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Air freight terms and conditions

Flanker Logistics Solutions, LLC, TSA-approved Indirect Air Carrier · Revision 2026-10. These terms govern every air freight shipment quoted, booked or arranged by Flanker.

1. Application and Acceptance

These Terms and Conditions (“Terms”) govern every air freight shipment quoted, booked, or arranged by Flanker Logistics Solutions, LLC (“Flanker”), a TSA-approved Indirect Air Carrier (IAC), and are incorporated by reference into every quote, booking confirmation, and house air waybill (“HAWB”) issued by Flanker. Tender of cargo to Flanker or its designated agent constitutes acceptance of these Terms by the shipper and the party requesting the booking (“Customer”). Carriage is also subject to the conditions of contract of the issuing HAWB and of the carrying airline’s master air waybill; in the event of conflict, applicable international conventions control, then these Terms. Where Flanker issues its own HAWB, it acts as an indirect air carrier with respect to that shipment; where it books carriage in Customer’s name without issuing a HAWB, it acts solely as Customer’s agent, and its responsibility is limited to exercising reasonable care in the selection of carriers and other service providers. Where a Shipper–Broker Transportation Agreement or Customer Application is in effect between Customer and Flanker, these Terms control for air shipments to the extent of any conflict.

2. Security Screening; Shipper Certification; Known Shipper

A. Screening consent. All cargo is subject to aviation security screening under TSA regulations, including 49 C.F.R. Part 1548, and may be opened, inspected, X-rayed, screened by explosives trace detection or canine, or physically searched by Flanker, the air carrier, TSA, or an authorized screening facility, without notice. Customer consents to such screening. Cargo tendered in a manner that prevents screening will be refused. Screening fees, if assessed, are for Customer’s account.

B. Security certification. By tendering cargo, Customer certifies that the shipment does not contain any unauthorized explosives, incendiaries, destructive devices, or other items prohibited aboard aircraft; that the contents are fully and accurately described; and that the cargo has been prepared and protected against unauthorized access from the time of packing until tender.

C. Known Shipper status. Cargo is eligible for transport aboard passenger aircraft only if the originating shipper is verified through the TSA Known Shipper Management System. Cargo from shippers who are not Known Shippers will move only on all-cargo aircraft, which may affect routing, capacity, transit time, and price. Flanker may request information and site verification to establish or confirm Known Shipper status, and may refuse any shipment where status cannot be verified. Any attempt to misrepresent the identity of the originating shipper, the origin of the cargo, or Known Shipper status will result in immediate refusal of the cargo and reporting as required by law.

D. Refusal. Flanker and the air carrier may refuse, hold, return, or re-route any cargo that fails or frustrates screening, documentation, or security requirements, without liability. All resulting storage, handling, inspection, and return charges are for Customer’s account.

3. Shipment Information, Documentation, and Export Compliance

A. Accuracy. Customer is solely responsible for the accuracy and completeness of all information furnished for each shipment, including piece count, weight, dimensions, commodity description, value, marks, and consignee details. Chargeable weight is the greater of actual gross weight or volumetric weight computed under applicable IATA rules. Shipments are subject to reweigh and re-dimensioning, and any resulting adjustments, carrier penalties, and an administrative fee are for Customer’s account.

B. Documentation. For each export shipment, Customer shall furnish a completed and signed Shipper’s Letter of Instruction (SLI) and all documents required for carriage and clearance. Where Flanker files Electronic Export Information (EEI) on Customer’s behalf, a valid Power of Attorney or written authorization is required, and Customer, as U.S. Principal Party in Interest (USPPI), remains responsible under 15 C.F.R. Part 30 for the accuracy of all data furnished. Flanker is not responsible for delays, penalties, or seizure arising from missing, late, or inaccurate information or documents supplied by Customer.

C. Export controls. Customer warrants that neither it nor any party to the transaction is listed on any U.S. denied or restricted party list; that the goods, destination, end-use, and end-user comply with the Export Administration Regulations, the International Traffic in Arms Regulations, and all sanctions administered by OFAC; and that Customer has obtained any required export license. Customer shall defend, indemnify, and hold Flanker harmless from all fines, penalties, seizures, and expenses, including attorneys’ fees, arising from any breach of this Section 3.

4. Dangerous Goods

No hazardous materials or dangerous goods of any kind, including lithium batteries and items containing them, may be tendered unless declared to Flanker in advance, accepted by Flanker in writing, and tendered in full compliance with the current IATA Dangerous Goods Regulations and 49 C.F.R. Parts 171–180, properly classified, packaged, marked, labeled, and accompanied by a Shipper’s Declaration for Dangerous Goods prepared by a trained and certified person. Tender of undeclared, misdeclared, or hidden dangerous goods is a material breach: Customer bears all resulting fines, civil and criminal penalties, damages, delays, and costs, including FAA and TSA penalties assessed against Flanker or the air carrier; shall defend, indemnify, and hold Flanker harmless from all resulting claims; and the shipment may be refused, returned, quarantined, or destroyed at Customer’s sole expense without liability or compensation.

5. Prohibited and Restricted Commodities

The following commodities are not accepted without Flanker’s prior written approval, and additional restrictions of the carrier, consolidator, or destination country may apply: firearms, weapons, parts, and ammunition; air guns, paint ball, BB and pellet guns, crossbows, and spear guns; explosives (Class 1); radioactive material (Class 7); chemical or biological agents; live animals; human remains (coffins or ashes); perishables; highvalue cargo exceeding USD $1,000 per kilogram; fine art; jewelry, precious metals and stones; bank notes, coins, bullion, treasury notes, and negotiable instruments (stocks, deeds, securities, checks); memory cards and computer chips; mobile phones; tobacco and tobacco products; and liquor and spirits. Cargo tendered in violation of this Section may be refused, held, or returned at Customer’s sole cost, and Customer remains liable for all charges incurred. Approved high-value or restricted shipments may be subject to additional security protocols, valuation charges, and insurance requirements.

6. Quotes, Bookings, and Cutoffs

A. Quotes. Quotes are valid for seven (7) days unless otherwise stated, are based on the information furnished by Customer, exclude duties, taxes, and destination charges unless itemized, and remain subject to carrier rate changes, fuel and security surcharges in effect at time of uplift, space and equipment availability, loadability (narrowbody vs. widebody equipment), and carrier acceptance at time of tender. Unless otherwise stated, rates are quoted in U.S. Dollars for general, lower-deck cargo, with volumetric weight computed at a 1:6 ratio (6,000 cm³ per kg). A booking is confirmed only upon Flanker’s written or electronic confirmation.

B. Tender and cutoffs. Customer shall tender cargo ready for carriage — packed, labeled, documented, and screen-able — by the cutoff stated in the booking confirmation. Cargo not ready, not tendered, or refused at screening after booking may incur cancellation, rebooking, and dead-space fees, plus all carrier and handling charges incurred.

C. Schedules. Flight schedules, departure dates, and transit times are estimates only and are not guaranteed. Flanker does not guarantee space on any particular flight or carriage by any particular carrier, and may select routing, carriers, and consolidation in its reasonable discretion unless otherwise agreed in writing. Flanker is not liable for the consequences of delay, missed connections, offloads, or schedule changes except under a written guaranteed-service agreement signed by Flanker.

7. Liability, Insurance, and Claims

A. Limits. Liability for international carriage by air is governed by the Montreal Convention (or the Warsaw Convention system where applicable), which limits liability for loss, damage, or delay of cargo to 26.63 Special Drawing Rights per kilogram unless a higher value for carriage is declared in writing and the applicable valuation charge is paid before tender. For domestic carriage and services not governed by a convention, Flanker’s liability is limited to USD $0.50 per pound of cargo affected, with a maximum of USD $50.00 per shipment, unless a higher declared value is accepted by Flanker in writing. In no event is Flanker liable for special, incidental, or consequential damages, including loss of market, profit, or revenue.

B. Insurance. Flanker does not insure cargo unless Customer requests all-risk cargo insurance in writing, declares the insured value, and pays the premium before tender. Absent such a request, Customer is self-insured for all amounts above the limits in Section 7.A and waives subrogation against Flanker to that extent.

C. Claims. Written notice of visible damage must be noted at delivery and claimed within fourteen (14) days of delivery; delay within twenty-one (21) days of the date the cargo was placed at the consignee’s disposal; and non-delivery within one hundred twenty (120) days of the air waybill date. Suit must be commenced within two (2) years of the date of arrival or scheduled arrival. Filing a claim does not entitle Customer to withhold or offset freight charges.

D. Customer indemnity. Customer shall defend, indemnify, and hold Flanker harmless from and against all third-party claims, fines, penalties, and expenses, including reasonable attorneys’ fees, arising out of the cargo itself — including inherent vice, leakage, contamination, infestation, or damage caused by the cargo to aircraft, equipment, facilities, or other cargo — or out of Customer’s breach of these Terms, except to the extent caused by Flanker’s negligence.

8. Payment and General Provisions

A. Payment. Payment terms are established on a per-shipment basis and are as stated on Flanker’s quote, booking confirmation, or house air waybill for that shipment — prepaid, collect, net fifteen (15) days, net thirty (30) days, or as otherwise stated — and may differ from shipment to shipment. The payment terms of any other agreement between Customer and Flanker, including any Shipper–Broker Transportation Agreement or Customer Application, do not apply to air freight shipments and do not override the per-shipment terms established under these Terms. Absent a stated term, charges are due upon receipt of invoice. For collect shipments, if the consignee or other designated payer fails to pay within the stated term, the shipper and the booking party shall pay all charges on demand. Amounts not paid when due bear interest at one and one-half percent (1.5%) per month (eighteen percent (18%) per annum) or the maximum rate permitted by law, whichever is less, and Customer is liable for all costs of collection, including collection-agency fees and reasonable attorneys’ fees; Flanker may refer past-due balances to a collections agency or attorney at any time without prior notice or demand. The shipper, the booking party, and the consignee are jointly and severally liable for all charges. Flanker holds a general and continuing lien on all cargo and documents in its possession or control for all amounts owed by Customer, whether arising from this or any other shipment, and may enforce the lien by public or private sale after ten (10) days’ written notice.

B. Force majeure. Flanker is not liable for failure or delay in performance caused by events beyond its reasonable control, including weather, airline schedule changes or cancellations, airport or airspace closures, government or TSA action, strikes, and acts of war or terrorism.

C. Governing law. These Terms are governed by the laws of the State of Florida and applicable federal law and international conventions. Exclusive venue lies in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida or, subject to jurisdictional requirements, the United States District Court for the Southern District of Florida. The prevailing party is entitled to reasonable attorneys’ fees. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES TRIAL BY JURY. If any provision is held unenforceable, the remainder continues in full force.

D. Protections extend to personnel and subcontractors. Every defense, limitation, exclusion, and liberty available to Flanker under these Terms extends to Flanker’s officers, employees, and agents, and to every carrier, screening facility, ground handler, and other independent contractor engaged by Flanker in the performance of the services, as if expressly contracted for their benefit.

E. Amendments. Flanker may update these Terms by posting a revised version; the version in effect on the date of booking governs that shipment.