General terms and conditions of cargo sales

Version 1.0
– Effective 01 September 2026 –

Unless agreed otherwise in writing, the following T&Cs shall apply to all quotations and/or provision of services by Luxcargo Handling S.A. (“LCH”) to any person, firm or company (the “Customer”) for the handling of goods to be supplied by LCH to Customer (the “Handling Services”). The general terms and conditions of Customer are excluded and shall not apply. LCH reserves the right to amend these T&Cs at any time by publishing an updated version on its website. The version in force on the date a quotation is issued or the Handling Services are provided shall apply to Customer.

Unless otherwise specifically agreed upon, Customer will be charged in accordance with applicable and valid tariffs of LCH on the terms and conditions hereof. LCH may make a reasonable additional charge at any time for unforeseen work, including special services and non-routine activities requiring exceptional time or effort or any work necessary for the execution and performance of the Handling Services. Value added tax as well as any other taxes, duties, fees levied by an airport, customs or other authorities in connection with the provision of the Handling Services are for payment and account of Customer.

LCH will invoice Customer at the latest at the end of the Handling Services. Unless expressly agreed otherwise in writing by both parties, Customer shall pay the handling charges and any disbursements (i.e. any cost or expenses incurred by LCH for the Handling Services) on or before the departure of the carrier (e.g. aircraft or truck). Without prejudice to any other right or remedy, if Customer fails to pay LCH within the timeframe, LCH (i) may charge Customer interest at 3% per year above the statutory rate on the amount due and payable until the date of payment and (ii) may suspend all its obligations hereunder until payment has been made in full. In the event of late payment Customer may also be liable to pay a lump sum for recovery costs of forty (40) euros.

LCH shall use its reasonable care and skill in the supply to the Customer of Handling Services. Except as expressly agreed in writing, the Handling Services are provided without any representation, warranty or guarantee as to service levels, handling times, transit times, availability or performance.

Customer (i) shall comply with all applicable laws and regulations governing its activities and especially, but not limited to, laws and regulations related to embargo, anti-bribery, anti-trust, anti-money laundering and labor relations (including but not limited to prohibition of child labor), (ii) shall provide LCH with all information, instructions and documents to enable LCH to perform the Handling Services properly and in compliance with any applicable laws and regulations, (iii) shall ensure that the goods are correctly packed, wrapped and/or marked or labelled, (iv) shall notify LCH in due time, and at the latest 24 (twenty-four) hours before delivery, any dangerous goods to be handed over to LCH, (v) shall notify LCH in due time, and at the latest 24 (twenty-four) hours before delivery, any special goods requiring temperature control, specific care (such as animals), safety or high value storage to be handed over to LCH and (vi) shall, unless otherwise agreed in writing by the parties, be responsible for the issuance and completion of any shipping documents. Where Customer fails to provide instructions, or where the instructions provided are incomplete, unclear, contradictory or incapable of execution, LCH may take such measures as it reasonably considers necessary or appropriate for the handling, storage, transportation, security, preservation or protection of the goods, including following its own standard practices and/or procedure. All costs and expenses incurred as a result shall be borne by Customer, and LCH shall have no liability for any consequences arising from acting in accordance with this clause.

For the purposes of this section (i), and without limiting the broader compliance obligations set out therein, Customer acknowledges that certain countries, territories, regions, entities and individuals may be subject to economic, trade or financial sanctions, embargoes or other restrictive measures imposed by applicable authorities. As of the Effective Date of these T&Cs, jurisdictions subject to comprehensive embargoes or broad sanctions under one or more applicable sanctions regimes include, without limitation, Cuba, Iran, North Korea, Syria, Russia, Belarus as well as certain sanctioned territories or regions, including Crimea, Donetsk and Luhansk. The foregoing list is not exhaustive, and may be amended, expanded, reduced or otherwise modified at any time by the relevant governmental or supranational authorities. Customer shall be responsible for continuously monitoring and complying with all applicable sanctions, export control and embargo laws and regulations in force from time to time and shall ensure that its activities, transactions and business relationships do not violate any such laws or regulations. Customer acknowledges that sanctions and embargo regimes evolve regularly and agrees to remain informed of any changes affecting its activities.

1. LCH's total liability to Customer in respect of any physical damage to the Customer's aircraft arising under contract law or in tort or otherwise howsoever arising in relation to these T&Cs is limited to USD 1,000,000 except that loss or damage in respect of any incident below USD 5,000 shall not be indemnified.
2. The liability of LCH for Handling Services of goods subject to an airway bill shall be limited as follows: LCH's total liability to Customer in respect of any claim arising under contract law or in tort or otherwise (including any claim related to customs duties or taxes) howsoever arising in relation to these T&Cs is limited to as set out in article 22.3 of the Montreal Convention 1999 or any amendment to that Convention in force at the time of the loss, damage or delay. In any event, the total amount of the claim shall not exceed USD 1,000,000, except that loss or damage in respect of any claim below USD 1,000 shall not be indemnified.
   
   
3. Notwithstanding item 2 above, the liability of LCH for Handling Services of goods shall also be subject to the CMR Convention for (i) goods arriving in Luxembourg by airline carrier with an airway bill having final destination Luxembourg but only for the period starting with the de-palletization of such goods by LCH to be transported by truck or (ii) goods arriving by truck in Luxembourg but only for the period until such goods have been palletized by LCH with an airway bill for such goods starting in Luxembourg. In such circumstances, LCH's total liability to Customer in respect of any claim arising under contract law or in tort or otherwise (including any claim related to customs duties or taxes) howsoever arising in relation to these T&Cs is limited to as set out in article 23 of the CMR Convention or any amendment to that Convention in force at the time of the loss, damage or delay.
   
   
4. For items 1, 2 and 3 above, LCH shall not be liable in any way in respect of any failure, delay or defect in the supply of the Handling Services caused by any act or omission of Customer or by any third party. LCH shall not be liable to the Customer for any indirect, consequential, punitive or exemplary damages, including without limitation damages for loss of revenue or lost profits, arising from any provision herein and Customer hereby release and waives any claims against LCH regarding such damages.
   
   
5. Customer shall indemnify LCH against any loss, claim, demand or damage (including legal and other costs) made by a third party in connection with the provision of Handling Services and arising from a third party or Customer's negligence or wilful misconduct or due to the inherent vice of the goods.

Customer warrants to LCH that it maintains an aircraft third party, passenger, baggage, cargo and general third-party legal liability insurance with a reputable insurer and an insurance certificate confirming coverage and payment of premiums will be provided to LCH upon first written request.

The content of any information exchanged for the Handling Services regarding the parties and their respective businesses is sensitive, confidential and will not be disclosed by either party to any third party without the express written consent of the non-disclosing party, unless the information is manifestly in the public domain at the time of disclosure or such disclosure is required by valid legal process or is otherwise required by law, in which event the Customer shall give LCH prompt written notification thereof. Both parties will ensure, and will be liable for ensuring, that its directors, employees, agents, advisers and subcontractors shall not disclose any confidential information.

Each party shall, when processing personal data in the context of the negotiation, execution and performance of the Handling Services, comply with the GDPR and all other applicable laws, regulations, regulatory guidance, approved transfer mechanisms and jurisprudence relating to the protection of personal data.
Where LCH processes Customer’s personal data in the context of the parties' business relationship, such processing shall be governed by LCH’s General Information Notice on the Protection of Personal Data in the Context of the Management of Commercial Relations, available at: Data Protection

A party shall not be held liable for any failure or delay in the performance of a party’s obligation under the Handling Services if such failure or delay is due to an event or circumstance beyond such party's control, such as, but not limited to, acts of God, riots, wars, strikes, unexpected weather conditions, flooding, fires, strokes of lighting, actions of any government, lack of or deficiencies in services from sub-contractors, general shortage of transport, goods or energy, hereinafter referred to as "Force Majeure". In case of Force Majeure, each Party shall notify and furnish the other Party in writing with all relevant information thereto.

LCH is authorized to subcontract its obligations without the prior consent of Customer. Customer shall not subcontract any of its obligations under these T&Cs and the Handling Services without LCH’s prior written consent, and shall remain fully liable for the acts and omissions of any approved subcontractor as if they were its own.

LCH may assign or transfer all its rights and obligations, in whole or in part, to any third-party, affiliates or successor, without the prior consent of Customer. Customer shall not assign any of its rights and obligations under these T&Cs and the Handling Services without LCH’s prior written consent.

These T&Cs are entered for the period of the Handling Services to be provided by LCH to Customer. Either party may terminate these T&Cs, without judicial intervention, at any time with immediate effect by notice in writing if:

1. the other Party ceases to function as a going concern, becomes insolvent or files a petition for bankruptcy, makes a general assignment for the benefit of creditors, or commits an act of bankruptcy or if a petition in bankruptcy or for its reorganisation or the readjustment of its indebtedness be filed by or against it, provided the petition is found justified by the appropriate authority, or if a receiver, trustee or liquidator of all or substantially all of its property be appointed or applied for; or
   
   
2. if the other party materially defaults in the performance of any obligation contained in these T&Cs and such material default is not cured within thirty (30) business days from the date written notice of default has been given.

LCH shall have a lien on goods handed over by Customer that it has under its control, custody or possession for claims that LCH may have toward Customer as a consequence of the Handling Services.

These T&Cs shall be governed by and construed in accordance with the laws of Luxembourg. The Parties shall make every effort to settle by amicable negotiations any difference which may occur between them in connection with any Handling Services. If the Parties fail to reach such an amicable settlement, either Party may refer such differences for resolution to the exclusive jurisdiction of the courts of Luxembourg-City. Only if the compulsory application of any international convention shall be considered by a competent court to be applicable to the Handling Services, then mandatory rules provided under such instrument shall then replace the relevant provisions of these T&Cs but only and limited to the contractual provisions of the T&Cs which deviate from such mandatory rules.

1. Where Customer has access to LCH’s IT systems, networks, applications, or LCH data (including via remote access, cloud services, connected devices, or on-site systems), Customer shall implement and maintain appropriate technical and organizational information security measures consistent with recognized industry standards (such as ISO/IEC 27001) and the requirements of Directive (EU) 2022/2555 (NIS2) and the requirements of EASA Part‑IS, including Commission Delegated Regulation (EU) 2022/1645 and Commission Implementing Regulation (EU) 2023/203, as amended from time to time.
   
   
2. Customer shall: (a) restrict access to LCH systems and data to personnel with a legitimate need; (b) maintain up-to-date malware protection, patching, and vulnerability management; (c) encrypt LCH data in transit and at rest where technically feasible; (d) maintain a documented incident response capability; and (e) not introduce any malicious code, backdoor, or unauthorized access mechanism into any deliverable.
   
   
3. Customer shall notify LCH without undue delay, and in any event within 24 (twenty-four) hours of becoming aware, of any cybersecurity incident, unauthorized access, or vulnerability that affects or may affect LCH’s systems, network, or data, and shall provide reasonable cooperation and information to support LCH’s containment, investigation, and any regulatory or customer notification obligations.
   
   
4. Before connecting any hardware, software, or system to LCH’s network or premises systems, Customer shall obtain LCH’s prior written approval and comply with LCH’s IT security policies as communicated from time to time.
   
   
5. Customer shall carry out, at LCH’s reasonable request and at Customer’s cost, periodic security assessments or penetration tests of any system or service provided to LCH, and remediate any critical or high-severity finding within a time frame agreed with LCH.

LCH may, on reasonable prior notice (or without notice in case of a suspected material breach, safety, or security issue), audit Customer’s premises, systems, and records relevant to the Handling Services, including but not limited, for quality, safety, sustainability, data protection, and cybersecurity compliance. Customer shall provide reasonable cooperation at no additional charge to LCH.

1. Customer shall conduct its business in accordance with applicable environmental, social and labor laws and shall, on LCH’s reasonable request, provide evidence of compliance with recognized sustainability standards (such as ISO 14001, ISO 45001, SA8000, EcoVadis rating, or equivalent).
   
   
2. Customer shall use reasonable efforts to minimize the environmental impact of the goods handled by LCH, including with respect to packaging (favoring recyclable/reusable materials and minimal packaging), energy efficiency, waste generation, and greenhouse gas emissions, and shall provide emissions or environmental data reasonably requested by LCH to support its own sustainability reporting (including under the EU Corporate Sustainability Reporting Directive (CSRD) and EU Taxonomy Regulation).
   
   
3. Customer shall promptly notify LCH of any material adverse environmental or social incident connected with the performance of the Handling Services and shall cooperate in good faith with any related LCH or regulatory inquiry.

If a court of competent jurisdiction holds any provision of these T&Cs invalid or unenforceable, the other provisions of these T&Cs will remain in full force and effect. Any invalid or unenforceable provision (or part of it) shall be replaced by a provision which reflects both parties’ original intention in good faith when these T&Cs were agreed upon.

No failure or delay in exercising any right or remedy under these T&Cs will operate as a waiver of it, nor will a single or partial exercise preclude any further exercise or the exercise of any other right or remedy under these T&Cs.

No amendment or change to the T&Cs shall be effective or binding on any of the parties unless set forth in writing by the parties.

All notices under these T&Cs and the Handling Services shall be in writing, made by registered mail, and sent to contact details specified in the quotation or any agreement related to the Handling Services, or otherwise specified by LCH or Customer.