Terms and Conditions

Last updated: January 2, 2025

Flying Tigers Express (FTE)

Terms & Conditions of Carriage, Service & Digital Use

Effective Date: 2 January 2025
Supersedes all previous versions

1. General Provisions

1.1 These Terms & Conditions ("Terms") form a non‑negotiable contract between Flying Tigers Express Corporation ("FTE", "we", "us"), the person tendering the goods ("Sender"), and the person to whom the goods are consigned ("Consignee").
1.2 By handing over a shipment to FTE, the Sender represents that they own the goods or act with full authority of the owner and that they accept these Terms on behalf of all parties with an interest in the shipment.
1.3 No FTE employee, agent, or representative may alter, waive, or modify any provision of these Terms unless expressly authorised in writing by FTE’s Customer Service Department.
1.4 The English version prevails in the event of conflict with any translation.
1.5 Indemnity. The Sender shall indemnify, defend, and hold harmless FTE, its directors, employees, and agents from any claim, damage, penalty, cost, or liability arising out of: (a) the Sender’s breach of these Terms; (b) the nature, condition, or packaging of the goods; (c) inaccurate or incomplete declarations or documentation; or (d) violation of any applicable law or regulation.

2. Definitions

Shipment – any parcel, envelope, document, or freight item tendered to FTE for transport under one waybill.
Waybill – the physical or electronic document generated by FTE that evidences a Shipment.
First‑Mile – pickup of the Shipment from Sender.
Mid‑Mile – air, sea, or land line‑haul movement between origin and destination hubs.
Last‑Mile – delivery from the destination hub to the Consignee.
Cut‑Off Time – the published daily deadline by which a booking must be confirmed for same‑day pickup scheduling.

3. Use of Digital Services

3.1 These Terms also govern use of FTE’s website (flyingtigers.express) and mobile applications (Customer App and FTE Courier App) (collectively, the "Services"). By accessing the Services, you confirm that you are at least 18 years old, have read, understood, and agree to be bound by these Terms, our Privacy Policy, and Appendix A (incorporated herein by reference).
3.2 FTE may suspend, restrict, or terminate your access to the Services if it reasonably believes you have violated these Terms or applicable law, without prejudice to any other remedy.

4. Sender Responsibilities

4.1 Packaging. Sender shall pack goods in accordance with FTE’s Packaging Guidelines to withstand normal transport handling. FTE is not liable for loss or damage arising from inadequate packaging.
4.2 Labelling & Declarations. Sender must provide complete, accurate Sender and Consignee details and declare the true nature and value of the goods on the waybill. Re‑forwarding, return, or corrective‑address charges are for the Sender’s account.
4.3 Compliance. Sender warrants that the Shipment does not contain Prohibited or Restricted Items (Section 6) and that carriage is lawful under Philippine regulations.

5. FTE Rights of Inspection & Refusal

5.1 FTE reserves the right (but not the obligation) to open and inspect any Shipment in the presence of the Sender or authorised representative.
5.2 FTE may refuse, hold, or return any Shipment that, in its sole discretion, is improperly packaged, contains Prohibited Items, violates law or company policy, or may endanger equipment, personnel, or other cargo.

6. Prohibited, Restricted & Conditional Items

6.1 Prohibited Items – Not Accepted Under Any Circumstances
• Human or animal remains.
• Live animals or plants.
• Illegal drugs or controlled substances.
• Firearms, ammunition, explosives, or replica weapons.
• Radioactive, highly toxic, or infectious substances.
• Cash, bullion, precious metals, or loose gemstones.
• Items whose carriage is expressly prohibited by Philippine law or international sanctions.

6.2 Conditional Acceptance – Dangerous Goods & Regulated Materials
Items classified as Dangerous Goods under the IATA Dangerous Goods Regulations may be transported only when: (1) the Sender obtains FTE’s prior written approval; (2) the shipment complies with all packaging, marking, and labelling standards; (3) an MSDS/SDS and permits accompany the goods; and (4) all special‑handling charges are prepaid. FTE may refuse or return any improperly declared or packaged Dangerous Goods.

6.3 Passport Delivery Service (PDS)
PDS covers Philippine and foreign passports, visas, and related travel documents and must follow FTE’s chain‑of‑custody requirements. Passports shipped outside the PDS workflow are carried at Sender’s risk without liability for delay or loss.

6.4 Items Accepted at Sender’s Risk
Fragile, liquid, perishable, temperature‑sensitive, or high‑value consumer goods are accepted on the understanding that FTE’s liability is limited per Section 9—even when a Valuation Fee is paid.

7. Service Levels & Transit Stages (All times are target estimates and are non‑binding)

7.1 First‑Mile (Pickup)

• Confirmed bookings before Cut‑Off are estimated for same‑day collection. Pickup windows are not guaranteed.
• FTE may decline, outsource, or reschedule pickups in remote or constrained areas. Sender’s sole remedy for a missed pickup is cancellation and refund of unincurred freight charges.

7.2 Mid‑Mile (Line‑Haul)

Shipments move via independent third‑party carriers selected with ordinary diligence. Multiple security or customs inspections—including those ordered by government authorities—may require opening packages without notice. Flight cancellations, airline delays, aircraft off‑loads, weather, capacity constraints, or government inspections beyond FTE’s control may delay transit and are deemed force‑majeure under Section 10.

7.3 Last‑Mile (Delivery)

Deliveries are routed by hub‑arrival date:
Next‑Day Service: estimated delivery within 24–48 hours from pickup.
Same‑Day Service (select lanes): estimated delivery within 12–24 hours from pickup.
Service clocks exclude Sundays and Philippine holidays. Delays caused by incomplete address, Consignee unavailability, or force‑majeure are outside service estimates.

8. Payment & Fees

8.1 Shipping charges, valuation fees, surcharges, and taxes are per FTE tariff or the App at booking.
8.2 FTE may audit declared weight, dimensions, and commodity and adjust charges.
8.3 Couriers are compensated separately and are not authorised to amend these Terms.

9. Valuation & Limited Liability

9.1 Standard Liability. For loss, damage, or delay, FTE’s liability is limited to the lower of: (a) fifty pesos (PHP 50.00); or (b) 50 % of the freight actually paid, with a minimum of PHP 1.00unless the Sender pays a Valuation Fee and declares value.
9.2 Valuation Fee. PHP 10.00 for the first PHP 500.00 plus PHP 5.00 for each additional PHP 500.00 (or fraction) up to a declared maximum of PHP 30,000.00.
9.3 Maximum Compensation. In all circumstances, FTE’s aggregate liability per Shipment—including claims for loss, damage, or delay—shall not exceed PHP 30,000.00.
9.4 Exclusive Remedy for Delay. Where delay is solely and directly attributable to FTE’s negligence (not force‑majeure or Sender fault), Sender’s exclusive remedy is a refund of the freight attributable to the delayed Shipment or leg thereof, subject to the cap above.

10. Exclusions & Limitation of Liability

10.1 FTE is not liable for loss, damage, or delay caused by:
• Acts of God (e.g., flood, typhoon, earthquake);
• War, terrorism, civil commotion;
• Acts of government or regulatory authorities—including customs inspections—beyond FTE’s control;
• Sender’s or Consignee’s acts, omissions, or incorrect information;
• Inherent defect or character of the goods, inadequate packaging, or improper labelling;
• Acts or omissions of third‑party carriers or subcontractors (including airline flight delays or aircraft off‑loading) occurring despite FTE’s exercise of ordinary diligence in their selection;
• Consequential, indirect, or special losses (e.g., lost profits, income, data, business opportunity, or goodwill).
10.2 Nothing in these Terms excludes liability for wilful misconduct or gross negligence to the extent such exclusion is prohibited by law.

11. Claims

11.1 Only the Sender may file a claim.
11.2 Deadlines.
• Loss claims: within 30 days of shipment date.
• Damage claims: within 7 days of delivery (POD).
• Delay claims: within 15 days of the earlier of (i) the actual delivery date or (ii) seven days after the latest estimated delivery date provided by FTE.
Late or incomplete claims are barred.
11.3 Documentation. Claims must include the waybill, proof of value, photos (for damage), timeline of events (for delay), and any other evidence reasonably requested by FTE.
11.4 Compensation Calculation:
Total loss – declared value + paid freight (subject to Section 9 caps).
Partial loss/damage – (declared value ÷ quantity) per affected item + proportionate freight.
Delay – freight refund only (per Section 9.4).
Valuation Fee must have been paid at booking for any claim above PHP 50.00.

12. Data Privacy & Confidentiality

12.1 FTE is a Personal Information Controller under Republic Act 10173 (Data Privacy Act of 2012) and processes personal data in accordance with this law.
12.2 Personal data collected include names, addresses, contact details, shipment descriptions, and account credentials, processed for contract fulfilment, compliance, legitimate business interests, and—with consent—marketing.
12.3 Data may be shared with carriers, couriers, customs or other authorities, payment processors, IT providers, and professional advisers strictly for these purposes.
12.4 FTE implements organisational, physical, and technical safeguards to protect personal data.
12.5 Data are retained only as long as necessary to satisfy contractual and legal obligations, after which they are securely disposed of.
12.6 Data subjects may exercise their rights (access, correction, erasure, portability, objection) by emailing dpo@flyingtigers.express.
12.7 In the event of a personal‑data breach likely to result in risk to data subjects, FTE will notify the National Privacy Commission and affected individuals in accordance with law.

13. Intellectual Property

13.1 All FTE trademarks, service marks, trade names, logos, software, databases, and other content are the exclusive property of FTE or its licensors. No licence is granted to use, copy, reproduce, modify, or distribute any FTE intellectual property without prior written consent.
13.2 The Sender grants FTE a limited, royalty‑free licence to use shipment data and related content solely for performing the Services and for internal analytics.

14. Right of Lien & Disposal of Unclaimed Goods

14.1 FTE has a general lien on all goods in its possession for any unpaid shipping charges, duties, taxes, storage fees, or other amounts due.
14.2 If charges remain unpaid for 30 days after email notice to the Sender, FTE may sell or otherwise dispose of the goods to recover outstanding amounts, plus reasonable costs of sale, storage, and administration. Notice of such sale will also be posted on FTE’s website not less than 10 days before disposal. Any surplus, if any, shall be remitted to the Sender upon written request.

15. Governing Law & Venue

These Terms are governed by the laws of the Republic of the Philippines. Any dispute shall be submitted to the exclusive jurisdiction of the competent courts of Cebu City, Philippines.

16. Time‑Sensitive Shipments

16.1 If a Shipment is time‑critical (e.g., event materials, legal filings), the Sender must notify FTE in writing and build contingency time into the schedule.
16.2 FTE does not guarantee delivery by a specific appointment, court, or flight‑check‑in time. The Sender assumes all risk of consequential loss arising from late delivery of time‑sensitive goods.
16.3 FTE may offer premium‑guaranteed services under a separate written agreement; standard services are expressly non‑guaranteed.

17. Miscellaneous

17.1 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.
17.2 No Waiver. FTE’s failure to enforce any right or provision shall not constitute a waiver of such right or provision.
17.3 Assignment. The Sender may not assign or transfer any rights or obligations under these Terms without FTE’s prior written consent. FTE may assign its rights or obligations to any affiliate or successor.
17.4 Entire Agreement. These Terms, the waybill, Appendix A, and any express written agreement referencing them constitute the entire agreement and supersede all prior understandings.

Appendix A – Digital Service Rules (Incorporated by Reference)

1. Account Registration. Users must provide accurate information and keep credentials confidential.
2. Prohibited Conduct. Users may not: (a) use the Services for illegal purposes; (b) attempt unauthorised access; (c) interfere with Service performance; (d) transmit malware or harmful code.
3. Suspension. FTE may suspend or terminate accounts for violations without notice.
4. Data Security. Users must implement reasonable security on their own devices and networks when accessing the Services.

Prepared by Flying Tigers Express Legal & Compliance Team – April 2025