General Terms and Conditions

  1. Preamble
    1. Welcome to General Terms and Conditions of Shipvio s.r.o., Company ID no. 045 13 363, with a registered office at Pernerova 676/51, Karlín, 186 00 Prague, registered in the Commercial Record at the Municipal Court in Prague, fi no. C 248693 (hereafter „Shipvio s.r.o.“), operating a technological platform, which allows to meet offer and demand in the area of road freight transportation, and providing a number of services associated with this platform. Just as in other cases, also provision of services by Shipvio s.r.o. is governed by the applicable legislation and within the frame thereof also by certain business terms and conditions. By using Shipvio s.r.o. services you imply your consent with these General Terms and Conditions. Consequently you should review these General Terms and Conditions carefully.
    2. The said technological platform of Shipvio s.r.o. is represented in particular by an application, which may be used in two ways, on the one hand by senders, i.e. legal entities or by self-employed natural persons, who inquire about transportation of their cargo at Shipvio s.r.o., and on the other hand by freight forwarders, i.e. legal entities and self-employed natural persons, who provide services demanded by Shipvio s.r.o. The main functions of the application is to submit inquiries for freight transportation by individual users and to acquire offers for freight transportation, to review such offers and submit binding offers of the services. In addition thereto the application contains a number of other functions, such as tracking the transported cargo, evaluation of services etc.
    3. The order of transportation itself, described in more detail below in these General terms and Conditions, takes place on the basis of the sender’s inquiry, which the sender sends through the application along with key parameters of the inquired transportation of their cargo to Shipvio s.r.o. In follow-up on the sender’s inquiry Shipvio s.r.o. searches for the most suitable freight forwarder and contacts them through the application. Subsequently the freight forwarder may reply to the inquiry and send their offer for freight transportation to Shipvio s.r.o. through the application, containing in particular the price of the transportation. Shipvio s.r.o. will then send the transportation offers for the freight transportation acquired according to the preceding sentence through the application to the sender, including information on price and capacity of the freight forwarder. The sender is then allowed to select any of these offers and bindingly accept it, or on the contrary not to accept any of the offers.
    4. These General Terms and Conditions are the basic business terms and conditions of Shipvio s.r.o. applicable to users using the Shipvio s.r.o. application, using the Shipvio apps and/or using any services provided by Shipvio s.r.o., from the moment the user begins to use the services/application. If the user starts to use also other services that may be associated with additional special terms and conditions, they agree also with such special business terms and conditions, which as far as the user is concerned thereby become a part of these General Terms and Conditions and will prevail over General Terms and Conditions.
    5. Before you start to use Shipvio s.r.o. services, please read carefully these General Terms and Conditions, as well as other associated documents referenced therein. These General Terms and Conditions lay down the conditions, under which you may use Shipvio s.r.o. services.
    6. Your acceptance of these General Terms and Conditions is a condition for your use of Shipvio s.r.o. services. By checking the consent with Shipvio s.r.o. conditions, sending an order form or by similar action you confirm you have made yourself acquainted with these General Terms and Conditions, you convey your unconditional consent undertake to comply therewith. Without conveying your consent with these General Terms and Conditions you may not use Shipvio s.r.o. services. The same applies also in case you begin to use any other Shipvio s.r.o. service, to which other special business terms and conditions apply.
  2. Definitions
    1. Application” as used in these General Terms and Conditions (GTC) is understood as a mobile, web-based or other digital application used by the Client while using the Software in order to inquire about cargo transportation, acquire offers of transportation of the cargo from Shipvio s.r.o. that have been submitted by individual Interested Parties on the basis of the cargo parameters, selection of the most suitable offer of cargo transportation, and used by the Interested Party while using the Software to offer road transportation vehicles with stating parameters of the specific offer, which according to Shipvio s.r.o. consideration be offered to the Client for cargo transportation. Through this application, demand of the Client is being matched with offer of the Interested Party and mutual acceptance thereof takes place, which forms the incentive to enter into an Agreement to Procure Transportation between the Client, which thereby becomes the Sender, and Shipvio s.r.o., and to enter into an Agreement on transportation between the Interested Party, which thereby becomes the Freight Carrier, and Shipvio s.r.o. Furthermore, the Application offers monitoring of the transported cargo and subsequent confirmation of delivery to the recipient, along with other associated functions.
    2. Transport price“ in these GTC (General Trading Conditions) means the price without VAT for load transport by the Transporter.
    3. Forwarding reward“ (price for transport arranging) means the total price without VAT for arranging of the transport of the sender´s load by Shipvio s.r.o.
    4. Transporter” in these GTC means the Aplicant that made the Transport Contract with Shipvio s.r.o.
    5. Civil Code” in these GTC means the act n. 89/2012 Coll.., Civil Code, as amended.
    6. Order Party” in these GTC represents the User who puts the demand on procuring the road transportation during usage of the Service, and for this purpose the User applies the demand on the load transport via the Application. In relation to the Shipvio s.r.o., the Order Party is considered as the Committer.
    7. Shipper” means the Order Party (Committer) who concluded the Contract on load transportation with the trading company Shipvio s.r.o.; the Forwarding Contract is further specified in the art. VII. of these GTC.
    8. Shipvio” or „Shipvio s.r.o.” means the trading company Shipvio s.r.o., ID 04513363, having offices at Pernerova 676/51, Prague 8 – Karlín, Zip Code 186 00, established and existing according to the law in the Czech Republic and registered in the Commercial Register maintained by the Municipal Court in Prague under file n. C 248693, or in accordance with circumstances any other legal entity that is connected to Shipvio s.r.o. through the property. If the User is addressed in these GTC, the trading company Shipvio s.r.o. is being addressed.
    9. Services” in these GTC represent all of the services provided by Shipvio s.r.o., especially arranging of the loan transport, obtaining offers for such transport and negotiating the load transport for the Order party or Shipper. Services in these GTC further represent arranging of offers on load transportation and thereby filling the capacity of vehicles for the road transport of the client/carrier. All of that with using the Application.
    10. Load” means the goods of certain value with the exception according to the art. 1 of CMR Convention, while following types of goods are excluded from the load transportation:
      • any kind of dangerous goods,
      • highly valuable or sensitive kind of goods as a subject of theft, for example smartphones, computer components, TV sets, cameras etc.,
      • guns and munition,
      • antique goods, artistic goods of any kind,
      • motor vehicles,
      • live animals,
      • goods requesting export or transit license,
      • alcohol and cigarettes,
      • money and jewels.
    11. Contracting parties” of the Forwarding Contract represent the Sender as a Committer and Shipvio s.r.o. as a forwarding agent.
    12. Contracting parties of the Transportation Contract” represent Shipvio s.r.o. as sender and carrier that concluded the Transportation Contract with Shipvio s.r.o.
    13. Transportation Contract” means a contract concluded between Shipvio s.r.o.and Carrier, the subject of this contract is transport of the Committer´s load.
    14. Contract on transport arranging – Forwarding Contract” is a contract between Shipvio s.r.o. as a Forwarder and Committer (Sender), and the subject of this contract is to arrange transport of “Committer´s load.
    15. Software” in these GTC means any computer program or digital platform enabling arranging of services, especially working of the Application.
    16. Arrangement” in these GTC means the Arrangement of transportation contract in the international road haulage (CMR) for the purpose of uniform adjustment of conditions of the Transportation Contract in international road haulage, especially of transport documents used during this transportation and of transporter´s responsibility.
    17. User” in these GTC means every legal entity or personal entity running a business and registered into the Application and using the Services, especially Order Party and Applicant.
    18. General Trading Conditions” or „GTC“ mean these general trading conditions.
    19. Web pages” in these GTC means web pages of the Application on the web interface www.shipvio.com or other web pages where the Services are provided.
    20. Client” in these GTC represents the User that offers the load (goods) transportation while using the Service, for this purpose the Application addresses the client as a shipper of the committer´s load. The applicant presents the offer on Committer´s load transport realization to Shipvio s.r.o. via the Application.
    21. User´s account” in these GTC means a unique user´s account that defines the User and his working environment in the Application using the entry email and password.
  3. Subject of General Terms and Conditions and Personal Data Processing
    1. The Subject of this General Terms and Conditions is to stipulate rights and obligations of the parties in the course of providing the Services and use thereof by the User, as well as terms of use of the Application.
    2. Special parts of these General Terms and Conditions referred to in articles VII. and VIII. hereof prevail over other (general) parts of these General Terms and Conditions.
    3. If the User uses also other Services, to which special business terms apply, such special business terms have precedence over these General Terms and Conditions.
    4. In the course of using the Services the Users – self-employed natural persons provide personal data to Shipvio s.r.o., namely business name, name and surname, company ID no., e-mail addresses, registered office, telephone number.
    5. 5. The manner of processing personal data is stipulated in personal data protection policy (hereafter ”Personal Data Protection Policy”), which are available zde.
  4. Rights and Obligations of Shipvio s.r.o.
    1. Shipvio s.r.o. is entitled, even without a previous notice:
       

      1. a. to deactivate at any time any user account or access data to a user account, in particular in case the User breaches these General Terms and Conditions;
      2. limit, modify or terminate provision of Services at any time;
      3. add, change or remove functions from the Application at any time;
      4. in case of repeated breach of these General Terms and Conditions prevent the User from further use of Services, in particular to block their access to use of Services from the device used previously to use the Services, during which these General Terms and Conditions were breached;
      5. delete the User’s account that is fictitious, duplicate, created for another person without authorization, account of a User stating untrue information or account created by someone, whose account was deleted on the grounds of breaching these General Terms and Conditions;
      6. based on a User’s request add information to their account;
      7. use the User’s mobile phone number (if it is known), in particular if the User forgets their password and requests a new one. Shipvio s.r.o. is also entitled to use mobile phone number for sending notifications and other messages related to the Services. The User may cancel or renew sending of these messages or a portion thereof at any time;
      8. change the information in the User’s account or add information to the User’s account without an express request of the User, in particular in case of correcting errors and clear inaccuracies. By agreeing to these GTC the User grants to Shipvio s.r.o. their express consent with the procedure according to the previous sentence.
    2. Shipvio s.r.o. undertakes to delete the User’s account and all their personal data upon their request; however, Shipvio s.r.o. is not obliged to delete information on the transactions made by the User.
    3. Shipvio s.r.o. does not guarantee to Clients or Senders that they will receive offers for transportation of their cargo in follow-up to their specific demand for transportation of their cargo.
    4. Shipvio s.r.o. does not guarantee to Interested Parties or Freight Carriers any contract for freight transportation.
    5. Shipvio s.r.o. is expressly not obliged to secure uninterrupted and non-stop availability of the Services.
    6. By invoking any right under these General Terms and Conditions Shipvio s.r.o. does not in any way waive or dispose of any other right, neither does any such right expire on its own. Shipvio s.r.o. is in particular entitled to continue to assert other claims against the User, who breached these General Terms and Conditions, in particular to claim compensation of damage caused to Shipvio s.r.o. as a result of breach of obligations according to these General Terms and Conditions by the User.
    7. Shipvio s.r.o. is committed to provide the Services perfectly under the conditions negotiated and determined in the concluded contract or usual conditions, whereas no exceptional quality above the usual services is guaranteed unless otherwise agreed.
    8. Rights and obligations of the Parties regarding liability of Shipvio s.r.o. for flaws of Services, i.e. regarding rights arising from faulty performance, will be governed by the applicable legislation, in particular by Section 1914 et seq. of the Civil Code.
  5. Rights and Obligations of the User
    1. User’s registration:
       

      1. Each User is obliged to register in the Application on the Shipvio s.r.o. website prior to using the Services, namely as the Client or as the case may be, Sender, or as the Interested Party or as the case may be, Freight Carrier, by filling out a registration form located on the Website or in the Application, in which they will select whether they are the Client / Sender or Interested Party / Freight Carrier, whereupon they will be redirected to the relevant registration form of the Service.
      2. The User undertakes to state complete and true information about themselves as required in the registration form according to the previous paragraph of this article and at the same time will check the consent with these General Terms and Conditions and Personal Data Protection Policy, whereby the User will confirm that they agree with these documents and that they made themselves acquainted therewith. By sending the registration form the User at the same tome confirms the accuracy of the stated information.
      3. Every user is entitled to cancel the registration in the Application anytime. The above-mentioned setting is not valid if the Contractual Party of the Contract on transportation or valid Contract on transport arranging, for the duration of the contract validity, or for the period of existence of claims resulting from this contract (claims resulting from faulty performance, from compensations of damages, from unjust enrichment).
    2. When using the Services each User undertakes:
       

      1. no to encroach on rights of other Users and not to abuse the Services in any way;
      2. not to use the Services to disseminate ideas contrary to good morals, infringing upon public order or that represent illegal conduct on their own or that incite others to such illegal conduct;
      3. to register a user account and use the Services as the Client, or as the case may be, Sender, only in case they are a legal entity or self-employed natural person competent to validly accept these General Terms and Conditions and be bound by them without the need of consent of other persons or bodies;
      4. to register a user account and use the Services as the Interested Party, or as the case may be, Freight Carrier only in case they are a legal entity or self-employed natural person competent to validly accept these General Terms and Conditions and be bound by them without the need of consent of other persons or bodies, they are duly insured in the event of causing damage to the property of third parties at minimum in the extent required by the applicable legislation for performing transportation of cargo by road freight vehicles, they have the relevant license to transport cargo and all associated activities;
      5. to provide Shipvio s.r.o. true, current and accurate information about themselves, immediately notify Shipvio s.r.o. of any changes of such information;
      6. not to use Services in any way that would limit, aggravate or prevent provision of Services, in particular not to overload the Website or otherwise decrease the performance thereof;
      7. observe and comply with security measures employed Shipvio s.r.o. for using the Services, in particular not to try to breach, disrupt or circumvent any security measures, not to access or try to access other Users’ accounts;
      8. to keep the access data to their user account confidential, in particular not to disclose it to third parties and to adopt other measures preventing third parties from easily obtaining the User’s access data;
      9. in case they find or suspect that another person abused their user account or knows their password, to immediately change it and if they deem it appropriate, notify Shipvio s.r.o.;
      10. not to impersonate another person;
      11. in case they use the Application (or other Services) through a mobile phone, use them in a way not violating the applicable legislation and not causing any damage to Shipvio s.r.o., other User or any third party (e.g. in road traffic);
      12. not to promote products or services while using the Services without a consent of Shipvio s.r.o., with the exception of offering services associated with the transportation in question;
      13. to refrain from any action that may damage or endanger the goodwill of Shipvio s.r.o.;
      14. in case of breach of these General Terms and Conditions to completely hold harmless and indemnify Shipvio s.r.o. or other Users against any claims (including claims for associated costs) brought against Shipvio s.r.o. as a result of such breach of these General Terms and Conditions;
      15. in case the User is an Interested Party, or as the case may be, Freight Carrier, not to use the Services provided by Shipvio s.r.o. outside the scope of their business activities or self-employment in the sense of Section 419 of the Civil Code.
    3. In the course of using the Services the Users acknowledge that:
       

      1. inquiry about cargo transportation by the Client, submitting offers of the Client’s cargo transportation by the Interested Party’s road freight vehicles and other use of Services by other Users are not subject to automatic control on the part of Shipvio s.r.o. and use of Services by other Users does not imply that Shipvio s.r.o. approves of such use. In any case Shipvio s.r.o. would welcome any notification from Users regarding any breach of these GTC by other Users;
      2. Shipvio s.r.o. is not liable in any way for the User’s Internet connection. Provision of Internet connection is not a part of the Services and it is up to the Users to secure the Internet connection at their own expense and also to secure such technical equipment that is sufficient to use the Services;
      3. do not have, with the exception referred to in art. X. (4) hereof any claim to any consideration in relation to using or promoting the Services, unless agreed otherwise with Shipvio s.r.o. in writing;
      4. Shipvio s.r.o. is entitled to provide third parties references on Services provided to Users based on the actual use of Services and to use this information otherwise for own promotion, i.e. in particular to use for own promotion the User’s name and information on the provided Service, with the exception of price of the provided Service;
      5. Shipvio s.r.o. procures offers of transportation for the Client and negotiates the transportation of the Client’s cargo with the Interested Party, all through the Application.
    4. A User, who is a Client, or as the case may be, Sender, is entitled:
       

      1. to register a user account and change or delete information entered in such account;
      2. to ask Shipvio s.r.o. at any time to delete their user account, provision of the preceding sentence does not apply, if they are a Party to an Agreement to Procure Transportation, which is in force, for the term of such agreement;
      3. to inquire through the Application about transportation of a cargo specified by them;
      4. to acquire offers of free road freight vehicles through the Application following up on their specific inquiry;
      5. to view profiles of individual Interested Parties, or as the case may be, Freight Carriers within the Application, whose offer for transportation has Shipvio s.r.o. made accessible, and also their evaluation by other Senders and comments of other senders regarding the services I question provided by the Interested Party, or as the case may be, Freight Carrier;/li>
      6. to evaluate within the frame of the Application their satisfaction with the services of individual Freight Carriers, or to attach their comments to such evaluation of the services provided by the Freight Carrier;
      7. to bindingly accept offers of Shipvio s.r.o. through the Application acquired from Interested Parties, or as the case may be, Freight Carriers, for transportation of cargo specified by them;
      8. to monitor through the Application the movement of the cargo being transported by the Freight Carrier;
      9. to view in the Application a detailed overview of cargos transported for them by Freight Carriers.
    5. A User, who is a Client, or as the case may be, Sender, is obliged:
       

      1. to send upon request to Shipvio s.r.o. in writing or by e-mail sent to [email protected] a confirmation of meeting the terms of use of the Application by the Client, or as the case may be, Sender, in particular the terms referred to in art. V. (2) c) by presenting the copies of the following documents:
        1. extract from the Commercial Record of the Client, or as the case may be, Sender, no older than three months, if the Client, or as the case may be, the Sender is a legal entity or self-employed natural person registered in the Commercial Record;
        2. extract from the Trade Register of the Client, or as the case may be, Sender, no older than three months or another certificate proving the authorization of the Client, or as the case may be, Sender, to conduct business according to another Act than the Act no. 455/1991 Coll., on Licensed Trade (Trade Licensing Act) no older than three months;
        3. registration certificate of VAT payer of the Client, or as the case may be, Sender, if the Client, or as the case may be, Sender, is a VAT payer,

        all of the above in 7 days after these documents are requested by Shipvio s.r.o.

    6. A User, who is an Interested Party, or as the case may be, Freight Carrier, is entitled:
       

      1. to register a user account and change or delete information entered in such account;
      2. to ask Shipvio s.r.o. at any time to delete their user account, provision of the preceding sentence does not apply, if they are a Party to a Transportation Agreement, which is in force, for the term of such agreement;
      3. to submit in follow up on specific inquiries of Shipvio s.r.o. about transportation of Clients’ cargo through the Application individual offers of road freight vehicles;
      4. to monitor through the Application the movement of the cargo being transported;
      5. to view in the Application a detailed overview of cargos transported by them for the Sender.
    7. A User, who is an Interested Party, or as the case may be, Freight Carrier, is obliged:
       

      1. to prove to Shipvio s.r.o. in writing or by e-mail sent to [email protected] a confirmation of meeting the terms of use of the Application by the Interested Party, or as the case may be, Freight Carrier, in particular the terms referred to in art. V. (2) d):
        1. submitting a copy of extract from the Trade Register of the Interested Party, or as the case may be, Freight Carrier, no older than three months, proving that the condition of due insurance of the Interested Party, or as the case may be, Freight Carrier in the sense of art. V. (2) d) hereof was met, no later than as of the moment the Interested Party, or as the case may be, Freight Carrier first submits offers for the inquired transportation;
        2. upon request of Shipvio s.r.o. also by submitting a copy of extract from the Commercial Register of the Interested Party, or as the case may be, Freight Carrier, no older than three months, if the Interested Party, or as the case may be, Freight Carrier is a legal entity or self-employed natural person registered in the Commercial Record;
        3. registration certificate of VAT payer of the Interested Party, or as the case may be, Freight Carrier, if the Interested Party, or as the case may be, Freight Carrier, is a VAT payer,

        all of the above in 7 days after these documents are requested by Shipvio s.r.o.

      2. in relation to fulfillment of Transportation Agreements to secure compliance with all legislation applicable to transportation of cargo by specific natural persons, who will take part in performance of such agreement;
      3. to make sure that every vehicle used by them to perform the above referred agreements met technical requirements for conducting cargo transportation and the relevant vehicle type and that the vehicles were fitted with a functional GPS module compliant with technical requirements stipulated by the applicable legislation;
      4. to make sure the position of each vehicle transporting the cargo on the basis of a concluded Transportation Agreement was traceable through the Application.
    8. Termination of Services:
       

      1. the Client, or as the case may be, Sender, is entitled to cancel their inquiry at any time for convenience up to the moment the Agreement to Procure Transportation is concluded with Shipvio s.r.o.;
      2. the Interested Party, or as the case may be, Freight Carrier is entitled to withdraw their offer at any time for convenience up to the moment the Transportation Agreement is concluded with Shipvio s.r.o.
      3. In case of canceling demand by the Order Party or of the offer by the Applicant/Carrier, at the time when their pre-contract responsibility has been established according to the Civil Code § 1729, the Order Party or the Applicant is obliged to discharge such claims.
    9. Users registered as Interested Parties, or as the case may be, Freight Carriers, further acknowledge that Shipvio s.r.o. is not obliged to secure the full functionality of user account of the User being the Interested Party, or as the case may be, Freight Carrier, before the Interested Party, or as the case may be, Freight Carrier complies with all obligations referred to in art. V. (7) a) item i.
    10. Each User is liable that each person using the Services through their user account complies with the terms of using the Services according to these General Terms and Conditions, is acquainted with the language of these General Terms and Conditions and complies therewith and that each such person was made acquainted with the Personal Data Protection Policy associated with use of the Application, or as the case may be, with other special business terms and conditions of Shipvio s.r.o binding to them.
    11. Shipvio s.r.o. is not liable to Users for failure to provide Services, nor is it liable for any damage or harm that was or may be incurred by the Users as a result of limitation, change or termination of Services preventing the User from access to their user account, deletion of a user account or in case of exercising any other right of Shipvio s.r.o. according to these GTC or the applicable legislation. Furthermore, Shipvio s.r.o. will not be liable for any harm caused to Users or third parties as a result of vis major event.
    12. The User is not entitled to assign or otherwise transfer their rights arising from these General Terms and Conditions to a third party without a written consent of Shipvio s.r.o.
    13. The Users hereby expressly declare they have been given an opportunity to divert from these General Terms and Conditions after consulting with Shipvio s.r.o. and that bearing that fact in mind they are using the Services.
    14. Each User is entitled to terminate the use of Services or any portion thereof at any time; obligations arising from already concluded agreements are not affected thereby.
  6. Use of Services within the Application
    1. Each User interested in using the services of Shipvio s.r.o. is obliged to register in the Application according to article V. (1), to set up a user account and state truthfully the required information. In case there is a change of such information, the User will be obliged to notify Shipvio s.r.o. thereof through the Application without undue delay after such change occurred.
    2. If the Client is interested in using Shipvio s.r.o. services, namely if the Client makes an inquiry about transportation of their cargo, they may use the Shipvio s.r.o. Application, which is designed so that the Client can enter the required parameters of the cargo they need transported to a previously determined location in the previously determined time frame (hereafter “Inquiry”).
    3. Shipvio s.r.o. will evaluate the Client’s Inquiry and will address registered Interested Parties through the Application, which correspond to the given parameters of the Inquiry, whereas Shipvio s.r.o. will in turn receive offers for transportation of the given cargo from Interested Parties with a price quote in the amount of the Price for Procuring Transportation, stating the offered vehicle for road transportation and as the case may be, other criteria as may be decisive for selecting such offer (hereafter “Offer”).
    4. Shipvio s.r.o. will make the received Offers relating to the given Inquiry accessible to the Client, who may select one, none or several Offers.
  7. Agreement to Procure Transportation
    1. Concluding an Agreement to Procure Transportation:
       

      1. The Forwarding Contract is concluded between the Order Party (Committer) and Shipvio s.r.o. The Contract is concluded when Shipvio s.r.o as a Sender confirms the Committer´s demand via the Application. Rights and duties of the Parties are governed by these GTC, regulations of the Civil Code and General forwarding conditions of the Forwarding and logistics association.
    2. Subject of the Agreement to Procure Transportation:
       

      1. The Subject of this Agreement to Procure Transportation is to lay down the rights and obligations arising to the Sender and Shipvio s.r.o. in the course of procuring transportation of the Sender’s cargo under this Agreement to Procure Transportation./li>
    3. Rights and obligations of the Sender
       

      1. The Shipper is entitled to arrange the transport of required load in determined period under the conditions specified in the demand, which was confirmed by Shipvio s.r.o.
      2. If it is necessary to arrange further accessories for the load transportation according to the Forwarding Contract, especially the loading technics, the Shipper is obliged to accomplish and arrange the loading on it´s costs.
      3. The Shipper is obliged to compensate all expenses, damages and costs resulting from the delay of the load forwarding to the transport, delay loading, especially demurrage and detention charges, to Shipvio s.r.o. Shipvio s.r.o. shall account for such costs via the invoice with 14-day maturity from the delivery date.
      4. The right to compensation of the load damage:
        1. The Shipper is entitled for compensation of damage caused by Shipper´s action or fail to Shipvio and in accordance with restrictions given in forwarding conditions of the Forwarding and logistics association. In case of damage on the goods or any other damages caused by the Transporter, shipper´s title to compensation of a damage goes by the common obligatory regulations, in case of international transportation by the international arrangements. The Forwarder Shipvio s.r.o. passes any titles arising as a result of Transporter´s acting or fail to the Shipper, so that the Shipper can stake the claim duly and on time. If the transportation should obey Transporter´s general conditions, the Shipper has to be informed about such conditions in advance to be able to express assent to the conditions, otherwise these conditions are not binding on the Transporter.
        2. The Shipper is obliged to stake all claims towards the Transporter without undue delay, possible delay or expiration of the claims in virtue of late claiming go fully to the burden of the Shipper.
        3. The Shipper is entitled to demand compensation of damage arising at the period between the load takeover by the Transporter and the load release to the Receiver from the Transporter according to the Civil Code, reg. § 2566 and following.
        4. The obligation to the damage compensation by Shipvio s.r.o. is limited according to the General forwarding conditions of the Forwarding and logistics association.
      5. When the Forwarding Contract is concluded, the Shipper can communicate directly to the particular Transporter performing the transport of the shipper´s load mainly for the reason of:
        • specification of the transport conditions;
        • specification of the loading term;
        • specification of the loading conditions;
        • negotiation of demurrage charges;

        these arrangements are not to be the burden for the Forwarder Shipvio s.r.o. and the Shipper is obliged to pay assumed liabilities directly to the Transporter.

      6. The Shipper is obliged to:
        1. prepare the load on the agreed day, arrange necessary technical equipment for the loading and realize all other duties, so that there is no delay with loading and forwarding of the load for transportation;
        2. prepare all necessary documents to the load for the needs of the Transporter, refer to increased value of the package and have it insured if the weight of the package 5times exceeds the substitute value according to the art. 23 par. 3 of the CMR Convention.
        3. Provide the Transporter with sufficient information about the Receiver, so that the load can be properly delivered and handed over;
        4. pay the invoice issued by the Shipper Shipvio s.r.o. within 14 days after delivery;
        5. v. pay the costs related to the delay of the loading or transportation or non-delivery of the load for the reasons on the side of the Shipper based on the invoice issued by the Forwarder Shipvio s.r.o. within the 14 days after the delivery;
        6. pay all the other costs, expenses and damages caused by failure or intention and infraction of the contract or assumed obligations, or by the obligations on the part of the Shipper laid by the law. /li>
    4. Rights and obligations of Shipvio s.r.o.
      1. Shipvio s.r.o. is entitled to perform the transportation under the Forwarding Contract, issue the invoice of contractual remuneration consisted of the price for transportation and forwarding remuneration for the performance due within 14 days after delivery to the Shipper.
      2. Shipvio s.r.o. is entitled to burden the Shipper with all costs, expenses and damages arising in connection with transportation delay, especially with the load assumption or non-delivery of the load for the reasons on the part of the Shipper.
      3. Shipvio s.r.o. is obliged to hand over the original of delivery note signed by the Receiver to the Shipper via the Application after the load delivery.
      4. Shipvio s.r.o. is obliged to transfer all claims toward the Transporter arising in connection with the transport to the Shipper without any delay, so that these claims can be staked toward the Transporter or the third party. If the Shipper does not assume the properly offered claims from Shipvio s.r.o., all connected expenses and damages, incl. all consequences in form of expiration of such claims, go to the burden of the Shipper. The Shipper expressly acknowledges this fact.
    5. Late payment interest
      1. If the Sender fails to pay the invoice(s) issued by Shipvio s.r.o. when due, they will be obliged to pay to Shipvio s.r.o. a statutory late payment interest, which corresponds to the annual amount of the repo rate set by the Czech National Bank for the first day of the calendar half-year, in which the default took place, increased by present, per each day of default.
    6. Declaration of the Parties to the Procurement
      1. The Parties to the Procurement have duly read the terms and conditions of the Agreement to Procure Transportation and agree therewith./li>
    7. Termination of Agreement to Procure Transportation
      1. Each contractual party is entitled to denounce the contract in case of serious breach of the contract by the other contractual party. The Shipper is not entitled to denounce the Contracts or to withdraw from this Contract when this action could cause expiry of the claims on the part of the Shipper or Shipvio s.r.o., or such expiration is imminent.
      2. The Shipper is not entitled to denounce this Contract or to withdraw from it in a period shorter than 24 hours before the term of the goods loading. In any case the Shipper is obliged to compensate all costs, expenses or damages, that could arise on the part of Shipvio s.r.o. in connection with termination of the Forwarding contract, to the Shipvio s.r.o.
      3. Shipvio is entitled to withdraw from the concluded Forwarding Contract within 3 hours after confirmation of the demand for the particular transportation without arising of any responsibility for such withdrawal.
  8. Transportation Agreement
    1. Conclusion of the Transportation Contract
      1. The Transportation Contract concluded between the Shipper Shipvio s.r.o. and the Transporter upon acceptance of the Offer from the Transporter by Shipvio s.r.o. via the Application. The Transportation Contract was concluded at the extent of the offer from the Transporter and it obeys the conditions mentioned in these GTC.
    2. Subject of the Transportation Contract
      1. The subject of the Transportation Contract is to perform transportation of the load (goods) that Shipvio s.r.o. keeps at their disposal upon the Forwarding Contract concluded with the Committer. The Transporter is obliged to offer to Shipvio s.r.o. free forwarding capacity with transport dating, transport price, type of transporting vehicle and places of shipping and delivery. Shipvio s.r.o. is obliged to answer these offers at the extent of obtained demands from Committerss, event. accept these offers upon the discretion and conclude the Transportation Contract.
      2. If there is no written agreement, the Transporter is not entitled to commit the transportation to any other contractual partner (subtransporter), the Transporter is obliged to perform the transportation on his own resources. The transporter is not entitled to perform reloading of the load or any other load of another Transporter without previous written consent.
      3. Shipvio s.r.o. Trading company is obliged to demand the Applicant or Transporter for the Order Parties´/Shippers´ load transportation and get the offers for such transportation. The Applicant/Transporter is obligated to offer free vehicles for road haulage for demanded transport from Shipvio sr.o.
      4. Shipvio s.r.o. Trading Company is obligated to pay the transportation price to the Transporter for transportation of the Shipper´s load by the Transporter upon the Transportation Contract.
    3. Rights and duties of the Transporter
      1. The Transporter is obligated to:
        1. receive the load from the Shipper properly and on time at the place and time specified via the Application and confirming e-mail;
        2. to pay all related expenses to the Shipvio s.r.o. Trading Company in case of transportation delay on the part of the Transporter.
        3. to have signed properly filled delivery note at the assuming of the load to the Reciever and put the scan of the signed original out in the Application.
      2. The Transporter is entitled to issue the invoice for performing the transportation upon the Transportation Contract to the Shipvio s.r.o. due within the 14 days as from the date of delivery the goods to the Receiver.
      3. The Transporter is obliged to pay to Shipvio s.r.o. invoiced additional costs, expenses or damage caused by the transporter´s action, when the Transporter is responsible for such expenses, costs or damages in relation to Shipvio s.r.o. This invoice is due within 14 days from delivery.
      4. The right for damage compensation:
        1. The Transporter is responsible for damage on the package and for the transportation delay according to appropriate regulations of the Civil Code or CMR Convention. The Transporter acknowledges that claim from Shipvio s.r.o. for failures in transportation can be submitted to the Committer of Shipvio s.r.o., i.e. the real Shipper of the load.
      5. The claim of Shipvio s.r.o. Trading Company/Shipper according to the previous letter of this artical for damage compensation will not arise when the Transporter approves, that the damage of the loan, transported under the Transportation Contract concluded between the Transporter and Shipvio s.r.o., could not be distracted even if the Transporter exerts all professional care, especially when the Transporter clears from such responsibility according to the reg. § 2566 and following of the Civil Code.
    4. Rights and obligations of Shipvio s.r.o.
      1. Shipvio s.r.o. Trading Company is obliged to pay the issued invoice according to the letter b, art. 3 of this document to the Transporter./li>
      2. Shipvio s.r.o. is entitled to ask the Transporter to upload the scan of the original delivery note signed by the Receiver into the Application.
    5. Late payment interest
      1. In case Shipvio s.r.o. fails to pay the invoice(s) issued to it by the Freight Carrier, it will be obliged to pay to the Freight Carrier a late payment interest, which corresponds to the annual amount of the repo rate set by the Czech National Bank for the first day of the calendar half-year, in which the default took place, increased by present, per each day of default.
      2. In case the Freight Carrier fails to pay the invoice(s) issued to them by Shipvio on or before the due date of the respective invoice(s), they will be obliged to pay to Shipvio s.r.o. a late payment interest, which corresponds to the annual amount of the repo rate set by the Czech National Bank for the first day of the calendar half-year, in which the default took place, increased by 8%, per each day of default.
    6. Declaration of the Parties to Transportation
      1. The Parties to Transportation have duly read the terms and conditions of the Agreement to Procure Transportation and agree therewith.
    7. Termination of Transportation Agreement
      1. The Transportation Contract is fulfilled by proper transportation of the load, when the transportation is duly finished at the time when the Transporter delivers the load to the Receiver properly and on time and consequently uploads the scan of the original of carriage note confirmed by the Receiver via the Application of the Shipvio s.r.o.
      2. The Contract can be denounced or withdrawn only under the law reasons. The Transporter is obliged to pay to Shipvio s.r.o. contractual penalty in the amount of CZK 10,000 if he denounces the Transportation Contract or withdraws from the Contract in a period shorter than 24 hours before transport performance. This does not exclude any responsibility for compensation of possible damage. Shipvio s.r.o. is entitled to withdraw from the Transportation Contract without any responsibility for waste or damage on the part of the Transporter up to 3 hours after confirmation of the Transporter´s offer and conclusion of the Transportation Contract on specified load transportation.
      3. If any Contractual Party denunciate this Transportation Contract 24 hours before the term of transportation, except for the serious reasons according to the previous letter of this article of this document, the contractual party denunciating the Transportation Contract is obliged to pay to the other Contractual Party the penalty in the amount 100 % of the Transportation price.
    8. Using of the other Transporter
      1. If the Tranporter uses another Transporter (subtransporter) to fulfill the obligation under concent of Shipvio s.r.o., then the Transporter is responsible for performance or failure at the extent of his usual responsibility towards Shipvio s.r.o. The Transporter is obliged to expressly arrange that the other Transporter (subtransporter) is not entitled to use services of any other Transporter to fulfill the obligation from the Transporting Contract with Shipvio s.r.o.
      2. If the Transporter uses another Transporter (subtransporter) to fulfill the obligation in conflict with these GTC and without previous written consent of Shipvio s.r.o., then the Transporter guarantees fulfillment of the subtransporter towards the Shipper or Receiver of the load or towards any third party to the amount of these obligations. The Transporter is subsequently obliged to pay to Shipvio s.r.o. penalty in the amount CZK 50 000, for breach of duty by using services of the subtransporter, within the 5 days after receiving of the notice.
  9. License Terms, Intellectual Property Rights
    1. With the exception of non-assignable personal right for the use of Services in compliance with these General Terms and Conditions the Users do not gain through their use of Services any intellectual property rights to intellectual property rights of Shipvio s.r.o. or third parties. Users are in particular not entitle to use trademarks, logos or graphics of Shipvio, the name “Shipvio s.r.o.” or “Shipvio” in any way, unless it is used to promote Shipvio s.r.o. and unless it is in compliance with the purpose stated in the preamble of these GTC.
    2. Shipvio creates various Software, whereas in order for the Users of the Service to use it, in certain instances (Android, iOS etc.) download of such Software may be required. The User acknowledges that in such case the Software may be automatically updated after the release of a new version.
    3. Shipvio hereby grants the Users a personal, world-wide, royalty-free, non-assignable and non-exclusive license to use the Software, limited to the time of using the Services in compliance with these GTC. This license is provided exclusively for the purpose of using the Services for own (personal) use by the Users. The User is not entitled to copy, change, distribute, sell or rent the Software or neither its part, or to perform reverse engineering of the Software’s source code or to try to extract it. An exception to this rule are cases, where the User has been expressly authorized to do so by Shipvio s.r.o. in writing or if Shipvio s.r.o. marks the Software or any its portion open source or free software, and only in the extent, in which the Software is marked as open source or free software.
    4. In case Shipvio s.r.o. marks the Software or any its portion as open source or free software, it is entitled to associate certain conditions with the use of such open source or free software license and to otherwise define the open source license, even beyond the scope of these General Terms and Conditions.
    5. Users are not entitled to create derived outputs based on the Application, Software or web pages under the contractual penalty in the amount CZK 2,000,000.
  10. Exclusiveness
    1. By acceptance of these GTC, the user is obligated that all transportation, forwarding and other contracts of the similar kind concluded with Shipvio s.r.o. will not be concluded directly with any other User that he may be in connection with according to using services of Shipvio s.r.o., especially upon using the Application; the Transporter shall negotiate such contracts exclusively via services of Shipvio s.r.o., unless otherwise agreed between Shipvio s.r.o. a the User.
    2. Obligations and limitis specified to the User in previous article expire with expiring of 5-year period from the termination of cooperation between the User and Shipvio s.r.o., for example when the User deactivates his account to final terminate the cooperation and using of services of Shipvio s.r.o. and according to these GTC under the condition that the cooperation between the User and Shipvio s.r.o. and using its services will not be recovered during this period. The User acknowledges that as recovering of the cooperation and using Servises of Shipvio s.r.o. is considered not only reactivating of the user´s account but also creating of the new user´s account or any other form of recovering of the cooperation and using Services.
    3. In case of breach of user´s duties or ban according to the art. X par. 1 of these GTC, Shipvio s.r.o. is entitled to demand penalty in the amount CZK 250,000 for each breach of the ban. In case of breach of user´s duties or ban according to the art. IX par. 3 and/or par. 4 of these GTC, Shipvio s.r.o. is entitled to demand penalty in the amount CZK 250,000 for each breach. The claim to compensation of a damage in full is not touched by this (reg. § 2050 of the Civil Code is not to be applied). The user of acceptances of these GTC explicitly declares that above mentioned contractual penalties are considered to be adequate and they are not in conflict with good manners.
    4. If the User gives a notice to Shipvio s.r.o. about the breach of duties and/or limits specified for Users in the art. IX, par. 1 and 3 and/or par. 4 of these GTC by another User, and the breach will be proven as true, he will be entitled to receive a lump-sum payment of the reward from Shipvio s.r.o. in the amount of CZK 125,000 after seven-day period after the day when Shipvio s.r.o. receives the penalty under the previous par. related to the breach announced by this User. This does not apply in case of breaching the duties by the other User that has been already found by Shipvio s.r.o. or if it was announced to Shipvio s.r.o by the third party before announcement from the User.
  11. Changes of General Terms and Conditions
    1. These General Terms and Conditions will govern the contractual relationship between the User and Shipvio s.r.o.
    2. These General Terms and Conditions are not unalterable. In case the user does not agree with any part thereof, they are entitled to contact Shipvio s.r.o. and submit their counter proposal or comments to these General Terms and Conditions. If the parties enter into a separate written agreement, it will have precedence over these General Terms and Conditions. When interpreting these General Terms and Conditions, also the practice established between the parties will be taken into account, however, such established practice is not eligible to change the wording (terms) of these General Terms and Conditions on its own.
    3. Shipvio s.r.o. is entitled to change these General Terms and Conditions or any additional terms applicable to a certain Service from time to time, e.g. on the grounds of changes of the applicable legislation, improvement or other changes of the Services. Shipvio s.r.o. is in particular entitled to change these General Terms and Conditions of the necessity of such change arises from the legislation of the country, in which the Services are provided.
    4. By further use of the Services after such change of these General Terms and Conditions occurred and after clicking the “I AGREE” button again the User conveys their consent with the amended wording of these General Terms and Conditions, or as the case may be, changed wording of the Personal Data Protection Policy.
    5. Shipvio s.r.o. undertakes to publish a report on changes of General Terms and Conditions on its Website via email to all its users. The changes will not apply retrospectively and will not come to force sooner than 8 days after publishing, whereas if the User does not agree with the amended wording of the General Terms and Conditions in this period, they will be entitled and obliged to request cancellation of their user account and terminate the use of Services of Shipvio s.r.o. The option stated in the previous sentence does not apply in case a Transportation Agreement or Agreement to Procure Transportation has already been concluded, since these agreements are always governed by General Terms and in force at the moment of executing such agreements.
    6. The User undertakes to regularly review the wording of the General Terms and Conditions.
  12. Applicable Law and Competent Courts
    1. These General Terms and Conditions and the use of Services are governed by the law of the Czech Republic. The conflict of laws rules will not apply, however, if their application is necessary, they will be used in the sense allowing the application (use) of the Czech law in the broadest extent possible.
    2. The parties negotiate in the broadest extent possible, in which the choice of venue is permitted by the applicable legislation (in particular international treaties and legislation of states, which the Users are the citizens of), that the subject-matter and territorial jurisdiction to resolve disputes arising from these General Terms and Conditions, as well as from the use of Services, will pertain to the courts of the Czech Republic.
    3. By using the Services the Users grant their consent with the above selection of applicable law and venue, if they can validly grant such consent. Shipvio s.r.o. also consents to such selection.
    4. General forwarding conditions of the Forwarding and logistics association Czech Republic are applied to the Forwarding Contract in full, CMR Convention is applied to the Transportation Contract.
  13. Delivery
    1. Delivery address of Shipvio s.r.o. is the address of its registered office entered in the Commercial Record as of the day of dispatching the consignment.
    2. Any consignment sent to Shipvio s.r.o. is deemed delivered as of the day it is accepted by Shipvio s.r.o. If Shipvio s.r.o. does not receive the consignment at the delivery address, the consignment will be deemed delivered on the tenth day after it was stored at the postal services provider regardless of the reason, for which the consignment was not delivered (i.e. the consignment will be deemed delivered also in case the addressee has moved etc.).
    3. The delivery e-mail address of Shipvio s.r.o. is [email protected]
    4. The delivery postal address and the delivery e-mail address of the User is the address entered by the User when registering to the Application, or when creating their User Account, or another address which the User subsequently notified to Shipvio s.r.o. or states in the user account settings.
    5. Any consignment sent to the User will be deemed delivered as of the moment it is accepted by the User. If the User does not receive the consignment at the delivery address, the consignment will be deemed delivered on the tenth day after it was stored at the postal services provider regardless of the reason, for which the consignment was not delivered (i.e. the consignment will be deemed delivered also in case the addressee has moved etc.).
    6. Any e-mail communication is deemed delivered as of the moment it is sent.
    7. The above stated manners of delivery do not preclude delivery of consignments by other means allowed by the law, e.g. through a data mailbox.
  14. Payment of Invoices
    1. All invoices issued by Shipvio s.r.o. to the Sender will be paid by wire transfer to the bank account of Shipvio s.r.o. notified to the Sender when sending the relevant invoice.
    2. All invoices issued by the Freight Carrier to Shipvio s.r.o. will be paid by wire transfer to the Freight Carrier’s bank account stated in the Application in the Freight Carrier’s user account.
    3. All invoices issued by Shipvio s.r.o. to the Freight Carrier will be paid by wire transfer to the bank account of Shipvio s.r.o. notified to the Freight Carrier when sending the relevant invoice.
  15. Marketing
    1. Shipvio s.r.o. reserves the right to use cooperation with its clients as a reference for marketing purposes.
  16. Common Provisions
    1. The General Terms and Conditions do not grant any rights to any third parties, with the exception of rights concerning personal data protection, however, only in the extent stipulated by the applicable legislation, or personal data protection policy.
    2. If the User breaches these General Terms and Conditions and Shipvio s.r.o. does not respond to such breach, it does not imply that Shipvio s.r.o. would waive any rights it may have (such as the right to take any necessary legal actions in the future leading to asserting its rights).
    3. If any provision of these General Terms and Conditions proves to be unenforceable, it will not affect any other provision.
    4. If any obligation arising from these General Terms and Conditions, which does not constitute a material prerequisite hereof is or becomes unenforceable as a whole or a portion thereof, it is fully severable from the other provisions of these General Terms and Conditions, and such invalidity or unenforceability will not affect in any way the validity and enforceability of other obligations arising from these General Terms and Conditions. If the reason of invalidity only applies to a portion of legal action that may be severed from the remainder of its contents, only such portion will be invalid, if it can be assumed that the legal action would have taken place even without the invalid portion, should the party concerned identify the invalidity in time.
    5. If the User conveys their disagreement with these General Terms and Conditions, they will not be entitled to continue to use the Services, unless agreed otherwise with Shipvio s.r.o.
    6. The user acknowledges that when he demands any change of these General Trading Conditions, he will be entitled to use Services exclusively under these unchanged GTC until the change is explicitly accepted in written form by Shipvio s.r.o., or until another agreement is made between the User and Shipvio s.r.o. Continuing in providing of Services cannot be considered as a consent of Shipvio s.r.o. with user´s proposal on demanded change of General Trading Conditions that was laid by the User, unless such consent is explicitly issued in writing by Shipvio s.r.o.
    7. Rights and obligations according to these General Terms and Conditions remain applicable also after the User ceases to use the Services, as well as after the Services cease to be provided.
    8. The agreement according to these General Terms and Conditions may be concluded in all language versions published on the Website. In case of any discrepancy between language versions of these General Terms and Conditions the Czech version will prevail.
    9. Claims for contractual penalties according to these General Terms and Conditions are without prejudice to the claims for damage compensation in the full extent.

    These General Terms and Conditions come to full force and effect as of 5.1.2019.

    Thank you for the attention you paid to these General Terms and Conditions.