Terms of Carriage

Company

BODU-TRANS d.o.o.

Address

Kettejeva ulica 10, 6210 Sežana, Slovenija

Registration no.

6430937000

VAT ID

SI39376800

E-mail

info@bodutrans.si

These terms apply to all quotations, orders and contracts of carriage between BODU-TRANS d.o.o. (hereinafter the carrier) and the party ordering the carriage (the customer) — the sender or the freight forwarder.

The terms apply to business customers (B2B). The carrier does not perform removals, warehousing, customs brokerage or distribution to end consumers.

The customer's general purchasing terms do not apply unless the carrier expressly accepts them in writing. If individual provisions agreed in writing differ from these terms, the agreed provisions prevail; for the remainder, these terms stay in force.

The carrier performs the carriage with its own vehicle and its own crew. If in an individual case a subcontractor had to be engaged, the customer is told in advance.

• A quotation is not binding until the carrier confirms it in writing. Prices, dates and vehicle availability apply only upon written confirmation of the order (e-mail is sufficient).
• Submitting an enquiry through the online form is not an order and does not bind the carrier to anything. It is a request for a quotation.
• The quotation is based on the data stated by the customer (route, temperature regime, type of goods, weight, number of pallets, date). If the actual situation at loading differs from that data, the carrier is not bound by the quoted price and may refuse the carriage or adjust the price.
• The quotation is valid for the period stated in it. If no period is stated, a reasonably short time applies — fuel prices, tolls and availability change quickly.
• Since the carrier has one vehicle unit at its disposal, dates are limited. A confirmed order means that unit is reserved.

The customer is responsible for:

• stating the correct temperature regime and the nature and condition of the goods; the carrier maintains the agreed temperature, but cannot repair goods that were already too warm, damaged or improperly prepared at loading;
• packing, palletising and securing the goods appropriately for road carriage;
• handing over complete and accurate documents in good time (CMR consignment note, delivery note, veterinary, phytosanitary, customs and other required documents);
• declaring dangerous goods (ADR) in writing in advance, with all the data required by the regulations; the carrier does not accept undeclared dangerous goods;
• providing an accessible loading and unloading place, as well as personnel and equipment for loading and unloading, unless agreed otherwise in writing;
• ensuring that the total mass of the vehicle does not exceed the permitted mass — the carrier does not accept the excess.

The customer is liable for damage arising from incorrect or incomplete data or missing documents (delays, fines, customs costs, forced unloading).

International road carriage of goods is governed by the Convention on the Contract for the International Carriage of Goods by Road (CMR), Geneva 1956, with the 1978 Protocol. The Convention applies mandatorily and contractual provisions departing from it to the detriment of the claimant are null and void under Art. 41 CMR.

What this means in practice: the CMR governs the carrier's limited liability for loss, damage or delay — this is not insurance of the value of your goods. If the value of the goods is higher than the limit stated below, the CMR does not cover the difference. Full cover of the value is arranged by the owner of the goods through their own transport insurance (goods insurance, so-called cargo), or the limit is raised under Art. 24 or Art. 26 CMR — see the next section.

5.1 Limit of compensation

Under Art. 23(3) CMR, compensation for loss of or damage to the goods is limited to 8.33 units of account per kilogram of gross weight short. The unit of account is the Special Drawing Right (SDR) of the International Monetary Fund (Art. 23(7) CMR).

Conversion into euros is made at the SDR rate on the date determined by the Convention. The SDR rate fluctuates, which is why these terms do not and cannot state a fixed amount in euros per kilogram. As a rough indication it is approximately €10 per kilogram, but that is merely a frame for understanding the order of magnitude — only the conversion of 8.33 SDR/kg at the applicable rate is binding.

In addition to the compensation, the carriage charges, customs duties and other charges incurred in respect of the carriage of the goods are refunded, to the extent laid down by Art. 23(4) CMR.

5.2 Delay

In the case of delay, compensation under Art. 23(5) CMR is limited to the amount of the carriage charges, and only if the claimant has proved the damage suffered. The carrier is not liable for delays due to circumstances which it could not avoid and the consequences of which it could not prevent (Art. 17(2) CMR) — for example road accidents on the route, extreme weather conditions, road closures, strikes or waiting at the border.

5.3 How the limit is raised

• Declared value of the goods — Art. 24 CMR. Against an agreed surcharge, the customer may enter the value of the goods in the consignment note where it exceeds the limit under Art. 23(3). The amount entered then replaces the limit of 8.33 SDR/kg.
• Special interest in delivery — Art. 26 CMR. Against an agreed surcharge, an amount of special interest may be specified in the consignment note for the case of loss, damage or exceeding the agreed time limit. In addition to the ordinary compensation, compensation for proved additional damage up to that amount may then be claimed.
• Wilful misconduct and gross negligence — Art. 29 CMR. If the damage is caused wilfully or by such default as, under the law of the court seised of the case, is considered equivalent to wilful misconduct, the carrier may not invoke the limits of liability.

Both agreements under Art. 24 and Art. 26 must be concluded in advance and entered in the CMR consignment note. A subsequent claim for higher compensation without such an entry is not possible.

5.4 Claims and limitation

Apparent loss or damage must be objected to on taking delivery, by entering a reservation in the CMR consignment note. Hidden damage must be objected to in writing within seven days of delivery, Sundays and public holidays excepted (Art. 30(1) CMR). A claim for delay must be made in writing within 21 days of the goods being placed at the disposal of the consignee (Art. 30(3) CMR).

Claims arising out of carriage become time-barred after one year, and in the case of wilful misconduct or equivalent default after three years (Art. 32 CMR).

Since the carrier has one vehicle unit at its disposal, a confirmed order blocks the date for all other customers. Cancellation must therefore be notified in writing and as early as possible.

• Cancellation before the journey towards the place of loading begins is as a rule free of charge.
• If the vehicle is already on its way to the place of loading or has already arrived there, the carrier charges the costs actually incurred (distance travelled, tolls, fuel, crew time).
• For waiting at the place of loading or unloading beyond the agreed free time, demurrage is charged according to the price list agreed upon confirmation of the order.

• Prices are in euros and do not include VAT, unless expressly stated otherwise.
• The price applies to the agreed route, cargo and temperature regime. Additional loading or unloading places, changes of route, waiting, demurrage and washing of the load compartment are charged separately.
• The invoice is issued after the carriage has been performed, as a rule upon presentation of the signed CMR consignment note.
• Statutory default interest accrues on late payment. The costs of recovery are borne by the customer.
• The customer may not set off its claims against the carriage charges without the carrier's written consent. A disputed damage claim does not justify withholding payment of the carriage charges.
• The carrier has a lien and a right of retention over the goods to secure claims arising from the contract of carriage, to the extent permitted by applicable law.

The carrier is not liable for non-performance or delay due to events beyond its reasonable control — natural disasters, war, strikes, road closures, border controls, power supply failures or measures taken by state authorities. We notify the customer of such an event as soon as possible. The provisions of the CMR Convention on grounds for relief from liability (Art. 17) apply independently of this article.

We process personal data as described in the privacy policy. We do not pass on data about customers and shipments to third parties for their own purposes.

Contracts of carriage are governed by the CMR Convention. In everything the Convention does not regulate, the law of the Republic of Slovenia applies, without the application of conflict-of-law rules and without the application of the UN Convention on Contracts for the International Sale of Goods.

We resolve disputes amicably first. If that does not succeed, the jurisdiction of the court having subject-matter jurisdiction in the Republic of Slovenia is agreed for disputes. The agreement on jurisdiction does not exclude the jurisdiction of the courts designated as competent by Art. 31 CMR — under the Convention, the claimant always also has the options listed there.

If an individual provision of these terms is invalid, the remaining ones stay in force; the invalid provision is replaced by a valid one that comes closest to its economic purpose.

The carrier may amend the terms. The terms published on the day the order is confirmed apply to that individual order. The version on this page is always the one in force; the date of the last change is stated at the top.

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