Version 0.01 -2018. October
1.0. 'DANIEL TRANS Ltd.': Contracting organization DANIEL TRANS LTD. providing the Services to the Customer under any individual order.
1.1. 'Customer': if the person is not the same as the Owner: an organization, for the benefit of which or based on whose order DANIEL TRANS LTD. provides services.
1.2. 'Direct representation': performance of the Customs Services in such a way that the representative (DANIEL TRANS LTD) is not liable for any duties, fees, taxes, fees, penalties or interest. All such costs are borne exclusively by the importer / exporter (the Customer).
1.3. 'Owner': if the person is not the same as the Customer, the owner, consignor and consignee of the Goods and any other person, who is or may be in the future in the interest of the Goods and other person acting on behalf of such persons.
1.4. 'Person': natural persons and any legal person or persons.
1.5. 'Principal': natural or legal person acting in his own name and for his own benefit.
1.6. 'Carrier': Person commissioned by DANIEL TRANS LTD. by a special order (Freight order), acting in the subject matter on behalf of his Company, with the assignment and commissioning of his Company.
1.7. 'Conditions': version of this General Terms and Conditions applicable in a given time.
1.8. 'CMR Regulation': Legislative Decree No 3 of 1971 on the Proclamation of the Convention on the International Transportation of Goods by Road, Geneva, dated on the 19th of May, 1956.
1.9. 'Ptk': Act V of 2013 on Hungarian Civil Code.
1.10. 'Prices': remuneration of the Services provided by DANIEL TRANS LTD, as agreed between the Parties.
1.11. 'Instruction': a declaration of the Customer's casual demands.
1.12. 'Agent' Contract’: the following definitions apply to Services provided to Customer: a person or organization acting on behalf and for the benefit of a third party; agreement between the Customer and DANIEL TRANS LTD. with regard to the Services.
1.13. 'Non-Contracting Party': any person or organization, who does not act as a party in the contract concluded by DANIEL TRANS LTD. and the Customer and according to the provisions contained therein no rights or obligations derive therefrom.
1.14. 'Services': services as a whole to be provided by DANIEL TRANS LTD. for the Customer: these are Supplementary Services, Consultancy-, Customs-, Logistics-, Forwarding- and Warehousing Services, as well as the fulfilment of the necessarily connected tasks related to the provision of the Services and the additional tasks connected to the Service.
1.15. 'Ordering a Service': designation of the Services to be provided for the Customer.
1.16. 'Freight Services': physical forwarding of Goods on air or waterways, by rail or on road, or any combination thereof, including temporary warehousing during transport, such as central distributive warehousing, cross docking etc., where temporary storage is an integral part of the forwarding of Goods.
1.17. 'Logistics services': forwarding and customs services performed by DANIEL TRANS LTD. in accordance with these Terms and Conditions, in which the Parties may agree on a case-by-case basis.
1.18. 'Warehouse services': any activity such as unloading, receipt of goods, warehousing, delivery, inventory, order handling, commissioning, preparation for transportation, loading, billing, collection, labeling, sorting, data control and ancillary services related to the Goods, in which the Customer and DANIEL TRANS LTD. have agreeded, regardless of the freight order.
1.19. 'Ancillary Services': secondary services provided next to the primary services such as Consultancy, Transport and Logistics.
1.20. 'Customs services': the provision of any customs service related to the transport or handling of Goods to the Customer, including customs clearance, storage in a bonded warehouse, issuing of documents, etc.
1.21. 'Consultancy Services': services related to forwarding or logistics, which do not cover the physical transport or handling of Goods. These include, but are not limited to, cost analysis of the supply chain, optimization of the forwarding or logistics systems.
1.22. 'Goods': articles and / or containers, which are handled by DANIEL TRANS LTD. during Services performed for the Customer or on Customer’s behalf.
1.23. 'Dangerous Goods': goods that may be dangerous or may become dangerous; flammable, radioactive or other hazardous goods, or such goods, which may serve for habitat of worms or other pests or promote their accretion.
1.24. 'Freight Insurance': the provision of 'all risk' risk coverage of goods transported or stored.
1.25. 'Registered office': the address where DANIEL TRANS LTD. was incorporated by the Business register and by which is listed in the register.
1.26. 'Authorities': properly established legal or administrative entity or organization acting under its legal authority and competence on a territory of a country, local authority, port or airport.
2.1. These General Terms and Conditions must be applied during Services performed by DANIEL TRANS LTD, with the exception of those included in chapter 2.2 to 2.3., regardless of whether or not they are free of charge.
2.2. If a document issued by DANIEL TRANS LTD. or a representative of DANIEL TRANS LTD. is considered as being either a value bill or the “bill of lading” term appears on this document (whether it is transferable or not), on which DANIEL TRANS LTD. appears as carrier and the conditions set forth in such document are not in accordance with these Terms and Conditions, the provisions of such document shall govern this General Terms and Conditions, but only in relation to conflicting provisions.
2.3. If the DANIEL TRANS LTD. and the Customer signs an individually negotiated agreement including, but not limited to, the generally accepted general terms and conditions of transportation during the Service, these Terms and Conditions shall apply and the agreement thus concluded shall prevail over the different parts.
3.1. The Customer warrants that the Goods Owner or his authorized representative is entitled to accept these General Terms and Conditions unconditionally, in his own name, acting on behalf of the Owner.
3.2. The Customer and any other person or representative acting on behalf of the Customer shall be obliged to provide legitimate, appropriate and enforceable instructions. The Customer warrants the completeness and authenticity of marking and data of the Goods.
3.3. The Customer warrants that the preparation of Goods for transportation is appropriate, including packaging, classification, cargo closure, labeling, addressing and, in general, meets the requirements of instructions concerning air, road and water transport, unless DANIEL TRANS LTD. accepted Instructions in respect of packaging and / or labeling.
3.4. Customer commits himself to comply with applicable legislation in context with the Services of DANIEL TRANS LTD.
4.1. Unless otherwise agreed between the Parties, DANIEL TRANS LTD. has the right, on its own behalf and without informing the Customer, to enter into contracts:
4.1.1. for performing Goods transportation by any route, means or person,
4.1.2. for the transportation of any kind of goods, in containers or without containers, or for the transportation of any goods loaded on board or under board the ship,
4.1.3. storage, packaging, transhipment, loading or unloading or handling of Goods that can be performed by any person and anywhere, either on land or on board, and in any time frame,
4.1.4. for transportation or warehousing in containers or for any transport or warehousing by other means,
4.1.5. in order to fulfill its obligations DANIEL TRANS LTD. is entitled to act in the manner that it deems to be reasonably necessary or concommitent.
4.2. DANIEL TRANS LTD. is entitled (without any further liability), but is not obliged to deviate from the Customer’s instruction if DANIEL TRANS LTD. reasonably considers that it is in the interest of the Customer.
4.3. DANIEL TRANS LTD. may at any time comply with the provisions or recommendations of any Authority. Responsability and obligation of DANIEL TRANS LTD. related to the official provisions or recommendations concerning the Goods will end with handover of the Goods or with any other disposal of the Goods.
4.4. If DANIEL TRANS LTD. at any time, reasonably considers that the forwarding of Goods can not be undertaken or the performance can not be continued, or it can be continued after any additional measures or if additional costs or risk-taking situation arise, such as, but not limited to, the export regulations change, DANIEL TRANS LTD is entitled to:
4.4.1. cancel the shipping or take additional measures and assume the additional reasonable costs necessary to enable the transportation or to continue the performance of transportation; and
4.4.2. to claim from the Customer the extra costs incurred in connection with the supplementary measures and any additional expenditure incurred at DANIEL TRANS LTD.
4.5. If DANIEL TRANS LTD. (or any other person, whose service is employed by DANIEL TRANS LTD) is entitled to request the Customer or the Owner to take over the Goods or any part thereof at the time and place specified by him.
4.6. DANIEL TRANS LTD. (or any other person referred to in point 4.5) may place the Goods at the Customer's expense and risk at an open or covered warehouse. DANIEL TRANS LTD. is entitled to claim from the Owner and the Customer, under their sole responsibility, the fulfillment of the Customer's obligations under these Terms, or to claim sums payable by the Customer, whose payment have not been fulfilled despite the notice.
4.7. DANIEL TRANS LTD. performes all the Services on the basis of its own Code of Ethics. The Code of Ethics of DANIEL TRANS LTD. is based on its own value system and shows its intention trending towards its ethical business attitude, and it is valid for any enterprise and employee belonging to DANIEL TRANS LTD. group, including the management. The Customer is also expected to carry out his activity ethically and legally. The Customer and the Owner understand and acknowledge the fact that DANIEL TRANS LTD. shall not be liable for any loss, damage or delay or breach of the contract, if it is the consequence of the fact that DANIEL TRANS LTD. has respected his own Code of Ethics.
4.8. Liability of DANIEL TRANS LTD. shall not extend to consequential damages or loss of profit, upper limit of liability covers its liability insurance.
4.9. DANIEL TRANS LTD. shall not be liable for the fulfilment of order or delayed fulfilment of order, for delayed carriage and damage of the goods, partial or total theft of the goods in the event of a vis major, or in case not considered as vis major, but out of DANIEL TRANS LTD. Responsibility, qualified as being an essential circumstance regarding the change in transport fulfilment. The Parties shall consider as vis major the following, in particular, but not limited to, unforeseen events such as war, riot, strike, other cessation of work, governmental provisions, natural disasters, natural or road disturbances, which hinder or encumbers traffic, blockades, partial or total theft of goods, unavoidable crime and unavoidable damages caused by third party. If the principal has not provided the value of the goods for a value of more than EUR 100,000 (which is not considered to be a value declaration under Article 24 of the CMR Convention) and the freight significantly exceeds the usual value of goods in transport, liability of DANIEL TRANS LTD. shall be calculated at most in proportion to the normal value of the goods. For the purposes of this paragraph, goods of a total value of EUR 100,000 shall be regarded as normal value.
4.10. In the event when the freight is damaged in the course of the transportation as a result of a foreign accident, the principal acknowledges that DANIEL TRANS LTD. is exempt from liability, the principal may assert damages arising from the shipment delay to the person responsible for the accident.
4.11. DANIEL TRANS LTD. gives you all the information and help for the sake of enforcement of principal’s demand. See sections 12 and 14 of the Hungarian General Conditions of Carriage.
5.1. Customer's responsibility for accurate information
5.1.1. Customer's obligation is to give for DANIEL TRANS LTD. a precise description of the Goods including - but not limited to - the markings, numerical data, quantity and weight. The Customer undertakes to protect, indemnify and absolve DANIEL TRANS LTD. from any loss, damage or expense that results from the inaccuracy and inexactness of the communicated data or as a consequence thereof.
6.1. Please indicate our position number on each of your documents, without which your declaration can not be identified. The resulting consequences, such as delay, will be borne by the Carrier.
6.2. The freight order is given by reference to our prior oral and / or written communications.
6.3. Our freight order is valid even if no confirmation is received.
6.4. In case of any order confirmation with differing content, the contract will not come into effect.
6.4.1. The Carrier can only refer on the content of its confirmation if our company has given a written declaration of acceptance before the freight task has been completed.
6.5. If the Carrier starts the performance of the freight task, we assume that the conditions described in our commission have been understood and accepted, the GTC is accepted by the Carrier as being irrevocably binding and the Carrier will perform the task on the basis of it.
6.6. If the GTC is not accepted by the Carrier, it is obliged to give an oral and written notice to the administrator named in our order within one hour of receipt of the order. Failing to do this, the legal relationship comes into effect as described in point 6.5.
6.7. Carrier business conditions are excluded.
6.8. The Carrier shall treat the content of the transport order as business confidential information. The Carrier undertakes not to accept direct or indirect freight order from the direct customer of DANIEL TRANS LTD. for 12 months after the execution of the freight order and not to provide any information to third parties that he or she has noticed during the freight order. In case of violation of these obligations, DANIEL TRANS LTD. is entitled to claim damages.
6.9. The information received by the Carrier and all its agents and employees shall be used by the Carrier only for the purpose of accomplishing the freight task, therefore the Carrier shall be liable without restriction. The Carrier may not establish direct or indirect contact with the companies involved in the transport without the written permission and knowledge of the client, this is considered a breach of contract and a violation of business secrets. Any use of the information beyond the commission entails a penalty obligation, the sum of which is 50 000 €.
7.1. The Carrier declares that the activities to be carried out in order to perform the freight order are authorized with all necessary licenses, permits (operating license), insurance (CMR and appropriate employer liability insurance, including the liability of its own and its employees) and he has paid any taxes and fees imposed in the country of residence, and, upon request, will send these documents to DANIEL TRANS LTD.
7.2. The Carrier declares that it has full insurance on the goods regarding the liability of Carrier included in the 3 decree of 1971. paragraph 29 (CMR Convention); accordingly, the Carrier shall be obliged to have a coverage at least 100,000 € of the CMR liability for good damages, and for especially valuable consignments, a coverage of 200,000 €.
7.3. If the value of the goods is significantly higher than the amount of the Carrier's CMR liability insurance, DANIEL TRANS LTD. is entitled to bind a separate insurance for the difference of the amount, the cost of which is deductible from the freight fee.
7.4. The Carrier declares that its drivers and other staff contributing in the fulfilment of a transportation service are employed by him with a work contract in accordance with current legislation; the work permits, qualifications, health book, official food forwarding permit and all other necessary documents are available, furthermore, regarding the employment of its drivers, Regulation (EC) No 561/2006 and Regulation (EEC) No 3821/85 and the German minimum wage law ("Mindestlohngesetz vom 11. August 2014 (BGBl. I S. 1348)") MiLog ") are fully respected.
7.5. Changes to the terms and conditions of the carrier's liability insurance and the changing or exhaustion of insurance limit must be notified immediately.
8.1. The Carrier agrees to notify the Principal of the registration number of the vehicle, which will perform the transport, within half an hour after sending the order, provided that it has not been done before. In order to change the registration number, the written consent of the Principal is required, based on the Carrier's written notice, in which the exact reason for the change of the registration number is to be communicated.
8.2. It is forbidden to replace any agreed transport tool or trailer. For the use of a means of transport with a registration number different from the original number, the Carrier must wait for the registration of the new registration number into the EKAER system and the confirmation of this event. In the absence of such confirmation, no road transport activities can be carried out. In the event of breach of the above stated, the carrier shall be fully liable, including any consequential damages caused to third parties.
9.1. The Carrier undertakes to use for this freight task exclusively such a vehicle, which complies with the CMR Security Anti-theft Conditions.
9.2. The Carrier agrees that the vehicle, which performs the freight task, must have the following means of security that must be switched on starting from the takeover of goods till the end of delivery: a mobile phone, a GPS device, a device for producing and transmitting photographs. Their absence constitutes a serious negligence on the part of the Carrier.
9.3. The Carrier shall perform the freight task with an undamaged vehicle with a clean loading area, equipped with the required tools and a customs seal cord necessary to secure the goods.
9.4. The Carrier agrees that the driver performing the freight task shall be obliged to check the quantity of the goods documented and actually loaded, furthermore, he/she is obliged to register in the consignment note signed by the sender his/her doubts and reasons concerning the external condition of the goods and packaging of goods.
9.5. The Carrier agrees that the driver performing the freight task shall be obliged to check and supervise personally and he/she is responsible for the full and secure loading of the Goods in terms of traffic, as well as for the proper fixing of the goods after the first unloading site. The transport can be started only after proper securing of the load.
9.6. The Carrier warrants that the driver performing the freight task is NOT under the influence of alcohol or any other psychotropic agent, drug or doping agent, nor is he/she consuming these products.
9.7. The Carrier agrees that the driver performing the freight task is obliged to note down the necessary comments on the CMR.
9.8. The Carrier acknowledges that the obligation of the driver performing the freight task is to keep the loaded vehicle locked at all times and to place it in a secure, guarded parking lot or otherwise be supervised. During the rest period, the vehicle must stay in a guarded parking space according to the special recommendations of CMR insurance.
9.9. During the transportation period and in the course of all pre-and post-actions, the undamaged and timely arrival of Goods must be regarded as the primary criterion.
9.10. The freight task must be carried out as quickly as possible, but in accordance with the regulations and order requirements.
9.11. All loading and unloading regulations, respectively the rules on the transportation of goods must be observed.
9.12. The Carrier is obliged to notify the Principal immediately about any hindering obstacles that may arise in the most efficient execution of the freight.
9.13. It is forbidden to deviate from the direction of transport and designated parking lots prescribed by the Principal.
9.14. Shipping to UK:
9.14.1. In the case of transport to the United Kingdom, the rules of the "Practical Handbook" for vehicles, issued by the British Customs Agency in accordance with Section 33 of the British Immigration Act against Illegal Immigration shall be authoritative. For the sake of this, the Carrier agrees to observe the following:
• the vehicle performing the freight task must be sealed and secured, the identification numbers of seals / safety locks must be indicated in the transport documents.
• in the case of freight tasks having destination the UK, the recommendations of the UK Border Force must be followed in all respects and it is forbidden to take the resting period for the drivers performing the freight task within 120 km before ferriage.
The recommendations of UK Border Force can be found here: https://www.gov.uk/secureyourvehicletohelpstopillegalimmigration
• BREAKING OF THESE REQUIREMENTS IMPLIES THE APPLICATION OF ARTICLE 29 OF THE CMR CONVENTION!
10.1. The Carrier undertakes to strictly follow the instructions of DANIEL TRANS LTD.
10.2. The Carrier undertakes to notify DANIEL TRANS LTD. orally and in writing, proactive and without delay, of any irregularity or discrepancy during the performance of the freight, and shall provide written / e-mail information within half an hour upon request. The Carrier agrees that the driver performing the freight task or his / her controller / dispatcher during the transport is required to log on to DANIEL TRANS LTD. on the following occasions by telephone / in written form / via e-mail:
• half an hour before arrival at the loading site
• when arriving at the loading site
• daily in the morning
• in case of delay
• on the day before arrival on the unloading site
• on the arrival at the unloading site
• after unloading
10.3. Failure in log-in according to Section 10.2. or in case of communication hindered without any reason, and in the case of ignoring the Principal, average damage amount of 50 EUR / omitted log-in, and additionally, the de facto occurring damage can be charged to the Carrier.
10.4. Service disorders, in particular: damage to the goods, lack of goods, insufficient packaging, pallet breaks, open seals, traffic restrictions, denial of driver's presence during loading or unloading, theft, accident, breakdown, vehicle or cooling aggregator failure, technical and equipment problems, expected or real delays in loading or unloading, temperature deviation / fluctuation, failure to replace pallets and any other breach of specification.
10.5. All service disorders during loading and unloading must be recorded on the consignment note and, if necessary, in a separate protocol / record. In case of other service disorder occurring during the transport period, provision of necessary and / or supporting documents must be made at the first opportunity. Any irregularity must be immediately communicated on telephone and in written form to the Principal.
10.6. The Carrier agrees to keep the loading and unloading deadlines specified in the freight order, and the driver performing the freight task observes the applicable driving, working and resting times and fulfils the requirements of current legislation.
10.7. The Carrier agrees that the driver performing the freight task has sufficient driving and working time to complete the freight order and will not take out a 24-hour or 45-hour break during the transportation without the prior written notification and consent of the Principal. In the event of a delay caused by breaching of the afore-named obligations of the Carrier, resulting in loss of the Principal, the Penalty Provisions against the Carrier will be authoritative.
11.1. The Carrier declares that, in the case of transport of goods requiring cooling or tempering, it also has all the necessary permits, which must be presented or sent if necessary (public health (ÁNTSZ) ATP and FRC license; technical documentation of vehicle cooling equipment and cooling box insulation and thermoscript; food hygiene certificate about cleaning the cargo space of vehicles;)
11.2. The Carrier declares that it has a valid non-stop local service contract for the cooling aggregate.
11.3. In the course of transporting of goods requiring cooling, the Carrier warrants compliance with food hygiene regulations, in particular the rules of Regulation No 852/2004/EK and, in the case of transport of frozen goods, the European Commission Regulation No 37/2005/EK of 12 January 2005 on the control of temperature of quick-frozen foodstuffs in means of transport.
11.4. In the case of deliveries of medicinal products, the Carrier warrants compliance with the GDP guidelines.
11.5. Additional conditions for medical supplies are agreed upon by the parties.
12.1. In the case of the transportation of dangerous goods covered by the ADR, the Carrier shall certify that its employees have received the necessary training.
12.2. The deployed freight vehicle must comply with the applicable ADR regulations.
12.3. The driver performing the freight task must have a valid ADR examination and the necessary ADR equipment.
12.4. The driver performing the freight task is responsible for ensuring that all the documents required for the transport of the dangerous goods have been received by him at the place of loading.
13.1. The Carrier shall ensure that, in the case of non-EU transportation, the vehicle has a TIR Carnet or T-document by which he/she runs to the custom office of destination.
14.1. The Carrier agrees that unloading of the goods or parts of the goods to be forwarded at place other than the designated destination, adding other goods, transferring them, and separating the vehicle combination specified for the delivery (tow / trailer) may only be performed (except for collected and part loads) with prior written approval of DANIEL TRANS LTD.
14.2. Redirection to another recipient is possible only with the written permission of the Principal, in which case the parties count the following fees:
• 24 t truck 0.8 € / km;
• 22.5 t fridge truck 1 € / km.
• 3 t truck 0.36 € / km;
• van 0.25 € / km;
14.3. If a new loading or unloading site is established while the freight is being carried out, the Carrier agrees to accept the redirection conditions set forth in the contract, he does not claim any excess fee and acknowledges that in the event of any dispute, the terms of redirection accepted in the contract shall prevail. This agreement covers the difference between the original route and the new altered route specified in the freight order, the anticipated calculation of which is based on Google Maps. The actual settlement, if available, is based on the values recorded by the GPS positioning system of the vehicle and the route sheet. The redirection charge may only be calculated on the additional kilometer of the changed route.
14.4. The Carrier acknowledges that, if a new loading or unloading point is established during the transportation, the amount of the freight may increase by a maximum of 50 € per location.
14.5. A different agreement is possible between the parties by written agreement.
15.1. The Carrier undertakes to subcontract the freight task only with the prior written permission of DANIEL TRANS LTD. The Carrier agrees to fully warrant the fulfillment of freight performed by its subcontractor, and shall assume full responsibility for the subcontractor and for any other contributor, as if he had performed the performance himself.
15.2. The Carrier undertakes to use only a pre-qualified, verified subcontractor and a vehicle with valid CMR insurance for the particular freight order and to provide all official company documents to DANIEL TRANS LTD., in which the data and telephone number of the driver performing the freight task can be found.
16.1. DANIEL TRANS LTD. can only accept the waiting allowance for original and certified location cards / certificates. Proof of stop time is primarily made by filling in the location card / certificate and, if missing, by recording it in the CMR consignment note, indicating the date of check-in and check-out dates and signing it. If the filling or signing of these documents are denied by the loading crew, the timely GPS coordinates of the vehicle performing the freight task prevail. Forwarding of these documents or digital data to the Principal is the responsibility of the Carrier within 5 days after the execution of the order.
16.2. The condition of payment of the waiting allowance is the exact arrival of the Carrier on the point of loading or unloading specified in the freight order. The waiting allowance can not be settled if the vehicle performing the freight task has arrived at the designated loading and unloading place at a time other than those indicated in the freight order.
16.3. Free-of-charge stop time:
16.3.1. Within the EU: 24 hours, which does not include the time needed for official- and customs clearance procedures.
16.3.2. In non-EU countries: 48 hours, which does not include the time needed for official- and customs clearance procedures.
16.3.3. Official holidays of the country and the weekend (Friday 16:00 to Monday 8:00).
16.4. Due to the cancellation of the Principal’s order, the Carrier is entitled to an extra fare of 1 day stop time and an extra fare of 10 hour stop time for inland freight task.
16.5. The Carrier acknowledges that the Principal may cancel the freight order with 12 hours prior to the scheduled loading date without payment and compensation responsability.
16.6. Waiting allowance after each day started:
• 40 t standard trucks with tarpaulins, trucks with cooling boxes and refrigerators: 150 €;
• 7.5 t trucks with tarpaulins, trucks with cooling boxes and refrigerators: 70 €;
• 3,5 t trucks with tarpaulins, trucks with cooling boxes and refrigerators: 45 €,
• For inland freight task, 6 hours of stop time are free of charge, after this time 1500 HUF / hour / 40 tons, 1000 HUF / hour / 7.5 tons and 3.5 tons vehicles.
16.7. The Carrier acknowledges that in case of non-compliance with the unloading time specified in the order (especially FIX-ed, BOOK-ed), in case of delayed unloading, in addition to the proven damages and costs, the Carrier is liable to pay a penalty to DANIEL TRANS LTD. The amounts specified are as follows:
• 40 t standard trucks with tarpaulins, trucks with cooling boxes and refrigerators: 150 €;
• 7.5 t trucks with tarpaulins, trucks with cooling boxes and refrigerators: 100 €;
• 3,5 t trucks with tarpaulins, trucks with cooling boxes and refrigerators: 100 €,
17.1. The Carrier acknowledges that the failure to comply with the loading and unloading times, failure to arrive to the designated place, or breach of the obligation stated in the Communication point is subject to an indemnity / penalty liability and the penalty enforced to the Principal in connection with his/her default shall be borne by the Carrier. If, owing to delays or other proven breaches of the Carrier's sphere of interest, the Customer / Principal make claims on Daniel Trans Ltd with additional costs / penalties, the Carrier is obliged to fully satisfy all such demands. In addition, the Carrier is obliged to reimburse any damages arising from the breach of the contract in question or any costs shifted to Daniel Trans Ltd.
17.2. The Carrier acknowledges that if the vehicle performing the freight task does not appear for loading at the time stated in the order, or cancel / storno the freight task / order on the loading day, or the appeared vehicle is not suitable for loading (eg. lack of equipment, etc.), the Principal and its Customer are not obliged to wait for the vehicle arrival or for troubleshooting and for consulting with the Carrier. In this case, the Principal may also use another Carrier, and the damages and expenses arise from this are borne by the originally commissioned Carrier. In such case, the Principal shall be entitled for indemnity of 300 €, in addition to damages and expenses, which the Carrier shall pay to DANIEL TRANS LTD.
18.1. The Carrier undertakes, in the event that the freight order does not otherwise provide, to replace the wrappings used for loading (pallets, E2-boxes and other loading devices) at each loading and unloading site and to document it in writing by both the consignor and the consignee.
18.2. The fact of the change of the wrapping must be clearly certifiable both by the consignor and the consignee at the point of loading and unloading.
18.3. The carrier is responsible for the quality of the wrapping replacement. Qualitatively unacceptable wrapping (pallet, E2-boxes, other loading equipment) and any loss occurring by replacement must also be observed at the loading and unloading site by the driver performing the freight task and its occurrence must be documented in writing before the departure of the vehicle.
18.4. The Carrier is obliged to notify DANIEL TRANS LTD. of the above mentioned problem immediately, orally and in writing before the departure of the vehicle. Failing to do so the incurring damages and costs will be borne by the Carrier.
18.5. Wrapping not replaced on the loading site must be handed down on the loading site within 15 days. The return of the wrappings must take place before the arrival of the invoice sent to DANIEL TRANS LTD. In case when it does not arrive with the invoice, but it will be returned within the deadline of 15 days, a certification of this event must be sent to DANIEL TRANS LTD. dispatcher via e-mail, indicating the position number. When returning, the original order number, position number and the name of DANIEL TRANS LTD. must be indicated on the wrapping document and then the completion of this event must be certified on the loading site.
18.6. If the Carrier does not fully comply with the actions prescribed above by DANIEL TRANS LTD., the Carrier shall be liable to pay 15 € per each EURO-pallet for DANIEL TRANS LTD., without further deadline stipulation.
18.7. Failure in changing the pallet, the non-changed pallets will be invoiced to the Carrier at 15 € per pallet. In the case of incomplete pallet documentation, non-certified items will also be invoiced to the Carrier.
19.1. The Carrier agrees that in the event of unloading of the weight other than stated in the order, the Carrier shall immediately notify DANIEL TRANS LTD. orally and in writing before the departure of the vehicle. Failing to do so the eventually incurred penalties and costs due to the axle- or overload, will be imposed on the Carrier, for which the Carrier assumes full responsibility. In this case the costs mentioned above can not be shifted to the Principal. (See: Point 21: Costs).
20.1. The Principal informs the Carrier that in the case of goods exceeding the total weight of 3.5 tons (road toll vehicle), due to the EKAER system valid from 01.01.2015, during the transportation of goods obligated to be registered in the EKAER system, the receipt and transport of them is allowed exclusively in the possession of EKAER number.
20.2. The Principal is obliged to obtain the EKAER number from the Customer but the Carrier is obliged to inform in advance the Principal of the registration numbers of the vehicle performing the freight task and has to indicate any change in the registration number by communicating the new registration number both before starting and during the transportation, furthermore, the Carrier is obliged to indicate if consignments other than stated in the order or consignments of different value are placed on the performing vehicle.
20.3. If the Carrier fails to comply with its prior notification obligation, it shall be liable for all damages and expenses arising therefrom and shall be obliged to exempt the Principal, the consignor / consignee from any third party’s claims, irrespective of whether they are civil liability or fines or official obligation or actions. The Carrier shall bear its costs and damages in connection with its default.
20.4. The Carrier is obliged to notify the DANIEL TRANS LTD. of any information relating to the EKAER registration, in particular any changing of the registration number, using the following contact details and giving the content as follows:
info@danieltranskft.hu email address and representative e-mail address
• EKAER number
• Actually registered tow truck
• New tow truck (landmark, registration number)
• New trailer (landmark, registration number)
• Duration of modification
21.1. Costs incurred in exceptional situations shall be agreed by the contracting parties in advance. If this is not possible on the telephone, the Carrier shall provide evidence of extraordinary situation and send it to the Principal as soon as possible. Only those extra costs may be enforced, about which the parties have agreed in writing.
22.1. The freight cost shall include all costs necessarily and expediently incurred during transportataion. / TIR Carnet, TC32, guaranty, T1, T2, CMR filling, including the required insurance as well.
23.1. The freight cost specified in foreign currency are billed, if invoiced in HUF, at the MNB's central rate at the date of the unloading.
23.2. Before the arrival of your original invoice, the delivery documents and the invoice, indicated on them our position number - must be sent by e-mail to the following address: info@danieltranskft.hu
23.3. According to the the law 2007 CXXVII (VAT) 163.§-164.§ your original invoice must arrive at our registered office by post, at latest until the 15th of the month after the month of performance, with legal content, including our position number and with the following documents:
• 2 pc original, numbered CMRs and certified delivery notes legally proving the receipt of the goods
• in the case of transport of goods requiring cooling, original thermoscript, thermodiagram,
• in the event of a change of the wrapping, documents certifying the change (in the absence of them, the number of wrappings changed during loading and unloading must be clearly demonstrated in the CMR document)
• if necessary, other documents (residence / location certificate, cooling / temperature check sheet, original fact-invoices proving other arising costs)
23.4. If the invoice and attachments are not received by the Principal within the above named deadline, and therefore DANIEL TRANS LTD. will be subject to a tax penalty for breach of the aforementioned law, the Carrier undertakes to reimburse it.
23.5. The Carrier acknowledges that the Principal will pay the amount of the invoices received late by him discounted by 10%.
23.6. The documents listed in Section 23.3. are the validity means of the invoice. Without these, DANIEL TRANS LTD. can not accept the invoice and can not make the settlement of it. In the event of loss of any document received for freight task, the Carrier shall be liable for any costs and consequence incurred.
23.7. In addition to the legal elements the Carrier is obliged to include in the invoice the followings:
• VAT number, both of the Carrier and the Principal (Daniel Trans Ltd: 24978905-2-15, EU tax number: HU24978905)
• Passed tax indicated in HUF, even if the other data are expressed in foreign currencies.
• Billing- and headquarters address: Daniel Trans Ltd. HU-4336 Őr, Rákóczi út 54.
• Post address: Daniel Trans Ltd. HU-4481 Nyíregyháza, Szabó Lőrinc utca 31.
• Daniel Trans Ltd. freight order position number
• Vehicle registration number
• Date of loading and unloading (Fulfilment date on the invoice to be issued must be the date of unloading)
• Destination of freight task (exact loading and unloading place with postal code)
• Financial contact person of Carrier (name, telephone, e-mail)
• Document proving the fact of an intermediary service.
23.8. The Carrier acknowledges that the Principal accepts only original documents.
23.9. If the invoice does not comply with the requirements set forth above, DANIEL TRANS LTD. treats it formally incorrect and sends it back without accounting and payment, which must not be considered as a breach of contract and in addition DANIEL TRANS LTD. will charge an administration fee of 20 EUR, which will be deducted from the invoice consideration upon settlement.
23.10. If the invoice arrives at the billing- and registered office address in spite of the given postal address in accordance with the above-mentioned regulations, DANIEL TRANS LTD. will charge an administration fee of 20 EUR, which will be deducted from the invoice consideration upon settlement.
23.11. In case of a correctly issued invoice, we will confirm the invoice by e-mail to the financial contact e-mail address given on the invoice, indicating the payment deadline.
23.12. The payment deadline is 60 calendar days from the receipt of the correct invoice, by bank transfer, otherwise may be agreed by mutual agreement. The due date of the payment is the date of transfer of invoice value.
23.13. If the Carrier has expired debts arising of any legal relationship with DANIEL TRANS LTD., DANIEL TRANS LTD. has the right to count the debt of the Carrier in his payment obligation, with simultaneous information of the Carrier.
24.1. The Carrier shall respond as soon as possible but no later than 15 days to the damage notification and the clarification of the damage conditions and attach the documents already issued to his response. During claim correspondence one must proceed without delay.
24.2. The Parties seek to settle their dispute in a peaceful way. If the dispute can not be settled peacefully, the parties may appeal to the court competent according to the CMR Convention. The Carrier acknowledges that a claim may be enforced against him under the jurisdiction and competency of the Principal’s country.
24.3. For the contractual relationship between the parties the CMR Convention, the Hungarian General Transport Terms and the Hungarian Civil Code are authoritative.
25.1. Lien and right of retention excluded.
26.1. A Megbízó, mint Adatfeldolgozó az adatkezelésre és adatfeldolgozásra vonatkozó jogszabályoknak, különösen az Európai Parlament és a Tanács 2016. április 27. napján elfogadott 2016/679. számú rendeletében (GDPR) való megfelelés érdekében a Fuvarozó által rendelkezésére bocsátott személyes adatokat a közöttük fennálló jogviszony alapján kizárólag olyan céllal és mértékben kezeli, dolgozza fel, amilyen céllal és mértékben az a fuvarfeladat teljesítéséhez szükséges.
26.2. A Társaság tevékenysége ellátása során főként jogi személyekkel szerződik, azonban fenn áll a lehetősége annak, hogy magánszemélyekkel és egyéni vállalkozókkal is szerződjön. Mindemellett a jogi személyekkel kötött szerződésekben a szerződéses kapcsolattartóként megjelölt adatok is rögzítésre kerülnek.
26.3. A fuvarozással kapcsolatban azonban a megbízó kérésére, mint adatfeldolgozó, illetve a Társaság jogos érdekeire tekintettel, a csalások megelőzése végett, mint önálló adatkezelő további adatokat kérhet be a Társaság, így különösen a fuvarozást végző személy nevét, telefonszámát, sok esetben a személyi igazolvány, vagy az útlevél számát, esetlegesen forgalmi engedély másolatát.
26.4. A Társaság az általa megbízott fuvarosok adatait, így különösen nevüket és telefonszámukat bizonyos esetekben átadja a terméket megrendelőnek. Mivel a Társaság harmadik államba is szervez fuvarokat a Társaság így harmadik állam felé is továbbítja az érintett adatait. Ez lehetséges a megrendelő kérésére, mely esetben a Társaság csupán adatfeldolgozóként, utasításra továbbítja a személyes adatokat, vagy abban az esetben is, amennyiben a fuvarozóktól a Társaság jogos érdeke alapján került felvételre az érintett adata. Ez utóbbi esetben a Társaság gondoskodik az érintettek tájékoztatásáról és a harmadik államba történő adattovábbításokra vonatkozó kifejezett hozzájárulás beszerzéséről.
26.5. Az adatkezelés alapja, hogy a szállítmányozás során számos esetben fordulhat elő a fuvarok során késés, fennakadás, ami miatt szükséges lehet a sofőrök nevének és telefonszámának megadása.
26.6. A Társaság gazdasági tevékenysége körében mind jogi személyekkel, mind természetes személyekkel üzleti kapcsolatban áll, melynek szükségszerű velejárója a számlázási tevékenység.
26.7. A Társaság által kötött szerződéseket – a kapcsolattartói adatokkal egyben – és a Társaság saját maga által kiállított és nyomtatott számlákat az RLB60 számlázó rendszerben kezeli, amihez a www.számlazz.hu program segítséget nyújt, ezért ehhez külsős céget nem alkalmaz. A Társaság elektronikus számlát nem állít ki.
26.8. Az adatkezelés célja: Az adatkezelés célja a Társaság ügyfeleivel történő szerződések előkészítése, megkötése, illetve azok teljesítése, a jogi személyekkel kötött szerződések kapcsolattartóinak nyilvántartása továbbá a számlák kiállítása és tárolása.
26.9. Kezelt adatok köre: A szerződő neve, székhelye, nyilvántartási száma, adószáma, bankszámlaszáma, telefonszáma, személyi igazolvány, vagy útlevél száma, esetlegesen forgalmi engedély másolata.
26.10. Az adatkezelés jogalapja: A szerződő fél GDPR 6. cikk (1) bekezdés b) pontjára alapján szerződés megkötése illetve teljesítése, amennyiben partner adat kerül továbbításra (megadásra) harmadik fél számára GDPR 6. cikk (1) bekezdés a) pontja szerinti érintteti hozzájárulás, vagy kiegészítő jelleggel a GDPR 6. cikk (1) bekezdés f) pontja szerinti jogos érdek. A kapcsolattartói adatok, illetve a szerződés teljesítéséhez nem szükséges adatok nyilvántartása a Társaságnak a GDPR 6. cikk (1) bekezdés f) pontja szerinti jogos érdekén alapul. A GDPR 6. cikk (1) bekezdés c) pontja, illetve a számvitelről szóló 2000. évi C. törvény 167. §-a.
26.11. Az adattárolás határideje: A szerződés teljesítését követő 5 évig valamint a számviteli bizonylatokat a számvitelről szóló 2000. évi C. törvény 169. § (2) bekezdése értelmében legalább 8 évig köteles a Társaság megőrizni. A Társaság 8+1 év elteltével automatikusan törli az érintett személyes adatait.
26.12. Az adatszolgáltatás elmaradásának lehetséges következményei: A személyes adat szolgáltatása szerződés teljesítéséhez szükséges, amennyiben az érintett az adatokat nem bocsátja a Társaság rendelkezésére, úgy a Társaságnak nem áll módjában a szerződés teljesítése.
26.13. A Társaság adatokat továbbít a Nemzeti Adó és Vámhivatal részére az általános forgalmi adóról szóló 2007. évi CXXVII. törvényben foglaltak alapján.
A Társaság adatkezelésével kapcsolatos naprakész tájékoztatását a http://danieltranskft.hu/en/16/gdpr weboldalon tekintheti meg illetve adatainak kezelésével kapcsolatos kérdéseivel a weboldalunkon feltüntetett adatvédelemért felelős munkavállalóhoz fordulhat.
27.1. The titles of the individual domains serves only for easier orientation, otherwise the provisions are to be interpreted uniformly.
27.2. The natural persons acting on behalf of the Principal and the Carrier declare that they are proceeding in the matter in question in the name of the their company, with its commission and authority.
