GENERAL CONDITIONS
General Terms and Conditions of Carriage
Terms and conditions of carriage Long version (08-2019)
1. DEFINITIONS
The following definitions shall apply to the terms and conditions set forth below which shall govern this contract of carriage.
| “We”, “Us”, “Us”
“Nuestro” and TRANSVOLANDO |
Transvolando, S.L., the companies of said group (“Transvolando”) and their employees, agents, correspondents and dependents. |
| “You” and “Your(s).” | Shipper, consignor or consignee of the goods, as applicable. |
| “Transportation”. | Transportation itself and related operations and activities of broader content, if any, surrounding it. |
| “Shipment.” | Goods that the shipper simultaneously delivers to the carrier for carriage and delivery to a single consignee, from a single place of loading to a single place of destination. |
| “Package”. | Each differentiated material unit of cargo formed by the goods being transported, regardless of their volume, dimensions and content. |
| “Other Services”. | Services proper to the figure of the transport operator; services other than transport itself, such as storage, classification, assembly, packaging, packing, installation, added values. |
| “Prohibited Articles”. | Goods or material the carriage of which is prohibited by law, rule or regulation in any of the countries through or over which the carriage is to pass. |
2. THE PARTY WITH WHOM YOU ENTER INTO THE CONTRACT
The contract of carriage is with TRANSVOLANDO, S.L. or with the subsidiary or affiliate of this company 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.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By delivering Your Shipment to Us and even if You do not sign them, You accept the Terms and Conditions set forth in the contract of Carriage and do so both on Your own behalf and on behalf of third parties who may have an interest in the Shipment. By delivering Your shipment to Us, You also agree that Our Terms and Conditions may be invoked not only by TRANSVOLANDO, S.L., but also by any other person or company that We have subcontracted to pick up, 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 oral or written instructions have no contractual content and do not bind Us.
4. SCOPE OF THE 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 Transportation of goods, You agree that:
– The contract is a contract for the carriage of goods by road if the carriage is actually performed by road;
– The contract is a contract for the carriage of goods by air if the carriage is actually performed by air.
– The contract is a contract of carriage of goods by sea if the carriage is by sea.
– The contract is a contract for the performance of Other Services if it relates to services other than transportation.
5.1. Except in the circumstances set out in paragraphs 5.2 and 5.3, nor do We carry or provide any other service in respect of goods which We consider (at Our discretion) or are classifiable as dangerous under, inter alia, the International Civil Aviation Organization (ICAO) Technical Instructions, the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods (IMDG) code, the regulations of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) or any other national or international regulation applicable to the transport of dangerous goods or Other Services directly or indirectly connected or related.
5.2. Only if you qualify as an approved customer (for which you should contact our nearest branch office) may we occasionally and discreetly proceed to consider accepting dangerous goods for transport or as the subject of Other Services. In any case, Your Shipment will be subject to a surcharge and must comply with applicable regulations (see clause 5.1) and Our own requirements. Our nearest branch office will provide you with all the necessary additional details.
5.3. Certain dangerous goods are exempt from approved customer requirements. Details can be obtained at the nearest TRANSVOLANDO, S.L. branch office.
5.4. When You complete Our waybill or deliver Your shipment to Us, You are tacitly guaranteeing and under Your responsibility that the Shipment does not contain any prohibited articles 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 on the waybill, or accompanying document, without relieving You from liability.
5.5. You authorize us to subject Your Shipments to security controls, including the use of x-ray equipment, explosives detectors or other security screening methods; You also authorize us to open and examine Your shipment and the packages it contains in transit.
5.6. You certify that You have prepared the Shipment for Transportation, or for the performance of any Other Service by Us, in secure facilities, by employees of Your trust engaged by You; that the Shipment has been protected against unauthorized interference of any kind during its preparation, storage and Transportation immediately before We accept the Shipment for Transportation or for the performance of any 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 destination countries and with the authorities of the transit countries, for customs control and/or security purposes. In such case, You authorize Us to provide such information and data.
6. EXPORT CONTROLS
6.1. You warrant as solely responsible for the same, full and timely compliance with all applicable export control legislation, including but not limited to regulations and rules prohibiting unauthorized trade in military and strategic goods and services, as well as commercial or financial agreements with specific individuals and entities in countries to whose origin and/or destination Your Shipments may be transported, or regulations and rules imposing conditions under which certain technologies, information or products may be transported to, from or through any country to which Your Shipment may be transported.
6.2. You warrant that You will not deliver any shipment to Us if You or any party involved in the shipment is listed in any of the United Nations sanctions programs, or any other national or regional program that supplements or implements those listed, as well as any member listed in the 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 bear the cost of ascertaining and obtaining any necessary licenses and permits for the transportation of Your Shipment and for ensuring the suitability of the consignee to receive the Shipment under the laws of the country of origin, destination and any other country that may assume jurisdiction over the Shipment,
6.5. We are not responsible for Your acts or omissions in relation to export control legislation, sanctions, restrictive measures or embargoes.
7. RIGHT OF INSPECTION
You consent that We or any governmental authority, including customs and security, may open and inspect Your Shipment at any time.
8. CALCULATION OF TRANSIT TIME AND SHIPMENT ITINERARY
The delivery times indicated in Our publications do not reflect weekends, national holidays, customs delays, delays due to compliance with mandatory local security requirements, or any other eventuality beyond Our control. The determination of the itinerary and mode of transportation of your shipment is Our sole responsibility.
9. CUSTOMS CLEARANCE
9.1. You appoint Us as Your representative for the sole purpose of customs clearance and forwarding of Your Shipment. You also designate Us as the consignee of the goods to the extent necessary for Us to subcontract this task. Should any Customs Authority require additional documentation from Us for this purpose, it is Your responsibility to provide it to Us at Your expense and as soon as possible.
9.2. You warrant that all statements and information regarding export and import that You have provided to Us about the Shipment are correct and true. You acknowledge and agree that by making false or fraudulent statements about the Shipment or any of its contents, you expose yourself to civil liability and, if applicable, criminal prosecution, in which proceedings you may be subject to seizure and sale of the goods. We may, from time to time and at our discretion, assist You in completing the required customs documentation, provided that such assistance is provided under Your sole responsibility and at Your sole risk. You agree to hold Us harmless and, if applicable, indemnify Us from and against any claims that may be made against Us based on the information You have provided to Us. You shall bear and be responsible for the cost incurred by us in connection with the foregoing including any processing fees charged by us for providing the services referred to in this clause.
9.3. The shipper, consignor and actual consignee of the shipment shall be jointly and severally liable for the reimbursement of any duties, taxes (including VAT, if any), fines and penalties, warehouse charges or other expenses incurred by TRANSVOLANDO, S.L. for your failure to provide the appropriate documentation and/or to obtain the necessary license or permit. The same joint and several liability applies to the costs of processing the claim. You undertake to provide adequate and sufficient security for these items at our first request.
9.4. We assume no responsibility for the duration of customs clearance/import/export of the shipment, although we will endeavor to expedite procedures as far as 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 scope of application national.
10. INCORRECT ADDRESSES AND POST OFFICE BOXES
10.1. If we are unable to deliver a Shipment because the address on the contract of carriage is incorrect, we will contact you and make reasonable efforts to correct the problem and complete the delivery, invoicing you for any additional charges that may apply.
10.2. We do not accept shipments to post office boxes, except in a limited number of countries (the list is available at the TRANSVOLANDO, S.L. office that accepts the shipment) and conditioned to the provision of the consignee’s telephone number; in the event that we are not able to deliver to the post office box, you agree that we will send the shipment to the consignee by registered mail, considering the delivery to have been made upon presentation of the shipping receipt.
11. DELIVERY OF YOUR SHIPMENTS
11.1. In cases where we are unable to complete delivery of the Shipment at destination for any reason, we will attempt to leave a note at the consignee’s address indicating that delivery has been attempted. If delivery cannot be completed after a second attempt or if the consignee rejects the Shipment, we will attempt to contact You to agree on the most appropriate course of action. The costs of reshipment, return or destruction as well as Our costs and charges (if any) arising from the third and subsequent delivery attempts or any other agreed measures shall 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 we deem appropriate, without any obligation or liability to you.
Special delivery instructions
11.2. You or the recipient of a Shipment may give us special instructions (through the TRANSVOLANDO, S.L. website or by any other means), to deliver the Shipment to another location or to another person (for example to a neighbor and/or to a neighborhood address), or the recipient may indicate that he/she wishes to pick up the Shipment at a location approved by us. We are not obliged to comply with such instructions but, if we do, the following clauses shall apply:
11.2.1. It will be sufficient to prove delivery at destination if our delivery note states the person and/or address of actual delivery.
11.2.2. Compliance with Your special instructions will be carried out at Your risk and under Your sole responsibility.
11.2.3. You hereby indemnify and hold Us harmless from and against any and all claims, liabilities and costs (including reasonable attorneys’ fees and expenses) arising out of Your compliance with Your special instructions.
11.2.4. Compliance with Your special instructions will result in a surcharge which You agree to pay.
12. YOUR OBLIGATIONS
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 waybill, are properly labeled and the corresponding label(s) have been affixed securely by you in a prominent place on the outside surface of the Shipment, clearly visible to Us at all times;
12.2. The complete address of the consignee, including the postal code, has been stated in full, accurately and legibly on Our waybill and on an address label affixed securely by You in a prominent place on the outside surface of the shipment, clearly visible to 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 Transportation or the performance by Us of Other Services; including the processes associated with the mechanical handling of the contents (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 outside surface of each Package weighing over 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 articles, and neither You nor the consignee is a person or organization with whom We or You are legally or statutorily prohibited or restricted from trading;
12.7. You will provide us with the necessary dangerous goods declarations, correctly and accurately prepared 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 settle our invoice in full promptly, together with an administrative charge, within seven days of the issuance of the invoice;
12.9. All applicable laws and regulations have been complied with;
12.10. You have arranged at your own expense, risk and sole responsibility that all documentation relating to the Shipment complies with all requirements to which your Shipment is subject;
12.11. You have taken all reasonable precautions to comply with all conventions, directives and legislation relating to personal data protection including, where practicable, 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 release Us from liability and hold Us harmless from third party actions arising from Your failure to comply with the foregoing warranties, indemnifying Us for all damages, losses and expenses, including legal costs, incurred by Us to You or to any other person for such reason.
13. LIMITS OF OUR LIABILITY
Liability in transportation services
13.1. In accordance with the provisions of Clause 14 below, our liability in connection with the Carriage shall be determined in accordance with the relevant mandatory regulations in force from time to time. Thus:
13.1.1. If the carriage of your shipment is wholly or partly by air and involves a final destination or intermediate stop in a country other than the country of origin, the Warsaw Convention of 1929, or the Warsaw Convention as amended by the Hague Protocol of 1955 and/or the Montreal Protocol No. 4 of 1975, or the Montreal Convention of 1999, as may be imperatively applicable, shall apply. These international treaties govern and limit our liability for loss, damage or delay of your shipment to the amount of 19 Special Drawing Rights per kilo.
13.1.2. If carriage of Your Shipment is performed wholly or partly by road within, to or from a country party to the convention covering the contract for the international carriage of goods by road 1956 (“CMR”), our liability for loss of or damage to Your Shipment or affected part thereof shall be governed by the CMR and is limited to the amount of 8.33 Special Drawing Rights per kilogram. In the event of delay where you can prove to us that you have suffered a loss as a result, our liability is limited to reimbursement of the amount you have paid to us as payment for carriage in respect of that shipment or that part thereof which has been delayed.
13.1.3. If carriage of Your Shipment is carried wholly or partly by road within a country which is not a party to the CMR, or between two countries neither of which is a party to the CMR, our liability for loss of or damage to Your Shipment or affected part thereof shall be deemed 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 where You can prove to Us that You have suffered a loss as a result, Our liability is limited to reimbursement of the amount You have paid Us as payment for carriage in respect of that Shipment or that part thereof which has been delayed.
13.1.4. Pursuant to the provisions of Clause 14 below, our liability in the context of Domestic Transport shall be determined in accordance with the applicable mandatory regulations in force at any given time. For example, on the date of publication of these conditions, if the domestic carriage of your Shipment is carried out wholly or partly by road, the Land Transport Contract Act and other relevant legislation shall apply.
13.2. Subject to the provisions of clause 14 below, if We have a liability in respect of Other Services for any other reason, Our liability to You is in any event limited to EUR 10,000 per occurrence or series of occurrences with one and the same cause of damage, or in case of loss of or damage to a Shipment, to the lower of the market value or the cost of repair of the Shipment or the affected part subject in both cases to a maximum limit not exceeding EUR 3.40 per kilo with a maximum limit of EUR 10,000 per occurrence or series of connected occurrences.
14. EXCLUSIONS OF LIABILITY
14.1. We shall not be liable for loss of income, loss of profits, loss of market, loss of reputation, loss of customers, loss of use, loss of business opportunities even if we have knowledge that such damages or losses may arise from any indirect, incidental (loss of profits) or consequential loss of any kind including without limitation from breach of contract, negligence, wilful misconduct or omission.
14.2. We will not be liable for any failure to fulfill our obligations to you.
as a result of:
14.2.1. Causes beyond our control such as (but not limited to):
– Acts of God, e.g. earthquakes, cyclones, storms, floods, fire, plagues, fog, ice, etc.
– Force majeure, such as war, accidents, acts of terrorism, strikes, embargoes, atmospheric phenomena, local disputes or civil disturbances;
– National or local disturbances in air or land transport networks and mechanical problems in 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 a right or interest in the Shipment) of the obligations under these terms and conditions, in particular the warranties set out in clause 12;
– Acts or omissions of customs, security, airline, airport or government officials or employees.
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.
15. PRODUCTS WITH GUARANTEED DELIVERY TIME
With respect to products with a guaranteed delivery time, if We do not deliver Your Shipment within the agreed time, 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 item 19, We will charge You for the delivery service We actually provided (e.g. before noon) instead of charging the price quoted for the service You requested from Us (e.g. before 9:00).
16. VALUABLES
Valuables such as precious stones, precious metals, jewelry, money, negotiable instruments, unprotected furniture, glass or ceramics, art objects, antiques, and important documents, e.g., passports, stock and stock option offers and certificates, 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 you nevertheless entrust us with the transport of this type of goods and we accept your order, we will carry it out under your responsibility and at your sole risk.
17. INSURANCE
17.1. You may purchase insurance for the full value of the contents of the shipment (non-document shipment) by completing the appropriate box on the waybill and paying the applicable fee for coverage against all risks of loss and damage in transit up to 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. Insurance is not available for precious stones, precious metals, laptops, plasma or LCD screens, jewelry, money, glassware, porcelain, art objects, antiques, documents or films, recordings, discs, memory cards or any other data or image transport device. If you are shipping the above mentioned 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 (e.g. paper) plus a reasonable labor cost) of your documents by filling in the appropriate box on the waybill and paying the applicable fee to cover all risks of loss and damage during transport up to 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, S.L. accepts your shipment for transport.
17.3. The above insurance options (17.1 and 17.2) (i) do not cover consequential damages (see 13.1) or delays in delivery or where the loss has resulted from a breach of its obligations in respect of these general conditions and (ii) are not available for a limited number of countries. For a list of these countries and/or more information about insurance conditions and coverage, please contact our Customer Service department or consult the local website of the country where TRANSVOLANDO, S.L. accepts your shipment for transport.
18. COMPLAINTS PROCEDURE
If You wish to make a claim for a lost, damaged, delayed, or otherwise damaged Shipment, You must comply with applicable conventions and legislation and the following procedures or We reserve the right to reject Your claim:
18.1. You must notify us of the loss, damage or delay within 21 days of the loss, damage or delay. (i) after receipt of the Shipment, (ii) from the date on which the shipment should have been delivered, or (iii) from the date of reasonable knowledge of the loss, damage or delay in the case of a claim relating to Other Services, except in the case of domestic carriage, 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 obligated to act on claims until the transportation fee has been paid and you are not entitled to deduct the amount of your claim from the transportation fee;
18.4. We will assume that the shipment was delivered in good condition, unless the recipient noted the damage on Our delivery record when accepting 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. Except as otherwise provided in any applicable provision and/or law, your right to claim damages shall be extinguished provided that no action is brought in court within one year of receipt of the shipment or from the date the shipment should have been received or from the date transportation was completed or if the claim refers to other services within one year from the date you should reasonably have been aware of the loss, damage or delay;
18.6. In the event of acceptance by Us 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 shall have waived any right, compensation or remedy to which it may be entitled by subrogation or otherwise;
18.7. The 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 in writing with you on a shorter term.
19. FEES AND PAYMENTS
19.1. You agree to pay us the price of carriage (including supplements) between the points specified in this consignment note, as well as any Value Added Tax on the carriage, within 7 days from the date of the invoice issued to you without withholding, deduction, counterclaim or set-off.
19.2. You waive Your right to dispute invoices if You do not object in writing within 7 days after the billing date.
19.3. The price of transportation will be calculated in accordance with Our rates in force, applying the one corresponding to Your Shipment or, if applicable, in accordance with the rates that have been agreed with You, on a particular basis. Our current rate list is available upon request at any of our offices in the country where the shipment is invoiced.
19.4. We charge based on the actual weight of the shipment or its volumetric weight, whichever is greater; the volumetric weight is calculated according to the volumetric conversion equation in our rate schedule. 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 volume and/or number of items that we determine may be used for our calculations.
19.5. All import duties, VAT on the goods and all other charges incurred in connection with the Shipment shall be payable upon delivery. If the recipient refuses to pay, you agree to pay this amount in full within 7 days after we notify you that the recipient 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 prime rate of the European Central Bank until full and final payment of the relevant invoice. You agree to pay reasonable and appropriate costs for the collection of unpaid invoices within seven days of the invoice date.
19.7. The rates for door-to-door delivery shown in our current rate schedule include a provision for simple customs clearance formalities; We reserve the right to charge an additional administrative fee when, in order to enable us to deliver Your Shipment to the consignee, customs clearance requires excessive and time-consuming labor. Therefore, additional charges may apply in some countries with complex customs clearance processes; such charges include, but are not limited to, shipments that require:
19.7.1. Formal customs declarations in relation to more than three different goods;
19.7.2. customs bonds, or the need to deliver goods under a customs bond;
19.7.3. temporary imports;
19.7.4. dispatches involving any government department other than the customs authority.
In several countries we may prepay duties, taxes, fines or other obligations on behalf of the importer; when this additional service is performed, a local administration fee will be charged to the consignee, and you will be responsible for payment if the final consignee refuses payment.
In the event that you have given us different payment instructions or have agreed with the recipient of the Shipment or a third party that they will pay our rates and/or any duties, taxes, obligations, fines, levies, charges, expenses, and surcharges that we would have been obliged to pay in connection with the Shipment, if the consignee or such third party refuses to pay us our fees for the Carriage or reimburse us for any of the amounts referred to above, you agree to pay us such amounts within seven days from the date on which we notify you of the refusal to pay. 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 method of invoice presentation is electronic invoicing. We reserve the right to charge an administrative supplement to provide this service if you request, or are required, to use paper invoicing.
19.10. Our invoices must be paid in the currency stated on the invoice or, in some cases, in the local currency calculated on the basis of the exchange rates provided by us.
19.11. We shall have a general lien on all of your shipments which are at any time in our possession, with the right to sell their contents and to retain the price we have obtained to meet any amount you may owe us for shipments previously delivered.
19.12. You will be responsible for payment of all duties, taxes and charges including stamp duties and charges applicable on the Transportation and Other Services as well as on all necessary customs documentation including the transport waybill.
20. ITS INDEMNITY WITH RESPECT TO ITS EMPLOYEES
You agree to indemnify and hold us harmless from any cost, claim, liability or action arising directly or indirectly from the termination, selective rehiring or transfer of:
20.1. Our employees assigned or engaged in the services we offer you; or
20.2. any employee or former employee of yours; or
20.3. any supplier or former supplier of yours; or
20.4. any third party that may arise out of the business relationship between you and us, including, but not limited to, any liability arising under the European Community Acquired Rights Directive (77/187/EEC, as amended by Directive 2001/23/EC) or under national legislation implementing that directive, or under other applicable employment legislation.
21. DATA PROTECTION
21.1. The Customer shall be responsible for providing TRANSVOLANDO with complete and updated data regarding the names and addresses of its customers, to whom and from whom the Shipments are to be transported.
21.2. The Customer acknowledges that, on the basis of these Conditions, customer information (if applicable) is provided to TRANSVOLANDO by the Customer, part of which relates to information of an identifiable person. The Customer acknowledges that TRANSVOLANDO has its own responsibility for the processing and, therefore, together with the Customer, shall be considered as a data controller (or joint data controller).
21.3. TRANSVOLANDO may be required to share information, including personal data in connection with the shipment, with the authorities of the country of origin and destination of the shipment or the authorities of the country of transit for customs and/or security purposes.
22. LAW AND JURISDICTION
22.1. In the event that these terms or conditions are declared invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this contract of carriage, these general conditions and the other documents, including the consignment note, which shall remain in force.
22.2. Except as provided by any applicable convention, disputes arising out of or in connection with these general conditions shall be subject to the laws and courts of the country in which the subsidiary, affiliate or branch of TRANSVOLANDO, S.L. that has accepted the shipment is located.
22.3. In the event of any dispute arising from the interpretation and execution of these general contracting conditions, both parties shall submit to the Madrid Arbitration Board. If the aforementioned Arbitration Board declares that it has no jurisdiction to hear the matter, the parties shall submit to the Courts and Tribunals of Madrid.
Special conditions for online contracting
1. INFORMATION PRIOR TO THE CONTRACTUAL PROCESS
1.1. This web page https://transvolando.com is property of TRANSVOLANDO, SL with Tax Identification Code B87450003 and fiscal address at C/ Esteban Carros, 61 – 28053 Madrid, acting commercially under the trademark TRANSVOLANDO, S.L.
1.2. The particular conditions of online contracting regulate the distance selling relationship between TRANSVOLANDO, S.L. and the user or customer, 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 revised 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, 1999, on the Protection of Personal Data, Law 7/1996, of January 15, 1996, on the Regulation of Retail Trade, and Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce. These particular conditions shall prevail over the TERMS AND CONDITIONS OF CARRIAGE in force from time to time in all those aspects that are specific to the aforementioned regulations.
1.3. TRANSVOLANDO, S.L. reserves the right to make the modifications it deems appropriate, without prior notice, to these Particular Conditions. Such modifications may be made, through its websites, by any means admissible by law and shall be binding during the time they are published on the website and until they are not validly modified by subsequent ones.
1.4. The purpose of the website is to provide the services described in the TERMS AND CONDITIONS OF CARRIAGE.
1.5. All the contents of the website are in Spanish.
1.6. The duration of the contract shall be linked to the completion of the contracted service.
1.7. As a user, the customer expressly declares to know, understand and accept the conditions of use and these general conditions of contract. Likewise, he/she declares to be of legal age and to have the necessary legal capacity to access TRANSVOLANDO, S.L. websites and to contract through them.
2. CHARACTERISTICS, OFFER AND VALIDITY OF THE SERVICES
2.1. The services offered on our website are detailed in the TERMS AND CONDITIONS OF CARRIAGE LONG VERSION (08-2019).
2.2. During the order process, you will be informed of the characteristics and options available for the shipment of the goods.
2.3. In the case of a service on offer, the offer price and the validity of the offer shall always be indicated together with its essential characteristics.
2.4. In compliance with current regulations TRANSVOLANDO, S.L. offers information about all its services, their characteristics and prices. However, TRANSVOLANDO, S.L. reserves the right to withdraw, replace or change the services offered through its web page, by simply changing the content of the same. Thus, the services offered at all times by the website shall be governed by the General Terms and Conditions in force in each case. Likewise, the company shall have the right to stop offering, without prior notice and at any time, access to the aforementioned services.
3. TRANSVOLANDO'S LIABILITY REGIME.
As stated in the TERMS AND CONDITIONS OF TRANSPORTATION LONG VERSION (08-2019) the responsibility of TRANSVOLANDO, S.L. is legally regulated with imperative character in the current legislation on transport.
4. RATES
4.1. All services indicate the selling price in Euros and include Value Added Tax (VAT).
4.2. If any other tax is applicable, this will be indicated during the application process. We also recommend that before formalizing any request, you visit our Help section to consult the possible requirements for the shipment.
5. PAYMENT METHODS
The customer may pay for the service in any of the following ways. During the purchase process you will have to indicate your choice:
5.1. Credit card VISA or MASTERCARD
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 SSL (Secure Sockets Layer) security technology. All the information you transmit to us travels encrypted through the network.
5.1.2. Likewise, your credit card information is entered directly in the bank’s web page, in the POS (Point of Sale Terminal of the Bank) and is not entered or registered in any TRANSVOLANDO, S.L. server.
5.1.3. When paying by VISA or MASTERCARD, you will always be asked for the following information: 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, thus offering more guarantees about the security of the transaction.
5.1.4. This payment method is valid only on the web.
5.2. When the amount of a purchase has been charged fraudulently or unduly using the number of a payment card, its holder shall contact the supplier of its Visa or Mastercard, being TRANSVOLANDO, S.L. exempt from any responsibility for such charges.
5.3. However, if the purchase had been effectively made by the card holder and the demand for refund was not a consequence of having exercised the right of withdrawal or resolution and, therefore, had unduly demanded the cancellation of the corresponding charge, the card holder shall be obliged to TRANSVOLANDO, S.L. to compensate the damages caused as a result of such cancellation.
6. EXECUTION OF THE ORDER
6.1. To purchase our services, you can go to the section Send now
6.2. It is a prerequisite 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 TRANSVOLANDO, S.L. customer.
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, in compliance with Law 15/1999 on the protection of personal data.
In accordance with the Organic Law 15/1999, the participants are informed and give their consent to the incorporation of their data to the files, automated or not, existing in TRANSVOLANDO, S.L. duly declared before the Spanish Data Protection Agency (AEPD), and to the automated treatment. TRANSVOLANDO, S.L. has access to as a consequence of the consultation, request or contracting of any service, as well as the data obtained through the recording of the security cameras located in the offices, and in the telephone conversations, for the performance of all necessary actions for the provision of the contracted services according to these general conditions and the management purposes of TRANSVOLANDO, S.L. as well as to the transfer of the same to subsidiaries of TRANSVOLANDO, S.L. as well as to collaborating companies, with the purpose of carrying out the contracted service.
In addition to the above, and as provided in the aforementioned Organic Law, you will have the right, at all times, to access, rectify, cancel and oppose the personal data contained in our files. Any such requests must be made in writing by sending a letter by mail to the following address: TRANSVOLANDO, S.L. C/ Esteban Carros, 61- 28053 Madrid. Attention Internal Control Department or through the e-mail administracion@transvolando.com
Unless you inform us otherwise, we will assume that your data has not been modified, that you agree to notify us of any change and that we have your consent to process your data in order to process your invoicing.
6.4. If you are already a TRANSVOLANDO, S.L. customer, you will be able to place your order request by logging in, identifying yourself with the user name and password provided. This data will not be made public. You are responsible for treating confidentially and responsibly the identity and password obtained in the registration as a customer, not being able to transfer them to another. You can modify the registered information at any time, in your customer 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/she considers it is not necessary to view.
6.5. Once the application process has been completed, the customer will receive a confirmation of the application by e-mail. It is imperative that during the order request process the user indicates a valid e-mail address. If in 24 hours from the end of the service you do not receive the confirmation, please contact TRANSVOLANDO, S.L. at the customer service telephone number 674 34 69 12 or by e-mail info@transvolando.es.
6.6. Prior to the provision of the service, the customer will receive an e-mail with the confirmation of the requested service.
6.7. The transport costs arising from the execution of the order will be detailed during the order process and in the corresponding invoice. For further information, please refer to Section 19 of the TERMS AND CONDITIONS OF CARRIAGE LONG VERSION (08-2019), corresponding to Rates and Payments.
Once the service has been rendered, the client will receive the corresponding electronic invoice. Pursuant to Article 63 of Law 3/2014 of March 27, 2014, General Law for the Defense of Consumers and Users, acceptance of these particular contracting conditions also implies acceptance to receive the electronic invoice. In any case, you may revoke your consent to receive the electronic invoice at any time by sending an e-mail to the following e-mail address administracion@transvolando.comand requesting free of charge the invoice in paper format, being null and void what is indicated in paragraph 19.8 of the TERMS AND CONDITIONS OF CARRIAGE LONG VERSION (08-2019), for these particular conditions of online contracting.
6.8. For the shipment of any goods you must take into account sections; 5, 6, 8, 7, 9, 10, 11, 11, 12, 13, 14, 15, 16, and 17 of the TERMS AND CONDITIONS OF CARRIAGE LONG VERSION (08-2019).
7. CALCULATION OF TRANSIT TIME AND SHIPMENT ITINERARY
The delivery times indicated in Our publications do not reflect weekends, national holidays, customs delays, delays due to compliance with mandatory local security requirements, or any other eventuality beyond Our control. The route and method chosen to transport your shipment will be at our sole discretion.
8. RIGHT OF WITHDRAWAL, REIMBURSEMENT OF PAYMENT
8.1. The customer may withdraw from the contract until TRANSVOLANDO collects the goods at origin.
8.2. The cancellation must be made by telephone at 674 34 69 12, and must be confirmed by filling out the corresponding cancellation form.
8.3. If the cancellation is validly exercised in accordance with the above, TRANSVOLANDO, S.L. will not collect the goods at origin, but will charge the customer for the shipping and cancellation management costs that have been generated.
8.4. If, after that, the customer is entitled to a partial refund, the same shall be subject to a period of 14 calendar days from the date of the valid exercise in due time and form of the right of withdrawal.
8.5. The customer will not be able to cancel the contract after delivering the shipment to TRANSVOLANDO, S.L. However, in such case, TRANSVOLANDO, S.L. 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 to the return to origin and management of the extemporaneous cancellation.
9. CLAIM
9.1. If the customer wishes to file a complaint, he/she should send an e-mail to the following e-mail address info@transvolando.es.
9.2. Before formalizing the claim, you should refer to paragraphs 18 and 19 of the TERMS AND CONDITIONS OF CARRIAGE LONG VERSION (08-2019).
10. JURISDICTION
Waiving any other jurisdiction that may correspond to them by law, you and TRANSVOLANDO, S.L. agree to submit the differences that may arise regarding the interpretation and fulfillment of these particular conditions of online contracting to the Transport Arbitration Board of Madrid. If the aforementioned Arbitration Board declares that it does not have jurisdiction to hear the matter, the parties expressly submit (after waiving any other jurisdiction that may correspond in Law) to the Courts and Tribunals of the city of Madrid.
