In the event of a breach of the obligations set out in this paragraph, the Consignor shall be entitled to a contractual penalty of EUR 1,000 for each individual breach, or an amount equal to the agreed freight charge for the relevant consignment, whichever is the higher.
Payment of the contractual penalty shall not affect the Consignor’s right to claim damages in excess of the amount of the contractual penalty.
The Carrier shall be liable for the acts and omissions of the Sub-carrier, its employees and any persons engaged in the performance of the carriage, as if such acts or omissions were those of the Carrier itself.
The carrier is obliged to ensure that:
The carrier shall be liable for any damages, penalties, fines or other costs arising as a result of a breach of the obligations set out in this paragraph.
The carrier is also obliged to inform the consignor without delay of: a) the arrival of the vehicle for loading and unloading, b) the completion of loading and departure from the loading point, c) the completion of unloading of the consignment,
If the Contract, the Order, the Shipper’s instructions or the nature of the consignment require enhanced security measures, the Carrier shall be obliged to comply with the Shipper’s specific security instructions, in particular those relating to parking, the route, vehicle monitoring or the security of the consignment.
If it is not possible to use a secure car park, the Carrier is obliged to park the vehicle in a place that is reasonably safe, having regard to the circumstances of the journey.
A reasonably safe location is deemed to be, in particular, parking areas that meet the security requirements notified to the Carrier by the Consignor, including requirements arising from the Consignor’s insurance terms and conditions, in particular guarded car parks, car parks monitored by CCTV, well-lit car parks at petrol stations, customs or border car parks, certified secure car parks or other parking areas providing adequate supervision and protection of the vehicle and the consignment.
In the event of theft, attempted theft, a break-in into the vehicle or any other security incident where there are reasonable grounds to believe that damage has occurred, the Carrier is obliged to contact the relevant public authorities without delay, if the nature of the incident so requires, and to request the relevant official report or confirmation of the incident.
In international road transport, compensation for loss of or damage to a consignment is governed by Article 23 of the CMR Convention, under which the carrier’s liability is limited to 8.33 SDRs per kilogram of the gross weight of the consignment that is missing or damaged, unless the CMR Convention provides otherwise.
Where it is proven that the damage resulted from an intentional act on the part of the Carrier or from a breach of the Carrier’s obligations which, under the applicable law, is deemed to be equivalent to an intentional act within the meaning of Article 29 of the CMR Convention, the Carrier shall not be entitled to invoke the limitation of liability under the CMR Convention, in accordance with Article 29 of the CMR Convention.
The insurance must cover, in particular, liability for the loss, damage or destruction of a consignment, including insured events relating to the theft of a consignment, to the extent of the carrier’s insurance cover.
The carrier is obliged, at the shipper’s request, to provide the following without delay:
The Carrier is obliged to submit the documents referred to in the previous sentence no later than before the first consignment is carried out.
The carrier is responsible for ensuring that the insurance cover applies to the consignment in question, the countries through which it is transported and the type of goods being transported, and that it is not aware of any exclusions or limitations that would exclude the consignment from insurance cover.
The Carrier is obliged to notify the Consignor in writing without delay of any restriction, change, termination, cancellation or non-renewal of insurance cover which may affect its ability to properly fulfil its obligations under the Contract.
In the case of the carriage of high-value goods, high-risk goods or goods subject to special regulations (high-value cargo), the Freight Forwarder is entitled to require a higher limit of insurance cover prior to the carriage, in particular in the amount of EUR 250,000 or EUR 300,000, or any other appropriate amount depending on the value and nature of the Consignment.
If the Consignor consents to the use of a Sub-carrier, the Carrier is obliged to ensure that the Sub-carrier holds valid carrier’s liability insurance with a scope and limit appropriate to the value and nature of the consignment being transported. At the Shipper’s request, the Carrier is obliged to provide documents proving the existence of such insurance. Fulfilment of this obligation does not affect the Carrier’s full liability for the acts or omissions of the Sub-carrier.
The carrier is obliged to ensure that a roadworthy vehicle is provided at the loading point on the agreed date and at the agreed time, in accordance with the Contract.
In the event that:
The Freight Forwarder shall be entitled to a contractual penalty of EUR 200 for each individual breach.
Payment of the contractual penalty shall not affect the Carrier’s right to claim full compensation for damages, in particular costs incurred in securing a replacement vehicle, cancellation fees, penalties imposed by the client or other demonstrably incurred costs.
The Carrier undertakes to maintain commercial neutrality in relation to the Forwarder’s Clients and to refrain from any action aimed at circumventing the Forwarder.
For a period of 12 months following the completion of the last consignment carried out on behalf of the Consignor, the Carrier must not:
The conclusion or execution of a commercial relationship between the Carrier and the Forwarder’s Client during the period of the prohibition shall also be deemed a breach of the obligations under this paragraph, unless the Carrier can demonstrate that this business relationship did not arise in connection with the performance of the Contract or cooperation with the Freight Forwarder.
The Shipper’s Client is deemed to be any person whose identity, contact details or business relationships have been made available to the Carrier in connection with the performance of the carriage, including persons identified from the place of loading, the place of unloading, transport documents, electronic communications or electronic platforms used in the performance of the carriage.
In the event of a breach of the obligations set out in this paragraph, the Freight Forwarder shall be entitled to a contractual penalty of EUR 10,000 for each individual instance of breach.
The contracting parties declare that they consider the amount of the contractual penalty to be reasonable in view of the value of the Forwarder’s business contacts, know-how, client acquisition costs, reputation and potential loss of profit.
Payment of the contractual penalty shall not affect the Consignor’s right to claim damages in excess of the amount of the contractual penalty.
The carrier is not authorised, without the prior written consent of the consignor, to:
In the event of a breach of the obligations set out in this paragraph, the Consignor shall be entitled to a contractual penalty of EUR 1,000 for each individual breach, or an amount equal to the agreed freight charge for the relevant consignment, whichever is the higher.
If, as a result of a breach of the obligations set out in this paragraph, the Freight Forwarder or its Client suffers loss or damage, the Carrier shall be liable in full for such loss or damage.
If, as a result of a breach of the obligations set out in this paragraph, an insurance payment is reduced or refused, the Carrier shall also be liable to the Consignor for damages corresponding to the amount of the insurance payment not made.
Payment of the contractual penalty does not affect the Freight Forwarder’s right to claim damages in excess of the amount of the contractual penalty.
The Carrier is obliged, without delay and at the latest within 24 hours of the time at which it became aware of such a fact or could have become aware of it had it exercised due professional care, notify the Consignor in writing of any loss, insured event or other circumstance which may give rise to the Carrier’s liability, cause damage to the Consignment or result in a claim being made against the Consignor or the Carrier.
An event as referred to in the preceding sentence shall be deemed to include, in particular, the loss, partial loss, damage, destruction, theft or attempted theft of a Consignment; delays in loading or unloading; failure to meet the delivery deadline; a road traffic accident, fire, damage to the vehicle, breach of temperature control requirements, breach of security measures, handover of the Consignment to an unauthorised person, loss of control over the Consignment, intervention by public authorities, as well as any other event that may result in damage, an insured event, a claim or a right of recourse.
The obligation under this paragraph also applies to cases where damage has not yet occurred or its extent is not known, but there are reasonable grounds to suspect that damage, an insured event, a claim or a right of recourse may arise.
The notification must contain all facts known to the Carrier relating to the incident, in particular the date, time and place of the incident, a brief description of the circumstances in which it occurred, and details of the Consignment, the vehicle and the driver, the estimated extent of the damage, and information on the measures taken to protect the Consignment and minimise the damage.
Failure to comply with the duty to notify under this paragraph shall be deemed a breach of the Contract. If, as a result of a breach of this obligation, the settlement of a claim, the assertion of an insurance claim or a right of recourse is impeded or rendered impossible, the Carrier shall be liable to the Consignor for any loss or damage thus incurred.
If a loss event, an insured event or any circumstance arises that may result in damage to the Consignment, the Carrier is obliged to take all reasonable measures without delay to protect the Consignment, prevent further damage and minimise the extent of any damage already incurred.
In particular, the carrier is obliged to:
to ensure that the undamaged part of the Consignment is protected against further damage, deterioration, loss or theft,
to take reasonable salvage measures with a view to preserving the value of the Consignment or part thereof to the extent appropriate to the circumstances,
to inform the Consignor without delay of any measures taken or planned, and to act in accordance with the Consignor’s instructions, where possible in the circumstances,
to arrange for alternative storage, transhipment, repackaging, refrigeration, relocation or other appropriate measures necessary to protect the Consignment, where this is essential to prevent further damage, following prior consultation with the Carrier, where the circumstances of the case so permit,
to refrain from any handling of the Consignment or any part thereof which might hinder the determination of the causes of the damage, the extent of the damage, or the assertion of insurance, claims, complaints or recourse claims, unless this is necessary to avert imminent damage,
to retain the damaged Consignment, its packaging, security features, temperature records, photographs and any other evidence required for the investigation of a claim or insurance incident, unless the Consignor specifies otherwise.
Where the circumstances of the case so require, the Carrier is obliged to arrange for an inspection of the damaged Consignment, the vehicle or the scene of the incident, and to allow the Shipper, the insurer, the claims adjuster or any other authorised person to carry out such an inspection.
Costs reasonably incurred by the Carrier to avert imminent damage or to minimise the extent of such damage to a reasonable extent shall be assessed in the light of the circumstances of the particular case and the relevant legislation; this is without prejudice to the Carrier’s liability for damage under the Contract, these General Terms and Conditions or the CMR Convention.
If the Carrier fails to fulfil its obligations under this paragraph and, as a result, the damage is exacerbated, rescue measures are thwarted, a reduction in or refusal of insurance compensation, or the hindering of the assertion of recourse claims, the Carrier shall be liable to the Shipper for the loss thus incurred.
The carrier is obliged to immediately secure and retain all documents, records and evidence relating to a loss event, an insured event or any circumstance that may give rise to a loss, a claim or a right of recourse.
The carrier is obliged, at the shipper’s request, to provide the following without delay:
When transporting goods subject to temperature control, the Carrier is obliged to ensure and retain, in particular, records of the temperature throughout the entire journey, data from monitoring devices, calibration records (where available), and other documents demonstrating compliance with the required temperature control.
When transporting dangerous goods (ADR), the Carrier is obliged to provide and retain the documentation required by ADR regulations, records of any incidents and evidence of compliance with the obligations relating to the transport of dangerous goods.
In the event of the theft of the Consignment, the vehicle or any part thereof, an attempted theft, a break-in into the vehicle or any other security incident, the Carrier is obliged to immediately notify the relevant public authorities, obtain an official report of the incident and secure all available evidence necessary for the investigation of the incident and the assertion of insurance or recourse claims.
The Carrier must not, without the prior consent of the Consignor, dispose of, destroy, sell, hand over to a third party or otherwise deal with the damaged Consignment, any part thereof, packaging or other evidence relating to the incident, unless this is necessary to avert imminent damage or is required by law or by a decision of the competent authority.
The carrier is obliged to retain documentation and evidence relating to a claim or insured event for at least three years from the date of the event, but in any event at least until the final and binding conclusion of all related claims, insurance, legal or recourse proceedings.
If the Carrier fails to fulfil its obligations under this paragraph and, as a result, it becomes more difficult or impossible to prove the occurrence of damage, determine liability, claim insurance compensation or pursue a right of recourse, it shall be liable to the Shipper for any loss or damage arising therefrom.
The carrier is obliged to provide the consignor, its insurer, the claims adjuster, legal representatives or other persons authorised to handle the claim or insured event with all necessary assistance in the investigation, settling and handling the claim or insurance incident, as well as in the assertion or recovery of claims relating to such an incident.
In particular, the carrier is obliged to:
to provide, without delay, all documents, information, explanations and evidence relating to the claim or insured event,
to ensure coordination between the driver, the subcontractor and, where applicable, any other persons involved in carrying out the transport,
to provide the information required to report an insured event to the Carrier’s insurer or the Consignor’s insurer,
to report an insured event to their insurer without delay, if such an obligation arises from the insurance contract or the terms and conditions of the policy,
upon request by the Consignor, to provide confirmation that the insured event has been reported to the Carrier’s insurer, the claim reference number and the details of the person authorised to handle the claim,
to allow the insurance company, the claims adjuster or a person authorised by the Freight Forwarder to inspect the Consignment, the vehicle, the scene of the incident or any related documents,
to refrain from any action that might result in the frustration, hindrance or limitation of an insurance claim or a right of recourse.
The Carrier is obliged to provide the Freight Forwarder with all reasonably requested assistance, including in the pursuit of recourse claims against the persons responsible, Sub-carriers, insurance companies or other entities liable for the damage.
The duty to cooperate under this paragraph shall continue even after the completion of the carriage, the termination of the Contract or the termination of the cooperation between the Freight Forwarder and the Carrier, until the final resolution of any claim, insurance proceedings, recourse proceedings or any other proceedings relating to the loss event.
If the Carrier fails to provide the required cooperation and, as a result, there is a refusal, a reduction in or delay to the insurance payout, the unsuccessful assertion of a right of recourse, or the occurrence of further damage, the Carrier shall be liable to the Consignor for such damage.
The Carrier is not authorised, without the prior written consent of the Shipper, to accept liability for damage, to enter into an agreement on compensation for damage, waive a claim, enter into a settlement or take any other action that may affect the insurance payout, a right of recourse or the Shipper’s legal position.
The carrier is obliged to provide the freight forwarder with all necessary assistance in dealing with claims, complaints or other claims relating to the performance of the carriage.
The Carrier is obliged, at the Shipper’s request, to provide without delay all documents, information, explanations and evidence necessary to assess the validity of a complaint or a claim made, in particular CMR consignment notes, delivery notes, photographs, GPS records, communication records, statements from the driver or subcontractor, and other relevant documentation.
The carrier is obliged to ensure the cooperation of the driver, the subcontractor or any other persons involved in the provision of the transport service, if their statement or cooperation is necessary to investigate a complaint or a claim that has been made.
The carrier is obliged to refrain from any action that might hinder or prevent the proper investigation of a complaint or the enforcement of the consignor’s claims against the persons responsible.
The obligation to cooperate under this paragraph shall continue even after the completion of the carriage and after the termination of the Contract, until the complaint or related claim has been finally resolved.
The carrier is obliged to respond in writing to any complaint, insurance claim, claim for damages, recourse claim or other claim made by the Consignor within 15 calendar days of the date of receipt of the notification of the complaint or claim, unless the Consignor specifies a reasonable longer period.
The Carrier’s statement must set out all the relevant facts, its position on the claim made, and all documents and evidence known to the Carrier to which it refers.
If the Carrier fails to provide its response within the specified time limit or fails to provide the required cooperation, this shall not affect the Shipper’s right to assert its claims against the Carrier. In such a case, the Consignor is entitled to base its case on the available evidence and the circumstances of the case.
If the Carrier’s failure to cooperate or inaction causes the Consignor to suffer loss, or prevents or hinders the settlement of a complaint, an insurance claim or a recourse claim, the Carrier shall be liable for the loss thus incurred.
The Carrier is obliged to maintain confidentiality regarding all matters relating to the Consignor, its Clients, business partners and the shipments carried out, of which it becomes aware in connection with the conclusion or performance of the Contract.
Confidential information is deemed to include, in particular, commercial, technical, operational, logistical, organisational, pricing and economic information, as well as any data that is not publicly available and the disclosure of which to a third party could cause harm to the Freight Forwarder or its Client.
Confidential information includes, in particular:
The Carrier must not, without the Shipper’s prior written consent, disclose confidential information:
The Carrier is obliged to ensure that its employees, drivers, subcontractors and any other persons engaged in the performance of the Contract also comply with the duty of confidentiality.
The duty of confidentiality does not apply to information:
If the Carrier is required to disclose confidential information under point (b), it must inform the Shipper of this fact without delay, provided that this is permitted by law.
The Carrier is not authorised, without the Shipper’s prior written consent, to provide third parties with access details to the electronic systems used by the Shipper – in particular the eCargo system – nor to allow such third parties to use them. The Carrier is liable for all actions carried out using the access details assigned to it.
The duty of confidentiality under this Article shall remain in force for the entire duration of the contractual relationship and for a further five years following its termination, regardless of the manner in which the Contract is terminated.
The duty of confidentiality in relation to trade secrets, personal data or information deemed confidential under the law shall remain in force for as long as such information enjoys legal protection.
In the event of a breach of the obligations set out in this Article, the Carrier shall be liable for any damage, costs, penalties, recourse claims or other financial loss thereby incurred by the Consignor, or which the Consignor is obliged to compensate to its Client or a third party.
The assertion of a claim for damages shall not affect the Forwarder’s rights under the clause on commercial neutrality, nor any other claims under the Contract, these General Terms and Conditions or the law.
A contracting party shall not be liable for a breach of its obligation if it proves that it was temporarily or permanently prevented from fulfilling that obligation by an extraordinary, unforeseeable and unavoidable obstacle arising independently of its will, which could not reasonably have been foreseen or overcome even with the exercise of professional care.
The following, in particular, are considered to be circumstances of force majeure:
war, armed conflict, a terrorist attack or civil unrest, b) strikes, road blockades or border closures, c) epidemics, pandemics or emergency measures imposed by public authorities, d) natural disasters, fires, floods or extreme weather conditions,
unforeseeable disruptions to transport, energy or communications infrastructure, transport restrictions or interventions by state authorities,
international sanctions, embargoes, export or trade restrictions imposed by the European Union, the United Nations or the relevant national authorities,
large-scale cyber-attacks, or failures of information systems or electronic communications networks, which prevent the provision of transport services or communication between the contracting parties.
A party invoking force majeure is obliged, without undue delay and at the latest within 24 hours of the time at which it became aware of, or could have become aware of, such circumstances, inform the other contracting party of the occurrence, the expected duration and the consequences of such circumstances, whilst at the same time taking appropriate measures to minimise any resulting damage or delay.
A contracting party which fails to fulfil its duty to give notice in accordance with the preceding paragraph may not invoke force majeure against the other contracting party in respect of any loss or other adverse consequences which could have been avoided by timely notification.
The provisions of this Article are without prejudice to the mandatory provisions of the CMR Convention or the scope of the Carrier’s liability under the CMR Convention.
The freight forwarder processes the personal data of natural persons, in particular drivers, the Carrier’s contact persons, sub-carriers, sub-carrier drivers and other persons involved in the provision of transport services, in accordance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Act No. 18/2018 Z. z. on the protection of personal data, as amended.
Personal data is processed primarily for the following purposes:
the conclusion and performance of the contractual relationship; b) the organisation and execution of transport; c) communication with the contracting parties and drivers; d) the recording of transport documents, GPS data and safety incidents; e) the protection of the Consignor’s rights and legitimate interests,
The contracting parties have agreed that, in connection with the conclusion, amendment, performance and termination of the Contract, the provision of transport services, the sending of documents, the assertion of claims and other communications, they may make use of, in particular:
The contracting parties acknowledge that communication carried out by the means set out in this paragraph shall be deemed legally binding and capable of producing legal effects, provided that its content indicates the contracting party’s intention to perform the relevant legal act.
For the purposes of the Contract and these General Terms and Conditions, electronic communication carried out via email, the eCargo system or any other electronic means of communication that allows the content of a legal act to be recorded and the person who performed that act or sent it on behalf of the relevant contracting party to be identified.
Unless otherwise agreed, a document sent by email shall be deemed to have been delivered:
The Carrier acknowledges that requests, complaints, notifications of damage, claims, instructions from the Shipper and other business correspondence may be sent by email.
Unless proven otherwise, any actions carried out via the Carrier’s user account in the eCargo system shall be deemed to have been carried out by the Carrier.
The carrier is responsible for safeguarding its login details and for any actions carried out using the login details assigned to it, unless it can prove that they were misused despite having taken appropriate security measures.
The Carrier is not authorised to disclose access details to a third party or to allow another person to use its user account without the Shipper’s prior written consent.
The Carrier is obliged to notify the Consignor without delay of any suspected misuse of, or unauthorised access to, a user account or login details.
A report, document, notification or other communication delivered via the eCargo system or any other electronic platform used by the Consignor shall be deemed to have been delivered at the moment it becomes available in the Carrier’s user account, but no later than the next working day following its availability.
The contracting parties have agreed that electronic copies of documents, in particular:
are deemed to be admissible as evidence of compliance with the obligations under the Treaty, provided there are no reasonable grounds to doubt their authenticity or completeness.
If the Freight Forwarder or its Client does not require the original document, a legible electronic copy is sufficient.
Notice of withdrawal from the Contract, termination of the Contract, imposition of a contractual penalty, set-off of claims, a claim for damages, a pre-action notice or any other legal act relating to the creation, amendment, termination or enforcement of rights and obligations under the Contract may be served:
Unless an earlier time of delivery can be proven, such a legal document sent by email shall be deemed to have been delivered at the time it reaches the recipient’s email inbox, but no later than the next working day after it is sent to the last notified email address, provided that the sender does not receive a non-delivery notification.
A document delivered by post or courier service shall be deemed to have been delivered even if:
namely on the date of refusal to accept the consignment or on the date on which the consignment is returned to the sender.
Each contracting party is obliged to notify the other contracting party without delay of any change:
If a party fails to comply with this obligation, any document sent to the last notified contact details shall be deemed to have been duly served.
The contact details provided by the Carrier in the Order, the Contract, the eCargo system or upon registration with the eCargo system shall be deemed to be valid contact details for the purposes of delivery until such time as the Carrier notifies the Consignor in writing of any change thereto.
In Košice, on 24 June 2026
