- Introductory Provisions
- These General Terms and Conditions of Carriage (hereinafter referred to as GTCC) of the company amibo transport s.r.o. (hereinafter referred to as the client) form an integral part of the contract of carriage concluded on the basis of the respective order between Amibo transport s.r.o. and the carrier specified in the order (hereinafter referred to as the “contract of carriage”).
- Other rights and obligations of the parties not specified in these GTCC, the order, or the contract of carriage shall be governed by the relevant legal regulations of the Czech Republic.
- Transport Order and Conclusion of the Contract of Carriage
- The client’s transport order is considered an instruction to the carrier to take over the cargo at the time specified in the order and, at the same time, a proposal for a specific contract of carriage. The carrier is obliged to confirm the transport order received from the client in writing no later than 2 hours after the order is sent, whereby written confirmation of the order also means confirmation made via email or fax to the email address or fax number specified in the order.
- In the event that the carrier does not confirm the client’s order within the time limit specified in this article, it is considered that the carrier has duly assumed the contractual obligation to perform the ordered transport. In such a case, the client is also entitled to demand payment of a contractual penalty in the amount of CZK 1,000 from the transport price. The carrier’s obligation to pay the contractual penalty under this provision does not exclude the client’s right to compensation for damages.
- In the event that the carrier fails to appear for the cargo collection (hereinafter referred to as “shipment loading”) on the date specified in the contract of carriage or informs the client less than 24 hours before the shipment loading date specified in the contract of carriage that they will not appear for this shipment loading, a penalty of up to the amount of the transport price is agreed between both parties. In such a case, the carrier is also fully liable to the client for any damage incurred by the client as a result of the carrier’s failure to appear for the shipment loading or as a result of late notification of the failure to appear for the shipment loading, in particular, they are obliged to reimburse the client for the costs incurred in arranging for substitute transport of the shipment, any other costs incurred by the client to pay penalties for failure to meet the shipment loading deadline to a third party (customer) for whom the transport of the shipment is being arranged, arising from the legal relationship between the carrier and this third party in connection with the transport. 8. Other Rights and Obligations of the Contracting Parties (Procedure for Arranging Transport)
- When transporting the shipment, the carrier is obliged to follow the client’s instructions, to protect their interests and the interests of the owner of the transported shipment, and to perform the transport professionally, with professional care, and on time, i.e., within the deadline specified in the order.
- By concluding the contract of carriage, the carrier confirms that it meets all legal conditions necessary for the performance of the transport according to the order and undertakes to perform the activities arising from the contract of carriage in accordance with applicable international treaties, laws, decrees, standards, and provisions in their current valid wording, both in the Czech Republic and abroad, and is responsible for their observance by persons who perform any activities for them related to the transport under the contract of carriage, regardless of the legal basis. By concluding the contract of carriage, the carrier also confirms that it has arranged an insurance policy to an extent corresponding to the obligations arising from the contract of carriage (at least for CZK 6,000,000). In the case of cabotage transport in the territory of DE, it is necessary to have cabotage insurance.
- The carrier is obliged to carry out the transport with technically fully capable, i.e., fully compliant with the conditions and requirements of the contract of carriage and also with the conditions and requirements of applicable Czech and foreign legal regulations, motor vehicles, and to ensure that its employees (i.e., drivers and possibly other persons) carrying out the transport have the appropriate professional qualifications, comply with all applicable regulations relating to the transport being performed, and to ensure that they are instructed to the necessary extent about the content of the contract of carriage.
- For the purpose of loading the shipment, the carrier is obliged to provide an empty, clean, and dry motor vehicle in good technical condition, including an undamaged tarpaulin and customs cable, if the customs cable is a standard and common part of the provided type of vehicle. The carrier is also obliged to provide at its own expense all accessories and equipment of the motor vehicle necessary for the transport of the specific shipment specified in the contract of carriage.
- The carrier is obliged to participate in the loading of the shipment through its employee-driver, to supervise the loading of the shipment, in particular, whether it meets all the requirements stipulated in the relevant contract of carriage, whether the shipment has been loaded in a manner that ensures road traffic safety during the transport under the relevant contract, and whether the axle load limit of the vehicle transporting the shipment, as determined by the relevant legal regulations, has been observed in the given case. This does not affect the provisions of paragraph 3.6. of this article.
In the event that the driver is not allowed to participate in the loading/unloading, it is your duty to immediately inform the transport dispatcher and at the same time record this fact in the transport documents. - The carrier is obliged, through its employee-driver, upon taking over the shipment for transport, to properly secure/fix the shipment on/in the motor vehicle in a manner corresponding to the properties of the shipment so that no movement of the shipment on/in the motor vehicle occurs during transport. The carrier bears full responsibility for any damage caused by any movement of the transported shipment on/in the motor vehicle during the transport carried out on the basis of the relevant contract of carriage, in particular, but not exclusively, for damage to the transported shipment.
- When taking over the shipment for transport, the carrier is obliged, through its employee-driver, to check the correctness of the data in the consignment note or other official accompanying document, in particular the quantity and type of goods being transported, as well as the condition of the shipment and its packaging. In the event of any reservations regarding the shipment, the carrier is obliged, through the relevant employee, to notify the client of these facts and to state these reservations in the consignment note or other official accompanying document.
- Unless specifically stated in the contract of carriage or unless the client has given prior written consent, the carrier is not entitled to entrust the shipment for transport to any other carrier. In case of a breach of this point, the client may deduct up to 50% from the freight price.
- The carrier is entitled to handle the shipment during transport only with the prior written consent of the client. The carrier is not entitled to carry out additional loading of another shipment.
- The carrier is obliged to inform the client about the completion of the shipment loading and also about the completion of the shipment unloading no later than 1 hour after the completion of the loading or unloading of the shipment by a text message (sms) to the client’s telephone number specified in the contract of carriage. In the event of a breach of the obligation under the preceding sentence, the carrier is obliged to pay the client a contractual penalty of CZK 500 for each individual breach of this obligation.
- The carrier is not permitted to communicate with the customer beyond the obligations arising from this transport, and a breach will be penalized with a fine, the amount of which the parties have agreed to be CZK 700,000.
- Price of Carriage and its Payment
- The price of carriage is stated in the order or the contract of carriage. Unless stated otherwise, it is understood that the price of carriage stated herein does not include statutory VAT. The final price of carriage already includes all costs and expenses of the carrier associated with the transport, in particular tolls or other fees for vehicle entry or passage or other administrative fees, as well as payment for demurrage of 24 hours from the provision of the motor vehicle for shipment loading, costs incurred by the carrier in connection with a change of the place of loading/unloading of the shipment according to Art. 2, para. 2.4. of the GTCC, provided that the newly designated place of loading/unloading of the shipment is within a radius of no more than 50 km from the place of loading/unloading of the shipment originally specified in the contract of carriage.
- The carrier is entitled to compensation for demurrage longer than 24 hours occurring at any time during the transport carried out under the contract of carriage in the amount of CZK 2,500 per 1 day of demurrage, but not exceeding a total amount of CZK 5,000. In this context, the carrier is obliged to document the demurrage to the client with a written confirmation from the relevant person about the occurrence of the demurrage and its duration, and at the same time is obliged to inform the client about the occurrence of the demurrage no later than 24 hours after its occurrence. In the event that the carrier fails to meet the obligations under the preceding sentence, they are not entitled to compensation for demurrage under this provision.
- The final price of carriage is payable on the basis of an invoice (tax document) containing the particulars required by the relevant legal regulation, issued by the carrier and delivered in writing to the client. The carrier is obliged to attach to the invoice a duly completed vehicle operation record (if required), a CMR consignment note – in two copies, and delivery notes, whereby these documents must be duly confirmed by the recipient of the respective shipment.
- The carrier is obliged to deliver the invoice, including all particulars and attachments, to the client within 14 days after the completion of the transport. The completion of the transport is understood as the takeover of the shipment by the recipient. The due date of the invoice is set at 60 days from the date of delivery of the invoice to the client (unless otherwise specified in the order).
- If the invoice does not contain the particulars required by law or the contract of carriage or if the attachments stipulated by the contract of carriage, including the GTCC, are not attached to it, the client is entitled, at its discretion, to return the invoice for completion or correction or to notify the carrier of this fact and request them to complete or correct the invoice, without thereby being in default of payment.
- In the event that the carrier fails to provide the client with the relevant number of copies of the CMR consignment note confirmed by the sender and the recipient of the respective shipment within 14 days, the client is entitled to claim a contractual penalty of €50 and, under this provision, to unilaterally set it off against the carrier’s claim for payment of the freight according to the contract of carriage.
- Pallets and Other Returnable Packaging
- In the case of pallet exchange, a confirmation of packaging exchange from the loading is required; if no packaging exchange is agreed upon, a confirmation from the unloading is required stating that the driver did not take the pallets back.
- In the absence of a confirmation, the invoice for the packaging issued by the customer will be fully recharged to the carrier.
- In the case of transport of goods on Euro-pallets or other returnable packaging where a “DPL SCHEIN” document is required, this must be supplied in the original; otherwise, the pallets will also be recharged in full, as if no exchange had taken place.
- Final Provisions
- All disputes arising from and in connection with the contract of carriage shall be resolved, if possible, by agreement of the contracting parties. If these disputes cannot be resolved amicably, they shall be decided by the competent courts of the Czech Republic in terms of subject matter and location.
- The client is entitled to unilaterally set off any of its own claims, including those not yet due, against the carrier’s claims arising from the contract of carriage, including the GTCC. In relation to claims arising from the contract of carriage, including the GTCC, the application of the provision of § 1987 para. 2 of Act No. 89/2012 Coll., the Civil Code, is excluded, and both the client and the carrier agree that even an uncertain and/or indefinite claim is eligible for set-off.
- In the event that the carrier fails to deliver the shipment on the date specified in the contract of carriage, the carrier is obliged to pay the client a contractual penalty in the amount of 50% of the total transport price for each day of delay in fulfilling this obligation, but at least the amount of CZK 4,000. The carrier’s obligation to pay the contractual penalty under this provision does not exclude the client’s right to compensation for damages.
- Unless the contract of carriage or the GTCC provide otherwise, in the event that the carrier breaches any obligation arising from the contract of carriage, including the GTCC, a statutory obligation, or an obligation arising from related legal regulations, the carrier is obliged to pay the client a contractual penalty in the amount of 20% of the total transport price. The carrier’s obligation to pay the contractual penalty under this provision does not exclude the client’s right to compensation for damages.
- In the event that any contractual penalty under the contract of carriage or these GTCC is reduced by a court, the client’s right to compensation for damages in the amount by which the damage exceeds the amount determined as reasonable shall be preserved, without any further limitation.