The Site and the Services provided therein are only intended for individuals aged eighteen (18) years or older (each, an “Individual”). If you are under eighteen (18) years please do not visit or use the Site or the Services. Furthermore, you hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
1.1. Use of the Services. For such time as these Terms are in effect, we hereby grant you with a limited, non-exclusive, non-transferable, non sub-licensable, revocable right to access and use the Site and the Services, provided that you comply with these Terms and any applicable law. The Services on the Site may be only accessed by either a Issuing Agent or Consignee (as applicable), all in accordance with the conditions set forth in these Terms. In addition, you fully acknowledge and accept that the Services will be hosted by us through the use of the Internet and a browser.
1.2. Account. In order to use certain portions of the Services, you may have to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission. When creating an Account, you must provide accurate and complete information and provide us with at least the information labeled on the Site as mandatory. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify CAL immediately of any breach of security or unauthorized use of your Account. As between you and CAL, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to CAL at firstname.lastname@example.org.
1.3.1. Site Restrictions. You shall not: (i) copy, distribute or modify any part of the Services without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use, send, upload, post, transmit or introduce any device, code, routine or other item (including without limitation bots, viruses, worms, and Trojan horses) that interferes (or attempts to interfere) with the operation or integrity of the Site, nor any content that is unlawful, infringing, defamatory, deceptive, obscene fraudulent, harassing, or abusive; (v) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; (vi) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services; (vii) use CAL’s name, logo or trademarks without CAL’s prior written consent; (viii) use Site for any unlawful or fraudulent purpose, to breach these Terms, or to infringe or misappropriate any third party intellectual property, privacy, or publicity right; (ix) take any action that imposes or may impose, as determined in CAL’s sole discretion, a disproportionately large load of incoming requests on the Site infrastructure; or (x) violate or abuse password protections governing access to the Site.
1.3.2. Services Restrictions. You shall not, and we shall have no liability in declining requests for Services from persons or entities that : (i) access the Services for the purpose of monitoring their availability, performance of functionality or for any other benchmarking or competitive purposes; or (ii) submit request for Services for entities or persons (a) that commit, threaten to commit or support terrorism; or (b) in the following countries: North Korea, Iran, Syria, Lebanon, Cuba, Iraq, Libya and any other country wo which transport is restricted under applicable law; or (iii) any Cargo restricted for transport under either IATA or ICAO regulations, or any other applicable law or regulation.
2.1. Access to Site. Your general right to access and use the Site is currently for free. However, the use of the Services may involve payment of the applicable charges.
2.2. Payments. All payments for Services on the Site shall in accordance with the price list available on the Site, and shall be made on a “net” basis. For clarity, any reference to conversion rates available on the Site shall be for convenience purposes only, and may be subject to additional currency conversions fees prior to payment for the Services.
2.3. Quotes. For any requests submitted by you on the Site for the shipment of Cargo via the Services, we shall issue a price quote (each, a “Quote”). Quotes are solely based on the information provided to us by the Issuing Agent, and may differ in accordance with any deviation from the actual status of the Cargo. For the avoidance of doubt, any request for a Quote for the shipment of Cargo shall be limited to Cargo deemed “ready for carriage”, in accordance with any applicable rules and/or regulations. Any request for Cargo which may require special handling (at CAL’s sole discretion), will be forwarded to a Cal sales representative for additional processing.
2.4.Quotes for Express Services. The Services also include the option to submit requests for Quotes for guaranteed capacity access of Cargo on a certain flight (“Express Cargo Requests”, or “Cal Quick”). Express Cargo Quotes Requests shall be subject to any applicable provisions set forth in these Terms, including but not limited to Section 14 (Force Majeure)), and shall not include more than 2 UN number items per shipment of Cargo.
2.5. Quote Adjustments. CAL reserves the right to adjust a Quote in order to compensate for any change in costs incurred by CAL in connection with the performance of its obligations herein (including, without limitation, changes due to inaccurate or incomplete Cargo information provided during the booking process, fuel prices, introduction of new and/or increase in existing government duties or levies, additional insurance or security costs, handling of unspecified or unusual Cargo). The final amount owed by you to Cal shall in accordance with the information set forth in the applicable Cargo master airway bill, or as otherwise agreed between you and CAL.
2.6. Deposited Charge; Possessory Lien. Without derogating from any other remedy provided herein and/or by any applicable law, you hereby agree that CAL shall be entitled, at its sole discretion, to either: (i) evaluate the Cargo to establish a “Deposited Charge” (in Hebrew: “Mashkon Mufkad”), and/or (ii) exercise a “Possessory Lien” (in Hebrew: “Zchut Ikavon”), and/or (iii) retain a credit charge of ten percent (10%) in excess of the amount owed for the Services as set forth in the applicable Quote on any Cargo in its possession or any part thereof in order to secure each Issuing Agent’s undertakings and obligations under a Quote and these Terms, including the payment of all sums due and payable to CAL (“Secured Sums”). CAL shall have the right to take all such means permitted under applicable law in order to secure and cause the prompt payment of the Secured Sums, including by exercising and affecting the remedies described in subsections (i), (ii) and (iii) above.
2.7.Quote Disclaimer. Unless provided otherwise in a Quote:
2.7.1.any request for Cargo shipment provided to you by us is based on a volume/weight ratio of 1:6;
2.7.2.Quotes provided to you through the Site are valid for general Cargo only, and shall not be valid for any special handled Cargo;
2.7.3.Any bookings for shipment of Cargo made through the Site shall be subject to availability, and CAL does not guarantee that your Cargo shall be shipped on a certain flight you may have requested.
2.7.4.Additional surcharges such as fuel, insurance, road fee, Dangerous Goods Acceptance Check Fee and EDI messages fees will be charged by CAL, as applicable
3.1. Submissions. You may a submit a claim through the Site for Cargo that was lost, damaged, or partially delivered (each, a “Claim”). Claims may only be submitted by the party that owns the claim rights, and can demonstrate ownership of such rights.
3.2. Accurate Information. When submitting a Claim, all information provided must be complete, truthful and accurate. In order for CAL to review the Claim, you agree to provide additional information to CAL as may requested from time to time. Incomplete, inaccurate, or illegible documentation could delay your Claim and result in possible denial of the Claim, without any liability to CAL.
3.3. Inspection. A Claim for damage may require an inspection of the Cargo and its packaging. CAL reserves the right to inspect any Cargo of any value when evaluating a damage Claim. An inspection should be done at the original delivery location. Failure by the Consignee to retain the original shipment and packaging at the original delivery location, or the failure to make said items available for inspection to CAL or any third party on its behalf may invalidate the Claim.
3.4. Time Limits for Claims. All Claims must be submitted in writing to CAL in accordance with the time limits set forth under the Montreal Convention (formally, the Convention for the Unification of Certain Rules for International Carriage by Air) dated May 28, 1999. CAL shall have no liability whatsoever for your failure to provide the Claim within such time limits .
4.1.Content and Marks. The (i) content on the Site, including without limitation, the text, documents, Quotes, descriptions, products, software, graphics, photos, sounds, videos, interactive features, in and related to the Services (collectively, the “Content”), and (ii) the trademarks, service marks and logos contained therein (“Marks”), are the property of CAL and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. The “CAL” wordmark, the CAL logo, and other marks are Marks of CAL or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
4.2.Use of Content. Content on the Site are provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print any portion of the Content you must retain all copyright and other proprietary notices contained therein.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
6.2. CAL permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with CAL or present any false information about CAL and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a Third Party Website which prohibits linking to third parties; (v) such Third Party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
8.Representation and Warranties. You hereby represent and warrant that: (i) all information provided by you and your representatives in connection with any Quotes and/or Cargo is complete and accurate; (ii) the Cargo was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to CAL, in accordance with applicable security regulations; (iii) you have and will maintain any and all registrations, licenses, permits, consents, certificates and all other documentation and information required for the shipment of the Cargo via the Services, and you will be in compliance with all applicable customs, import, export, data protection laws, security laws, actions, embargos and other laws and regulations in connection thereof, including any directive or instructions provided by CAL from time to time; and (iv) you have obtained all necessary consents in relation to personal data provided to CAL including the Consignee’s data as may be required for transport, customs clearance and delivery of the Cargo, such as e-mail addresses, physical addresses, and mobile phone number.
9.Warranty Disclaimers. This section applies whether or not the Services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply:
9.1. Site Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS, THE SITE AND SERVICES THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CAL DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. CAL SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. FURTHER, CAL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
9.2. General Disclaimer. EXCEPT AS THE APPLICABLE CONVENTION MAY OTHERWISE SPECIFICALLY REQUIRE AND UNLESS SPECIFICALLY STATED OTHERWISE IN THESE TERMS, YOU AGREE THAT CAL WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM, INTER ALIA: (I) DEVIATIONS FROM THE PLANNED ROUTE DUE TO OPERATIONAL, SAFETY OR SECURITY REASONS, OR (II) FOR REASONS DUE TO FORCE MAJURE, OR (III) ANY DAMAGE OR LOSS OF CARGO, OR (IV) ANY DEATH OR PERSONAL INJURY TO PASSENGERS INCLUDING CARGO ATTENDANTS OF WHATSOEVER NATURE, OR (V) TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION, OR (VI) OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. WITHOUT DEROGATING OF THE AFOREMENTIONED, YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THE FACT THAT THE SERVICES ARE PROVIDED OVER THE INTERNET AND AS SUCH YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM THAT MAY ARISE IN CONNECTION WITH OR AS A RESULT OF ANY MALFUNCTION AND/OR DEFAULT AND/OR UNSUITABILITY IN THE INTERNET AND/OR THE CONNECTIVITY OF ANY PARTIES’ DEVICES TO THE INTERNET.
10.1. Delivery Schedule. Prior to any delivery, CAL reserves the right to weigh and measure each piece of Cargo. CAL shall make commercially reasonable efforts to provide the Services in accordance with delivery schedules, but these schedules are not binding and do not form part of the contract between you and CAL, unless otherwise agreed between you and CAL. Accordingly, CAL shall not be responsible for any damages incurred by you or any third party on your behalf as a result of any delay, deviation or diversion from the initial delivery schedule for any reason, except to the extent such delay, deviation or diversion resulted exclusively from CAL’s gross negligence or willful misconduct, and there has been no contributory negligence of you and/or anyone acting on your behalf.
10.2. Payload Reduction. The payload set forth under a Quote is based on normal operating conditions. The actual payload shall be subject to the actual flight routing and weather conditions, and therefore may be subject to changes and adjustments. For the avoidance of doubt, the total Quote price shall not be affected by any resulting payload reduction.
10.3. Operational Control; Route Deviation. CAL shall have complete and exclusive operational control of the aircraft and crews used to provide the Services. All persons (including cargo attendants accompanying Cargo) and Cargo onboard a CAL aircraft shall be subject to the absolute and exclusive authority of the CAL appointed captain in charge, and shall comply with all applicable rules and regulations, as well as CAL’s directives and instructions. Furthermore, CAL may, in its sole discretion, modify or deviate from the planned route for operational, safety or security reasons, or other reasons due to Force Majeure.
10.4. Convention Based Liability. CAL’s liability in respect of Cargo and any Services provided herein is limited by the Montreal Convention or the Warsaw Convention, as applicable, (including but not limited to any requirements in the submission of claims under the applicable Convention). Notwithstanding the generality of the foregoing, you hereby acknowledge and agree that the value of the Cargo does not, and shall not exceed the maximum SDR per kilo limitation, as set forth in the applicable Convention (“Convention Shelf”), and that subject to these Terms, in any case of loss, destruction or damage of any part of the Cargo, CAL shall not be liable for more than the actual value of the relevant portion the damaged Cargo, and in any event shall not be liable for more than the Convention Shelf. No declared value exceeding is the Convention Shelf is hereby permissible.
10.5. Limitation on Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, MARKET, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICES, EVEN IF CAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
10.6. Liability Cap. EXCEPT AS OTHERWISE SET FORTH HEREIN, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAL FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR LOSS REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICES EXCEED US$100. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
11.Indemnity. You agree to defend, indemnify and hold harmless CAL and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, fines, penalties, unpaid charges, costs and expenses (including but not limited to attorneys’ fees) which CAL may incur, suffer or be liable for, which related to or arising from: (i) your use of, or inability to use, the Services; (ii) any instructions, and/or any incorrectness, incompleteness or irregularity of the information provided by you; (iii) your failure to comply with the representations and warranties provided herein; or (iv) your violation of these Terms.
12.1 These Terms are effective until terminated by CAL or you. CAL, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms).
12.2 CAL shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site and or Services in any way, your only recourse is to immediately discontinue use of the Site and the Services.
12.3Upon termination of these Terms, you shall cease all use of the Site. This Section 12 and Sections 3 (Intellectual Property Rights), 7 (Privacy), 9 (Warranty Disclaimers), 10 (Performance Standards; Liability), 11 (Indemnity) and 13 (Independent Contractors) to 17 (General) shall survive termination of these Terms.
13.1.Applicable law may allow Consumers certain cancelation rights with respect to the Services provided through the Site. For purposes of this Section, a “Consumer” shall mean an Individual, who submitted a request for a shipment of Cargo, provided such shipment shall be for personal, non-commercial purposes only.
13.2.Where permitted under applicable law, Consumers may be entitled to cancel a booking for shipment of Cargo (a “Booking”) within fourteen (14) days from: (i) the date of the Booking; or (ii) the date the Consumer’s receipt of the Quote; provided that such cancelation is done at least two (2) Business Days prior to the date of the Booking. For purposes hereof, a “Business Day” shall mean Sunday – Thursday 9:00am – 17:00pm IDT.
13.3.Any request for canceling a Quote shall be subject to the submission of a Cancellation Request by the Consumer. A “Cancellation Request” shall mean a notice submitted using the contact information as set forth in Section 19 below (or any other method in accordance with Section 14I(a) to the Israeli Consumer Protection Act- 5741 – 1981 (the “ICPA”)), and shall include the Consumer’s name and ID number, and in the evet of an oral notice – an additional detail as agreed between Cal and the Consumer.
13.4. Cancellation Requests shall be subject to a cancellation fee in the amount equivalent to: (i) five percent (5%) of the amounts actually paid by the Consumer for the Booking or (ii) ILS 100, whichever is lower. Notwithstanding the foregoing, you hereby acknowledge and agree that CAL may also be entitled to collect from the Consumer the clearing fee charged by the clearing company for the cancelled Booking.
13.5Cancellation Requests shall be construed in accordance with these Terms; provided, however, that in the event of a conflict between these Terms and the ICPA, the ICPA shall prevail, mutatis mutandis.
14. Independent Contractors. You and CAL are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and CAL. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of CAL.
15. Force Majeure. CAL is not liable for any loss or damage arising out of circumstances beyond CAL’s control. These include but are not limited to: (i) electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of a shipment, even if known to CAL; (ii) any act or omission by a person not employed or contracted by CAL; and (iii) “Force Majeure” – e.g., earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
16. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by CAL without restriction or notification to you. Any prohibited assignment shall be null and void.
17. Governing Law. CAL reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and CAL shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel-Aviv and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that CAL may seek injunctive relief in any court of competent jurisdiction.
18. Changes. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes. If you do not agree to be bound by these Terms please do not access or use the Site.
19. General. These Terms shall constitute the entire agreement between you and CAL concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
CAL Cargo AirLines Ltd.1 Hayarden Street, Airport City P.O.B. 271 Ben Gurion Airport 70100, Israel