1.1. This performance guarantee ("PG") only applies to delays to shipments which are the subject of confirmed bookings and which are expressly stated to be 'Critical' bookings.
1.2 For the purposes of these PG Terms and Conditions, the Carrier is the carrier issuing the relevant AWB or e-AWB.
1.3 The PG applies only to shipments based on a British Airways AWB prefixed with 125, Iberia Airlines AWB prefixed with 075 and Aer Lingus AWB prefixed with 053.
1.4 Any deviation from the information provided by the customer when booking, as confirmed by the Carrier and/or cancellation of the booking will invalidate the PG.
1.5 For the avoidance of doubt, this PG does not apply in case of claims due to loss of or damage to cargo. The customer should make any claims for loss or damage to cargo in the usual way under the applicable law or applicable convention.
2.1 In the event that a Critical shipment fails to arrive at the destination airport on the booked flight (or on an earlier flight) due to a proven British Airways or Iberia Airlines or Aer Lingus error or fault, the customer may request a discretionary refund from the Carrier equal to 50% of the amount of the actually paid weight charges shown on the Carrier's AWB up to a maximum of USD 50,000.00 or the equivalent amount in local currency (the "Refund").
2.2 For the avoidance of doubt, arrival of the cargo on the booked flight is not a condition of the customer's contract with the Carrier. Times shown on the AWB or elsewhere are not contractually guaranteed and the Carrier assumes no further responsibility than is imposed by applicable law or conventions, other than the Refund, which is a gesture of goodwill on the part of the Carrier, in the event that the cargo does not arrive on the scheduled flight.
2.3 For the purposes of this PG any failure by an Interline carrier or agent other than British Airways or Iberia Airlines or Aer Lingus shall not be deemed to be a failure of British Airways or Iberia Airlines or Aer Lingus.
2.4 The Carrier will not pay the Refund under this PG if the failure to perform as described above is caused by reasons that are beyond the control of British Airways or Iberia Airlines or Aer Lingus including but not limited to Act of God, fire, flood, lightning or other weather or climatic conditions, war, revolution, strikes, lock-outs or other industrial action, riots, civil commotions (including acts of terrorism), public authorities acting with actual or apparent authority, third party delays, actions, defaults or omissions of the shipper/consignee or their agent.
3. Refund Request Process
3.1 A refund request must be submitted to the Carrier.
3.2 A refund request will only be considered if a written request from the customer is submitted using the online refund request form on www.iagcargo.com/en/page/critical-performance-guarantee-refund-request (In the event that the customer cannot access the relevant website above, the customer must contact the relevant Carrier's local representative with details of the refund request).
3.3 Refund requests must contain the following mandatory information: full air waybill (AWB) number; return email address (applicable only if request made using online Critical refund request form); full international contact phone number; contact name; full company title/name. Failure to provide all mandatory details could invalidate the request.
3.4 A request will only be considered if made within 21days (including weekends and/or holidays) of the scheduled time of arrival of the confirmed flight. After the elapse of this period any right to request a Refund will be forfeited.
3.5 Once a refund request has been received from the customer the Carrier shall investigate the cause for the delay. If the Carrier in its sole discretion determines that the cause of the delay was due to a British Airways or Iberia Airlines error or fault, the Carrier will inform the customer of such and will provide the customer with the Refund.
3.6 If the Carrier determines in its sole discretion that the cause of the delay was not due to British Airways or Iberia Airlines or Aer Lingus error or fault, the Carrier shall inform the customer of such.
3.7 Any decision given by the Carrier shall be final.
4. Refund Process
4.1 Where a request is substantiated, the Refund will be made as per the existing Carrier's pre set payment adjustment process only.
5.1 Any Refund given under this PG shall not prejudice the customer's rights under the applicable law or convention and nothing in this PG shall exclude or limit British Airways' or Iberia Airlines' or Aer Lingus' liability under the applicable law or convention or for any liability that cannot legally be limited.
5.2 Insofar as any provision contained or referred to in this PG may be contrary to mandatory law, government regulations, order or requirements, such provision shall remain applicable to the extent that it is not overridden thereby.
5.3 The Customer shall not be entitled to assign, or transfer the benefit of this PG.
5.4 No person who is not a party to the contract (including any employee, officer, agent, representative or sub contractor of the customer) shall have the right (whether under the Contract (Rights of Third Parties) Act 1999 or otherwise) to enforce any provisions of the PG which expressly or by implication confers a benefit on that person.
5.5 This PG and any dispute or claim arising out of or in connection with it shall be governed by and be construed in all respects in accordance with English law and is subject to the exclusive jurisdiction of the English Courts.