Protection Plan Terms

1. Definitions

• "Plan" means the Protection tier selected for a Job when it is posted.
• "Declared Value" means the value of the goods stated by the Customer in the Job, or, if none is stated, the Job's budget. A Job with the Elite Plan must state a Declared Value.
• "Covered Loss" means a loss described in Section 4 that is not excluded by Section 5.
• "Plan Limit" means the maximum amount payable for a Booking under its Plan, as shown in Section 2.
• "Custody Period" means the period from the time the Provider takes possession of the goods (or, for passenger Bookings, the passenger's baggage) until the earlier of handover to the Customer or consignee, entry of the delivery PIN, and completion of the Booking.

2. Plans

2.1 Mandatory Elite. The Elite Plan is required for Jobs in the Hazmat, Oversized Cargo, Heavy Haul, Armored Transport, Medical Transport, Private Jet and Yacht Charter modes.

2.2 Choosing a Plan. For other modes, No Coverage is the default and the Customer may choose a Plan when posting. The Plan applies to the Booking formed from that Job and cannot be changed after posting.

2.3 Fee. The Plan fee is charged from the Customer's Wallet when the Job is posted and is refundable only as set out in Section 3.7 of the Escrow and Payments Terms.

2.4 Goods worth more than US$50,000. The Elite Plan Limit is US$50,000 per Booking, whatever the Declared Value. For goods worth more, the Provider's cargo insurance, where the Provider has it, applies first, and the Customer may buy dedicated cargo insurance for the goods. CouthActs does not provide or arrange that insurance.

3. Nature of the Programme

3.1 Not insurance. CouthActs is not an insurer, and no insurance policy is issued under a Plan. CouthActs is not acting as an insurance company, producer, agent, broker or adjuster. A Plan is a contractual promise by CouthActs to reimburse Covered Losses up to the Plan Limit on the conditions in these terms. If a court or regulator decides that a Plan is insurance in any jurisdiction, CouthActs may stop offering Plans there and refund the fee for any Plan that has not been used.

3.2 Who it protects. Only the Customer who bought the Plan may claim. Providers, consignees, passengers and other third parties have no rights under a Plan.

3.3 Secondary to other recovery. A Plan pays only after, and to the extent not recovered from, the Provider, the Provider's insurer, the Customer's own insurance, a refund of held funds or any other source. The Customer must pursue those sources in good faith as reasonably required by CouthActs, and any later recovery for the same loss must be repaid to CouthActs up to the amount it paid.

3.4 Provider liability not affected. A Plan does not limit, release or replace the Provider's liability to the Customer, including liability under the Carmack Amendment or other carrier liability laws described in Section 6.3 of the Terms, and does not affect the claim periods those laws guarantee.

4. What a Plan Reimburses

Subject to the Plan Limit, the conditions in Section 6 and the exclusions in Section 5, a Plan reimburses:

1. Loss or damage. Physical loss of, or physical damage to, the goods described in the Job, occurring during the Custody Period, measured as the lesser of (a) the reasonable cost of repair and (b) the actual cash value of the goods (replacement cost less depreciation) at the time of loss, and never more than their Declared Value.
2. Passenger baggage. For passenger Bookings, physical loss of or damage to checked baggage while in the Provider's sole custody during the Custody Period, measured as in item 1.
3. Delay (Premium and Elite only). Where the Booking had an agreed delivery date and time recorded in the Services, and delivery is more than twenty-four (24) hours late for a reason within the Provider's control, reimbursement of documented out-of-pocket costs that the Customer reasonably incurred because of the delay, up to the delay reimbursement amount for the Plan. Delay reimbursement counts toward the Plan Limit.

5. Exclusions

A Plan does not reimburse any loss, damage, cost or delay arising from or consisting of:

1. bodily injury, illness or death of any person;
2. goods that are prohibited by the Acceptable Use and Prohibited Items Policy or by law, or that were not described accurately (including as to nature, quantity, weight, value or hazardous character);
3. cash, currency, cryptocurrency hardware wallets, negotiable instruments, securities, gift cards, lottery tickets, precious metals, loose gemstones and jewelry, unless the Job was in the Armored Transport mode and the items were declared;
4. fine art, antiques, collectibles and one-of-a-kind items, to the extent their Declared Value exceeds US$2,500, unless the Elite Plan applies;
5. live animals, except for death or injury caused by an accident to the vehicle, vessel or aircraft during the Custody Period;
6. data, software, documents or the information on any device;
7. inadequate or improper packing, packaging, crating, marking or labeling by the Customer or its shipper;
8. inherent vice, natural deterioration, spoilage, mold, vermin, ordinary wear and tear, mechanical or electrical failure not caused by external damage, and temperature change, unless temperature-controlled transport was booked and the Provider failed to maintain it;
9. loss or damage that occurs before the Custody Period begins or after it ends, or that was not reported as required by Section 6;
10. concealed damage that cannot be shown to have occurred during the Custody Period;
11. unexplained shortage or mysterious disappearance without evidence of the goods having been tendered to the Provider;
12. delay caused by weather, traffic, customs, port, airport or border authorities, government action, strikes, or other events outside the Provider's reasonable control, or by the Customer;
13. confiscation, seizure, detention, quarantine or destruction by any government authority;
14. war, invasion, terrorism, civil unrest, nuclear reaction, radiation or radioactive contamination;
15. fraud, dishonesty or willful misconduct of the Customer or anyone acting for the Customer, or collusion with the Provider;
16. indirect or consequential loss, including loss of profit, revenue, market, use or contract, liquidated damages, penalties and fines;
17. any loss already reimbursed by a refund of held funds for the same Booking.

6. Claims

6.1 Notice. The Customer must notify CouthActs of a claim (a) for visible loss or damage, before or at handover, by noting it to the Provider and not entering or sharing the delivery PIN until it is recorded, and opening a dispute on the Booking in the Services; (b) for concealed damage or loss discovered later, within seven (7) days after the end of the Custody Period, by emailing support@couthacts.com with the Booking's tracking code; and (c) for delay, within seven (7) days after delivery.

6.2 Proof. Within thirty (30) days after notice, the Customer must provide the information CouthActs reasonably requests, which may include photographs, the delivery receipt or bill of lading, proof of value (such as invoices or appraisals), repair estimates, proof of the claim made to the Provider and any insurer, and receipts for delay costs. The Customer must keep damaged goods available for inspection for at least thirty (30) days after notice.

6.3 Cooperation and mitigation. The Customer must take reasonable steps to limit the loss and must cooperate with CouthActs' review.

6.4 Decision and payment. CouthActs will review each claim in good faith and decide it within thirty (30) days after receiving the information in Section 6.2. An approved claim is paid as a credit to the Customer's Wallet. One payment is made per Booking, up to the Plan Limit, less any amounts recovered under Section 3.3.

6.5 Subrogation. On payment, CouthActs is subrogated to the Customer's rights against the Provider and any other responsible party, up to the amount paid, and the Customer will sign any document reasonably needed to give effect to this.

6.6 Review. A Customer who disagrees with a decision may ask for a second review by emailing legal@couthacts.com within thirty (30) days. Any remaining disagreement with CouthActs is resolved under Section 21 of the Terms.

7. Limits

CouthActs' total liability under a Plan is limited to the Plan Limit for the Booking. A Plan is not a guarantee of the Provider's performance, and CouthActs' general limitation of liability in Section 20 of the Terms applies to everything outside the Plan itself.

8. Changes and Contact

CouthActs may change Plans and these terms for future Jobs under Section 25 of the Terms. A change never reduces the Plan already bought for an existing Job. Questions: support@couthacts.com.

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