1. Introductory Provision
   1. These General Terms and Conditions (hereinafter referred to as “Terms and Conditions“) specify the business and legal relations between the Service Provider, which is the company SkyParcel Group, (hereinafter referred to as the “Provider“) and the ordering party (hereinafter referred to as the “Client“).
   2. The Provider is the owner of skyparcel.co.za (hereinafter referred to as the “Website”) and all copyright and related rights associated with the name and brand of skyparcel.co.za.
   3. The Forwarding Contract is concluded in writing, or arises at the precise moment when the Provider accepts the Client’s request (via the website, by e-mail, via mobile application or by telephone) to carry the consignment under the conditions as specified by the Client. The Provider reserves the right that each Order of Services by the Client is also expressed by consent to the Business Terms and Conditions and assumes respect for the provisions contained therein.
   4. By the Forwarding Contract, the Client entrusts the Provider by concluding the Forwarding Contract with the Carrier, which fulfils the conditions for providing the service. The Contract is completed by the Provider in its own name on behalf of the Client. The Provider does not carry out the transportation of consignments. The Provider only procures the Transport Services – the Carrier – with the necessary care to best suit the Client’s interests. The Provider shall not be liable for the performance of the procured consignment shipped by it. The Carrier, selected by the Provider, is responsible for accepting, transporting and delivering the consignment and arranging the consignment, and is responsible for carrying out the Consignment.
   5. All contractual relations between the Provider and the Client are concluded in accordance with the laws of the Republic of Ireland.
   6. Consignment parameters and shipping conditions are governed by the Terms and Conditions of the selected Carrier. Complaints are governed solely by the Carrier’s Complaints Procedure, in which the alleged damage event occurred.
   7. The Terms and Conditions of the selected Carrier are attached to the Forwarding Contract and become a part of the Provider’s Terms and Conditions. The Client agrees with them by confirming the order.
2. Terminology
   1. The Provider (Shipping Forwarder) – arranges consignment of the Consignment, in its own name, on the Client’s behalf.
   2. Client (Client / Clients): physical or legal entity ordering services with the Provider.
   3. Carrier (Contractual Carrier, Sub-Carrier): entity different from the Provider, specialized in external transport or is a courier company, which physically transports the consignment and is mediated by the Provider.
   4. Own Courier: entity different to the Provider, contractual partner of the Provider and the Client, to which the Provider transmits data constituting the Client’s Consignment based on the Partial Data Transfer Agreement. The Provider does not arrange the Carrier at the Own Courier, it only transmits the data to the contracted Carrier.
   5. Sender: actual person handing over a consignment to a courier.
   6. Consignee (Addressee): entity designated as such on the consignment, for whom the consignment is intended.
   7. Comparative and Ordering System (Ordering System, skyparcel.co.za): online reservation service allowing comparison and booking of transport services provided by the Provider’s partners (Carriers), consignment management and payments for services by the Client. Used to record data related to content, weight, dimensions, value of consignments and address data, based on which it calculates the cost of shipping, which is binding to the Provider.
   8. Identification Number, skyparcel.co.za: unique code generated by the Order System for each order.
   9. Delivery: Sending of the consignment to the designated recipient at the first lockable door of the property at the address given by the Client or for personal collection at drop-off points.
   10. Drop-off and Collection Point: Provider’s drop-off and collection point or selected drop-off and collection point of the contractual Carrier. The current list of drop-off and collection points is available through the Ordering System.
   11. Actual Weight: total weight of the consignment as confirmed by the Provider or Carrier.
   12. Perimeter Length: given by adding the length and circumference of the consignment.
   13. Oversized Consignment: consignment with dimensions and / or shape that does not correspond with the following parameters (unless stated otherwise in the selected Carrier’s conditions):
       
       1. Maximum weight: five hundred kilograms (500kg)
       2. Maximum length: one hundred and seventy-five centimetres (175cm)
       3. Maximum circumferential length: three hundred centimetres (300cm)

       If the volume weight (calculated according to the formula below) exceeds the actual weight, it may be decisive for the Carrier to calculate the price of transport. Price is determined by the resulting volume weight (calculated for consignments with volumes greater than 0.25 m³ [250,000 cm³]. Volume weight = height (cm) x length (cm) x width (cm) / 5000 (though each Carrier may use a different coefficient).

   14. Additional Services: all other extra services outside the simple Consignment Service.
   15. Submission of Data: contract concluded between the Client and the Provider, by which the Provider undertakes to hand over the data entered by the Client about the Consignment through the Ordering System, to the designated Own Carrier.
   16. Transport Label (Label): Document printed for the consignment (package) by the Client, obligatory according to the Carrier’s conditions and service.
   17. Transport (Spedition, Transport Service): service provided by the Carrier. This means receiving, shipping and delivering the consignment.
   18. Courier (Driver): Carrier employee who delivers the Consignment.
   19. Domestic Consignments: consignments transported exclusively within a given country.
   20. International Consignments: consignments transported between two different countries.
   21. P.O. BOX: lockable post office box (Post Office Box).
   22. Business Day: every day except Saturdays, Sundays, public holidays or other public holidays in the country where the parcel is being delivered or transported through.
   23. Credit: summary of the Client’s funds provided to the Provider for the purpose of payment by the Client of the services selected by the Provider – in particular, the provision of the Transportation.
3. Client’s Obligations
   1. The Client undertakes to thoroughly familiarize himself / herself with the Conditions of Transport of each delivery with the Carrier he / she chooses to transport the package(s), before concluding each consignment. In particular, the Client undertakes not to place a package for transport that would be excluded from the carriage for the given Carrier under its Conditions of Carriage and that each parcel will be properly packaged and ready for transport as required by the Carrier’s Transit Conditions. The Client acknowledges that the Carriers are authorized to change and update their Terms and Conditions without notice and at any given time.
   2. The Client declares that all data entered by the Client on the Provider’s website is factual and accurate. In the case of a higher weight or larger consignment than the data entered, the consignment may not be accepted for transportation and is a reason for withdrawal from the contract of carriage. Withdrawal from the contract of carriage for this reason does not affect the entitlement to the agreed compensation for the provision of transport. If the consignment is still accepted for transport, the Client agrees to pay the price difference, according to the new price calculated with the determined parameters and a handling fee of R200 or equivalent. The Provider is not obliged to alert regarding any incomplete or incorrect data.
   3. The extra costs incurred as a result of the Client’s additional requirements for the selected Carrier shall be borne by the Client.
   4. In the event that the Carrier requires printing and attaching the consignment with a label (as stated in the selection of the Carrier on the website and in the transport conditions of the selected Carrier), the Client declares that the label will be printed and handed over to the Carrier together with the relevant labels. If the consignment in question is not labelled at the time of the Carrier’s arrival in accordance with these requirements, the consignment may not be accepted for carriage and is a reason for withdrawal from the contract of carriage. Withdrawal from the contract of carriage for this reason does not affect the entitlement to the agreed remuneration for the provision of transport.
   5. The Client declares that the information contained on the label is correct and in accordance with facts.
   6. The Client is obliged to remove the following from the consignment: all misleading messages, signs, addresses, or previously used labels that are not related to the present consignment. A consignment that does not comply with these Terms may not be accepted for carriage and is a reason for withdrawal from the contract of carriage. Withdrawal from the contract of carriage for this reason does not affect the entitlement to the agreed remuneration for the provision of transport. In this case, the Client undertakes to pay the Shipping Forwarder a handling fee in the amount of the transportation price, according to the current valid price list of the selected Carrier. The same procedure will be followed if the Client arranges the service to be executed through the skyparcel.co.za service but was absent on the day of the Carrier’s arrival for the consignment.
   7. Withdrawal from the contract of carriage for the reasons set out in Parts C and H of the Terms and Conditions shall not affect the right to reimbursement of reasonable costs.
   8. The Client is obliged to ensure proper packaging and thorough securing of the Consignment according to the following conditions:
      
      1. Proper packaging depends on the goods being transported, their physical weight, dimensions and centre of gravity. In case of Parcel Shipping, only a fully sealed parcel in a cardboard box of two (2) or more layers of cardboard may be given, corresponding to the nature and weight of the goods. Since consignments are automatically sorted on running belts, the consignment must be securely packaged. Suitable packaging must also be resistant to falls from a minimum height of one metre. The cardboard box needs to be sealed from each side with adhesive tape.
      2. The Client is obliged to prevent access to the contents of the consignment without leaving visible traces.
      3. The Client is obliged to file a single piece of consignment for transportation as a compact handling unit in proper packaging so that it is protected against loss, damage, or destruction during transportation and handling and that it does not damage the consignments transported, the means of transport used, the transfer facility in the property, or hiring the Shipping Forwarder whilst not endangering the safety of all persons handling the consignment.
      4. Box space needs to be optimally used with appropriate dimensions and sufficient quality of the packaging material, as well as the complete filling of the inside of the box to protect the goods. Proper separation of items in the consignment must be done with appropriate material. Loose packages must be packed in at least in a cardboard package, supplemented with shrink wrap, and / or the empty space inside the package filled with padding or other suitable material to prevent movement of the contents within the package. Damage cannot be claimed for consignments packed only in, for example, foil, shrink wrap or plastic bags.
      5. It is not possible to transport a package from which long and sharp parts protrude.
      6. Fragile goods should be wrapped in polystyrene or wrapped with other soft, wrapping material. Labelling as “Caution Glass” or “Fragile” calls only for extra caution but does not protect the goods and does not release the Sender from his obligation to pack the goods properly.
      7. Goods which are difficult to wrap or are of abnormal dimensions should be protected under packaging film with another suitable packaging material over the goods.
      8. Bottles and jars placed in the consignment must be packed in certified packages for parcel transport. Bottles in the package must be protected with a protective layer placed underneath and above, as well as between bottles.
      9. Bound / tied packages cannot be accepted.
      10. Goods on a pallet must be tied together with strapping tape so that the consignment does not tilt or shift.
      11. Each consignment must be packaged and ready for dispatch correctly. If the quality of the packaging is insufficient, we reserve the right to refuse the consignment or not to provide a complaint procedure. In the event of a gross breach of the Business Terms and Conditions, such as sending goods that are listed on the Prohibited List, insufficient packaging of the consignment with subsequent damage to other consignments or property of the Provider or the Carrier, the Provider reserves the right to be compensated for the damage caused by the Client’s consignment.
      12. If the items are not properly packaged, they will not be covered by insurance. The Client is responsible for any damage or loss of unsuitably packaged Consignments.
   9. The Client undertakes to inform the Recipient (Addressee) that in the event of loss of parts or damage to the consignment, the Recipient is obliged to make a record with the courier immediately, which will include the manner and extent of damage or partial loss. The damage report must be drawn up in the presence of the courier representative (the protocol required must be legibly signed by the Addressee and the courier’s representative delivering the consignment).
   10. The Client shall ensure that the consignment is received at the destination. The Client is obliged to inform the Sender of the concluded contract with the Carrier.
   11. The Carrier and the Provider have the right to ask the Client to provide information on the contents and nature of the Consignment. The Client is obliged to comply with this request for data provision.
   12. All orders made through the Client’s username and password (necessary for the use of all services described in the system) shall be deemed to have been made by the Client.
   13. In the event that the subject of the parcel service is particularly valuable, the Client is obliged to notify the Provider of their true value (either for each item separately or for one package), where each item is worth more than €1000 (or equivalent) or a parcel of the value above that amount is deemed particularly valuable. If the Client has not acknowledged the value of the consignment in the manner described above, any claim from an insurance event will be limited to a case of a consignment worth up to €1000 (or equivalent).
   14. The Client acknowledges that the Client and the Carrier, in cases where there is a reasonable suspicion that the Client’s consignment violates applicable legal regulations, shall immediately notify the relevant institution of such consignment and stop the consignment and arrange the consignments until inspection by the competent authority is completed.
   15. The Client acknowledges that the Provider may require payment to the value of additional services not agreed upon at the conclusion of the Forwarding Contract, which the Client, Consignor or Addressee additionally requires from the Carrier, as well as penalties charged by the Carrier for non-compliance with the transport or Business Terms by the Client.
   16. By placing an order, the Client undertakes that the Consignment will be ready for pick-up at the pick-up address between 08h00 and 18h00 on the selected day. In the event of unforeseen circumstances on the part of the Carrier, the collection may be carried out on the selected day, either earlier or later. Exceptionally, as a result of unforeseen circumstances on the part of the Carrier, the collection may be carried out on the next business day.
4. Provider’s Responsibilities and Obligations
   1. All prices quoted on the Provider’s website include fifteen percent (15%) VAT, unless otherwise stated.
   2. The Provider reserves the right to change the price list. Furthermore, it reserves the right to make changes to the introduction of new services, to modify or cancel valid services and to introduce, cancel or make changes to promotions.
   3. The Provider undertakes, through the Ordering System, to provide the Client with the Transport Services provided by the contractual partners (Carriers). The Provider is entitled to reimbursement for the mentioned services stated in the calculation of the transport price in the Ordering System or as communicated telephonically.
   4. Information relating to the consignment as well as proof of delivery may be retrieved, upon written request, within one year of delivery.
   5. When changing the delivery address during transportation, the Provider or the Carrier shall specify and subsequently deliver the consignment to the correct address. Subsequent delivery after a first unsuccessful delivery attempt may be subject to a charge, subject to the conditions of the selected Carrier and its service.
   6. The Provider undertakes to inform the Client of any information received from the Carrier regarding the transport of the Client’s Consignment.
   7. The general limitation period of rights under the forwarding contract is 3 years. The rights resulting from the complete destruction or loss of a consignment, or its damage or delayed delivery, shall expire in one (1) year. The limitation period shall start from the day on which the consignment was delivered or when it should have been received. The one-year limitation period does not apply to the right arising from intentional damage to the obligation or if the one-year limitation period is to the detriment of the weaker party. Other rights from the forwarding contract are statute-barred at three (3) years.
   8. The Client may order the Provider’s service seven (7) days a week, any time of the day.
   9. The Provider does not provide consignments to P.O. Boxes.
   10. Pickup and Delivery Guarantee:
       
       1. Delivery times and collection dates are always estimated and are only approximate, not guaranteed.
       2. The Provider does not provide a guarantee of delivery, unless it is directly stated in the service description; all these guarantees are taken over by the selected Carrier.
       3. The transport times of the shipping services shall not include the collection day of the consignment by the Carrier, unless otherwise specified, the time required for customs inspections, inspections by competent public authorities, correction of faulty customs documents, etc., delays caused by force majeure or circumstances arising from the operation, as well as circumstances that the Carrier could not avert or anticipate.
       4. In case of non-delivery by the Carrier by the express transport deadline, only the economy delivery price (standard product) is charged.
       5. Compensation for non-delivery at the time of the express product is only the difference between the prices for express delivery and standard delivery.
       6. The base fee does not include additional fees for services used during the ordering process, such as cash on delivery, supplementary insurance, document return, etc.
       7. In the case of personal pick-ups at pick-up points, pick-up of the consignment in question the moment the consignment is collected.
       8. Delivering a consignment on a Saturday or a Sunday is only possible with the indicated services and only if ordered or collected by the Carrier the Friday on immediately preceding the delivery day.
5. Provider’s Limitation of Liability
   1. The Provider does not carry the risk of damage to the consignment during transportation, unless it carries out the consignment itself. The Provider is only liable for damage to the consignment received during the time of arranging the transportation. The Provider shall not be liable for any breach of agreements concluded with the Carrier; therefore, the Provider shall not be liable to the Client for any damage caused by the Carrier’s breach of contract of carriage.
   2. In some cases, the consignment may be returned from the customs office for export or in the country concerned for the content of the goods being transported (dangerous goods, explosive substances, transport of goods that are not permitted to be transported to that country, etc.) – in such cases, it is not possible to claim a refund on transport.
   3. The Provider is not responsible for any non-delivery of the consignment. It shall not be liable for any other (even indirect) damage, shall not be liable for any loss of profit resulting from the use of the skyparcel.co.za service associated with any loss, damage or delay of the consignment. The Provider is not liable for orders not fulfilled for technical reasons, such as the failure of the Provider’s website or mobile application. The Provider is not responsible for the Client’s changes and transactions. The actual damage is the amount by which the value of the Consignment has been reduced.
   4. The Client is obliged to find out all necessary information about the possibility of transporting goods to a chosen destination and the Provider is not responsible for the goods by the being returned Carrier or the customs office due to non-fulfilment of these conditions. It takes the different delivery guidelines and conditions of different shipping companies into account.
   5. If the Client provides incorrect information about the contents of the consignment or if the packaging is incorrect, it is a reason for the waiver of liability for damage or non-delivery of the consignment.
   6. In the event that the Client joins several consignments without placing them in separate boxes and the consignment is separated during transport and the Addressee signs the receipt of the consignment / consignments, the Client cannot exercise any rights resulting from any loss, partial loss or destruction.
   7. In the event of loss or destruction to part of the consignment, compensation shall be calculated in relation to the size of the consignment to which the damage relates.
   8. The Provider shall not be responsible for the consignment to which a different label has been attached or any other label generated by the skyparcel.co.za system, and the Client may have changed the consignment’s addressee or another parameter thereof. However, the consignment contains information about the Provider as a payer.
   9. The Provider is not responsible for the incorrect delivery or non-delivery of the consignment in the event that it has been wrongly or inconclusively addressed or labelled. The required time for customs clearance may vary according to local regulations and the related expenses are borne by the Client or the Addressee. In the case of packages intended for export, if the beneficiary fails to meet its obligations to reimburse the customs clearance expenses, the Client shall be liable for such expenses.
   10. In matters of carrying out of orders and complaints, the Client is the only legitimate owner of the consignment, therefore eventual refunds will be credited to his / her bank account.
   11. Only the Client is authorized to file a complaint with the Provider.
   12. The Client is obliged to notify the Provider of any damage within seven (7) days of the occurrence of the damage. The expiry of that period shall cease any entitlement to compensation for any damage. In the event that the delay or non-delivery of the consignment to the Recipient or non-execution of the agreed order is caused by a strike, labour disputes, blockade, bad weather, heavy traffic, mechanical damage or congestion of roads and highways, or any other cause beyond control of the Provider or Carrier, this is a reason for the liability waiver.
   13. The Provider is not in any way liable for lost revenues, lost profits, loss of markets, loss of reputation, loss of Clients, loss of service or loss of opportunity, even if it could possibly be aware that such damages or losses could arise. Likewise, the Provider shall not be liable in any way for any indirect, incidental, special or consequential damage or loss, whether such damage arose in any way – including, without limitation, breach of contract, negligence or omission.
   14. The Provider shall not be held liable in cases of non-liability of the Carrier under the provisions of international conventions or national law.
   15. The Provider shall not be liable if it fails to comply with any obligations against the Sender, if these obligations arise from:
       
       1. Circumstances beyond the control of the Provider or Carrier, such as natural hazards, earthquakes, cyclones, storms, floods, fires, diseases, fog, snow or frost.
       2. Influences by higher powers, in particular: wars, accidents, acts of public enemies, strikes, embargos, local disputes or civil unrest.
       3. National or local disruptions in the operational and technical provision of air or land transport networks and technical-technological problems of transport, transport equipment or similar facilities.
       4. Hidden defects or internal defects of the consignment.
       5. Third party offences, such as heists or robberies.
       6. Any violations (or violation of another party who has an interest in the consignment and caused your breach) obligations under these Terms.
       7. The weight or dimensions of the consignment do not match the declared weight or dimensions when sent.
       8. The contents of the consignment include a prohibited goods and the Carrier has accepted such consignment.
       9. The Recipient refuses, for example, to accept the consignment without giving a valid reason.
       10. The act or neglect of any customs, security, government or equivalent official or agent of an airline or an airport.
       11. Refusal of the Provider to make any unlawful payments on behalf of the Client.
   16. In case of the breach of the provisions of the transport rules of the selected Carrier or the forwarding contract by the Client, the Provider may block or remove the Client’s account and also immediately withdraw from the forwarding contract without written justification.
6. Delivery
   1. The delivery of the consignment to the Addressee is made to the first lockable door of the property (if no additional service is used), at the address given by the Client, or by personal collection at any Collection point (if the selected service supports it).
   2. Upon delivery, the Courier shall give the Addressee a carefully packaged, accurately and legibly addressed package. Courier cannot be made to wait to deliver the consignment; If it is not possible to transfer the consignment to the Addressee, the delivery may be interrupted.
   3. The Consignment shall be exchanged for a signature of the Addressee or persons who may be presumed to be entitled to take over the Consignment, depending on the circumstances. In particular, they are persons present at the Addressee’s premises and also persons who possess full power of attorney, even outside of the place of delivery. The delivery of the Consignment to the Addressee or another person in accordance with the first and second sentences of this provision is confirmed by his or her signature on the shipping form. The courier does not verify the identity, unless it is indicated for the selected service. Delivery is deemed to have been completed even if the Consignment at the delivery address is taken over by an unauthorised person, if this fact could not have been assumed by the courier from the information available to him.
   4. The courier also requires the Recipient’s full name upon signing. The Recipient can open the box or check its contents only after proof of delivery is signed.
   5. If delivery is not made on the scheduled day for a reason of no fault of the Courier (the Recipient is absent), an additional delivery attempt will take place on one of the following working days. In the absence of the Recipient, the Courier is entitled to choose to deliver the package to an alternative address (a neighbouring address or the local post office or delivery point). In this case, the Courier will leave a message at the first address with information about where the consignment was delivered.
   6. If the package is not collected within seven (7) days of the first delivery attempt, the Provider reserves the right to return the Consignment to the address of the Sender at the Client’s expense. Moreover, the incurred costs will be charged to the Client in accordance with these Terms and Conditions.
   7. A service shall be deemed not completed, without the right to a refund, if:
      
      1. Situations in section E, point 15, section C, point 8, and section H of the Terms and Conditions occur.
      2. The consignment has not been paid for, or a lower amount than specified has been paid, or the Client or Addressee refuses to pay a fee or a difference in fees.
      3. The Consignment cannot be delivered to the Addressee or returned to the Client due to missing or incorrect address of the Client.
   8. In case of the proven refusal by the Addressee to accept the Consignment, the Consignment is returned to the Client at his or her expense. If possible, the amount will be deducted from the Client’s prepaid account or the Client will receive a payment order.
   9. The Recipient is obliged to retain the protocol of acceptance of the consignment and to show the original in case of disputes.
7. Parcel Protection Policy
   1. Important Information:
      
      1. Notwithstanding clause 4, 40 and 41 of the Standard Trading Conditions it is hereby declared and agreed that the risk of loss or damages to cargo may be transferred to skyparcel at an additional fee and on the terms and conditions herein PROVIDED. Such terms and conditions have been signed and accepted prior to attachment of the risk.
      2. Skyparcel shall not be liable for any loss or damages that fall outside the scope of the terms and conditions contained herein
   2. Territorial Limits:
      
      1. To and from places anywhere in South Africa
   3. Mode of Transport:
      
      1. Per road and/or airfreight
   4. Basis Of Indemnity
      
      1. New cargo
      2. Selling price as per commercial sales invoice
      3. Used / second-hand / other than new cargo
      4. Local market value at time of loss
   5. Maximum Limit per carrying conveyance:
      
      1. R 250,000-00 maximum indemnity any one loss per carrying conveyance
   6. Goods Covered
      
      1. General goods as declared to and accepted by Skyparcel
   7. Excluded Goods
      
      1. The following goods are specifically excluded from cover:
         • Livestock, live fish, pets or any animal, jewellery, furs, watches, precious metals and stones, artworks and antiques;
         • Treasury notes, specie, bullion, cash bonds, deeds, stamps and securities;
         • Manuscripts, documents, plans, computer systems records;
         • Non-ferrous metals, copper, brass and scrap, explosives, ammunition, tobacco, cigars, cigarettes, liquor, wines, beer or any other alcoholic beverages and the like;
         • Used household goods and personal effects and dangerous drugs which are the subject of various International Conventions;
         • Temperature controlled foodstuffs, frozen or chilled
   8. Risks covered
      
      1. The company accepts liability for loss/damage to goods following a peril covered in terms of the following conditions
   9. Conditions of risks covered
      
      1. Against all physical loss and/or damage to the subject matter insured as per Institute Cargo Clauses (A) and/or Institute Cargo Clauses (Air) (excluding sendings by Post) whichever may be applicable.
   10. Second-hand and/or Returned Interests and/or Reconditioned and/or Refurbished Goods
       
       1. Excluding chipping, denting, scratching, marring of paint
       2. Excluding rust, oxidization, discolouration
       3. Subject to the Institute Replacement Clause
       4. Subject to the Second-Hand Replacement Clause
       5. Excluding mechanical, electrical, electronic derangement unless caused by and covered peril in terms of the Institute Cargo Clauses (B).
       6. Institute Cargo Clauses (A) Cl382 01/01/2009
       7. Institute Cargo Clauses (B) Cl383 01/01/2009
       8. Institute Replacement Clause Cl161 01/01/1934
       9. Institute Strikes Clauses (Cargo) Cl386 01/01/2009
       10. Institute Malicious Damage Clause Cl266 01/08/1982
       11. Institute Radioactive Contamination, Chemical, Biological, Biochemical, Electromagnetic Weapons Attack Exclusion Clause Cl370 10/11/2003
       12. Institute Cyber Attack Exclusion Clause Cl380 10/11/2003
       13. Termination Of Transit Clause (Terrorism) Jc2009/056 01/01/2009
       14. Sanction Limitation And Exclusion Clause Jc2010/014 11/08/2010
       15. Institute Marine Policy General Provisions Cargo Cl269 01/10/1982
       16. Important Clause
   11. Pairs & Sets Clause
       
       1. Where any item consists of any articles in a pair or a set, liability will not exceed the declared value of any (part)s which may be lost nor more than the proportionate part of the declared value of the pair or a set
   12. Depreciation
       
       1. Liability is restricted to the reasonable cost of repair and no claim is to attach hereto for depreciation consequent thereon.
   13. Replacement Clause
       
       1. In the event of loss or damage to any part or parts of a customer’s machine caused by a peril covered by the conditions the sum recoverable shall not exceed the cost of replacement or repairs of such part or parts plus charges for forwarding and refitting, if incurred but not exceeding duty unless the full duty is included in the value declared, in which case,loss, if any, sustained by payment of additional duty shall also be recoverable. Provided always that in no case shall the liability of The Company exceed the declared value of the complete machine
   14. Second-Hand Replacement Clause
       
       1. In the event of a claim for loss or damage to any part of the Covered Interest in consequence of a peril covered by the Policy, the amount recoverable hereunder shall not exceed such proportion of the cost of replacement of the parts lost or damaged as the covered value bears to the value of the new machine, plus additional charges for forwarding and refitting the new part or parts if incurred.
       2. It is warranted manufacturer made spare parts are available in respect of any such machinery or workshop and testing equipment but if spare parts are not available then the reference to “Cost of Replacement” in the Secondhand Machinery Replacement Clause shall be deemed to mean the last published catalogue price or cost of local manufacture of the parts whichever shall be less.
       3. Excluding mechanical and/or electrical and/or electronic derangement unless caused by the covered peril recoverable in terms of the Institute Cargo Clauses (B).
       4. Excluding the risks of rusting, oxidation and discoloration absolutely.
       5. Excluding the risks of chipping, denting, scratching and marring of paintwork
   15. Major Exclusions
       
       1. The following are some major exclusions in terms of the Institute Cargo Clauses. This serves only as a guideline and you should refer to Skyparcel for a detailed explanation of all policy exclusions.
   16. Consequential Loss:
       
       1. Cover in respect of physical loss or damage to the goods only. No consequential losses what -so-ever (e.g. loss of market, wages, project delay, etc.) are recoverable
   17. 3rd Party Liability to Property or Life:
       
       1. Loss or damage to 3rd Party property or life caused by the goods are not covered
   18. Delay:
       
       1. Loss, damage or expense proximately caused by or consequential upon delay is not recoverable even if the delay was caused by the covered peril
   19. Demurrage:
       
       1. Cover does not include fines, costs, and expenses in respect of Demurrage howsoever arising (e.g. any loss of hire period incurred by the shipowner)
   20. Inherent Vice or Nature of the goods:
       
       1. A quality inherent in a goods which produces damage to the goods without the assistance of an outside agency and by its own action e.g. fishmeal which spontaneously combusts
   21. Insolvency or Financial Default:
       
       1. Loss, damage or expense arising from insolvency or financial default
   22. Insufficient Packing or Stowage:
       
       1. Goods are always expected to be sufficiently packed to withstand the ordinary perils of the contemplated transit. Losses or damage to goods that have not been adequately packed and/or prepared as to withstand the ordinary perils/handling during the transit and/or cargo inadequately stowed are not recoverable
   23. Political Confiscation:
       
       1. Loss or damage to goods arising from political confiscation, expropriation, appropriation, requisition, nationalisation or deprivation of cargo by a Government, Public or Local Authority, or any such body of a country insured under our policy is excluded
   24. Radioactive Contamination:
       
       1. Loss, damage or expense attributable to the radioactive contamination of the goods are not recoverable
   25. Shipping Containers:
       
       1. Material loss or damage to containers or any liability arising out of their use is not recoverable
   26. Trade Ullage:
       
       1. Losses attributable to ordinary leakage or loss in weight. Since this trade ullage is inevitable and not a risk, ullage is not covered
   27. Wilful Misconduct of the Client:
       
       1. Loss, damage or expenses where the Client wilfully and knowingly acts in a manner which results in a loss is not recoverable
   28. War Risks on Land:
       
       1. This is an exclusion
   29. Claims Procedure
       
       1. In the event of a claim:
       2. Document the condition of your goods upon delivery. Make clear exceptions on the delivery receipt noting any loss and/or damage to the goods and/or the packing and/or the containers.
          • Take pictures – photographs will be very helpful as evidence.
       3. Minimise the loss – immediately protect the goods from further loss or damage.
          • Separate wet goods from dry goods
          • Repack to prevent further loss or damage
          • Move goods to a secure location
       4. Important:
       5. Preserve all packing, damaged goods and seals until advised otherwise by Skyparcel
       6. Notify Skyparcel via e-mail or telephone of any possible claim immediately & no later than 30 days after delivery. Depending on the nature of the claim our claims team will guide you on the documentation required and procedures to follow.
   30. Acceptance Of Terms:
       
       1. Should the terms and conditions mentioned in this document meet your requirements, please tick the check box. By ticking the box, you are acknowledging and accepting the terms and conditions and the relevant Institute Cargo Clauses
8. Complaints
   1. The Provider / Operator of the Skyparcel.co.za online system shall not be liable for any loss or damage to the Consignment or its contents. It is only responsible for the selection of shipping services – the Carrier.
   2. The Provider is not responsible for the fulfilment of services by the Carrier. Any claims by the Client to the Carrier from the contract of carriage shall be exercised by the Client in his/her own name and must provide the Provider with the necessary assistance, in particular, providing documents relating to the Consignment, its value, etc. Application of claims by the Provider according to the preceding sentence ends with resolving the complaint by the Carrier in accordance with art. G. 18.
   3. Upon the Client’s request, the Provider shall refer all claims and rights to the Carrier and provide the Client with necessary assistance. The Client is then obliged to enforce claims and rights to the Carrier itself.
   4. Complaints to the Contract Carrier are subject to the deadlines and Terms and conditions of that particular Carrier. The Provider will apply claims in its name to the Client’s account with the Carrier, in accordance with the conditions set out in section G, points 5 to 16.
   5. Neither the Provider nor the Carrier shall be liable for the non-execution or improper execution of transport services, in particular:
      
      1. The consignment was poorly addressed (e.g. error in surname, street name or number, city of Addressee, company name, etc.).
      2. The Addressee has changed the domicile or place of residence (in case of a company).
      3. The actual contents of the Consignment do not match the declared contents when sending.
      4. The weight of the Consignment does not match the declared weight on dispatch.
      5. The Recipient refuses to fulfil the conditions of delivery of the Consignment (for example, refuses to take the Consignment).
      6. The cases referred to in section E, point 15, section C, point 8, and section H of the Terms and Conditions, in particular those excluded from carriage, of improperly packaged consignments, shall occur (also in cases where the insufficiency of packing of the consignment does not materialise after it has been taken over).
      7. Incidents occur, amongst others: poor weather conditions (low temperatures, fog, large quantities of snow, ice, etc.), strikes, floods, earthquakes, fires, etc.
   6. Damage means a change of state, i.e. alteration of the quality, dimensions, structure, stability, composition of items constituting the consignment, which may be removed by repair, or such a change of condition which cannot be remedied by repair, but nevertheless, the matter is applicable to the original purpose.
   7. Destruction means a change in the state of goods constituting a consignment which cannot be removed by a repair and the item cannot be used for its original purpose.
   8. In case of damage to the consignment, reasonable repair costs, which are necessary for putting the consignment to its original condition, include the cost of dismantling and assembling the case. These costs shall be deducted from the cost of the recoverable and usable residues of the replaced parts. If the damaged consignment is not repaired and is usable for its original purpose and damage, then the Client is entitled to compensation for damages equal to the price difference of the consignment against the damage and after the damage occurred. The value of the damaged consignment is the amount determined by an expert opinion, or the net proceeds from the sale of the damaged consignment, if the purchaser agrees with the sale.
   9. In the event of destruction or loss of the consignment, the actual value of the consignment is at the time of receipt of the consignment by the Carrier (or part thereof, if only part of it is lost or destroyed). The value of the consignment is stated in the contract between the Provider and the Client.
   10. For damaged consignments, the Client, the addressee and the Provider are obliged to permit the inspection of the consignment by representatives from the Carrier company.
   11. If the basis for determining the value of the damaged or missing contents of the consignment is a tax document in a foreign currency, the amount on this invoice shall be recalculated according to the exchange rate declared by The Central Bank of Ireland, valid on the date of receipt of the consignment for Service.
   12. A consignment shall be deemed to be lost if it does not arrive at the domestic destination as indicated in the consignment note within fourteen (14) days of the expected delivery time (thirty [30] days in the case of an international consignment).
   13. Obvious violations or damage to the packaging and the losses found, may be claimed at the latest upon delivery of the consignment in the presence of the courier and written on the date of delivery. Damage or partial loss of the contents of the consignment must be drawn up in a damage report.
   14. In the event of damage which is not apparent upon service, only if the claim is submitted by the Client within three (3) working days of receipt or return of the consignment and if the causes of damage have been conclusive, attributable to the Carrier, the claimant will be entitled to compensation. The Carrier may not be liable for mechanical, electrical or electronic damage to the contents, even if the packaging of the consignment has been sufficient.
   15. Claims regarding loss, damage, destruction or loss of the contents of the consignment shall include:
       
       1. Name and address of the applicant.
       2. Original claim or printed complaint form.
       3. The identification number (ID) of the consignment within the Skyparcel system.
       4. Description of the contents of the consignment, including the price of each item.
       5. Bank account number.
       6. Original of the consignment note (copy left by courier), a certified copy of the document confirming the amount of damage depending on its type (purchase invoice, voucher, cash document/purchase/sale agreement, original calculation of the cost of Product issued by the manufacturer or the repair/correction/calculation of the repair/invoice costs) and the original damage report (the printout belonging to the injured party).
       7. The service, repairer or other persons who carried out the repair of the consignment. If the consignment has been repaired after the damage occurred, or if the circumstances of the case if so required.
       8. Photo documentation for consignments with partial loss or damage. The photo documentation submitted to the Provider must also include photographs of the packaging, the shipping label and the contents of the consignment to assess whether the damage to the consignment is in causation with the damage to the packaging.
       9. In case of a non-delivery of the consignment, a sworn affidavit is required from the addressee to confirm non-delivery of the consignment.
       10. The signature of the applicant.
       11. A document proving the entitlement to the claim if the complaint is a representative of the applicant.

       All documents must be sent to the following address: info@skyparcel.co.za

   16. Claims arising from an improper execution of the services shall expire in the case of acceptance of the consignment without reservations.
   17. The Client may suspend the right to claim arising from a complaint until such time as the Client does not equal all of his/her reimbursement, fees, costs and other expenses.
   18. Complaints reported after the deadline specified in paragraph 13, inaccurate or incomplete claims, complaints reported after the deadline for filing a complaint, or a complaint filed by an unauthorised person will not be considered.
   19. After examining the complaint by the insurer of the Carrier, the Provider, Carrier or insurer of the Carrier shall state in writing to the applicant, within thirty (30) days of receipt of the complete documentation of the complaint, whether his or her claim has been recognised, partly acknowledged or refused. The decision to submit a complaint to the Client’s email address can be considered as a decision.
   20. A claim shall be deemed to have been concluded if the Carrier or the insurer on behalf of the Carrier refuses to recognise the claim and if it fails to pay the claim within six (6) months from the date of receipt of the full complaint summary. The Carrier’s decision to settle a claim for a particular reason is final and non-negotiable. The Carrier will not take any further complaints about the same consignment for the same complaint.
   21. The Client to whom the claim has been granted, may be required to issue a claims invoice in the amount of the accepted claim.
   22. The procedures for dealing with damage claims are further regulated by the Complaints procedure 
   23. If the Provider approves the damage claim in the full amount (i.e. the amount in the value of the transported consignment) and informs the Client that the damage will be paid, the Client is obliged to ensure the issuance of the damaged or destroyed consignment to the Provider.
   24. If the consignment is damaged, destroyed or lost and the Client claims damages in the amount of the price of the Consignment and the Provider pays the full price of the Consignment to the Client, then the Provider takes on full ownership of the Consignment.
9. Items Excluded from Transport
   1. The Client is obliged to inform third parties about the Terms and Conditions established by the Consignment’s parameters. Third party is an entity who gives the Consignment to the Carrier for transport and this entity must ensure that the consignment transferred for carriage on the basis of the order, complies with these Terms and Conditions. The Client is responsible for the fulfilment of these requirements as if the Consignment was sent for transport personally.
   2. In the event that the Client gives a consignment whose contents are excluded from transport to the Carrier without the Carrier’s prior knowledge and express consent ,the Provider assumes no responsibility for any damages incurred in connection with the transfer of the consignment and its further handling. In this case, the Client is obliged to reimburse the Provider for all costs associated with this and for any damages incurred in connection with the transfer, both in domestic and international consignments.
   3. The Provider prohibits the following contents from being contained within transported consignments (unless allowed by the chosen Carrier):
      
      1. A consignment comprising of several connected boxes.
      2. Goods subject to particular conditions (risk of infection), contagious and malodourous goods.
      3. Loose (granulated) goods in bags or sacks.
      4. Lottery tickets from winning lotteries.
      5. Bonds.
      6. Precious metals and stones, gold, real pearls, cash, exploitable cheques, credit cards, ID documents, valuables, etc.
      7. Jewellery and watches (excluding imitation jewellery and regular watches) with a value exceeding €400 (or the equivalent in local currency) per parcel.
      8. Works of art, antique items.
      9. Consignments that are not protected or packaged in a manner appropriate to their weight, shape and nature, or to the requirements of the Carrier.
      10. Consignments lacking the necessary Sender and Addressee information;
      11. Contents that could cause damage to property or health (in particular: explosives, flammable substances, radioactive or corrosive substances, malodourous goods, weapons and ammunition and other substances).
      12. Drugs or medicines and psychotropic substances (except for items sent lawfully by a competent institution for scientific or medical purposes).
      13. Live animals and plants.
      14. Human and animal remains.
      15. Customs records.
      16. Easily perishable or easily damaged contents, as well as contents which require special handling and protection.
      17. Unaccompanied baggage (suitcases, bags, backpacks, briefcases), unless the selected Carrier allows it.
      18. Thermally unstable items.
      19. Consignments addressed only with a postal code (ZIP code) without giving a full and valid address.
      20. Goods falling under the ADR (Dangerous Goods) scheme.
      21. A consignment which cannot be transported lawfully.
      22. International consignments containing alcoholic beverages, tobacco products and goods that are subject to excise duty.
      23. Air transport consignment containing: pressurised containers (e.g. ordinary sprays), explosive substances and objects, gases and liquefied chilled gases, substances susceptible to spontaneous combustion, flame-combustors, oxidising substances, corrosive substances and other Commodities listed in the DGRrules for the Transport of Dangerous Goods as issued by the International Air Carrier Association (IATA).
   4. In the case of breaching these obligations, the Contracting Parties negotiate a contractual penalty equal to the difference in the actual price of the goods unlawfully dispatched, plus the amount of R 3000, which the Client is obliged to pay to the Provider.
10. Dispute Resolution
    1. Mutual disputes between the seller and the buyer are dealt with by the general courts. The buyer, who is a consumer, has the right to out-of-court settlement of the consumer dispute from the purchase contract or the service contract according to Act No. 634/1992 Coll., of the Consumer protection Act, as amended.
    2. An out-of-court solution to the consumer dispute shall commence exclusively on the proposal of the consumer and only if the dispute has not been resolved directly with the seller. The proposal may be lodged, at the latest, within one (1) year from the date on which the consumer exercised his right of dispute with the seller for the first time.
11. Services Remuneration and Payment Terms
    1. For all completed services ordered by the Client, the Provider charges fees according to the current price calculation on the website, including additional services, premium operations, surcharges and other services.
    2. The Provider’s Carrier partners only transports packages where the transport costs have been borne by the Client – packages are not collected for shipment unless paid for.
    3. The Provider and the Carrier are entitled to adjust the weight or other parameters of the consignment as indicated by the Client and then assign the corresponding service. If there is a difference between the specified consignment order and the actual parameters of the consignment, the Provider shall be decisive for the purposes of calculating the remuneration amount.
    4. Extra costs incurred for customs clearance or other proceedings are borne by the Client.
    5. The Provider is entitled to negotiate exclusive payment terms with the Client on a basis of long-term relationship with the possibility of reimbursement of the cumulative invoice for an agreed period. The Client is obliged to pay the invoice at the latest on the invoice due date. In the event of late payment, the Provider shall be entitled late payment penalty charge together with a duly invoiced amount of 0.05% of the sum due for each day of delay.
    6. The Provider is entitled to negotiate special price conditions with the Client, which are then part of the contract concluded between the Provider and the Client, based on a long-term relationship. Such price conditions are valid only for the duration of the contract agreement and the decisive date for the validity of such price conditions means the date when a specifically written contract between the Provider and the Client for the provision of skyparcel.co.za services was concluded.
    7. Payments shall be made in advance via the website or mobile application’s electronic payment gateway or by using prepaid accounts in the Ordering system by deducting credits.
    8. The Provider assumes no responsibility for transactions made through the payment gateway.
    9. In the event that the Provider wrongly invoices the Client on the basis of a tax invoice, the Client is entitled to notify the Provider in writing, indicating the specific irregularities and to ask the Provider to issue the new, correct tax invoice within thirty (30) calendar days from the date of issue of the tax invoice. If the Client fails to do so, the tax invoice is deemed to be correct and the Provider is entitled to the payment of the price for the services according to the tax invoice sent. If the bill in the tax invoice is incorrect, the Provider shall send a new, correct tax invoice within thirty (30) days of receipt of the Client’s notice on the incorrect bill and cancel the incorrect tax invoice.
12. Credit System
    1. The Client may top-up the credit balance with any sum of money within the range defined in the ordering system, even repeatedly. The maximum possible amount of the credit balance of one Client may not exceed €2000 including VAT. Credit can be topped up by one of the supported payment methods available on the ordering system.
    2. If the Client’s credit balance rises above the limit, the Provider reserves the right to prevent further top-ups of the credit over this fixed amount, when, at the same time, if such an overstated payment is made, it will be returned to the Client into the account from which the payment was made from.
    3. The Client has access to view the credit balance and to the list of transactions made after logging into the user account on the ordering system. In the event of irregularities, the Client is entitled to claim the amount of the credit balance or transaction with the Provider immediately after detecting any irregularities, but no later than three (3) calendar months after the transaction was made. The Client is obliged to substantiate this claim.
    4. The Provider is entitled to deduct the value of the remuneration from the value of the individual rewards credit for completed services ordered by the Client from the Provider, immediately after the payment of the individual fee to the Provider. The Provider will always charge the Client for the past calendar month and send an overview in electronic format to the Client’s contact email.
    5. Invoices within must be paid to the Provider’s account within fifteen (15) calendar days from the date of receipt of the document. The date of the chargeable event of the tax invoice is the date of receipt of the payment in the Provider’s account or the day of the credit increase, whichever occurs first.
    6. The Provider reserves the right to block charges or credit withdrawals on the Client’s account if there is a serious suspicion of attempted payment by a stolen credit card, due to suspicion of unauthorised manipulation of the access data of the User Account, due to suspicion of tampering with the account, or any other suspicious activity made by that account, or if there is a serious breach of the Terms and Conditions. At the Client’s request or at the Provider’s discretion, the amount corresponding to the balance of the credit, in accordance with these terms, will be refunded into the Client’s bank account within one (1) calendar month from the date the Client’s account has been blocked from making charges or credit withdrawals.
    7. If the Client requests that Provider refunds the credit balance, the Provider shall declare the amount that is being reimbursed into the Client’s bank account and the reason for the refund. Such a note must be sent in writing to the registered office of the Provider with the original signature of the Client, or electronically to the e-mail address info@skyparcel.co.za. The funds will be returned to the bank account from which the credit was paid into. In case of a request for reimbursement to another bank account, the Provider reserves the right to request the proof of banking details from the Client, together with signed signature, or to reject the application.
    8. The principal fee for the refund of the credit corresponds to 10% of the funds that are required to be returned, with a minimum of ZAR.
    9. The Client acknowledges and agrees that in the event that the credit is not exhausted for 2 years from the last change in the balance of the credit (upwards and downwards), the undrawn credit is forfeit to the Provider (i.e. the Client is no longer entitled to request a credit refund).
13. Transportation by Own Carrier
    1. The Client may use his or her own courier partner for consignment deliveries, i.e. own Carrier. If the Client chooses a custom Carrier to transport the consignment, the Client and the Provider may not conclude the intermediate contract for brokering, but only conclude the sub-contract for the transfer of data.
    2. If the Client chooses his or her own Carrier, the date of the closing of the consignment is entered into the contract of transfer of data.
    3. In order to use his or her own Carrier, the Client must first into a contractual relationship with the chosen Carrier first, obtain authentication data from the Carrier and then transfer the authentication data to the Provider, who will then make the necessary changes to the ordering system settings to include the custom Carrier in the Client’s Carriers offer list.
    4. In the case of a Client using their own Carrier, the price of each consignment is governed by the contractual relationship between the Client and the chosen Carrier, in which the Provider does not mediate. In this case, the price of the consignment is not indicated and the Client only pays the Provider according to the price list for entering the consignment data through the ordering system and transfering data to the selected custom Carrier.
    5. The Provider is not responsible for the resulting downtime of the order system and the inability to enter or transmit data to the custom Carrier.
    6. The Provider is also not responsible for the accuracy of the data transmitted to the custom Carrier through the order system.
14. Privacy Policy
    1. The Provider controls the personal data referred to in 4 paragraph 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter also “GDPR” on the protection of individuals with regard to the processing of personal data and on the free movement of such data in relation to the purchaser and the Provider in relation to the consignor and the consignee, If it is not the same entity.
    2. The Client agrees that the Provider shall process, collect and store the personal data of the Client as specified in the contract, possibly obtained from other related sources with mutual consent, and other personal data necessary for the provision of freight forwarding services. This personal data will be processed and stored by the Provider for the purpose of fulfilling its obligations under the forwarding contract and for filing purposes. Personal data means, in particular:
       
       1. Client’s details: first and last name, home address, bank account details, e-mail address, telephone number.
       2. Company’s details: Name and surname of the contact person(s) at the company, telephone number of the contact person(s), e-mail address of contact person(s), company name, invoicing address, company registration number, company VAT registration number, company bank account details.
    3. The Client undertakes to ensure the consent of all persons involved in the business relationship between the Provider and the Client – in particular, the Sender and the Addressee – with the reference to processing of personal data.
    4. The Client agrees to the provision of such personal data to third parties. Personal data will be processed eitherin electronic format in an automated manner, or in printed format in a non-automated manner.
    5. The complete privacy policy is attached to these Terms and Conditions
    6. The rights and obligations of the parties involved in the processing of the personal data of the Senders and Recipients are governed by the Personal Data Protection Agreement
    7. The provision of the personal data of persons intending to enter into a contract with the Provider is voluntary. However, their provision is conditional upon the conclusion of a contractual relationship and the fulfilment of the Provider’s obligations under this contractual relationship.
    8. The Client acknowledges that he or she is obliged to state that the personal data (in the user account when registering and when ordering from the Web interface of the store) is true and correct and that the Client is obliged to inform the Provider of the any changes in personal data. The Client confirms that it has been instructed that the provision of data is voluntary.
    9. The Provider is not responsible for the accuracy or honesty of the information that registered users place on their websites. The Provider is also not responsible for the accuracy or honesty of the information provided by the web portals on which the links to the Provider’s web portals are located.
    10. The Client is responsible for the consequences and damages arising from any misuse of access privileges and passwords in the order system. The Provider establishes these approaches for persons authorised under the contract or authorized by the Client. The Client is obliged to take the necessary measures on his or her part against such misuse.
    11. The Client agrees that the Provider shall record the calls made to the Provider’s Customer Care lines for the purpose of improving the quality of the services provided, or for the purpose of providing proof of the contents of telephonic orders in the future, if deemed necessary.
15. Storing Cookies, Traffic Monitoring traffic and User Accounts
    1. The Client agrees to the storage of cookies on his or her personal computer. Storing cookies does not personally identify the Client. Ordering may exclude the storage of cookies in your Internet browser. However, this will result in limited functionality of the Provider’s web portal.
    2. The Provider’s website is used by Google Analytics, a web analysis service provided by Google. This program is used to monitor and generate traffic statistics for the Provider’s website. Google Analytics works on the principle of storing cookies. Cookies are used to store data related to the visit and the use of the website (including the IP address). This data is used to improve the Provider’s services to its Clients.
    3. The website also uses cookies to identify the user in the Provider’s affiliate program.
    4. Backing up user data (e.g. login passwords) is required for the proper use of the Provider’s website. The user information includes access information (IP address, date, time, page viewed) that is stored when the user visits the web portal. This data will remain anonymous and will be evaluated purely for statistical purposes. These statistics are used to improve the quality of the Provider’s services. This data is not transferred to a third party for commercial or non-commercial purposes. The user data is backed up for twelve (12) months.
16. Final Provisions
    1. These Terms and Conditions shall apply as stated on the Provider’s website on the date of confirmation of the request by the Client. By submitting the order, the Client accepts all provisions of the Terms and Conditions in the version in force on the date of dispatch of the order, including the valid price of the services ordered, unless otherwise agreed in the specific case.
    2. The information stored on the Provider’s website is protected by copyright laws. The names and designations of services are protected by the registered trademark. The names of the Carriers offered by the Provider, as well as their services, are owned by the respective owners and are protected by them and are not affiliated with the Provider.
    3. Any disputes, disagreements or claims arising from the contractual relationship between the Provider and the Client shall be dealt with amicably first. If these disputes cannot be resolved, they will be dealt with by the Provider’s competent local Court.
    4. A contract is concluded for one ordered trade or for the period specified in the contract. Either Contracting Parties are entitled to terminate the contract for an indefinite time without giving reason. In this case, the period of notice, shall be one month and commences on the first day of the calendar month following the receipt of notice by the other Contracting Party. The notice period does not apply to once-off Clients.
    5. Any Contracting Party shall be entitled to withdraw immediately from the contract for a substantial breach of the obligations of the other party. For the avoidance of doubt, a material breach of the Client’s obligations for the purposes of this Agreement is considered to be the Client’s default in fulfilling the price specified in the order and violation of the obligations agreed by these terms. For non-commercial persons and non-business persons, the withdrawal from the contract and refused by the civil law.
    6. The challenges, resignation and other unilateral acts carried out by one of the parties in respect of the other shall be (unless they are affected) regarded as delivered at the latest on the fifth (5^th) day after the party has lodged the act in the form of the recommended letter of correspondence for the Postal Transport by the Postal Service Operator.
    7. If the relationship established by the forwarding contract contains an international (foreign) element, then the parties negotiate that the relationship is governed by the laws of the Republic of South Africa. The Provider, may at any time, change these Terms and Conditions or the current price lists of the services, without prior notice. Clients are obliged to monitor the Provider’s website regularly to familiarize themselves with these changes. If the Client does not agree with any of the published changes, they are entitled to the contract concluded with the Provider before the effective date of change in writing Denounce the above-mentioned method, otherwise it is considered that they have become acquainted with and agree with those changes and are bound by them from the date of their effectiveness.
    8. If any provision of the terms or part thereof is deemed void for any reason, it shall be deemed to have been omitted for that purpose. This does not affect the validity of the remaining parts of the terms.
    9. These Terms and Conditions are an updated edition of the Terms and Conditions issued on the first (1^st) day of September 2019 and expires on the thirty-first (31^st) day of August 2022.
    10. All shipments are quoted for freight only, duties and taxes are determined by the destination countries customs officials.

Our goal is to consistently provide perfect transport services for our customers.

Unfortunately, for a very small percentage of orders, this is not always the case. This is where our claims department can help. We will represent you in all dealings with the chosen Courier. We are on your side! We will still investigate your claim if cover was not taken as a nature of good faith.

UNFORTUNATELY NO CLAIM WILL BE PAID IF COVER WAS NOT TAKEN.

IT IS FRAUD TO MISS DECLARE GOODS IN YOUR PARCEL AND SKYPARCEL GROUP HAVE THE THE RIGHT TO OPEN A CASE AT THE SAPS IF WE SUSPECT FRAUDULENT CLAIMS.

THE COMMERCIAL INVOICE IS A DECLARATION AND LEGAL DOCUMENT AND MUST BE COMPLETED WITH HONESTY, ALL CONTENT IN THE PARCEL MUST BE STIPULATED ON THIS DOCUMENT.

This Claims Policy complements the general Terms and Conditions of Skyparcel’s service, operated by Skyparcel Ltd. All highlighted terms listed in the Claims Policy have meanings as set forth in the Terms and Conditions.

1. Important Provisions
   • Complaints may be claimed on the condition that the Client has provided the Carrier with a parcel that meets the packaging conditions as per the general Terms and Conditions. If the package is not sufficiently packed according to the conditions as mentioned, we reserve the right to refuse the shipment and to also refuse to submit a complaint according to the complaints procedure. We recommend that you follow the packaging instructions correctly.
   • Packages labelled as “Fragile” are handled very carefully and cautiously by the Carrier but this does not increase the Carrier’s liability for any damage to the shipment. The Client is obliged to package shipments in a manner that is adequate to transportation conditions and the Carrier guarantees that the contents of the package remains undamaged.
   • The Client must use the appropriate packaging to support the parcel contents. No claims for damages will be considered if the package was damaged during transportation, but was also insufficiently packaged. Damage to Consignments cannot be claimed for, if packed only in foil or cling wrap.
   • Compensation for damages is not possible when damage occurs to enamelled or painted surfaces (i.e. peeling, scratches, abrasions). For shipments with fragile contents (glass, porcelain, bottles, injections, infusions, etc.), the Carrier will not be liable for any damage claims if the package has been damaged (even if any part of the contents have been damaged in any manner).
   • Carriers accept responsibility only for actual, direct damages and therefore any consequential damages are excluded. Damage liability does not apply to “profit lost”.
   • In the event of a gross breach of the Terms and Conditions (such as sending goods that are on the Prohibited List), if insufficient consignment packaging subsequently leads to any damages to other consignments or to the property of the Provider or the Carrier, the Provider reserves the right to claim from the Sender, all compensation for the damages caused.
   • You cannot claim for a delayed pick-up or a delayed delivery of a shipment. You cannot claim for a shipment if the Addressee refuses to accept the consignment or the Addressee has not been contacted at the address.
2. Claims Process
   • The complaints procedure is based on the general Terms and Conditions of the service at Skyparcel.co.za
   • Claims against a Carrier are exclusively applied for by the Payer (the Client and the payer of the transport) in writing. Complaints must be submitted via email to claims@skyparcel.co.za.
   • After reporting a complaint in writing, we will confirm the receipt of the claim and ask for the necessary documents to be processed. We send the statement with the result of the complaint to the Payer’s email address.
   • Obvious violations or damage to the packaging must be recorded immediately upon delivery of the Consignment. The damage or partial loss of the contents of the Consignment must be written in the damage registratio sectionn on the shipper form
   • The damage registration is not a claim for damages.
   • Claims for damages that are not apparent upon delivery must be made within three (3) working days after the delivery of the package, failing which, the claim period for damages shall expire.
   • In the event of a claim for damages for a lost shipment, the Payer is obliged to inform the Provider about the loss of the shipment within ten (10) calendar days from the expected delivery date (as per the current service and price lists).
   • Other claims are subject to a thirty (10)-day limitation period.
   • Claims not completed and for which complaint documentation is not received within ten (10) business days of receipt by the Provider, will be discontinued and cannot be reapplied for.
   • 10. We will settle the complaint with the Courier Company as soon as possible, but no later than thirty (30) days after receiving all necessary documentation.
   • 11. If the basis for determining the value of the damaged or missing contents of the Consignment, is an invoice in a foreign currency, the amount on this invoice shall be recalculated, according to the exchange rate as announced by the South African Reserve Bank, valid on the first working day of the month in which the Consignment was accepted for carriage.
   • A written appeal may be lodged against a rejection of a claim, which shall be reviewed within thirty (30) days.
3. Documents Required for Claims Submissions
   
   1. 1. Damaged or partially lost shipments:
      
      1. The Payer’s completed claim form for damages (to be sent to Skyparcel’s Customer Support).
      2. Accompanying documents (i.e. invoice, packing slip), indicating the damaged items and the number of damaged items.
      3. Proof of Purchase Cost (i.e. purchase invoice, a declaration of honour with production quantity or purchase costs) without profit margins and without VAT (in the case of damages, also cost of repair or quantized discount from the sales price).
      4. Photographic documentation of the shipping container, packaging, lining, damaged contents and label.
      5. A copy of the Damage Record (if it has been issued) and any confirmation that the package was showing signs of external damage upon delivery.
      6. Service or other persons who performed the repair of the Shipment if the Shipment was repaired after the damage event or if circumstances of the case if so require.
   2. Lost Shipments
      
      1. The Payer’s evidence for damages or loss(to be sent to Skyparcel’s Claim department).
      2. Documents accompanying the Shipment (i.e. invoice, packing slip).
      3. Proof of Purchase cost (i.e. purchase invoice, a declaration of honour with production quantity or purchase costs) without profit margins and without VAT.
      4. If the consignment has not entered the Courier system, a copy of the delivery receipt issued by the Courier upon collection of the parcel from the Sender.
      5. In the case of delivery of the package to the wrong address or non-delivery, the Addressee’s declaration of acceptance confirmed by signature that the consignment has not been delivered to the correct address. The affidavit must contain, the tracking number of the Shipment and the Addressee’s first name and surname and the delivery address for the Shipment.
4. Accepted Claims
   1. The Claimant issues an invoice in the amount of the recognised claim to the Provider.
   2. The Client is the only legitimate owner of the consignment, therefore the compensation will be credited to the Client’s bank account. The Provider is liable only to the Client when executing of complaints.
   3. In the case of a recognised claim where the Claimant, does not supply the proof of purchase price, the compensation will be done at a maximum of eighty percent (80%) of the sales value of the goods (excluding VAT).
   4. For entrepreneurs, the VAT payer for the damage invoice is:
      
      1. Damaged Shipments: Compensations paid for damaged consignments are subjected to tax within the meaning of the Value Added Tax Act. Damages are calculated with VAT and the invoice for returning the goods back to their original state from the authorized service, repair shop, etc. is documented.
      2. Lost Shipments: Compensations paid for lost shipments are not subject to tax within the meaning of the Value Added Tax Act. AS there was no delivery of goods, no taxable supply was made and therefore the invoicing of the damages will be zero-rated (at zero percent [0%] VAT).