LAND TRANSPORT CONTRACT FOR THE CARRIAGE OF GOODS – GENERAL TERMS AND CONDITIONS OF TRANSPORT LAND TRANSPORT CONTRACT FOR THE CARRIAGE OF GOODS
CLAUSES
1. Object of the contract
The carrier undertakes to transport the goods using its authorised vehicles (no. 11576282/MDPE) or by subcontracting other carriers under its operator licence (no. 12393336/OT).
2. Conditioning and documentation of the goods
The shipper, i.e. the customer who contracts with Transvolando, is responsible for conditioning, packaging and labelling the goods. Damage to the cargo as a consequence of insufficient or inadequate packaging for the type of goods being transported, or similar causes, shall in any case be borne by the SHIPPER.
If damage to the goods is observed during transport, either at origin or at destination, this damage must be noted on the delivery note. This is an indispensable requirement to handle any claim, as well as to notify the insurer and carry out all relevant procedures.
Pallets must be properly packaged and identified, detailing sender, recipient and number of pallets making up the shipment.
The shipper shall provide all documentation required to carry out the transport.
The shipper, being the customer in this case, shall carry out the loading/unloading operations as quickly and efficiently as possible.
The carrier — Transvolando, S.L. — may claim demurrage compensation if the wait exceeds one hour, pursuant to Article 22.3 of Spanish Law 15/2009 (LCTTM), unless a Standard or Premium package with longer loading/unloading times has been contracted, or there is another special written agreement 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 destination according to the aforementioned documents.
4. Loading and unloading operations
The shipper shall carry out loading/unloading operations as quickly and efficiently as possible.
The carrier may claim demurrage compensation if the wait exceeds one hour, pursuant to Article 22.3 of Spanish Law 15/2009, unless a Standard or Premium package with longer loading/unloading times has been contracted, or there is another special written agreement in this regard.
5. Autonomy of the carrier
The carrier enjoys autonomy in its business activity, subject to the conditions of the contract.
6. Goods insurance
Both parties undertake to maintain goods insurance throughout the term of the contract, with the goods insured in any case under the terms set out in the LOTT (Spanish Land Transport Organisation Act).
7. Price and payment terms
The shipper shall pay the carrier the agreed price in accordance with this document and the conditions established. The payment term shall be that agreed between the parties and, in any case, shall not exceed 60 calendar days from the placement of the goods at destination, in accordance with Spanish Law 3/2004 on combating late payments and Spanish Law 13/2021 which extends it to road freight transport.
In the event of an incident during transport, the carrier's indemnification liability is governed by Article 57 of Spanish Law 15/2009 (LCTTM), which sets as the limit the amount of one third of the daily IPREM per kilogram of goods lost or damaged (approximately €8.75/kg according to the 2026 IPREM), unless the parties have expressly agreed a higher limit and paid the corresponding surcharge.
Mandatory price revision due to diesel price variation (Article 38 LCTTM): in accordance with Royal Decree-Law 3/2022 of 1 March y al Royal Decree-Law 9/2026 of 14 April, the freight rate shall be automatically adjusted upwards or downwards when, between the signing of the contract (or issuance of the quotation) and the actual provision of the service, the price of diesel has varied by a percentage equal to or greater than 5 % (or any lower percentage agreed in writing by the parties). The revision is calculated using the formula published by the Spanish Ministry of Transport and Sustainable Mobility. The invoice shall reflect the fuel cost separately when this clause operates. This revision is imperativa e ineludible; cualquier pacto en contrario es nulo de pleno derecho.
Prohibition of below-cost pricing: pursuant to Article 22 ter LOTT (Spanish Law 13/2021), no price may be agreed that is below the individualised costs of the service actually incurred by the carrier.
8. Liability and force majeure
Liability shall be governed by Spanish Law 15/2009 (LCTTM), the LOTT and the general contracting terms.
Delays caused by force majeure — including but not limited to traffic accidents, tyre punctures or blowouts, impediments to free circulation (such as demonstrations, traffic blockages, adverse weather conditions, etc.) — which must be communicated to the shipper as soon as possible, shall expressly release the carrier from liability for such delays.
9. Communications
All communications shall be sent by reliable means leaving a record of such communication.
10. Contract cancellation, indemnification for cancellation
Normal transport:
- If the trip is canceled with less than 24 hours noticein advance, the 50% of the trip price, with a minimum cancellation fee of 400 €.
- Exception: For trips originating in Andalusia and Extremadura, the cancellation must be with less than 48 hours.
Transportation with generic permits:
- If the trip is canceled with less than 48 hoursshall be charged the 50% of the trip, with a minimum cancellation fee of 500 € per trip.
- This applies to platforms or gondolas 6 metres.
Transportation with special permits:
- If the trip is canceled with less than 48 hoursshall be charged the 50% of the trip, with a minimum cancellation fee of 500 € by vehíass.
- Additionally, there will be an increase in 210 € by permissionand pilot car expenses if necessary (minimum permit cost of €210).
Extra-measurement gondolas (as tube holders):
- The 50% of the trip, with a minimum cancellation fee of 600 €.
- The maximum will be the travel costs that the vehicle has traveled to the loading and return to the base at 1.50 €/km plus pilot car costs (minimum cost 210 €).
Furthermore, if cancellations occur after 15:00 hours on the business day immediately prior to the trip, the cancellation cost will be 100% of the trip amount, with the minimum amounts and costs mentioned above.
All of the above unless otherwise agreed in writing with a Transvolando agent.
11. Application of regulations
In the absence of specific provisions, the general contracting conditions for road freight transport published by the competent Ministry and the Spanish Land Transport Contract Act (LCTTM) shall apply.
12. Termination of the contract
The contract may be terminated by mutual agreement or by justified breach of either of the parties.
13. Confidentiality and data protection
All confidential information shall be handled as such and shall be used exclusively for the proper performance of this contract.
Personal data shall be used and protected in accordance with the GDPR by both parties.
14. Jurisdiction
In the event of any dispute arising from this contract, the parties shall submit to the jurisdiction of the Madrid Transport Arbitration Boards.
PERSONAL DATA PROTECTION ANNEX
Hereby, and in accordance with the General Data Protection Regulation on 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 CIF/NIF nº: B87450003 and registered office at: C/ Empleo, 28 - Nave 10, 28906 - Getafe (Madrid).
Purpose of processing
To develop and comply with the obligations set out in the contract, or legal-business relationship, that links you with Transvolando, S.L.
Data retention
Your data shall be retained for a minimum period of five years.
Lawful basis
The lawful basis for collecting your data is the contract entered into or your legal-business relationship with Transvolando, S.L.
Recipients
Your data shall not be transferred for purposes other than those described above, except where required by law, although they may be transmitted to service providers bound by a data processor contract with Transvolando, S.L.
Rights
In accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), the data subject may exercise the following rights: access, rectification, erasure (right to be forgotten), objection, restriction of processing, data portability, and the right not to be subject to automated individual decisions including profiling.
To exercise these rights, please contact Transvolando, S.L. (Tax ID B87450003), with registered office at C/ Empleo, 28 – Nave 10, 28906 Getafe (Madrid), by post or by email to info@transvolando.com, providing proof of identity.
Likewise, the data subject has the right to lodge a complaint with the Spanish Data Protection Agency (AEPD) via its electronic portal www.aepd.es if they consider that the processing of their personal data infringes the applicable regulations.
In order to keep the data up to date, the customer shall notify any changes that may occur to such data.
Confidentiality commitment
Likewise, in accordance with Article 32 of the GDPR, relating to the duty of professional secrecy, Transvolando, S.L. undertakes to maintain the confidentiality of personal data, with this obligation continuing 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 transport contract shall be governed by the terms and conditions established in this document, and the following abbreviations and definitions shall apply throughout its content:
"Shipment": means the goods that the shipper hands over simultaneously to the carrier for their transport and delivery to a single recipient, from a single loading place to a single destination.
"Transport": encompasses both the transport itself and the related operations and activities.
"Prohibited Items": refers to goods or material whose transport is prohibited by law, rule or regulation in the countries through which the transport will pass.
"Package": each individual material loading unit forming part of the goods being transported, regardless of its volume, dimensions and contents.
"Other Services": includes additional services provided by the transport operator, such as warehousing, sorting, assembly, packaging, installation and value-added services.
"We", "Our" or simply "Us": refers to Transvolando, S.L., including its group companies and their employees, agents, correspondents and subcontractors.
"You" or "Your(s)": refers to the shipper, consignor or consignee of the goods, as applicable.
2. THE PARTY WITH WHOM YOU FORMALISE THE CONTRACT
The transport contract is formalised with Transvolando, S.L. or with its subsidiary or affiliated company that accepts your shipment. Please also note that we may subcontract part or all of the transport under such terms and conditions as we deem appropriate.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By delivering your shipment, you accept the Terms and Conditions established in the transport contract on your behalf and on behalf of any other interested third parties. You acknowledge that such terms may be invoked by TRANSVOLANDO, S.L. or any subcontractor. No employee, agent or correspondent has authority to modify these terms. Conflicting verbal or written instructions have no contractual validity.
4. SCOPE OF THE CONTRACT
These terms and conditions govern the transport of your shipment, regardless of the nature of the contract.
By entering into any contract for the transport of goods with us, you accept that:
- The contract is for road transport if the transport is carried out by this means.
- The contract is for air transport if the transport is carried out by air.
- The contract is for sea transport if it is carried out by sea.
- The contract is for other services if it relates to services other than transport.
5. SECURITY AND DANGEROUS GOODS
5.1. Save in the circumstances set out in paragraphs 5.2 and 5.3, we neither carry nor provide any other service in respect of goods which we consider (at our sole discretion) or which are classifiable as dangerous under the regulations applicable to the mode of transport:
- Carretera (modo principal de TRANSVOLANDO, S.L.): European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), in its current version.
- Air (when subcontracted): Technical Instructions of the International Civil Aviation Organisation (ICAO) and regulations of the International Air Transport Association (IATA) on dangerous goods.
- Maritime (when subcontracted): International Maritime Dangerous Goods Code (IMDG).
5.2. Only if you obtain customer approval (which requires contacting our nearest office), may we, on a case-by-case basis, evaluate the acceptance of dangerous goods for transport or as part of other services.
In any event, your shipment shall be subject to an additional charge and must comply with the relevant regulations (see clause 5.1) and our own requirements. Our nearest branch shall provide you with all the additional information required.
5.3. Certain dangerous goods are exempt from the approved-customer requirements. Details can be obtained from the nearest TRANSVOLANDO, S.L. office.
5.4. On completing our consignment note or handing over your shipment, you implicitly warrant under your responsibility that the shipment does not contain any item prohibited under the applicable national or international regulations. You must also provide a detailed description of the contents of the shipment in the consignment note or accompanying document, without this releasing you from liability.
5.5. You authorise us to subject your shipments to security checks, including the use of X-ray equipment, explosive detectors or other security methods. You also authorise us to open and inspect your shipment and the packages in transit.
5.6. You certify that you have prepared the shipment for transport at secure premises, using trusted employees engaged by you; and that the shipment has been protected against unauthorised interference during its preparation, storage and transport immediately before we accept the shipment.
6. EXPORT CONTROLS
6.1. You, as solely responsible, warrant full and timely compliance with all applicable export control legislation.
This includes, among others, regulations prohibiting the unauthorised trade in military and strategic goods and services, as well as commercial or financial agreements with specific individuals and entities in the countries of origin and/or destination of your shipments.
It also includes regulations imposing conditions on the transport of certain technologies, information or products through any country to which your shipment may be carried.
6.2. You warrant that you will not deliver any shipment to us if you or any of the parties involved in it are included on any list of the United Nations sanctions programmes, or any other national or regional programme that complements or implements those listed, as well as any member listed in autonomous-measure regulations.
6.3. You undertake to identify shipments subject to pre-export regulatory controls, and to provide us with the information and documentation required to comply with the applicable regulations.
6.4. You are responsible for and shall bear the cost of obtaining the licences and permits required to transport your shipment, as well as for ensuring the consignee's suitability 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 do not accept responsibility for your acts or omissions in relation to legislation on export controls, sanctions, restrictive measures or embargoes.
7. CONSENT TO RIGHT OF INSPECTION
You consent to us, or any government authority including customs and security, opening and inspecting your shipment at any time.
8. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS
Delivery times specified in our publications do not include weekends, public holidays, delays caused by customs, delays due to compliance with mandatory local security requirements or other circumstances beyond our control. The determination of the route and mode of transport for your shipment is our sole responsibility.
9. CUSTOMS CLEARANCE
9.1. You appoint us as your representative solely for the customs clearance and dispatch formalities of your shipment. You also appoint us as consignees of the goods to the extent necessary to enable us to subcontract this task.
If any Customs Authority requires additional documentation for these purposes, it is your responsibility to provide it to us at your cost and as quickly as possible.
9.2. You ensure that all declarations and information relating to export and import provided by you about the shipment are accurate and true. You acknowledge and accept that, by making false or fraudulent declarations about the shipment or any of its contents, you expose yourself to civil claims and, where applicable, criminal charges, with the possibility of seizure and sale of the goods.
Occasionally and at our discretion, we may assist you in completing the required customs documentation, but this assistance is provided under your absolute responsibility and at your sole risk. You agree to release us from all liability and, where necessary, indemnify us for any claim brought against us due to the information provided by you.
You shall bear and be responsible for the costs we incur in connection with the foregoing, 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 and severally liable for the reimbursement of duties, taxes (including VAT, where applicable), fines, penalties, storage charges or other expenses incurred by TRANSVOLANDO, S.L. due to the lack of adequate documentation provided by you and/or the lack of any required licence or permit.
The same joint and several liability applies to the costs of processing the claim. You undertake to provide adequate and sufficient security to cover these items at our first request.
9.4. We assume no liability for the duration of customs clearance/import/export of the shipment, without prejudice to our endeavour to expedite the procedures to the extent legally possible.
9.5. You authorise us to exercise all the powers contained in Annex I of the Resolution of 5 March 2015 (BOE No. 65 of 17 March 2015), as indirect representatives for a single dispatch declaration, with national scope of application.
10. INCORRECT ADDRESSES AND PO BOXES
10.1. If we are unable to deliver a shipment due to an incorrect address provided in the transport contract, we shall contact you and take reasonable steps to correct the situation and complete the delivery, charging the corresponding additional fees if necessary.
10.2. We do not accept shipments addressed to PO boxes, except in certain specific countries (the list is available at the TRANSVOLANDO, S.L. branch that accepts the shipment) and subject to the condition that the recipient's telephone number is provided. If we are unable to deliver the shipment to the PO box, you accept that we shall send it to the recipient by registered mail, with the delivery considered complete upon presentation of the proof of dispatch.
11. DELIVERY OF YOUR SHIPMENTS
11.1. In situations where delivery of the shipment at its destination is not feasible for any reason, we shall endeavour to leave a notification at the recipient's address indicating that delivery has been attempted.
If after a second attempt the delivery cannot be completed, or if the recipient refuses the shipment, we shall try to contact you to agree on the best way to proceed. 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 measure agreed, shall be your responsibility.
In the absence of instructions within a reasonable time after the second delivery attempt, you authorise the disposal or sale of the shipment, as we deem appropriate and without this entailing 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 (through the TRANSVOLANDO, S.L. website or other means) to deliver the shipment to another location or to another person (for example, to a neighbour and/or to a nearby address), or to indicate that the recipient wishes to collect the shipment at a place approved by us. We are not obliged to comply with such instructions, but if we do, the following provisions shall apply:
11.2.1. Effective delivery shall be deemed to be evidenced if our delivery note specifies the person and/or address of delivery.
11.2.2. Compliance with your special instructions shall be carried out at your risk and under your sole responsibility.
11.2.3. Consequently, you shall indemnify us and hold us harmless from any claim, liability and cost (including reasonable legal fees and expenses) arising from compliance with your special instructions.
11.2.4. Compliance with your special instructions shall entail an additional charge that you undertake to pay.
12. YOUR OBLIGATIONS
You represent and warrant the following:
12.1. The details of the shipment (including, for example, the weight and number of packages) are correctly specified in our consignment note, properly labelled, and the corresponding labels have been securely placed by you in a visible location on the external surface of the shipment, clearly legible to us at all times.
12.2. The complete address of the recipient, including the postcode, has been provided accurately and legibly both on our consignment note and on an address label firmly attached by you in 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 transport or our provision of other services; including the processes associated with the mechanical handling thereof (sorting).
12.4. You have declared the correct weight of the shipment and shall provide us with all the special equipment that may be necessary to load or unload the shipment from our vehicles.
12.5. You have firmly affixed a “HEAVY WEIGHT” label in a conspicuous place on the external surface of each package exceeding 30kg, clearly legible to us at all times.
12.6. The contents of the shipment are not subject to restrictions under the regulations applicable to the mode of transport (ADR for road; IATA/ICAO if air transport is subcontracted; IMDG if a sea leg is involved), nor do they contain prohibited items, and neither you nor the consignee are legally or regulatorily prohibited or restricted from carrying out commercial transactions with us.
12.7. You shall provide us with all necessary declarations regarding dangerous goods, accurately prepared in accordance with all applicable laws, rules and regulations.
12.8. In the event that you have requested us to charge the recipient or a third party, and if the recipient or third party fails to pay, you shall settle our invoice in full in a timely manner, together with an administrative charge, within the legal time-limit applicable under Spanish Law 3/2004 and Law 13/2021 (maximum 60 calendar days from the provision of the service).
12.9. You declare that all applicable laws and regulations have been complied with.
12.10. You have arranged at your own cost, at your risk and under your sole responsibility that all the documentation required for the proper customs clearance, where applicable, is prepared in advance and accurately, completely, lawfully and in good time.
13. LIMITS OF OUR LIABILITY
13.1. Subject to the provisions of clause 14 below, our liability in connection with the transport shall be configured in accordance with the imperative regulations in force at the relevant time. Thus:
13.1.1. Subcontracted international air transport: if your shipment is carried in whole or in part by air between countries, the following conventions shall apply mandatorily as appropriate: Montreal Convention of 1999 (which has superseded the Warsaw Convention of 1929 and its Protocols in most modern air transport relationships), or, residually, the Warsaw Convention and its Protocols where the States involved are not parties to the Montreal Convention. These international treaties regulate and limit our liability for loss, damage or delay; under the Montreal Convention the limit is 22 SDR (Special Drawing Rights) per kilogram according to the 2019 SDR update.
13.1.2. International road transport (CMR): if your shipment is carried wholly or partly by road within, to or from a country party to the Convention on the Contract for the International Carriage of Goods by Road of 1956 (CMR), our liability for loss or damage shall be governed by the CMR and is limited to 8.33 SDR per kilogram of missing gross weight (Art. 23 CMR, as updated by the 1978 Protocol).
In case of delay, where you can demonstrate that you have suffered a loss as a result, our liability is limited to the refund of the transport amount (Article 23.5 CMR).
13.1.3. Road transport outside the CMR scope: if the transport is carried out within a country that is not party to the CMR, or between two countries neither of which is a party, our liability shall be deemed governed by the CMR by analogy, with the same limit of 8.33 SDR/kg.
13.1.4. Spanish national transport: our liability shall be governed by Spanish Law 15/2009 (LCTTM), with the following mandatory limits:
- Loss or damage (Art. 57): one third of the daily IPREM per kilogram of goods lost or damaged (approximately €8.75/kg according to the 2026 IPREM).
- Retraso (Art. 58): the liability limit is the price of transport.
- These limits may be exceeded by means of a value declaration en la carta de porte (Art. 61) o a special interest in delivery declaration (Art. 62), abonando el correspondiente sobreprecio.
13.1.5. Demurrage and compensation (Art. 22 LCTTM): in the event of vehicle stoppage attributable to the shipper or consignee, the tiered rates in force in 2026 shall apply: Day 1 (from hour 2 to hour 10) €40/h with a maximum of €400/day; Day 2 €50/h with a maximum of €500/day (+25%); Day 3 and following €60/h with a maximum of €600/day (+50%). For special vehicles (step-frame trailers/lowboys, out-of-gauge platforms) a 100% surcharge over the base applies. The first hour is free and the maximum chargeable is 10 hours/day.
13.1.6. Cancellations (Art. 22 LCTTM 2026): cancellation of the service with less than 24 hours' notice (standard service) or 48 hours (generic vehicles, Andalusia or Extremadura) shall generate a minimum compensation of €400 or €500 respectively, plus contracted permits and pilot car where applicable. For step-frame trailers and out-of-gauge vehicles, the reinforced clause (Aguado criterion) described in the Transport Conditions shall apply.
14. EXCLUSIONS OF LIABILITY
14.1. We shall not assume liability for loss of revenue, deprivation of profit, market deterioration, damage to reputation, reduction in clientele, loss of use, or missed business opportunities, even if we were aware that such damages or losses might arise, whether through indirect, incidental damages (such as loss of profit), or any other type of consequential loss, including but not limited to breaches of contract, negligence, wilful 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 (without limitation):
Causes beyond our control, such as (without limitation): 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 disturbances; national or local changes in air or land transport networks and mechanical problems with means of transport or machinery; latent defects or hidden faults 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 rights or interest over the shipment) of obligations under these terms and conditions, especially the warranties set out in clause 12; actions 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 have accepted such shipment in error.
14.2.4. Our refusal to make any unlawful payment on your behalf.
14.3 We shall not be liable for damage to the goods caused by insufficient or inadequate packaging, or improper stowage.
15. PRODUCTS WITH GUARANTEED DELIVERY TIME
With respect to products with a guaranteed delivery time, if we fail to deliver your shipment within the agreed period, and if our failure was not caused by any of the events described in Clause 14.2, and if you notify us of your claim in accordance with point 19, we shall charge you for the delivery service actually provided (e.g. before noon) instead of charging the price quoted for the service you requested (e.g. before 9:00).
16. ITEMS OF VALUE
Items of value such as precious stones, precious metals, jewellery, money, negotiable instruments, unprotected furniture, glass or ceramics, works of art, antiques, and important documents — for example, passports, share offers and certificates and stock options — should not be sent through our transport network, since such system involves the use of mechanical handling and automated sorting equipment, together with multiple vehicle transhipments. If despite this you entrust us with the transport of this type of goods and we accept your order, we shall carry it out under your responsibility and at your sole risk.
17. INSURANCE
Mandatory LOTT/CMR insurance (included in the transport price): the carrier is liable for loss, damage or delay in accordance with mandatory regulations: in national transport, up to one third of the daily IPREM per kilogram of goods lost or damaged (Art. 57 LCTTM, approximately €8.75/kg in 2026); in international transport, up to 8.33 SDR/kg (Art. 23 CMR, aproximadamente 10 €/kg).
17.1. In addition, you have the option to contract voluntary supplementary insurance to insure the full value of the contents of your shipment (excluding documents), by completing the corresponding box on the consignment note and paying the corresponding rate. This additional cover insures against all risks of loss and damage during transport, up to a limit of €25,000 per shipment. If the shipment value exceeds €25,000, our prior consent and a premium supplement shall be required.
This complementary insurance does not cover items such as precious stones, precious metals, laptops, plasma or LCD screens, jewellery, cash, glassware, porcelain, works of art, antiques, documents, films, recordings, discs, memory cards or other devices for the transport of data or images. If you decide to send these types of goods, we recommend that you arrange all-risk insurance independently.
17.2. You may also purchase complementary insurance to cover the costs of reconstructing, reproducing or reprinting (including materials, such as paper, plus reasonable labour fees) of your documents up to a maximum limit of €500 per shipment. This insurance is only available for certain documents.
17.3. Please note that the complementary insurance options above (i) do not cover consequential damages (loss of profit) or delays in delivery, and (ii) are not available in all countries.
For further information on insurance conditions, please contact our Customer Service department.
17.4. The minimum legal compensation for loss or damage in national transport may not exceed one third of the daily Public Multiple-Effects Income Index (IPREM) per kilogram of gross weight of goods lost or damaged (Art. 57 LCTTM), save for a declaration of value or of special interest in delivery recorded in the consignment note pursuant to Art. 61 LCTTM and payment of the corresponding surcharge.
17.5. Indirect damages, loss of profit, missed business opportunities, or damages arising from force majeure shall in no case be covered (Article 48 LCTTM and Article 17.2 CMR).
18. CLAIMS PROCEDURE
If you wish to make a claim for a lost, damaged or delayed shipment, or for any other type of damage, you must comply with the applicable regulations and the following procedures or, otherwise, we reserve the right to reject your claim:
18.1. Reservation notification deadlines:
- National transport (Art. 60 LCTTM): for apparent, reservations must be made at the very moment of delivery; for non-apparent loss or damage non-apparent, within a maximum period of 7 calendar days from delivery. In the event of delay, reservations must be made within 21 calendar days.
- International CMR transport (Art. 30 CMR): apparent damage at the time of delivery; non-apparent damage within 7 calendar days (excluding Sundays and public holidays); delays within 21 calendar days from delivery.
18.2. You must support your claim by providing us with all relevant information about the shipment and the loss, damage or delay suffered (consignment note, photographs, expert report, commercial invoice), as soon as possible and, in any event, within a reasonable time.
18.3. We are not obliged to process claims until the transport fee has been paid, and the customer may not deduct the amount claimed from such fee.
18.4. The shipment shall be presumed to have been delivered in proper condition, unless the recipient has made the appropriate reservations within the time-limits set out in point 18.1. To consider a claim for damage, both the contents of the shipment and the original packaging must be available to us for inspection.
18.5. Time bar of the action: actions arising from the transport contract are time-barred after 1 year from delivery or from the date on which the goods should have been delivered (Art. 79 LCTTM and Art. 32 CMR). This period is extended to 2 years in cases of fraud or wilful misconduct.
18.6. In the event that we accept your claim in whole or in part, 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 type of compensation.
18.7. The shipment shall not be considered lost until at least 30 days have elapsed from the day you notify us of non-delivery. We may agree in writing with you on a shorter period.
19. RATES AND PAYMENTS
19.1. You undertake to pay the cost of the haul (including surcharges) between the points indicated in this consignment note, as well as any Value Added Tax levied on the transport, within 7 days from the date of the invoice issued to you, without retention, deduction or set-off.
19.2. You waive your right to dispute invoices if you do not raise written objections within 7 days following the invoice date.
19.3. The transport price shall be calculated in accordance with our prevailing rates, applying the one corresponding to your shipment or, where applicable, in accordance with the rates that have been individually agreed with you. Our current rate list may be requested at any of our offices in the country in which the shipment is invoiced.
19.4. We charge on the basis of the actual weight of the shipment or its volumetric weight, whichever is greater; the volumetric weight is calculated using the volumetric conversion equation set out in our rate list. 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 shall be used for our calculations.
19.5. All import duties, VAT on the goods and other charges relating to the shipment must be paid on delivery. If the consignee refuses to pay, you agree to pay the full amount within 7 days following our notification of non-payment.
19.6. You agree that we may apply interest on unpaid invoices at a rate of 6% above the European Central Bank base rate until the relevant invoice is paid in full. You also agree to pay the reasonable and proportionate costs associated with the recovery of unpaid invoices within 7 days following the invoice 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 where customs clearance requires excessive and prolonged work. Accordingly, 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 government departments other than the customs authority.
In some countries, we may pay duties, taxes, fines or other obligations in advance on behalf of the importer; if we offer this additional service, the final consignee shall be liable for the payment of a local handling fee, and you shall be liable for paying that fee if the final consignee refuses payment.
If you have instructed a different payment method or have agreed that the consignee or a third party shall pay our rates and/or other charges relating to the shipment, and the consignee or that third party refuses payment, you undertake to pay such amounts within 7 days following our notification of refusal of payment. In any event, TRANSVOLANDO may refuse to deliver the goods unless payment is adequately guaranteed.
19.8. Our rate does not include a copy of the Proof of Delivery (POD) or any other additional document.
19.9. Where permitted by law, we shall use electronic invoicing as our standard method of submitting invoices. If you request or paper invoicing is required, we reserve the right to charge an administrative supplement for this service.
19.10. Our invoices shall 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 we provide.
19.11. We reserve the right of lien over all shipments in our possession at any time, with the option of selling their contents and retaining the price obtained to cover any outstanding debt you may have for previously delivered shipments.
20. YOUR INDEMNITY IN RESPECT OF YOUR EMPLOYEES
You undertake to indemnify us and hold us harmless from any cost, claim, liability or action arising directly or indirectly from the dismissal, selective re-engagement or transfer of:
20.1. Our employees assigned or dedicated to the services we provide to you; or
20.2. Any current or former employee of yours; or
20.3. Any current or former supplier of yours; or
20.4. Any third party that may arise out of the commercial 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 any other applicable employment legislation.
21. DATA PROTECTION
21.1. The customer shall provide TRANSVOLANDO with full and up-to-date data relating to the names and addresses of its customers, who are the shippers and consignees of the shipments.
21.2. The customer acknowledges that, under these terms, the information of its customers (where applicable) is supplied to TRANSVOLANDO by the customer, part of which relates to data of identifiable individuals. The customer acknowledges that TRANSVOLANDO assumes its own responsibility for the processing and shall therefore, together with the customer, be regarded as a data controller (or joint data controller).
21.3. It is possible that TRANSVOLANDO may need to share information, including personal data relating to the shipment, with the authorities of the country of origin and destination of the shipment, or with the authorities of the country of transit, for customs and/or security reasons.
22. LAW AND JURISDICTION
22.1. In the event that any of these terms or conditions is declared invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this transport contract, the present general terms and conditions or the other documents, including the consignment note, all of which shall remain in force.
22.2. Save as stipulated by any applicable convention, disputes arising out of or in connection with these general terms and conditions shall be subject to the laws and courts of the country in which the subsidiary, affiliate or branch of TRANSVOLANDO, S.L. that accepted the shipment is based.
22.3. In the event of any dispute arising over the interpretation and performance of these general contracting terms, both parties shall submit to the Madrid Transport Arbitration Board. If the said Arbitration Board declares itself not competent to hear the matter, the parties shall submit to the Courts and Tribunals of Madrid.
23. Non-Circumvention, Non-Compete and Confidentiality
23.0. Acceptance. By accepting the quotation issued by TRANSVOLANDO, S.L. — whether by express written response (email, message, letter), by recorded verbal confirmation, by commencement of service execution (delivery of goods to the carrier, authorisation of collection, communication of loading date) or by payment — the CLIENT expressly accepts all of these General Conditions, with particular attention to Clause 23, which has been referenced in the body of the quotation and is fully enforceable against the CLIENT even without a handwritten signature, in accordance with Articles 1262 and 1278 of the Civil Code, Article 51 of the Commercial Code and Article 5 of Law 7/1998 on General Contracting Conditions.
23.1. Definition. For the purposes of this clause, the following term shall be understood as «Carrier Introducido» any carrier, operator, driver or transport company that TRANSVOLANDO, S.L. presents, recommends, assigns or subcontracts for the provision of a service to the CLIENT, as well as any natural or legal person linked to said carrier (subsidiaries, group companies, self-employed collaborators).
23.2. Non-circumvention commitment. The CLIENT undertakes, for the duration of the commercial relationship with TRANSVOLANDO, S.L. and for a period of twenty-four (24) months following the date of the last invoiced service, NOT to engage directly or indirectly — through third parties, affiliated companies, subsidiaries, employees, agents or intermediaries — the transport services of any Introduced Carrier, without the contractual and commercial mediation of TRANSVOLANDO, S.L.
23.3. Confidentiality and trade secret. The identity, contact details, commercial terms, capacities, administrative authorisations, regular routes and any other data relating to the Introduced Carriers are considered to be confidential information and trade secret protected by Spanish Law 1/2019 of 20 February on Trade Secrets. The CUSTOMER undertakes not to disclose, divulge, commercially exploit or use such information for purposes other than the performance of the transport contract in force with TRANSVOLANDO, S.L.
23.4. Liquidated damages (Art. 1152 Spanish Civil Code). Breach of the commitments set out in Sections 23.2 and/or 23.3 shall automatically entitle TRANSVOLANDO, S.L., without prior notice or proof of loss, to claim from the CLIENT a lump-sum compensation equivalent to the greater of the following amounts: (a) the two hundred per cent (200%) of the total amount invoiced in the last twelve (12) months to the CLIENT for services rendered with the Introduced Carrier affected; or (b) a minimum of five thousand euros (€5,000) for each transport operation carried out in circumvention. This compensation constitutes substitutive penalty clause of damages (Art. 1152 CC), without prejudice to the right of TRANSVOLANDO, S.L. to claim additional damages if the actual losses exceed this amount, and without prejudice to the unfair competition actions provided under Articles 14 and 32 of Law 3/1991, of 10 January, on Unfair Competition.
23.5. Express acknowledgement. The CLIENT acknowledges that TRANSVOLANDO, S.L.'s carrier network constitutes a business asset resulting from ongoing investment in prospecting, accreditation, regulatory compliance monitoring (LOTT, LCTTM, ADR, CMR), insurance verification and document checks, and that circumvention of this network by the CLIENT causes a certain, quantifiable and foreseeable financial loss.
23.6. Severability. The nullity or invalidity of any part of this clause shall not affect the validity of the remaining parts. The non-circumvention undertakings, confidentiality obligations and the contractual penalty shall survive by their nature upon termination of the contract.
Special Terms for Online Contracting
1. PRE-CONTRACTUAL INFORMATION
1.1. This website https://transvolando.com is owned by TRANSVOLANDO, S.L. with Tax ID B87450003 and registered office at C/ Empleo, 28 Nave 10 – 28906 Getafe (Madrid – Spain), registered at the Madrid Companies Registry. Transport licences: no. 11576282/MDPE (transport with own vehicles) and no. 12393336/OT (transport operator / agency).
1.2. The Special Terms for online contracting govern the relationship between TRANSVOLANDO, S.L. and the user or customer, in accordance with the following regulations in force in 2026: Spanish Law 7/1998 of 13 April on General Contracting Conditions; Spanish Law 15/2009 of 11 November on the Land Transport Contract for the Carriage of Goods (LCTTM), as amended by Royal Decree-Law 3/2022 and Royal Decree-Law 9/2026; Spanish Law 16/1987 of 30 July on the Organisation of Land Transport (LOTT), as amended by Law 13/2021 (combating late payments); Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE); Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 (LOPDGDD); CMR Convention of 1956 for international transport; the Regulations (EU) 1071/2009 and 1072/2009 on access to the road haulage profession and market; Spanish Law 3/2004 on combating late payments. To the extent that the customer is a consumer (use unrelated to business or professional activity), the Consolidated Text of the General Law for the Protection of Consumers and Users (Royal Legislative Decree 1/2007).
These special terms shall prevail over the GENERAL TERMS AND CONDITIONS OF TRANSPORT in force at any given time in those aspects specifically applicable to online contracting.
1.3. TRANSVOLANDO, S.L. may amend these terms to adapt them to applicable regulations or to the service offered. Substantial amendments shall be notified to customers with active accounts with reasonable advance notice. The versions published on the website shall prevail during the time they are in force and until they are amended.
1.4. The purpose of the website is the provision of the services described in the GENERAL TERMS AND CONDITIONS OF TRANSPORT.
1.5. The contents of the website are available primarily in Spanish, with an English version available on request.
1.6. The duration of the contract shall be linked to the completion of the service contracted.
1.7. As a user, the customer expressly declares that it knows, understands and accepts the conditions of use and these general contracting terms, and declares to be of legal age and to have sufficient legal capacity to enter into the contract.
1.8. Type of contract: these terms are drafted primarily for B2B contracts (between businesses). The clauses relating to consumer rights (including the right of withdrawal under Art. 102 TRLGDCU) shall apply only where the customer qualifies as a consumer or user within the meaning of Art. 3 TRLGDCU. In B2B contracts, the relationship is governed by freedom of contract, the LCTTM and these general terms.
3. LIABILITY REGIME OF TRANSVOLANDO
As stated in the GENERAL TERMS AND CONDITIONS OF TRANSPORT FULL VERSION 14/02/2024, the liability of TRANSVOLANDO, S.L. is legally and mandatorily regulated by the prevailing transport legislation.
4. RATES
4.1. All services display the sale price in Euros and do not include Value Added Tax (VAT).
4.2. Where any other tax may apply, this shall be indicated during the order process. We also recommend that, before submitting any order, you visit our Help section to consult any requirements that may apply to the shipment.
5. PAYMENT METHODS
The customer may pay the amount of the service by choosing any of the following methods. The choice must be indicated during the purchase process:
5.1. VISA or MASTERCARD credit card
5.1.1. All operations involving the transmission of personal or banking data are carried out using a secure environment, a server based on the SSL (Secure Sockets Layer) standard security technology. All information transmitted to us travels encrypted across the network.
5.1.2. The data on your credit card is also entered directly on the bank's page, on the bank's POS terminal, and is not entered or recorded on any TRANSVOLANDO, S.L. server.
5.1.3. When paying with a VISA or MASTERCARD card, the following data shall always be requested: card number, expiry date, and a Validation Code matching the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD card, thereby providing additional guarantees as to the security of the transaction.
5.1.4. This payment method is valid only on the website.
5.2. Where the amount of a purchase has been charged fraudulently or improperly using a payment card number, the cardholder must contact their VISA or Mastercard card supplier, with TRANSVOLANDO, S.L. being released from any liability for such charges.
5.3. However, if the purchase has been actually made by the cardholder and the demand for refund is not the result of having exercised the right of withdrawal or termination and, therefore, the cancellation of the corresponding charge has been improperly requested, the cardholder shall be liable to TRANSVOLANDO, S.L. for the damages caused as a result of such cancellation.
6. ORDER EXECUTION
6.1. To purchase our services, you may visit the 'send now' section of our website.
6.2. Registration as a website user is mandatory. You may submit your request via the 'send now' section by providing the details required to process your enquiry. You may register in advance if you are not yet a client of TRANSVOLANDO, S.L.
6.3. Personal data processing: the personal data collected during the registration process and subsequent provision of the service shall be processed by TRANSVOLANDO, S.L. (B87450003) as Data Controller, in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).
Purposes of processing: to perform the requested transport contract, administrative and accounting management, customer service, fraud prevention, and compliance with legal obligations (including tax, accounting and customs obligations).
Lawful basis: performance of the contract (Art. 6.1.b GDPR), compliance with legal obligations (Art. 6.1.c GDPR), and the legitimate interest of the controller (Art. 6.1.f GDPR) in fraud prevention and service improvement.
Recipients: the data may be communicated to subcontracted carriers (with OT and MDPE authorisations), insurers, customs and administrative authorities, and technology providers bound by a data processor agreement (Art. 28 GDPR). No international transfers outside the EEA are made except where required for the performance of the transport (in such case with the safeguards of Chapter V GDPR).
Retention period: the data shall be retained for the term of the contract and, thereafter, for the applicable statutory periods: 6 years for accounting and tax documentation (Art. 30 Spanish Commercial Code); 5 years for general contractual data; the limitation period for the action under Art. 79 LCTTM (1 year from delivery) for claims, and the periods established by anti-money-laundering regulations where applicable.
Rights: el titular de los datos podrá ejercer los derechos de acceso, rectificación, supresión, oposición, limitación del tratamiento y portabilidad, así como a no ser objeto de decisiones individuales automatizadas, dirigiéndose a TRANSVOLANDO, S.L. (C/ Empleo, 28 – Nave 10, 28906 Getafe, Madrid) o por correo electrónico a info@transvolando.com, providing proof of identity.
The data subject may also lodge a complaint with the Spanish Data Protection Agency (AEPD) via its electronic portal www.aepd.es if they consider that the processing of their data infringes the regulations.
7. CALCULATION OF TRANSIT TIME AND SHIPMENT ROUTING
The delivery times indicated in our publications do not reflect weekends, public or national holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements, or any other event beyond our control. The route and method chosen to transport your shipment shall be solely at our discretion.
8. RIGHT OF WITHDRAWAL, REFUND OF PAYMENT
8.1. The customer may withdraw from the contract until TRANSVOLANDO collects the goods at origin.
8.2. Withdrawal must be carried out by telephone on number 674 34 69 12, and must be confirmed by completing the corresponding withdrawal form.
8.3. If withdrawal is validly exercised in accordance with the above, TRANSVOLANDO, S.L. shall not collect the goods at origin, but shall charge the customer the management costs of the shipment and the withdrawal that have been incurred.
8.4. If, following this, the customer is entitled to a partial refund, such refund shall be subject to a period of 14 calendar days from the date of the timely and proper exercise of the right of withdrawal.
8.5. The customer may not withdraw from the contract after handing over the shipment to TRANSVOLANDO, S.L. Notwithstanding, in such a case, TRANSVOLANDO, S.L. shall attempt to return the shipment to origin, without prejudice to its right to invoice the shipment in full, in addition to the costs associated with the return to origin and the management of the late withdrawal.
9. CLAIMS
9.1. If the client wishes to file a claim, they must send an email to the email address info@transvolando.com.
9.2. Before formalizing the claim, you must consult sections 18 and 19 of the TERMS AND CONDITIONS OF TRANSPORT VERSION 02/14/2024.
10. JURISDICTION
Waiving any other forum or jurisdiction that may correspond to them by law, you and TRANSVOLANDO, S.L. agree to submit any disputes that may arise over the interpretation and performance of these special terms of online contracting to the Madrid Transport Arbitration Board. If the said Arbitration Board declares itself not competent to hear the matter, the parties expressly submit (after waiver of any other forum that may correspond by law) to the Courts and Tribunals of the city of Madrid.