Legal
Brokerage terms
Terms on which Black Standard arranges air cargo charter and ACMI capacity for business customers.
1. Business customers only
These terms apply exclusively to businesses, public bodies and other professional users acting in the course of their trade or profession.
No contract is concluded with consumers. Enquiries that are evidently private are declined or referred elsewhere.
2. Our role
Black Standard acts as an independent intermediary. We are neither an air carrier nor a freight forwarder acting as carrier. We operate no aircraft, hold no Air Operator Certificate and employ no crew.
Our service consists of sourcing capacity, comparing operators, structuring the commercial terms and coordinating handling.
3. Contract of carriage
The contract of carriage is concluded between the customer and the performing operator. That operator's conditions of carriage, liability regime and insurance apply to the flight.
Where we transmit documents or confirmations, we do so on behalf of the parties and do not thereby become a party to the contract of carriage.
4. Operator liability
The operator's liability for cargo is governed by the Montreal Convention 1999 where it applies.
That regime limits liability for destruction, loss, damage or delay to cargo to a fixed amount per kilogram of the affected consignment, unless a higher value was declared and the applicable surcharge paid at the time of handover.
Customers who require cover beyond that limit should declare the value or arrange separate cargo insurance before departure.
5. Our liability
Our liability is limited to the careful selection of the operator and the diligent performance of the brokerage service.
We accept no liability for the performance of the flight itself, nor for delay, damage, loss or non-performance attributable to the operator, to handling agents or to authorities.
Liability for intent and gross negligence, and for injury to life, body or health, remains unaffected.
6. Offers and reservations
Offers are without obligation and remain subject to availability of the aircraft, slots, overflight and landing permits, ground handling capacity, achievable payload and acceptance of the cargo by the operator.
Prices are based on the parameters stated at the time of quoting. Changes to route, dates, weights, dimensions or handling requirements may change the price.
7. Payment, cancellation and dead freight
The framework is as follows: charter prices are payable in advance of departure unless a credit arrangement has been agreed in writing; cancellations are subject to the operator's cancellation scale, which typically rises as departure approaches; costs already incurred for positioning, permits, slots or handling remain payable.
The concrete payment terms, the cancellation scale and any dead freight charges are set out in the individual quotation and prevail over this framework.
8. Customer duties
The customer warrants that all information about the commodity, dimensions, weights, packaging, stackability, documents and any dangerous goods is complete and correct.
Incorrect or incomplete information may lead to refusal of loading, re-planning, additional flight time, demurrage or cancellation. The resulting costs are borne by the customer.
9. Dangerous goods
Dangerous goods are accepted only after prior declaration in accordance with the IATA Dangerous Goods Regulations and only after express acceptance by the operator.
Undeclared dangerous goods entitle the operator and us to refuse carriage at any time, at the customer's cost.
10. Confidentiality
Information provided by the customer is used solely to source capacity and to perform the engagement.
Operator identities, purchase prices and our margin are not disclosed. Both parties treat commercial terms as confidential.
11. Sanctions and export control
Every engagement is subject to applicable sanctions, embargo and export control law of the European Union and of any other jurisdiction that binds the parties or the operator.
We may refuse or discontinue an engagement without liability where a sanctions, embargo or export control obstacle exists or arises.
12. Governing law, jurisdiction and language
These terms are governed by German law. The exclusive place of jurisdiction is Karlsruhe, Germany.
The English version of these terms is the authoritative version. Translations are provided for convenience; in the event of any discrepancy the English text prevails.
13. Severability
Should any provision of these terms be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by a valid provision that comes closest to its commercial purpose.