1.1. Please read these Terms of Service carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service and the Philippine Airlines (PAL) Cargo Business Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and PAL (as defined below). The Agreement applies to your use of the Service provided by PAL and your consent to the use of the data provided. If you do not agree to the Terms of Service, please do not use or continue using the Platform (as defined) or the Port-to-Door Service.

1.2. PAL may amend the terms in the Agreement at any time without prior notice. Such amendments shall be effective once they are announced via Email/SMS/ Website or the Application. It is your responsibility to review the Terms of Service regularly. Your continued use of the Port-to-Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

DEFINITION OF TERMS

• "PAL” means Philippine Airlines
• “Platform” means the PAL Cargo System online website where Customers can book for the delivery of their Cargo to their own or to the Consignee’s address.
• “Cargo” means commodities or items owned by the shippers and/or consignees shipped to PAL’s warehouse that will be handed over by PAL to the Last Mile Partner for delivery to PAL’s Customers
• "Customer" means the person or company who contracts for the Port-to-Door Service of PAL under this Agreement.
• "Consignee" means the person, company, or representative of the company to whose address the Cargo is to be delivered to.
• “Last Mile Partner” generally means any of the available delivery service companies in the Platform; for specific transactions, it pertains to the particular delivery service company chosen by the Customer to deliver the Cargo to their or to the Consignee’s address.
• “Port-to-Door Service” means an online service for Cargo shipments where packages from PAL’s Customers are delivered from the airport to their respective addresses or desired destination and which may be availed by using the Port-to-Door Service Platform through the link sent to the Customer’s provided e-mail address.
• “Participating Driver” is the driver assigned by the Customer’s chosen Last Mile Partner to pick-up and deliver the Cargo to the specified destination of the Consignee.

• Customer’s personal information will be kept in internally and shall not be shared by PAL to any other entity other than the Last Mile Partner to the extent necessary for the performance of this Agreement.
• Restrictions: Use of the Port-to-Door Service is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services.
• Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including Personal Data) for the purposes of sending informational e-mails and any and all communications, notices, updates and other information to you. Your agreement shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Philippines or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
• Amendments: We may by notice through email or by such other method of notification as we may designate (which may include notification by way of SMS or through Mobile App), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Port-to-Door Service after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Port-to-Door Service and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
• Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
• Currency: Money references under these Terms of Use shall be in Philippine Peso depending on the city or country of which the booking has been transacted.
• Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version
• Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Port-to- Door Service contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control
• The prices and delivery time stated in any quotation are not binding on the Company. They are commercial estimates provided by our Last Mile Partners.

BOOKING AND CONFIRMATION

• You are responsible for the correctness of the particulars and information relating to the Cargo you provided to PAL including the address of its destination, name of recipient, among other details. PAL shall not be liable for any irregularity, incorrectness, or incompleteness of the particulars and/or information you provided and for loss or expenses incurred due to your failure to supply the correct and complete information and comply with applicable laws, regulations or ordinances.
• All Bookings shall be facilitated by PAL on behalf of the Customer and you shall be charged with a service fee corresponding to the distance covered by the delivery of the Cargo
• Only Bookings under PAL shall be available for pick-up by the Last Mile Partners’ Participating Drivers and shall be released upon presentation by the Participating Driver of his unique Personal Identification Number and their official government ID.

PAYMENT

• Customer will pay a Service fee through any of the payment options available on the Platform based on the price displayed on the Platform at the time of booking.
• Checks will not be an acceptable method of payment for Customers or Consignees.

CANCELLATION

• All confirmed bookings shall no longer be available for cancellation by PAL, and booked deliveries shall be considered final. Cancellation may only be carried out by the Last Mile Partner’s Participating Driver, which PAL shall not be liable for.

NON-PRIVITY WITH LAST MILE PARTNER’S TERMS

• Except as otherwise provided in this Terms of Service, you agree that PAL is not a party, is not privy to, and is not bound by any agreement or contract between you and the Last Mile Partner.

LIMITATION OF RESPONSIBILITY AND LIABILITY

• You agree that PAL’s participation in this Agreement is limited to providing the Platform to facilitate the booking of and tracking the delivery of the Cargo by the Last Mile Partner.
• All cargoes shall be checked for any external damage prior to release to Last Mile Partner. While the Cargo is in its custody, PAL shall not be held liable for any loss, or damage to the Cargo caused by any of the following:
  • Flood, storm, earthquake, lightning, or other natural disaster or calamity;
  • Act of the public enemy in war, whether international or civil;
  • Act or omission of the shipper or owner of the goods;
  • The character of the goods or defects in the packing or in the containers;
  • Order or act of competent public authority;
  • Any event which could not be foreseen by PAL, or which, though foreseen, is inevitable or cannot be avoided; or
  • Any other causes as may be stipulated by PAL in these Terms of Service from time to time.

• All Notice of Claims shall be made within seven (7) days from receipt of the Cargo.
• If there is any complaint regarding the delivery service of Last Mile Partner, Customer may reach us at the following:
  • Email: cargolastmile@pal.com.ph
• Damage or missing/incomplete shipments upon arrival in the destination will not be included for Last Mile Delivery unless with formal consent of client that Cargo is acceptable for booking and delivery.
• Damage to shipment during flight carriage shall be advised to the consignee prior to handover of shipment to the corresponding Last Mile Partner.
• PAL shall not entertain nor be liable for any claim pertaining to loss or damage to Cargo after it has been handed over to the Last Mile Partner’s Participating Driver.
• You agree and recognize that the Port-to-Door Service does not involve a contract of carriage between you and PAL. Further, you agree that the contract of carriage with PAL under the relevant Air Waybill ends once the Cargo has left the airport or PAL’s warehouse and handed over by PAL to the Last Mile Delivery Partner’s participating driver.
• You agree and acknowledge that PAL is not an insurer of the Cargo and that you must secure a separate insurance for the Cargo if you want to recover its value or loss of profit.
• PAL explicitly disclaims any liability for the actions, transactions, or engagements of any of its Last Mile Partners, including its Participating drivers. PAL shall not be held responsible for any damages, losses, or liabilities incurred by you in connection with your use of the Last Mile Partner’s services. You agree to release and indemnify PAL from any claims or liabilities arising from your availment and use of any the Last Mile Partner’s services.
• By agreeing to the Terms of Service and upon using the Port-to-Door Service or accessing the Port-to-Door online Platform, you agree that you shall indemnify and hold PAL, its officers, directors, members, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use, including misuse, of the Port-to-Door Service, and/or any part thereof; (b) your violation or breach of any of the provisions in this Terms of Service, the Terms of Service of the Last Mile Partner, or any applicable agreement, law or regulation, whether or not referenced herein; or (c) your violation of any rights of any third party.