1. GENERAL AND INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions (hereinafter: GTC) determine the rights and obligations of Intereuropa d.d. and its associated companies (companies in the Intereuropa Group and Pošta Slovenije Group) as client of transport (hereinafter: Intereuropa) and carrier related to the transport of goods in domestic or international road transport.
1.2. GTCs apply to all routes and modes of transport (domestic or international, full loading, partial loading or collection, etc.), where Intereuropa is the client and the carrier accepts the order. As a rule, the carrier accepts the order with a statement, but it is considered that it has accepted the order also in case of concludent actions of the carrier (for example, taking over the cargo…).
1.3. The provisions of the Convention on the Contract for the International Carriage of Goods by Road - CMR Convention (Official Gazette of the FPRY - MP, No. 11/58, 1/59 and 12/61) and the Act on Notification of Succession also apply to all transports of goods, except these GTCs (Official Gazette of RS - MP, No. 9/92), Law on Road Transport Contracts - ZPUCP-1 (Official Gazette of RS, No. 126/2003 as amended), unless otherwise provided in the CMR Convention.
1.4. The carrier is an independent contracting party in relation to Intereuropa. The carrier may not represent or act in traffic as Intereuropa, its subsidiary, branch or other component thereof, or as a representative, agent or employee of Intereuropa. The carrier may not use its service marks in any form without an express consent of Intereuropa.
1.5. In accordance with the Group's Strategy, Intereuropa shall order individual carriage of goods via the SME application (sending transport orders, sharing shipments / goods status, recording changes) and via e-mail or in another agreed form that enables order traceability. If the carrier does not reject the order within two hours of receiving it, the transport order shall be deemed to have been confirmed in full. The carrier can cancel an already received order only in case of force majeure - extraordinary events that make it impossible to perform a specific transport. Lack of vehicles, vehicle breakdowns or lack of staff by the carrier is not considered an extraordinary event.
1.6. The carrier shall ensure that the vehicles being used for transport are clean, registered and technically sound, equipped with the prescribed devices, equipment and the necessary documents to ensure the proper and timely performance of the transport. In these GTCs, the term “vehicle” means not only any freight motor road vehicle, but also any trailer or semi-trailer attached to such a vehicle.
1.7. The carrier undertakes that drivers who will perform road transport for the carrier, have a valid driver's license, valid travel documents with the necessary visas, authorization of his/her employer to drive the vehicle, be physically and mentally fit to drive, be conscientious and caring and have the necessary skills, knowledge and experience for performing international public transport of goods in road transport.
1.8. To perform the road transport service, The carrier shall be registered on the "Drive with Intereuropa" internet application to perform the road transport services. The online application allows the carrier to register itself and enter up-to-date contact information, information on vehicles and routes on which he/she operates, information on certificates (carrier's license, carrier liability insurance policy).
2. OBLIGATIONS OF THE CARRIER
2.1. The carrier is obliged to transport the goods himself. Handing over the transport to another carrier (sub-carrier) is prohibited. Exceptionally, the carrier may hand over the transport to another carrier after prior written approval from Intereuropa. Irrespective of Intereuropa's approval, the carrier is always and fully responsible for the correct, timely and complete performance of the transport as if it had been performed by him.
2.2. The carrier shall accurately check the quantities and condition of the goods at the time of taking over. Any findings shall be recorded as notes on the consignment note. If the consignor does not allow the presence during loading, the carrier shall immediately inform Intereuropa and write it on the consignment note accordingly. The carrier must adequately protect the goods from damage during transport. The carrier shall also check the vehicle so that there is no unauthorized cargo or illegal passengers on the vehicle.
2.3. The carrier is obliged to transport the goods in the most appropriate way and within the agreed transport period. If the transport period is not explicitly agreed, the carrier shall perform the transport in the time required by the caring carrier, taking into account the provisions of The European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) and with regard to the type and length of journey for the carriage of such goods.
2.4. If Intereuropa sends instructions to the carrier related to a particular transport or type of transport, the carrier is obliged to follow such instructions. In case of non-compliance with the instructions, the carrier shall be liable for liquidated damages (penalties) suffered by Intereuropa for non-compliance with the instructions by the carrier.
2.5. The carrier is liable for the consequences resulting from the loss or improper use of supporting documents taken over from the consignor or Intereuropa. If, due to the fulfilment of the order, it is necessary to obtain TIR carnets, the carrier is obliged to obtain them in its own name and for its own account and to take care of to discharge TIR carnets from the guarantee authority in Slovenia. The carrier shall be liable for the payment of duties and default interest if it has not taken care of the discharge of the TIR carnet.
2.6. When performing transport, the carrier is obliged to respect all legislation of the countries according to which the transport is performed (for example, MiLog-Germany, EKAER Hungary, (). The carrier is obliged to take care at its own expense of all necessary permits for the vehicle for the performance of a specific transport, if this is determined by the regulations of the country in which the transport will be performed.
2.7. The carrier shall not communicate directly with the consignor or consignee when performing the transport, all instructions and requests must be sent to Intereuropa. If the carrier receives additional inquiries to perform the transport from the consignor or consignee, he/she shall send them to Intereuropa.
2.8. In the event of the driver's disease or other physical or mental incapacity of the driver to drive, or if the driver's driving license has been revoked or he/she has been sanctioned with the suspension of his/her driving license or a ban on driving, he/she shall immediately ensure another suitable driver for transport in accordance with provisions of these GTCs.
2.9. If it is not possible, due to unforeseen events and circumstances, to transport the goods within the agreed time and with the agreed conditions, the carrier shall immediately notify Intereuropa and agree on the necessary measures. In any case, he/she shall take all necessary steps to protect the goods he has taken for transport. 2.10. The carrier shall, with the utmost care and diligence, ensure that the goods are delivered only to the authorized consignee and that the consignee duly acknowledges receipt of the goods on the consignment note. The carrier shall ensure that the consignee writes its objections to the delay in transport, the quantity and condition of the goods and the packaging in the third copy of the CMR consignment note, which remains with the carrier. The carrier shall insist that the consignee records a specific and reasoned contract. For any major delay, loss, shortage or damage to the goods, the carrier shall ensure that a record is made at the consignee. In that case, a note shall be entered in the consignment note that a record has been drawn up. The carrier shall confirm the consignee's written remarks in the consignment note with his/her signature, under the signature of the consignee or sign the minutes, if the minutes has been drawn up. If the carrier does not agree with the findings of the consignee, he/she shall record his/her remarks below the remarks of the consignee. The carrier shall immediately notify Intereuropa of any delay, damage and lack of items and provide it without delay with all necessary evidence (records, sketches, photographs, driver's statements, etc.).
2.11. The carrier shall not exercise a lien or retention right on the goods he/she is transporting, regardless of whether he/she has any claims against Intereuropa, the consignor or the consignee. He/she shall also not unilaterally offset his/her obligations with his/her claims against Intereuropa.
3. OBLIGATIONS OF THE CARRIER
3.1. The carrier shall be responsible for its work, actions and omissions as well as for the work, actions and omissions of persons employed by it or who participated in the transport of goods on its behalf. In the case of handing over the order to the subcontractor, the carrier shall be fully responsible for the work of the subcontractor. The carrier shall be liable for loss of or damage to the goods taken over for carriage from the moment of taking over the goods for transport to its delivery to the consignee, as well as for damage caused by delays in transport and delivery of goods to the consignee in accordance with the provisions of the CMR Convention and these GTC. The carrier shall be liable for damage caused by a strike of its own staff.
3.2. The carrier will reimburse Intereuropa for all amounts and costs that it would have to pay to third parties due to loss, shortage, damage or delay in the carriage of goods, which it has assumed by Intereuropa for execution. The carrier shall be obliged to protect Intereuropa from any claims of third parties related to the damage caused by the carrier during the performance of the transport (e.g. traffic accidents, damage to the property of third parties, (……….).
3.3. The carrier is obliged to insure its transport liability according to the provisions of the CMR Convention in the amount of at least SDR 8.33 per kg of gross weight of the goods with regard to the maximum load capacity of the vehicle, for each vehicle separately and for each harmful event. Intereuropa may at any time require the carrier to provide it with a certificate from the insurance company on the validly concluded insurance and on the paid premiums and other obligations to the insurance company.
3.4. If damage is caused due to gross negligence, intent or violation of explicit instructions of Intereuropa by the carrier, its employees, possible subcontractors or other persons who performed the transport on behalf of the carrier, the carrier cannot refer to the limitation of liability specified in CMR or ZPPCP- 1 (Act on Road Transport Contracts)and Article 29 of the CMR Convention (for international transport) and Article 82, paragraph 5 of the LPPCP-1 (for domestic transport) apply.
4. OBLIGATIONS OF INTEREUROPA
4.1. Intereuropa will pay the agreed freight to the carrier for each performed transport in accordance with the instructions submitted to the carrier. For each performed transport, the carrier shall issue to Intereuropa, no later than 8 days from the delivery of the goods to the consignee (which must be visible from the attached original CMR), an invoice for the agreed freight in one copy. The invoice shall be accompanied by the original CMR consignment note and all other required documentation. Intereuropa and the carrier can agree that invoices are sent in electronic form together with attachments. The carrier shall issue invoices in accordance with the instructions received from Intereuropa and enter all required information (including reference numbers) on the invoices. If the invoices are not filled in correctly, Intereuropa may reject them.
4.2. Based on the received invoice and attached original documents on the performed transport (original CMR confirmed by the consignee, consignment note and other required documentation), Intereuropa will pay the calculated carriage charge within 30 days from the date of issuing the invoice, but not more than 60 days after the performed service, for transport of goods taken over and delivered without remarks to the consignee. If the CMR consignment note or other relevant documentation is not attached to the invoice or there are objections on the consignment note, Intereuropa may reject the invoice or withhold payment. In that case, the payment deadline is extended until the relevant documents are received, i.e. until the objections are resolved.
4.3. Intereuropa may at any time and unilaterally offset any of its obligations to the carrier with claims against the carrier.
5. SPECIAL PROVISIONS FOR CASES OF TRANSIT OPERATIONS AND TRANSPORT OF EXCISE AND HIGH VALUE GOODS
5.1. In the case of transport of customs goods where Intereuropa or another company issues to the carrier a transit declaration (T-document) in the common transit procedure (EU) or an excise document, the carrier shall ensure that its drivers will submit customs / excise documents for goods in accordance with customs regulations, i.e. Intereuropa guidelines.
5.2. The carrier shall, in case of any event not foreseen in connection with the transport of transit, excise and high value goods (for example, but not limited to: traffic accident, vehicle breakdown, health problems of persons involved, traffic congestions, diverted traffic,… .), or any event that would constitute a deviation from the instructions specified in the transport order, i.e. transport documentation or applicable customs and excise regulations, immediately notify Intereuropa and, in agreement with Intereuropa, the local competent customs office, if it has not already been notified. In case of suspicion that a criminal offense is being prepared, i.e. suspicion or it has been established that a criminal offense has been committed, the carrier shall immediately report it to the police and inform Intereuropa and the local competent customs office. In the event of any damage or removal of the customs seal from the truck or cargo, the carrier shall immediately notify Intereuropa.
5.3. The carrier shall, in case it has not submitted the documentation or goods in accordance with the applicable customs regulations, without objection and at the first call pay all costs, penalties and customs duties, which will arise as a result of non-delivery or incorrect delivery of goods and documents. The Carrier shall also reimburse Intereuropa and its responsible person for all damages incurred, including any subsequently determined charges, penalties and costs of proceedings to be incurred in the event of any other breach of the obligations, procedures and instructions specified in these GTCs. In the case of requesting the necessary evidence for the final resolution of a particular case, the carrier must provide Intereuropa with all support in seeking evidence of the completion of the transit procedure.
6. FINAL PROVISIONS
6.1. The Carrier and any employee, officer, director, advisor or agent of the Carrier shall keep, as business secret, and may not disclose in whole or partially, information, reports, documents, specifications, analyses, computer programs, records or other confidential materials received from Intereuropa regarding the order and transport. The carrier undertakes not to use the information received in the course of the carriage for its own purposes or in any other way other than within the scope strictly necessary for performance of the carriage.
6.2. The carrier is obliged to comply with the applicable legislation and the Code of Ethics of the Intereuropa Group, which is published on the website http://www.intereuropa.si/si/o-nas/eticni-kodeks. The carrier shall ensure respecting of human rights in doing business, in particular:- Not allowing any form of discrimination against employees,- Not allowing forced labour,- Not allowing child labour,- Not using any forms of bribery or corruption.The carrier shall take care of the appropriate care towards the environment and shall carry out various activities to reduce the impact of transport on the environment.Intereuropa has the right to check the fulfilment of the stated obligations, which the carrier must enable.
6.3. The carrier must not offer or give illicit gifts or other illicit benefits, directly or indirectly to employees of Intereuropa with the intention of bribery in order to lead the employee to abuse of position:- In order that the carrier gets a job, concludes a job under more favourable conditions or keeps the job,- In order that the employee fails to duly supervise the performance of contractual obligations, or- In order that the employee would do something else or miss something, which would cause damage to Intereuropa, i.e. enable the carrier an illicit benefit.
Intereuropa is committed to high ethical principles, so it is unacceptable for its employees to demand any personal benefit from the carrier. If the carrier is faced with such requirements, pressures or expectations of Intereuropa employees, such actions should be reported to the commissioner for corporate integrity and compliance at the e-mail address etika@intereuropa.si or at an anonymous application for reporting violations, available 24/7 on the website: https: //interzvizgac.intereuropa.si/
6.4 Information and data related to the provision of services based on these General Terms and Conditions are a business secret of Intereuropa.
Personal or other confidential or protected data available to Intereuropa and which the carrier will disclose in connection with the provision of services may, upon special request, be provided to domestic or foreign state, administrative or judicial bodies for the implementation of measures within the competence of these bodies.
Intereuropa shall send personal data of carriers to third countries only if it is necessary for the performance of the service.
The Carrier undertakes to notify all individuals whose personal data it has sent to Intereuropa for the performance of the Agreement, and inform them on the basis of these general conditions:
- With data on Intereuropa as the controller of personal data processing;
- With the fact that Intereuropa obtains personal data of individuals for the purpose of implementing measures prior to the conclusion of the Agreement, for the execution of the Agreement itself and for the requirements of applicable regulations governing the execution of rights and obligations under the Agreement. Based on the legal / legitimate interest (for the purposes of effective management within the Group), Intereuropa transfers personal data to the parent company and associated companies (parent company and subsidiaries in terms of the applicable law governing companies);
- With the fact that personal data obtained or created during the conclusion or execution of this contract are processed only by Intereuropa (persons working in the name and on behalf of Intereuropa - these are its employees and its contracted data processors);
- With the fact that personal data obtained on the basis of the Agreement are kept for another 10 years after the end of the contractual relationship;
- With the fact that on the website www.intereuropa.si, on the internet form at the link https://www.intereuropa.si/si/splosni-pogoji/splosni-pogoji-uporabe-spletne-strani, and at the person responsible for protection of personal data available at Blanka.Cesnik-Wolf@intereuropa.si or at the address: Intereuropa d.d., "GDPR", Vojkovo nabrežje 32, 6000 Koper can get more information on the content of the rights of individuals, the manner of their execution and other useful general information on the handling with personal data of individuals by Intereuropa;
- With the fact that he/she may exercise the right of access to his/her personal data, the right to correction or deleting, the right to restrict processing, the right to object to processing and the right to data portability;
- With the fact that he/she may lodge a complaint with the Information Commissioner of the Republic of Slovenia or a competent authority from another EU Member State (especially the member state where he/she resides or works) if he/she considers that Intereuropa is in breach of the General Data Protection Regulation (Regulation (EU) 2016). 679).
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6.5. For the purposes of ordering transport, the data from the "Drive with Intereuropa" (Vozite z Intereuropo) portal can also be used by companies associated with the company Intereuropa d.d., which are both companies in the Intereuropa Group and companies in the Pošta Slovenije group.
6.6. Intereuropa and the carrier will resolve any disputes in the spirit of business cooperation and peaceful settlement of disputes. If a peaceful settlement of the dispute will not be possible, the subject matter jurisdiction court in Koper shall be competent for resolving disputes. Slovenian law and the CMR convention apply.
6.7 If the carrier does not notify Intereuropa in writing of the amended Terms and Conditions by the day before the proposed date of application that it does not accept the proposal to amend these general terms and conditions or the Agreement, it shall be deemed it agreed to the amendments.If the carrier does not accept the proposal to amend these general terms and conditions or the Agreement, it may withdraw from the Agreement in writing without notice, no later than the day before the date of entry of the amendment into force.In the event that the carrier rejects the proposed amendments without cancelling the Agreement, it shall be deemed that Intereuropa terminated the Agreement with a 30-day notice period running from the day when the user notified Intereuropa in writing that it did not accept the proposed amendments to the general terms and conditions or Agreement.
With commencing the application of these General Terms and Conditions, the General Terms and Conditions for the provision of road transport services shall cease to apply from 20 February 2018, marked UP-OP-006. These general conditions with UP-OP-006/2 are valid and applied from 03.11.2020 and beyond.