Terms of Carriage | J. Vrška Transport

Terms of Carriage for Road Freight Transport

The carrier JÁN VRŠKA TRANSPORT-SPEDITION, JÁN VRŠKA s.n.a., 956 35 Nedašovce 92, IČO 33415943, pursuant to § 5(1) of Act of the National Council of the Slovak Republic No. 168/1996 Coll. on road transport and subsequent regulations, and pursuant to § 4 of Decree of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic No. 363/1996 Coll. on the model for drawing up the terms of carriage in road transport, issues these Terms of Carriage for road freight transport.

These Terms of Carriage regulate the rights, obligations and liability in the carriage of goods by road vehicles for hire or reward between the carrier and the entities and persons involved in the carriage; they do not regulate prices or pricing conditions. They contain the conditions for concluding a contract for the carriage of goods pursuant to § 610 et seq. of the Commercial Code, and its content.

Article 1

JÁN VRŠKA TRANSPORT-SPEDITION, JÁN VRŠKA s.n.a., 956 35 Nedašovce 92, IČO 33415943, carries on business in road freight transport on the basis of a licence issued by the competent authority and entered in the Trade Register at the District Office in Bánovce nad Bebravou, Trade Register number: 301-1494, ref. no. OŽP-B/2006/00426-2/CR 1 of 21 February 2006, and entered in the Commercial Register, section number: 16207/R.

The carrier JÁN VRŠKA TRANSPORT-SPEDITION, JÁN VRŠKA s.n.a., 956 35 Nedašovce 92 (hereinafter the "carrier"), performs domestic road freight transport and international road freight transport to European countries. For this purpose the carrier owns and operates means of transport.

The carrier performs carriage on the basis of written orders and contracts of carriage pursuant to the Commercial Code and Decree No. 11/1995 Coll.

Only a vehicle marked with the business name is used for the business.

The vehicle carries the licence for the licensed activity, the decision of the Regional Office for Road Transport and Roads in Trenčín, the "Community licence", the documents relating to the goods carried and the vehicle documents.

The vehicle used for the business has a space for parking and garaging on the carrier's land. The carrier carries out maintenance, technical inspections and routine repairs of the vehicles on its own premises and at a service garage.

The vehicle crew undergoes regular medical examinations; in addition, the vehicle is insured against liability for damage caused under §§ 427 and 769 of the Civil Code, as well as for the case of the need for medical treatment abroad.

In domestic transport the carrier, among other things, fulfils the general obligations of a carrier under § 4 of Act No. 168/1996 Coll. on road transport, as amended.

Article 2

Road freight transport is the carriage of goods and consignments which the carrier performs on the basis of a contract for the carriage of goods, or another contract or written order.

By a contract or order for the carriage of a load, the sender (customer) acquires the right to have the carrier transport the consignment to the designated place and deliver it properly and on time to the designated consignee. The sender (customer) is obliged, at the carrier's request, to confirm the transport order in writing. The carrier is obliged, at the request of the sender (customer), to confirm in writing the taking over of the consignment. Until the consignment is delivered to the consignee, the sender (customer) has the right to give the carrier new instructions.

A change to the conditions of carriage must be made in writing, confirmed by the sender (purchaser) and the carrier. The carrier is obliged to perform the carriage with professional care and within the agreed time limit (if one has been agreed in writing). The Terms of Carriage for road freight transport regulate rights and obligations in carriage by road vehicles on the basis of a contract for the carriage of a load (§ 765 of the Civil Code and §§ 769 and 610 of the Commercial Code). The carrier may also use other natural or legal persons to perform the carriage, but remains liable for the carriage itself.

Article 3

By the contract for the carriage of goods, the carrier JÁN VRŠKA TRANSPORT-SPEDITION, 956 35 Nedašovce 92, undertakes to the sender (customer) to transport the consignment from the place of dispatch to the place of destination, and the sender (customer) undertakes to pay the carrier the agreed freight charge.

The contract of carriage is concluded between the sender and the carrier:

by acceptance of the order,
where the carriage is one for which no order is required, by commencement of the carriage,
by taking over the consignment for carriage.

The carrier is entitled to require the sender (customer) to confirm the requested carriage in the transport document, and the sender (customer) is entitled to require the carrier to confirm in writing the taking over of the consignment. Where special documents are necessary for the performance of the carriage, the sender (customer) is obliged to hand them over to the carrier no later than when handing over the consignment for carriage. The sender (customer) is liable for damage caused to the carrier by failure to hand over these documents or by their invalidity. The sender (customer) is obliged to provide the carrier with correct information about the contents and nature of the consignment and is liable for damage caused by a breach of this obligation.

Article 4

The carrier is liable for damage to the consignment carried which arises in the period from taking over the goods for carriage until delivery to the consignee. If the damage was caused by the sender, the consignee, a defect of the consignment or a circumstance which the carrier could not avert, the carrier is not liable for damage to the consignment.

In the event of loss or destruction of the consignment, the carrier is obliged to pay the price which the lost or destroyed consignment had at the time when it was taken over for carriage. In the event of damage to or deterioration of the consignment, the carrier is obliged to compensate the difference between the price which the consignment had at the time of its taking over and the price which the damaged or deteriorated consignment would have had at that time (§ 770(1) of the Civil Code, § 624 of the Commercial Code).

For damage arising from freight transport other than damage to the consignment carried, the carrier is liable only if it was caused by exceeding the delivery period. The carrier is not liable for damage to the consignment if it proves that it was caused (§ 622 of the Commercial Code, § 769 of the Civil Code):

by a circumstance which the carrier could not avert,
by the sender, the consignee or the owner of the consignment,
by a defect of the consignment,
by defective packaging, of which the carrier warned the sender when taking over the consignment for carriage, and where a consignment note or order containing a record of the damaged packaging was issued. If the carrier did not warn of the defective packaging, it is not liable for damage to the consignment resulting from that defect only if the defect was not, or could not have been, apparent when the consignment was taken over,
by a defect or the natural nature of the contents of the consignment, including the usual loss in volume or weight, or by the special nature of the consignment carried. Such damage is deemed to include damage arising from the natural nature of the consignment, in particular explosiveness, spontaneous combustion, flammability, fragility, evaporation, drying out, rusting, freezing, rotting, sweating and, in the case of live animals, injury, death or starvation.

The carrier JÁN VRŠKA TRANSPORT-SPEDITION, 956 35 Nedašovce 92, is obliged to give the sender (customer) prompt notice of damage to the consignment that has arisen before its delivery to the consignee. However, if the consignee has acquired the right to delivery of the consignment, the carrier is obliged to give this notice to the consignee. The carrier is liable for damage caused to the sender (customer) or the consignee by a breach of this obligation (§ 623 of the Commercial Code).

The consignee is obliged to make a record of damage to the consignment found upon delivery in the document of delivery of the consignment. Without such a record, the carrier is not obliged to bear liability for the consignment.

The sender (customer) must assert the right to compensation for damage against the carrier within 30 days of delivery of the consignment to the consignee.

Article 5

The following documents are required for the carriage of goods in road freight transport:

an order or contract,
accompanying documents for the consignment in accordance with the applicable legal rules governing the carriage of individual types of goods,
a consignment note (in various forms depending on the type of goods),
a delivery and acceptance note.

An order or contract is a document to which is attached the right to require the carrier to carry and deliver the consignment in accordance with the content of the order or contract. The carrier is obliged to deliver the consignment to the person entitled under the order or contract, if that person presents the order or another credible document to the carrier and confirms the carriage and the delivery of the consignment on the consignment note. The customer for freight transport is obliged to state in the order at least:

the full wording of its business name,
the name, registered office and place of residence of the sender and the consignee,
the full wording of the carrier's business name,
the designation and description of the item (load) to be carried,
details of the person to whom the order was issued, being the person authorised to take over the consignment,
the place of destination,
the place and day of taking over and delivery of the consignment,
a list of the documents accompanying the consignment.

The consignment note is completed by the carrier, who states at least the following particulars:

the name of the sender and the consignee,
the usual description of the contents of the consignment and its packaging,
the number of pieces,
the total weight of the consignment,
the place of loading and the place of unloading,
the date and confirmation of the taking over of the consignment by the carrier and the consignee.

Where a consignment is loaded or unloaded at several places, the sender is obliged to hand over a separate transport document for each consignment.

Where special documents are necessary for the performance of the carriage, the sender is obliged to hand them over to the carrier no later than when handing over the consignment for carriage. The sender is liable for damage caused to the carrier by failure to hand over these documents or by their incorrectness.

Unless the contract provides otherwise, the contract lapses if the sender has not asked the carrier to take over the consignment at the time specified in the contract or, failing that, within six months of the conclusion of the contract.

Bill of lading

The carrier is obliged, on request, to issue a bill of lading to the sender upon taking over the consignment for carriage (Commercial Code §§ 612 – 616). The carrier is obliged to state in the bill of lading:

the name and registered office of the carrier,
the name and registered office of the carrier (haulier),
the designation of the item carried,
whether the bill of lading was issued to bearer or in the name of the consignee,
the place of destination,
the place and day of issue of the bill of lading and the signature of the carrier.

In place of a destroyed or lost bill of lading, the carrier is obliged to issue a new one to the sender and to indicate that it is a replacement bill of lading. In the event of misuse of the original, the sender is obliged to compensate the damage thereby caused to the carrier.

The content of the bill of lading is decisive for the claims of the person entitled under the bill of lading.

Article 6

The carrier is entitled to the agreed remuneration for performing the carriage. The right to the freight charge arises after the carriage to the place of destination has been performed, unless another time limit and manner of payment has been agreed in the contract. If the carrier is unable to complete the carriage for reasons for which it is not responsible, it is entitled to a proportionate part of the freight charge, having regard to the carriage already performed. By accepting the consignment, the consignee assumes liability for payment of the carrier's claims under the contract relating to the carriage of the consignment accepted (§ 627 of the Commercial Code). To secure its claims arising from the contract, the carrier has a lien (right of pledge) over the consignment. This lien of the carrier takes precedence over other rights, e.g. those of the forwarder.

Article 7

Consignments are carried as full-load, part-load (groupage) or additional-load consignments.

A full-load consignment is a load carried for one sender in a single journey of the vehicle, irrespective of its weight, loading area or volume. It is also a single journey where, for operational reasons, the consignment is transferred to another vehicle.

An additional-load consignment is a consignment carried together with other consignments, or separately on a vehicle journey which the vehicle would otherwise have to make without a load.

Article 8

A person who wishes to have a consignment carried is obliged to order the carriage from the carrier. A transport order may be placed in writing, orally, by telephone or by fax. An oral or telephone order must be confirmed in writing at the carrier's request. If the order was not placed in writing or was not confirmed in writing, the carrier's records apply unless the customer proves otherwise.

The transport order must contain all the particulars necessary for the performance and the accounting of the carriage.

Article 9

The following items are excluded from carriage:

items whose carriage is prohibited by general legal regulations,
dangerous goods to the extent laid down by special regulations,
objects which, by their dimensions, weight or presentation, having regard to the load-bearing capacity, dimensions and condition of the roads to be used for the carriage, are not suitable for carriage by road vehicle.

The carrier is responsible for compliance with the maximum permitted weight loaded on the vehicle. The sender (customer) is responsible for the correctness of the inscriptions, marks and labels on the individual pieces of the consignment, for the correctness of the prescribed certificates and for the attachment of the necessary accompanying documents. If a consignment excluded from carriage, or a consignment whose carriage is permitted only under special conditions, is tendered for carriage without the carrier being notified of this nature of the consignment, or if such a consignment is taken over on the basis of incorrect or incomplete particulars, the sender (customer) is liable to the carrier in full for any damage arising.

Article 10

The sender (customer) is obliged to pack properly a consignment which, by its nature, requires protection by packaging against loss or damage during carriage. This obligation of the sender (customer) also applies where there is a risk that, without packaging, the properties of the consignment might cause damage during carriage to persons and other consignments and to the means of transport, or other equipment, of the carrier. The carrier does not examine what packaging the consignment requires by its nature, or whether the packaging used is sufficient.

The sender (customer) is liable for damage caused during carriage by defective or insufficient packaging.

The sender (customer) is obliged to mark the consignment or its individual pieces so that it cannot be mistaken for another. Where the nature of the consignment requires that it be handled in a certain manner during loading, carriage and unloading, or that it be stored in a certain position, the sender (customer) is obliged to mark each piece of the consignment with a handling mark for the marking of transport packaging in accordance with the applicable regulations.

If, upon taking over the consignment, the carrier finds that the consignment does not meet the preceding conditions, it shall refuse the carriage. If the sender (customer) confirms the defect found in the consignment note, the carrier may take over the consignment, but the sender (customer) is liable for damage caused by the circumstance found.

Article 11

The carrier JÁN VRŠKA TRANSPORT-SPEDITION, 956 35, is entitled at any time to check whether the consignment it is carrying corresponds to the entries in the transport document.

Article 12

The weight of the consignment means the weight including packaging and pallet. The weight of the consignment must be determined and entered in the transport document (on the order) by the sender (customer) no later than when the consignment is tendered for carriage.

Article 13

The carrier is obliged to provide, within the agreed time limit, a vehicle of the type and equipped as agreed when the carriage was arranged. The vehicle must be in a condition suitable for the performance of the carriage.

Unless otherwise agreed, all consignments are carried by a vehicle crewed by one driver.

Article 14

Loading of the consignment is provided by the sender (customer), and unloading of the consignment by the consignee, unless the carrier and the customer have agreed otherwise. Where loading and unloading of the consignment by the carrier is agreed, the operations connected with moving the consignment may be carried out at a distance of no more than 5 m from the vehicle, including loading it onto the vehicle. Unloading by the carrier comprises the operations connected with removing the consignment from the vehicle and placing it at a distance of no more than 5 m from the vehicle.

Moving the consignment over a greater distance from the vehicle, in particular carrying it to an upper floor, putting it into a warehouse and the like, must be agreed separately with the carrier. Where the sender (customer) loads the consignment, it is obliged to load it in accordance with the instructions of the carrier's representative.

The carrier is responsible for ensuring that the consignment is stowed on the vehicle so that it does not endanger the safety and flow of road traffic. If the sender (customer) disregards the carrier's instructions and a defect in loading consequently occurs, in particular overloading of the vehicle or endangering of the safety of carriage, the carrier is entitled to require that the load, or part of it, be unloaded, or that the stowage on the vehicle be adjusted. If this is not complied with, the carrier may refuse to perform the carriage, or arrange proper unloading and stowage of the load at the expense and risk of the sender (customer). Where loading or unloading is provided by the sender (customer), it is obliged to take care that the vehicle and other equipment of the carrier are not damaged. It is not permitted to drop loads into the vehicle from a greater height or to damage the side boards when loading with mechanical equipment. If the freight vehicle or the load carried is soiled during unloading (loading), the sender (customer) is obliged, after the consignment has been unloaded, to have it cleaned at its own expense. If the sender (customer) fails to fulfil this obligation, the carrier shall arrange for the cleaning of the vehicle at the sender's expense. If the vehicle needs to be disinfected, the carrier shall arrange this. The costs of disinfection shall be paid by the sender (customer) for whose load disinfection is prescribed.

At permanent workplaces with a large volume of loading operations, senders (customers) are obliged to provide loading and unloading ramps, belt conveyors, fork-lift trucks, cranes and the like.

Article 15

Where a special permit is required for the performance of a particular carriage, the sender (customer) shall be responsible for obtaining such a permit. A load placed on a pallet must form one handling unit with the pallet.

Article 16

Unless it has agreed otherwise with the sender (customer) on the route, the carrier is obliged to perform the carriage by the shortest route, the use of which is economical having regard to the nature of the load and the type of vehicle used. The length of the route is determined according to the mileage table.

Where the length of the route cannot be determined from the mileage table, it is determined from the data of the tachograph, or of the speedometer, which meets the conditions laid down in the relevant legal rules (Decree No. 116/97, § 54).

Article 17

For delay of the vehicle which was agreed in advance or which arose during performance of the contract of carriage for reasons on the part of the sender (customer), the customer is obliged to pay the carrier for such delay.

Article 18

The carrier shall deliver the consignment to the consignee designated by the sender (customer). The carrier shall deliver the consignment together with a copy of the relevant transport documents. The consignee confirms receipt of the consignment on the relevant transport documents by its signature and stamp.

Article 19

If, after the contract of carriage has been agreed, the need for carriage ceases, the sender (customer) is obliged to notify the carrier of this without delay. If the carriage was cancelled after the vehicle had already set out for the agreed place of loading, or if the vehicle had already arrived at such a place and the consignment was not tendered for carriage for a reason on the part of the sender, the carrier is entitled to charge the sender (customer) the costs incurred for the journey and, where applicable, the waiting.

If the carrier cannot perform the agreed carriage, or cannot perform it under the agreed conditions, it is obliged to notify the sender (customer) without delay. If the new conditions proposed by the carrier are not acceptable to the sender (customer), the sender (customer) is entitled to withdraw from the contract of carriage. The sender (customer) may also withdraw from the contract if the vehicle was not provided for loading of the goods at the specified time.

Withdrawal from the contract is possible only in the cases provided for by the contract of carriage or by the Commercial Code §§ 344 – 351.

Article 20

Where the provisions of the Terms of Carriage and the conditions laid down in the contract of carriage are met, the carrier is entitled to financial payment for performing the carriage and for other acts carried out for the performance of the contract.

In addition to the freight charge, the carrier shall invoice cash expenses necessary for the performance of the carriage or expenses incurred on the instruction or in the interest of the sender (customer).

The accounting of the freight charge and other reimbursements must correspond to the agreed conditions. Attached to the invoice are copies of all transport documents (acceptance and delivery note, consignment note, other documents used for the carriage of the goods), records of vehicle operation (where accounting is based on kilometres actually driven and working time of the vehicle crew and the contract or order does not provide otherwise) and other expense documents.

Article 21

Consignments subject to special conditions of carriage

Items (consignments) whose nature requires special arrangements for their carriage are atypical consignments, which include:
- a) heavy, oversized and overweight items (TRN),
- b) dangerous substances and articles (ADR),
- c) perishable items (foodstuffs),
- d) live animals,
- e) unusual objects and equipment (heavy metal goods, gas pipelines, bar material),
- f) timber, poles, round logs.
Carriage subject to special conditions referred to in paragraph 1 must always be ordered in writing under a separate contract of carriage and in good time, so that the carrier can arrange all operational and carriage conditions.
In addition to other particulars about the carrier, the transport order must contain the following special particulars:
- a) for a heavy and oversized item: a detailed description of the consignment; the weight, dimensions and centre of gravity of the individual pieces; documentation on the consignment in terms of the needs for securing it for carriage; special features of the consignment; a description of the place of loading and unloading,
- b) for a dangerous item: the class and number of the dangerous substance and article (Kemler code); the identification number of the dangerous substance and article (UN code),
- c) for perishable items: the type of foodstuff or perishable item; requirements for cooling, freezing and temperature-control values,
- d) for animals: the species of animals, their dangerousness and aggressiveness; the weight and number of animals, securing for carriage; the animals' attendant,
- e) for unusual objects and equipment: a description of the unusual item; technical documentation, dimensions, centre of gravity, weight; preferential use of a special vehicle,
- f) for timber (poles, round logs): the length and trunk diameter; the degree of dryness.
On the basis of the transport order, where this is required for proper performance of the carriage, the carrier shall carry out a detailed inspection of the consignment and, where applicable, of the place of loading, the route and the place of unloading. On the basis of the results of the inspection, the carrier shall arrange, or shall call on the sender to arrange, the conditions necessary for reliable performance of the carriage at the place of loading, unloading or on the route.
Where the carriage of a consignment requiring special arrangements requires special additional equipment of the vehicle, the sender, unless otherwise agreed, is obliged to supply, place and secure that equipment on the vehicle, in accordance with the carrier's instructions. Where an escort vehicle or attendants of the consignment are needed, they shall be provided by the party competent to do so.
For the carriage of consignments requiring special arrangements, and where the nature of the carriage allows, an individual delivery period for the carriage is agreed.
Perishable consignments, in particular meat, meat products, edible fats, milk, dairy products, fresh fruit and the like, are carried, according to their type and properties, in containers with a constant internal temperature (isothermal), in vehicles with additional equipment for maintaining a constant temperature and, depending on the season and the length of carriage, also in other vehicles.
Perishable consignments must, when accepted for carriage, comply with the prescribed quality standards.
Live animals are accepted for carriage only if small animals are in crates and large animals are carried in carriers for live animals.
Loading, unloading and escorting of animals shall always be provided by the sender or the consignee of the consignment.
The sender is also liable for ensuring that live animals, in crates or without crates, are properly and safely secured and provided for on the vehicle.
The attendant is obliged to provide feeding and watering of the animals during carriage, taking care that the delay of the vehicle is as short as possible.

Article 22

The person entitled may assert a claim against the carrier without undue delay, and no later than 6 months from the conclusion of the contract of carriage.

The carrier is obliged to deal with the claim and to notify the claimant in writing of the acceptance or rejection of the claim, within 3 months beginning on the day following the day on which the claim was posted or delivered in person. If the carrier rejects in whole or in part the right asserted by the claim, it is obliged to give written reasons.

Claims arising from carriage concluded under a contract of carriage become time-barred after one year. The day on which the limitation period begins to run is not counted in the limitation period.

International road freight transport

Documents required in international road freight transport

Driver's documents:

a certificate of grant of the licence document,
a driving licence valid in the countries to which the carriage is to be made,
a valid passport (where applicable with valid visas according to the route of carriage),
a certificate of training for the carriage of dangerous goods,
a document certifying a medical examination,
a document certifying psychological fitness.

Documents required for the operation of the vehicle and documents accompanying the load carried:

a record of the performance of the vehicle in foreign carriage,
tachograph recording discs in the necessary quantity,
the carrier's order (with a route schedule),
a certificate of the technical inspection carried out (not older than 1 year),
a certificate of the vehicle registration document,
a green insurance card,
documents for fuel purchases (including a list of filling stations),
a directory of international transport,
the necessary carriage permits according to the route of carriage,
road maps according to the route of carriage,
an international CMR consignment note,
a TIR carnet (if carriage is performed under this document),
a single customs declaration with the necessary documents (invoice, delivery note),
a vehicle certificate for the carriage of dangerous goods,
a certificate of the transport regime for the carriage of perishable foodstuffs under the ATP Agreement,
instructions for the event of an accident in the carriage of dangerous goods under the ADR Agreement,
for carriage under TIR, a certificate of vehicle approval (TIR certificate with three confirmed photographs of the vehicle).

In international road freight transport, the carrier JÁN VRŠKA TRANSPORT-SPEDITION, 956 35 Nedašovce 92, is governed by the following international conventions:

Convention on the Contract for the International Carriage of Goods by Road (CMR)

It uniformly regulates the documentation accompanying the goods, the liability of the carrier and the procedure for asserting claims for damage. The document evidencing the conclusion of the contract of carriage is the CMR consignment note, which has at least five copies distinguished by colour and intended for:

red for the sender,
blue for the consignee (accompanies the consignment during carriage),
green for the carrier (confirmed by the customs authority that the consignment has been released for free circulation),
black (the first copy is intended as an attachment to the invoice for the performance of the carriage),
black (the second copy is intended, for example, for the Slovak Border Customs Office).

The consignment note is completed by the sender of the consignment or the forwarder (freight forwarder) or, where applicable, the carrier on the basis of the sender's particulars. The carrier is obliged to provide forms of the consignment note bearing the company stamp. A separate CMR consignment note must be issued for each consignment. Several separate consignments may be carried in one vehicle.

The CMR consignment note must contain:

a) the place and date of issue,
b) the name and address of the sender,
c) the name and address of the carrier,
d) the place and date of taking over of the consignment (loading) and the place of its destination (unloading),
e) the name and address of the consignee,
f) the usual description of the nature of the goods carried and the type of packaging; for goods of a dangerous nature, their generally recognised description (according to ADR),
g) the number of packages, their special marks and numbers,
h) the gross weight of the consignment or its volume,
i) the costs relating to the carriage,
j) the instructions required for customs and other official formalities,
k) a statement that the carriage is subject to the provisions of this CMR Convention notwithstanding any clause to the contrary.

The consignment note may further contain the following particulars:

a) a prohibition of transhipment,
b) the expenses which the sender undertakes to pay,
c) the amount of cash on delivery to be collected upon delivery of the consignment,
d) a declaration of the value of the consignment and the amount representing a special interest in delivery,
e) the sender's instructions to the carrier concerning insurance of the consignment,
f) the agreed time limit for the performance of the carriage,
g) a list of the documents handed to the carrier.

The individual parties involved in the carriage may enter in the consignment note further particulars which they consider useful.

The sender is responsible for the particulars stated in the consignment note. The sender is liable for all expenses and damage incurred by the carrier as a result of inaccuracy or incompleteness.

Obligations of the carrier upon taking over the goods

Upon taking over the consignment for carriage, the carrier shall check the accuracy of the particulars in the consignment note concerning the number of packages and their marks and numbers, and the apparent condition of the consignment and its packaging. The sender shall enter all of its reservations in the consignment note together with the reasons for them.

If the sender issues a consignment note which does not contain a statement that the carriage is subject to the provisions of the CMR Convention, the carrier shall indicate this in the consignment note. Any member of the vehicle crew may enter the reservations raised at loading or unloading in a special driver's control sheet called the "CMR check-list".

The provisions of the CMR Convention apply to the entire route of carriage and are valid in all the countries through which the carriage passes. The provisions of the CMR Convention take precedence over individual national regulations.

(Decree of the Ministry of Foreign Affairs No. 11/1975 Coll. on the Convention on the Contract for the International Carriage of Goods by Road, CMR.)

The driver must always be present at the loading of the consignment, which must be carried out according to his instructions so that the stowage of the consignment does not impede the safe driving of the vehicle. The driver shall, to the best of his ability, assess whether the payload or total weight of the vehicle combination or the prescribed axle load has been exceeded. In case of doubt, he shall notify the sender or request that the load be weighed.

Liability of the sender

The sender is liable to the carrier for damage caused by incorrect completion of the consignment note and for damage caused by defects in the packaging of the consignment. The sender is obliged to secure the goods carried in the necessary manner against the dangers arising in road carriage, i.e. safe stowage and securing of the goods against shocks and sliding during the journey.

The sender is obliged to attach to the consignment note, or to place at the carrier's disposal, the documents necessary for customs and other official formalities to be carried out before delivery of the consignment, and to provide the carrier with all information it requests. The sender is entitled to dispose of the consignment; in particular, it may require the carrier to stop the carriage, to change the place of delivery or to deliver the consignment to a consignee other than the one named in the consignment note. The right to dispose of the consignment ceases when the carrier hands the second copy of the consignment note to the consignee. The question of the right of disposal may also be resolved under Article 12(3) of the CMR Convention.

Liability of the carrier

The carrier is liable for its own acts and omissions, as well as for those of its agents and employees and of all other persons whose services it uses for the performance of the carriage.

The carrier is liable for total or partial loss of the consignment or for damage to it occurring between the time of taking over and the time of delivery, as well as for delay in delivery. It is liable for the consequences of loss or incorrect use of the documents stated in and attached to the consignment note or handed over to the carrier.

The carrier is not liable where the loss or damage was caused by the wrongful act or neglect of the claimant, by an instruction of the claimant not caused by the carrier's wrongful act or neglect, by an inherent defect of the consignment, or by circumstances which the carrier could not avoid and the consequences of which it was unable to prevent. Nor is it liable for damage resulting from inadequate loading of the consignment by the sender and in the case of natural disasters.

Delay in delivery

Delay in delivery occurs when the consignment has not been delivered within the agreed time limit and, where no time limit has been agreed, having regard to the time necessary for the carriage. The person entitled may, without further proof, treat the consignment as lost if it has not been delivered within 30 days following the expiry of the time limit for delivery, and where no time limit has been agreed, within 60 days from the taking over of the consignment by the carrier for carriage.

Compensation for damage caused by the carrier

In the case of compensation for total or partial loss of the consignment, the amount is calculated according to the value of the consignment at the place and time of its taking over for carriage, on the basis of the exchange and market price. Under the CMR Convention, no further compensation can be claimed for indirect damage caused, e.g. loss of further income, etc. The amount of compensation for damage is laid down by Article 23 of the CMR Convention. If the time limit for delivery is exceeded and the person entitled proves that damage resulted therefrom, the carrier is obliged to pay compensation only up to the amount of the carriage charges.

If the price of the goods or a special interest in delivery is stated in the consignment note, the carrier is liable up to the stated value of the goods.

Handling of claims and disputes arising from non-performance of the contract of carriage

If the consignee took over the consignment without having ascertained its condition together with the carrier, with reservations being stated, and loss or damage is subsequently discovered, the period for making a claim is 7 working days from the day of delivery of the consignment.

In the case of loss of or damage to the consignment which is apparent, the consignee may send the carrier its reservations, ascertained in writing, within 7 working days after such discovery.

A claim for delay in delivery may be asserted in writing within 21 days of delivery of the consignment to the consignee.

Claims arising from international carriage to which the CMR Convention applies are time-barred after 1 year. In the case of loss or damage caused wilfully, the period is extended to 3 years.

The Convention was published in Decree No. 11/1975 Coll.

International carriage of perishable foodstuffs (ATP)

In the carriage of perishable foodstuffs to which the international ATP Agreement applies, the carrier is obliged to have in the vehicle:

a written certificate that the vehicle is certified for carriage subject to the ATP Agreement,
thermograph records.

The carrier is further obliged to comply with the temperature conditions for foodstuffs which are frozen or deep-frozen and for foodstuffs which are not frozen.

Temperature conditions for the carriage of certain frozen or deep-frozen foodstuffs:

cream desserts and concentrated fruit juices	−20 °C
fish	−18 °C
other foodstuffs	−18 °C
frozen butter and fats	−14 °C
poultry, game and offal	−12 °C
other frozen foodstuffs and meat	−10 °C

Temperature conditions for the carriage of certain types of foodstuffs which are neither frozen nor deep-frozen:

offal (carriage time must not exceed 48 hours)	+3 °C
butter	+6 °C
game, poultry and milk	+4 °C
meat	+7 °C

If the temperature conditions were not complied with during carriage, no one may dispose of the foodstuffs after the end of the carriage unless the competent authorities recognise that permitting such disposal is in accordance with hygiene conditions; alternatively, a contracting party may prohibit the import of such foodstuffs.

The requirements of the ATP Agreement do not apply to the carriage of foodstuffs not intended for human consumption.

Inspection of insulated, refrigerated, cooling, freezing and heating means of transport or conveyance is carried out before they are put into service and then periodically at least once every six years, or when so requested by the competent state administration authority. In addition to officially issued approval plates, a certification plate must be permanently affixed to the means of transport or conveyance in a clearly visible place. The letters on this plate are dark blue on a white background, with a minimum height of 100 millimetres.

Working regime of vehicle crews in international road transport (AETR)

The European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) is binding on vehicle crews in international transport and does not apply to members of the crews of road vehicles who do not leave the territory of the Slovak Republic in the course of international road transport. Unless the contracting parties agree otherwise, it also does not apply to vehicles whose permissible maximum weight, including trailer or semi-trailer, does not exceed 3.5 tonnes, or to vehicles whose maximum permitted speed does not exceed 30 km/h.

Requirements for drivers at JÁN VRŠKA TRANSPORT-SPEDITION, 956 35 Nedašovce 92:

the minimum age of drivers must be 18 years for vehicles whose permissible maximum total weight, including trailer and semi-trailer, does not exceed 7.5 tonnes,
the minimum age of drivers is 21 years for vehicles exceeding 7.5 t, with two years' experience,
the vehicle crew must be insured for the case of the need for medical treatment (insurance of medical expenses abroad).

Vehicle drivers must be of good character, reliable and trustworthy. They must have sufficient experience and the necessary qualifications to perform the required services.

Obligations of vehicle crews

Vehicle crews are obliged to observe the following driving times and breaks:

maximum driving time: daily 9 hours, twice a week 10 hours; weekly 56 hours; over 14 days 90 hours,
maximum uninterrupted driving time 4.5 hours,
minimum interruption of driving 45 minutes, or breaks of 30 minutes and 15 minutes.

The crew is further obliged to observe the minimum daily and weekly rest periods and the maximum working shift times. In the event of an inspection of compliance with these times, the driver shall present the prescribed data for the current day and for the preceding 28 days. The devices for monitoring these times are recording equipment: analogue tachographs and digital tachographs. Our vehicles are predominantly equipped with digital tachographs.

The employer must issue the crew with a sufficient number of recording discs having regard to the duration of the carriage and must keep completed recording discs for at least 2 years (Act No. 121/2004 Coll.).

Act No. 462/2007 Coll. on the organisation of working time in transport.

The AETR Agreement was published in Decree No. 108/1976 Coll.

The ADR Agreement unambiguously specifies which classes of dangerous substances and articles may be carried without a permit and for the carriage of which a permit must be obtained.

Carriage of oversized and overweight loads by road

The carrier JÁN VRŠKA TRANSPORT-SPEDITION may perform carriage of oversized or overweight loads if it has the necessary technical base, special vehicles intended for such carriage and trained crews.

National regulations on the maximum weights and dimensions of commercial vehicles differ, and it is therefore necessary to ascertain them before such carriage. When crossing state borders, owing to different regulations in the country concerned, it is necessary to choose different routes of carriage, or to leave vehicles partly unladen, or to change the axle loads. Where a permit procedure is required for such carriage, the carrier (haulier) shall arrange it.

The carrier is obliged to ensure that the carriage does not endanger the life or health of road users, does not cause damage to the road, to road installations or to the property of other persons, and reduces the risk to safety and the restriction of the flow of road traffic.

For oversized or overweight carriage passing through the territory of the Slovak Republic, the carrier must have the following documents:

a permit of the administrative authority for performing oversized or overweight carriage,
a certificate of specialist training of the crew and, where applicable, of the escort accompanying the carriage,
a document certifying payment of the administrative fee.

International carriage of live animals by road freight transport

In the carriage of live animals, the following documents must be in the vehicle:

a journey plan, if the journey lasts more than 8 hours,
a certificate of the driver's training,
documentation on the origin and ownership of the animals, the place, date and time of dispatch, the expected place of destination and the expected duration of carriage,
the carrier's authorisation to perform the carriage of live animals,
a certificate of approval of the vehicle intended for the carriage of live animals,
a list of the border crossings through which carriage may be performed.

The sender is liable for ensuring that the animals have undergone the prescribed veterinary inspection and that the conditions laid down for carriage by the veterinary care regulations are complied with. It is further liable for ensuring that animals carried without crates are suitably secured and provided for on the vehicle. Where a dangerous animal is carried, the sender must note this in the transport document and shall provide an escort by a professionally qualified attendant.

Live animals may be carried only in a vehicle whose construction and equipment are approved for this purpose. The vehicle must protect the health and safety of the vehicle crew and of road users, protect the safety and health of the animals carried, prevent soiling of the road and make it impossible for the public to be disturbed.

The carrier is obliged to ensure the protection of the animals carried against cruelty.

International carriage of dangerous goods by road freight transport (ADR)

Dangerous goods which, because of their toxicity, flammability, explosiveness, spontaneous combustibility, infectiousness, radioactivity or other property, pose a threat to the health and life of persons, animals or plants, or to components of the environment, may be carried only under exceptional conditions. Only dangerous goods defined by an international agreement, and under the conditions laid down by that agreement, may be carried by road.

For such carriage the carrier must have the necessary technical base and special vehicles which, by their construction, equipment and operation, are designed, manufactured and approved for such carriage.

In the carriage of dangerous goods the following must be in the vehicle:

a CMR consignment note stating that the carriage concerns substances to which the ADR Agreement applies,
instructions in writing for the event of an accident,
a certificate of approval of the vehicle,
a certificate of training of the vehicle crew,
a permit for the performance of the carriage.

Requirements for the vehicle crew

The vehicle crew and other persons taking part in loading or unloading must be trained for this type of carriage. The training certificate forms part of the documentation accompanying the carriage. Every 5 years the driver must produce a certificate of successful completion of a refresher course.

Before commencing the carriage, the crew is obliged to check the accompanying document and any other documents provided by the carrier (haulier) in order to establish whether the dangerous goods may be carried in road transport and, if so, by which vehicles and under what conditions. The crew must also familiarise itself with the instructions for carrying out the carriage and the instructions for the event of an accident provided by the sender.

Documents required in the carriage of dangerous goods

a consignment note in which the sender is obliged to confirm to the carrier (or in a special declaration) that the goods handed over for carriage may be carried by road under the ADR Agreement,
instructions in writing for the event of an accident are intended for the vehicle crew and contain basic instructions on how to proceed in the event of an accident or other emergency. They are prepared by the manufacturer or the sender in writing, in a language which the driver understands and which is a language of a member state of the ADR Agreement,
a certificate of approval of the vehicle for the given type of carriage. This certificate is valid for certain dangerous substances and articles,
a certificate of training of the vehicle crew,
a permit for the performance of the carriage.

Procedure in the event of a traffic accident abroad and the settlement of its consequences

In the event of a traffic accident, it is essential to ensure the rescue of, and assistance to, injured persons and to avert the danger of a further accident. The driver is obliged to apply the brakes, switch on the hazard warning lights, place a warning triangle, etc. The driver shall memorise the situation or make a sketch of the position of the persons involved, vehicles, other objects and the exact time of the accident. The driver shall further establish what the visibility conditions were, what the road and the traffic on the road looked like, and shall try to record the registration numbers of vehicles passing at the critical time after the traffic accident. If the driver or another member of the crew does not feel well after the traffic accident, he must, without further delay, seek a doctor, having regard to possible internal injuries.

Where the results of the investigation at the scene clearly indicate fault on the part of the other party, it is advisable for the injured party to request the services of an accident assessor, who will arrange the necessary particulars for the preparation of an expert opinion. The injured party is obliged to pay the costs of preparing the expert opinion, which it will claim, together with the further damage, in compensation proceedings against the wrongdoer or its liability insurer.

The carrier is obliged to insure the vehicle, for the case of an accident, against damage caused by the operation of its motor vehicle, by means of the so-called "green card". In accordance with Act No. 468/1996 Coll. on road transport, as amended, the carrier has the vehicle crew insured for the case of the need for medical treatment (insurance of medical expenses abroad).

Final provision

Together with the customer for the carriage, JÁN VRŠKA TRANSPORT-SPEDITION may, by mutual agreement, amend or supplement these Terms of Carriage. The relevant amendments and supplements must be incorporated in the contract of carriage pursuant to § 610 et seq. of the Commercial Code.

Liability under the contract of carriage, limitation of claims, claims and complaints, and the lien (right of pledge) are governed by the relevant provisions of the Commercial Code and the Civil Code.

These Terms of Carriage take effect on 1 January 2010 and are binding on all participants in the transport process within the carrier JÁN VRŠKA TRANSPORT-SPEDITION, 956 35 Nedašovce 92, IČO 33415943.

The valid statutory provisions of the Civil Code, the Commercial Code and Act of the National Council of the Slovak Republic No. 168/1996 Coll. and subsequent regulations are not affected by these Terms of Carriage.

Bánovce nad Bebravou, 1 January 2010