General Terms and Conditions of Carriage
Terms and Conditions of Carriage Long version (08-2019)
The following definitions will be applied to the terms and conditions established below that will govern this contract of carriage.
"Our" and TRANSVOLANDO
|Transvolando, SL, the companies of said group (“Transvolando”) and its employees, agents, correspondents and dependents.|
|"You and your)"||Loader, shipper or consignee of the merchandise, as appropriate.|
|"Transport"||Transport itself and operations and related activities of broader content that, where appropriate, surround it.|
|"Shipment"||Merchandise that the shipper delivers simultaneously to the carrier for transport and delivery to a single recipient, from a single place of loading to a single place of destination.|
|"Package"||Each material unit of differentiated cargo that makes up the goods to be transported, regardless of their volume, dimensions and content.|
|"Other services"||Services of the figure of the transport operator; Services other than transport itself, such as storage, classification, assembly, packaging, installation, added value.|
|"Prohibited Items"||Merchandise or material whose transport is prohibited by law, rule or regulation in any of the countries through or over which the transport would take place.|
- THE PARTY WITH WHOM YOU ENTER INTO THE CONTRACT
The transport contract is concluded with the company TRANSVOLANDO, SL or with its subsidiary or affiliate that accepts your shipment.
You agree that we may subcontract all or part of the transportation under such terms and conditions as we deem appropriate.
- ACCEPTANCE BY YOU OF OUR TERMS AND CONDITIONS
By delivering Your Shipment to us and even in the event that You do not sign it, You accept the Terms and Conditions established in the Transportation contract and do so both on Your own behalf and on behalf of third parties that may have an interest in the Shipment. By delivering Your Submission to Us, You further agree that Our Terms and Conditions may not only be invoked by TRANSVOLANDO, SL, but also by any other person or company that we have subcontracted to collect, transport or deliver your shipment.
None of Our employees, agents or correspondents is authorized to suspend, alter or modify these terms and conditions. If they conflict with these Terms and Conditions, Your verbal or written instructions are non-contractual and do not bind us.
- SCOPE OF CONTRACT
4.1 These terms and conditions govern the Carriage of Your Shipment, regardless of the nature of our contract.
4.2 By entering into any contract with Us involving the Carriage of goods, You agree that:
– The contract is a contract for the transport of merchandise by road if the transport is actually carried out by road;
– The contract is an air freight contract if the transport is actually carried out by air.
– The contract is a contract for the maritime transport of goods if the transport is carried out by sea.
– The contract is a contract for the performance of Other Services if it is related to services other than transportation.
- DANGEROUS GOODS / SECURITY
5.1 Except in the circumstances set forth in paragraphs 5.2 and 5.3, We do not transport or provide any other services related to goods that We consider (in Our discretion) or are classifiable as dangerous according to, among others, the technical instructions of the Aviation Organization International Civil Service (ICAO), International Air Transport Association (IATA) Dangerous Goods Regulations, International Maritime Dangerous Goods Code (IMDG), European Agreement Relating to the International Carriage of Dangerous Goods by Road (ADR) regulations or any other national or international regulation applicable to the transport of dangerous goods or Other Services mediately or immediately connected or related.
5.2 Only if you obtain the qualification of approved client (for which you must go to our nearest delegation) can we proceed from time to time and discreetly to consider the acceptance of dangerous goods for transport or as an object of Other Services. In any event, Your Shipment will be subject to a surcharge and must comply with applicable regulations (see clause 5.1) and Our own requirements. Our nearest delegation will provide you with all the necessary additional details.
5.3 Certain dangerous goods are exempt from the approved customer requirements. Details can be obtained from the delegation of TRANSVOLANDO, nearest SL.
5.4 When You complete Our consignment note or deliver Your shipment to Us, You are tacitly guaranteeing and under Your responsibility that the Shipment does not contain any prohibited items listed in annex 17 ICAO or in other national or international regulations. In addition, You must provide a complete description of the contents of the Shipment in the consignment note, or accompanying document, without this exempting You from liability.
5.5 You authorize us to subject Your Submissions to security controls, including the use of x-ray equipment, explosive detectors or other security control methods; Likewise, You authorize us to open and examine Your shipment and the packages that are the object of it in transit.
5.6 You certify that You have prepared the Shipment for Carriage, or for the performance of any Other Service by Us, in secure facilities, by employees of Your trust hired by You; that the Shipment has been protected against any unauthorized interference during its preparation, storage and Carriage immediately before We accept the Shipment for Carriage or for the performance of Other Service by Us.
5.7. We do not accept Shipments containing Prohibited Items.
5.8 We may be required to provide or share information, including personal data of Your Shipments, both with the authorities of the countries of destination and with the authorities of the countries of transit, for reasons of control toduablack and/or security. In such case, You authorize Us to provide such information and data.
- EXPORT CONTROLS
6.1 As the sole party responsible for it, you guarantee full and timely compliance with all applicable legislation on export controls, including, by way of illustration, the regulations and rules that prohibit unauthorized trade in military and strategic goods and services, as well as agreements or financial transactions with particular individuals and entities in countries to whose origin and/or destination Your Shipments may be transported, or regulations and rules that impose conditions under which certain technologies, information or products may be transported to, from or through any country to which Your Shipment may be delivered.
6.2. You guarantee that You will not deliver any shipment to Us if You or any of the parties involved in it are included in any list of the United Nations sanctions programs, or any other national or regional program that complements or implements the detailed ones, as well as than any member listed in autonomous measures regulations.
6.3. You agree to identify shipments subject to pre-export regulatory controls, and to provide us with the information and documentation necessary to comply with applicable regulations.
6.4. You are responsible for, and will bear the cost of, investigating and obtaining the necessary licenses and permits for the transportation of Your Shipment, as well as ensuring the suitability of the consignee to receive the Shipment, in accordance with the laws of the country of origin. , destination and any other country that may claim jurisdiction over the Shipment,
6.5. We are not responsible for Your acts or omissions in connection with the laws of export controls, sanctions, restrictive measures or embargoes.
- RIGHT OF INSPECTION
You consent to Us or any governmental authority, includingduanas and security, We may open and inspect Your Shipment at any time.
- CALCULATION OF TRANSIT TIME AND ITINERARY OF SHIPMENTS
The delivery times indicated in Our publications do not reflect the weekend, public holidays or national holidays, delays caused by aduanas, delays attributable to compliance with mandatory local security requirements, or any other eventuality beyond our control. The determination of the itinerary and the mode of transport of your shipment is of Our sole responsibility.
- OFFICE FROM TODUANAS
9.1 You appoint Us as Your representative for the sole purpose of dispatching and shipping toduanumbers of Your Shipment. Likewise, you designate us as consignees of the merchandise to the extent necessary so that we can subcontract this task. If any Authority AduaIf you require additional documentation for these purposes, it is your responsibility to provide it to us at your expense and as soon as possible.
9.2 You warrant that all export and import statements and information provided to Us about the Shipment are true and correct. You know and accept that making false or fraudulent statements about the Shipment or any of its contents exposes you to a civil claim and, where appropriate, to a criminal charge, procedures in which the confiscation and sale of the merchandise may be agreed. We can, occasionally and discretionally, assist you in completing the documentation toduaas required, with the understanding that such collaboration is provided under Your sole responsibility and at Your sole risk. You agree to hold Us harmless and, if applicable, indemnify Us as a result of any claim that may be made against Us based on the information You have provided to Us. You will assume and be responsible for the cost that we incur in relation to the foregoing, including the processing costs that we charge you for providing the services referred to in this clause.
9.3 The actual shipper, shipper and consignee of the shipment shall be jointly and severally liable for the reimbursement of any duties, taxes (including VAT, where applicable), fines and penalties, warehouse charges or other expenses incurred for TRANSVOLANDO, SL for not having provided the appropriate documentation and/or not having obtained the necessary license or permit. The same joint and several liability applies with respect to the costs of processing the claim. You agree to provide an adequate and sufficient guarantee to respond to these concepts at Our first request.
9.4 We do not assume any responsibility for the duration of dispatch toduanero/import/export of the shipment, notwithstanding that we try to speed up the procedures to the extent legally possible.
9.5 You grant us your authorization to all the powers contained in Annex I of the Resolution of March 5, 2015 (BOE no. 65 March 17, 2015), as indirect representatives for a single declaration of dispatch, being its national scope of application .
- WRONG ADDRESSES AND PO BOXES
10.1 If we cannot carry out the delivery of a Shipment because the address stated in the transport contract is incorrect, We will contact You and make reasonable efforts to correct the incident and complete the delivery, invoicing, where appropriate, the additional charges that correspond.
10.2 We do not accept shipments destined for PO boxes, except in a rated number of countries (the list is available in the delegation of TRANSVOLANDO, SL that accepts the shipment) and on condition that we are provided with the consignee's telephone number; In the event that we are unable to make the delivery to the post office box, you consent to us sending the shipment to the consignee by certified mail, the delivery being considered made upon presentation of the shipping receipt.
- DELIVERY OF YOUR SHIPMENTS
11.1 In cases where delivery of the Shipment cannot be completed at destination for any reason, we will attempt to leave a note at the consignee's address indicating that delivery has been attempted. If the delivery cannot be completed after a second attempt or if the consignee rejects the Shipment, we will try to contact You to agree on the most appropriate way to proceed. The costs of reshipment, return or destruction as well as Our expenses and charges (if any) generated by the third and subsequent delivery attempts or any other agreed measure will be borne by You. If we do not receive instructions within a reasonable time after the second attempt to deliver the shipment, you consent to the destruction or sale of the shipment, as appropriate at our discretion and without creating any obligation or liability to you.
Instructions discounts Of delivery
11.2. You or the recipient of a Shipment may give us special instructions (via the website of TRANSVOLANDO, SL or by any other means), to deliver the Shipment to another location or to another person (for example, to a neighbor and/or a neighborhood address), or the recipient may indicate that he wishes to pick up the Shipment at a location approved by us . We are not required to comply with such instructions, but if we do, the following clauses will apply:
11.2.1. It will suffice to prove the delivery at destination that our delivery note states the person and/or the effective delivery address.
11.2.2. Compliance with your special instructions will be carried out at Your risk and under Your sole responsibility.
11.2.3. Therefore, You will indemnify us and hold us harmless from any claims, liabilities and costs (including reasonable attorneys' fees and expenses) incurred by reason of complying with Your special instructions.
11.2.4. Compliance with Your special instructions will result in a charge that You agree to pay.
You represent and warrant the following:
12.1 The contents of the Shipment (including, by way of illustration, the weight and number of Packages) are duly described in Our consignment note, are duly labeled and the corresponding label or labels have been firmly affixed by you to a conspicuous location on the outer surface of the Shipment, in a manner clearly visible to Us at all times;
12.2 The recipient's full address, including zip code, has been fully, accurately, and legibly recorded on Our waybill and on an address label firmly affixed by You to a prominent location on the outside surface of the shipment, clearly visible by Us at all times;
12.3 The contents of the shipment have been securely and carefully packaged by You to protect them from the normal risks associated with Carriage or Our performance of Other Services; including the processes associated with their mechanical manipulation (sorting);
12.4 You have declared the correct weight of the Shipment and You will provide Us with all special equipment, if any, necessary to load or unload the Shipment on and from Our vehicles;
12.5 You have firmly affixed a "HEAVY WEIGHT" label in a prominent place on the outer surface of each Package weighing more than 30Kgs in a manner clearly visible to Us at all times;
12.6 The contents of the Shipment are not subject to IATA, ICAO, IMDG or ADR restrictions, nor are they prohibited items, and neither You nor the consignee is a person or organization with whom We or You are legally or statutorily prohibited or restricted from doing business;
12.7 You will provide us with the declarations on dangerous goods that may be necessary, prepared correctly and accurately and in accordance with all applicable laws, rules and regulations;
12.8 Where You have requested that We charge the recipient or a third party, if the recipient or third party fails to pay Us, You will promptly settle our invoice in full, together with an administration fee, within seven days of issuance. of the invoice;
12.9 All applicable laws and regulations have been complied with;
12.10 You have managed on your own, at your risk and under your sole responsibility that all the documentation regarding the Shipment meets all the requirements to which your Transport is subject;
12.11 You have taken all reasonable precautions to comply with all cconventions, directives and legislation relating to personal data protection including, if feasible, encryption of personal data to ensure the security of personal data in the event of loss or misdelivery of a shipment;
12.12 The value of the Shipment does not exceed 25.000 euros;
12.13 You exempt us from liability and will hold us harmless against actions by third parties derived from Your degree of compliance with the foregoing guarantees, indemnifying us for damages, losses and expenses, including legal costs, that we incur with respect to You or with respect to any other person. for that reason.
- LIMITS OF OUR LIABILITY
Responsibility in transport services
13.1. In accordance with what is established below in stipulation 14, our responsibility in the framework of the Transport will be configured in accordance with the mandatory regulations in force on the matter at all times. A) Yes:
13.1.1 If the transport of your shipment is carried out totally or partially by air and includes as a last destination or intermediate stop in a country other than the country of origin, the Warsaw Convention of 1929, or the Warsaw Convention modified by the The Hague Protocol of 1955 and/or the Montreal Protocol No. 4 of 1975, or the Montreal Convention of 1999, as imperatively applicable. These international treaties govern and limit our liability for loss, damage or delay to your shipment to the amount of 19 special drawing rights per kilo.
13.1.2 If Your Shipment is transported in whole or in part by road within, to or from a country that is a party to the 1956 Convention for the International Carriage of Goods by Road (“CMR”), our liability for Loss or damage to your shipment or affected part thereof will be governed by the CMR and is limited to the amount of 8,33 special drawing rights per kilo. In the event of delay in which you can prove to us that you have suffered a loss as a result, our liability is limited to the reimbursement of the amount you have paid us as payment for carriage in respect of that shipment or the part thereof that would have suffered the loss. delay.
13.1.3 If the transportation of Your Shipment is carried out wholly or partially by road within a country that is not part of the CMR, or between two countries of which neither is a part of the CMR, our liability for loss or damage to Your Shipment or part affected by it, will be considered to be governed by the CMR and is limited to the amount of 8,33 special drawing rights per kilo. In the event of delay in which You can prove to Us that You have suffered a loss as a result, Our liability is limited to the reimbursement of the amount You have paid Us as payment for carriage in respect of that Shipment or the part thereof that would have suffered the loss. delay.
13.1.4 In accordance with what is established below in stipulation 14, our responsibility in the framework of Domestic Transport will be configured in accordance with the mandatory regulations in force on the matter at all times. For example, on the date of publication of these conditions, if the domestic transport of your Shipment is carried out totally or partially by road, the Land Transport Contract Law and other concordant regulations will apply.
13.2 Subject to the provisions of the following clause 14, if We have a liability in relation to Other Services for any other reason, Our liability to You is limited in any case to 10.000 Euros per event or series of events with one and the same cause of damage, or in the event of loss or damage to a Shipment, at the lower market value or repair cost of the Shipment or the affected part, applying in both cases a maximum limit not exceeding 3,40 euros per kilo with a limit maximum of 10.000 euros per event or series of connected events.
- EXCLUSIONS OF LIABILITY
14.1 We will not be liable for loss of revenue, loss of profits, loss of market, loss of reputation, loss of customers, loss of use, loss of business opportunity even if we were aware that such damage or loss may arise from any consequential damage, accessory (loss of profits) or for loss of any kind arising including without limitation a breach of contract, negligence, willful act or omission.
14.2 We will not be liable for breach of our obligations to you.
as a result of:
14.2.1 Causes beyond our control such as (but not limited to):
– Acts of God, for example: earthquakes, cyclones, storms, floods, fire, pests, fog, ice, etc.
– Force majeure, for example wars, accidents, acts of terrorism, strikes, embargoes, atmospheric phenomena, local disputes or civil disturbances;
– National or local alterations in the air or land transport networks and mechanical problems in the means of transport or machinery;
– Hidden defects or hidden defects in the contents of the shipment;
– Criminal acts of third parties such as theft and arson.
14.2.2 Your acts or omissions or those of third parties such as:
– Your breach (or that of a third party with right or interest in the Shipment) of the obligations under these terms and conditions, in particular of the guarantees established in clause 12;
– Acts or omissions of officers or employees of aduanas, security, airlines, airports or governments.
14.2.3 Inclusion of Prohibited Item(s) in Your Shipment, even if we may have accepted such Shipment in error.
14.2.4 Our refusal to make any illegal payments on Your behalf.
- PRODUCTS WITH GUARANTEED DELIVERY TIME
With respect to products with a guaranteed delivery time, if We do not deliver Your Shipment within the agreed period, and if Our failure was not caused by any of the eventualities described in Clause 14.2, and if You notify Us of your claim in accordance with point 19, we will charge you for the delivery service we actually provide (eg before noon) rather than charging the quoted price for the service you ordered from us (eg before 9am).
- VALUABLE ITEMS
Valuables such as gemstones, precious metals, jewelry, money, negotiable instruments, unprotected furniture, glass or ceramics, art objects, antiques, and important documents, for example, passports, stock and option offers and certificates purchase, should not be shipped through our transportation network as such a system involves the use of mechanical handling and automated sorting equipment, along with multiple vehicle transfers. If, despite this, you entrust us with the transport of this type of merchandise and we accept your order, we will carry it out under your responsibility and at your sole risk.
17.1 You can purchase insurance for the total value of the contents of the shipment (shipment other than documents) by completing the corresponding box on the waybill and paying the applicable rate for coverage against all risks of loss and damage during transport. for a maximum limit of 25.000 Euros per shipment. When the value of the shipment exceeds 25.000 Euros, our prior consent is required before contracting it. Insurance is not available for gemstones, precious metals, laptops, plasma or LCD screens, jewelry, money, glassware, china, art objects, antiques, documents or films, recordings, disks, memory cards or any other device for transport of data or images. If you ship the aforementioned goods, we suggest you take out insurance yourself.
17.2 You can purchase insurance for the costs of reconstruction, reproduction or reprinting (including material costs (eg paper) plus a reasonable labor cost) of your documents by filling in the corresponding box on the consignment note and paying the applicable fee for coverage against all risks of loss and damage during transport for a maximum limit of 500 Euros per shipment. This insurance is only available for a list of documents included in the local website of the country where TRANSVOLANDO, SL accepts your shipment for transport.
17.3 The previous insurance options (17.1 and 17.2) (i) do not cover consequential damages (see 13.1) or delays in delivery or when the loss has resulted from a breach of their obligations regarding these general conditions and (ii) they are not Available for a limited number of countries. To obtain a list of these countries and/or more information on insurance conditions and coverage, please contact our Customer Service department or consult the local website of the country where TRANSVOLANDO, SL accepts your shipment for transport.
- CLAIMS PROCEDURE
If You wish to make a claim for a lost, damaged, delayed or other type of Shipment, You must comply with the applicable conventions and laws, and the following procedures, or else We reserve the right to deny Your claim:
18.1 You must notify us of the loss, damage, or delay within 21 days (i) after receipt of the Shipment, (ii) from the date the Shipment should have been delivered, or (iii) from the date on which it is reasonably there was evidence of the loss, damage or delay in the event of a claim related to Other Services, unless it was a national transport, in which case the claim must be made within 7 days.
18.2 You must document Your claim by sending us all relevant information about the shipment and the loss, damage or delay suffered, within 21 days of notification of Your claim.
18.3 We are not required to act on claims until the carriage fee has been paid and you are not entitled to deduct the amount of your claim from the carriage fee;
18.4 AWe will assume the shipment was delivered in good condition, unless the recipient noted the damage on Our delivery record when they accepted the shipment. In order for us to consider a damage claim, the contents of your shipment and the original packaging must be made available to us for inspection;
18.5 SExcept as otherwise provided in any applicable provision and/or law, your right to claim damages will be extinguished provided no action is brought in court within one year of receipt of shipment or from the date the shipment was due. have been received or from the date transportation ended or if the claim relates to other services within one year of the date you should reasonably have been aware of the loss, damage or delay;
18.6 EIn the event of our acceptance of all or part of the claim, You warrant to Us that Your insurance company or any other third party having an interest in the shipment will have waived any rights, compensation or relief You may be entitled to by subrogation or by any other title;
18.7 EThe shipment will not be considered lost until at least 30 days have elapsed from the day you notify us of the non-delivery. We can agree with you in writing on a shorter period.
- RATES AND PAYMENTS
19.1 You agree to pay us the price of the transport (including supplements) between the points specified in this consignment note, as well as any Value Added Tax that is levied on the transport, within a period of 7 days from the date of the invoice that is drawn without withholding, deduction, counterclaim or compensation.
19.2 You waive Your right to dispute invoices if You do not object in writing within 7 days of the invoice date.
19.3 The transport price will be calculated in accordance with Our current Rates, applying the one that corresponds to Your Shipment or, where appropriate, in accordance with the Rates that have been agreed with You, in a particular way. Our current list of rates can be requested at any of our offices in the country in which the shipment is invoiced.
19.4 We charge based on the actual weight of the shipment or its volumetric weight, charging the weight that is greater; the volumetric weight is calculated according to the equation by volumetric conversion that appears in our rate list. We may check the weight and/or volume and/or number of items within Your Shipment and if We find that there is a discrepancy between the declared weight and/or volume and/or number of items You agree that the weight and/or / or the volume and / or the number of items that we determine may be used for our calculations.
19.5 All import duties, VAT on the merchandise and all other charges accrued on the occasion of the Shipment must be paid upon delivery. If the recipient of the Shipment refuses to pay, You agree to pay this amount in full within 7 days of our notification that the recipient of the Shipment has not paid.
19.6 You agree that we may charge you interest on invoices not paid within 7 days of the invoice date, at a rate of 6% above the base rate of the European Central Bank until full and final payment of the corresponding invoice. You agree to pay reasonable and appropriate charges for collection of invoices not paid within seven days of the invoice date.
19.7 The rates for door-to-door deliveries that appear in our current rate schedule include a provision for simple paperwork from aduanas; We reserve the right to charge an additional administration fee where, in order to enable us to deliver Your Shipment to the recipient, the clearance of aduanas requires excessive labor that requires a lot of time. Therefore, additional charges may apply in some countries with complex shipping processes.duanas; Such charges include, but are not limited to, shipments that require:
19.7.1 formal declarations ofduanas in relation to more than three different genera;
19.7.2 bonds toduanecessities, or the need to deliver goods under a bond toduablack;
19.7.3 temporary imports;
19.7.4 dispatches involving any government department other than the authority toduaBlack.
In many countries we may prepay duties, taxes, fines or other obligations on behalf of the importer; When this additional service is performed, the recipient will be charged a local administration fee, and you will be responsible for your payment if the final recipient refuses the payment.
In the event that You have given Us different payment instructions or have agreed with the recipient of the Shipment or with a third party that they are the ones who pay our fees and/or any duties, taxes, obligations, fines, levies, expenses, and surcharges that We would have been obliged to pay on the occasion of the Shipment, if the recipient or that third party refuses to pay us our fees for the Transportation or to reimburse us any of the amounts referred to, You agree to pay us said amounts within the seven days from the date on which we notify you of the rejection of the payment. In any case, TRANSVOLANDO may refuse to deliver the goods unless payment is guaranteed with sufficient security.
19.8 Our fee does not include a copy of the Proof of Delivery (POD) or any other additional documents.
19.9 Where permitted by law, Our standard bill presentment method is electronic billing. In the event that You request, or require, the use of paper billing, we reserve the right to charge an administrative fee to provide this service.
19.10 Our invoices must be paid in the currency established in the invoice or, in some cases, in the local currency calculated based on the exchange rates provided by us.
19.11 We will have a general lien on all your Submissions at any time in our possession, with the right to sell your content and retain the price we have obtained against any amounts you may owe us for previously delivered Submissions. .
19.12 You will be responsible for the payment of all rights, taxes and charges including application stamps in Transportation and Other Services as well as in all the documentation toduanecessary, including the transport consignment note.
- YOUR INDEMNITY TO YOUR EMPLOYEES
You agree to indemnify us and hold us harmless from all costs, claims, liabilities or actions arising directly or indirectly from the termination, selective rehire or transfer of:
20.1 Our employees assigned or dedicated to the services we offer you; or
20.2. any employee or former employee of yours; either
20.3 any vendor or former vendor of yours; or
20.4 any third party that may arise from the commercial relationship between you and us, including, but not limited to, any responsibility arising under the Directive on Acquired Rights of the European Community (77/187/EEC, modified by Directive 2001/23/EC) or under national legislation that applies said directive, or under other applicable labor legislation.
- DATA PROTECTION
21.1 The Client will be responsible for supplying TRANSVOLANDO complete and up-to-date information regarding the names and addresses of its customers, to whom, and from whom the Shipments are to be transported.
21.2 The Client acknowledges that, based on these Conditions, the information of its clients (if applicable) is provided to TRANSVOLANDO by the Client, part of which refers to information of an identifiable person. The Client acknowledges that TRANSVOLANDO has its own responsibility for processing and therefore, together with the Client, will be considered as a data controller (or joint data controller).
21.3 You may be asked to TRANSVOLANDO to share information, including personal data in relation to the shipment, with the authorities of the country of origin and destination of the shipment or the authorities of the country of transit for reasons of aduanas and/or security.
- LAW AND JURISDICTION
22.1 In the event that these terms or conditions are declared invalid or unenforceable, said invalidity or unenforceability will not affect the remaining provisions of this transport contract, these general conditions or the rest of the documents, including the bill of lading, which will remain in force.
22.2 Unless stipulated by any applicable convention, conflicts arising from these general conditions or related to them will be submitted to the laws and courts of the country in which the subsidiary, affiliate or branch of TRANSVOLANDO, SL that has accepted the shipment.
22.3 In the event that any dispute arises over the interpretation and execution of these general contracting conditions, both parties will submit to the Arbitration Board of Madrid. If the aforementioned Arbitration Board declares itself incompetent to hear the matter, the parties will submit to the Courts and Tribunals of Madrid.
Specific conditions of online contracting
- INFORMATION PRIOR TO THE CONTRACTUAL PROCESS
1.1 This web page https://transvolando.com Is property of TRANSVOLANDO, SL with CIF B87450003 and fiscal address at C/ Esteban Carros, 61 – 28053 Madrid, acting commercially under the brand TRANSVOLANDOSL
1.2 The particular online contracting conditions regulate the distance selling relationship between TRANSVOLANDO, SL and the user or client, in accordance with the legal stipulations, in particular, Law 7/1998, of April 13, on General Contracting Conditions, Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users, Royal Decree 1906/1999, of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions, Organic Law 15/1999 , of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Services of the Information Society and of Electronic Commerce. These particular conditions will prevail over the TERMS AND CONDITIONS OF TRANSPORT in force at any time in all those aspects that are specifically specific to the aforementioned regulations.
1.3 TRANSVOLANDO, SL reserves the right to make the modifications it deems appropriate, without prior notice, in these Particular Conditions. Said modifications may be made, through their websites, by any legally admissible form and will be mandatory during the time they are published on the web and until they are validly modified by subsequent ones.
1.4 The purpose of the website is to provide the services described in the TERMS AND CONDITIONS OF TRANSPORT.
1.5 All the contents of the web are in Spanish.
1.6 The duration of the contract will be linked to the completion of the contracted service.
1.7 As a user, the client expressly declares to know, understand and accept the conditions of use and these general contracting conditions. Likewise, you declare that you are of legal age and have the legal capacity to act necessary to access the websites of TRANSVOLANDO, SL and contracting through them.
- CHARACTERISTICS, OFFER AND VALIDITY OF THE SERVICES
2.1 The services offered on our website are detailed in the TERMS AND CONDITIONS OF TRANSPORTATION LONG VERSION (08-2019).
2.2 Throughout the request of your order you will be informed of the characteristics and options available for the shipment of the merchandise.
2.3 In the case of a service on offer, it will always be indicated along with its essential characteristics, the offer price and its validity.
2.4 In compliance with current regulations TRANSVOLANDO, SL offers information about all its services, their characteristics and prices. However, TRANSVOLANDO, SL reserves the right to withdraw, replace or change the services offered through its website, by simply changing its content. In this way, the services offered at any time by the website will be governed by the General Conditions of Contract in force in each case. Likewise, the company will have the power to stop offering, without prior notice and at any time, access to the aforementioned services.
- RESPONSIBILITY REGIME OF TRANSVOLANDO.
As stated in the TERMS AND CONDITIONS OF TRANSPORTATION LONG VERSION (08-2019), the responsibility of TRANSVOLANDO, SL is legally regulated with an imperative nature in current legislation on transport.
4.1 All services indicate the sale price in Euros and include Value Added Tax (VAT).
4.2 If any other taxes apply, they will be indicated during the application process. Likewise, we recommend that before the formalization of any request visit our section Help, to consult the possible requirements for the shipment.
- PAYMENT METHODS
The client may pay the amount of his service by choosing any of the following ways. During the purchase process you must indicate your choice:
5.1. VISA or MASTERCARD credit card
5.1.1. All operations involving the transmission of personal or banking data are carried out using a secure environment, a server based on standard security technology SSL (Secure Sockets Layer). All the information that you transmit to us travels encrypted through the network.
5.1.2. Likewise, the information about your credit card is entered directly on the bank's page, in the POS (Bank Point of Sale Terminal) and is not entered or registered in any server of TRANSVOLANDOSL
5.1.3. When paying with a VISA or MASTERCARD card, the following information will always be requested: the card number, the expiration date, and a Validation Code that matches the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD card. MASTERCARD, thus offering more guarantees about the security of the transaction.
5.1.4. This form of payment is valid only on the web.
5.2. When the amount of a purchase has been charged fraudulently or improperly using the number of a payment card, its owner must contact the supplier of his Visa or Mastercard, being TRANSVOLANDO, SL exempt from any liability for such charges.
5.3. However, if the purchase had actually been made by the cardholder and the refund requirement was not a consequence of having exercised the right of withdrawal or resolution and, therefore, had unduly demanded the cancellation of the corresponding charge, that will be bound in front of TRANSVOLANDO, SL to compensation for damages caused as a result of said cancellation.
- EXECUTION OF THE ORDER
6.1. To acquire our services, you can go to the section Send now
6.2. It is an essential requirement that you register as a user of the website. You can make your request through our web section: Send now, where you can provide the necessary data for the management of your request and whose registration can be done previously if you are not a client of TRANSVOLANDOSL
6.3. We inform you that the personal data collected during the registration process and subsequent provision of the service will be incorporated into our computerized files in order to carry out the provision of management services of our commercial activity between our firms, complying with the Organic Law 15/1999 of personal data protection.
In accordance with Organic Law 15/1999, the parties involved are informed and give their consent. to the incorporation of your data to the files, automated or not, existing in TRANSVOLANDO, SL duly declared before the Spanish Data Protection Agency (AEPD), and to automated processing of the same as well as of the data to which TRANSVOLANDO, SL has access as a result of the consultation, request or contracting of any service, as well as those obtained by recording the security cameras located in the offices, and in telephone conversations, to carry out as many procedures as possible. necessary for the provision of the contracted services in accordance with these general conditions and the purposes of managing TRANSVOLANDO, SL as well as the assignment of the same to subsidiaries de TRANSVOLANDO, SL as well as collaborating companies, in order to carry out the contracted service.
In addition to the above, and as provided by the aforementioned Organic Law, you will have the right, at all times, to access, rectify, cancel and oppose the personal data found in our files. Any of these requests must be made in writing, sending a letter by mail to the following address: TRANSVOLANDO, SL C/ Esteban Carros, 61- 28053 Madrid. Attention Department of Internal Control or via e-mail firstname.lastname@example.org
As long as you do not notify us otherwise, we will understand that your data has not been modified, that you agree to notify us of any variation and that we have your consent to treat them in order to process your billing.
6.4. If you are already a customer of TRANSVOLANDO, SL may make your order request by logging in, identifying yourself with the username and password provided. These data will not be public. You are responsible for treating confidentially and responsibly the identity and password obtained in the registration as a client, not being able to transfer them to another. You can modify the registered information at any time, in your client area. In this same section you will have access to a history of your contracted services. This is only a consultation section but its management is allowed, and the user can delete those records that he considers not necessary to view.
6.5. Once the application process has been completed, the client will receive a confirmation of the same by email. It is essential that during the order request process the user indicates a valid email. If in 24 hours from the end of the service you do not receive the confirmation, please contact TRANSVOLANDO, SL on the customer service telephone number 674 34 69 12 or by email info@transvolando. Es
6.6. Prior to the provision of the service, the client will receive an email with the confirmation of the requested service.
6.7. The transport costs derived from the execution of the order will be detailed during the application process and in the corresponding invoice. For more information, you should go to section 19 of the TERMS AND CONDITIONS OF TRANSPORTATION LONG VERSION (08-2019), corresponding to Rates and payments.
Once the service has been provided, the client will receive the corresponding electronic invoice. By virtue of article 63 of Law 3/2014 of March 27, the General Law for the Defense of Consumers and Users, the acceptance of these particular contracting conditions also implies the acceptance to receive the electronic invoice. In any case, you can revoke the consent given to the receipt of the electronic invoice at any time, by sending an e-mail to the e-mail address email@example.com, and requesting the invoice in paper format at no cost, being null and void, what is indicated in section 19.8 of the TERMS AND CONDITIONS OF TRANSPORT LONG VERSION (08-2019), for these particular conditions of online contracting.
6.8. For the shipment of any merchandise you must take into account the sections; 5, 6, 8, 7, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of the TERMS AND CONDITIONS OF TRANSPORTATION LONG VERSION (08-2019).
- CALCULATION OF TRANSIT TIME AND ITINERARY OF SHIPMENTS
The delivery times indicated in Our publications do not reflect the weekend, public holidays or national holidays, delays caused by aduanas, delays attributable to compliance with mandatory local security requirements, or any other eventuality beyond our control. The itinerary and method chosen to transport your shipment will be solely at our discretion.
- RIGHT OF WITHDRAWAL, REFUND OF PAYMENT
8.1. The customer may withdraw from the contract until TRANSVOLANDO Pick up the merchandise at origin.
8.2. The withdrawal must be carried out by telephone at the number 674 34 69 12, and must be confirmed by completing the corresponding withdrawal form.
8.3. If the withdrawal is validly exercised in accordance with the above, TRANSVOLANDO, SL will not collect the goods at origin, but will charge the customer for the management costs of the Shipment and the withdrawal that have been generated.
8.4. If, after that, the client is entitled to a partial refund, it will be subject to a period of 14 calendar days from the date of the valid exercise in time and form of the right of withdrawal.
8.5. The customer may not withdraw from the contract after delivering the shipment to TRANSVOLANDO, SL However, in such a case, TRANSVOLANDO, SL will try to return the shipment to origin, without prejudice to its right to invoice the shipment in full, in addition to the costs associated with the return to origin and the management of untimely withdrawal.
9.1. If the customer wishes to file a claim, he must send an email to the email address info@transvolando. Es.
9.2. Before formalizing the claim, you must consult sections 18 and 19 of the TERMS AND CONDITIONS OF TRANSPORTATION LONG VERSION (08-2019).
Waiving any other jurisdiction or jurisdiction that may correspond to them by law, you and TRANSVOLANDO, SL agree to submit any differences that may arise regarding the interpretation and compliance with these particular conditions of online contracting to the Madrid Transport Arbitration Board. If the aforementioned Arbitration Board declares itself incompetent to hear the matter, the parties expressly submit (after renouncing any other jurisdiction that may correspond by Law) to the Courts and Tribunals of Madrid capital.