Terms of Service

1.Definitions & Scope

1.1 Nova OBC specializes exclusively in Onboard Courier (OBC) services, wherein shipments are personally transported by a courier via commercial passenger flights. Nova OBC does not engage in general airfreight, cargo handling, or freight forwarding services.

1.2 This Contract governs the transport of time-sensitive shipments using hand-carry methods, ensuring personal supervision of the goods from pickup to final delivery.

1.3 The Client acknowledges that Nova OBC is not a direct air carrier and does not operate its own flights. The transport is subject to airline rules, regulations, and applicable customs laws.

1.4 The Contractor's services are offered exclusively to businesses (B2B). By placing an order, the Client represents and warrants that it is acting for purposes related to its trade, business, or professional activity, and not as a consumer.

2.Order Placement & Execution

2.1 The Client shall submit an order request specifying shipment details, including weight, dimensions, content, and delivery deadlines.

2.2 Nova OBC reserves the right to accept or decline an order at its sole discretion. Acceptance is confirmed in writing via email, signed contract, or invoice issuance.

2.3 The Client shall ensure that all necessary documents (customs declarations, invoices, permits) are provided in compliance with international transport regulations.

2.4 The Client bears responsibility for any inaccuracies in shipment details, which may result in additional costs or rejection by airlines or customs authorities.

2.5 All import and export duties, taxes, customs clearance charges, brokerage fees, and any other governmental charges relating to the shipment shall be borne solely by the Client, unless expressly agreed otherwise in writing.

3.Goods Acceptance & Airline Restrictions

3.1 The final decision regarding the acceptance of goods for transport is at the sole discretion of the airline's authorized personnel. Nova OBC shall not be liable if an airline refuses to accept the shipment due to:

• Non-compliance with airline or aviation security regulations.
• Documentation discrepancies or missing permits.
• Packaging issues or hazardous material concerns.
• Any other reason determined by airline management.

3.2 The Client is responsible for verifying airline restrictions in advance and shall bear any costs resulting from non-acceptance, including rebooking fees, storage, or return transportation.

4.Prohibited Items & Client Warranties

4.1 The Client represents and warrants that each shipment:

• Is lawful to transport, export, and import in all countries of origin, transit, and destination.
• Is accurately and completely declared as to its contents, value, and nature.
• Is properly and safely packed for hand-carry transport.
• Does not contain dangerous goods, hazardous materials, or items restricted under IATA regulations, applicable aviation security rules, or airline policies.
• Does not contain cash, weapons, ammunition, narcotics, live animals, perishables requiring temperature control (unless expressly agreed in writing), counterfeit goods, or any items prohibited by applicable law.

4.2 The Client shall defend, indemnify, and hold harmless Nova OBC, its employees, and its couriers from and against any claims, fines, penalties, damages, costs, and expenses (including legal fees) arising out of any breach of the warranties in clause 4.1 or any inaccuracy in the shipment declaration.

4.3 Nova OBC reserves the right to refuse or discontinue the transport of any shipment that it reasonably believes breaches clause 4.1, without liability to the Client, in which case the cancellation terms in clause 6.3 shall apply.

5.Delivery Timelines & Liability Limitations

5.1 Estimated Delivery Times: Any delivery times offered by Nova OBC are estimates only and not guaranteed. Nova OBC shall not be responsible for any delays due to factors beyond its control, including but not limited to:

• Airline schedule changes, flight cancellations, or overbookings.
• Customs inspections, border control delays, or regulatory holds.
• Force majeure events, including extreme weather, strikes, or political unrest.

5.2 Limitation of Liability: Nova OBC shall not be liable for indirect, incidental, or consequential losses, including but not limited to:

• Lost business opportunities or revenue.
• Fines or penalties due to late deliveries.
• Detainment or confiscation by customs or authorities.

5.3 Nova OBC's liability is strictly limited to the declared value of the goods, subject to a maximum liability cap of EUR 1,000 per shipment, unless additional insurance coverage is arranged by the Client.

5.4 Airline Liability Disclaimer: Nova OBC shall not be responsible for loss or damage to the shipment caused by the airline, including but not limited to mishandling, misplaced baggage, or in-flight incidents. Any claims for loss or damage occurring under airline control must be filed directly with the airline in accordance with its policies.

5.5 Claims Deadline: Any claim against Nova OBC for loss of or damage to a shipment must be submitted to Nova OBC in writing within 7 (seven) calendar days of delivery or, in the case of loss, of the scheduled delivery date. Claims submitted after this deadline shall be deemed waived, and the shipment shall be deemed delivered in good condition and accepted by the Client.

6.Pricing & Payment Terms

6.1 The pricing structure is determined based on shipment urgency, distance, and additional handling requirements.

6.2 Payment must be made in accordance with the invoice terms. Late payments may result in service suspension and accrual of statutory interest for late payment in commercial transactions, at the rate applicable under Polish law.

6.3 Order Cancellation Policy:

• If the Client cancels the transport after confirmation, the cancellation cost shall be 100% of the total transport cost.

7.Force Majeure

7.1 Neither Party shall be liable for failure to fulfill obligations under this Contract if such failure results from force majeure events, including but not limited to:

• Acts of God (earthquakes, floods, severe weather).
• War, terrorism, or political instability.
• Airline strikes, government restrictions, or pandemic-related disruptions.

7.2 The affected Party must promptly notify the other Party of such events and take reasonable steps to mitigate their impact.

7.3 If a force majeure event continues for more than 7 days, either Party may terminate the Contract with written notice.

8.Dispute Resolution

8.1 Any disputes arising under this Contract shall first be resolved through negotiation between the Parties.

8.2 If no settlement is reached, disputes shall be resolved by the competent court having jurisdiction over the registered address (seat) of the defendant.

8.3 Before initiating litigation, the interested Party shall submit a written claim to the other Party.

9.Governing Law & Contract Modifications

9.1 This Contract shall be governed by and interpreted in accordance with the laws of the Republic of Poland.

9.2 Nova OBC reserves the right to modify this Contract. Any changes will be published on the official website. Orders confirmed prior to the publication of any modification shall remain governed by the version of this Contract in force at the time of the order confirmation.

9.3 All annexes to this Contract form an integral part of the agreement.

10.Contract Term & Termination

10.1 This Contract comes into force upon the Contractor's written confirmation of the Client's Order, which may be an email confirmation, a signed document, or an issued invoice.

10.2 This Contract remains valid indefinitely unless terminated by either Party. Termination requires written notice of at least 15 days.

10.3 In the event of contract termination, any outstanding payments or obligations must be settled before final closure.

11.Contractor Details