMUNITION

In order to check a firearm, a Passenger must be over 18 years old and have advised National at time of booking the nature of the cargo to be checked. Firearms must be unloaded. The Passenger must read and sign a Firearms Unloaded Declaration Tag at the time of checking the Baggage. The firearm must be packed in either a lockable crush-proof container designed for the firearm or in a hard sided container with TSA approved locks or combination locks (with the Passenger retaining the combination numbers). If the firearm case cannot be locked, National will refuse carriage. Passengers must remain present during screening in order to unlock and relock the firearm container.

Passengers may check up to ten pounds of ammunition. Ammunition must be in separate baggage from the firearm. The ammunition must be packaged in the manufacturer’s original container.

Laws regarding the carrying of firearms vary. Each Passenger transporting a firearm to, from or in the airport and checking it for carriage is responsible for knowing and adhering to all relevant legal requirements. Firearms are not permitted on flights to/from Puerto Rico without prior approval and written authorization from the Superintendent of Police in Puerto Rico.

Firearms and International Flights: The Passenger checking firearms/ammunition is responsible for knowing the laws of the origination and destination countries, and completing whatever steps are necessary to allow the transport of firearms/ammunition over borders. To assist, the following link provides basic information regarding firearm requirements in Canada: http://www.canadawelcomesyou.net/firearms.

One piece of shooting equipment, properly packaged as described above, with or without a small ammunitions package, will be allowed without counting as a checked bag. The overall dimensions of the firearms/ammunition may exceed the limits for ordinary baggage, however, the weight limits still apply.

SECTION 8-05 FRAGILE AND PERISHABLE ITEMS

National reserves the right to refuse to carry any fragile or perishable items. If National agrees to carry fragile or perishable items, National may require the Passenger to sign a release with respect to such items. Except as otherwise required by applicable law, National shall not be held responsible for loss, damage, spoilage, or delay of fragile or perishable items whether or not a waiver is signed.

Examples of fragile items: bicycles, photographic equipment, ceramics, china, crystal, figurines, flowers, glass items, maps, mirrors, musical instruments, unsuitably protected sporting goods, electronics, papers, paintings, liquids, bottles (empty or full), plants, strollers, vases, jewelry, watches, medicines, tools, any unprotected item individually checked or tied to the outside of baggage.

Examples of perishable items: fruits, vegetables, meats, fish, poultry, baked goods, plants, flowers. These items may be subject to agricultural rules of the origin and/or destination locations. Perishable items must not violate any applicable agriculture-transport rules.

SECTION 8-06 HAZARDOUS OR DANGEROUS GOODS

Hazardous materials or goods may not be checked in baggage or carried on the aircraft. Examples of hazardous goods: compressed gases, corrosives such as acids and wet batteries, paint, explosives such as fireworks, flammables such as matches and lighter fluids, magnetic and radioactive materials, and all other items restricted by government, specifically DOT, regulations. More information can be found at: https://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/hazmat/passenger_info/. In addition to hazardous materials, many items are considered dangerous and are not permitted beyond the airport security screening checkpoint. Examples: weapons, cutting instruments of any kind, ice picks, straight razors, metal scissors with pointed tips, metal nail files, corkscrews, baseball bats, golf clubs, pool cues, ski poles, hockey sticks.

SECTION 8-07 CARRY-ON BAGGAGE

Passengers are generally allowed to carry-on one bag and one personal item such as a purse, diaper bag or small computer bag that fits completely under the seat directly in front of the Passenger. The carry-on baggage must be able to fit in the overhead bin. The size limit for carry-on items is twenty-two inches by fourteen inches by nine inches (22” x 14” x 9”; 55.88cm x 35.56cm x 22.86cm).

On fuller flights, in-cabin space may fill beyond capacity, limiting some of our last-to-board Passengers to carry on only their personal item. In that case, the larger carry-on bag will be tagged and transported in the cargo bin at no additional cost. After landing, tagged bags will be delivered to bag check areas along with regular checked baggage.

See Chapter 9 relating to carrying small pets in the cabin. See Chapter 6 relating to special mobility or medical items permitted in the cabin.

National does not accept hover boards or self-balancing transportation devices on board its aircraft as carry-on baggage. In its discretion, National will not transport onboard its aircraft as carry-on baggage any baggage deemed unsafe.

SECTION 8-08 MUSICAL INSTRUMENTS, CHILD RESTRAINT SYSTEMS, AND SEAT BAGGAGE

Musical Instruments: Musical Instruments may be carried in the cabin, checked as baggage or strapped in a seat reserved for the fine instrument.

Carry On: A Passenger may carry a smaller musical instrument as one of the allowed carry-ons if it meets the standards for stowage in the overhead bin (and there is available space) or under the seat in front of the Passenger.

Checked Baggage: The instrument should be packed in a hard-shell case. The instrument will count toward the Passenger’s baggage allotment. Excess weight and size limitations and fees will apply as appropriate. Instruments are checked as limited liability items.

The Instrument in a Passenger Seat: For larger instruments that cannot be stored overhead or beneath a seat, passengers may choose to purchase a seat for the instrument. National Airlines will allow a Passenger to purchase a seat for an instrument at the fare for the seat available in the class of service at the time of purchase. The instrument must be in a case and/or adequately covered to prevent injury to passengers, not exceed 85 pounds, and must be able to be secured properly in a window seat by an aircraft seatbelt.

Child Restraint Systems: A child restraint system will be accepted for carriage in the cabin only if it can be stowed in the overhead compartment or under the seat or when an additional seat is ticketed for the Infant or child and the restraint can be properly secured by the seat belt. The Infant/child may not be secured in the restraint system during ground movement, takeoff, landing or any other time when the Fasten Seat Belt sign is on unless the restraint system is government approved. See Section 5-02 for more information.

Other Seat Baggage: At National’s discretion, an item of baggage may occupy a seat provided the Passenger accompanies the item, the item can be properly secured in the seat, reservations were made and paid for the seat, and carriage in this manner will not pose a safety risk.

SECTION 8-09 PROCEDURES FOR BAGGAGE CLAIMS AND LIMITS OF LIABILITY

National Airlines assumes no liability for items lost, damaged or confiscated as a result of security screening, loss or damage incurred in customer waiting rooms or concourses, or loss or damage for property not checked in to National’s custody.

Carry-On Baggage: For travel within the United States, carry-on baggage is the sole responsibility of the Passenger; National Airlines has no responsibility or liability for lost, forgotten, stolen or damaged items carried in the cabin. For liability for carry-on baggage on travel that includes international destinations, see Chapter 12 below.

Checked Baggage: If a passenger determines that his/her checked bag is not at Baggage Claim, then National will cover reasonable expenses, as outlined in National’s Customer Service Plan, so long as the passenger submitted written notice to National’s agent at the airport within four hours of the flight arrival. National’s Customer Service Plan is available at www.nationalairlines.com.

Total liability for provable damages for direct or consequential damages resulting from the loss, delay or damage to baggage in National Airlines’ custody is limited as follows:

1. For travel wholly within the United States, up to $3500 per Passenger.
2. For international travel (including domestic portions of international flights) to which the Montreal Convention applies, liability for loss, delays, or damage is limited to 1,131 Special Drawing Rights per Passenger for checked and carry-on baggage combined. See CHAPTER 12 for further detail regarding National’s liability for international travel.

The above stated amounts are limits: All claims are subject to proof of value and loss, except that Passengers with Qualified Disabilities traveling with wheelchairs or other mobility devices are exempt from liability restrictions for delays, or loss or damage to these items.

National Airlines assumes no liability for valuable items such as money, business documents, photographic or electronic instruments, medications, antiques or jewelry. When National has exercised the ordinary standard of care, it shall not be liable for delay in delivery of any perishables or for damage to or caused by fragile items, items unsuitably packed whether inside baggage or as a special item. National assumes no liability for damage such as dents, scratches, scuffs, stains, cuts or damage to wheels or retractable handles that result from normal wear and tear.

Procedures:

• Damage to checked baggage must be reported to National Airlines at the arrival city or through its Customer Service line within four hours of arrival, but in no event before leaving the arrival airport, except in the case of delayed baggage delivery in which case the report must be submitted within twenty-four hours of delivery of the bag.
• As to loss of a checked bag, the initial report must be made before the Passenger leaves the arrival airport, and if the bag is not delivered within twenty-four hours of arrival then the subsequent report must be made within twenty-four hours after that twenty-four hour delivery window has passed.
• Damage to or missing contents must be reported within twelve hours of arrival.
• If compensation is sought for a damage or loss, a written claim must be received by National no later than thirty days after the initial report was received. In the case of damage to baggage, National shall have no liability unless the Passenger filed an initial report prior to leaving the arrival airport; or for delayed delivery, within twenty-four hours from the time the Passenger received the baggage. National may require the damaged baggage to be presented to National for repair within thirty days of National’s receipt of the damage report seeking compensation.

Failure to report delayed or damaged baggage or missing contents within the time limits above releases National from liability. National may disallow any claim for loss or damage that contains misrepresentations, or when the Passenger fails to provide proof of loss in the form of receipts of purchase. National assumes no liability for any indirect, consequential, incidental, punitive or special damages resulting from loss, damage or delayed delivery of checked baggage.

Additional information regarding National’s policies on lost, delayed or damaged baggage is available by calling our Customer Service line at 1-855-757-6999.

National Airlines welcomes even your four legged-family members, offering several options to allow your dog or cat to go where you go.

In Cabin: National will accept small dogs and cats for transportation in the passenger cabin under the following conditions:

• No more than four pets already have been accepted on the flight; pets are accepted on a first-come, first-served basis
• At least 48 hours before scheduled departure, the Passenger has notified National that he/she will be traveling with a pet, and has paid the one-way $50 pet fee.
• The pet is contained in a carrier that fits underneath the seat in front of the Passenger.
• The pet is at least 10 weeks old and is harmless, inoffensive, odorless, and requires no attention during transit.
• The pet’s Passenger companion may not be an Unaccompanied Minor.

Only one pet may be contained in a carrier. The pet may not be removed from the carrier during flight. The pet and carrier will count as the personal item allowed under Chapter 8 Carry-On Baggage. National Airlines reserves the right to deny boarding to a pet that is misbehaved in the gate area before boarding or otherwise doesn’t meet the above listed standards.

Special restrictions regarding pets may apply for international travel, including a country refusing entry to the pet. The Passenger, not National Airlines, is responsible to know the rules and regulations at the destination. National will have no liability or responsibility should the destination country deny entry to Fido or Tigger.

For information regarding Service/Support Animals in the cabin, please see Section 6-02.

In Baggage: National will accept dogs and cats over eight weeks old and properly kenneled as checked baggage, but carriage for these pets must be booked at least 48 hours prior to scheduled departure. At time of booking, a one-way, nonrefundable $150 fee per kennel must be paid. [Soft- or hard-sided kennels must be leak-proof and ventilated on at least two sides. The weight of the kennel with its resident(s) inside must not exceed 100 pounds. One pet is permitted per kennel, except that two puppies or kittens (not mixed), each under six months old and each weighing less than twenty pounds, may share a kennel. The number of kennels in baggage generally is limited to three, but may vary on some flights.

Extreme seasonal weather in locations National operates may preclude carriage of animals in cargo.

National Airlines will not be responsible in the event of loss, delay, injury, sickness or death of any pet or animal accepted for transportation.

SECTION 10-01 MINIMUM CHECK IN TIMES AND PRESENCE AT BOARDING GATE

Unless stated otherwise on a Passenger’s itinerary or ticket, the following Check-in times apply:

Domestic (within the U.S.): National Airlines recommends Passengers with special needs or with irregular/special baggage, and all Unaccompanied Minors, check in at the check-in counter two hours prior to scheduled departure. All Passengers traveling within the U.S. must be checked in (electronically or in the airport) forty-five minutes before scheduled departure. National may release a Passenger’s seat if he/she has not checked in by forty-five minutes before the scheduled departure of a domestic flight. Passengers must be present at the boarding gate and be ready to board no later than twenty minutes before the scheduled departure. Failure to check in at least an forty-five minutes before scheduled departure, and to be present and ready at the gate twenty minutes before scheduled departure, could result in denied boarding and forfeiture of the ticket and its value.

International: In busier airports, all Passengers should check in electronically or in person three hours prior to scheduled departure, however Passengers with irregular baggage and all Unaccompanied Minors must check in at the check-in counter (not electronically). All Passengers must be checked in at least sixty minutes prior to the scheduled departure. Pursuant to government security regulations, National is required to close the Passenger Manifest sixty minutes before scheduled departure and therefore Passengers on international flights will be denied boarding and hence will lose the value of their ticket if they have not checked in at least sixty minutes before scheduled departure.

All international Passengers must be at the gate, with all required travel documents, ready to board no later than thirty minutes before scheduled departure. Failure to be present and ready at this time will result in denied boarding and forfeiture of the ticket and its value.

SECTION 10-02 REFUSAL TO TRANSPORT A CUSTOMER WITH A CONFIRMED TICKET

National Airlines may refuse to board, or may remove once boarded, the following:

• Persons who refuse to permit a search of person or property for explosives or dangerous weapons, articles or substances.
• Persons who refuse to produce identification upon request, including a valid passport book required for all international trips.
• A person who is pregnant and expecting delivery within seven days unless she has a doctor’s certificate signed within three days of the flight stating that the doctor performed an examination within that same time frame and deemed her to be physically fit for the scheduled flight and its duration.
• Persons who have made a misrepresentation which becomes evident at the airport, and the misrepresentation renders the person ineligible for Carriage.
• Persons who interfere or attempt to interfere with any crewmember in carrying out their duties.
• Persons who cannot or won’t comply with the non-smoking requirement established in 49 CFR 1544.219.
• Persons who wear or have on them or their property concealed or unconcealed dangerous weapons (except for those who meet the qualifications of 49 CFR 1544.219).
• Persons who refuse to allow National or its agents to search person or property for prohibited items.
• Persons who appear to be intoxicated or under the influence of illegal drugs.
• Persons declared by authorities to be a high risk prisoner.
• Persons who are barefoot (except children under five) or otherwise inappropriately clothed, except as necessary for medical reasons.
• Persons unable to occupy a seat with the armrest down and seatbelt (with extension if necessary) fastened.
• Persons who appear to have a serious health condition or a contagious disease that National determines, in its discretion, is a direct threat to the health and safety of others under DOT rules.
• Persons requiring an onboard stretcher, or drip IV or intramuscular feeding equipment.
• Persons who exhibit behaviors that may be hazardous to self or others, including conduct that is violent, disorderly, offensive, obscene, lewd, or abusive.
• Persons who do not meet other standards required for travel set forth in this Contract (e.g., minimum age, Unaccompanied Minor requirements).
• Any person who cannot be transported safely for any reason.

National Airlines’ President or Director of Operations may permanently refuse to transport an individual who has repeatedly been denied boarding or removed from the aircraft due to violent, disorderly, offensive, or abusive conduct.

To the extent permitted by law, National shall not be liable to any Passenger or other person for refusing to board or transport that Passenger or any person on the aircraft. Nor shall National be liable to any of the Passengers or other person for exercising its discretion not to refuse to board or transport or remove any Passenger or other person on or from the aircraft.

Except for a passenger refused boarding or removed for serious health conditions or contagious diseases, a Passenger refused carriage under this Section 10-02. will not be entitled to a refund. UNDER NO CIRCUMSTANCE WILL NATIONAL BE LIABLE TO ANY PASSENGER DENIED BOARDING UNDER THIS SECTION FOR ANY TYPE OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE.

SECTION 11-01 RESPONSIBILITY FOR SCHEDULES AND OPERATIONS

National Airlines will make all reasonable efforts to carry Passengers with confirmed reservations and their baggage pursuant to National’s published schedule, issued tickets and updates as to departure schedules. However, times shown in websites, advertisements, timetables, or elsewhere are not guaranteed and are not part of this Contract of Carriage. National Airlines may substitute aircraft, change seat assignments and alter schedules without notice as it deems necessary. National Airlines is not responsible or liable for any special, incidental or consequential damages arising from the foregoing. In the event of a Force Majeure Event as defined in Chapter 2, National may cancel, terminate, divert, postpone or delay a flight or the right of carriage without liability to National. National may reschedule the customer on another National flight or may issue a travel voucher for any unused portion of the ticket.

In the event of a cancellation, or a diversion or flight delay of thirty minutes or more, National Airlines will make every effort to provide the most current, accurate information to customers in the airport or onboard the aircraft within thirty minutes of becoming aware of the information. Flight information will also be updated on National’s websites at www.nationalairlines.com, and by calling National Airlines at 1-855-757-6999. National also will provide reasonable overnight accommodations, in some circumstances and subject to availability, for overnight delays. See National Airlines’ Customer Service Plan for more information.

SECTION 11-02 DENIED BOARDING DUE TO SEAT AVAILABILITY

National does NOT sell more seats than there are on the aircraft. On rare occasions, though, National may have to substitute aircraft due to an unplanned mechanical issue and this could result in fewer seats than there are confirmed Passengers. In such case, National will take the actions below:

Voluntary: National will request volunteers to relinquish their seat in exchange for compensation (monetary or travel voucher) as determined by National. The request for and selection of volunteers will be solely National’s responsibility. Because the selection of volunteers is based on various factors and because more customers may volunteer than are needed, some volunteers may not be selected. National will offer volunteers for flights within the U.S. or to/from the U.S. and Canada a transferable voucher for the full cost of the denied flight plus an added 50% that can be applied toward the purchase of future travel on National Airlines to any of its destinations.

Involuntary: If there are not enough volunteers, National may be required to deny boarding involuntarily. National will involuntarily deny boarding first to Passengers flying at no charge on the aircraft. If still necessary to involuntarily deny boarding, National shall do so according to check-in time, beginning with the last to check-in. However, National will make an effort to not involuntarily deny boarding to customers requiring special assistance or to Unaccompanied Minors and hence it is possible that check-in time may not be the sole factor considered in selecting involuntary denials.

Remedies for those denied boarding involuntarily: For flights within the U.S. or to/from Canada, National will make best efforts to arrange carriage on another airline serving the same route.

• If National can arrange alternate carriage that is planned to arrive at the Passenger’s destination within one hour of the original flight plan, the Passenger is not eligible for compensation from National.
• If the alternate transportation is planned to arrive more than one but less than two hours after the original flight’s planned arrival, National will offer 200% of the one-way fare paid up to a maximum of $675.
• If the alternate transportation is planned to arrive at the destination over two hours after the original arrival time, then 400% of one-way fare paid up to $1,350 will be offered.

Passengers denied boarding due to seat unavailability will not be eligible for compensation if he/she did not meet all the check in and boarding requirements; if he/she is offered carriage in another class of service and turns down the offer; National arranges other transportation that will arrive at the destination within one hour of the original flight plan; or the Passenger is otherwise disqualified from boarding pursuant to Section 10-02 .

Special refund rules may apply for international travel.

SECTION 11-03 EXTENDED ONBOARD GROUND (TARMAC) DELAYS

In accordance with U.S. Department of Transportation regulations, National Airlines maintains and complies with a separate Contingency Plan for Lengthy Tarmac Delays. This Contingency Plan for Lengthy Tarmac Delays does not guarantee specific actions, is subject to change without notice, and is not part of this Contract of Carriage. It can be found at www.nationalairlines.com.

SECTION 12-01 CUSTOMER COMPLAINTS

National Airlines’ employees, our reservation agents and our customer-facing agents at our destination airports are empowered to address most consumer issues appropriately and effectively at the time a concern arises — throughout the reservation process and through the duration of our Passengers’ travel experience with National. If a Passenger has a complaint that is not resolved immediately, the Passenger is invited to file a more formal complaint with National. National Airlines’ Customer Service Plan contains specific information regarding how to file a complaint. National’s Customer Service Plan can be found at www.nationalairlines.com. National Airlines’ Customer Service Plan is not guaranteed, is subject to change without notice, and is not part of this Contract of Carriage.

SECTION 12-02 CLAIMS NOTIFICATION

Except as otherwise required by applicable law including for international travel, National Airlines reserves the right to reject any claims (except for injury or death) which have not been submitted to National Airlines in writing within one year from date of travel for domestic flight and two years for international flights governed by the Warsaw or Montreal Conventions, or in a shorter time as may reflected in specific sections of this Contract of Carriage. Special rules apply to baggage as detailed in Chapter 7 and Chapter 12.

SECTION 12-03 LIABILITY FOR INTERNATIONAL TRAVEL

In addition to liability limitations herein, Passengers on flight(s) that involve a stop or ultimate destination in a country other than the country of departure are advised that international treaties known as the Montreal Convention of its predecessor, the Warsaw Convention, including its amendments, may apply to the entire trip including any portion thereof within a country. For such passengers, the treaty, including special contracts of carriage embodied in applicable tariffs, governs and may limit the liability of the carrier in respect of death or injury to passengers and for destruction or loss of, or damage to, baggage and for delay of passengers and baggage.

International flights are governed by the Montreal Convention. Accordingly, for the purposes of international carriage governed by the Montreal Convention, the liability rules set forth in the Montreal Convention are fully incorporated herein and shall supersede and prevail over any provision of this tariff which may be inconsistent with those rules.

1. The Carrier shall be liable under Article 17 of the Warsaw Convention or Montreal Convention, whichever may apply, for recoverable compensatory damages sustained in the case of death or bodily injury of a passenger, as provided below:
   1. The Carrier shall not be allowed to exclude or limit its liability for damages not exceeding 113,100 Special Drawing Rights for each Passenger.
   2. The Carrier shall not be liable for damages to the extent that they exceed 113,100 Special Drawing Rights for each Passenger if the Carrier proves that:
      • Such damage was not due to the negligence or other wrongful act or omission of the Carrier or its agents.
      • Such damage was solely due to the negligence or other wrongful act or omission of a third party.
   3. The Carrier reserves all other defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever may apply, to such claims including by way of example the exoneration defense of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention except that the Carrier shall not invoke Articles 20 of the Montreal Convention and 21 of the Warsaw Convention in a manner inconsistent with paragraphs (1) and (2) of this Section.
   4. With respect to third parties, the Carrier reserves all rights of recourse against any other person, including rights of contribution and indemnity.
   5. The Carrier agrees that, subject to applicable laws, recoverable compensatory damages for such claims may be determined by reference to the laws of the country of the domicile or country of permanent residence of the passenger.
2. In cases of bodily injury or death, the Carrier shall make an advance payment where the Carrier determines it is necessary to meet the immediate economic needs of, and hardship suffered by, a passenger as provided in the following paragraphs:
   1. Unless a dispute arises over the identity of the person to whom an advance payment shall be made, the Carrier shall, without delay, make the advance payment to the passenger in an amount or amounts determined by the Carrier in its sole discretion. In the event of death of a passenger, the amount of the advance payment shall not be less than 16,000 Special Drawing Rights, which shall be paid to a representative of the passenger’s next of kin eligible to receive such advance payment as determined by the Carrier in its sole discretion.
   2. The Carrier shall make the advance payment as an advance against the Carrier’s liability under the Warsaw Convention, or the Montreal Convention, whichever may apply. An advance payment shall not constitute recognition of liability. An advance payment shall be offset against, or deducted from the payment of any settlement or judgment with respect to any claim for compensation on behalf of the passenger.
   3. The Carrier, in making an advance payment, does not waive any rights, defenses, or limitations available under the Warsaw Convention or the Montreal Convention, whichever may apply, to any claim, nor shall acceptance of an advance payment constitute a release of any claim, whatsoever, by any person.
   4. The Carrier, in making an advance payment, preserves its right to seek contribution of indemnity from any other person for such payment, which shall not be deemed to be voluntary contribution or contractual payment on the part of the Carrier.
   5. The Carrier may recover an advance payment from any person where it is proven that the Carrier is not liable for any damage sustained by the passenger, or where it is proven that the person was not entitled to receive the payment, or where and to the extent that it is proven that the person who received the advance payment caused, or contributed to, the damage.
3. The Carrier shall be liable for damage occasioned by delay in the carriage of passengers by air, as provided in the following paragraphs:
   1. The Carrier shall not be liable if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage, or that it was impossible for it or them to take such measures.
   2. Airport, air traffic control, security, and other facilities or personnel, whether public or private, not under the control and direction of the Carrier are not servants or agents of the Carrier, and the Carrier is not liable to the extent the delay is caused by these kinds of facilities or personnel.
   3. Damages occasioned by delay are subject to the terms, limitations, and defenses set forth in the Warsaw Convention and the Montreal Convention, whichever may apply. They include foreseeable compensatory damages sustained by a passenger and do not include mental injury damages.
   4. The Carrier reserves all defenses and limitations available under the Warsaw Convention or the Montreal Convention, whichever may apply, to claims for damage occasioned by delay, including for example the exoneration defense of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention. Under the Montreal Convention, the liability of the Carrier for damage caused by delay is limited to 4,150 SDR per passenger. The limits of liability shall not apply in cases described in Article 25 in the Warsaw Convention or Article 22(5) of the Montreal Convention, whichever may apply.
4. The Carrier is liable for damages sustained in the case of destruction or loss of, damage to, or delay of checked and unchecked baggage, as provided in the following paragraphs:
   1. Except as provided below, the liability of the Carrier is limited in most cases to 1,131 Special Drawing Rights for each passenger in the case of destruction, loss, damage, or delay of baggage, whether checked or unchecked, under the Warsaw Convention or the Montreal Convention, whichever may apply. Unless the passenger proves otherwise:
      • all baggage checked by a passenger shall be considered to be the property of that passenger;
      • a particular piece of baggage, checked or unchecked, shall not be considered to be the property of more than one passenger; and
      • unchecked baggage, including personal items, shall be considered to be the property of the passenger in possession of the baggage at the time of embarkation.
   2. If a passenger makes, at the time checked baggage is handed to the Carrier, a special declaration of interest and has paid a supplementary sum, if applicable, the Carrier will be liable for destruction, loss, damage, or delay of such checked baggage in an amount not exceeding the declared amount, unless the Carrier proves that the declared amount is greater than the passenger’s actual interest in delivery at destination. The declared amount, and the Carrier’s liability, shall not exceed the total amount of declaration permissible under the Carrier’s regulations, inclusive of the limitation of paragraph 4.A above. In the case of transportation under the Warsaw Convention, no supplementary sum shall apply unless the declared amount exceeds 17 Special Drawing Rights per kilogram of the total recorded weight of the checked baggage at the time the baggage is handed to the Carrier. Nevertheless, the Carrier may impose charges for pieces of baggage in excess of any free allowance the Carrier may provide.
   3. In the case of unchecked baggage, the Carrier is liable only to the extent the damage resulted from its fault, or that if its servant or agents.
   4. The Carrier is not liable for destruction, loss, damage, or delay of baggage not in the charge of the Carrier, including baggage undergoing security inspections or measures not under the control and direction of the Carrier.
   5. The Carrier reserves all defenses and limitations available under the Warsaw Convention and the Montreal Convention, whichever may apply to such claims including, among others, the defense of Article 20 of the Warsaw Convention and Article 19 of the Montreal Convention and the exoneration defense of Article 21 of the Warsaw Convention and Article 20 of the Montreal Convention, except that the Carrier shall not be invoke Article 22(2) and (3) of the Warsaw Convention in a manner inconsistent with paragraph (1) of this Section. The limits of liability shall not apply in cases described in Article 25 of the Warsaw Convention or Article 22(5) of the Montreal Convention, whichever may apply.
5. Under the Warsaw Convention and the Montreal Convention, whichever may apply, an action for damages must be brought within two years, and a complaint must be made to the Carrier within seven calendar days in the case of damage to baggage, and 21 calendar days in the case of delay thereof.

National Airlines is committed to protecting customer data in compliance with all applicable data privacy laws. During the ticketing process, National collects data necessary to process the transaction. National also collects data that allows us to meet our obligations to our Passengers, for example data on Unaccompanied Minors or data necessary to respond to customer feedback.

National Airlines also collects data as required by the government. Examples include data related to security, safety, customs, public health, immigration, investigations of criminal acts.

A Passenger’s purchase of a ticket, as well as travel on our aircraft, evidences their consent to all terms in this Contract of Carriage, and importantly here to their consent for National Airlines to transmit customer data within National Airlines and its agents as well as to government agencies where and when required.

National Airlines will take appropriate measures to safeguard customer data.

Last updated: February 22, 2016

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When a customer calls National Airlines’ Reservations Center or accesses National’s website, the lowest fare offered for the route, date and class of service will be disclosed. Currently National does not sell tickets at airport counters.

Within thirty minutes of becoming aware of a change, National will provide information on the status of known cancellations, and delays or diversions greater than thirty minutes, by making announcements in the boarding gate area, on flight departure display screens in the airport, on its websites, and through its Reservation/Customer Service Agents at 1-855-757-6999.

National Airlines will make best efforts to deliver baggage on time. In the event a bag does not arrive to a passenger’s destination city, National will make reasonable efforts to locate and deliver the misplaced bag within twenty-four hours. National will offer compensation for reasonable expenses (such as for toiletries) that result due to the delay in delivery for domestic flights, and as required by applicable international agreements for international flights. Receipts will be required.

If National cannot locate a bag within twenty-one days, the bag will be considered lost. National will reimburse any fee charged to transport the lost bag. In addition, National will compensate for lost luggage as outlined in National Airlines’ Contract of Carriage in Chapters 8 (Domestic flights) and 12 (International flights).

Before leaving the airport, passengers must notify National Airlines’ agent at the airport if their checked baggage did not arrive. To follow-up, passengers may call National’s Reservation/Customer Service Center at 1-855-757-6999.

National Airlines has adopted an “Instant Purchase” policy, which means that a customer must pay immediately in order to reserve a seat (there is no “holding a reservation” without payment). However, customers may cancel a reservation within twenty-four hours after the reservation was made if the scheduled departure is more than a week later. In such case, the customer will receive a full refund.

National Airlines accepts only credit cards (no cash or purchase order) as payment for reservations and any additional fees (e.g., oversized baggage, pet fare, Unaccompanied Minor fee). Where a refund for any payment made is appropriate, National will issue the credit card refund within seven days after receiving the refund request. Be aware that if a payment was made to National using an international credit card, National will transmit refund instructions within seven days, but due to international bank processing times (which vary by country), it may take up to two billing cycles for the credit to show up on a customer’s statement.

Refunds for tickets or other fees may be requested by calling Reservations/Customer Service at 1-855-757-6999.

Accommodating the special needs of passengers with disabilities is a top priority for National. National offers assistance to get to, from and between gates either by wheelchair or, in some locations, by electric cart. National offers early boarding, and upon requests will assist with enplaning and deplaning. National will also provide assistance with visual, auditory, cognitive, or mobility impairments while in the airport and on the aircraft. Approved Portable Oxygen Concentrators (POC) are allowed on board with passengers who have informed National forty-eight hours or more before boarding that they will be traveling with a POC. All National flights are equipped with an aisle chair, which allows our cabin attendants to assist passengers with restricted mobility to get to and from lavatories. Currently, National does not offer special meals, and thus advises passengers requiring special diets to pack snacks or portable meals to suit their needs.

To ensure the high quality of the services our customers with disabilities receive, National designates Complaint Resolution Officials (CROs) in all airports. CROs are responsible for ensuring services are properly implemented for our customers with disabilities. You may request a CRO by contacting a National Airlines’ agent at our check-in counters or boarding gates or by calling 1-855-757-6999.

National Airlines provides detailed information regarding children traveling unaccompanied by an adult in our Contract of Carriage. Briefly, children six through eleven years of age traveling without a parent or companion eighteen years or older must be enrolled in National’s Unaccompanied Minor program. Parents are encouraged to enroll unaccompanied children twelve and older in the program as well, but it is not a requirement. Fees apply for unaccompanied minor services. National will make best efforts to ensure all children on our flights, but especially Unaccompanied Minors, are safe, comfortable, and understand safety procedures. National Airlines will not release a minor traveling alone to anyone other than the person identified by the child’s parent or guardian.

National is especially sensitive to the needs of our passengers with disabilities and our young travelers during long tarmac delays and will make best efforts to see that they are comfortable and that their needs are met. For additional information, please refer to National’s standalone Contingency Plan for Lengthy Tarmac Delays posted at www.nationalairlines.com.

National Airlines will provide full and timely information regarding the status of a flight if there is an extreme delay after passengers have boarded or after the plane has landed. If safety and security conditions allow, National will provide for essential needs such as food, potable water, operable lavatory facilities, access to medical treatment and an opportunity to deplane. For further information, see National Airlines’ Contingency Plan for Lengthy Tarmac Delays posted at www.nationalairlines.com.

National does NOT oversell a flight. On rare occasions, though, National may have to substitute aircraft due to an unexpected maintenance event and the substituted aircraft potentially could have too few seats for all ticketed passengers. If National cannot accommodate one or more passengers holding confirmed reservations, National will comply with all applicable regulations, and as reflected in our policies and procedures, will treat passengers fairly and consistently. National will provide relevant information at airports, including our boarding priority rules, about our policies and procedures for handling situations when all ticketed customers cannot be accommodated on a flight. National also provides multiple notices to our passengers regarding required check-in and boarding gate times through our reservations phone line, on the itinerary, in our Contract of Carriage and at check-in.

National will first request volunteers for denied boarding. Only if there are not enough volunteers will National deny boarding according to our boarding priority rules. National will offer a travel voucher to encourage passengers to voluntarily give up their seat. These vouchers can be used toward the purchase of another National Airlines ticket to any of its destinations. Vouchers are redeemable within one year on www.nationalairlines.com.

National, through its Contract of Carriage and herein, provides notice explaining our obligations and the compensation passengers will receive if involuntarily denied boarding. National will make every effort to find alternative transportation for passengers involuntarily denied boarding, including by rebooking them on the first available National flight to the ticketed destination.

National may provide hotel accommodations at contracted hotel facilities it has selected if a passenger is away from home, is involuntarily bumped from a flight and National is unable to arrange alternative travel on the same travel day. If hotel accommodations are unavailable, National will compensate with a travel voucher commensurate in value with the contracted hotel rate up to $100.

National Airlines’ customers may cancel without penalty within twenty-four hours of making a reservation, so long as the cancellation is more than seven days prior to the scheduled departure. Refundable Tickets may be cancelled up to twenty-four hours before the scheduled departure, in which case the passenger will receive a full refund minus any applicable ticketing fee, or at the passenger’s request a travel voucher in the same amount. The travel voucher will expire one year after the date the original ticket was purchase, with fees, taxes and charges forfeited.

National uses Boeing 757-200 aircraft for its passenger service. Our standard B757-200 aircraft has 184 seats in a two-class configuration.

The Boeing 757-200 aircraft has 4 lavatories.

National Airlines just initiated scheduled service and public charters – after years of serving our customers through private charter arrangements. We have not yet launched our Frequent Flyer program but are anxious to be able to reward our repeat customers so we will do our best to finalize a rewards program quickly.

National Airlines provides information regarding its cancellation policies, aircraft seating configuration, and lavatory availability on its websites. For questions not answered by the information on our websites, customers are invited to call our Reservations/Customer Service Center at 1-855-757-6999.

We will attempt to contact passengers, with information provided in their reservation, to inform them of changes in their travel itinerary soon after the change is known.

National Airlines will acknowledge receipt of written customer complaints within thirty days of receipt, and will send a substantive response within sixty days of receiving the complaint. For information about filing a complaint go to our Contact Us page of our website. Send all complaints to customerservice@nationalairlines.com.

In order to mitigate inconveniences due to cancellations, National will make best efforts to arrange alternative transportation to the destination city. National will provide hotel accommodations, at facilities National has contracted if possible, based on availability, for passengers inconvenienced overnight while away from home or destination due to a delay or cancellation within National’s control. If accommodations are unavailable, National will compensate passengers with a travel voucher commensurate in value with the contracted hotel rate up to $100.

Schedule irregularities, including long delays on the ground after boarding or after landing, can occur for any number of reasons. National Airlines is committed to keeping our passengers informed and as comfortable as possible in the event a lengthy tarmac delay occurs. National works with each local airport authority in our destination cities, as well as coordinating with local authorities, the Transportation Security Administration, and for international flights, the U.S. Customs and Border Protection, on contingency plans for each of our locations.

National Airlines will not permit an aircraft to remain on a tarmac at a U.S. airport for more than three hours for domestic flights, or four hours for international flights, before allowing passengers to deplane unless (1) the pilot-in-command determines there is a safety-related or security-related reason that the aircraft cannot leave its position on the tarmac to deplane passengers, or (2) Air Traffic Control advises the pilot-in-command that returning to the gate or other deplaning location would significantly disrupt airport operations.

For all lengthy tarmac delays, National will do the following:

• Provide passengers adequate food and potable water no later than two hours after the aircraft leaves the gate (in the case of departure) or touches down (in the case of arrival) if the aircraft remains on the tarmac, unless the pilot-in-command determines that safety or security reasons preclude such service;
• Ensure that operable lavatory facilities will remain available while the aircraft remains on the tarmac;
• Ensure adequate medical attention is available, if needed, while the aircraft remains on the tarmac;
• Notify passengers on a delayed flight of the status of the delay every thirty minutes while the aircraft is delayed, including the reasons for the tarmac delay, if known;
• Notify passengers on the delayed flight beginning thirty minutes after the scheduled departure time (including any revised departure time that passengers were notified of before boarding) and every thirty minutes thereafter that they have the opportunity to deplane from an aircraft that is at the gate or another disembarkation area with the door open, if the opportunity to deplane actually exists.

National Airlines is committed to keeping our valued passengers safe while at the same time making them as comfortable as possible, including providing timely updates on information that impacts their travel plans. National Airlines believes its tarmac delay contingency plans serve our triple purpose of keeping our passengers safe, comfortable, and informed.

Our Contingency Plan for Lengthy Tarmac Delays is separate from and not a part of National Airlines’ Contract of Carriage.

Last updated: October 22 2015

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These U.S. Terms and Conditions (“Terms”) apply only to any Shipment that originates in, is destined for, and does not include an ultimate destination or stop outside of the United States or any U.S. territory, possession, or commonwealth. For all other Shipments, please see the National Air Cargo, Inc. International Conditions of Carriage. These Terms are effective on the date set forth above, and are subject to change without prior notice. The most current version of the Terms is published on the National Air Cargo, Inc. (“NAC”) web site at www.nationalaircargo.com. In tendering the shipment for delivery, the Shipper agrees that the version of these Terms in force at the time of presentation of the shipment for carriage will apply to the shipment and its carriage.

1. The following definitions apply to each air waybill (“airbill”) and any shipping documents:

1a.“Forwarder” means NAC. and its respective employees, agents, and independent contractors, and any subcontract carriers, including direct air carriers, indirect air carriers, and motor carriers, utilized by Forwarder to assist with the transportation services.

1b.“Shipment” means one or more pieces that are tendered to and accepted by Forwarder on a single airbill.

1c.“Shipper” means both the party that tenders the Shipment (consignor) and, if different, the party that originates the Shipment by directly contacting Forwarder to request transportation, regardless whether its name is inscribed in the “Shipper’s Reference/GBL” block, the “Consignee’s Reference” block, and/or the “Third Party Account Information” block on the face of the airbill – and its name shall be inscribed in at least one of those blocks.

1d.“Conveyance” means any steamer, vessel, barge, aircraft, truck, trailer, or rail car, or any connecting conveyance while in the ordinary course of transit by land, sea, or air.

2. Forwarder may engage subcontractors to perform services. Forwarder contracts on its own behalf and on behalf of its servants, agents and subcontractors, each of whom shall have the benefit of these Terms. Shipper expressly authorizes Forwarder to subcontract part or all of the services.

3. The Shipper shall have the duty to prepare and present a current version of the Forwarder’s airbill for each shipment. If a person other than the Shipper prepares the airbill, that person shall be deemed to have done so as agent for the Shipper. If other shipping documentation, including without limitation a prior version of the Forwarder’s airbill or customer-provided documentation, is received by Forwarder and used for the purpose of carriage, it shall be used for convenience purposes only; any terms and conditions on such documentation will not change or supersede these Terms; and the Shipments concerned shall be subject to these Terms and the terms on the reverse of the airbill in effect at the time of shipping. The airbill shall be non-negotiable and shall be binding on the Shipper. The Shipper hereby agrees that it will indemnify and hold harmless Forwarder against any and all claims, liabilities, losses, expenses (including attorney’s fees and expenses), demands, and suits arising out of or attributable to the use of shipping documentation other than the airbill and for any inaccuracy or incompleteness in the particulars entered on the airbill or such other shipping documentation.

4. These Terms shall apply to all Shipments except to the extent otherwise required or mandated by any international, national, federal, state, or local law, rule, convention, or regulation applicable to the Shipment. The conditions of contract of carriage for this Shipment are governed by Forwarder’s tariffs, available for inspection at Forwarder’s offices, and which are hereby incorporated into this contract, and a copy of which shall be supplied upon request.

5. It is the shipper’s sole responsibility to accurately and completely:

5a. specify the contents of all Shipments on the airbill;

5b. provide a legible Shipper contact name and telephone number on the airbill;

5c. provide a legible consignee contact name, telephone number, address, and ZIP/postal code on the airbill;

5d. specify on the airbill the accurate number of pieces included in the shipment;

5e. provide accurate dimensions and weight of the Shipment on the airbill; and

5f. accurately and completely package, mark and label lithium battery shipments in accordance with all applicable laws, regulations and Forwarder requirements applicable to shipments of lithium batteries.

6. Shipper warrants and represents to Forwarder that

6a. all statements and information contained in airbill and any other shipping document are true, complete and accurate

6b. with respect to each package in this Shipment, that the contents are fully and accurately described on the airbill and other shipping document by the proper shipping name, and are classified, packaged, marked, and labeled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations.

6c. all pieces presented for carriage comply with the restrictions set forth in these Terms;

6d. except as prepared for carriage by Forwarder, have been prepared in secure premises by the Shipper (in the case of an individual Shipper), or by reliable staff employed by the Shipper;

6e. have been protected against unauthorized interference at all stages during their preparation, storage, and transportation before their presentation to Forwarder for carriage; and

6f. for articles shipped in unenclosed containers, Forwarder shall not be liable for damage/loss unless mishandling and/or loss is evident and is so noted on the delivery receipt at time of delivery.

7. Forwarder relies on the foregoing declaration, representation and warranty in accepting any piece for carriage hereunder.

8. Forwarder’s liability, liability for all damages shall be limited to the higher of $50.00 per Shipment or $0.50 per pound ($1.10 per kilogram) of that part of the cargo adversely affected thereby, unless at the time of Shipment the Shipper makes a declaration of value for carriage in the space designated on the airbill and pays the appropriate valuation charge, in which event Forwarder’s liability shall not exceed such higher declared value. Shipper assumes all risk of any loss, damage, or delay in excess of the declared value or liability limitations set forth herein. If Shipper sends more than one piece on an airbill, Shipper shall specify the declared value for each piece; otherwise, the declared value for each piece shall be determined by dividing the total declared value by the number of pieces on the airbill. The maximum declared value per Shipment is one hundred thousand U.S. dollars (US$100,000), and any effort to declare a value in excess of this maximum shall be null and void. Regardless of the value declared, the number of Shipments transported by Forwarder, or the number of distinct shippers affected by a disaster, accident, or other event.

9. The following articles shall not be accepted for carriage: any Shipment prohibited by law; household goods and/or personal effects; original works of art, antiques, bonds, coins of any kind, currency, currency equivalents, furs, fur clothing, gems or stones (cut or uncut), industrial diamonds, gold or silver, coined concentrates, jewelry (other than costume jewelry), pearls, precious metals, securities (negotiable), time sensitive written material (for example, bids, contract proposals, etc.), when the declared value exceeds fifty U.S. cents (US$0.50) per pound; or one-of-a-kind articles or models, prototypes, valuable rugs (that is, Oriental rugs, Persian rugs) and prints or lithographs when the total declared value of the Shipment exceeds five hundred U.S. dollars (US$500.00) or when the declared value exceeds fifty U.S. cents (US$0.50) per pound, per piece. Forwarder shall not be liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of any of the foregoing articles, however described or misdescribed in this airbill, and no employee or agent of Forwarder has any authority to accept for transportation such articles or to waive the limitations herein contained.

10. Shipper shall limit all packages containing hazardous materials/dangerous goods to the materials and quantities authorized for air transportation under the U.S. Department of Transportation (“USDOT”) hazardous materials transportation regulations (49 C.F.R. Parts 171, 172, and 173) and the current edition of the International Air Transport Association (“IATA”) Dangerous Goods Regulations (together “HM/DG Regulations”). Shipper shall ensure that each Shipment requiring a Shipper’s Declaration of Dangerous Goods under the IATA Dangerous Goods Regulations is accompanied by properly executed Declaration documents in conformity with the requirements of such IATA Regulations. Shipper shall also ensure, and Shipper hereby certifies, that, before tendering any Shipment containing hazardous materials/dangerous goods to Forwarder, the contents of this consignment are fully and accurately described on the shipping papers by proper shipping name; are not prohibited for transport by air by the HM/DG Regulations; and are properly classified, packaged, marked, and labeled, and in proper condition for carriage by air as required by the HM/DG Regulations. Shipper hereby declares that all of the applicable air transport requirements have been met. This Paragraph shall apply regardless of the routing or transportation mode by which the Shipment is transported. Forwarder reserves the right to reject any Shipment containing any known or suspected dangerous goods.

11. If the Shipper does not complete all the documents required for the service, or if the documents submitted are not appropriate for the service or destination requested, Forwarder may in its discretion, and where permitted by law, complete, correct, or replace the documents for the Shipper at the Shipper’s expense, and at Shipper’s risk, but is not obligated to do so. The terms of the airbill shall apply regardless of Forwarder’s completion of a substitute form of air waybill to complete the receipt or delivery of the shipment. Forwarder shall not be liable to the shipper or any other person for its actions under this provision.

12. Any Shipment is subject to inspection, however, Forwarder is not obligated to perform such inspection, except as may be required by law. Forwarder reserves the right to reject any Shipment for any reason whatsoever, including but not limited to, safety or security concerns.

13. Shipper acknowledges that Forwarder, like all indirect air carriers, is required by the Transportation Security Administration of the U.S. Department of Homeland Security (“TSA”) to maintain an air cargo security program. If Shipper is acting as an agent, authorized representative, broker, carrier, or other freight intermediary for any other person or entity, Shipper shall disclose that fact to Forwarder and shall assist Forwarder in complying with the TSA requirements by enabling Forwarder to obtain any necessary documents from, or otherwise qualify, such other person or entity. As required by TSA regulations (49 C.F.R. § 1548.9(b)), Shipper hereby consents to a search or inspection of the cargo, including screening of the cargo. If Shipper, as the person who originates and tenders cargo for air transportation or as such person’s representative, is an individual (natural person), such person shall advise Forwarder of that fact, and Forwarder shall, if required by law, provide Shipper or such person with a Privacy Act Notice.

14. Rates and charges for this Shipment shall be based on actual or dimensional weight, whichever is greater.

15. Forwarder’s care, custody, and control over the Shipment shall commence when the Shipment is safely received by Forwarder or its authorized agent, and shall terminate when delivered to the consignee, owner or any other party entitled to receive the Shipment or to such other destination as Shipper may designate.

16. FORWARDER SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, INTEREST, UTILITY, OR LOSS OF MARKET, WHETHER OR NOT FORWARDER KNEW OR HAD REASON TO KNOW THAT SUCH DAMAGES MIGHT BE INCURRED. Due to the nature of the transportation business, Forwarder does not guarantee pick up, transportation, or delivery by a stipulated date or a stipulated time, nor shall Forwarder be liable for the consequences of failure to do so.

17. The following provisions shall apply to all claims for loss, damage, or delay. Forwarder shall be given notice of any claim for loss or damage in writing within ten (10) calendar days after the delivery the Shipment or, of any claim for delay, within seventeen (17) calendar days of the date of tender to the consignee. The notice of claim shall include complete consignor and consignee information, the airbill reference number, the date of the Shipment, the number of pieces, and the Shipment weight. Failure to provide Forwarder with notice in the manner and within the time limits set forth herein shall result in the claim being denied. Forwarder is not obligated to act on any claim until all transportation charges have been paid. The claim amount may not be deducted from these charges or from any outstanding balance owed to Forwarder without the prior written approval of Forwarder. All of the original shipping containers, packing, packages, and contents shall be available for Forwarder’s inspection and retained until the claim is resolved. Except as otherwise provided for herein, receipt of the Shipment by the consignee without written notice of damage on the airbill or delivery receipt shall be considered to be prima facie evidence that the Shipment was delivered in good condition. For claims involving concealed damage not discovered at the time of delivery, Shipper or consignee shall notify Forwarder as promptly as possible after the discovery of the damage, and in any event not later than ten (10) calendar days after the date of delivery. Under no circumstances shall Forwarder be liable for loss, damage, or delay to the external shipping containers used in the transportation of the Shipment. Any lawsuit to enforce a claim shall be brought against Forwarder within two (2) years from the date of delivery of the Shipment or from the date on which the Shipment should have been delivered. The failure of Shipper to comply with the notice provisions specified herein shall be an absolute bar to any such lawsuit filed against Forwarder.

18. In the event of the failure or inability of the consignee to take delivery of the Shipment, Forwarder shall notify Shipper in writing at the address shown on the shipping document and request disposition instructions. If Shipper fails to provide disposition instructions within thirty (30) calendar days after the date of Forwarder’s notice, Forwarder shall return the Shipment to Shipper at Shipper’s expense. If Shipper fails to accept delivery of a Shipment thus returned, Forwarder may, upon thirty (30) calendar days written notice to Shipper, dispose of the Shipment at public or private sale and pay itself out of the proceeds to satisfy the transportation and storage charges owing on the Shipment. Any sums collected by Forwarder in excess of such transportation charges shall be paid to Shipper. No sale or disposal pursuant to this rule shall discharge any liability or lien to any greater extent than the proceeds thereof. The Shipper and the consignee shall remain liable, jointly and severally, for any deficiency.

19. Forwarder shall not be liable for loss, damage, delay or monetary loss of any type caused by: Acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical failures; aircraft failures; civil commotions; acts or omissions of customs or quarantine officials; the nature and inherent vice of the freight or any defects thereof; public enemies; hazards incident to a state of war; acts of terrorism; and by acts, defaults or omissions of Shipper or consignee for failure to observe the terms and conditions of the contract of carriage contained in this shipping document, including but not limited to improper packaging, classifying, marking, labeling, incomplete/inaccurate shipping instructions, and failure to observe the rules relating to freight not acceptable for transportation or to freight acceptable only under certain conditions outlined below.

20. If this is an international Shipment, all of the following terms shall govern: (a) all rules relating to liability as established by the Warsaw Convention or the Montreal Convention, whichever is deemed applicable, shall apply; (b) except as otherwise provided in Forwarder’s tariffs or conditions of carriage and as to carriage to which the Warsaw Convention or Montreal Convention does not apply, Forwarder’s liability shall not exceed twenty U.S. dollars (US$20.00) per kilogram or the equivalent of goods lost, damaged, or delayed, unless a higher value is declared by Shipper and a supplementary charge paid; (c) Forwarder accepts this shipping document as Shipper’s letter of instructions with authorization to prepare and sign on Shipper’s behalf an international shipping document; (d) Forwarder reserves the option to act as agent of the carrier, instead of as a forwarder, in which event the direct carrier’s tariffs shall apply to this Shipment; and (e) Shipper may select by inserting on the face of this shipping document cargo coverage based on insurance and/or declared value for carriage.

21. Collect on Delivery (C.O.D.) service is provided under the following conditions: (a) Shipper shall identify the Shipment as a C.O.D. shipment by entering the amount to be collected in the “Shipper’s C.O.D. Box” on the front of this shipping document, (b) Shipper shall specify the type of payment to be received (for example, cash, check, money order, or cashier’s check) in the “Special Services Box” on the front of this shipping document and (c) Forwarder and Shipper agree that Forwarder does not guarantee nor verify that a check, money order, cashier’s check, or other such financial instrument is valid or negotiable. All payments are collected at Shipper’s risk. Unless inserted otherwise on the face of this shipping document, the C.O.D. amount of the Shipment shall be deemed to be the declared value for carriage amount. This declared value for carriage amount in excess of fifty U.S. cents (US$0.50) per pound, per piece, shall be subject to an excess valuation charge. Unless prior arrangements are made, the acceptance of cash by Forwarder and its agents for payment of freight charges and/or C.O.D. amounts is limited to a maximum of two thousand U.S. dollars (US$2,000.00) per Shipment and/or stop. Payment of freight charges and/or C.O.D. amounts in excess of two thousand U.S. dollars (US$2,000.00) shall be remitted by cashier’s check, certified check, money order, or consignee’s check as authorized by Shipper in writing.

22. Forwarder shall have the right to, for any reason, (a) substitute alternate carriers or other means of transportation (including all ground transportation) and (b) select the routing or deviate from that shown on the face hereof. If Shipper requests motor carrier service or if Forwarder decides that Shipper’s Shipment should be transported by motor carriage rather than air, Forwarder shall arrange with authorized motor carrier(s) to perform such transportation, which shall be done as “contract carriage” within the meaning of 49 U.S.C. § 13102(4)(B) on the same terms as contained in this Agreement. Shipper expressly waives all rights and remedies it may have as to Forwarder and its subcontractor motor carriers under 49 U.S.C. Subtitle IV, Part B (excluding §§ 13703, 13706, 14101 and 14103) to the full extent permitted by 49 U.S.C. § 14101(b)(1), each as amended from time to time, and Shipper hereby agrees to the cargo liability standards and limitations set forth in these terms and conditions as to such motor carrier Shipment (including but not limited to Paragraphs 8, 12, 14, and 15).

23. The Shipper and the consignee shall be liable jointly and severally for all unpaid charges payable on account of this Shipment pursuant to this airbill contract and to pay or indemnify Forwarder for claims, fines, penalties, damages, costs (storage, handling, reconsignment, return of freight to Shipper, etc.) or other sums which may be incurred by Forwarder by reason of any violation of this contract or any other default of Shipper or consignee or their agents. All invoices not paid within 30 days of invoice date shall be subject to a charge of one and one-half percent (1-1/2%) per month, together with all collection costs incurred by Forwarder, including attorney fees.

24. Forwarder shall have a lien on any and all documents and Shipments of Shipper under Forwarder’s actual or constructive possession or control for monies owed to Forwarder with regard to the Shipment on which the lien is claimed, prior Shipment(s) or both. In the event Forwarder exercises its lien it shall notify Shipper of the exact amount of monies due and owing by Shipper. Forwarder shall also notify Shipper of all storage and continuing charges accruing on Shipments subject to carrier’s lien. Forwarder may refuse to surrender possession of the Shipment(s) until such charges are paid. Forwarder shall release its lien upon receipt of payment by Shipper of the total amount due. In the event Shipper does not satisfy Forwarder’s lien within fifteen (15) days of Forwarder’s exercise of the lien, Forwarder shall have the right, but not the obligation, to sell such Shipment(s) at public or private sale or auction without further notice to Shipper.

25. Shipper and consignee shall indemnify and hold Forwarder and its agents harmless for loss/damage/delay or any monetary losses which are a result of auxiliary services including but not limited to local cartage, crating, uncrating, packing, and unpacking which are requested by Shipper or consignee and arranged by Forwarder as a customer service unless such services are actually performed by Forwarder or its agents. Such indemnity obligation shall extend to the selection by Forwarder of the providers of the auxiliary services. Auxiliary services are those which are performed prior or subsequent to transportation and which may be billed directly by the provider of the services or by Forwarder. Providers of auxiliary services are contractors for Shipper or consignee and not agents of Forwarder. Local cartage is the movement of unpackaged/uncrated freight.

26. These terms and the services provided by Forwarder under this airbill shall be governed by and subject to the applicable federal law of the United States and by the laws of the State of New York, without regard to the choice-of-law rules of New York or any other State. SHIPPER AND FORWARDER AGREE THAT ANY CLAIM OR DISPUTE ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, WHETHER UNDER FEDERAL, STATE, LOCAL, OR FOREIGN STATUTES, REGULATIONS, OR COMMON LAW, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SERVING ORCHARD PARK, NEW YORK. SHIPPER AND FORWARDER HEREBY CONSENT TO THE JURISDICTION OF SUCH COURTS. In the event Shipper files an action against Forwarder, Shipper hereby consents to any Forwarder-instituted transfer of such action to any other venue in which Forwarder is a party or subsequently becomes a party to an action concerning loss, damage or delay to the cargo that is the subject of Shipper’s action. Should Forwarder successfully defend itself or any legal actions brought by any party with an interest in this Shipment, Forwarder shall be entitled to reasonable attorney fees and costs. NOTE: In lieu of legal actions, any disputed claim not greater than fifteen thousand U.S. dollars (US$15,000.00), and all claims arising in the event of bankruptcy of Shipper, shall be settled through binding arbitration submitted to the Transportation Arbitration Board or the American Arbitration Association under its cargo claim arbitration program. An alternative arbitrator is to be selected by Forwarder if the claim is unacceptable for arbitration by both of the foregoing arbitration organizations. The parties agree that no consolidated claims or class actions shall be arbitrated.

27. Any failure to enforce or apply a term or provision of the airbill, or of these Terms, shall not constitute a waiver of that term or provision by Forwarder, and shall not diminish or impair Forwarder’s right to enforce such term or provision in the future. No subcontractor, agent, or contracting carrier, or other provider has the authority to waive or vary any of these Terms. Only an authorized officer of Forwarder is authorized to change or modify these terms and any change or modification shall be in writing.

28. NAC is committed to conducting operations with the highest standards of business conduct and ethics. It is important that our customers and suppliers understand that we believe a strong and proactive culture of ethics is critical to all of our success and growth. NAC expects all vendors and agents to act within the spirit of our code of ethics and business conduct in order to maintain an ongoing business relationship. Please refer to our ethics page for further detail on our ethics and business conduct program.

Rev. 04/22/19

NATIONAL AIR CARGO, INC. INTERNATIONAL CONDITIONS OF CARRIAGE

These International Conditions of Carriage apply only to shipments other than any (a “Domestic U.S. Shipment”) that originates in, is destined for, and does not include an ultimate destination or stop outside of the United States or any U.S. territory, possession, or commonwealth. For Domestic U.S. Shipments, please see the National Air Cargo, Inc. U.S. Terms and Conditions.

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 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 subparagraph 4 unless a higher value is declared.

CONDITIONS OF CONTRACT

1. In this contract and the Notices appearing hereon:

CARRIER includes the air carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.

SPECIAL DRAWING RIGHT (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 carriage:

• the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929;
• that Convention as amended at The Hague on 28 September 1955;
• that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.

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

2./2.1 Carriage is subject to the rules relating to 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;

2.2.2 provisions contained in the air waybill, 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;

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 on the face hereof or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be 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 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 Carrier’s limit of liability shall be only the weight of the package or packages lost, damaged or delayed.

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 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 a shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same air waybill 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 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 authorized 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 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 Carrier by the person entitled to delivery. Such complaint must be made:

10.1.1 In the case of damage to the cargo, immediately after discovery of the damage and at the latest 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.

10.1.3 In the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or if any air waybill has not been issued, 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 whose air waybill was used, 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 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 cargo 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 Carrier has authority to alter, modify or waive any provisions of this contract.

NATIONAL’S INTERNATIONAL CONDITIONS OF CARRIAGE

13. Supplemental Definitions. As used throughout this contract:

13.1 “National’s International Conditions of Carriage” means the “Conditions of Contract” set forth in Paragraphs 1-12 herein, as supplemented by Paragraphs 13-32 herein.

13.2 “National” means National Air Cargo, Inc. National is a Carrier as defined in 1 above.

13.3 “Shipment” and “shipment” mean all pieces which are tendered to and are accepted by Carrier on a single airbill.

13.4 “Shipper” and “shipper” mean the party that tendered the Shipment, requested the Shipment be transported by Carrier, has an interest in the Shipment, or acts as an agent for any of the above.

13.5 The term “this contract” means the face of National’s Airbill and National’s International Conditions of Carriage.

13.6 The term “conveyance” means any steamer, vessel, barge, aircraft, truck, trailer, or rail car, or any connecting conveyance while in the ordinary course of transit by land, sea, or air.

14. Agreement to Terms. By tendering a Shipment to National or arranging with National for a Shipment’s transportation or signing National’s Airbill, Shipper agrees to all of National’s International Conditions of Carriage. In case of a conflict between any of the terms set forth in 1-12 herein and 13-32 herein, the terms set forth in 13-32 shall control. In case of conflict between National’s International Conditions of Carriage and the tariff of National, the tariff shall control. In case of a conflict between a separate written agreement between National and Shipper and National’s International Conditions of Carriage or any tariff, the terms of the separate written agreement shall control. Tariffs are available at all National offices for inspection and upon request by Shipper. In the event any Shipment is tendered to Carrier on a straight bill of lading or any other shipping document, Shipper agrees that National’s International Conditions of Carriage, as well as the terms and conditions in the tariff of Carrier shall supersede any rules, regulations or contractual terms contained on the shipping document on which the Shipment was tendered.

15. Completion of Airbill and Packaging. Shipper certifies and represents to Carrier that the information inserted on the face of National’s Airbill is complete and accurate. Shipper warrants that each package in the Shipment is properly, accurately, and completely described on the shipping document, is properly classified, marked, labeled, and addressed, is packaged adequately to protect the enclosed goods to insure safe transportation with ordinary care and handling, and except as noted, is in good order and condition. For articles shipped in un-enclosed containers, Carrier shall not be liable for damage or loss unless mishandling and/or loss is evident and is so noted on the delivery receipt at the time of delivery. NOTE: Any Shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling.

16. Limitations on Liability.

16.1 Carrier shall not be liable for any loss, damage, misdelivery, delay, non-delivery not caused by its own negligence, or any loss, damage, delay, misdelivery, or non-delivery caused by the act, default or omission of Shipper, the consignee, or any other party that claims an interest in the shipment; the nature of the shipment or any defect, characteristic, or inherent vice thereof; act of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, acts, or omissions of customs or quarantine officials, riots, strikes, civil commotions, hazards incident to a state of war, weather conditions, or delay of aircraft or other vehicles used in providing transportation services; acts or omissions of any Carrier or other entity or person to which a shipment is tendered by National for transportation beyond that provided by National, regardless of whether the Shipper requested or had knowledge of such third party delivery arrangement.

16.2 The following articles shall not be accepted for carriage: any Shipment prohibited by law; household goods and/or personal effects; original works of art, antiques, bonds, coins of any kind, currency, currency equivalents, furs, fur clothing, gems or stones (cut or uncut), industrial diamonds, gold or silver, coined concentrates, jewelry (other than costume jewelry), pearls, precious metals, securities (negotiable), time sensitive written material (for example, bids, contract proposals, etc.), when the declared value exceeds fifty U.S. cents (US$0.50) per pound; or one-of-a-kind articles or models, prototypes, valuable rugs (that is, Oriental rugs, Persian rugs) and prints or lithographs when the total declared value of the Shipment exceeds five hundred U.S. dollars (US$500.00) or when the declared value exceeds $0.50 per pound, per piece. Carrier shall not be liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of any of the foregoing articles, however described or misdescribed in National’s Airbill, and no employee or agent of Carrier has any authority to accept for transportation such articles or to waive the limitations herein contained.

16.3 Under no circumstances shall Carrier be liable for punitive or exemplary damages, or special or consequential damages or other indirect loss, however arising whether or not Carrier has knowledge or should have had knowledge that such damages might be incurred, including, but not limited to loss of profits, income, interest, utility or loss of market.

16.4 While National shall endeavor to provide delivery in accordance with regular delivery schedules, National shall not, except as the Convention may otherwise require, under any circumstances, be liable for delay in pick up, transportation or delivery of any shipment regardless of the cause of the delay.

17. Declared Value. Shipper assumes all risk of any loss, damage, or delay in excess of the liability limitations set forth herein unless a higher value is declared on the front of this airbill and the additional applicable charges are paid to National. If Shipper sends more than one piece on an airbill, Shipper shall specify the declared value for each piece; otherwise, the declared value for each piece shall be determined by dividing the total declared value by the number of pieces on the airbill. The maximum declared value per Shipment is one hundred thousand U.S. dollars (US$100,000), and any effort to declare a value in excess of this maximum, except by obtaining written authorization from a corporate officer of National, shall be null and void. Regardless of the value declared, the number of Shipments transported by Carrier, or the number of distinct shippers affected by a disaster, accident, or other event, Carrier’s liability for loss, damage, or delay shall not be more than two million U.S. dollars (US$2,000,000) by any one conveyance, or in any one place, or at any one time, or in any one disaster, accident, or other occurrence. Regardless of the value declared, Carrier’s liability for loss, damage or delay shall not exceed the Shipment’s repair cost, depreciated value or replacement cost, whichever is less.

18. Claims Procedures.

18.1 Except as noted in 5.2, no claim shall be processed by Carrier until all transportation charges have been paid. The amount of a claim may not be deducted from the transportation charges.

18.2 In the event of a claim the Shipment, its container(s), and its packing material shall be made available to Carrier for inspection at the delivery location shown on the Airbill. Written notice as required herein shall be dispatched to National at the following address: National Air Cargo, Inc., Attention: Claims Department, 350 Windward Drive, Orchard Park, New York 14127.

19.

Overcharges and Duplicate Payments

. Claims for overcharges or duplicative payments shall be made in writing and are extinguished unless received by National within one (1) year after the date of acceptance of the shipment by National.

20. Right of Inspection and Screening. Shipper hereby consents to a search or inspection of the cargo, including screening of the cargo, by Carrier, the Transportation Security Administration of the U.S. Department of Homeland Security (“TSA”), or other authorized government authorities. Carrier is not obligated to open and inspect the contents of any Shipment. Carrier shall have the right to refuse any article, the transportation of which is prohibited by its tariffs or by applicable law, orders or regulations, or the transportation of which, in National’s judgment, would be unsafe. If such Shipment should be accepted or transported, Carrier reserves the right to remove it and, if necessary, to abandon it. Where circumstances permit, such Shipment shall be stored at Shipper’s expense pending receipt of disposition instructions from Shipper.

21. Right to Reject, Re-Route, or Use Different Mode of Transportation.

21.1 Carrier reserves the right to reject any Shipment for any reason whatsoever, including but not limited to, safety or security concerns. It is agreed that no time is fixed for the completion of carriage hereunder and that Carrier may, without notice and for any reason, (a) substitute alternate carriers or other means of transportation (including ocean and/or ground transportation) and (b) select the routing or deviate from that shown on the face hereof. Carrier assumes no obligation to forward the goods by any specified carrier, transportation mode, or route or to make connection at any point according to any particular schedule, and Carrier is hereby authorized to select, or deviate from, the transportation mode(s), carrier(s), or route(s), notwithstanding that the same may be stated on the face hereof. Shipper, consignee, and owner, jointly and severally guarantee payment of all charges and advances arising in such instances.

21.2 If Shipper requests motor carrier service or if National decides that Shipper’s shipment should be transported by motor carriage rather than air for all or part of the transportation, National shall arrange with authorized motor carrier(s) to perform such transportation, which shall be done either as exempt carriage as defined by 49 U.S.C. § 13506(a)(8), or, if not exempt, as “contract carriage” within the meaning of 49 U.S.C. § 13102(4)(B) on the same cargo liability limitations and terms as contained in National’s International Conditions of Carriage. Shipper expressly waives all rights and remedies it may have as to National and its subcontractor motor carriers under 49 U.S.C. Subtitle IV, Part B (excluding §§ 13703, 13706, 14101, and 14103) to the full extent permitted by 49 U.S.C. § 14101(b)(1), each as amended from time to time.

22. Hazardous Materials/Dangerous Goods. Shipper shall limit all packages containing hazardous materials/dangerous goods to the materials and quantities authorized for air transportation under the U.S. Department of Transportation (“USDOT”) hazardous materials transportation regulations (49 C.F.R. Parts 171, 172, and 173) and the current edition of the International Air Transport Association (“IATA”) Dangerous Goods Regulations (together “HM/DG Regulations”). Shipper shall ensure that each Shipment requiring a Shipper’s Declaration of Dangerous Goods under the IATA Dangerous Goods Regulations is accompanied by properly executed Declaration documents in conformity with the requirements of such IATA Regulations. Shipper shall also ensure, and Shipper hereby certifies, that, before tendering any Shipment containing hazardous materials/dangerous goods to Carrier, the contents of this consignment are fully and accurately described on the shipping papers by proper shipping name; are not prohibited for transport by air by the HM/DG Regulations; and are properly classified, packaged, marked, and labeled, and in proper condition for carriage by air as required by the HM/DG Regulations. Shipper hereby declares that all of the applicable air transport requirements have been met. This Paragraph shall apply regardless of the routing or transportation mode by which the Shipment is transported. Carrier reserves the right to reject any Shipment containing any known or suspected dangerous goods.

23. Storage. If for any reason, it is impossible for Carrier to complete this contract or if the consignee fails to accept delivery of the Shipment or any part thereof, Carrier shall notify Shipper and then may store the goods at the storage rates provided in its tariffs or, at its option may store the goods in the public warehouse in which event the storage rates charges by such warehouse shall apply. Goods which remain unclaimed for a period of thirty (30) days from the date of notice to Shipper may be sold by Carrier at public or private sales and the proceeds of such sale may be applied against any outstanding freight charges, advances or charges of any kind which are due. Any balance remaining after payment of such charges shall be remitted to Shipper, the consignee, or owner. However, Shipper, consignee, and owner shall remain jointly and severally liable to Carrier for any deficiency should the proceeds of such sales be insufficient to offset all charges due Carrier with respect to the goods. Shipper and consignee agree jointly and severally to indemnify Carrier and to hold carrier harmless against all loss and expense, including attorney’s fees of whatever nature brought by any other owner or other person having an interest in the goods sold under this provision.

24. Custom Duties and Other Fees. Carrier is authorized (but shall be under no obligation) to advance any duties, taxes, or charges and to make any disbursements with respect to the goods, and Shipper, owner and consignee shall be jointly and severally liable for the reimbursement thereof. Carrier shall be under no obligation to incur any expense or to make any advance in connection with the forwarding or reforwarding of the goods except against repayment by Shipper. If it is necessary to make customs entry of the goods at any place, the goods shall be deemed to be consigned at such place to the person named on the face hereof as customs consignee or, if no such person be named, to such customs consignee as Carrier may designate.

25. Lien Rights. National shall have a lien on any and all documents and Shipments of Shipper under National’s actual or constructive possession or control for monies owed to National with regard to the Shipment on which the lien is claimed, prior Shipment(s) or both. In the event National exercises its lien it shall notify Shipper of the exact amount of monies due and owing by Shipper. National shall also notify Shipper of all storage and continuing charges accruing on Shipments subject to National’s lien. National may refuse to surrender possession of the Shipment(s) until such charges are paid. National shall release its lien upon receipt of payment by Shipper of the total amount due. In the event Shipper does not satisfy National’s lien within fifteen (15) days of National’s exercise of the lien, National shall have the right, but not the obligation, to sell such Shipment(s) at public or private sale or auction without further notice to Shipper.

26. Payment Term. All charges are due and payable upon receipt of the invoice. Any payment which is past due shall be subject to an additional charge of one and one-half percent (1-½%) per month of the outstanding balance due or the maximum interest rate permitted by applicable law, whichever is less, together with all collection costs, including reasonable attorney fees, incurred by Carrier.

27. Severability. If any provision contained or referred to in National’s Airbill may be contrary to mandatory law, government regulations, orders, or requirements, such provision shall remain applicable to the extent that it is not overridden thereby. The invalidity of any provision shall not affect any other part hereof.

28. Shipper’s Indemnities. Shipper and consignee shall indemnify and hold Carrier and its agents harmless for loss/damage/delay or any monetary losses which are a result of auxiliary services including but not limited to local cartage, crating, uncrating, packing, and unpacking which are requested by Shipper or consignee and arranged by Carrier as a customer service unless such services are actually performed by Carrier or its agents. Such indemnity shall extend to the selection by Carrier of the providers of the auxiliary services. Auxiliary services are those which are performed prior or subsequent to transportation and which may be billed directly by the provider of the services or by Carrier. Providers of auxiliary services are contractors for Shipper or consignee and not agents of Carrier. Local cartage is the movement of unpackaged/uncrated freight. NOTE: Under no circumstances shall the liability of Carrier for any monetary loss which is a result of any auxiliary services performed by Carrier or its agents be greater than the liability set forth in this contract, even if such loss was foreseeable.

29. Dispute Resolution and Governing Law. The National’s International Conditions of Carriage and the services provided by Carrier under National’s Airbill shall be governed by and subject to the applicable federal law of the United States and by the laws of the State of New York, without regard to the choice-of-law rules of New York or any other State. SHIPPER AND CARRIER AGREE THAT ANY CLAIM OR DISPUTE ARISING FROM OR IN CONNECTION WITH THIS CONTRACT, WHETHER UNDER FEDERAL, STATE, LOCAL, OR FOREIGN STATUTES, REGULATIONS, OR COMMON LAW, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SERVING ORCHARD PARK, NEW YORK. SHIPPER AND CARRIER HEREBY CONSENT TO THE JURISDICTION OF SUCH COURTS. In the event Shipper files an action against Carrier, Shipper hereby consents to any Carrier-instituted transfer of such action to any other venue in which Carrier is a party or subsequently becomes a party to an action concerning loss, damage or delay to the cargo that is the subject of Shipper’s action. Should Carrier successfully defend itself or any legal actions brought by any party with an interest in this Shipment, Carrier shall be entitled to reasonable attorney fees and costs. NOTE: In lieu of legal actions, any disputed claim not greater than fifteen thousand U.S. dollars (US$15,000.00), and all claims arising in the event of bankruptcy of Shipper, shall be settled through binding arbitration submitted to the Transportation Arbitration Board or the American Arbitration Association under its cargo claim arbitration program. An alternative arbitrator is to be selected by Carrier if the claim is unacceptable for arbitration by both of the foregoing arbitration organizations. The parties agree that no consolidated claims or class actions shall be arbitrated.

30. Domestic Shipments. In the event that National’s Airbill is used for domestic freight movement (any shipment that originates in, is destined for, and does not include an ultimate destination or stop outside of the United States or any U.S. territory, possession, or commonwealth), Carrier’s limitation of liability for lost, damaged or delayed freight shall be the lesser of: (A) the amount of the damages actually sustained and proven or (B) the greater of $0.50 per pound multiplied by the weight of the shipment, or $50.00 per shipment plus freight charges applicable to that part of the Shipment lost, damaged or delayed unless a different declared value is specified by Shipper in the manner set forth in Section 17 hereof.

31. Shipments to Which Convention Does Not Apply, Other Than Domestic Shipments. For carriage that is not a domestic shipment as addressed in Paragraph 30 and to which neither the Warsaw Convention nor the Montreal Convention applies, Carrier’s limitation of liability for lost, damaged, or delayed freight shall be 19 SDR per kilogram, plus freight charges applicable to that part of the Shipment lost, damaged or delayed unless a different declared value is specified by Shipper in the manner set forth in Section 17 hereof.

32. Cargo Security Requirements. Shipper acknowledges that National, like all indirect air carriers, is required by TSA to maintain an air cargo security program. If Shipper is acting as an agent, authorized representative, broker, carrier, consolidator, or other freight intermediary for any other person or entity, Shipper shall disclose that fact to National and shall assist National in complying with the TSA requirements by enabling National to obtain any necessary documents from, or otherwise qualify, such other person or entity. If Shipper, as the person who originates and tenders cargo for air transportation or as such person’s representative, is an individual (natural person), such person shall advise National of that fact, and National shall, if required by law, provide Shipper or such person with a Privacy Act Notice.

33. Code of Ethics and Business Conduct. National Air Cargo, Inc. is committed to conducting operations with the highest standards of business conduct and ethics. It is important that our customers and suppliers understand that we believe a strong and proactive culture of ethics is critical to all of our success and growth. National Air Cargo, Inc. expects all vendors and agents to act within the spirit of our code of ethics and business conduct in order to maintain an ongoing business relationship.

Please refer to our integrity and ethics information for further detail on our ethics and business conduct program.

Rev. 03/15/12

We operate exclusively in accordance with the Allgemeine Deutsche Spediteurbedingungen 2017 – ADSp 2017- (German Freight Forwarders’ General Terms and Conditions 2017). Note: In Clause 23 the ADSp 2017 deviates from the statutory liability limitation in section 431 German Commercial Code (HGB) by limiting the liability for multimodal transportation with the involvement of sea carriage and an unknown damage location to 2 SDR/kg and, for the rest, the customary liability limitation of 8,33 SDR/kg additionally to Euro 1,25 million per damage claim and EUR 2,5 million per damage event, but not less than 2 SDR/kg.

For the full list of the ADSp 2017 terms and conditions please click here.

Wir arbeiten ausschlieβlich auf Grundlage der Allgemeinen Deutschen Spediteurbedingungen 2017 – ADSp 2017 – Hinweis: Die ADSp2017 weichen in Ziffer 23 hinsichtlich des Haftungshöchstbetrages für Güterschäden (§ 431 HGB) vom Gesetz ab, indem sie die Haftung bei mutimodalen Transporten unter Einschluss einer Seebeförderung und bei unbekanntem Schadenort auf 2 SZR/kg und im Übrigen die Regelhaftung von 8,33 SZR/kg zusätzlich auf 1,25 Millionen Euro je Schadenfall sowie 2,5 Millionen Euro je Schadenereignis, mindestens aber 2 SZR/kg, beschränken.

Einen kompletten Auszug der allgemeinen Geschäftsbedingungen der ADSp 2017 finden Sie hier.

Traduccion del idioma aleman haga clic aquí.