Road Freight Transport Terms of Carriage
This is a translation for information purposes. The legally binding version is the Slovak original (Slovenčina).
Vega Camion spol.s.r.o., with its registered office at E.T.Böhma 5, 036 01 Martin, pursuant to Section 4 of Act No. 56/2012 Coll. on Road Transport (zákon o cestnej doprave), as amended, hereby issues these road freight transport regulations.
Part I – Basic Provisions
Article 1 – Introductory Provisions
(1) These transport regulations set out the carrier's conditions of carriage required for the conclusion of a contract of carriage within the meaning of the Civil Code or the Commercial Code, as amended.
The carrier under these transport regulations is Vega Camion spol.s.r.o., with its registered office at E.T.Böhma 5, 036 01 Martin, which operates a road haulage business on the basis of: the District Office Žilina, Department of Road Transport and Roads (file number: OU-ZA-OCDPK-2016/018646), and European Economic Community licence No. 15/009656/2.
(2) Carriage under these transport regulations means the movement of goods, loads, industrial products and other requested types of goods in international and domestic road freight transport.
Article 2 – Type of Road Transport Operated and Scope of Transport Services Provided
(1) The carrier performs road freight transport within the following scope
a) domestic road freight transport,
b) international road freight transport.
(2) Nature of the road freight transport performed
- full-load consignments,
- part-load (groupage) consignments.
(3) Full-load consignments are consignments carried for a single shipper (consignor or consignee) in a single vehicle run, where their weight exceeds 2500 kg, or irrespective of their weight:
a) where they use up the payload or the loading space of the vehicle used,
b) where, by agreement with the shipper, the consignment is carried on a special dedicated vehicle run, or because the nature of the consignment or the performance of the carriage within the required time so requires,
c) where, for operational reasons, the consignment is loaded or unloaded at two or more places. It is also deemed a single vehicle run where the carrier has transferred the load to another vehicle for operational reasons.
(4) An additional load (part-load) is a consignment carried together with other consignments, or on a vehicle run that would otherwise have to be made without a load.
Article 3 – Definition of Goods Carried by the Carrier
(1) In view of its current technical resources, the carrier primarily carries full-load consignments, but also carries part-load consignments.
(2) Types of carriage according to technical resources, in particular the vehicle fleet
a) Carriage of palletised goods
b) Paper in rolls
c) Carriage of foodstuffs
d) Carriage of other types of goods on the basis of shippers' orders
(3) Other types of carriage are performed on the basis of detailed orders from shippers.
Article 4 – Goods Excluded from Carriage
(1) The following are excluded from carriage
a) goods whose carriage is prohibited by generally binding legislation,
b) dangerous goods within the meaning of the current European Agreement concerning the International Carriage of Dangerous Goods by Road (hereinafter the "ADR Agreement"),
c) items which, owing to their dimensions or weight in relation to the payload and dimensions of the vehicles and the condition of the roads to be used for the carriage, are unsuitable for carriage by the carrier's vehicle,
d) goods of high or hard-to-quantify value (art collections, antiques, etc.).
(2) In view of its current technical resources, the carrier does not carry live animals.
(3) The carrier does not perform exceptionally heavy or oversized (abnormal load) transport that would require specialised technical resources.
(4) If a consignment that is excluded from carriage, or whose carriage is permitted only under special conditions, has been tendered for carriage without the carrier being informed of that nature of the consignment, or if such a consignment has been accepted for carriage on the basis of incorrect or incomplete information, the consignor shall pay a contractual penalty equal to three times the agreed carriage charge for a full-load consignment.
Article 5 – Conditions for Placing Vehicles for Loading and Unloading and Scope of Cooperation of the Consignor and Consignee with the Carrier
(1) The carrier, as well as consignors and freight forwarders, shall ensure that the contractually agreed transport schedules comply with Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85. This concerns in particular observing the operating hours of the consignor's loading points and the consignee's unloading points, and keeping to loading and unloading times so that the carrier's drivers are able to comply with the rules on driving time, breaks, and daily and weekly rest periods.
(2) The consignor shall tender for carriage, in proper packaging suited to road transport conditions, any consignment or part thereof which by its nature needs to be protected against damage or loss during carriage and handling.
(3) The consignor shall also properly pack the consignment where there is a risk that, without packaging, its properties could cause harm to persons or damage to other consignments, the means of transport or other equipment of the carrier during carriage. The carrier does not examine whether the nature of the consignment requires packaging or whether the packaging used is adequate. The consignor is liable for damage caused during carriage to other consignments carried or to the vehicle as a result of defective or inadequate packaging.
(4) The consignor shall ensure that the packaging of the consignment or of its individual packages, by its dimensions, construction and strength, permits the use of palletisation and mechanised handling equipment during loading operations and carriage.
(5) The consignor shall mark the consignment or its individual packages where these transport regulations so prescribe or where this is necessary to facilitate handling of the consignment or to eliminate the risk of its damage or mix-up. In the carriage of part-load consignments, the consignor shall mark each consignment clearly and indelibly with the addresses of the consignor and the consignee. When marking consignments containing dangerous goods, the consignor shall comply with the provisions of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).
(6) Where the nature of the consignment requires it to be handled in a particular manner during loading, carriage and unloading, or to be stowed in a particular position, the consignor shall mark each package of the consignment with a handling mark for transport packaging in accordance with the applicable Slovak Technical Standards (STN) or other standards (e.g. IMO, if the consignment is also to be carried by sea).
(7) If, on taking over the consignment, the carrier finds that the consignment does not meet the conditions for packaging and marking of goods, it shall refuse the carriage; if the consignor confirms the carrier's reservation regarding the packaging and marking of the consignment entered in the consignment note or other transport document, the carrier may accept the consignment for carriage.
(8) The carrier is entitled at any time to check whether the consignment corresponds to the shipper's entries in the transport documents (e.g. delivery note, consignment note). Inspection of the consignment at the place of loading or unloading shall be carried out in the presence of at least one person who is not an employee of the carrier.
(9) If, before the vehicle leaves the place of loading, the carrier finds that a consignment excluded from carriage has been accepted for carriage, it shall return it to the consignor, and the consignor shall take it back.
(10) If, on taking over the consignment, a defect is found such that its carriage could cause damage to the vehicle or to a consignment carried with it, the carrier is entitled to refuse to accept the consignment for carriage; if the defect is discovered only during carriage, the carrier shall interrupt the journey. Where the journey is interrupted, the carrier shall proceed as in the case of other obstacles to carriage.
(11) The consignor shall hand over the consignment to the carrier in a condition fit for carriage by road. If the consignment is not fit for carriage or a defect within the meaning of paragraph (10) has been found, the carrier may refuse to accept it for carriage. The consignor shall reimburse the carrier for the costs associated with placing the vehicle for loading, the detention of the vehicle during loading, or the costs associated with the interruption of carriage under paragraph (10).
(12) If the consignment consists of a large number of packages, the carrier is obliged to check their number only if this has been agreed with the consignor in the contract of carriage. The carrier shall record the result of the check in the consignment note or draw up a written record.
(13) The weight of the consignment means the weight of the load including pallets, transport crates, containers, etc., together with the consignor's handling and transport aids taken over together with the consignment.
(14) The weight of the consignment is determined by the consignor, who is responsible for this information, which is stated in the consignment note or in other accompanying documents.
(15) The carrier is entitled at any time to check the weight of the consignment, in particular if it has doubts as to the accuracy of the figure given by the consignor. The weight is determined by official weighing, or by calculation where the quantity of the load is given as a number of identical individual packages or a number of units of measurement and the weight of one package or unit of measurement is known or has been determined by weighing.
(16) The carrier shall record the method of checking the weight and the result of the check on all copies of the consignment note or other transport document available at the time of the check.
(17) The consignor shall bear the costs associated with determining the weight of the consignment (e.g. official weighing, etc.) if it requested the carrier to determine the weight in the contract of carriage, or if the weight of the consignment determined by the carrier differs by more than 3 % from the weight stated by the consignor.
(18) If the determination of the weight of the consignment was requested by the consignee, the consignee shall likewise bear the costs associated with determining the weight of the consignment.
(19) The consignor in the Slovak Republic acknowledges that if, without the knowledge of the vehicle driver or its operator, it exceeds, when loading the goods, the maximum permissible gross vehicle weight, the maximum permissible weight of the vehicle combination, the maximum permissible gross weight of the trailer or the maximum permissible axle load of the vehicle, it may be penalised by the competent police force under Act No. 8/2009 Coll. on Road Traffic (zákon o cestnej premávke), as amended.
(20) If the carrier finds, while still at the place of dispatch, that the permitted load weight has been exceeded or that the load has been poorly distributed through the fault of the consignor, the consignor shall unload part of the consignment or restow it. If the carrier discovers this only during carriage, e.g. owing to incorrect information on the weight of the consignment, it is entitled to unload part of the consignment or transship it at the expense and risk of the consignor. The carrier shall inform the consignor that the consignment is to be transshipped or partly unloaded and shall also record these operations in the transport document. The consignor shall issue a separate transport order for the carriage of the unloaded part of the consignment.
(21) The consignor shall specify precisely in the contract of carriage the place of loading and unloading (exact address) and shall also notify the carrier of any restrictions on access by certain goods vehicles, or at certain times, to the place of loading or unloading. For example, whether the place is located in a low-emission zone, or in a zone with access restrictions for goods vehicles of a certain gross weight, a certain axle load, etc. The consignor shall also state the consignee's operating hours or the times at which unloading can be carried out.
(22) Loading is generally the responsibility of the consignor and unloading that of the consignee, unless otherwise agreed between the carrier and the shipper.
(23) In the Slovak Republic, loading and unloading of goods on the road is permitted only where this cannot be done off the road. The load must be unloaded and loaded as quickly as possible and in such a way that road safety is not endangered.
(24) Under the contract of carriage, the vehicle crew is not obliged to carry out the loading and unloading of the vehicle. The carrier will carry out loading or unloading only if it has the necessary operating equipment and staff, and this has been expressly agreed in the contract of carriage for an agreed surcharge on the carriage charge. Under occupational safety regulations, the carrier's vehicle crew may not use the shippers' handling equipment unless they have been trained in its operation and have the shippers' written consent.
(25) The consignor shall take in good time all measures necessary for smooth loading and for protecting the consignment against damage. The shipper (consignor and consignee) shall ensure conditions for safe working and for the efficient use of the carrier's vehicles. In particular, the shipper shall ensure that loading and unloading points and equipment are maintained in a condition allowing quick and safe loading and unloading of consignments, ensure sufficient surfacing of all areas used by vehicles, including non-public access roads, and their maintenance in a passable and safe condition, as well as sufficient lighting of vehicle loading and unloading points.
(26) In general, the shipper (consignor) is responsible for securing the load on the vehicle, as it has the relevant knowledge of the consignment. The consignor shall provide accurate information about the consignment concerning the weight and dimensions of the individual packages. If the consignor has drawn up instructions for loading and securing loads in road freight transport, it shall provide them to the carrier sufficiently in advance of the start of carriage in a language the carrier understands.
(27) The driver (the carrier's representative) shall be present during loading and, where appropriate, give directions on the distribution of the load on the vehicle, e.g. with regard to even distribution of the weight of the goods carried over the vehicle's axles and to ensuring that the safety and flow of road traffic are not endangered during carriage. If the consignor disregards the carrier's instructions and loading errors occur as a result, in particular overloading of the vehicle, the carrier is entitled to demand that the load be restowed on the vehicle or that the load or part of it be unloaded. If the carrier's demand is not met, it may refuse to perform the carriage or arrange for proper unloading and stowage of the load at the expense and risk of the consignor.
(28) Where the shipper carries out the loading and unloading of the vehicle, it shall take care that the vehicle and other equipment of the carrier are not damaged. In particular, heavier loads must not be dropped onto the vehicle from a significant height.
(29) If the loading space of the vehicle becomes heavily soiled during loading or unloading or by the load carried, the shipper shall, at its own expense, have it cleaned after the consignment has been unloaded and, in the case of repeated carriage, after the last unloading has been completed. If the shipper fails to fulfil this obligation, the carrier shall have the vehicle cleaned at the shipper's expense.
(30) If the vehicle needs to be disinfected, the carrier shall arrange this. The costs associated with disinfection shall be borne by the shipper whose consignment made disinfection necessary.
(31) If washing out of a tank vehicle, tank container or tank body is required before loading a different type of cargo, the shipper shall notify the carrier of this in the transport order or in the framework contract of carriage. The costs associated with washing out shall be borne by the shipper.
(32) The consignee may refuse to accept the consignment or part thereof on the grounds of damage during carriage only if the damage has altered the condition of the consignment to such an extent that it cannot be used for its original purpose. However, the consignee is not obliged to take delivery of the consignment unless the carrier draws up a record of the damage to the consignment in the presence of both parties concerned. The record may also be made in the transport document.
(33) The carrier (a member of the vehicle crew) shall raise any reservations regarding the method of loading, transshipment and unloading against the consignor, the consignee or other persons in writing, for example in the consignment note.
(34) Unless otherwise agreed in the contract of carriage, the carrier's waiting time (demurrage) during loading or unloading means the time from the requested time of placing the carrier's vehicle for loading or unloading until the start of loading or unloading, and any interruption of these operations not caused by the carrier, including the issuing of the transport documents for the consignment. The carrier may claim financial compensation for waiting time, which should be agreed in the contract of carriage.
Part II – Method of Conclusion and Validity of the Contract for the Carriage of Goods in Domestic Road Freight Transport
Article 6 – Basic Provision on the Contract for the Carriage of Goods in Domestic Road Freight Transport
(1) Where carriage is ordered from the carrier by a business entity and a contract of carriage is concluded, it shall be governed by the provisions of Sections 610–629 on the contract for the carriage of goods of Act No. 513/1991 Coll., the Commercial Code (Obchodný zákonník), as amended.
(2) Under a contract for the carriage of goods, the carrier undertakes to the consignor to carry the goods (consignment) from a specified place (place of dispatch) to another specified place (place of destination), and the consignor undertakes to pay it a fee (the carriage charge).
(3) The carrier is entitled to require the consignor to confirm the requested carriage in a transport document, and the consignor is entitled to require the carrier to confirm in writing that it has taken over the consignment.
(4) If special documents are required for the performance of the carriage, the consignor shall hand them over to the carrier no later than when handing over the consignment for carriage. The consignor is liable for damage caused to the carrier by failure to hand over these documents or by their inaccuracy.
(5) Unless the contract provides otherwise, the contract shall lapse if the consignor has not requested the carrier to take over the consignment within the time specified in the contract, or otherwise within six months of the conclusion of the contract.
(6) The carrier shall perform the carriage to the place of destination with professional care within the agreed time limit, or otherwise without undue delay. In case of doubt, the time limit begins to run on the day following the carrier's taking over of the consignment.
(7) If the consignee is known to the carrier, the carrier shall deliver the consignment to the consignee or, if under the contract the consignee is to collect the consignment at the place of destination, notify the consignee that the carriage has been completed.
(8) Until the carrier has delivered the consignment to the consignee, the consignor is entitled to require that the carriage be interrupted and the consignment returned to it, or that it be otherwise disposed of, and shall reimburse the costs reasonably incurred in connection therewith.
(9) If the contract provides that, before delivering the consignment, the carrier is to collect a certain sum of money from the consignee (cash on delivery) or perform another collection operation, the provisions on documentary collection (Section 697 et seq. of Act No. 513/1991 Coll., the Commercial Code) shall apply mutatis mutandis.
(10) Where the carriage of goods is ordered from the carrier by a natural person who is not an entrepreneur, a contract for the carriage of goods is concluded under Sections 765–773 of Act No. 40/1964 Coll., the Civil Code (Občiansky zákonník), as amended.
Article 7 – Obligations of the Party Ordering Carriage and of the Consignee
(1) The party ordering carriage, most commonly the consignor, shall provide the carrier with correct information on the contents of the consignment and their nature, and is liable for damage caused to the carrier by breach of this obligation.
(2) The consignor shall order the carriage from the carrier. An order by e-mail, fax or telephone is sufficient, provided that a written order is subsequently issued, unless otherwise agreed between the carrier and the consignor.
(3) A transport order may be issued for a single carriage or for a certain number of carriages. If carriages are to be repeated and are to continue over a longer period, it is preferable for the carrier and the party ordering carriage to conclude a framework contract of carriage.
(4) The transport order must contain the information necessary to perform the carriage and to issue an invoice in accordance with applicable legislation. For the contract of carriage to be properly concluded, the order or the proposed contract of carriage must contain the following information:
a) the business name of the party ordering carriage, address, Company ID (IČO), VAT ID (IČ DPH), e-mail, telephone number and, where necessary, other contact details,
b) information on the consignment (type, gross weight (weight including packaging and pallets), number of packages, dimensions, load securing requirements, etc.),
c) the place of dispatch and the place of destination of the consignment (exact address),
d) if required, the time of loading and the time of unloading,
e) for consignments being carried for repair, also information on the type and extent of the damage.
f) the agreed fee for performing the carriage (the carriage price).
(5) Unless otherwise agreed, the transport order must be submitted so that two working days elapse between the day the carrier receives the order and the day of the requested carriage.
(6) If special documents are required for the performance of the carriage, the consignor shall hand them over to the carrier no later than when handing over the consignment for carriage. The consignor is liable for damage caused to the carrier by failure to hand them over or by their inaccuracy.
(7) When ordering carriage, the party ordering carriage shall inform the carrier if the value of the consignment is higher than the usual market price.
(8) For the carriage of goods with a value exceeding 33000€, the party ordering carriage shall notify the carrier of this value and provide evidence of it, with regard to the carrier's liability insurance for the carriage of the consignment.
(9) At the consignor's request, the carrier shall confirm in writing that it has taken over the consignment.
(10) The contract of carriage between the party ordering carriage (the consignor or the consignee) and the carrier is concluded
a) by acceptance of the order,
b) in the case of carriage that does not need to be ordered, by commencement of the carriage,
c) by taking over the consignment for carriage.
(11) The order is accepted
a) when an oral or telephone agreement is reached between the carrier and the consignor on the scope, time and, where applicable, the manner of performing the requested carriage, or
b) at the moment when the carrier's confirmation of its acceptance, given in writing, by e-mail, by fax or by any other reliable means, reaches the party ordering carriage; if the consignor requests such confirmation, the carrier shall comply,
c) upon commencement of the ordered carriage by the carrier, if the order has not been accepted under the preceding points.
(12) If the carrier accepts the consignee's proposal for onward carriage of the consignment to another consignee, a new contract of carriage is concluded.
(13) On accepting a transport order or concluding a contract of carriage, the carrier may require the party ordering carriage to pay an advance of up to 80 % of the agreed or provisional carriage price. The carrier shall duly confirm receipt of the advance and issue the required tax documents (e.g. an advance invoice).
(14) Until the consignment has been delivered, the consignor has the right to give the carrier new instructions under the conditions laid down in these transport regulations.
(15) The carrier is entitled to the agreed fee or, if no fee has been agreed, to the fee customary at the time the contract was concluded, taking into account the content of the carrier's obligation.
(16) The carrier becomes entitled to the carriage charge upon completion of the carriage to the place of destination, unless the contract specifies another decisive price.
(17) If the carrier is unable to complete the carriage owing to circumstances for which it is not responsible, it is entitled to a proportionate part of the carriage charge, taking into account the carriage already performed.
(18) If a consignee is specified in the contract, the consignee acquires rights under the contract when it requests delivery of the consignment after its arrival at the place of destination or after the expiry of the period within which it should have arrived there. At that moment, claims relating to damage to the consignment also pass to the consignee. However, the carrier shall not deliver the consignment to the consignee if this would be contrary to the instructions given to it by the consignor. In that case, the consignor continues to have the right to dispose of the consignment. If the consignor designates to the carrier a person other than the consignee, that person acquires rights under the contract in the same way as the original consignee.
(19) By accepting the consignment, the consignee assumes liability as guarantor for payment of the carrier's claims against the consignor under the contract relating to the carriage of the accepted consignment, if the consignee knew or must have known of those claims.
(20) To secure its claims arising from the contract, the carrier has a right of retention (lien) over the consignment for as long as it is able to dispose of it.
(21) If the consignment is subject to several rights of retention, the carrier's right of retention takes precedence over rights of retention that arose previously.
(22) The carrier's right of retention takes precedence over the freight forwarder's right of retention.
Article 8 – Carrier's Liability for Damage to the Consignment and for Non-Compliance with the Conditions of Carriage
(1) The carrier is liable for damage to the consignment occurring between its taking over by the carrier and its delivery to the consignee, unless the carrier could not have prevented the damage by exercising professional care.
(2) However, the carrier is not liable for damage to the consignment if it proves that the damage was caused:
a) by the consignor, the consignee or the owner of the consignment,
b) by a defect in or the inherent nature of the contents of the consignment, including normal wastage,
c) by circumstances which the carrier could not avoid; these are cases of force majeure, for example damage to the load caused by floods, earthquakes, fire, avalanches, etc.
d) by defective packaging to which the carrier drew the consignor's attention when taking over the consignment for carriage and, if a consignment note was issued, the defectiveness of the packaging was noted in it; if the carrier did not draw attention to the defective packaging, the carrier is not liable for damage to the consignment resulting from that defect only if the defect was not apparent when the consignment was taken over. The carrier has the right to enter reservations concerning the packaging and condition of the consignment in the transport document or delivery note, which remains with the consignor.
(3) In the event of damage to the consignment arising under paragraph (2), the carrier shall exercise professional care to keep the damage to a minimum.
(4) In the event of loss or destruction of the consignment, the carrier shall compensate the value the consignment had at the time it was handed over to the carrier.
(5) In the event of damage to or deterioration of the consignment, the carrier shall compensate the difference between the value the consignment had at the time it was taken over by the carrier and the value the damaged or deteriorated consignment would have had at that time.
(6) Under a contract for the carriage of goods governed by the Civil Code, in the event of loss or destruction of the consignment the carrier shall compensate the value the lost or destroyed consignment had at the time it was taken over for carriage. In addition, the carrier shall bear the costs reasonably incurred in connection with the carriage of the lost or destroyed consignment. In the event of damage to or partial loss of the consignment, the carrier shall pay the amount by which the value of the consignment has been reduced; if it is expedient to carry out a repair, the carrier shall pay the costs of repair. The carrier is liable for the above damage up to a value of 10 000€. The carrier shall perform the carriage with professional care and within the specified time limit. The carrier is liable for damage arising from the carriage of goods other than damage to the consignment carried only if it was caused by exceeding the delivery time limit. The carrier's liability for damage caused by exceeding the delivery time limit is limited to the amount of the carriage charge. The consignor or the consignee must clearly prove the damage caused by the carrier.
(7) The carrier shall promptly notify the consignor of any damage to the consignment occurring before its delivery to the consignee. However, if the consignee has acquired the right to delivery of the consignment, the carrier shall give this notice to the consignee. The carrier is liable for damage caused to the consignor or the consignee by breach of this obligation.
(8) If substantial damage to the consignment is imminent and there is no time to request instructions from the consignor, or if the consignor delays in giving such instructions, the carrier may sell the consignment in an appropriate manner for the account of the consignor.
(9) The carrier may perform its obligation through another carrier and is liable as if it had performed the carriage itself.
(10) For damage caused to the consignor by non-performance of carriage for which a written contract of carriage had already been agreed, the carrier is liable only up to the amount of the proven expenses associated with the needless preparation of the consignment for carriage.
(11) The consignor must assert its right to compensation for damage against the carrier in writing only, and must substantiate its claims. It must also attach documents proving the legitimacy of its claim and the correctness of the amount claimed, together with the relevant copy of the transport document.
(12) The consignor must assert its right to compensation for damage against the carrier within six months of delivery of the consignment to the consignee or, if the consignment was not delivered, within six months of the consignment being taken over for carriage; otherwise the right shall lapse.
Article 9 – Conditions for Amending and Withdrawing from the Contract of Carriage
(1) Until the consignment has been delivered, the consignor may require that the carriage be interrupted and the consignment returned to it, or that it be otherwise disposed of by agreement with the carrier, and the consignor shall reimburse the costs reasonably incurred in connection therewith.
(2) The consignee may propose that the consignment be delivered to it at another place of unloading.
(3) The carriage charge and other costs associated with implementing an amendment to the contract of carriage shall be borne by the consignor in the case of paragraph (1) and by the consignee in the case of paragraph (2).
(4) The provisions of Article 7 also apply to a proposal to amend the contract of carriage.
(5) If, after the contract of carriage has been agreed, the need for carriage ceases, the consignor shall notify the carrier of this without delay.
(6) If the carriage was cancelled only after the vehicle had set off for the agreed place of loading, or the vehicle had already been placed at that place, and the consignment was not tendered for carriage for reasons attributable to the consignor, the carrier is entitled to compensation for the costs incurred in connection therewith.
(7) If the carrier is unable to perform the agreed carriage, or unable to perform it under the agreed conditions or the conditions laid down in these transport regulations, it shall notify the consignor of this without delay. If the new conditions proposed by the carrier are not acceptable to the consignor, the consignor is entitled to withdraw from the contract of carriage; the consignor may also withdraw from the contract if, without prior agreement with the consignor, the vehicle has not been placed within three hours of the agreed time for placing the vehicle.
(8) If, after the consignment has been accepted for carriage, an obstacle arises that prevents the carriage from being commenced or continued, or prevents delivery of the consignment, and no further procedure for such a case has been agreed with the consignor, the carrier shall request instructions from the consignor without delay.
(9) The carrier need not notify the consignor in the case of a temporary obstacle (e.g. the need to transship the consignment) where obtaining the consignor's instructions would take longer than removing the obstacle.
(10) If the obstacle ceases before the consignor's subsequent instructions have been carried out, the carrier shall proceed in accordance with the originally agreed conditions. The consignor may give instructions in the transport document itself as to how the consignment is to be dealt with should an obstacle to carriage arise in the performance of the contract of carriage.
(11) If, under the preceding provisions, the consignment can neither be delivered to the consignee nor returned to the consignor, the carrier shall arrange for its storage; the carrier shall notify the consignor of the storage of the consignment without delay. The costs associated with storage shall be borne by the consignor.
Article 10 – Transport Documents in Road Freight Transport
(1) The transport document accompanies the consignment until its delivery or, where applicable, its disposal. The consignor shall hand over a duly completed transport document to the carrier, or shall provide the carrier with the information concerning the consignment and, once it has been entered, for example by the carrier, in the consignment note, confirm it by signature; alternatively, the carrier may agree otherwise as regards the transport document.
(2) Unless otherwise agreed, the transport document is handed over to the carrier together with the consignment.
(3) The transport document must contain at least the following information:
a) the name of the consignor and of the consignee,
b) the usual description of the contents of the consignment and of its packaging,
c) the number of packages,
d) the total weight of the consignment,
e) the place of loading and the place of unloading,
f) the date and confirmation of receipt of the consignment by the carrier and by the consignee,
g) space for the carrier's reservations.
(4) In domestic road freight transport, the transport document is
a) a consignment note completed and handed over by the consignor,
b) a delivery note, provided that it meets the above conditions.
(5) If the consignment is loaded or unloaded at several places, the consignor shall hand over a separate transport document for each part of the consignment. For certain types of carriage, the information in the transport document may be simplified.
(6) The carrier and the shippers (consignor and consignee) are responsible for the accuracy and completeness of the information they enter in the transport document.
(7) The carrier has the right to enter in the transport document its reservations concerning the type of vehicle used at the request of the party ordering carriage, the condition of the consignment, its packaging, the number of packages and the method of loading.
(8) For the carriage of foodstuffs, the consignor is required to provide additional documents prescribed by applicable legislation, which are set out in the further parts of these transport regulations.
Part III – Carriage of Foodstuffs
Article 11 – Basic Provision on the Carriage of Foodstuffs
(1) Perishable foodstuffs may be carried by road freight transport in accordance with the requirements of the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage (ATP), Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs, Act of the National Council of the Slovak Republic No. 152/1995 Coll. on Foodstuffs (zákon o potravinách) and related legislation.
(2) If it is necessary to open the vehicle or transport equipment, e.g. for the purpose of an inspection, it must be ensured that the foodstuffs are not exposed to procedures or conditions contrary to the provisions of the ATP Agreement and the International Convention on the Harmonization of Frontier Controls of Goods.
(3) The temperature of the frozen and deep-frozen foodstuffs specified in the ATP Agreement that are intended for immediate further processing at the place of destination may be allowed to rise gradually during carriage so as to reach, at the place of destination, the temperature specified by the consignor in the transport document. This temperature must not be higher than the maximum temperature prescribed for the same type of foodstuff in the annexes to the ATP Agreement on temperature conditions for the carriage of certain foodstuffs which are neither frozen nor deep-frozen.
(4) Perishable foodstuffs in respect of which the prescribed temperature conditions were not met during carriage may be disposed of only on condition that the competent authority of the Contracting State issues permission for further disposal of the goods in compliance with hygiene requirements.
(5) The requirements of the ATP Agreement do not apply to the carriage of foodstuffs not intended for human consumption.
(6) The carrier is not responsible for the quality and safety of foodstuffs that it takes over from the consignor for carriage.
Article 12 – Obligations of the Carrier in the Carriage of Foodstuffs
(1) For the carriage of frozen and deep-frozen foodstuffs listed in the annexes to the ATP Agreement, the carrier shall select and use such a vehicle or transport equipment that, during carriage, the maximum temperature of the foodstuffs at any point does not exceed the temperatures specified in the annexes to the ATP Agreement.
(2) When carrying foodstuffs listed in the annexes to the ATP Agreement, the carrier shall keep in the vehicle a valid certificate of conformity of the vehicle and transport equipment with the requirements of the ATP Agreement. For other foodstuffs, this must be agreed in the contract of carriage.
(3) The carrier shall ensure that the distinguishing marks and particulars required by the annexes to the ATP Agreement are affixed to the vehicles or transport equipment. The marks must be removed as soon as the vehicle or transport equipment ceases to conform to the standards laid down in Annex 1 to the ATP Agreement.
(4) The carrier shall ensure that the vehicle or transport equipment used for the carriage of deep-frozen foodstuffs is fitted with a suitable recording instrument to monitor, at frequent and regular intervals, the air temperature inside the loading space. The temperature records obtained in this way must be dated and kept by the carrier for at least one year, or longer depending on the nature of the foodstuffs or the requirements agreed in the contract of carriage.
(5) If the consignor or the consignee (depending on which of them concludes the contract of carriage) specifies in the contract of carriage requirements for cleaning and disinfection of the loading space of the vehicle or transport equipment, and the documents certifying this, the carrier shall arrange for the cleaning or disinfection and produce the required document at the request of the consignor or the consignee. The costs associated with cleaning or disinfection are, as a rule, borne by the party requesting this service, unless otherwise agreed in the contract of carriage.
(6) When carrying foodstuffs and ingredients for their production, the carrier shall comply with the provisions of Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs and Act No. 152/1995 Coll. on Foodstuffs, as amended and supplemented:
a) ensure the carriage of foodstuffs and ingredients for their production in suitable and appropriately equipped vehicles and transport equipment in such a way as to preserve their safety and quality,
b) take care of the cleanliness of vehicles and transport equipment and carry out their disinfection,
c) use for carriage only vehicles and transport equipment whose walls and other parts that come into contact with foodstuffs are made of non-corrosive material, do not otherwise adversely affect the safety or quality of the foodstuffs, and are smooth and easy to clean and disinfect,
d) ensure effective protection of the foodstuffs carried against rodents, birds, insects, dust and other contamination, and carry them under such conditions that their temperature does not rise or fall during carriage in a way that could adversely affect the safety and quality of the foodstuffs,
e) ensure separate carriage of incompatible types of products that mutually affect each other's safety and quality.
Article 13 – Obligations of the Consignor and the Consignee in the Carriage of Foodstuffs
(1) The consignor shall ensure that the transport document states the name of the foodstuff, whether it is deep-frozen or frozen, and that it is intended for immediate further processing at the place of destination.
(2) The consignor shall attach to the transport document all other necessary documents that are to accompany the particular type of foodstuff during carriage.
(3) If the consignor so requires, it must also state its requirement for the temperature of the loading space of the vehicle or transport equipment for the carriage of foodstuffs not listed in the annexes to the ATP Agreement in the transport order, the contract of carriage or the transport document, which the carrier must receive sufficiently in advance of the carriage.
(4) The consignor shall ensure that the foodstuffs it hands over to the carrier for carriage are at the temperature that it requires the carrier to maintain during carriage.
(5) If it so requires, the consignor shall state in the contract of carriage its requirements for cleaning and disinfection of the loading space of the vehicle or transport equipment and the documents on cleaning and disinfection that it will require from the carrier.
(6) Inspection and measurement of the temperature of foodstuffs by the consignor or the consignee must be carried out in such a way that the foodstuffs are not exposed to conditions that are undesirable from the point of view of food safety and quality. Inspection and measurement must be carried out before the loading or unloading of the foodstuffs. These procedures must not normally be used during carriage, except where there are serious doubts as to whether the temperatures of the foodstuffs comply with the prescribed temperatures.
(7) Where possible, the temperature check carried out by the consignee in the carriage of foodstuffs must take into account the data obtained by the monitoring device during the journey before these loaded perishable foodstuffs are selected for sampling and measurement procedures. Measurement of the temperature of foodstuffs during unloading may be undertaken only if there is reasonable doubt as to whether the controlled temperature was maintained during carriage.
Part IV – Final Provisions
Article 14 – Complaints Procedure
(1) The time limits for complaints and the limitation periods for asserting the claims of the consignor or the consignee arising from the contract of carriage with the carrier are laid down, for domestic road freight transport performed in the Slovak Republic, in the Commercial Code and the Civil Code.
(2) The entitled party (the shipper or the freight forwarder) must assert all rights arising from the carriage against the carrier in writing.
(3) The entitled party (the shipper or the freight forwarder) may request a refund of the amount paid for carriage only if it can prove that it has paid that amount to the carrier.
(4) Complaints and claims concerning the performance of obligations under these transport regulations, and their handling by the carrier in accordance with the complaints procedure, are reviewed by the Slovak Trade Inspection (Slovenská obchodná inšpekcia).
Article 15 – Publication of the Road Freight Transport Regulations and Their Validity
(1) In accordance with Act No. 56/2012 Coll. on Road Transport, the carrier has published these transport regulations on its website (www.vegacamion.eu), and they are also available at the carrier's registered office.
(2) These transport regulations are valid from 01.03.2012
(3) In accordance with Act No. 56/2012 Coll. on Road Transport, the published transport regulations form part of the carrier's proposal to conclude a contract of carriage and, once the contract has been concluded, their content forms part of the contractual rights and obligations of the parties to the contract.
(4) Before signing the contract for the carriage of goods or cargo, the party ordering carriage (the shipper) shall familiarise itself with these transport regulations.
Article 16 – Amendments to the Road Freight Transport Regulations
(1) All amendments and supplements to the transport regulations take effect on the day they are published and made available on the carrier's website.
(2) If the transport regulations are substantially amended or substantially supplemented, the carrier shall ensure that they are published and made available in their full consolidated version.
In Martin, on 24.03.2018
Name and surname of the statutory representative: Radovan Kováč, Managing Director (konateľ)