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1.1. The following terms are used in the general terms and conditions:
1.1.1. Intermediary – UAB „Visas transportas“.
1.1.2. The customer is a legal entity or an individual whose submitted Order is accepted by the Carrier and must be fulfilled in accordance with the requirements of the Order and the General Terms and Conditions.
1.1.3. Carrier – a legal entity or an individual engaged in cargo transportation, chosen by the person submitting the Order and who actually carries out the transportation of the Cargo by accepting the Cargo from the Sender and delivering the Cargo to the Recipient.
1.1.4. Sender – a legal entity or an individual who transfers the Cargo for delivery to the Recipient.
1.1.5. Recipient – a legal entity or an individual who is indicated in the Order, on the sticker affixed to the Cargo and in the Transport Document as a person entitled to receive the delivered Cargo.
1.1.6. Cargo is various types of packaged goods, products or materials intended for transportation, which are accepted by the Carrier at the designated loading location from the Sender to the designated location and handed over to the Recipient.
1.1.7. General terms and conditions – these general conditions of carriage of goods.
1.1.8. Order – the order for Freight transportation and Additional Services submitted by the Customer in accordance with the General Terms and Conditions.
1.1.9. Carriage contract – a contract for the execution of a specific Order is concluded with the mediation of the Customer and the Carrier by the Intermediary.
1.1.10. System – a system administered by the Intermediary installed on the website www.cargobooking.lt, where Orders are submitted and accepted for execution, and the execution of Orders is monitored.
1.1.11. Transport document – the CMR completed by the Sender or the Carrier (when the Cargo is transported on the territory of the Republic of Lithuania – CRM, accompanying note, manifest or other paper or electronic document), which indicates the data of the Cargo, the Sender and the Recipient and other information important for the proper execution of the Order, and according to which The Sender transfers the Cargo to the Carrier, the Cargo is transported and the Cargo is transferred to the Receiver.
1.1.12. Documents accompanying the cargo – veterinary certificates of the place of unloading, certificates of origin of the cargo, TIR Carnet, various permits, licenses, export declarations, ADR, documents required for customs formalities if the Cargo is sent outside the European Union, and other documents necessary for the transportation of the Cargo.
1.1.13. CMR insurance – Carrier’s civil liability insurance.
1.1.14. Additional services – additional Freight insurance, filling out the export declaration, filling out the import declaration, other services related to the Freight transportation, ordered for an additional fee in the Order, or provided according to a separate agreement between the Customer and the Carrier, concluded with the mediation of the Intermediary. The list of additional services is available at www.cargobooking.lt.
1.1.15. Additional costs – sums of money related to the execution of the Order, which for objective reasons could not be foreseen and included in the price of freight transportation at the time of acceptance of the Order, but are necessary for the proper execution of the Order. By submitting the Order, the Customer assumes the risk of the occurrence of Additional Costs, and if the Additional Costs occur, he pays them at his own expense.
1.1.16. Prohibited sent items – items, the transportation of which is prohibited according to the law of the place of loading, transit or unloading of the cargo. When transporting Cargo by air, prohibited items include those specified in the normative legal acts adopted by the International Civil Aviation Organization (ICAO). The list of prohibited items is published at www.cargobooking.lt.
1.1.17. Non-compensable items – items due to a change in condition compared to the condition of the corresponding items at the time of cargo transfer. The Customer assumes the risk when placing the Order. The list of non-compensable items is published at www.cargobooking.lt.
1.1.18. Remote area – the place of pickup or delivery of the Cargo specified by the Customer in an extremely remote and (or) difficult to reach (remote) area, to which additional costs are required to deliver the Cargo. Additional costs related to the pickup of the Cargo from the Remote area (related to the delivery of the Cargo to the Remote area) are paid by the Customer. The list of remote areas (postal codes) is published on the website www.cargobooking.lt.
1.1.19. Package – one unit (envelope, box, roll, pallet, etc.) of properly packed, labeled (with a unique number – bar code) items.
2.1. In the contract of carriage, the Carrier undertakes, in accordance with the requirements of the Order and the General Terms and Conditions, to collect the Cargo prepared for transportation from the Sender, deliver and hand over the Cargo to the Recipient specified by the Customer and provide the Additional Services ordered by the Customer in connection with the transportation of the Cargo, and the Customer undertakes to pay for the transportation of the Cargo and Additional Services in accordance with the procedure established by the General Terms and Conditions.
2.2. The contract of carriage between the Customer and the Carrier is deemed to have been concluded after the Carrier has submitted the Order confirmation in accordance with the General Terms and Conditions. The General Conditions are an integral part of the contract of carriage.
2.3. The Intermediary, granting the right to the Carrier and the Customer to use the System, mediates between the Customer and the Carrier in concluding the Carriage Contract, providing information about the execution of the Order and paying the Customer for the fulfillment of the Order with the Carrier. The Intermediary does not execute the Order, does not carry out Freight transportation and is not responsible to the Customer for improper performance of the Carrier’s duties (except for the cases provided for in these General Terms and Conditions).
3.1. The Customer submits the Order through the System by filling in the form established by the Intermediary and providing other necessary information.
3.2. The order specifies the Carrier chosen by the Customer, Cargo data (Cargo type, name, packaging, weight, volume, units or Cargo amount in another expression), requirements for the vehicle used to transport the Cargo, Sender data (name and surname (name), address, telephone number), contact details of the consignor’s representative (name, surname and telephone number), place of delivery of cargo for transport, date and time of vehicle presentation (date and time of preparation of cargo for delivery), data of the recipient (name and surname (title), address, telephone number), Contact details of the consignee’s representative (name, surname and phone number), Place of cargo delivery (destination), Cargo delivery term, Cargo transportation conditions (fixation, temperature maintenance, need for special equipment, etc.), Cargo transportation price, ordered Additional services and other information relevant to cargo transportation.
3.3. The Customer must submit the Order no later than 24 (Twenty-four) hours before the day of submitting the desired vehicle for Freight transportation.
3.4. The Intermediary is not responsible for the contents of the Order and before the System forwards the Order to the Carrier, the Intermediary does not check the contents of the Order. The Order submitted by the Customer through the System is sent directly to the Carrier with the help of the System, except for the cases specified in point 3.5 of these General Terms and Conditions.
3.5. If the Customer, when placing the Order, chooses not to pay in advance for the fulfillment of the Order, the Order submitted by the Customer through the System is submitted to the Carrier and the Customer is informed about this with the help of the System after the Intermediary is convinced of the Customer’s solvency and ability to pay for the fulfillment of the Order. If the Customer chooses not to pay in advance for the fulfillment of the Order, in order to ensure the fulfillment of the Customer’s monetary obligations, the Intermediary has the right to offer the Customer to conclude a contract with the Intermediary. The Customer’s solvency must be verified no later than within 1 (One) hour after the Order is submitted in the System. If, after checking the Customer’s solvency, there are doubts about the Customer’s solvency and ability to pay for the execution of the Order, the Order is not sent to the Carrier and the Customer is informed about this through the System.
3.6. The Carrier must provide a confirmation that he accepts the Order with the help of the System no later than within 1 (One) hour from the submission of the Order. Confirmation of the acceptance of the Order is provided by the Carrier through the System (if this system does not work or its operation is disrupted, confirmation of the acceptance of the Order is submitted to the Intermediary by e-mail at [email protected] and the Intermediary informs the Customer). After the Carrier submits a confirmation of the acceptance of the Order, it is considered that the Carrier has accepted the relevant Order for execution and undertakes to fulfill this Order in accordance with the requirements of the General Terms and Conditions of the Order. At the request of the Customer, in the confirmation of acceptance of the Order, the Carrier indicates the type and registration number of the vehicle provided for the transportation of the Cargo.
3.7. If, within 1 (One) hour from the submission of the Order through the System, the Carrier does not provide confirmation of the acceptance of the Order by any of the methods specified in clause 3.6 of these General Terms and Conditions, it is considered that the Carrier refuses to fulfill the relevant Order. After receiving the Customer’s notification about the Carrier’s refusal to fulfill the Order, the Intermediary cooperates with the Customer in finding alternative options for fulfilling the Order.
3.8. The Customer, who has notified the Carrier through the System and the Intermediary by e-mail [email protected], has the right to cancel the execution of the Order without any payment of delay and compensation for losses, if at the time of submission of the notification about the cancellation of the execution of the Order, there is no less than time left before the delivery of the vehicle specified in the Order for loading the Cargo 24 (Twenty-four) hours. The Order is considered canceled when the Customer receives the confirmation of the cancellation of the Order provided by the Carrier through the System or by the Intermediary via e-mail. If the execution of the order is canceled later than specified in this point, the Carrier has the right to demand reasonable and reasonable damages from the Customer.
3.9. The actions specified in clauses 3.6-3.8 of these General Terms and Conditions must be performed within the terms specified in the corresponding clauses, if the Customer has submitted the Order or performed other actions on a working day before 5:00 p.m. If the order is placed on a non-working day or after 5:00 p.m. on a working day, the terms specified in clauses 3.6-3.8 of the General Terms and Conditions are counted from 8:00 a.m. on the first working day after the day of the order submission.
3.10. The Customer, who has not received information related to the Order within the terms specified in clauses 3.6-3.9 of the General Terms and Conditions, must immediately inform the Intermediary about this by e-mail [email protected] and by phone specified on the website www.cargobooking.lt. The intermediary must immediately take measures to find out the causes of the malfunctions and present the collected information to the Customer.
3.11. Any corrections to the text of the Order, which are not approved by the Carrier and the Customer, are invalid. In the event that the Carrier changed or supplemented the terms of the Order, but the Customer did not approve the changes, and the Carrier provided a vehicle for loading the Cargo, it is considered that the Order must be executed in accordance with the original conditions of the Order submitted by the Customer and the changes (additions) made by the Carrier to the Order do not have any significance for the relevant Order for execution.
3.12. The Customer guarantees that the information provided in the Order or in any other way relating to the Cargo will be complete and correct. The Intermediary or the Carrier is not obliged to check the correctness of the information provided by the Customer. The Customer assumes all responsibility related to improper fulfillment of the Customer’s obligation to provide complete and correct information. In case of inconsistency or insufficiency of the information provided by the Customer, the Carrier, after informing the Customer through the Intermediary, may suspend the execution of the Order and must cooperate with the Customer and the Intermediary in finding solutions to the situation.
4.1. The customer must ensure compliance with these General Terms and Conditions and other usual requirements for the preparation of the Cargo for transport. The cargo would be prepared in such a way that during loading, transportation and unloading it does not pose a danger to the Carrier, third parties, the vehicle and the property in it, the environment and that it is not possible to access the contents of the Cargo without damaging the packaging.
4.2. The packaging of the cargo must be such that the items in the packaging are protected from damage or damage during loading, sorting, transportation, turning in all directions, shaking, and temperature fluctuations. Items that require a temperature regime during transportation must be sent for delivery only in thermally insulated containers.
4.3. Packages weighing more than 70.00 kg must be packed on a pallet or in some other way so that normal mechanized handling equipment (electric forklift or similar) can be used for loading operations.
4.4. Unpacked or improperly packed Cargo, the transportation of which the Customer has not agreed with the Carrier in advance, is treated as Prohibited Items.
4.5. In the case of improper packaging of the Cargo, the Carrier is not responsible for the safe transportation of the Cargo, does not compensate the Customer for damages caused by the damage, loss or shortage of the Cargo caused by the improper packaging of the Cargo, and has the right to file a claim against the Customer due to the damage caused to the Carrier or third parties due to the improper packaging of the Cargo.
4.6. The cargo may not be picked up if it is determined that the cargo was improperly prepared (packaged) or does not meet other requirements of the General Terms and Conditions. In this case, the amount paid by the Customer for the execution of the Order is partially returned to the Customer, and if the Customer has not paid in advance for the transportation of the Cargo, he must pay the price of the Order execution or the fines provided for in clause 9.5 of these terms and conditions.
4.7. Each individual unit of Cargo (Package or other) must be properly marked by pasting stickers with a bar code generated by the System or sent to the Client by e-mail by the Intermediary. A sticker with a barcode must be affixed on the side plane of the pallets of the Cargo Unit in a clearly visible place (when non-palletized Packages are transported – on the side of the Packages).
4.8. Additional requirements for packaging and marking of Cargo, which are mandatory for the Customer (Consignor), are available on the website www.cargobooking.lt.
5.1. The Customer must ensure that the Cargo is properly prepared, packed and labeled before handing over to the Carrier and that all documents accompanying the Cargo are submitted to the Carrier together with the cargo. The Customer must ensure that, together with the Cargo, the Carrier is provided with all the data and documents necessary to complete customs and other formalities, if the Cargo is sent outside the European Union.
5.2. The Carrier must deliver the vehicle for loading the Cargo to the place specified by the Customer at the time (day and hour) specified in the Order. If the Order does not specify a specific time for presenting the vehicle for cargo loading, the vehicle is presented on weekdays from 09:00 a.m. until 5:00 p.m. The provided vehicle must be technically sound, clean, leak-proof, not emitting extraneous odors, equipped with cargo securing and ADR (if necessary) equipment, meeting the requirements specified in the Order, suitable for transporting and preserving the Cargo during transportation. The presentation of a vehicle that does not meet the requirements specified in this point is equivalent to not presenting the vehicle.
5.3. The cargo must be loaded (handover to the Carrier) no later than within 2 (Two) hours from the delivery of the vehicle, unless a different term for loading the Cargo is specified in the Order and separately agreed with the Intermediary. If the Cargo is not loaded on time, the Customer shall pay the Intermediary for each hour of downtime specified in point 9.5 of the General Conditions, if the fact of downtime is confirmed by the Sender’s records in the Transport document or a separate document. The deadline for loading the Cargo specified in this point and the penalties provided for its non-fulfillment do not apply if the Carrier did not meet the deadline specified in the Order to provide the vehicle for loading the Cargo.
5.4. The Carrier must ensure that the driver driving the vehicle has all the necessary documents and tools for the trip, including, but not limited to, a copy of the Carrier’s CMR insurance policy, the vehicle owner’s compulsory civil liability insurance policy (including a green card), Carriage document forms, European Community permit to engage in international road transportation activities, a copy of all necessary licenses, travel permits, documents certifying the professional competence of the driver, equipment required for the payment of road tax, belts and other cargo securing means specified in the Order.
5.5. The driver of the vehicle presented for loading the Cargo must participate in the loading of the Cargo and check the quantity, marking and numbering of the Cargo accepted for transport according to the data of the Transport document and the documents accompanying the Cargo, check the external condition of the Cargo packaging. If the driver is not allowed to participate in the loading of the Cargo or for other reasons it is not possible to check the compliance of the Cargo being loaded with the data specified in the Carriage Document, the Carrier must make appropriate marks in all copies of the Carriage Document (including the one remaining with the Sender) and inform the Broker about it.
5.6. The Carrier, who found that the weight, dimensions of the Cargo were incorrectly specified in the Order or other incorrect data relevant to the price of the Cargo transportation, was provided, must immediately inform the Intermediary about this.
5.7. The driver of the vehicle presented for loading the Cargo, noticing that the amount of Cargo, labeling or numbering of the seats does not correspond to the data specified in the Carriage document, noticing violations, shortages, excesses in the packaging of the Cargo, make appropriate marks in all copies of the Carriage document (including the one remaining with the Sender) and notify about it’s to the Mediator. The Carrier has the right not to accept for transportation Damaged Cargo, Cargo in damaged or inappropriate packaging, unmarked or improperly marked Cargo, Cargo whose quantity, labeling or numbering does not correspond to the data specified in the Order (Carriage Document), Cargo containing Prohibited Items.
5.8. The driver of the vehicle presented for loading the Cargo must check whether the Sender has loaded the Cargo in such a way as to ensure safe transportation and avoid exceeding the permitted loads, and must properly secure the loaded Cargo with belts and other necessary fastening means.
5.9. The Customer must ensure that the Sender fulfills the Carrier’s reasonable and reasonable requirements regarding the loading, placement in the vehicle and securing of the Cargo. If the Sender refuses to comply with such requirements of the Carrier, the Carrier must immediately and without leaving the place of cargo loading inform the Intermediary and receive his instructions.
5.10. The Carrier has the right to demand that the Sender open the packaging of the Cargo, which is taken out of the Republic of Lithuania, and the Carrier can check the contents of the Cargo. After the carrier checks the contents of the cargo, the packaging of the cargo is arranged at the place of pickup of the cargo.
5.11. The cargo is transferred for carriage according to the Carriage document filled out by the Sender and signed by the Sender and the Carrier. The Sender (his representative), when signing the Transport document, must indicate his name, surname and position (if the Sender is a legal entity). The sender must use the Transportation documents generated by the System, which are marked with special numbers. If, due to the circumstances, the Sender cannot use the Transport documents generated by the System, he can use another form of the Transport document, but the number generated by the System must be indicated in the Transport document. When executing the Order, 5 (Five) copies of the Carriage document are drawn up, of which 1 (One) per Sender, Consignee, Intermediary, Carrier and Customer.
5.12. The Cargo is considered handed over and accepted for transportation when the Carrier accepts the Cargo and signs the Carriage Document.
5.13. If the Cargo is not picked up at the time specified in the Order, the Customer must immediately inform the Intermediary about this by e-mail [email protected] and by phone indicated on the website www.cargobooking.lt.
6.1. The Carrier, when choosing a vehicle for the transportation of the Cargo, the number of vehicles, the route of the Cargo transportation and performing other actions related to the transportation of the Cargo, must properly assess the possible risk of loss, damage, shortage or delay in the delivery of the Cargo, act exclusively in accordance with the interests of the Customer and take all measures , ensuring the protection of the Cargo against loss, damage or shortage and guaranteeing the proper fulfillment of the Carrier’s obligations under the Carriage Contract.
6.2. The Carrier must follow the movement route of the vehicle sent to pick up the Cargo or transporting the Cargo and enter accurate and truthful information about the location of the vehicle in the System. The Carrier, upon receiving an inquiry from the Intermediary regarding the location of the vehicle, the reasons for the delay in presenting the vehicle for loading or delivering the Cargo, must provide accurate and truthful information within 1 (One) hour of receiving the relevant inquiry. The Carrier must mark the Cargo transportation status in the System in accordance with the requirements set by the Intermediary and specify other information related to the execution of the Order.
6.3. The intermediary does not monitor the situation related to the execution of the Order and does not separately inform the Customer about changes in the situation. The Customer can follow the situation related to the execution of the Order in the System. If the customer has any questions or comments regarding the execution of the Order, he must contact the Intermediary by e-mail [email protected] or by phone indicated on the website www.cargobooking.lt. In order to receive information by phone, the customer must know the Order number.
6.4. The Carrier must ensure that the driver of the vehicle transporting the Cargo has mobile phones operating abroad during the trip, sufficient funds to purchase fuel, pay for parking lots and other expenses.
6.5. The Carrier ensures that the vehicle with the Cargo and documents accompanying the Cargo will not be left unattended during the transportation of the Cargo. During the driver’s rest, the vehicle must be stopped only at such parking lots, which in case of theft would ensure the validity of the Carrier’s CMR insurance coverage, the events are recognized as insured and non-reduced insurance benefits are paid.
6.6. The Carrier must immediately inform the Intermediary about unforeseen circumstances preventing the loading, transportation or unloading of the Cargo. The Intermediary, upon receiving a notification from the Carrier about unforeseen circumstances preventing the loading, transportation or unloading of the Cargo, must inform the Customer about these circumstances. The Intermediary and the Customer must cooperate with the Carrier in removing the relevant obstacles. The Customer’s instructions to the Carrier are provided through the Intermediary.
6.7. If the entire Carrier’s vehicle is ordered for the transportation of the cargo, regardless of the fact that there is free space in it, the Carrier is prohibited from transporting other cargo together without the prior written consent of the Customer obtained through the Intermediary.
6.8. The Customer must immediately inform the Carrier through the Intermediary about the change of the place of delivery of the Cargo or the change of other conditions of the Order and pay the additional costs related to it. The Carrier must comply with the Customer’s reasonable and legal instructions related to the execution of the Order and the Carriage Agreement concluded for its execution.
6.9. The Carrier and the Customer undertake not to provide third parties with any information related to the execution of the Order and the Contract of Carriage concluded for its execution, except for the cases provided for by the legal acts of the Republic of Lithuania or cases where the disclosure of such information is necessary in order to properly execute the Order.
6.10. In cases where the Order cannot be delivered without Additional Costs, the Carrier has the right to suspend the execution of the Order and the Carrier through the Intermediary informs the Customer about the necessary Additional Costs. If the Customer refuses to reimburse the Additional Costs, the execution of the Order is terminated and the Cargo is returned to the Sender, and the Customer must pay the costs related to the execution of the Order and the return of the Cargo to the Sender.
6.11. The Carrier transporting the Cargo according to the Order must have insured its civil liability with CMR insurance in such a way that the insurance amounts are sufficient to cover losses that may occur during the transportation of the Cargo. The carrier must pay the insurance premiums on time and ensure that the validity of the CMR insurance contract does not expire during the cargo transportation, comply with the conditions stipulated in the insurance contract. The carrier, having received an Order for the transportation of excise goods (alcohol, tobacco products, etc.), must assess within the time limit set in point 3.6 of the General Terms and Conditions whether the amounts of his CMR insurance are sufficient to fully cover the customs duties and taxes payable in the event of total cargo loss. If it is determined that the insurance amount is not sufficient, the Carrier must refuse to accept the relevant Order for execution. At the request of the intermediary, the Carrier must provide a copy of the CMR insurance certificate (policy) and documents confirming the payment of insurance premiums.
6.12. The Carrier guarantees that the vehicle carrying the Cargo according to the Order will not be used for the illegal transportation of goods or people. The Carrier is prohibited to detain the transported Cargo on any basis, in the absence of the grounds specified in the General Terms and Conditions, to unilaterally stop or terminate the transportation of the Cargo, to unload the Cargo at a place other than that specified in the Order or in a separate instruction of the Customer submitted through the Intermediary.
7.1. The Carrier must deliver the Cargo to the Recipient at the time specified in the Order. If the Order does not specify the deadline for the delivery of the Cargo, the Carrier must ensure that the Cargo will be delivered to the Recipient within the necessary and usual deadline for this type of transportation. Cargo is delivered only on working days. The cargo is delivered to the Customer on non-working days as an Additional service after choosing delivery on non-working days. If the Customer orders the guaranteed delivery service, the Cargo will be delivered on the date specified in the Order.
7.2. The Customer ensures that the unloading of the Cargo from the vehicle provided by the Carrier will be carried out at the expense of the Recipient. Cargo consisting of a Package weighing less than 30 kg or consisting of 2 (Two) and more separate Packages, each weighing less than 30 kg, is unloaded from the vehicle by the driver of the respective vehicle.
7.3. The driver of the vehicle with which the Cargo was delivered must be present during the unloading of the Cargo and check the quantity of the unloaded Cargo and the external condition of the Cargo packaging. If any facts related to the possible damage or deficiency of the Cargo or its packaging become apparent, the Carrier and the Recipient must mark these facts in all copies of the Carriage Document and the Carrier must inform the Broker about it.
7.4. The Recipient must accept the cargo within a time that allows to avoid unreasonable delay of the vehicle. The Customer must ensure that the Cargo is unloaded within 2 (Two) hours from the moment of the vehicle’s arrival at the Cargo unloading place, unless a different deadline is specified in the Order and confirmed in the Intermediary’s system or by e-mail. If the Cargo is not unloaded on time, the Customer shall pay the Carrier for each hour of downtime specified in point 9.5 of the General Terms and Conditions, if the fact of downtime is confirmed by the Recipient’s records in the Transport document or a separate document. The term specified in this point and the penalties provided for non-compliance do not apply if the Carrier did not meet the deadline for the delivery of the Cargo, damaged Cargo was delivered or a shortage of the Cargo was found, all or part of the documents accompanying the Cargo were lost or other cases of improper performance of the Agreement were identified.
7.5. The Carrier transfers the Cargo to the Recipient in the Order or at another place specified by the Customer in accordance with the Carriage document signed by the Carrier’s representative and the Recipient (his representative). The driver of the vehicle that delivered the Cargo must make sure that the person accepting the Cargo has the right to accept the Cargo. The Recipient (his representative) accepting the Cargo must legibly write his name, surname, position (if the Recipient is a legal entity), time of delivery, put a stamp (if he has one) and sign (in the electronic confirmation of the delivery of the Cargo) the details of the Recipient (his representative) entered by the Carrier and signed by the person receiving the Cargo).
7.6. The Cargo is considered delivered and transferred to the Consignee when the Consignee (his representative) accepts the Cargo from the Carrier and signs the Carriage Document (electronic confirmation of Cargo delivery).
7.7. During the acceptance of the cargo, if the Recipient and the Carrier do not mark any comments regarding the defects, damage or damage of the Cargo in the Transport document, it is considered that the Carrier delivered the Cargo without any defects, damage or damage. The Carrier has the right not to accept the Customer’s claims regarding defects, damages or violations of the Cargo, if the defects, damages or violations of the Cargo were not indicated in the Transport Document.
7.8. If the Recipient refuses to accept the Cargo or if the Recipient is not found at the specified address, the Cargo is delivered to the Carrier’s terminal or other storage location and the Carrier informs the Intermediary about this, who notifies the Customer. When executing the Customer’s order, the undelivered Cargo is re-delivered to the Recipient for an additional fee (the Cargo is transported to another Recipient specified by the Customer). If, through no fault of the Carrier, the Cargo cannot be delivered to the Recipient during re-delivery (the Cargo is not accepted by another Recipient specified by the Customer), the Cargo can be returned to the Sender without separate coordination. According to this clause, after the Cargo is returned to the Sender, the Customer must pay the cost of transporting the Cargo to the Consignee and reimburse the costs of returning such Cargo to the Sender.
7.9. Cargo that cannot be delivered to the Recipient and returned to the Sender is stored and/or destroyed at the Customer’s expense.
7.10. The Carrier must upload the scanned Carriage document signed by the Sender, the Carrier and the Recipient into the System no later than within 14 (Fourteen) calendar days from the delivery of the Cargo to the Recipient or, if this is not possible, send it to the specified Intermediary’s e-mail.
8.1. The amount of money due for the execution of the Order is paid by the Customer to the Intermediary, who settles with the Carrier. The procedure and terms of settlement between the Intermediary and the Carrier are determined by the agreement concluded between the Carrier and the Intermediary.
8.2. The price of Freight transportation and Additional services to be paid by the customer is specified in the Order ordering the transportation of the relevant Freight.
8.3. The Customer pays the price of freight transportation and Additional Services to the Intermediary at the time of submitting the Order (except for cases where the Customer chooses non-advance payment of the price of Freight Transportation and Additional Services). If the Customer chooses non-advance payment of the price of Freight transportation and Additional Services, the Intermediary and the Customer enter into an agreement, which determines the deadlines for the performance of the Customer’s monetary obligations. The intermediary writes out and submits to the Customer a VAT invoice – invoice (VAT invoices – invoices) for the payment of the cost of transportation of the Cargo (Shipment) and additional costs.
8.4. In addition to the price of Freight transportation and Additional services specified in the Order, the Customer must pay Additional costs:
8.4.1. if the weight, size, measurements and (or) number of units of the Cargo do not correspond to the weight, size, measurements and (or) number of units specified in the Order, an additional fee is applied, calculated according to the actual weight, size, measurements and (or) number of units of the Cargo;
8.4.2. if the Cargo is picked up from a Remote location (delivered to a Remote location), the Customer must cover the corresponding additional costs;
8.4.3. if the Recipient refuses to accept the Cargo due to no fault of the Carrier or for other reasons beyond the control of the Carrier, the Cargo cannot be handed over to the Recipient of the delivered Cargo and it must be returned to the Sender, the Customer must cover the costs of returning the Cargo to the Sender;
8.4.4. if the costs related to customs procedures (including taxes) are not paid by the Sender or Recipient;
8.4.5. if the Customer (Sender) decides to change the place of delivery of the Cargo or the Recipient during the transportation of the Cargo, the Customer is obliged to compensate the costs caused by such changes;
8.4.6. if, at the Customer’s request, a VAT invoice for the execution of the Order is issued to another natural or legal person, an additional fee of EUR 15.00 (Fifteen Euros, 00 cents) is applied;
8.4.7. costs that could not be foreseen at the time of acceptance of the Order, which occur during the execution of the Order and which are necessary for the execution of the Order.
8.5. For the payment of additional costs, the Intermediary writes out and submits a VAT invoice to the Customer. The Customer must pay the VAT invoice referred to in this point no later than within 14 (Fourteen) days from the date of submission of the relevant VAT invoice (unless the contract concluded between the Intermediary and the Customer specifies a different deadline for the payment of Additional Costs).
9.1. The Customer must compensate the Carrier and/or the Intermediary for losses incurred due to the provision of incorrect or insufficient information related to the Order and its execution, due to non-compliance with the requirements for the preparation, packaging and labeling of the Cargo, non-compliance with the prohibition to send Prohibited items and other obligations of the Customer non-performance or improper performance.
9.2. The Carrier, having accepted the Cargo, shall be liable to the Customer for the loss, shortage or damage of the Cargo, caused during the period from the acceptance of the Cargo to its transfer to the Recipient or for reasons arising during this period. The limits of the Carrier’s liability for the loss, shortage or damage of the Cargo and the grounds for exemption from liability are determined by the applicable legal acts.
9.3. The Carrier, who is late in presenting the vehicle for loading the Cargo, must pay the Customer a penalty of EUR 100.00 (one hundred euros, 00 cents) for each working day of delay in presenting the vehicle for loading the Cargo, but no more than 20% (Twenty percent) of the freight values of the order are given. If the Carrier is more than 2 (two) days late in providing the vehicle for loading the Cargo, it is considered that the Carrier refuses to provide the vehicle and must pay a fine of EUR 100.00 (one hundred euros, 00 cents) to the Intermediary or the Customer, and the Customer acquires the right to execute the Order entrusted to third parties. If a vehicle that does not comply with the General Conditions is presented for the carriage of Cargo and as a result the Carrier does not accept all or part of the Cargo for carriage at the time specified in the Order, the provisions of this clause shall apply, determining fines for late delivery of the vehicle.
9.4. The Carrier, who is late in delivering the Cargo and handing it over to the Recipient, must pay the Customer a fine of EUR 100.00 (one hundred euros, 00 cents) for each working day of delay in delivering the Cargo and handing it over to the Recipient and compensate the Customer for the losses incurred due to the late delivery of the Cargo, which are not covered by the penalty specified in this clause.
9.5. If the Sender is late in presenting the Cargo for transportation, is late in carrying out the work of loading the Cargo into the provided vehicle or the Recipient is late in unloading the cargo, the Customer shall pay the Carrier EUR 50.00 (Fifty Euros, 00 cents) fine. For each working day of delay in fulfilling any of the obligations stated above in this point, the Customer shall pay the Carrier a fine of EUR 100.00 (One Hundred Euros, 00 cents), but no more than 20% (Twenty percent) of the freight value of the order.
9.6. The Carrier, who has changed the vehicle data specified in the confirmation of acceptance of the Order or submitted for loading a vehicle other than the one specified in the confirmation of receipt of the Order, must compensate the Customer for the losses incurred as a result of such actions of the Carrier.
9.7. The Carrier is not responsible and is not obliged to compensate the Customer for losses incurred due to lost, damaged or missing items prohibited from being sent, due to damaged Non-compensable items, due to the fact that state authorities confiscated the Cargo through no fault of the Carrier, due to the fact that the Cargo cannot be delivered due to the fault of the Recipient, due to the loss of the Cargo , damage or shortage caused by the Customer’s (Sender’s) improper performance of obligations, due to the harmful effect of temperature on the Cargo, when the Customer did not specify to observe certain temperature regimes during the transportation of the Cargo, due to the loss of data contained in the sent magnetic (electronic) media, and other applicable legal acts cases.
9.8. The Carrier is responsible to the Customer for non-fulfillment or improper fulfillment of the Order, loss, shortage or damage of the Cargo and other violations of the Carriage Agreement, except for those cases where the Intermediary is to blame for the non-fulfillment or improper fulfillment of the Order, loss, shortage or damage of the Cargo and other violations of the Carriage Agreement.
9.9. The Intermediary is responsible for direct losses caused to the Customer and/or the Carrier, if such losses were caused by the Intermediary’s fault. The intermediary is not responsible for indirect losses suffered by the Customer and/or the Carrier.
9.10 Taking into account the fact that upon conclusion and/or performance of this Agreement, confidential information about the Customer’s customers and related persons constituting the Customer’s commercial secret is disclosed and becomes known to the Carrier, the Carrier undertakes to observe confidentiality and non-competition obligations in relation to the Customer’s customers and related persons, i.e. for one year from the completion of the cargo transportation, not to contact (with the aim of concluding a transportation contract) with the Customer’s customers or related persons, who became known during the transportation of the cargo. The Carrier who violated the obligation of confidentiality must compensate the Customer’s losses by paying the amount of EUR 2,000.00, which is considered to be the minimum and unavoidable losses of the Customer previously discussed by the Parties, which the Customer does not need to prove separately. It is presumed that the Carrier has violated the obligations of confidentiality and non-competition, if the consequences of the disclosure of confidential information are determined, i.e. When the carrier tries to contact the Customer’s customers or related persons, with the aim of concluding a transport contract or after establishing the fact of competition.
10.1. It is prohibited to send prohibited items as Cargo or part of Cargo. The list of prohibited items is published on the website www.cargobooking.lt.
10.2. The Customer is responsible for the contents of the Cargo. By submitting the Order, the Customer also confirms that the Cargo will not contain Prohibited Items. The Intermediary and the Carrier do not assume responsibility for Prohibited Items transferred by the Sender to the Carrier.
10.3. The Carrier, after notifying the Customer in advance through the Intermediary, has the right to stop the transportation of the Cargo and check the contents of the Cargo, if there are reasonable suspicions that the Cargo handed over to the Carrier contains Prohibited items and/or the Cargo may endanger the safety and/or health of people, cause damage To the carrier, the environment, or third parties. When carrying out the actions specified in this point, the carrier must take all necessary precautions, including informing the competent state authorities.
10.4. At the request of the Carrier through the Intermediary, the Customer must, at his own expense, ensure the pickup of the Cargo containing Prohibited Items within 7 (Seven) days from the submission of the Carrier’s request. If such Cargo is not collected, the Carrier has the right to destroy the Cargo at the expense of the Customer.
10.5. The customer must compensate the Carrier and the Intermediary for the costs incurred and the losses incurred due to the transportation of prohibited items.
10.6. The carrier shall hand over the detained or confiscated Cargo to the law enforcement or customs authorities of the Republic of Lithuania (foreign state) in accordance with the procedure established by legal acts. The Customer is responsible for the contents of the detained and confiscated Cargo.
10.7. When sending Non-compensable items as Cargo or part of it, the Customer bears the risk of damage to Non-compensable items and damage-related losses.
10.8. The Carrier, having notified the Customer in advance through the Intermediary, has the right to stop the transportation of the Cargo and check the contents of the Cargo, if there are reasonable suspicions that the Cargo (Consignment) handed over to the Carrier contains Non-compensable items and these items may endanger the safety and/or health of people, cause damage To the carrier, the environment or third parties.
10.9. When transporting the Cargo, the Carrier assumes that the Cargo does not contain Non-compensable items and does not take additional measures (other than usual measures) to prevent the Cargo from being damaged.
10.10. In cases where it is impossible to send the Cargo containing Non-compensable items (e.g. they are badly damaged), at the request of the Carrier through the Intermediary, the Customer must, at his own expense, ensure the collection of the Cargo containing Non-compensable items within 7 (Seven) days from the Carrier’s request submission. If the Cargo is not collected, the Carrier has the right to destroy the Cargo at the expense of the Customer.
10.11. The Customer must compensate the Carrier and the Intermediary for the expenses incurred and the losses incurred due to the transportation of Non-Compensable Items.
11.1. Customer’s claim:
11.1.1. regarding the damage or shortage of the Cargo must be submitted no later than within 7 (Seven) working days from the day of the Cargo’s transfer to the Recipient;
11.1.2. regarding the loss of the Cargo must be submitted no later than within 37 (Thirty-seven) days from the end of the time of delivery of the Cargo to the Recipient specified in the Order (if the delivery deadline was not agreed upon, then within 67 (Sixty-seven) days after the Carrier accepted the Cargo for transportation);
11.1.3. due to delay, the Cargo must be submitted for delivery no later than within 21 (Twenty-one) days from the day of the Cargo’s transfer to the Recipient;
11.1.4. regarding another violation of the execution of the Order (Contract of Carriage) must be submitted no later than within 7 (Seven) days after becoming aware of the corresponding violation, but no later than within 15 (Fifteen) days after the violation itself;
11.1.5. due to the improper performance of the duties of the Intermediary must be submitted no later than within 7 (Seven) days after learning about the relevant violation, but no later than within 15 (Fifteen) days after the violation itself.
11.2. The customer submits a claim regarding cargo damage, shortage, loss, delay in delivery or other violation of the execution of the Order (Contract of Carriage) directly to the Carrier by registered letter, via the e-mail of the Carrier specified in the System or by handing it to the representative of the Carrier with a signature, and submits the relevant claims to the Intermediary by e-mail [email protected] a copy. The Carrier, in response to the Customer’s claim, sends the response to the claim directly to the Customer by registered letter, to the Customer’s e-mail specified in the System or by handing it to the Sender (his representative) for signature, and provides a copy of the corresponding response to the Intermediary by e-mail [email protected]. The Customer submits a claim regarding improper performance of the duties of the Intermediary to the Intermediary by registered letter, e-mail to [email protected] or signed by the Intermediary’s representative.
11.3. If the Customer does not file a claim within the term specified in Clause 11.1 of these General Terms and Conditions, it is considered that the Cargo was delivered properly and the Order was completed in full and on time, and the Carrier and the Intermediary fulfilled their duties properly. The Carrier (in the cases specified in Clause 11.1.5 of the General Terms and Conditions – the Intermediary) has the right not to accept and not to consider the Customer’s claims submitted after the expiration of the terms specified in Clause 11.1 of the General Terms and Conditions.
11.4. In the claim, the Customer must indicate the place and date of filing the claim, the basis of the claim (including, but not limited to, the Order number, the dates of pickup and delivery of the Cargo (if the Cargo was delivered), the content of the Cargo) and requirements. A copy of the Transport document (if the Customer has it) must be attached to the claim. Damaged Cargo or Cargo with a part missing shall be stored together with the Cargo packaging until the claim is investigated.
11.5. The Carrier (in the cases specified in Clause 11.1.5 of the General Conditions – the Intermediary) must examine the claim submitted by the Customer and provide the Customer with an answer to the Customer’s e-mail address no later than within 10 (Ten) working days from the date of receipt of the claim.
11.6. The intermediary does not deal with the Customer’s claims against the Carrier and the Carrier’s claims against the Customer. The intermediary, at the request of the Carrier (Customer), provides available information that may be relevant to the resolution of the dispute between the Carrier and the Customer.
12.1. All disputes or claims arising from or related to the Carriage contract shall be resolved in negotiations between the Carrier and the Customer. If disputes or claims cannot be resolved through negotiations, every dispute or claim arising from or related to the Carriage Agreement must be resolved in accordance with the procedure established by the laws of the Republic of Lithuania in a court of the Republic of Lithuania.
12.2. The intermediary has the right to unilaterally change the General Terms and Conditions. Changes to the general terms and conditions take effect from their publication on the website www.cargobooking.lt and are valid only for Orders submitted and accepted for execution after the change came into force. The general conditions and their changes are published on the website www.cargobooking.lt.
12.3. Issues related to the relationship between the Carrier and the Customer, not discussed in these Terms and Conditions, are resolved in accordance with the Civil Code of the Republic of Lithuania, the Road Transport Code of the Republic of Lithuania, other legal acts of the Republic of Lithuania and the European Union, 1956 May 19 Convention on the contract of international carriage of goods by road with other and international agreements to which the Republic of Lithuania has joined.
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