Customer Advance Deposit Facility – Terms And Conditions
Effective Date: The date on which the Customer electronically accepts these Terms and Conditions.
These Terms and Conditions (“Terms”) govern the Customer Advance Deposit Facility provided by SolitAir Cargo Express Services DWC-LLC (“SolitAir”) to the customer identified in the applicable customer registration, account application, electronic acceptance record or other applicable customer documentation (“Customer”). SolitAir and the Customer are individually referred to as a “Party” and collectively as the “Parties”.
By electronically accepting these Terms, the Customer confirms that it has read, understood and agreed to be legally bound by these Terms in connection with the Advance Deposit Facility and the services to which the facility applies.
1.PURPOSE AND NATURE OF THE ARRANGEMENT
1.1. The Customer wishes to avail itself of a prepaid or advance deposit facility with SolitAir for the payment of applicable charges relating to shipments and services provided by SolitAir to the Customer.
1.2. Under this arrangement, the Customer shall maintain an advance deposit with SolitAir (the “Advance Deposit”),from which SolitAir may deduct applicable charges incurred by the Customer in connection with shipments and services, including acceptance, carriage, delivery and any other agreed charges (the “Applicable Charges”).
1.3. The amount standing to the credit of the Customer’s Prepaid Account from time to time, after taking into account all deposits, deductions, adjustments and amounts reserved by SolitAir in accordance with these Terms, shall be referred to as the “Deposit Balance”.
1.4. The Advance Deposit constitutes an advance payment against future Applicable Charges and shall not constitute a loan, credit facility or financing arrangement provided by SolitAir to the Customer.
1.5. The Customer shall at all times maintain a sufficient Deposit Balance to satisfy all Applicable Charges and shall replenish the Prepaid Account in accordance with Clause 5 whenever required by SolitAir.
2. INITIAL DEPOSIT AND PAYMENT TERMS
2.1. Prior to commencement of the Advance Deposit Facility, the Customer shall pay the applicable Advance Deposit by one of the following methods accepted by SolitAir (i) cash deposit; (ii) bank transfer to the designated bank account as confirmed by SolitAir to the Customer or (iii) card transaction.
2.2. The Advance Deposit and any subsequent replenishments shall be considered received only when the relevant funds have been credited to SolitAir’s designated bank account as cleared funds.
2.3. The Advance Deposit and any subsequent replenishments shall be credited to the Customer’s prepaid account maintained by SolitAir (“Prepaid Account”) upon receipt and clearance of funds.
2.4. SolitAir shall have no obligation to provide services against the Prepaid Account until the Advance Deposit has been received as cleared funds.
2.5. No interest or other financial benefit shall be payable on the Deposit Balance.
2.6. The Customer shall bear all bank charges, transfer fees and currency conversion costs relating to deposits or replenishments.
2.7. In the event of payment by card, the Customer shall also bear the applicable card processing charges, which shall be added to the amount payable by the Customer.
2.8. All Applicable Charges are exclusive of VAT and other applicable taxes, which shall be payable by the Customer and charged to the Prepaid Account, as applicable.
2.9. Promotional Value
- (a) In cases where the Customer makes an Advance Deposit of a minimum of AED 50,000 (United Arab Emirates Dirhams Fifty Thousand only), whether by cash or bank transfer, the Customer shall be eligible to receive a Promotional Value equivalent to two percent (2%) of the Advance Deposit, which may be utilised against subsequent eligible services provided by SolitAir.
- (b)In the event the Customer requests closure of its account and a refund of any remaining Advance Deposit balance, any Promotional Value granted by SolitAir shall be deemed forfeited and shall not form part of the refundable amount.
3. USE AND APPLICATION OF THE ADVANCE DEPOSIT
3.1. SolitAir shall be entitled to deduct Applicable Charges from the Deposit Balance as and when such charges become due or are incurred.
3.2. Deductions shall be made based on SolitAir’s applicable tariffs, agreed commercial terms, shipment documentation, invoices or other applicable records.
3.3. The Customer authorises SolitAir to make such deductions from the Deposit Balance without requiring separate payment for each individual transaction.
3.4. SolitAir may reserve or earmark any portion of the Deposit Balance against Applicable Charges reasonably anticipated in connection with any shipment accepted or service commenced. Any amount so reserved or earmarked shall be treated as unavailable when determining whether sufficient funds are available for further shipments or services.
3.5. Where any Applicable Charge is initially based on an estimate, SolitAir may subsequently adjust the amount deducted from the Prepaid Account to reflect the final Applicable Charge actually incurred or payable.
3.6. SolitAir may apply any amount standing to the credit of the Prepaid Account against any amount due and payable by the Customer to SolitAir in connection with the services or any other agreement between the Parties, irrespective of whether such amount relates to the particular shipment for which the Advance Deposit was originally made.
4. ACCOUNT STATEMENTS AND RECONCILIATION
4.1. SolitAir shall maintain records of deposits, deductions, adjustments and other transactions recorded against the Prepaid Account.
4.2. The Customer shall be responsible for reviewing the information and statements made available by SolitAir and for promptly reconciling the same against its own records.
4.3. Any discrepancy or dispute relating to a transaction, deduction or account statement shall be notified by the Customer to SolitAir in writing, with reasonable supporting details, within seven (7) Business Days after the relevant transaction or statement is notified or made available to the Customer.
4.4. In the absence of such notification within the period specified in Clause 4.3, the relevant statement or transaction shall be deemed accepted by the Customer, save in the case of manifest error.
4.5. Any discrepancy or dispute notified by the Customer shall not relieve the Customer of its obligation to maintain and replenish the Prepaid Account in accordance with these Terms, unless otherwise agreed in writing by SolitAir.
5. MINIMUM BALANCE AND REPLENISHMENT
5.1. The Prepaid Account shall be maintained in accordance with the provisions mentioned in the Agreement.
5.2. Where the Deposit Balance reaches or falls below the Minimum Balance, the Customer shall replenish the Prepaid Account by such amount as is required to restore the Deposit Balance to the Advance Deposit amount specified in Clause 5.1.
5.3. The Customer shall make the required replenishment promptly following notification by SolitAir and, in any event, before acceptance of any further shipment or provision of any further service requiring use of the Prepaid Account.
5.4. SolitAir may require the Customer to replenish the Prepaid Account at any time where SolitAir reasonably considers that the Deposit Balance is insufficient, or is likely to become insufficient, to cover existing or anticipated Applicable Charges.
5.5. If the Customer fails to maintain or replenish the required Advance Deposit Balance, SolitAir may exercise its rights under Clause 6.
6. INSUFFICIENT FUNDS AND SERVICE RESTRICTIONS
6.1. If the Deposit Balance is insufficient, or is reasonably expected by SolitAir to be insufficient, to satisfy any Applicable Charges, SolitAir may, at its sole discretion:
- (a) require immediate replenishment of the Prepaid Account;
- (b) refuse to accept or process any further shipment;
- (c) suspend, withhold or discontinue any relevant services until sufficient cleared funds are received; and/or
- (d) require payment of the applicable charges through another payment method approved by SolitAir.
6.2. Any temporary continuation of services despite an insufficient Deposit Balance shall not constitute a waiver of SolitAir’s rights under these Terms.
6.3. The Customer shall remain liable for all Applicable Charges incurred or payable in connection with shipments or services provided to the Customer, irrespective of whether sufficient funds were available in the Prepaid Account when such charges were incurred, invoiced or became payable.
7. REFUNDS AND APPLICATION OF SURPLUS BALANCE
7.1. Upon termination or expiry of these Terms, SolitAir shall reconcile the Prepaid Account.
7.2. Following termination or expiry, SolitAir may retain such portion of the Deposit Balance as SolitAir reasonably considers necessary to satisfy:
- (a) all outstanding Applicable Charges;
- (b) any pending transactions, claims, adjustments or unbilled charges relating to shipments accepted or services provided prior to termination or expiry; and
- (c) any other amount properly due and payable by the Customer to SolitAir under these Terms or any other applicable contractual arrangement between the Parties.
7.3. SolitAir shall not be required to refund any amount that is required to satisfy outstanding or reasonably anticipated charges relating to shipments already accepted or services already provided.
7.4. Subject to Clauses 7.2 and 7.3, any remaining positive Deposit Balance shall be refunded to the Customer within sixty (60) days following completion of the final reconciliation.
7.5. Any refund shall, unless otherwise agreed by SolitAir, be made to the bank account from which the relevant Advance Deposit was received or to another bank account held in the Customer’s name and verified to SolitAir’s satisfaction.
7.6. SolitAir may require such identification, know-your-customer (“KYC”), compliance or banking documentation as it reasonably considers necessary before processing any refund.
7.7. Any Promotional Value granted to the Customer shall be forfeited upon the Customer’s request to close its account and obtain a refund, in accordance with Clause 2, and shall not form part of the refundable amount.
8. RELATIONSHIP WITH OTHER AGREEMENTS
8.1. These Terms govern only the payment mechanism and operation of the Prepaid Account.
8.2. Unless expressly agreed otherwise, the Customer’s underlying contractual, commercial and operational arrangements with SolitAir shall continue to apply, including the provisions of Annexure A – Services, set out below.
8.3. Except solely to the extent expressly provided in these Terms in relation to the operation of the Prepaid Account and payment mechanism, nothing in these Terms shall amend, replace, supersede or waive any term of an existing agreement between the Parties governing cargo acceptance, carriage, delivery, transportation or other services.
8.4. In the event of any conflict concerning the payment mechanism, these Terms shall prevail solely in relation to the operation of the Prepaid Account, unless expressly agreed otherwise in writing.
9. CUSTOMER RESPONSIBILITIES
9.1. The Customer shall:
- (a) ensure that all information provided to SolitAir is accurate and complete;
- (b) maintain complete and accurate records of all deposits, deductions and transactions;
- (c) maintain adequate internal records relating to its deposits, shipments, Applicable Charges and transactions under the Prepaid Account;
- (d) promptly replenish the Prepaid Account when required under these Terms;
- (e) promptly notify SolitAir of any changes to its authorised representatives or payment instructions; and
- (f) comply with all applicable laws, regulations and SolitAir requirements relating to the services.
9.2. The Customer shall not transfer, assign, pledge, charge or otherwise create any security interest over the Deposit Balance or any rights relating to the Prepaid Account without SolitAir’s prior written consent.
10. NO CREDIT FACILITY
10. 1. The Customer acknowledges that the Prepaid Account is a prepayment mechanism only.
10.2. Nothing in these Terms shall be construed as requiring SolitAir to provide credit, financing, deferred payment terms, overdraft facilities or any other form of credit accommodation to the Customer.
10.3. SolitAir shall have no obligation to permit the Deposit Balance or the Prepaid Account to have a negative balance.
10.4. All amounts required to be paid or replenished by the Customer under these Terms shall be paid in full without set-off, counterclaim, deduction or withholding, except to the extent required by applicable law.
11. SUSPENSION OF THE PREPAID ACCOUNT
11.1. SolitAir may suspend the Customer’s access to the Prepaid Account upon written notice where the Customer fails to comply with its obligations under these Terms.
11.2. Where circumstances reasonably require immediate action, including fraud, regulatory concerns or material financial exposure, SolitAir may suspend the facility immediately and notify the Customer as soon as reasonably practicable.
11.3. Suspension shall not affect the Customer’s liability for Applicable Charges already incurred.
12. TERM AND TERMINATION
12.1. These Terms shall commence on the Effective Date and shall continue until terminated in accordance with this Clause 12.
12.2. Either Party may terminate the Advance Deposit Facility by giving ninety (90) days’ prior written notice to the other Party.
12.3. SolitAir may terminate the Advance Deposit Facility with immediate effect by written notice where the Customer:
- (a) materially breaches these Terms and fails to remedy such breach within seven (7) days of notice;
- (b) repeatedly fails to replenish the Prepaid Account;
- (c) becomes insolvent, enters liquidation, administration or a similar process; or
- (d) engages in fraudulent, unlawful or materially improper conduct.
12.4. Termination shall not affect any rights or liabilities accrued prior to termination.
13. FINAL ACCOUNT RECONCILIATION
13.1. Upon termination, SolitAir shall conduct a final reconciliation of the Prepaid Account.
13.2. The Customer shall remain responsible for all Applicable Charges incurred prior to termination, including charges that become identifiable or payable following termination in respect of services or shipments undertaken before termination.
13.3. Subject to Clause 7, any remaining positive Deposit Balance shall be refunded to the Customer following completion of the final reconciliation.
14. LIABILITY AND INDEMNITY
14.1. Nothing in these Terms shall limit or exclude any liability that cannot lawfully be limited or excluded.
14.2. Subject to Clause 14.1. each Party shall be responsible for its respective obligations under these Terms.
14.3. The Customer shall indemnify and hold harmless SolitAir against losses, claims, costs or liabilities arising from the Customer’s unauthorised use of the Prepaid Account, fraudulent instructions or breach of these Terms, except to the extent caused by SolitAir’s negligence, wilful misconduct or breach of these Terms.
15. CONFIDENTIALITY
15.1. Each Party shall keep confidential all non-public commercial, financial, operational and other confidential information received from the other Party in connection with these Terms.
15.2. The confidentiality obligations under Clause 15.1. shall not apply to information that:
- (a) is publicly available other than as a result of a breach of these Terms;
- (b) is independently developed by the receiving Party;
- (c) is lawfully obtained from a third party without an obligation of confidentiality; or
- (d) is required to be disclosed by law or a competent authority.
16. DATA AND RECORDS
16.1. Each Party shall comply with applicable data protection and privacy laws in relation to personal information processed under these Terms.
16.2. SolitAir may retain transaction records, payment records and account information for the period required by applicable law, regulatory requirements and its internal record-retention policies.
17. NOTICES
17.1. Any notice under these Terms shall be made in writing and delivered by email, courier or other agreed written means to the relevant Party’s designated contact details as mentioned in the Agreement.
17.2. Each Party shall promptly notify the other Party of any change to its designated notice details.
18. MISCELLANEOUS
18.1. The Customer shall not assign, transfer or otherwise dispose of its rights or obligations under these Terms without SolitAir’s prior written consent. SolitAir may assign or transfer these Terms to an affiliate or successor entity, subject to applicable law.
18.2. Force Majeure. Neither Party shall be liable for any delay or failure to perform its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, provided that the affected Party promptly notifies the other Party and takes reasonable steps to mitigate the effects of such circumstances.
18.3. No amendment, modification or variation of these Terms shall be effective unless made in writing and duly authorised by both Parties
18.4. Entire Agreement. These Terms, together with any schedules or documents expressly incorporated herein, constitute the entire agreement between the Parties concerning the Prepaid Account arrangement and supersede any prior discussions or correspondence relating specifically to that arrangement, subject to Clause 8.
18.5. If any provision of these Terms is held to be invalid or unenforceable, that provision shall, to the extent possible, be modified to give effect to the Parties’ original intention, and the remaining provisions shall continue in full force and effect.
18.6. Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates and the applicable laws of the Emirate of Dubai. The courts of Dubai, United Arab Emirates, shall have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms, unless otherwise agreed in writing by the Parties.
18.7. Inconsistency: In the event of any inconsistency or conflict between this Terms and the Agreement, this Terms shall prevail to the extent of such inconsistency or conflict.
18.8. Electronic Acceptance and Signature. These Terms may be accepted electronically, including through an electronic signature platform or other electronic acceptance mechanism made available by SolitAir. Such electronic acceptance shall constitute the Customer’s acceptance of and agreement to be bound by these Terms, subject to applicable law. Where execution by both Parties is required or separately agreed, these Terms may be executed in counterparts and by electronic signature, each of which shall constitute an original and all of which together shall constitute one and the same instrument.
ANNEXURE A – SERVICES
1. PURPOSE AND SCOPE OF SERVICES
1.1. In consideration of the advance payment made by the Customer, SolitAir shall provide cargo receiving, acceptance, storage and related services in respect of cargo delivered by or on behalf of the Customer to SolitAir at its designated cargo receiving facilities, warehouse, terminal or other approved locations (“Cargo Services”), subject to these Terms, the applicable approved tariffs, and SolitAir’s applicable cargo security and operational requirements.
1.2. The Cargo Services shall apply to general cargo, special cargo, perishable cargo and other cargo accepted by SolitAir within the agreed scope of services, subject to the applicable cargo characteristics, requirements and regulatory restrictions.
1.3. Any additional services, special handling requirements or services outside the agreed scope shall be subject to SolitAir’s prior written approval and the applicable additional charges in accordance with these Terms and applicable law.
2. CARGO SERVICES
The Cargo Services to be provided by SolitAir to the Customer under this Annexure shall comprise the following services, as applicable to the Customer’s cargo and operational requirements. The applicable charges for such Cargo Services shall be as communicated by SolitAir to the Customer and/or set out in the applicable rate card:
| 1. | Export Storage from Acceptance | |
| 1 | General Cargo and Mail | |
| 2 | Special cargo | |
| 3 | Perishable cargo | |
| 2. | Transit Storage from RCF | |
| 1 | Cargo and Mail | |
| 2 | Special Cargo | |
| 3 | Perishable Cargo | |
| 3. | Re-Processing | |
| Manifested but Offloaded Cargo and Mail | ||
| 4. | Inter Terminal Transfer (ITT) | |
| Transfer to and from EK, DNATA, UPS and Fedex Terminal Airside | ||
| 5. | Rfs Either Loading or Unloading | |
| 1 | Roller Bed Truck | |
| 2 | Flat Bed or Bulk Truck | |
| 6. | Security Processing Assistance / Primary Screening of Cargo and Mail | |
| 7. | Secondary Screening Assistance: ETD | |
| 1 | ETD | |
| 2 | EDD | |
| 8. | Courier Bag Scanning | |
| 9. | De-palletize; re-shape; re-build; re-contour | |
| 10. | Re-Weighing | |
| 11. | Re-Measuring | |
| 12. | Re-Labelling Activity | |
| 13. | Amendment AWB | |
| 14. | Forklift | |
| 15. | Kennel Restraining Equipment (Bulk Hold Only) | |
| 16. | Battery Recharge of RAP/RKN | |
| 17. | Fire Containment Cover – Per Pallet | |
| 18. | Fire Containment Cover – Per Bulk Bag | |
| 19. | Airside Pickup or Delivery of Cargo | |
| 20. | Express Pickup or Delivery when Aircraft on Ground | |
| 21. | Import Storage | |
| 1 | General Cargo | |
| 2 | Special Cargo | |
| 3 | Perishable Cargo | |
| 22. | Okay to Forward Shipment | |
| 1 | DGR | |
| 2 | AVI/PER/GEN | |
| 3 | Additional Check List (Includes DGR/ELI/ELM/VEH) | |
| 4 | NOTOC for ELI/ELM Shipments | |
| 5 | Cargo Security Declaration | |
| 23. | Return of Undelivered Shipment | |
| 1 | PER AWB | |
| 2 | DGR AWB | |
| 24. | Disposal of Shipments | |
| 25. | DISCARD of AVI | |
| 26. | Cleaning of DG Material | |
| 27. | Manual Sita Message Creation Fee (For Advance Customs Information Purposes) | |
| 1 | FWB Message | |
| 2 | FFM Message [On Import] | |
| 3 | FHL Message | |
| 4 | FBL Message [On Export] | |
| 5 | FSU – BKD | |
| 28. | Resealing of Cartons at Export / Import | |
| 29. | Restrapping + Resealing of Cartons at Export / Import | |
| 30. | Scheduled Services (Adhoc Flights/Trucks) Import & Export Manifest Weights | |
| 31. | Unscheduled Services (ADHOC Flights) Import & Export Manifest Weights | |
| 32. | Unscheduled Services (ADHOC Trucks) Import & Export Manifest Weights | |
| 33. | Transit / Transfer Manifest Weights | |
| 34. | Break and Build Processing Charges | |
| 1 | Cargo and Mail | |
| 2 | ULD / XYP / XYS / VCB / Build Up / Break Down / Administration Charges | |
| 3 | Terminal Handling Charges | |
| 4 | Seals | |
| 5 | Valuable cargo security handling for flight delays | |
| 6 | Valuable Cargo Security Handling for Change of Aircraft / Cancellation of Flight | |
| 7 | Cling Wrapping / Metal Strapping / Canvas Bags | |
| 8 | Weighing of shipments (optional) | |
| 9 | Communication charges | |
| 10 | Valuable cargo security handling | |
| 11 | Special security monitoring/ escorting | |
| 12 | No show charges | |
| 13 | Screening charges | |
3. CARGO RECEIVING AND ACCEPTANCE
3.1. The Customer shall ensure that all cargo delivered to SolitAir is properly prepared, packed, secured, marked, labelled, declared, and otherwise prepared for safe and lawful receiving, transportation, and storage, having regard to the nature and characteristics of such cargo.
3.2. The Customer shall ensure that each shipment is accompanied by all documents, declarations, information, permits, licences, and approvals required under this Agreement, the applicable Air Waybill (“AWB”), booking confirmation, and applicable laws and regulations, including, where applicable:
- (a) air waybill (MAWB / HAWB);
- (b) cargo manifest and delivery note;
- (c) commercial invoice and packing list;
- (d) customs documentation and clearance approvals;
- (e) Dangerous Goods Declaration and relevant permits;
- (f) special handling instructions; and
- (g) any other document or information reasonably required by SolitAir for the safe, secure, lawful, and operationally compliant acceptance of the cargo.
- (h) The Customer shall ensure that all declarations, documents, and information provided to SolitAir are accurate, complete, valid, and consistent with the cargo delivered.
- (i) The Customer shall disclose to SolitAir, prior to or at the time of delivery, all relevant information concerning the nature, characteristics, value, condition, and any hazardous, restricted, temperature-sensitive, perishable, fragile, or otherwise special characteristics of the cargo.
- (j) The Customer shall obtain and maintain all customs, aviation, security, health, municipality, and other regulatory approvals, permits, licences, and clearances required for the lawful delivery of the cargo, unless expressly agreed otherwise in writing.
3.3. The Customer shall ensure that the person delivering the cargo is duly authorised and shall provide valid identification and authorisation documents as reasonably requested by SolitAir.
3.4. The Customer shall deliver the cargo to SolitAir at the designated receiving location and during the applicable receiving hours, sufficiently in advance of the applicable ‘Latest Acceptance Time’, where applicable, to permit completion of the required customs, security, screening, and acceptance procedures prior to the scheduled departure.
3.5. The Customer shall promptly notify SolitAir of any known damage, shortage, leakage, contamination, tampering, discrepancy, or other condition affecting the cargo and shall cooperate with SolitAir in any inspection, reporting, or resolution process.
4. CARGO RECEIVING, ACCEPTANCE AND INSPECTION
4.1. Upon presentation of the cargo, SolitAir shall undertake the applicable receiving and acceptance checks, which may include:
- (a)verification of the AWB, cargo manifest, delivery note, and other applicable documents;
- (b)verification of the shipper, consignee, cargo description, number of pieces, weight, and other shipment details;
- (c)verification of the identity and authorisation of the person delivering the cargo;
- (d)verification of applicable customs, security, regulatory, and other approvals;
- (e)physical verification of the number of packages and the apparent external condition of the cargo;
- (f)verification of applicable packaging, labels, markings, and special requirements; and
- (g)applicable security screening and cargo acceptance checks.
4.2. Subject to completion of the applicable acceptance requirements, SolitAir shall record the receipt of the cargo in its applicable cargo management system and/or receiving documentation and may issue a cargo receiving acknowledgement or equivalent confirmation of receipt, where applicable.
4.3 Any cargo receiving acknowledgement issued by SolitAir shall confirm receipt of the cargo only and shall not constitute:
- (a) confirmation of the accuracy, completeness, or validity of the Customer’s declarations, documents, or information;
- (b) confirmation that the cargo is free from latent defects, concealed damage, or undisclosed hazardous characteristics;
- (c) acceptance of any cargo outside the agreed scope of services; or
- (d) a waiver of any right or remedy available to SolitAir under the Agreement or applicable law.
4.4 SolitAir may inspect the apparent external condition of the cargo at the time of receipt and may record any visible damage, shortage, leakage, tampering, or discrepancy identified during the receiving process, including through photographs or other supporting records where appropriate.
5. EXCEPTIONS, HOLDING AND REJECTION OF CARGO
5.1. SolitAir shall be entitled to reject, defer, or place on hold any shipment, or any part thereof, where:
- (a) documentation or information is missing, incomplete, inaccurate, invalid, or inconsistent with the cargo delivered;
- (b) the cargo does not correspond with the accompanying documents or declarations;
- (c) the person delivering the cargo is not duly authorised;
- (d) the cargo is damaged, leaking, contaminated, tampered with, improperly packed, labelled, marked, or otherwise unsafe;
- (e) required customs, security, screening, regulatory, or other approvals are unavailable or cannot be completed;
- (f) the cargo contains undeclared dangerous goods, restricted cargo, or other prohibited or non-compliant items;
- (g) the cargo falls outside the agreed scope of services; or
- (h) any other circumstance arises that prevents the safe, secure, lawful, or operationally compliant acceptance.
5.2. Where any discrepancy, damage, or other issue is identified, SolitAir may:
- (a) record the details in the receiving documentation or cargo management system;
- (b) notify the Customer or its authorised representative, where reasonably practicable;
- (c) require clarification, additional documentation, or corrective action; and
- (d) hold, reject, segregate, or defer acceptance of the affected cargo where reasonably necessary for safety, security, regulatory compliance, or protection of the cargo.
5.3. SolitAir shall, where reasonably practicable, notify the Customer of any material issue identified and provide the Customer with an opportunity to rectify the issue, provided that no exception, deviation, or acceptance shall be permitted where it would contravene applicable law, aviation security requirements, or mandatory regulatory restrictions.
5.4. Acceptance of cargo by SolitAir shall not relieve the Customer of responsibility for pre-existing damage, inadequate packaging, inaccurate or incomplete declarations, undisclosed cargo characteristics, or any other matter attributable to the Customer, subject to the Agreement, Terms and applicable law.
6. SOLITAIR’S OBLIGATIONS
6.1 Subject to the terms of the Agreement and this Terms, SolitAir shall:
6.2 receive and process cargo delivered by or on behalf of the Customer at the designated receiving facility;
- (a) carry out the applicable document verification, cargo acceptance, and security screening checks;
- (b) record accepted cargo in the applicable cargo management system and/or receiving documentation;
- (c) maintain applicable cargo receiving, and storage records; and
- (d) notify the Customer of any material discrepancy, damage, or issue identified during the receiving and acceptance process, where reasonably practicable.
- (e) SolitAir shall perform Cargo Services with reasonable care and skill and in accordance with applicable laws, regulations, aviation security requirements, and the agreed service scope.
6.3 SolitAir shall not be responsible for any delay, loss, damage, cost, or liability arising from inaccurate or incomplete declarations, inadequate packaging, incorrect documentation, undisclosed cargo characteristics, or any other breach of the Customer’s obligations, except to the extent caused by SolitAir’s breach of the Agreement, Terms or applicable law.
7.SECURITY, REGULATORY AND SPECIAL CARGO REQUIREMENTS
7.1 All cargo received by SolitAir shall be subject to the applicable aviation security, cargo screening, customs, and other regulatory requirements.
7.2 The Customer shall provide all declarations, permits, certificates, and special instructions, if any, required for dangerous goods, perishable cargo, temperature-sensitive cargo, fragile cargo, or other cargo requiring special treatment.
8. CHARGES AND STORAGE PERIOD
8.1 All applicable cargo receiving, screening, storage, processing, and other charges shall be applied in accordance with the agreed commercial terms and approved tariff set out in the Agreement or applicable commercial schedule.
8.2 Unless otherwise agreed in writing, the following storage charges shall apply:
- (a) General and special cargo: storage charges shall commence after forty-eight (48) hours from the recorded RCF (Receival Cargo Freight) time.
- (b) Perishable cargo: storage charges shall commence after eight (8) hours from the recorded RCF time.
8.3 Any cargo remaining in storage beyond the applicable free storage period shall be subject to the applicable storage charges, which shall be payable by the Customer in accordance with the Agreement.
8.4 Any additional charges arising from regulatory requirements, storage, screening, or other services requested by the Customer or necessitated by the cargo shall be payable in accordance with the applicable tariff and agreed commercial terms.
9. CARGO RECEIVING RECORDS
9.1. SolitAir shall maintain applicable records relating to the receipt of cargo, which may include:
- (a) air waybills and cargo manifests
- (b) cargo receiving acknowledgements;
- (c) delivery notes and supporting documents;
- (d) customs and regulatory approvals;
- (e) security screening records, where applicable;
- (f) cargo inspection and damage reports;
- (g) warehouse receiving and movement records; and
- (h) applicable system transaction logs.
9.2. The Customer shall provide and retain the documents required of it under the Agreement, Terms and applicable laws.





