Terms & conditions

1.1 "Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means Air Senegal chooses, including air, road or any other carrier. A “waybill” shall include any label produced by Air Senegal automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions in full. Every Shipment is transported on a limited liability basis as provided herein.

1.2 "Airfreight Convention" means whichever may be applicable of the:

(a) Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999; or

(b) Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw on 12 October 1929; either unamended or amended by the Hague Protocol 1955; at Guatemala City 1971, by the additional Protocol No 3 of Montreal 1975 and/or by the additional Protocol No. 4 of Montreal 1975.

1.3 "Dangerous Goods or Prohibited Goods" means cargo which is noxious, hazardous, inflammable, explosive or offensive (including radioactive materials) or may become noxious, hazardous, inflammable, explosive or offensive or radioactive or may become liable to cause damage to any person or property whatsoever whether prescribed by laws or otherwise. For the avoidance of doubt, Dangerous Goods or Prohibited Goods shall include without limitation lithium ion batteries, currency, jewellery, bullion, cashier’s cheques, precious metals and stones, industrial carbons and diamonds, money orders, works of art, antiques, stamps, negotiable instruments in bearer form, pharmaceuticals, perishables, live animals, firearms, alcohol, tobacco, obscene material, dangerous goods (with exceptions granted for UN3481 Section II only, UN3091 Section II only and UN3373 with and without Dry Ice).

1.4 "Goods" are any goods or items which are the subject of the Service provided by Air Senegal to you under these Terms and Conditions.

1.5 "Government Authorities" means, without limitation, all government or semi-governmental departments and agencies with responsibility for the import and export of goods, the collection of revenue on the import and export of goods and the transport of those goods.

1.6 "Website" means the Air Senegal website (www.flyairsenegal.com/).

2.1 The Service enables you to make purchases internationally using a personalised physical address in the respective country ("Air Senegal Delivers Location").

2.2 Upon delivery of your Goods to the respective Air Senegal Location and your instructions and payment, Air Senegal will process your Shipment and arrange for delivery of the item to the address and country stated in the Application Form ("Delivery Address").

2.3 All Shipments require a full name, address, contact number and (if relevant) Post Office box address.

2.4 All Services are provided through the Website.

2.5 Any options selected and price stated at the checkout are final and may not be amended once your payments has been processed.

2.6 You can set your account to hold your Shipments, or automatically send them to your specified address at a pre-defined interval.

2.7 All prices quoted on the Website include all taxes and duties.

2.8 You will be responsible for checking/editing/inputting the values of your Goods and ensuring that these values match what you paid for such Goods.

2.9 Air Senegal will store your Goods for thirty (30) days free of charge after which time additional days will be charged in full at the rate defined on the Website.

2.10 After checkout Air Senegal will consolidate all items requested (provided there are no prohibited items) and package, label and prepare customs documentation to a sufficient standard for international shipment by air.

3.1 To register for the Service, you will need to complete the Air Senegal Application Form ("Application Form") and set up your Account on the Website.

3.2 Registration for access to the Service is open to individuals who are eighteen (18) years of age or older (or the legal age of majority in your country).

3.3 By registering for our Service you are appointing Air Senegal as your agent for the receipt of, and organisation of transportation for, your packages and you authorise Air Senegal to receive any and all packages addressed to you that are delivered to the respective Air Senegal Location.

4.1 The Service by Air Senegal includes the receipt of your packages at the Air Senegal Location and transporting such packages to your Delivery Address.

4.2 You are solely responsible for providing to and confirming with the sender the correct Air Senegal Location, including your personal account number, and you understand that any incorrect information may result in non-delivery or delayed delivery of items, or incurring additional fees under this Article 4 for which you will be held accountable.

4.3 Any Shipment that is unable to be delivered to you (for reasons including, without limitations, your failure to pay, take delivery, give proper instructions, including failure to clearly address the package, your failure to confirm your shipment is acceptable for entry into the destination country, failure to use correct Air Senegal Location, failure to update your Delivery Address, or you are unable to be contacted after reasonable attempts to do so) will be deemed an Uncollected Good or Unclaimed Good and Air Senegal reserves the right to deal with that Shipment in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, returned to sender, or auctioned.

4.4 To ensure delivery of your Shipment, you are responsible for confirming items purchased are shipped to the correct Air Senegal Location address.

4.5 All Goods received by Air Senegal should have clear labelling in English. Any Goods received without a clear label will be either: (i) delayed [until you provide sufficient descriptions of the Goods]; or (ii) returned to sender and charged accordingly.

4.6 Air Senegal reserves the right to amend your Air Senegal Location (and personal account number) at any time with at least thirty (30) days' notice to you. In the event that Air Senegal amends your Air Senegal Location, you shall be responsible for updating your Air Senegal Location will all your vendors.

5.1 Air Senegal will not accept, on your behalf, any items on which postage is outstanding and payable or Cash on Delivery items.

5.2 Any such agreement may give rise to liens or other interests at law and Air Senegal reserves the right, notwithstanding the foregoing, to lawfully enforce any such interests howsoever arising.

6.1 Air Senegal will not accept certified, registered, insured, or express mail ("Accountable Mail") on your behalf unless otherwise requested by you and agreed by Air Senegal and at all times subject to Article 6.2 below.

6.2 In the event that Air Senegal agrees to accept Accountable Mail on your behalf, then in consideration for Air Senegal doing so, you agree that Air Senegal liability for loss or damage is limited to the lesser of (i) the value of the Goods, or (ii) $100.

Air Senegal, without liability, reserves the right to open and inspect all Goods delivered to the Air Senegal Location (or at any other time whilst in the possession of Air Senegal) and to inspect, at any time, the nature or condition of the Goods or determine their ownership or destination.

Air Senegal reserves the right to abandon carriage of any Shipment or Goods at any time after acceptance when such Shipment or Goods could possibly cause damage or delay to other Shipments, Goods, equipment or personnel, or when any such carriage is prohibited by law or is in violation of any of these Terms and Conditions.

9.1 Air Senegal will provide registration for the Services free of charge, however, reserves the right to alter this at any time.

9.2 Shipping fees will be charged at the rate applicable to your Shipment set out on the Website, government taxes, and import VAT applicable on total invoice value of the Goods, including insurance, freight, incidental charges related to transportation, and on custom duties ("Import VAT"), and any other third party charges, including customs duty, that are payable on the shipment of your Goods, and you understand and agree that all such taxes, VAT, Import VAT and third party charges will be paid by you prior to or upon delivery of your Shipment.

9.3 You agree to pay all applicable Shipping Fees and other charges including custom duties and Import VAT for any Shipment that has been ordered on your Account when requested to do so by Air Senegal and regardless of the person who placed the order. The aforesaid shall apply to all Air Senegal accounts including individuals' and entities' accounts. Assuming you have provided accurate information for the customs declaration and Customs does not dispute the value, the amount of Import VAT and customs duty actually charged by your country’s Customs authority may differ from the amount you paid Air Senegal. In the event, the actual customs duty and Import VAT is more than the estimated amount charged by Air Senegal, Air Senegal shall have the right to charge you and you will pay the difference, along with any penalty, fine, expense incurred by Air Senegal due to inaccurate information provided.

10.1 You undertake not to use the Service and/or the Account for any illegal, immoral, obscene or fraudulent purposes or for any other purposes prohibited by Air Senegal, by the respective Air Senegal Location, or any other applicable regulations.

10.2 You further undertake that any use of the Service and/or Account shall be in compliance with all applicable federal, state, and/or local laws of the respective Air Senegal Location, as well as other applicable international law, including laws related to the transportation and export of commercial matter, which may include without limitation laws related to banking, money laundering, trade sanctions and terrorist activities.

10.3 Any Shipment received in violation of this clause may result in the forfeiture, return to sender, or destruction of shipment, along with notification to the police and/or appropriate government authority.

11.1 You understand and agree that we will not carry and you must not try to ship:

(a) Any items classified as hazardous material, Dangerous Goods or Prohibited Goods, articles that are prohibited or restricted by IATA (International Air Transport Associated), ICAO (International Civil Aviation Organisation), or any applicable government department or other relevant organisation; or

(b) firearms, bullion, works of art, negotiable instruments in bearer form, jewellery, precious metals, precious stones, lewd obscene or pornographic material, currency, stamps, deeds, hazardous or combustible material or other Dangerous Goods or Prohibited, cashier's cheques, money orders, travellers' cheques, industrial carbon and diamonds, antiques, plants or animals.

11.2 Prohibited or restricted shipments will be forfeited, destroyed, or submitted to government officials.

12.1 You accept and acknowledge that any shipments to be exported from the UK that contain animal skin, furs, mink, alligator skin, python skin, feathers (including hair accessories) or any other wildlife will be held at the UK Customs Department for inspection and may be seized or confiscated.

12.2 You acknowledge and agree that you alone are liable for any costs involved if you try to export such items and that Air Senegal will not compensate you for such seized or confiscated shipments.

13.1 You represent that your Shipments do not relate to any restricted business, including but not limited to pornography, armaments, or any other restricted activities.

13.2 You further represent that the Goods being shipped are not destined for any country with which Air Senegal is prohibited from dealing as the result of any international or respective Air Senegal Location law, legislation, regulation, directive, ordinance, treaty, etc.

14.1 You represent that your name is not included in any blacklist issued by any respective Air Senegal Location government or other worldwide regulatory body.

15.1 You must provide Air Senegal with an Export Declaration for all packages of value exceeding two thousand and five hundred United States Dollars (USD 2,500) or equivalent prior to shipment to your Delivery Address.

15.2 You must provide Air Senegal with invoices and/or other documentation related to the packages regardless of value at any time as requested by Air Senegal, or by Customs or any other Government Authority. You are solely responsible for the correctness and accuracy of all information you provide Air Senegal regarding the contents of your Shipment and the value.

15.3 You must provide Air Senegal with identification documentation and personal information upon request by Air Senegal or any official authority at its sole discretion.

16.1 You acknowledge and agree that your Account is provided by Air Senegal solely for the purposes of providing the Services as set out under these Terms and Conditions and that the Air Senegal Location provided for each Account is a delivery address only and cannot be used for any other purposes.

16.2 You will not represent that any Air Senegal Delivers Location address provided under your Account is your residence address or place of business for any purpose whatsoever.

16.3 You undertake not to use the Account and/or the details of the Account for any other purpose including, but without limitation, using the Air Senegal Location addresses and details of the Account as a billing address, personal mail delivery address, residential address, or as your personal contact details including without limitations on your website or business card.

16.4 Any breach of this clause may lead to automatic deactivation of your Account at Air Senegal sole discretion, along with notification to the police and/or appropriate government authority.

17.1 Air Senegal will only ship packages that have the same name and Delivery Address as the individual or entity stated on the Application Form.

17.2 If Air Senegal receives any package to an Account the labelling of which does not match the applicable name or Delivery Address on the Application Form, then the shipment will be deemed an Uncollected Good or Unclaimed Good and Air Senegal reserves the right to deal with that Shipment in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, returned to sender, donated, or auctioned.

17.3 You will be held accountable for any additional fees incurred on your account under this Article 17.

18.1 You must ensure that your password is kept secure and confidential and not revealed to any other person.

18.2 You acknowledge that you are entirely responsible for your password and must notify Air Senegal immediately of any unauthorised use of your Account and/or password or any other breach of security relating to your Account.

18.3 You acknowledge and agree that Air Senegal accepts no responsibility for any loss or damage occurring as a result of the fraudulent use of a password, and you release Air Senegal from all claims arising from the unauthorised use of your password.

19.1 You warrant that all information provided by you is complete and accurate.

19.2 You agree to protect, indemnify, release, safeguard, and hold harmless Air Senegal and its respective affiliates, subsidiaries, parent corporations, franchisees, officers, agents, and employees (“Air Senegal Indemnitees”) against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement accounts, penalties, fines or other costs, including reasonable attorney fees and causes of action of any type or nature arising out of or in conjunction with the use of the Account and/or the Service, including without limitation any demands, claims, and causes of action for personal injury or property damage arising from:

(a) failure of the respective Air Senegal Location postal services, other relevant postal authority, or any commercial courier service to deliver on time or otherwise fail to deliver any item and/or package;

(b) delay occasioned by treatment handling, examination or impounding of the Goods by any of the Government Authorities;

(c) any misdescription or undervaluation provided for Customs purposes, whether intentionally or unintentionally;

(d) breach by you of any applicable law or requirement of any Government Authorities; or

(e) damage to or loss of any package or Account contents by any cause whatsoever, and from any violation by you of applicable international, federal, state or local laws.

19.3 Without limiting any other provision of these Terms and Conditions, Air Senegal will not be liable for any costs, expenses, loss or penalties imposed or loss or damage incurred by any Air Senegal Indemnitee due to your Shipment or Goods being impounded by customs or other Government Authorities, and you hereby protect, indemnify, release, safeguard, and hold harmless each Emirates Indemnitee against any such cost, expense, fine, penalty or loss.

19.4 Without limiting any other provision of these Terms and Conditions, Air Senegal will not be liable for any costs, expenses, loss, fines, or penalties imposed or loss or damage incurred by any Air Senegal Indemnitee due to your breach or non-compliance of any of these Terms and Conditions and you hereby protect, indemnify, release, safeguard, and hold harmless each Air Senegal Indemnitee against any such cost, expense, fine, penalty or loss.

20.1 Air Senegal will be responsible for your Shipment only while it is within Air Senegal custody or control, subject to the limitations of liability set out herein.

20.2 If the Shipment is transported by air and involves a stop in a country other than the country of departure, you understand and acknowledge that an Airfreight Convention may apply and may limit liability for loss or damage.

20.3 Your claim for any loss or damage occurring during carriage by air, is against the airline carrier. In the event of any loss or damage suffered by you while the Goods are in the possession of the airline carrier, Air Senegal will seek to recover amounts payable under the applicable Airfreight Convention on your behalf, and you indemnify Air Senegal and hold it harmless against any claims for loss or damage to your Goods incurred while they were in the possession of the airline carrier. If the Shipment is carried by international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. This convention limits Air Senegal liability for loss or damage.

20.4 You acknowledge that Goods moved by airfreight may necessarily involve a part of transport undertaken by other means. Where this is so, and no international treaty is applicable which covers the additional transport, your recovery of loss or damage, if any, is against the carrier and may exclude or substantially limit liability. In the event of any loss or damage suffered by you while the Goods are in the possession of a third party carrier, Air Senegal will seek to recover from the carrier any amounts payable to you. You indemnify Air Senegal and hold it harmless against any claims for loss or damage to your Goods incurred while they are in the possession of the third party carrier, where such carriage was necessary in order to complete the delivery of your Shipment.

20.5 To the extent that the liability of Air Senegal is limited by any Airfreight Convention, law or contract, and that limitation exceeds the limitation of liability specified elsewhere in these Terms and Conditions, then the liability pursuant to that Airfreight Convention, law or contract shall apply.

20.6 Any claim for loss or damage must be notified in writing to Air Senegal within seven (7) days of delivery of the Goods or of the date upon which the Goods should have been delivered. In any event, Air Senegal shall be discharged from all liability whatsoever in connection with the Services and/or the Goods unless proceedings are served within thirty (30) days from delivery of the Goods (or from when they should have been delivered).

20.7 Without limiting the effect of this Article 20, and subject to the limitations of liability specified elsewhere in these Terms and Conditions, in all cases where Air Senegal liability is not otherwise limited or excluded, Air Senegal liability shall be limited to whichever is the lesser between (i) the value of the Goods the subject of the Shipment at the time the Goods were delivered to Air Senegal, or (ii) US $100 per shipment, or its equivalent per shipment.

20.8 In addition to Air Senegal standard liability above, Air Senegal offers an additional protection plan for Shipments against all risks of physical shipment loss or damage from any external cause. The charges for such additional protection plan are available on the Website and may vary from time to time."

21 Air Senegal will not be liable for any indirect, incidental, punitive or consequential loss or damage of any kind or any loss of profit, reputation, income, interest, opportunity, contract or bargain.

22.1 Air Senegal will not be liable to you for any delay, breach or failure to perform its obligations under these Terms and Conditions or any loss, costs or expenses you may incur which are caused or contributed to by an event beyond Air Senegal or its agents’ reasonable control, for example Acts of God, fire, flood, natural catastrophes, failure or delay of suppliers or contractors, inability to obtain goods or services necessary to perform the Services, civil disturbances, insurrections, riots, wars (declared or undeclared), act of terrorism, strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general.

23.1 Air Senegal may add to or change or update these Terms and Conditions from time to time entirely at its own discretion and without notice to you.

23.2 Any and all amendments to the Terms and Conditions shall be published on the Website and shall be effective on the date of publication thereof.

23.3 You are responsible for checking these Terms of Conditions periodically to remain in compliance with these terms. Your use of the Account or ordering of any Services after any amendment to the Terms and Conditions shall constitute your acceptance of these Terms and Conditions, and you also agree to be bound by any such changes/revisions

23.4 You are advised to regularly check for any amendments or updates to the Terms and Conditions from time to time, as Air Senegal shall not be liable to compensate you for your failure to do so.

23.5 All Shipping Fees, and any other related charges stated herein or incidental hereto, as well as the Terms and Conditions are subject to change upon the sole discretion of Air Senegal at any time whatsoever, and without prior notice to you. There will be no refunds for your cancellation of the Service. Air Senegal may also change the shipping frequency at any time without providing prior notice to you.

24.1 You agree that Air Senegal may terminate these Terms and Conditions for good cause at any time and without notice. Good cause shall include, but is not limited to:

(a) Your use of the Account for illegal, obscene, or fraudulent purposes or for any purpose prohibited by Air Senegal, the respective Air Senegal Location, or other regulations;

(b) Your failure to pay monies owed to Air Senegal when due; and

(c) Your violation of any provision of these Terms and Conditions or any provision of any related operating rules and policies that are published by Air Senegal on the Website.

24.2 You acknowledge that, for the purpose of determining good cause for termination of these Terms and Conditions as provided herein, the actions of any person authorised by you to use your Account or the Service will be attributed to you.

24.3 Air Senegal reserves the right to immediately terminate the Service upon suspicion of any of the activities stated through these Terms and Conditions and shall not be liable to compensate you for such termination.

24.4 You may terminate these Terms and Conditions and close the Account by providing Air Senegal with thirty (30) days prior written notice. Air Senegal reserves the right to refuse to accept any dispatch and/or package delivered to your Account after the termination date.

25.1 Air Senegal may discard, destroy, donate, or auction your Goods within forty-five (45) days after receipt of unknown shipments, or within thirty (30) days after receipt of prohibited or high-value shipments or shipments under an inactive account: (i) all applicable shipping charges have not been paid; (ii) the mail and/or packages were not clearly identified as belonging to you; (iii) you do not claim the mail or packages received to your Account, (iv) shipment was abandoned at customs, or (v) if Air Senegal has terminated the Terms and Conditions for good cause as set forth in Article 25 above. Notwithstanding the above, Air Senegal may destroy any pornographic materials or products and all other related content of whatever type immediately upon delivery to your Account.

25.2 In the event your Shipment is categorised as on overweight or oversized shipment, then you will have ten (10) days to elect whether to ship the overweight or oversized shipment through express or freight. At the end of the ten (10) day period, if you have not informed Air Senegal regarding your shipment method for the overweight or oversized shipment, then Air Senegal reserves the right to ship the overweight or oversized shipment through express mail. Air Senegal shall notify you in the event your Shipment is classified as overweight or oversized upon receipt of the Shipment at the respective facility.

25.3 In the event that you fail to pay the Shipping Fees, and other charges including custom duties and Import VAT, by the due date, Air Senegal reserves the right to deal with the package in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, donated, or auctioned.

25.4 Any notice, request and/or any other correspondence pursuant to or in connection with these Terms and Conditions shall be in English and shall be sent to you to the email address specified at the time of registration or to any other email address that Air Senegal is earlier notified of.

25.5 Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Air Senegal, to the non-exclusive jurisdiction of the courts of, and governed by the law of Dubai International Financial Centre (“DIFC”) and you irrevocably submit to such jurisdiction.

25.6 If any section or any portion of any section of these Terms and Conditions is construed to be illegal, invalid or unenforceable, such provision or portion shall be deemed obsolete and deleted from these Terms and Conditions, while all other sections of these Terms and Conditions and the remaining portion of any section which is construed to be illegal, invalid or unenforceable shall continue in full force and effect.

25.7 This Agreement constitutes the entire agreement between Air Senegal and you relating to your use of the Account and/or Service.

25.8 Failure by Air Senegal to enforce at any time any term, provision, or condition of these Terms and Conditions, or to exercise any right herein, shall in no way operate as a waiver thereof.