{"id":122,"date":"2026-04-17T11:14:23","date_gmt":"2026-04-17T11:14:23","guid":{"rendered":"https:\/\/axenlogistics.eu\/?page_id=122"},"modified":"2026-06-24T10:49:48","modified_gmt":"2026-06-24T10:49:48","slug":"vop","status":"publish","type":"page","link":"https:\/\/axenlogistics.eu\/en\/vop\/","title":{"rendered":"GTC"},"content":{"rendered":"<h2 class=\"wp-block-heading\">General Terms and Conditions for Carriers of AXEN Logistics s. r. o.<\/h2>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Article I<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Basic Provisions and Definitions<\/h3>\n\n\n\n<ol class=\"wp-block-list\">\n<li>These General Terms and Conditions (hereinafter referred to as the \u201eGTC\u201c) of AXEN Logistics s. r. o., with its registered office at S\u00fa\u013eovsk\u00e1 5808\/21, 040 11 Ko\u0161ice \u2013 Z\u00e1pad district, Company Registration Number: 46 027 289, registered in the Commercial Register of the Ko\u0161ice Municipal Court, Section: Sro, file no.: 27357\/V (hereinafter referred to as the \u201eFreight Forwarder\u201c) govern the rights and obligations of the Freight Forwarder and the Carrier arising from the provision of domestic and international road haulage of goods on the basis of the contractual relationship between the Freight Forwarder and the Carrier (hereinafter referred to as the \u201eContract\u201c).<\/li>\n\n\n\n<li>For the purposes of these General Terms and Conditions, the following terms are defined as follows:<\/li>\n<\/ol>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>The Carrier\u2019s client is a natural person \u2013 an entrepreneur \u2013 or a legal entity for whom the Carrier provides transport or related logistics services on the basis of a separate contractual relationship.<\/li>\n\n\n\n<li>An order is a binding proposal to conclude a Contract delivered by the Shipper to the Carrier, containing the details of the consignment, including orders sent via the eCargo electronic platform or any other electronic system used by the Shipper.<\/li>\n\n\n\n<li>A consignment is goods, an item or a set of items, including packaging or handling units, which are the subject of carriage under the Contract.<\/li>\n\n\n\n<li>A subcontractor is a third party (business) to whom the Carrier entrusts the performance of part or all of the transport.<\/li>\n<\/ol>\n\n\n\n<ol class=\"wp-block-list\">\n<li>These General Terms and Conditions form an integral part of every Contract. Any provisions in the Contract that differ from these General Terms and Conditions shall take precedence over them. Any general terms and conditions, conditions of carriage or other contractual documents of the Carrier shall not apply, even if the Carrier refers to them in its documents, order confirmations, invoices, consignment notes or electronic communications, unless the Shipper has expressly accepted them in writing.<\/li>\n\n\n\n<li>By confirming the Order, the Carrier confirms that, prior to the conclusion of the Contract, it has familiarised itself with these General Terms and Conditions, has had the opportunity to familiarise itself with their content, understands them and agrees to them without reservation. These GTC are published on the Freight Forwarder\u2019s website and will also be sent to the Carrier in electronic form upon request. Confirmation of the Order via the eCargo system or any other electronic platform used by the Consignor shall be deemed to constitute confirmation that the Consignor has familiarised themselves with these GTC and agrees to their contents.<\/li>\n\n\n\n<li>Legal relations between the Consignor and the Carrier in international road transport are governed primarily by the Convention on the Contract for the International Carriage of Goods by Road (CMR), as promulgated by Decree of the Minister for Foreign Affairs No. 11\/1975 Coll. (hereinafter referred to as the \u201eCMR Convention\u201c). In matters not covered by the CMR Convention and in the case of domestic transport, the legal relationships are governed by the relevant provisions of Act No. 513\/1991 Coll. the Commercial Code, as amended (hereinafter referred to as the \u201eCommercial Code\u201c) and other generally binding legal regulations of the Slovak Republic.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Article II<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Conclusion of the Contract<\/h3>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The Contract of Carriage is concluded upon the Carrier\u2019s unconditional acceptance of the Shipper\u2019s Order, whether via the eCargo system, by email or by any other verifiable electronic means. The person confirming the Order on behalf of the Carrier declares that they are duly authorised and empowered to perform such a legal act. The Carrier shall bear all consequences of any exceeding or lack of such authorisation on the part of the person acting on its behalf. By confirming the Order, the Carrier confirms that it has read these General Terms and Conditions, understands their content and agrees to them in full.<\/li>\n\n\n\n<li>The carrier is obliged to confirm or reject the Order without undue delay, no later than 30 minutes after it has been received.<\/li>\n\n\n\n<li>If the Carrier confirms the Order with additions, reservations or amendments, such confirmation shall be deemed to constitute a new draft of the Contract, which shall only take effect upon its express acceptance by the Consignor.<\/li>\n\n\n\n<li>Upon confirmation of the Order, or without undue delay following such confirmation, the Carrier is obliged to provide the vehicle identification number, the driver and, at the Shipper\u2019s request, the details of any subcontractor to be carrying out the transport, including their contact and identification details, if the Shipper so requests.<\/li>\n\n\n\n<li>The Freight Forwarder is entitled to require the Carrier, prior to the performance of the carriage, to provide the documents or information necessary, in particular, to verify the Carrier\u2019s authorisation to carry out the carriage, insurance cover, the identity of the Carrier, the driver or a subcontractor, as well as compliance with the Shipper\u2019s internal security or control procedures. The Carrier is obliged to provide the requested information and documents truthfully, in full and within the specified time limit. Failure to provide the requested information or documents, the provision of false information or a refusal to cooperate shall be deemed a material breach of the Contract. The Consignor is entitled to refuse to carry out the transport or to withdraw from the Contract if there are reasonable doubts as to the authenticity, validity or accuracy of the information or documents submitted.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Article III<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Delivery charges and payment terms<\/h3>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The carriage charges agreed in the Contract are final and include all the Carrier\u2019s usual costs associated with carrying out the transport, in particular the costs of fuel, tolls, drivers\u2019 wages and subsistence allowances, parking fees at reasonably secure car parks and other operating costs, unless expressly agreed otherwise. The freight charge also includes standard waiting times for loading and unloading of up to 2 hours for each operation, unless otherwise agreed in the Order. Any additional costs, in particular demurrage charges, customs duties, extraordinary waiting times or other incidental costs, may be charged by the Carrier solely on the basis of the Shipper\u2019s prior written consent.<\/li>\n\n\n\n<li>The Carrier\u2019s entitlement to payment of the carriage charge arises upon the proper performance of the carriage and the delivery of all required documents to the Consignor (in particular, a duly endorsed CMR consignment note, delivery notes or their electronic equivalents accepted by the Consignor) and by fulfilling those obligations under the Contract and these General Terms and Conditions, the fulfilment of which is a condition for proper invoicing or for proving that the carriage has been performed.<\/li>\n\n\n\n<li>Invoices are payable within 45 calendar days of the date of delivery to the Freight Forwarder of a duly issued invoice and all documents required by the Contract or these General Terms and Conditions. The Carrier is obliged to send a legible electronic copy of a duly endorsed CMR consignment note or other document proving that the carriage has been performed no later than 24 hours after the consignment has been unloaded. If the Consignor or the Consignor\u2019s Client does not require the submission of the original documents, the delivery of a legible electronic copy shall suffice. VAT shall be charged on the carriage charge in accordance with the applicable legislation.<\/li>\n\n\n\n<li>If the invoice or accompanying documents do not contain the required details or contain incorrect or incomplete information, the Consignor is entitled to return the invoice to the Carrier for correction or completion. In such a case, the payment period shall not commence until the date of receipt of the duly corrected or supplemented invoice, together with all the required supporting documents.<\/li>\n\n\n\n<li>The Carrier shall not be entitled to assign, pledge or otherwise transfer its claims against the Shipper to a third party without the Shipper\u2019s prior written consent. A breach of this obligation shall be deemed a material breach of the Contract.<\/li>\n\n\n\n<li>The Carrier undertakes not to exercise a right of retention over the consignment or the transport documents on the grounds of claims against the Shipper without first giving the Shipper written notice and allowing a reasonable period for paymentor to remove the grounds for exercising the right of retention, except where mandatory legal provisions provide otherwise.<\/li>\n\n\n\n<li>The Consignor expressly agrees that that the Freight Forwarder is entitled to unilaterally set off any of its set-offable claims against the Carrier against the Carrier\u2019s claim for payment of the carriage charge, to the extent permitted by the relevant legislation.<\/li>\n\n\n\n<li>The Consignor is entitled to withhold payment of the freight charge, or part thereof, if the Carrier has breached its obligations under the Contract or these General Terms and Conditions and there are reasonable grounds to believe that the Consignor may make or is making a claim for damages, a right of recourse or a contractual penalty, until the circumstances of the case have been clarified or the mutual claims have been settled.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Article IV<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Implementation of transport<\/h3>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The Carrier is not authorised, without the prior written consent of the Consignor, to entrust the performance of all or part of the carriage to a third party (Sub-carrier), nor to allow the carriage to be carried out by a carrier or vehicle other than those notified to and approved by the Consignor, nor to transfer or otherwise assign the rights and obligations arising from the Contract to another person.<\/li>\n<\/ol>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>Payment of the contractual penalty shall not affect the Consignor\u2019s right to claim damages in excess of the amount of the contractual penalty.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The Carrier is obliged to carry out the transport properly, on time, with due care, in accordance with the Contract, these General Terms and Conditions, the Forwarder\u2019s instructions and the relevant legal regulations. The Carrier is obliged to protect the legitimate interests of the Consignor, as well as the legitimate interests of the Consignor\u2019s Client, and to refrain from any action that could harm the commercial interests of the Consignor or its Client.<\/li>\n\n\n\n<li>Upon taking delivery of the Consignment, the Carrier is obliged to check, in particular, the number of items, the Consignment\u2019s markings, the apparent condition of the Consignment and its packaging, the manner in which the Consignment is stowed and secured on the vehicle, as well as the accuracy of the details set out in the Contract and in the transport documents against the actual condition, including a check on the apparent suitability of the vehicle for carrying out the transport in accordance with the nature of the Consignment. The driver is obliged to be present during loading and to supervise the stowage and securing of the Consignment so that its safety is not compromised.<\/li>\n\n\n\n<li>If the Carrier discovers any irregularities, in particular damage to the packaging, a discrepancy in quantity, incorrect labelling, or the Shipment being improperly stowed or secured, it is obliged to inform the Consignor without delay and to enter a specific verbal reservation in the CMR consignment note or other transport document. If the Carrier is unable to inspect the Consignment to the necessary extent, it is obliged to state this fact as a reservation in the transport document. If the Carrier fails to fulfil the obligation to record reservations in the transport document, it shall be deemed to have accepted the consignment without reservation in a condition corresponding to the details stated in the transport documents and not to have raised any objections regarding its quantity, marking, packaging or method of loading, unless it proves otherwise.<\/li>\n\n\n\n<li>The Carrier is obliged to notify the Shipper without delay of any obvious inaccuracy, incompleteness or unenforceability of the Shipper\u2019s instructions, as well as of any circumstances that may prevent the proper performance of the carriage or give rise to damage, in particular transport restrictions, official bans, customs barriers, security risks, improper stowage of the Consignment or other obstacles to carriage.<\/li>\n\n\n\n<li>Where the goods being transported are dangerous goods, the Carrier is obliged to ensure that the carriage is carried out in full compliance with the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), promulgated by Notice of the Ministry of Foreign Affairs of the Slovak Republic No. 331\/2010 Z. z. as amended, as well as with the relevant generally binding legal regulations, in particular Act No. 56\/2012 Coll. on Road Transport, as amended, and the implementing regulations. The Carrier is also responsible for ensuring that the Sub-carrier fulfils all ADR obligations.<\/li>\n<\/ol>\n\n\n\n<p>The carrier is obliged to ensure that:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>the vehicle used for the carriage complied with all technical, safety and labelling requirements relating to the carriage of dangerous goods,<\/li>\n\n\n\n<li>the driver held a valid ADR driver training certificate for the relevant type of transport,<\/li>\n\n\n\n<li>the vehicle was fitted with the equipment and documentation required under ADR,<\/li>\n\n\n\n<li>all persons involved in the transport had been properly instructed and were professionally competent to the extent required by law.<\/li>\n<\/ol>\n\n\n\n<p>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.<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>If an order includes a request for the exchange of pallets (e.g. EUR pallets), the Carrier is obliged to carry out the exchange at the point of loading\/unloading and to keep proper records of the pallet slips. Unreturned, lost or damaged pallets will be charged to the Carrier at a rate of EUR 25 excluding VAT per pallet or at their current market value, whichever is higher, which includes the purchase price of the pallet and the Shipper\u2019s administrative costs.<\/li>\n\n\n\n<li>The Carrier is obliged to ensure that the vehicle\u2019s GPS tracking system is active and operational throughout the entire transport operation. At the Shipper\u2019s request, the Carrier is obliged to provide a working link to the vehicle\u2019s online tracking system (GPS tracking link) within 30 minutes at the latest.<\/li>\n<\/ol>\n\n\n\n<p>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,<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>any delay, unforeseen event or hindrance that may affect the proper and timely performance of the transport.<\/li>\n<\/ol>\n\n\n\n<ol class=\"wp-block-list\">\n<li>At the Shipper\u2019s request, the Carrier is obliged to provide details of the vehicle\u2019s location or a transcript of the GPS records stored in its systems even after the carriage has ended, if this is necessary to investigate a claim, a complaint, an insurance claim or a recourse claim.<\/li>\n\n\n\n<li>The Carrier is obliged to take all reasonable security measures during the carriage to protect the consignment against loss, damage or theft. When parking the vehicle, the Carrier is obliged to give priority to using guarded, well-lit or otherwise suitably secured car parks, taking into account the nature of the consignment, the location and the circumstances of the carriage.<\/li>\n<\/ol>\n\n\n\n<p>If the Contract, the Order, the Shipper\u2019s instructions or the nature of the consignment require enhanced security measures, the Carrier shall be obliged to comply with the Shipper\u2019s specific security instructions, in particular those relating to parking, the route, vehicle monitoring or the security of the consignment.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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\u2019s 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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Article V<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Liability, insurance and limits<\/h3>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The Carrier\u2019s liability for the total or partial loss of the Consignment, damage to it, or failure to meet the delivery deadline is governed by the CMR Convention.<\/li>\n<\/ol>\n\n\n\n<p>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\u2019s 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.<\/p>\n\n\n\n<p>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\u2019s 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.<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The Carrier is obliged, throughout the entire duration of the contractual relationship, to hold valid road carrier\u2019s liability insurance for damage caused in the course of road freight transport (CMR\/OLP insurance), taken out with an authorised insurer, with a minimum cover limit of at least EUR 100,000 per insured event; the Freight Forwarder is entitled to require a higher cover limit in the Contract or by instruction.<\/li>\n<\/ol>\n\n\n\n<p>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\u2019s insurance cover.<\/p>\n\n\n\n<p>The carrier is obliged, at the shipper\u2019s request, to provide the following without delay:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>proof of insurance cover,<\/li>\n\n\n\n<li>an insurance certificate or policy,<\/li>\n\n\n\n<li>proof of payment of the insurance premium, if requested by the Consignor.<\/li>\n<\/ol>\n\n\n\n<p>The Carrier is obliged to submit the documents referred to in the previous sentence no later than before the first consignment is carried out.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>If the Consignor consents to the use of a Sub-carrier, the Carrier is obliged to ensure that the Sub-carrier holds valid carrier\u2019s liability insurance with a scope and limit appropriate to the value and nature of the consignment being transported. At the Shipper\u2019s request, the Carrier is obliged to provide documents proving the existence of such insurance. Fulfilment of this obligation does not affect the Carrier\u2019s full liability for the acts or omissions of the Sub-carrier.<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li>Claims arising from international carriage by road are subject to the limitation periods set out in Article 32 of the CMR Convention. Other claims are subject to the limitation periods laid down in the relevant legislation governing the legal relationship in question. In the case of wilful misconduct or a breach of duty which, under the applicable law, is deemed to be equivalent to wilful misconduct, the limitation period is three years in accordance with Article 32 of the CMR Convention.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Article VI<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Commercial neutrality and contractual penalties<\/h3>\n\n\n\n<h3 class=\"wp-block-heading\">Failure to present the vehicle and cancellation of the transport<\/h3>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>In the event that:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>The carrier unilaterally cancels or refuses to carry out the agreed transport less than 12 hours before the agreed loading time, or<\/li>\n\n\n\n<li>The carrier fails to deliver the vehicle for loading properly and on time for a reason for which it is not responsible,<\/li>\n<\/ol>\n\n\n\n<p>The Freight Forwarder shall be entitled to a contractual penalty of EUR 200 for each individual breach.<\/p>\n\n\n\n<p>Payment of the contractual penalty shall not affect the Carrier\u2019s 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.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Commercial neutrality and the prohibition on circumvention<\/h3>\n\n\n\n<p>The Carrier undertakes to maintain commercial neutrality in relation to the Forwarder\u2019s Clients and to refrain from any action aimed at circumventing the Forwarder.<\/p>\n\n\n\n<p>For a period of 12 months following the completion of the last consignment carried out on behalf of the Consignor, the Carrier must not:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>to contact the Sender\u2019s Client, either directly or indirectly, for the purpose of offering its own or third-party transport or logistics services,<\/li>\n\n\n\n<li>to enter into a business partnership with the Consignor\u2019s Client without the Consignor\u2019s prior written consent,<\/li>\n\n\n\n<li>to misuse any commercial, pricing, contact or logistical information obtained through cooperation with the Freight Forwarder,<\/li>\n\n\n\n<li>to arrange or facilitate business contact between the Forwarder\u2019s Client and a third party for the purpose of providing transport, freight forwarding or logistics services without the Forwarder\u2019s prior written consent.<\/li>\n<\/ol>\n\n\n\n<p>The conclusion or execution of a commercial relationship between the Carrier and the Forwarder\u2019s 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.<\/p>\n\n\n\n<p>The Shipper\u2019s 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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>The contracting parties declare that they consider the amount of the contractual penalty to be reasonable in view of the value of the Forwarder\u2019s business contacts, know-how, client acquisition costs, reputation and potential loss of profit.<\/p>\n\n\n\n<p>Payment of the contractual penalty shall not affect the Consignor\u2019s right to claim damages in excess of the amount of the contractual penalty.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Prohibition on transhipment, vehicle changes and driver changes<\/h3>\n\n\n\n<p>The carrier is not authorised, without the prior written consent of the consignor, to:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>to transfer the consignment to another vehicle or to change the vehicle registration number,<\/li>\n\n\n\n<li>to restock with other goods,<\/li>\n\n\n\n<li>to change the agreed method or mode of transport,<\/li>\n\n\n\n<li>to change the driver notified to the Freight Forwarder, if the Freight Forwarder has required the driver to be identified for a specific consignment or has imposed specific security requirements in connection therewith,<\/li>\n\n\n\n<li>to replace the approved Sub-carrier with another person.<\/li>\n<\/ol>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>Payment of the contractual penalty does not affect the Freight Forwarder\u2019s right to claim damages in excess of the amount of the contractual penalty.<\/p>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Article VII<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Complaints, claims, insured events and recourse claims<\/h3>\n\n\n\n<h3 class=\"wp-block-heading\">Reporting claims and insurance incidents<\/h3>\n\n\n\n<p>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\u2019s liability, cause damage to the Consignment or result in a claim being made against the Consignor or the Carrier.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">The duty to minimise damage<\/h3>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>In particular, the carrier is obliged to:<\/p>\n\n\n\n<p>to ensure that the undamaged part of the Consignment is protected against further damage, deterioration, loss or theft,<\/p>\n\n\n\n<p>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,<\/p>\n\n\n\n<p>to inform the Consignor without delay of any measures taken or planned, and to act in accordance with the Consignor\u2019s instructions, where possible in the circumstances,<\/p>\n\n\n\n<p>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,<\/p>\n\n\n\n<p>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,<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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\u2019s liability for damage under the Contract, these General Terms and Conditions or the CMR Convention.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Claims documentation<\/h3>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>The carrier is obliged, at the shipper\u2019s request, to provide the following without delay:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>CMR consignment notes, delivery notes and other transport documents,<\/li>\n\n\n\n<li>photographs of the consignment, the packaging, the vehicle, the scene of the incident and the extent of the damage,<\/li>\n\n\n\n<li>a written statement from the driver or other persons involved in the incident,<\/li>\n\n\n\n<li>GPS vehicle tracking records, route data and vehicle location data,<\/li>\n\n\n\n<li>data from the tachograph, where relevant to the assessment of the incident,<\/li>\n\n\n\n<li>police records, reports, certificates or other documents issued by public authorities,<\/li>\n\n\n\n<li>CCTV footage or the information required to obtain it, where such information is available to the Carrier,<\/li>\n\n\n\n<li>documentation demonstrating the measures taken to minimise damage,<\/li>\n\n\n\n<li>any other documents or evidence that may be relevant to the assessment of liability, an insured event or a recourse claim.<\/li>\n<\/ol>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Co-operation in the event of an insured incident and in relation to recourse claims<\/h3>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>In particular, the carrier is obliged to:<\/p>\n\n\n\n<p>to provide, without delay, all documents, information, explanations and evidence relating to the claim or insured event,<\/p>\n\n\n\n<p>to ensure coordination between the driver, the subcontractor and, where applicable, any other persons involved in carrying out the transport,<\/p>\n\n\n\n<p>to provide the information required to report an insured event to the Carrier\u2019s insurer or the Consignor\u2019s insurer,<\/p>\n\n\n\n<p>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,<\/p>\n\n\n\n<p>upon request by the Consignor, to provide confirmation that the insured event has been reported to the Carrier\u2019s insurer, the claim reference number and the details of the person authorised to handle the claim,<\/p>\n\n\n\n<p>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,<\/p>\n\n\n\n<p>to refrain from any action that might result in the frustration, hindrance or limitation of an insurance claim or a right of recourse.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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\u2019s legal position.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Cooperation in the complaints procedure<\/h3>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>The Carrier is obliged, at the Shipper\u2019s 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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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\u2019s claims against the persons responsible.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Time limit for responding<\/h3>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>The Carrier\u2019s 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.<\/p>\n\n\n\n<p>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\u2019s 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.<\/p>\n\n\n\n<p>If the Carrier\u2019s 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.<\/p>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Article VIII<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Confidentiality and the protection of commercial information<\/h3>\n\n\n\n<h3 class=\"wp-block-heading\">Duty of confidentiality<\/h3>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Scope of confidential information<\/h3>\n\n\n\n<p>Confidential information includes, in particular:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>the identification, contact and business details of the Forwarder\u2019s Clients,<\/li>\n\n\n\n<li>pricing terms, freight rates, margins, pricing, business models, cost calculations and internal business procedures used by the Freight Forwarder,<\/li>\n\n\n\n<li>information on completed or planned shipments,<\/li>\n\n\n\n<li>information on routes, loading and unloading points, transport schedules and logistics processes,<\/li>\n\n\n\n<li>data obtained via the electronic systems used by the Freight Forwarder, in particular the eCargo system or other electronic platforms,<\/li>\n\n\n\n<li>GPS data, vehicle movement data, monitoring data and safety information,<\/li>\n\n\n\n<li>internal procedures, methodologies, security measures, and processes for vetting carriers, subcontractors or drivers,<\/li>\n\n\n\n<li>information constituting trade secrets of the Consignor or its Clients under the relevant legislation.<\/li>\n<\/ol>\n\n\n\n<h3 class=\"wp-block-heading\">Prohibition on the disclosure and use of information<\/h3>\n\n\n\n<p>The Carrier must not, without the Shipper\u2019s prior written consent, disclose confidential information:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>make available, provide or disclose to a third party,<\/li>\n\n\n\n<li>use for their own benefit or for the benefit of a third party,<\/li>\n\n\n\n<li>to use for the purpose of establishing or maintaining a business relationship with the Consignor\u2019s Client or any other person whose identity has been disclosed to the Consignor in connection with the performance of the Contract,<\/li>\n\n\n\n<li>copy, store or process data beyond the extent necessary for the performance of the Contract.<\/li>\n<\/ol>\n\n\n\n<p>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.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Exceptions to confidentiality<\/h3>\n\n\n\n<p>The duty of confidentiality does not apply to information:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>which are demonstrably publicly available without the Carrier breaching its obligations,<\/li>\n\n\n\n<li>which the Carrier is obliged to make available pursuant to generally applicable legislation or a decision by the competent authority,<\/li>\n\n\n\n<li>which were demonstrably known to the Carrier prior to their being made available by the Consignor and were not obtained in breach of a third party\u2019s legal obligations.<\/li>\n<\/ol>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>The Carrier is not authorised, without the Shipper\u2019s prior written consent, to provide third parties with access details to the electronic systems used by the Shipper \u2013 in particular the eCargo system \u2013 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.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Duration of the duty of confidentiality<\/h3>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Liability for breach of confidentiality<\/h3>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>The assertion of a claim for damages shall not affect the Forwarder\u2019s rights under the clause on commercial neutrality, nor any other claims under the Contract, these General Terms and Conditions or the law.<\/p>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Article IX<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Force majeure<\/h3>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>The following, in particular, are considered to be circumstances of force majeure:<\/p>\n\n\n\n<p>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,<\/p>\n\n\n\n<p>unforeseeable disruptions to transport, energy or communications infrastructure, transport restrictions or interventions by state authorities,<\/p>\n\n\n\n<p>international sanctions, embargoes, export or trade restrictions imposed by the European Union, the United Nations or the relevant national authorities,<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>The provisions of this Article are without prejudice to the mandatory provisions of the CMR Convention or the scope of the Carrier\u2019s liability under the CMR Convention.<\/p>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Article X<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Privacy Policy<\/h3>\n\n\n\n<p>The freight forwarder processes the personal data of natural persons, in particular drivers, the Carrier\u2019s 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.<\/p>\n\n\n\n<p>Personal data is processed primarily for the following purposes:<\/p>\n\n\n\n<p>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\u2019s rights and legitimate interests,<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>verification of the Carrier, the driver or the Sub-carrier,<\/li>\n\n\n\n<li>handling complaints, insurance claims and recourse claims,<\/li>\n\n\n\n<li>compliance with obligations under legislation governing transport, penalty schemes, accounting and document archiving.<\/li>\n<\/ol>\n\n\n\n<ol class=\"wp-block-list\">\n<li>The Carrier acknowledges that, in connection with the performance of the carriage, the Freight Forwarder may also process data relating to the vehicle\u2019s location, drivers\u2019 identification details, contact details of persons involved in the carriage, data contained in transport documents, photographs, communication records and other data necessary for organising the transport, investigating safety incidents, handling complaints, insurance claims and recourse claims, or for protecting the legitimate interests of the Freight Forwarder, the Freight Forwarder\u2019s Client, or for the fulfilment of obligations arising from insurance contracts, legislation or the requirements of the relevant authorities.<\/li>\n\n\n\n<li>The Carrier declares that it is authorised to provide the Consignor with the personal data of persons involved in the performance of the carriage and that it has fulfilled, or ensured the fulfilment of, its information obligations towards those persons to the extent required by the relevant legislation.<\/li>\n\n\n\n<li>Detailed information on the processing of personal data, the scope of data subjects\u201e rights and the use of cookies is available in the \u201cPrivacy Policy\u201d, published on the Carrier\u2019s website in its current version.<\/li>\n<\/ol>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Article XI<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Service of documents and electronic communication<\/h3>\n\n\n\n<h3 class=\"wp-block-heading\">Forms of communication<\/h3>\n\n\n\n<p>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:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>the eCargo system or any other electronic platform used by the Freight Forwarder,<\/li>\n\n\n\n<li>electronic mail (e-mail),<\/li>\n\n\n\n<li>electronic consignment notes (eCMR),<\/li>\n\n\n\n<li>electronic documents and their electronic copies,<\/li>\n\n\n\n<li>other electronic means of communication used in business dealings between the contracting parties.<\/li>\n<\/ol>\n\n\n\n<p>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\u2019s intention to perform the relevant legal act.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Delivery of electronic messages<\/h3>\n\n\n\n<p>Unless otherwise agreed, a document sent by email shall be deemed to have been delivered:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>upon confirmation of its receipt by the addressee,<\/li>\n\n\n\n<li>at the moment an automatic confirmation of delivery or that the message has been read is sent,<\/li>\n\n\n\n<li>as soon as it reaches the recipient\u2019s electronic mailbox, 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.<\/li>\n<\/ol>\n\n\n\n<p>The Carrier acknowledges that requests, complaints, notifications of damage, claims, instructions from the Shipper and other business correspondence may be sent by email.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Communication via the eCargo system<\/h3>\n\n\n\n<p>Unless proven otherwise, any actions carried out via the Carrier\u2019s user account in the eCargo system shall be deemed to have been carried out by the Carrier.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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\u2019s prior written consent.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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\u2019s user account, but no later than the next working day following its availability.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Electronic documents<\/h3>\n\n\n\n<p>The contracting parties have agreed that electronic copies of documents, in particular:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>CMR consignment notes,<\/li>\n\n\n\n<li>delivery notes,<\/li>\n\n\n\n<li>pallet slips,<\/li>\n\n\n\n<li>proof of delivery,<\/li>\n\n\n\n<li>GPS records,<\/li>\n\n\n\n<li>photographs and other evidence,<\/li>\n<\/ol>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>If the Freight Forwarder or its Client does not require the original document, a legible electronic copy is sufficient.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Specific legal acts<\/h3>\n\n\n\n<p>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:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>by email,<\/li>\n\n\n\n<li>via the eCargo system or another electronic platform used by the Freight Forwarder,<\/li>\n\n\n\n<li>by post,<\/li>\n\n\n\n<li>by courier service,<\/li>\n\n\n\n<li>by personal delivery.<\/li>\n<\/ol>\n\n\n\n<p>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\u2019s 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.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Deemed delivery<\/h3>\n\n\n\n<p>A document delivered by post or courier service shall be deemed to have been delivered even if:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>the addressee refuses to accept it,<\/li>\n\n\n\n<li>the consignment will be returned to the sender as uncollected within the collection period,<\/li>\n\n\n\n<li>the consignment will be returned because the addressee has not notified us of a change to their contact details,<\/li>\n<\/ol>\n\n\n\n<p>namely on the date of refusal to accept the consignment or on the date on which the consignment is returned to the sender.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Notifying us of changes to your contact details<\/h3>\n\n\n\n<p>Each contracting party is obliged to notify the other contracting party without delay of any change:<\/p>\n\n\n\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>trade name,<\/li>\n\n\n\n<li>registered offices or places of business,<\/li>\n\n\n\n<li>email addresses,<\/li>\n\n\n\n<li>telephone number,<\/li>\n\n\n\n<li>contact persons,<\/li>\n\n\n\n<li>the data required for electronic communication.<\/li>\n<\/ol>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<div style=\"height:40px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Article XII<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Final Provisions<\/h3>\n\n\n\n<ol class=\"wp-block-list\">\n<li>Legal relationships arising under the Contract or these General Terms and Conditions shall be governed by the laws of the Slovak Republic. This is without prejudice to the mandatory provisions of international treaties and directly applicable European Union legislation, in particular the CMR Convention.<\/li>\n\n\n\n<li>The Freight Forwarder is entitled to amend or supplement these General Terms and Conditions at any time. In relation to a specific Contract or Order, the binding version of the GTC shall be effective from the date of dispatch of the relevant Order, unless the Carrier expressly stipulates otherwise.<\/li>\n\n\n\n<li>The courts of the Slovak Republic having jurisdiction over the subject-matter and venue of the dispute shall have jurisdiction to resolve disputes arising out of or in connection with the Contract, based on the Consignor\u2019s registered office, unless mandatory legal provisions, the Brussels I bis Regulation or the CMR Convention provide otherwise.<\/li>\n\n\n\n<li>The contracting parties undertake to resolve any disputes primarily through conciliation and to cooperate as necessary to settle them out of court.<\/li>\n\n\n\n<li>If any provision of these General Terms and Conditions becomes or is deemed to be invalid, ineffective or unenforceable, such invalidity, ineffectiveness or unenforceability shall not affect the validity, effectiveness and enforceability of the remaining provisions of these General Terms and Conditions. The contracting parties undertake to replace such a provision with a new provision whose economic and legal purpose is as close as possible to that of the original provision.<\/li>\n\n\n\n<li>These General Terms and Conditions are drawn up in the Slovak language. In the event that a foreign-language version of the General Terms and Conditions is produced, or in the event of any discrepancy between the different language versions, the Slovak version shall prevail.<\/li>\n\n\n\n<li>These General Terms and Conditions shall come into force and take effect on 24 June 2026<\/li>\n<\/ol>\n\n\n\n<p>In Ko\u0161ice, on 24 June 2026<\/p>\n\n\n\n<p><\/p>","protected":false},"excerpt":{"rendered":"<p>V\u0161eobecn\u00e9 obchodn\u00e9 podmienky pre dopravcov spolo\u010dnosti AXEN Logistics s. r. o. \u010cl\u00e1nok I Z\u00e1kladn\u00e9 ustanovenia a defin\u00edcie \u010cl\u00e1nok II Uzatv\u00e1ranie Zmluvy \u010cl\u00e1nok III Cena prepravy a platobn\u00e9 podmienky \u010cl\u00e1nok IV Realiz\u00e1cia prepravy V pr\u00edpade poru\u0161enia povinnost\u00ed pod\u013ea tohto odseku vznik\u00e1 Zasielate\u013eovi n\u00e1rok na zmluvn\u00fa pokutu vo v\u00fd\u0161ke 1.000 EUR za ka\u017ed\u00fd jednotliv\u00fd pr\u00edpad poru\u0161enia alebo [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-122","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/axenlogistics.eu\/en\/wp-json\/wp\/v2\/pages\/122","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/axenlogistics.eu\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/axenlogistics.eu\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/axenlogistics.eu\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/axenlogistics.eu\/en\/wp-json\/wp\/v2\/comments?post=122"}],"version-history":[{"count":5,"href":"https:\/\/axenlogistics.eu\/en\/wp-json\/wp\/v2\/pages\/122\/revisions"}],"predecessor-version":[{"id":163,"href":"https:\/\/axenlogistics.eu\/en\/wp-json\/wp\/v2\/pages\/122\/revisions\/163"}],"wp:attachment":[{"href":"https:\/\/axenlogistics.eu\/en\/wp-json\/wp\/v2\/media?parent=122"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}