An entrepreneur providing road transport services based on these general conditions for the provision of Transport Services (hereinafter referred to as the “general conditions”) is Translog Polska Company SP. z O. O.with its Registered office in Częstochowa, having the address ul. Dojazdowa 1/17, 42-200 Częstochowa, Poland, entered in the Register of entrepreneurs by the District Court for Wrocław-Fabryczna in Wrocław, VI KRS number: 000692921, nip: PL 5732887471, Regon: 368136616 (hereinafter referred to as the ‘carrier’).
I. Conclusion of the agreement
- The performance of transport services by the carrier takes place after the acceptance of the order for the carriage of goods by road. The carrier confirms the acceptance of the order by sending the client’s consent to the conclusion of the order by electronic means: e-mail, fax, sms or by leaving a message on the communicator of the transport exchange. Transport services are carried out on the basis of the transport contract, these general terms and conditions and generally applicable legal provisions.
- Any conditions for the performance of a transport order sent to the carrier within one hour of receipt of the order in accordance with point 1 shall be deemed not to be binding, unless the carrier has given its consent by electronic means.
- By entering into an order or ordering additional services, the principal agrees to the application of these general terms and conditions to the extent not regulated by other mutual arrangements.
II. Method of execution of the contract
- The performance of the loading and unloading of the goods shall be the responsibility of the principal or of the loader or consignee acting on his behalf, respectively. The carrier may accept the obligation to carry out loading or unloading operations after having made the necessary arrangements in advance, in particular as to how the goods are to be loaded or unloaded. The carrier shall be entitled to an additional remuneration of EUR 50 net for each loading or unloading operation.
- The subcontractor or the driver who receives the cargo indicated in the transport order is not entitled to make or accept on behalf of the carrier statements of intent, as well as to make commitments to change, exclude or supplement the content of the transport order, the order for additional services provided by the carrier or the content of these general terms and conditions.
- The inclusion of a declaration of the value of the consignment or a declaration of a special interest in the delivery of the goods in the CMR consignment note or order is considered invalid if the carrier does not give express consent in a separate statement submitted during the negotiation of the terms of the contract of carriage, in the form of documents specified in the Polish civil code.
- In the event of a change in the terms of a transport order by the principal by changing the place of loading, the place of unloading or the size or weight of the goods, where the change results in:
- by increasing the number of kilometres that must be covered by the carrier in order to carry out the Transport order,
- by increasing the size or weight of the goods to be carried,
- The carrier is entitled to compensation (for the execution of additional instructions) in the amount of EUR 100 and the amount obtained from the calculation of the number of kilometers by which the route to be traveled, or the size or weight of the goods in relation to the data resulting from the transport order, multiplied by 1 EUR.
- The carrier reserves the right to use subcontractors in the performance of transport services, to whom it may entrust the performance of transport at any stage of its performance.
In connection with the conclusion of a transport order, the principal is obliged to perform or ensure the performance of all obligations that, in accordance with the provisions of the transport Order, general conditions and generally applicable legal provisions, rest on the sender of the goods.
- Unless otherwise agreed by the parties, the obligations of the principal referred to in point 6 above shall include in particular:
- preparation and packaging of the consignment in a manner suitable for transport by road and allowing delivery and delivery of the cargo subject to the Transport order without loss or damage,
- issue for the transport of the specified cargo of the consignment note and its complete and correct filling,
attachment to the consignment note of all documents necessary for the proper performance of the carriage and of all documents required by applicable law,
- providing the carrier with complete, accurate and factual information necessary to carry out the carriage,
notification of loading or unloading and communication to the carrier at least one hour before the intended loading or unloading,
- at the request of the carrier, assistance in contact with the loader or consignee of the cargo specified in the Transport order,
- reimbursement to the carrier of additional, documented costs incurred in order to carry out the Transport order or instructions issued by the principal,
- immediate transmission of objections or comments to the performed service, both their own and the recipient of the cargo,
- obligation of each of the loaders of the goods to be carried:
- checks before loading of the packaging of the goods to be transported and its weight,
- loading of the goods to be carried on the carrier’s vehicle,
- the location of the cargo in the carrier’s vehicle in such a way as to enable the safe transport of the goods, in particular to protect against its destruction or overloading of the axis of the carrier’s vehicle,
- obligation of each of the recipients of the goods ordered for carriage to:
- provide a convenient setting for the carrier’s vehicle at the place of unloading,
- provision of equipment necessary for unloading the goods,
- checks of the transported goods on unloading for quantity and visible damage.
- In the event that the contracting authority does not issue the documents necessary for the performance of the transport order, or issues invalid or incorrectly completed documents, the contracting authority shall be fully liable for any damage suffered by the carrier in this connection, as well as for any lost benefits.
- The principal undertakes not to submit transport offers to the driver to whom he has been contacted in the framework of the execution of the transport order and not to provide the driver with information regarding the remuneration and other conditions of cooperation between the principal and the carrier. This prohibition shall apply during the execution of the transport order and for 2 years from the date of its execution. In case of violation of the above prohibition, the principal will pay the carrier a contractual penalty in the amount of PLN 10,000.
III. Additional services
- The carrier, on the basis of a separate, paid order, may provide additional services ordered by the principal, and in particular:
- preparation of the consignment status report,
- other ancillary services on an individually agreed basis.
- The principal, as well as the consignee of the goods indicated in the consignment note, shall be entitled, at each stage of the contract of carriage, to order the establishment of the protocol status of the cargo transferred for carriage. The consignment status report shall be drawn up by the carrier or its subcontractor for an additional remuneration of EUR 50 (in words: fifty) net.
- If the transport contract concluded with the principal or the arrangements made between the parties does not specify that the carrier undertakes to provide a stopover service for a specified period free of charge or at a specified price, the principal shall be obliged to pay the carrier EUR 350 net for each stopover day started if the latter agrees to perform the Stopover service. The same price applies for the provision of a stopover service after the free stop time specified in the transport order (if such time is provided). The carrier may refuse to perform a stopover service if it would interfere with the timetable for the execution of other accepted orders by the carrier.
IV. Withdrawal from the agreement
- If the principal withdraws from the Transport order (contract of carriage) concluded with the carrier before the carrier starts its execution, i.e. before the carrier substitutes the vehicle for the place of loading, the principal is obliged to pay a contractual penalty in the amount of 30% of the remuneration established for the execution of the transport order (contract of carriage).
- If the principal withdraws from the transport order (contract of carriage) during its execution (after the vehicle is placed at the place of loading), the principal is obliged to pay a contractual penalty in the amount of 50 (in words: fifty) % of the remuneration established for the execution of the transport order (contract of carriage).
- The carrier may waive the Transport order if:
- after substituting the means of transport at the place of loading, the principal or the loader acting on his behalf shall refuse to deliver the goods which are the subject of the Transport order,
- the principal or the loader acting on his behalf has not prepared the cargo subject to the Transport order for delivery or has not loaded the cargo within the period (time interval) indicated in the Transport order and within one hour after the expiry of the prescribed loading time,
- the cargo prepared for delivery deviates significantly from the description contained in the Transport order or transport documents, in particular in terms of size, quantity, weight or packaging,
- the cargo does not have packaging when it is required, as well as when the packaging, in the opinion of the carrier, is insufficient in the case or defective,
- the data in the consignment note will differ in any part from the arrangements resulting from the transport order (agreements with the principal).
- If the carrier withdraws from the transport order, for reasons attributable to the principal and persons acting on his behalf, the principal is obliged to pay to the carrier a contractual penalty in the amount of 50% of the remuneration established for the performance of the transport order (contract of carriage).
- If the carrier withdraws from the transport order without the consent of the principal, for reasons on the part of the carrier, the carrier is obliged to pay to the principal a contractual penalty equivalent to 5% of the remuneration established for the performance of the transport order (contract of carriage).
Both the carrier, the principal, and other persons involved in the carriage of the goods shall be liable on the basis and to the extent specified by the provisions of these general terms and conditions and generally applicable laws.
- In case of any objections to the method and correctness of the carriage, the authorized person (the principal or the consignee) may send a written complaint to the address of the carrier. The complaint in terms of content and attachments must comply with the requirements set by the applicable laws.
- In particular, the following documents should be attached to the complaint:
- Transport order;
- consignment note,
- injury report-if drawn up,
- document indicating the value and weight of the goods covered by the transport Order (Contract of carriage),
- a written claim with an estimate of the damage suffered.
- The carrier is entitled to request the submission of additional documents if they are necessary for the examination of the complaint. Failure to complete the complaint within the specified period will result in the complaint being left unrecognized.
- The carrier will respond to the complaint within the time limits specified by the applicable law.
- The principal or the customer may not offset any claims they have against the carrier against any claims they have against the carrier in respect of remuneration for services rendered, unless the carrier gives its written consent, subject to nullity.
- The filing of a complaint does not delay the payment of remuneration for the services performed, including the service to which the complaint relates.
VII. Data protection
- The provisions set out in points 2 to 9 shall contain the information set out in articles 13 (1) to (2) and 14 (1) to (2) of regulation (EU) 2016/679 of the European Parliament and of the council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (‘GDPR’).
- The controller of the personal data of the principal and the personal data of the persons acting on behalf of the principal (contact persons) made available by the principal shall be the carrier. In matters related to the protection of personal data, correspondence should be sent to the e-mail address: email@example.com
- The personal data of the principal will be processed for the purpose of concluding and executing a transport order (contract of carriage), pursuant to Article 6 (1) lit. B) rodo.
- Personal data of persons acting on behalf of the customer will be processed for the purpose of execution of the contract (transport order) on the basis of Article 6 (1) lit. f) GDPR, i.e. the legitimate interest of the personal data controller.
- The personal data of the client and the persons acting on his behalf will also be processed in order to:
- to pursue claims or defend the rights of the principal in respect of his business activities and the marketing of his own products and services (pursuant to Article 6 (1) (a)). F) gender),
- the storage of documentation relating to the settlements made (pursuant to Article 6 (1) (A) of regulation (EU) no 1303/2013); c) birth in zw. Article 74 (2) of the accounting act of 29 September 1994).
- The principal and persons acting on his behalf have the right to access the content of their data and the right to correct them, request deletion, restrict processing, the right to transfer data and the right to object to the processing of personal data.
- If it is found that the processing of personal data violates the GDPR, the principal and persons acting on his behalf have the right to file a complaint with the supervisory authority (office for personal data protection).
- The personal data of the principal and persons acting on his behalf may be made available to the subcontractors of the carrier (entities cooperating under delegation agreements to the extent necessary to achieve the above objectives), its business partners (entities supporting the services of the carrier and its customers) and entities providing day-to-day advisory services.
- The personal data of the principal and the persons acting on his behalf will be processed by the carrier for the time necessary for the performance of the transport order (contract of carriage) and for the time during which it is possible to recover claims in connection with its conclusion. In addition, this data may be stored for archiving purposes for a period of 5 years from the date of the event that necessitates the termination of the processing.
- The provision of personal data by the principal and persons acting on his behalf is voluntary, but necessary for the conclusion and execution of the transport order (contract of carriage).
- The principal is obliged to make the contents of paragraphs 1 to 9 available to any person acting on his behalf whose data he has made available to the carrier for the purpose of concluding or executing a transport order (contract of carriage).
- The principal is obliged to make available the information referred to in point 10 immediately after making available to the carrier the personal data of the person acting on behalf of the principal, but not later than within 3 days from the date of their release.
- The principal is obliged to confirm the fulfillment of the obligation under paragraph 11.at the request of the carrier, the confirmation will be made available to the carrier in the form of a documentary statement confirming familiarization with the content specified in paragraph 10 by each of the persons acting on behalf of the principal, whose personal data the principal has made available to the carrier.
VIII. Prohibited articles
- The carrier shall not accept for carriage of goods prohibited by the regulations of the countries through which the transport of consignments takes place or which may violate the relevant export, import and other regulations or endanger the safety of workers and co-workers, or which soiled, stained or otherwise destroyed other consignments, or the transport of which is not economically justified. It is forbidden to broadcast the following subjects:
- organs and human, animal or corpse remains;
- goods of special value, e.g. works of art, antiques, objects of considerable scientific, cultural, artistic value and collections of philatelic, Numismatic, postage stamps of high value, objects of collector’s value;
- metals and precious stones;
- fur, ivory and products derived from Ivory,
- psychotropic drugs, drugs;
- body fluids;
- pornographic material;
- items or materials that stain, stain or otherwise damage other shipments.
- By submitting a transport order (contract of carriage), the principal declares that he has read these general terms and conditions and accepts them. By submitting a transport order (contract of carriage) to the carrier, the principal also declares that he does not order the carriage of cargo containing the items specified in paragraph 1.
- In the case of detection in the cargo carried on behalf of the principal of the items specified in paragraph 1 above, the principal shall be liable for any damage suffered by the carrier in connection with the carriage of cargo with prohibited goods. In such a case, the principal shall also be liable for the lost benefits of the carrier.
IX. Final provisions
- The carrier declares that it complies with the foreign regulations related to the performance of carriage on the territory of individual EU countries, including those related to the posting of drivers and the payment of remuneration for the performance of work in the country, which apply to the carrier. The carrier undertakes to fulfill all obligations imposed on it by foreign legislation, including the possession of appropriate documentation, settlement and payment of the driver’s remuneration.
- If the carrier incurs damages exceeding the amount of the contractual penalties stipulated in these general terms and conditions, the carrier has the right to demand from the principal compensation in excess of the amount of the contractual penalties under general terms and conditions.
- In the event of non-performance or improper performance of a transport order by the principal, in the manner for which no other contractual penalty has been provided for in the transport order or these general conditions, the principal shall be obliged to pay to the carrier a contractual penalty in the amount of 50% of the remuneration established for the performance of the transport order (contract of carriage).
- The principal has no right to transfer to third parties the claims arising from the transport order, which he has against the carrier, without the written consent of the carrier.
- In matters not regulated in these general conditions, generally applicable law, in the case of international carriage-the provisions of the CMR convention, and in matters not regulated in the CMR convention and in other cases-the provisions of generally applicable Polish law.
- The general terms and Conditions shall be publicly available at the Registered Office of the carrier and shall be published on the website at: www.translogcompany.com.
- Any disputes arising from these general terms and conditions of the parties submit to the Polish general court competent locally due to the seat (address) of the carrier.
General terms and conditions come into force from 01.11.2020.