GENERAL CONDITIONS
CONTRACT LAND FREIGHT TRANSPORTATION CONTRACT – TERMS AND CONDITIONS TRANSPORTATION
TRANSPORTATION CONTRACT
CLAUSES
1. Object of the Contract
The carrier undertakes to transport the goods using authorized vehicles (No. 11576282/MDPE) or subcontracting other carriers under its authorization (No. 12393336/OT).
2. Packaging and Documentation of the Merchandise
The shipper, i.e., the customer contracting with Transvolando, is responsible for packaging, packing, and labeling the goods. Damages caused to the cargo as a result of insufficient or inadequate packaging for the type of goods to be transported or similar causes shall in any case be borne by the SHIPPER.
If, during transportation, damages to the goods are noted, both at origin and destination, this type of damage must be indicated on the delivery note; this is an essential requirement to address any claims, as well as to report to the insurance and carry out all necessary procedures.
Pallets must be properly packaged and identified, detailing sender, recipient, and the number of pallets in the shipment.
The shipper shall provide all necessary documentation for the transportation.
The shipper, in this case the client, shall carry out loading/unloading operations in the quickest and most efficient manner.
The carrier, in this case TRANSVOLANDO, S.L., may demand compensation for downtime if the wait exceeds one hour, according to art. 22.3 of Law 15/2009, unless a standard or premium package with longer loading and unloading times has been contracted, or there is any other special agreement, in writing, in this regard.
3. Commitments of the Parties Regarding Delivery
The shipper shall deliver the goods as indicated in the loading order, consignment note, or delivery note.
The carrier shall deliver the goods at the destination according to the aforementioned documents.
4. Loading and Unloading Operations
The shipper shall carry out loading/unloading operations in the quickest and most efficient manner.
The carrier may demand compensation for downtime if the wait exceeds one hour, according to art. 22.3 of Law 15/2009, unless a standard or premium package with longer loading and unloading times has been contracted, or there is any other special agreement, in writing, in this regard.
The carrier enjoys autonomy in its business activity, subject to the conditions of the contract.
6. Cargo Insurance
Both parties undertake to have cargo insurance during the contract period, with the cargo insured in accordance with the terms established by the LOTT.
7. Price and Payment Conditions
The shipper shall pay the carrier the agreed price according to this document and the established conditions, before the transportation begins, except for recurrent customers with credit assigned by our insurer, which will be in accordance with the agreed special payment term, which shall be at most 60 days from the availability of the goods at the destination.
The parties agree that, in case of an incident in a specific service, the carrier’s maximum liability to the shipper shall be 10% of the agreed price for said service.
The price may be adjusted for fuel price variations in accordance with current regulations.
8. Liability and Force Majeure
Liability is governed by Law 15/2009, the LOTT, and the general conditions of contracting.
Delays due to force majeure, including: traffic accidents, tire punctures or blowouts, impediments to free circulation (such as demonstrations, road closures, adverse weather conditions, etc.), which must be communicated to the shipper as soon as possible, shall expressly exempt the carrier from liability for such delays.
9. Communications
All communications shall be sent by a reliable means that provides evidence of such communication.
10. Contract Cancellation, Cancellation Indemnities
Normal Transports:
- If the trip is canceled with less than 24 hours’ notice, 50% of the trip price will be charged, with a minimum cancellation fee of 400€.
- Exception: For trips originating in Andalusia and Extremadura, cancellation must be made with less than 48 hours’ notice.
Transports with Generic Permits:
- If the trip is canceled with less than 48 hours’ notice, 50% of the trip price will be charged, with a minimum cancellation fee of 500€ per trip.
- This applies to platforms or trailers of 6 meters.
Transports with Special Permits:
- If the trip is canceled with less than 48 hours’ notice, 50% of the trip price will be charged, with a minimum cancellation fee of 500€ per vehicle.
- In addition, there will be an increase of €210 per permit and expenses for a pilot car if necessary (minimum cost of the permit €210).
Extra-Measure Platforms (such as tube carriers):
- 50% of the trip price will be charged, with a minimum cancellation fee of 600€.
- The maximum will be the travel costs incurred by the vehicle until loading and return to the base at €1.50/km plus pilot car expenses (minimum cost of €210).
In addition, if cancellations occur after 3:00 PM on the business day immediately preceding the trip, the cancellation cost will be 100% of the trip amount, with the minimum amounts and costs mentioned above.
All this unless agreed in writing with the Transvolando agent.
11. Application of Regulations
In the absence of specific provisions, the general conditions of contracting for road freight transportation published by the competent Ministry and the Land Freight Transportation Contract Law shall apply.
12. Termination of the Contract
The contract may be terminated by mutual agreement or due to justified non-compliance by any of the parties.
13. Confidentiality and Data Protection
All confidential information shall be treated as such and shall only be used for the proper implementation of this contract.
Personal data shall be used and protected in accordance with the GDPR by both parties.
14. Jurisdiction
In case of disputes arising from this contract, the Parties shall submit to the jurisdiction of the Arbitration Boards of Madrid.
DATA PROTECTION ANNEX
By means of this and in accordance with the General Data Protection Regulation regarding the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), we provide you with the following detailed information on the processing of personal data:
Data Controller
Your data will become part of a file owned by Transvolando, S.L., with VAT/ID number: B87450003 and registered address at: C/ Empleo, 28 – Nave 10, 28906 – Getafe (Madrid).
Purpose of Processing
To develop and fulfill the obligations stipulated in the contract, or legal-commercial relationship, that links you with Transvolando, S.L.
Data Retention
Your data will be retained for a minimum period of five years.
Legitimacy
The legitimacy for collecting your data is based on the signed contract or your legal-commercial relationship with Transvolando, S.L.
Recipients
Your data will not be transferred for purposes other than those described above, except for legal obligation, although they may be transmitted to service providers linked by processing contract with Transvolando, S.L.
Rights
You may exercise your rights of access, rectification, cancellation, limitation, portability, and opposition to the processing of your data under certain circumstances, in which case they will only be retained for compliance with legally established obligations.
To exercise the aforementioned rights, you must contact Transvolando, S.L., with VAT/ID number: B87450003 and registered address at: C/ Empleo, 28 – Nave 10, 28906 – Getafe (Madrid).
Likewise, we inform you that the Spanish Data Protection Agency is the competent authority for safeguarding these rights.
To keep the data updated, the customer must report any changes that occur.
Confidentiality Commitment
Likewise, in accordance with article 32 of the GDPR, regarding the duty of professional secrecy, Transvolando, S.L. undertakes to maintain the confidentiality of personal data, this obligation remaining after the termination, for any reason, of the relationship between you and Transvolando, S.L.
GENERAL TERMS AND CONDITIONS OF TRANSPORT
1. ABBREVIATIONS AND DEFINITIONS
The transportation contract shall be governed by the terms and conditions set forth in this document, and the following abbreviations and definitions shall apply to all its contents:
Shipment’: Represents the goods that the shipper simultaneously delivers to the carrier for transportation and delivery to a single recipient, from a single place of loading to a single destination.
‘Transportation’: Encompasses both the actual transportation and related operations and activities.
“Prohibited Items”: Refers to the merchandise or material whose transportation is prohibited by law, rule or regulation in the countries through which the transportation will take place.
‘Package’: Each separate unit of cargo material that is part of the goods subject to transportation, regardless of its volume, dimensions, and content
‘Other Services’: Includes additional services provided by the transport operator, such as storage, sorting, assembly, packaging, installation, and value-added services.
‘We’, ‘Our’, or simply ‘Us’: Refers to Transvolando, S.L., including group companies and their employees, agents, correspondents, and dependents.
‘You’ or ‘Your(s)’: Refers to the shipper, consignor, or consignee of the goods, as applicable.
2. THE PARTY WITH WHOM YOU FORMALIZE THE CONTRACT
The transportation contract is formalized with Transvolando, S.L. or with its subsidiary or affiliate that accepts your shipment. Additionally, please note that we may subcontract part or all of the transportation according to the terms and conditions we deem appropriate.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By delivering your shipment, you accept the Terms and Conditions set forth in the Transportation Contract on your behalf and on behalf of interested third parties. You acknowledge that such terms may be invoked by TRANSVOLANDO, S.L. or any subcontractor. No employee, agent, or correspondent has the authority to modify these terms. Conflicting verbal or written instructions are contractually invalid.
4. SCOPE OF THE CONTRACT
These terms and conditions govern the Transportation of Your Shipment, regardless of the nature of the contract.
By entering into any goods transportation contract with Us, you agree that:
- The contract is for road transport if transportation is carried out by this means.
- The contract is for air transport if transportation is carried out by air.
- The contract is for sea transport if transportation is carried out by sea.
- The contract is for Other Services if it is related to services other than transportation.
5. SECURITY AND DANGEROUS GOODS
5.1. Except in circumstances specified in paragraphs 5.2 and 5.3, we neither transport nor provide any other service related to goods that we consider (at Our sole discretion) or are classifiable as dangerous according to the technical instructions of the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) regulations on dangerous goods, the International Maritime Dangerous Goods Code (IMDG), the regulations of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), or other applicable regulations.
5.2. Only if you are approved as a customer (which requires contacting our nearest branch), we may eventually discreetly evaluate the acceptance of dangerous goods for transportation or as part of Other Services. In any case, your Shipment will be subject to an additional charge and must comply with the corresponding regulations (see clause 5.1) and our own requirements. Our nearest branch will provide you with all necessary additional information.
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. By completing Our consignment note or by handing over your shipment to Us, you implicitly guarantee and under your responsibility that the Shipment does not contain any prohibited items as specified in annex 17 of the ICAO or other national or international regulations. In addition, you must provide a detailed description of the contents of the Shipment in the consignment note or accompanying document, without exempting you from liability.
5.5. You authorize us to subject your Shipments to security checks, such as the use of X-ray equipment, explosives detectors, or other security methods. Likewise, you authorize us to open and inspect your shipment and packages in transit.
5.6. We may be required to provide or share information, including personal data from Your Shipments, both with the authorities of the destination countries and with the authorities of the transit countries, for customs control and/or security reasons.
5.7. We do not accept Shipments containing Prohibited Items.
5.8. We may be required to provide or share information, including personal data from Your Shipments, both with the authorities of destination countries and with the authorities of transit countries, for customs control and/or security reasons. In this case, you authorize Us to provide such information and data.
6. EXPORT CONTROLS CONSENT
6.1. You, as the sole responsible party, guarantee full and timely compliance with all applicable export control legislation. This includes, among others, regulations prohibiting unauthorized trade in military and strategic goods and services, as well as trade or financial agreements with specific individuals and entities in countries of origin and/or destination of Your Shipments. It also includes regulations imposing conditions for the transportation of certain technologies, information, or products through any country to which your Shipment may be taken.
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 must 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 relation to export control legislation, sanctions, restrictive measures or embargoes.
7. INSPECTION RIGHTS CONSENT
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 TIMES AND ITINERARIES OF SHIPMENTS
The delivery times specified in Our publications do not include weekends, holidays, delays caused by customs, delays due to compliance with mandatory local security requirements, or other circumstances 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 solely for customs clearance and dispatch procedures for Your Shipment. Likewise, You appoint Us as consignees of the goods to the extent necessary for Us to subcontract this task. If any Customs Authority requires Us to provide additional documentation for these purposes, it is your responsibility to provide it at your expense and as quickly as possible.
9.2. You ensure that all statements and information related to export and import provided by You about the Shipment are accurate and true. You acknowledge and agree that by making false or fraudulent statements about the Shipment or any of its contents, you are liable to civil claims and, if applicable, criminal charges, with the possibility of confiscation and sale of the goods. Occasionally and at our discretion, we may assist you in filling out the required customs documentation, but this collaboration is provided under your absolute responsibility and sole risk. You agree to release Us from all liability and, if necessary, indemnify Us for any claims made against Us due to the information provided by You. You will assume and be responsible for the costs we incur in relation to the above, including the processing fees we charge you for the services mentioned in this clause.
9.3. The shipper, consignor, and actual consignee of the shipment shall be jointly responsible for the reimbursement of duties, taxes (including VAT, if applicable), fines, penalties, storage charges, or other expenses incurred by TRANSVOLANDO, S.L. due to the lack of proper documentation provided by You and/or the lack of necessary license or permit. The same joint responsibility applies to the processing fees of the claim. You undertake to provide adequate and sufficient guarantee to respond for these concepts 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 authorize Us to exercise all the powers contained in Annex I of the Resolution of March 5, 2015 (BOE No. 65 of March 17, 2015), as indirect representatives for a single customs declaration, with national scope.
10. INCORRECT ADDRESSES AND POST OFFICE BOXES
10.1. In the event that we are unable to deliver a Shipment due to an incorrect address provided in the transportation contract, we will contact You and take reasonable steps to correct the situation and complete the delivery, charging any additional fees that may be necessary.
10.2. We do not accept shipments addressed to post office boxes, except in certain specific countries (the list is available at the branch of TRANSVOLANDO, S.L. that accepts the shipment) and subject to the condition that the recipient’s telephone number is provided to us. In the event that we are unable to deliver the shipment to the post office box, you agree that we may send it to the addressee by registered mail, considering delivery completed upon presentation of the proof of mailing.
11. DELIVERY OF YOUR SHIPMENTS
11.1. In situations where the delivery of the Shipment to its destination is not feasible for any reason, we will attempt to leave a notification at the recipient’s address indicating that delivery has been attempted. If after a second delivery attempt the delivery cannot be completed, or if the recipient refuses the Shipment, we will try to contact You to agree on the best course of action. The costs of forwarding, return, or disposal, as well as our expenses and charges (if any) generated by the third and subsequent delivery attempts, or any other agreed-upon measure, will be your responsibility. In the event that no instructions are received within a reasonable time after the second delivery attempt, you authorize the disposal or sale of the Shipment, as we deem appropriate and without implying any obligation or liability on our part towards You.
Special Delivery Instructions:
11.2. You or the recipient of a shipment may provide us with special instructions (via the TRANSVOLANDO, S.L. website or other means) to deliver the shipment to another location or to another person (for example, to a neighbor and/or to a nearby address), or to indicate that the recipient wishes to pick up the shipment at a location approved by us. We are not obligated to comply with such instructions, but if we do, the following provisions shall apply:
11.2.1. Effective delivery shall be deemed accredited if our delivery note specifies the person and/or 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. Accordingly, you shall indemnify us and hold us harmless from any claims, liability, and costs (including reasonable attorney fees and expenses) arising from the compliance with your special instructions.
11.2.4. Compliance with your special instructions will incur an additional charge which you agree to pay.
12. YOUR OBLIGATIONS
You represent and warrant the following:
12.1. The shipment details (including, for example, weight and quantity of packages) are correctly specified in our bill of lading, properly labeled, and the respective labels have been securely affixed by you in a visible location on the external surface of the shipment, clearly legible to us at all times;
12.2. The complete recipient address, including the postal code, has been accurately provided and legibly on our bill of lading as well as on an address label firmly attached by you to a visible location on the external 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 securely affixed a ‘HEAVY WEIGHT’ label in a visible location on the external surface of each package exceeding 30 kg, clearly legible to us at all times;
12.6. The contents of the shipment are not subject to restrictions under IATA, ICAO, IMDG, or ADR, nor do they contain prohibited items, and both you and the consignee are not legally or regulatory prohibited or restricted from engaging in commercial transactions with us;
12.7. You will provide us with the necessary declarations regarding hazardous goods, accurately and in compliance with all applicable laws, rules, and regulations;
12.8. In the event that you have requested us to bill the recipient or a third party, and if the recipient or the third party fails to make payment, you will settle our invoice in full in a timely manner, along with an administrative fee, within seven days of the invoice issuance;
12.9. You declare that 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, if feasible, encryption of personal data to ensure data security in the event of loss or misdelivery of a shipment;
12.12. The value of the shipment will not exceed 25,000 euros without your prior written notice to us;
12.13. You waive liability and hold us harmless against third-party actions arising from your degree of compliance with the above warranties, compensating us for damages, losses, and expenses, including legal costs, incurred by us regarding you or any other person for such reason.
13. LIMITS OF OUR LIABILITY
13.1. In accordance with the stipulation below in clause 14, our liability under the Transportation shall be determined in accordance with the mandatory regulations in force at any time. Thus:
13.1.1. If the transportation of your shipment is carried out wholly or partly by air and includes a final destination or an 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 Montreal Protocol No. 4 of 1975, or the Montreal Convention of 1999, as the case may be, shall apply mandatorily. These international treaties regulate and limit our liability for loss, damage, or delay to your shipment to the sum of 19 Special Drawing Rights per kilogram.
13.1.2. If the transportation of your shipment is carried out wholly or partly by road within, to, or from a country that is a party to the Convention on the Contract for the International Carriage of Goods by Road (CMR) of 1956, our liability for loss or damage to your shipment or affected part thereof shall be governed by the CMR and 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 to us as payment for carriage in respect of that shipment or that part thereof which has been delayed.
13.1.3. If the transportation of your shipment is carried out wholly or partly by road within a country that is not a party to the CMR, or between two countries neither of which is a party to the CMR, our liability for loss or damage to your shipment or affected part thereof shall be deemed to be governed by the CMR and 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. In accordance with clause 14 set forth below, our liability in the scope of Domestic Transportation shall be governed by the mandatory regulations in force at any time. For example, as of the date of publication of these conditions, if the domestic transportation of your shipment is carried out wholly or partly by road, the Law of Land Transport Contracts and other relevant legislation shall apply.
13.2. Subject to the provisions in the following clause 14, if we have liability in relation to Other Services for any reason, Our liability to you shall in any event be limited to 10,000 euros per event or series of events arising out of the same cause of damage, or in case of loss or damage to a shipment, to the lower of market value or repair cost of the shipment or affected part, applying in both cases a maximum limit not exceeding 3.40 euros per kilogram with a maximum of 10,000 euros per event or series of related events.
14. EXCLUSIONS OF LIABILITY
14.1. We shall not be liable for loss of revenue, loss of profit, depreciation in market value, damage to reputation, loss of clientele, loss of use, or missed business opportunities, even if we are aware that such damages or losses may result, whether by indirect, consequential (such as loss of profit), or any other type of derivative loss, including, among others, breach of contract, negligence, intentional acts, or omissions.
14.2. We shall 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):
Causes beyond our control, such as (but not limited to): Acts of God, such as earthquakes, cyclones, storms, floods, fires, plagues, fog, ice, etc.; Force majeure, such as wars, accidents, acts of terrorism, strikes, embargoes, atmospheric phenomena, local disputes, or civil unrest; National or local changes in air or land transportation networks and mechanical problems in transportation or machinery; Hidden defects or latent 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 actions 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, especially the warranties set forth in clause 12; actions or omissions of customs, security, airline, airport, or government officials.
14.2.3. Inclusion of Prohibited Article(s) in Your Shipment, even if we have accepted such Shipment by mistake.
14.2.4. Our refusal to make any illegal payments on Your behalf.
14.3 We shall not be liable for damage to the goods caused by insufficient or inadequate packaging, or inadequate stowage.
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 have the option to insure the full value of the contents of your shipment (except for documents) by completing the corresponding box on the bill of lading, in cases where this option is available, and paying the corresponding fee to obtain coverage against all risks of loss and damage during transportation, up to a maximum limit of 25,000 euros per shipment. If the value of the shipment exceeds 25,000 euros, you will require our prior consent before purchasing insurance. This insurance does not cover items such as gemstones, precious metals, laptops, plasma or LCD screens, jewelry, cash, glassware, porcelain, artwork, antiques, documents, films, recordings, disks, memory cards, or other data or image-carrying devices. If you decide to ship these types of goods, we recommend that you acquire insurance on your own.
17.2. You may also purchase insurance to cover the costs of reconstruction, reproduction, or reprinting (including materials, such as paper, plus reasonable labor fees) of your documents by completing the corresponding box on the bill of lading, in cases where this option is available, and paying the corresponding fee to obtain coverage against all risks of loss and damage during transportation, up to a maximum limit of 500 euros per shipment. This insurance is only available for certain documents, which are specified on the local website of TRANSVOLANDO, S.L. where your shipment is accepted for transportation.
17.3. Please note that the aforementioned 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.
17.4 Compensation for loss or damage shall not exceed one-third of the Public Indicator of Multiple Effects/Day per kilogram of gross weight of lost or damaged goods.
17.5 Damages to the goods caused by insufficient or inadequate packaging, or inadequate stowage shall not be covered in any case.
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 inform us of the loss, damage, or delay within a maximum period of 21 days (i) from the receipt of the Shipment, (ii) from the scheduled delivery date of the shipment or (iii) from the date on which reasonable knowledge of the loss, damage, or delay was obtained in the case of a claim related to Other Services. However, in the case of domestic transportation, the claim must be filed within 7 days.
18.2. You must support your claim by providing us with all relevant information about the shipment and the loss, damage, or delay suffered, within a maximum period of 21 days from the notification of your claim.
18.3. We are not obliged to take action on claims until the transportation fee has been paid, and you are not entitled to deduct the claimed amount from said transportation fee.
18.4. The shipment will be presumed to have been delivered in good condition unless the recipient has indicated any damage in our delivery record when accepting the shipment. To consider a claim for damages, both the contents of the shipment and the original packaging must be available to us for inspection.
18.5. Unless otherwise specified in any applicable legal provision, your right to file claims for damages will expire if no action is brought before a court within one year from the receipt of the shipment, from the scheduled delivery date of the shipment, or from the completion of the transportation. If the claim relates to other services, the one-year period will be counted from the date on which you should reasonably be aware of the loss, damage, or delay.
18.6. In the event that we fully or partially accept your claim, you guarantee that your insurance company or any other third party with an interest in the shipment will have waived any right of subrogation or other compensation.
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 the cost of transportation (including surcharges) between the points indicated in this transport letter, as well as any Value Added Tax levied on transportation, within 7 days from the date of the invoice issued to you, without retention, deduction, or compensation.
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; volumetric weight is calculated according to the volumetric conversion equation listed in our tariff schedule. We may verify the weight, volume, and/or number of items in Your Shipment, and if we find a discrepancy between the declared weight and/or volume and/or number of items, you agree that the values determined by us will be used for our calculations.
19.5. All import duties, VAT on goods, and other charges related to the Shipment must be paid upon delivery. If the recipient refuses to pay, you agree to pay the total amount within 7 days of our notification of non-payment.
19.6. You agree that we may apply interest on unpaid invoices at a rate of 6% above the base rate of the European Central Bank until full payment of the corresponding invoice. You also agree to pay reasonable and appropriate costs associated with the collection of unpaid invoices within 7 days of the billing date.
19.7. The rates for door-to-door deliveries in our current list include a provision for basic customs clearance procedures; we reserve the right to charge an additional administrative fee when customs clearance requires excessive and prolonged work. Therefore, additional charges may apply in countries with complex customs processes, such as formal customs declarations for more than three types of goods, customs bonds, temporary imports, and procedures involving other government departments in addition to the customs authority.
In some countries, we may prepay duties, taxes, fines, or other obligations on behalf of the importer; if we offer this additional service, the final recipient will be responsible for paying a local management fee, and you will be responsible for paying this fee if the final recipient refuses payment.
If you have instructed a different payment method or agreed that the recipient or a third party will pay our fees and/or other charges related to the Shipment, and the recipient or that third party refuses payment, you agree to pay such amounts within 7 days of our notification of payment refusal. In any case, TRANSVOLANDO may refuse to deliver the goods unless payment is properly guaranteed.
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, we will use electronic billing as our standard method of invoicing. If you request or paper billing is required, we reserve the right to charge an administrative supplement for this service.
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 reserve the right of retention over all shipments in our possession at any time, with the possibility of selling their contents and retaining the price obtained to cover any outstanding debt you may have for previously delivered shipments.
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 must provide TRANSVOLANDO with complete and updated data regarding the names and addresses of its customers, who are the senders and recipients of the Shipments.
21.2. The Customer acknowledges that, in accordance with these Conditions, the information of its customers (if applicable) is provided to TRANSVOLANDO by the Customer, part of which relates to identifiable personal data. The Customer acknowledges that TRANSVOLANDO assumes its own responsibility in the processing and, therefore, together with the Customer, will be considered a data controller (or joint data controller).
21.3. It is possible that TRANSVOLANDO may need to share information, including personal data related to the shipment, with the authorities of the country of origin and destination of the shipment, or transit country authorities, for customs and/or security reasons.
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 website https://transvolando.com is owned by TRANSVOLANDO, SL with VAT number B87450003 and registered address at C/ Empleo, 28 Nave 10 – 28906 Getafe (Madrid – Spain), operating commercially under the brand TRANSVOLANDO, S.L.
1.2. The specific conditions of online contracting regulate the distance selling relationship between TRANSVOLANDO, S.L. and the user or customer, in accordance with legal stipulations, especially Law 7/1998, of April 13, on General Conditions of Contracting, 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 Retail Trade, Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce, Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016. 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 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 TRANSPORT.
1.5. All content on the website is 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 customer expressly declares to know, understand, and accept the terms of use and these general contracting conditions. Likewise, you declare that you are of legal age and have the legal capacity and capacity to act necessary to access the websites of TRANSVOLANDO, S.L. and contracting through them.
3. LIABILITY REGIME OF TRANSVOLANDO
As stated in the TERMS AND CONDITIONS OF TRANSPORT FULL VERSION 14/02/2024, the liability of TRANSVOLANDO, S.L. is legally regulated as mandatory under current transportation laws.
4. RATES
4.1. All services indicate the selling price in Euros and do not include Value Added Tax (VAT).
4.2. If any other tax is applicable, this will be indicated during the application process. Likewise, we recommend that before formalizing any request, visit our Help section to consult the possible requirements for shipping.
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 acquire our services, you can go to the Send now section.
6.2. It is a prerequisite that you register as a user of the website. You can make your request through our website section: Send now, where you can provide the necessary data for the management of your request and whose registration you can do previously if you are not a customer of TRANSVOLANDO, S.L.
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 Organic Law 15/1999 on the protection of personal data, Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016.
In accordance with Organic Law 15/1999, the parties concerned are informed and give their consent to the inclusion of their data in the files, automated or not, existing in TRANSVOLANDO, S.L. duly declared before the Spanish Data Protection Agency (AEPD), and to the automated processing of them as well as the data to which TRANSVOLANDO, S.L. has access as a result of the consultation, request, or contracting of any service, as well as those obtained through the recording of security cameras located in the offices, and in telephone conversations, for the performance of any necessary management for the provision of the services contracted in accordance with these general conditions and the purposes of management 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, for 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 of these requests must be made in writing, sending a letter by mail to the following address: TRANSVOLANDO, S.L. C/ Empleo, 28 – Nave 10 – 28906 Getafe – Madrid. Attn Internal Control Department or by email to administracion@transvolando.es
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 within 24 hours from the end of the service you do not receive confirmation, please contact TRANSVOLANDO, S.L. at the customer service phone number 674 34 69 12 or by email at info@transvolando.com
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 more information, you should refer to section 19 of the TERMS AND CONDITIONS OF TRANSPORT VERSION 14/02/ 2024, 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. You may in any case revoke the consent given to receive the electronic invoice at any time, by sending an email to the email address administracion@transvolando.es, and requesting, free of charge, the invoice in paper format, being null and void, what is indicated in section 19.8 of the TERMS AND CONDITIONS OF TRANSPORT VERSION 14/02/ 2024, 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, 12, 13, 14, 15, 16, and 17 of the TERMS AND CONDITIONS OF TRANSPORT VERSION 14/02/ 2024.
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 withdrawal must be made by telephone at the number 674 34 69 12, and must be confirmed by completing the corresponding withdrawal 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 claim, they must send an email to the email address info@transvolando.com.”
9.2. Before formalizing the claim, you should consult sections 18 and 19 of the TERMS AND CONDITIONS OF TRANSPORT VERSION 14/02/ 2024.
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.
