GENERAL TERMS AND CONDITIONS
The purpose of the present General Terms and Conditions (hereinafter referred to as “GTC“) is to regulate in full all elements of the contractual relationship between ProfiTrans-Mitter Ltd. (2119 Pécel, Határ u. 3.) (hereinafter referred to as “Forwarder“) and the natural and legal persons and entities without legal personality (hereinafter referred to as “Client“) using the services provided by the Forwarder.
The Client acknowledges and accepts that by accepting the offer of the Forwarder and these GTC, a transport relationship is established between the Client and the Forwarder under the conditions set out in the GTC.
ProfiTrans-Mitter Ltd. (2119 Pécel, Határ u. 3., tax number: 22913656-2-13) is considered as Forwarder for the purposes of these GTC.
for the purposes of these GTC, the Client is the natural and legal person or organisation without legal personality that uses the Service.
all freight forwarding services, including in particular, but not limited to, assistance and advice in connection with the carriage, collection, storage, handling and distribution of goods, provided by the Forwarder to each Client under the conditions set out in the GTC.
anything placed at the disposal of the Forwarder by the Client or a third party.
A document prepared by the Forwarder on the basis of data and information provided by the Client, in which the Forwarder specifies the delivery deadline and the charges for which they undertake to forward the consignment.
The overall size of the packages must not exceed 3 metres. Overall size = 2x height +2x width + 1x length.
Goods up to 250cm in length can be sent.
Length: min. 10 cm – max. 250 cm
Height: min. 15 cm – max. 60 cm
Width: min. 5 cm – max. 80 cm
Personal scope of the GTC
These GTC cover the transport relationships between the Forwarder and the Client arising out of the use of the service.
Period covered by the GTC
These GTC shall enter into force upon their publication by the Forwarder and shall remain in force until revoked or amended by the Forwarder.
Disputes arising between the Forwarder and the Client in connection with freight forwarding contracts concluded on the basis of these GTC shall be settled in accordance with the provisions of the GTC in force at the time of the order of the forwarding task.
Territorial scope of the GTC
These GTC apply to all services provided by the Forwarder in Hungary or in any other country.
Material scope of the GTC
The present GTC fully regulate the freight forwarding contracts between the Forwarder and the Client arising from the use of the Service.
The Forwarder shall ensure that the Client has the opportunity to familiarise himself with and interpret the contents of the GTC prior to its acceptance.
The Forwarder shall publish the text of the GTC in force on the website https://moveandparcel.eu/altalanos-szerzodesi-feltetelek.
The Forwarder reserves the right to unilaterally modify the provisions of these GTC at any time. The current version thereof will be published on the website https://moveandparcel.eu.
The Forwarder shall treat the information concerning the Client that has come to their knowledge in the interest of the transport activity according to the data processing principles https://moveandparcel.eu/adatkezelesi-iranyelvek
On the basis of the present GTC, the Forwarder concludes contracts for the transport of the goods on their own behalf for the Client and the Client undertakes to pay the shipping charges.
The Forwarder warrants that they will provide the service for the Client to the highest possible professional standard and in accordance with the applicable standards. The Forwarder has all the professional skills and technical conditions necessary for the performance of all the tasks involved in the provision of the service.
In the provision of the services, the Forwarder shall act in accordance with their own internal procedures, in that they shall perform the forwarding tasks with the utmost care and shall organize their activities in such a way as to ensure the professional performance of the forwarding task, while giving priority to the Client’s interests and maintaining the requirement of the careful performance of the task.
By filling in the relevant fields of the online form available on the website https://moveandparcel.eu, the Client can give an order to the Forwarder to carry out the forwarding tasks.
For the order given to the Forwarder, it is indispensable that the Client communicates the following information and data to the Forwarder via the Order Management interface:
The Forwarder calls the Client’s attention to the fact that the forwarding services provided under these GTC do not include the packaging, labelling or storage of the Client’s goods beyond the extent strictly necessary for the performance of the forwarding task. The Client is responsible for the packaging, labelling and storage of the goods, and the Forwarder excludes all liability for any damage resulting from the absence, incompleteness or inaccuracy of the packaging, labelling and storage of the goods.
The freight forwarding contract between the Forwarder and the Client for the use of the service(s) is concluded as follows:
The Client can use the Order Management interface to place an order with the Forwarder for the performance of certain forwarding tasks.
The Forwarder draws the Client’s attention to the fact that an instruction to carry out a forwarding task is only valid if it is submitted via the Order Management interface and at the same time the Client declares – by using the Submit Order button or by confirming an individual offer – that they accept the provisions of the GTC as binding on themselves.
No prior registration is required to use the Order Management Interface, however, the Forwarder reserves the right to provide certain services, including but not limited to viewing the details and status of the freight forwarding assignments and viewing and downloading invoices issued for the value of the forwarding tasks ordered, only to users with a valid registration.
The Client, regardless of whether they are registered or not, must click on the dedicated button in the menu to order the forwarding task.
In the interface that appears after this, the Client must enter the data contained therein. The Forwarder undertakes to transport the following consignments on the basis of these GTC:
The Client must provide the following parameters for each consignment to be transported:
This can be done by filling in the “comment” box on the page.
If the forwarding task concerns the home delivery of a consignment purchased by the Client from a third party, the Client must inform the Forwarder, in addition to the basic data of the consignment, of the date from which the consignment can be picked up at the dispatch address (“pick-up date”). After the order has been placed, the Forwarder confirms the delivery of the goods and request from the Client by e-mail the documents proving the purchase of the goods (receipt, invoice, etc.) in order to enable the Forwarder to prove their right to receive the consignments from third parties.
The Forwarder explicitly draws the Client’s attention to the fact that, in the case of transporting a consignment purchased from a third party, the Client authorizes the Forwarder, together with the order for performing the forwarding task, to take delivery of the consignment from the third party instead of the Client and on the Client’s behalf.
If the order is for the transport of household goods, furniture, other household items, in addition to the basic details of the consignment, the Client must specify the type of consignment and the packaging.
The Forwarder is under no obligation to check the quality and aesthetics of third party products. The Forwarder is liable in any way whatsoever for matters arising from such discrepancies in these products.
If the Forwarder has to deliver more than one consignment of the same type to the consignee, the Client must notify them and initiate a new order. This qualifies as a separate order and its eligibility for a discount may be subject to individual assessment.
On the basis of the address data and in accordance with the planned delivery rounds specified on the interface, the Forwarder will inform the Client by e-mail about the delivery deadlines and the shipping charges for which they can undertake to fulfill the forwarding task.
The Forwarder explicitly draws the Client’s attention to the fact that, in the event that the Forwarder is unable to fulfill the forwarding task on the basis of the parameters specified by the Client, they will inform the Client accordingly. In such a case, the Client will have the possibility of modifying the conditions for the performance of the forwarding task as specified by them and of requesting the Forwarder to submit an offer on the basis of the modified conditions.
The Forwarder explicitly draws the Client’s attention to the fact that they undertake to dispatch or deliver the consignment at a specific time for a special fee, the exact amount of which they will inform the Client.
The Client has the option to request additional insurance for the consignment in addition to the insurance included in the shipping charge, which is based on the mandatory CMR insurance for all carriers and the Forwarder’s Liability insurance. The fee to be paid for the additional insurance shall be indicated by the Forwarder in the confirmation of the order.
The Client is obliged to provide the Forwarder with their contact data for communication in connection with the performance of the forwarding contract.
The Client is obliged to provide the Forwarder with the data and information necessary for the performance of the forwarding contract in a complete and accurate manner. The Forwarder shall not be obliged to check the truthfulness, accuracy or correctness of the data and information provided by the Client. The consequences of incomplete or inaccurate data are the sole responsibility of the Client.
After the Client has given an instruction to the Forwarder to perform the order, the Forwarder shall confirm the placement of the order by e-mail, which does not, however, obligate the Forwarder to provide the services.
The Forwarder draws the Client’s attention to the fact that if, after an instruction is sent to perform the order, it becomes apparent to the Forwarder that the Client has provided false information, the Forwarder is entitled to refuse to execute the order after becoming aware of this.
The Forwarder shall confirm the acceptance of the forwarding task given in the instructions by the Client by sending an e-mail message to the e-mail address provided by the Client.
The Forwarder draws the Client’s attention to the fact that they are entitled to demand the provision of services from the Forwarder only after the order has been confirmed electronically, which also constitutes the acceptance of the performance of the forwarding task.
The Forwarder draws the Client’s attention to the fact that the instructions given by the Client or the confirmation sent by the Forwarder shall be deemed to have been received when they become available to the addressee.
The Forwarder shall not be liable in the event that the electronic message containing the confirmation is not received by the Client because the e-mail address provided by the Client is not correct or the message cannot be delivered because the Client’s electronic mailbox is full.
The Forwarder guarantees the performance of the forwarding task specified in the instructions given by the Client and accepted by the Forwarder, on the understanding that the Forwarder shall not be liable in any way if the delivery of the consignment is not possible for reasons attributable to the Client, the Consignor and/or the Consignee.
The Forwarder warrants that they will charge for the performance of the forwarding task the confirmed charges valid at the time of the submission of the instruction.
The Forwarder shall represent the Client’s interests in the performance of the transport order provided that this obligation does not include any conduct or refraining from any conduct which would cause damage, costs or other disadvantage to the Forwarder or to third parties.
The Forwarder may arrange for the carriage of the goods or part of the goods, choose the means, routes and procedures to be used for the movement, storage, warehousing and carriage of the goods, or change them, without giving notice to the Client.
The Forwarder shall act in accordance with the instructions of the Client, but shall draw the Client’s attention to any unprofessional instructions. The Client shall bear the consequences of any inexpedient, unprofessional, incomplete, incorrect or late instructions.
If the Client maintains the instruction despite the warning, the Forwarder may withdraw from or terminate the freight forwarding contract or may perform the forwarding task at the risk of the Client after being provided security. If the Client fails to provide security, the Client shall bear all the consequences thereof.
The Forwarder may make the execution of the instruction subject to the provision of appropriate security. If the Client does not provide adequate security, the Forwarder may refuse to perform the instruction. The Forwarder shall be obliged to account for the security without delay after its use or after performing the order of the Client.
The Forwarder may deviate from the instructions of the Client if the interests of the Client so require, on the basis of the information available to the Forwarder, and if it is no longer possible to give the Client prior notice, in which case the Client shall be informed without delay. The Forwarder must refuse to execute the instruction if its execution would lead to a breach of the law or of a decision of a public authority or would endanger the life or property of others.
The Client shall reimburse or, at the request of the Forwarder, advance in due time the costs incurred in connection with the execution of the instruction.
If the Client modifies the transport order in such a way that the Forwarder is unable to perform it, the Forwarder is entitled to withdraw from or terminate the contract and claim payment of the shipping charges and reimbursement of the costs incurred.
If the Forwarder has requested but not received instructions from the Client within the deadline specified by the Forwarder, the Forwarder shall be entitled to take action at their own discretion. In doing so, the Forwarder shall, in addition to avoiding or minimizing their own damage and costs, take into account the need to mitigate the Client’s damage and the aspects to act reasonably. The Client shall be solely liable for any damage caused to the Forwarder and/or the Client as a result of the failure to provide instructions.
The Forwarder shall inform the Client by e-mail of any circumstances that prevent the execution of the order and/or require a modification of the order.
In the event of unforeseeable circumstances, the Forwarder shall act in the Client’s best interests, with the understanding that the Client is liable for any additional costs and charges incurred in this context.
The Forwarder undertakes to become aware of and comply with the official regulations directly related to forwarding. In addition, the Forwarder shall not be liable for compliance with any other official regulations, in particular those relating to export and import regulations in certain countries.
The Forwarder shall be entitled to forward the consignment by groupage, unless the Client expressly objects to this.
The Forwarder is entitled to fulfill the order themselves, in whole or in part. If the Forwarder does not execute the order themselves, they are not obliged to inform the Client thereof.
The Forwarder shall pick up the consignment from the Client on the working day following the day of the confirmed acceptance of the transport, but no later than the working day preceding the expiry of the delivery deadline undertaken by the Forwarder. The Consignments are picked up on working days between 8.00 and 17.00 hours.
Notwithstanding the above, the Client has the option to specify the time interval for the pick-up of the consignment within the given day. The Forwarder shall charge a fee for this extra service, the amount of which shall be notified to the Client and which the Client shall pay at the same time as the basic shipping charge.
The time of picking up the consignment may be unilaterally determined by the Forwarder provided that the Client is informed of this in advance.
The Forwarder explicitly draws the Client’s attention to the fact that the Forwarder undertakes to perform the transport of consignment(s) with a maximum total weight of 1000 kg and a maximum overall size of 300 cm if the home delivery option is chosen, with the provision that the longest side of the consignment may not exceed 250 cm in length in this case either.
The Forwarder explicitly draws the Client’s attention to the fact that the Forwarder is entitled to refuse to transport the consignment in any of the following cases:
The Forwarder draws attention to the fact that, since the agents of the Forwarder may not always enter the premises (apartment, house, office, etc.) indicated as the address for the collection and delivery of the consignment for reasons of health and property protection, it is the sole responsibility of the Client or the person designated by them as the consignee to ensure that the Forwarder and their agents can pick up or hand over the consignment outside the given premises.
When picking up the consignment, the Forwarder is entitled to but not obliged to – except for the quantity of the consignment – ascertain the actual details of the consignment.
If the verified data differs from the data provided by the Client in the order, the Forwarder shall immediately notify the Client of this fact and inform them that the data of the contract concluded and the data of the consignment received do not correspond. The Client shall be liable for all consequences resulting from the discrepancy, in particular any delay in collection and/or delivery, the increase in the charges and/or costs.
The Forwarder is under no obligation to package, bundle, repair existing packaging or take any other action affecting the physical condition of the consignment. Exceptions to this are cases where the consignment endangers the life or property of others. In such cases, the Client shall be obliged to take the measures necessary to remedy the danger on request and within the time limit specified, or, if such measures are taken by the Forwarder, to reimburse the costs incurred by them in this context.
The Client shall be responsible for ensuring that all consignments bear the information necessary for the performance of the forwarding task, in particular the information necessary for delivery.
The Forwarder explicitly draws the Client’s attention to the fact that in any of the following cases, the collection and delivery of the consignment to the consignee will not take place at the collection and delivery address provided by the Client, but at the place where the vehicle used for the transport is parked:
The delivery of the consignment received from the Client to the Consignee shall take place within the deadline indicated in the confirmation sent to the Client, with the provision that the Forwarder reserves the right to deviate from the delivery deadline in justified cases. In the event of a deviation, the Forwarder shall inform the Client of this circumstance without delay.
The Forwarder informs the Client that the length of time agreed for the delivery of the consignment is primarily determined by the size of the consignment, but that the Forwarder is entitled to take into account other circumstances related to the performance of the forwarding task.
If the Client uses the special service offered by the Forwarder, the Client may determine the time interval at which the consignment is to be delivered to the Consignee on the day specified by the Forwarder. The Forwarder shall charge a fee for this extra service, the amount of which shall be indicated in the order confirmation, and which the Client shall pay at the same time as the basic shipping charge.
The Forwarder undertakes to notify the Consignee of the delivery of the consignment by SMS, e-mail and/or telephone prior to the scheduled delivery date.
If the first delivery is unsuccessful, the Forwarder will notify the Consignee by e-mail or SMS of this and of the date of the second delivery.
If the Consignee fails to inspect the packaging of the consignment at the time of acceptance and does not notify the Forwarder in writing at the time of acceptance of the goods of any shortage or damage discovered by them, stating the nature of such shortage or damage, it shall be presumed that the consignment has been delivered in good condition and in accordance with the contract. If the shortage or damage cannot be detected from the packaging of the consignment, the consignment shall be deemed to have been delivered in undamaged condition unless the Consignee sends a written reservation to the Client within 7 (seven) days after the delivery of the consignment. The Forwarder reserves the right to accept the reservation of the consignee in respect of a consignment contractually delivered as described above only if the Client proves, on the one hand, that the Consignee has notified them in writing within 7 days of the actual delivery of the consignment and, on the other hand, that the goods were undamaged at the time of the hand-over to the Forwarder.
For reasons of health and safety, the Forwarder draws the attention to the fact that they are under no obligation to unpack the consignment delivered to the Consignee or to dispose of any packaging waste resulting from the unpacking of the consignment by the Consignee. The Forwarder shall provide the Consignee with the possibility of unpacking and shall wait for the Consignee to unpack the consignment at their request.
If the Forwarder proves that they were present on the spot at the time previously agreed and the Client or a person designated by them did not accept the goods delivered, the Forwarder may attempt the delivery at a time preferred by them, and shall inform the Client of the additional costs thereof.
By placing an order for the performance of the forwarding task as defined in these GTC, the Client acknowledges and accepts that they shall be liable to pay the relevant shipping charges.
The Forwarder shall in all cases provide the Client with the shipping charges in an offer and communicate this to the Client in the form of a Purchase Order.
The exact amount of the shipping charges actually payable will be included in the confirmation e-mail sent to the Client after the order has been placed.
The Forwarder reserves the right to unilaterally modify the basic shipping charges, with the understanding that the performance of the forwarding tasks already confirmed by the Forwarder at the time of the modification shall not be affected by the modification, and the Forwarder shall perform them against the charges stated in the confirmation.
If the Forwarder is transporting a fragile consignment and the Client has requested special handling of the consignment, the Forwarder is entitled to charge a special fee for this service. The amount of this fee shall be specified by the Forwarder in the confirmation e-mail sent to the Client.
The Forwarder shall inform the Client of the current amount of the fee charged for the transportation of fragile consignments in the order confirmation. The Forwarder shall be entitled to unilaterally adjust the amount of the additional charge for the transportation of fragile consignments, provided that no unilateral adjustment of the charge may be made in the case of a forwarding task already undertaken by the Forwarder.
The Forwarder shall invoice the Client for the services used by the Client after the payment of such services or, in the case of advance payment, up to the amount to be transferred. The Forwarder shall send the invoice issued to the e-mail address provided by the Client.
The Client’s obligation to pay is not affected by the case if the Client promises the payment will be made by a third party. If the third party indicated by the Client fails to make the payment, the Client shall be liable to pay the claims of the Forwarder.
The Forwarder explicitly draws the Client’s attention to the fact that the Client or any third party designated by the Client shall not be entitled to any trade-in or retention against the claims of the Forwarder.
If the fee is not paid in due time, the Client shall pay to the Forwarder all additional costs resulting from the late payment of the shipping charges, including, but not limited to, the default interest on late payment of the shipping charges, at a rate equal to twice the base rate of the central bank valid at the time of the delay.
The Forwarder expressly draws the Client’s attention to the fact that if the Client fails to pay the charges due, even on a single occasion, the Forwarder may request a reasonable security for new and ongoing forwarding tasks. In particular, the Forwarder shall be entitled to request security if the Client has already defaulted in payment or if the value of the consignment does not cover the expected shipping charges.
Furthermore, the Forwarder explicitly draws the Client’s attention to the fact that if the Client is in default or fails to pay the shipping charges, the Forwarder is entitled to limit or suspend the provision of services (including, but not limited to, the transportation of goods undertaken with territorial limitation) until the Client has fully paid the charges due.
The Client shall indemnify the Forwarder against their obligations to third parties under the order and reimburse the Forwarder for their necessary, useful and reasonable costs, at the latest at the termination of the freight forwarding contract.
The Forwarder shall be entitled to a lien as security for their charges and expenses, on things which they have acquired or which they have in their possession via documents in connection with the forwarding service. The lien shall also secure the Forwarder’s uncontested outstanding claims against the Client arising from other freight forwarding contracts. The Forwarder may enforce their lien without legal proceedings.
If the Client fails to fulfill their payment obligation, the Forwarder may withhold their own due services until the Client has fulfilled their due payment obligation or provided adequate security. The Forwarder shall be entitled to terminate the contract if the Client has been given at least 8 (eight) days’ notice to pay the charges or to provide security, but the Client still has not paid the charges or provided adequate security.
The Forwarder may require the Client to provide adequate security in the event of a risk of claims by third parties. If the Client fails to provide adequate security despite being requested to do so, the Forwarder shall be entitled to terminate the freight forwarding contract concluded on the basis of these GTC.
The Forwarder shall be liable if they fail to exercise due care in the performance of the contract or if they fail to take reasonable measures. In such a case, the Forwarder shall be liable to pay compensation for the loss of or damage to the goods.
If the Forwarder’s liability can be established, their liability is limited to the damage caused to the consignment and the costs directly related to the assessment of the damage.
The Forwarder is liable as a carrier for damage to a consignment if
If the Forwarder is liable as a carrier, their liability shall be governed by the national law applicable to the transport sector, taking into account the mode of transport actually used.
The liability of the Forwarder in relation to freight forwarding contracts concluded on the basis of these GTC is limited, except in the case of intentional or grossly negligent damage.
The liability of the Forwarder for the loss of a Consignment shall not exceed the value of the lost Consignment. The value of the consignment shall be determined by reference to the stock exchange price or, failing this, the market price or, failing this, the normal value of the same goods. If the Forwarder fails to deliver the consignment to the Consignee within 90 (ninety) days of the date on which the contract should have been performed, the Client shall be entitled to consider the consignment lost until proven otherwise.
In all other cases, the liability of the Forwarder for damages in connection with the performance of the forwarding task shall not exceed an amount equal to three times the amount of the shipping charges payable to the Forwarder for the performance of the forwarding task.
The above limitation shall also apply to damage caused by the Forwarder outside the contract.
The Forwarder draws the Client’s attention to the fact that the Forwarder is not liable:
The Client shall notify the Forwarder by e-mail of the damage event and the extent of the expected damage within 48 (forty-eight) hours after the damage event has come to the knowledge of the Forwarder. Furthermore, the Client shall send to the Forwarder the documents and evidence proving the occurrence and extent of the damage within 48 (forty-eight) hours of their receipt. The Forwarder shall not be liable for the consequences of any delay or failure to fulfill this obligation.
The Forwarder is covered by CMR – Convention on the Contract for the International Carriage of Goods by Road (CMR Convention), which the Forwarder takes out for their means of transport.
Within its scope, the insured goods are protected from the time of picking-up the goods awaiting transport until delivery to the consignee, i.e. unloading. The cover extends to partial damage, deterioration or loss of the goods. The insurance calculates the compensation based on the weight and the extent of the damage.
Value: 8.33 SDR/gross kg. (The SDR is an artificially created currency. 8.33 SDR is equivalent to about 9-10 EUR, or about 3,600 HUF/gross kg, depending on world currency movements.)
If the value of the product or object to be transported is higher than the value covered by the CMR insurance, a separate cargo insurance policy must be taken out. This is the task of the Client, and any damage resulting from failure to do so, with the exception of intentional damage, is the responsibility of the Client in excess of the CMR insurance.
The Forwarder explicitly draws the Client’s attention to the fact that the Forwarder shall not be liable for any further damages beyond those expressly listed in these GTC.
The Forwarder shall, at the expense and risk of the Client, enforce the Client’s claims, both in and out of court, against the carrier and other intermediaries used by the Forwarder if the Client instructs the Forwarder in writing. The Forwarder has the right to refuse to do so.
The Forwarder is obliged to make the declarations necessary to protect the Client’s rights even without specific instructions (e.g. declarations to be made to the carrier at the time of the delivery of the consignment)
The Forwarder explicitly draws the Client’s attention to the fact that the charges detailed in Chapter 11 do not include the fees and costs of the above-mentioned enforcement of claims, which the Client shall also pay the Forwarder. The Forwarder is not obliged to advance the costs of the enforcement of claims. Even if the Forwarder were to advance any costs, no further advance of costs may be inferred from this. The Forwarder is entitled to the reimbursement of the claim enforcement fee and costs, at the rate agreed by the parties in a separate agreement, even if the claim enforcement procedure might not be successful.
Claims arising from a freight forwarding contract concluded on the basis of these GTC shall be subject to a limitation period of 1 (one) year, except for damages caused intentionally or by gross negligence. The limitation period shall begin when the claim becomes due.
The Client shall notify the Forwarder by e-mail of any claim against the Forwarder within 10 (ten) days of becoming aware of the facts and circumstances on which the claim is based. If the Client does not submit their claim as described above, they shall be deemed to have waived or renounced the enforcement of the claim, unless the Client proves that they were prevented from giving notice within the time limit and that they submitted their claim immediately after the obstacle was removed.
Any forwarding contract concluded between the parties on the basis of these GTC is/may be terminated:
The forwarding contract shall automatically terminate in the event of the Forwarder’s dissolution without legal succession or in cases set out by law.
If circumstances arise which make it impossible for the Forwarder to fulfill their obligations in whole or in part, the Forwarder shall be entitled to a pro rata remuneration for the services rendered before the date of the termination of the contract provided that neither Party is responsible for the fulfillment becoming impossible. If the Client has already paid the full amount of the fee by the time of the termination of the contract, they shall be reimbursed for the services not rendered.
If the Forwarder is responsible for the impossibility of the performance of the contract, they may not claim the shipping charges. If the shipping charges have already been paid by the Client up to the time of the impossibility of performance, the Forwarder shall be obliged to repay the shipping charges in full to the Client. If the Client is responsible for the impossibility, they may not require the performance of the forwarding task from the Forwarder, and if the Forwarder has already begun the performance, they shall be obliged to pay the remuneration and to reimburse the Forwarder in full for any damage caused by the breach of contract.
If both Parties are responsible for the impossibility of the performance of the contract, the Parties may claim damages from each other in proportion to their contribution to the impossibility.
The Parties may terminate the freight forwarding contract at any time by mutual agreement, provided that such termination shall be in writing and shall include a full settlement by the Parties.
After the conclusion of the contract, but before the start of the performance, the Client is entitled to withdraw the order. The Forwarder draws the Client’s attention to the fact that if the order is withdrawn within 48 hours before the start of the performance of the forwarding task, the Client shall be liable to pay the amount of the shipping charges and the costs incurred by the Forwarder in connection with the measures already taken to fulfill the order, as well as the damages suffered by the Forwarder as a result of the failure to perform the task. If the order is withdrawn within the above time limit, the Client shall also pay the Forwarder a penalty of 20% (twenty per cent) of the gross shipping charge, with the understanding that the penalty paid is deducted from the amount of compensation.
In order to avoid any later misunderstanding, the Forwarder informs the Client that performance is deemed to have commenced when the Forwarder, at the time specified by them, have made the vehicle available at the place of dispatch or have taken irrevocable measures to pick up the consignment incurring expenses, for example, by starting to move the vehicle or by instructing a third party to carry out the transport.
The Forwarder expressly draws the attention of the Client qualifying as a consumer to the fact that the Client shall not have the right to withdraw or terminate the contract within 14 days of the conclusion of the contract without giving any reason as set out in Government Decree 45/2014 (II.26.) in view of the atypical nature of the transport relationship established between the Forwarder and the Client by the order for the service under these GTC and in view of the transport service which is the subject of the forwarding contract.
By accepting the GTC, the Client qualifying as a consumer, acknowledges and accepts that they may not exercise their right of withdrawal or termination within 14 days in respect of the services ordered from the Forwarder under these GTC.
The freight forwarding contract concluded on the basis of these GTC may be terminated by either Party by giving 8 (eight) days’ notice as long as the Forwarder has not commenced the performance of the forwarding task. If the Client terminates the contract, they shall be liable to compensate the Forwarder for the damage caused by the termination, unless the termination resulted from Forwarder’s breach of contract. If the Forwarder terminates the contract at an inappropriate date, they shall be liable to compensate the Client for the damage caused by the termination, unless the reason for the termination was the Client’s breach of contract.
The parties are entitled to terminate the freight forwarding contract with immediate effect in the event of a material breach of contract by the other Party. Termination with immediate effect shall only be valid in writing, stating the reasons for termination and the grounds for termination. The Forwarder is entitled to change from the reason for termination indicated by them in the notice to another reason.
The Client is also entitled to terminate the freight forwarding contract with immediate effect if the Forwarder is declared bankrupt or is being wound up. The parties are obligated to settle accounts with each other in respect of the services which the Forwarder has already begun to perform at the time of termination.
In the event of the termination of the forwarding contract for any reason, the parties shall settle accounts with each other no later than the date of termination, or within 10 (ten) working days of receipt of notice of termination with immediate effect.
If the contract is terminated by mutual agreement of the Parties, until the date of termination the Forwarder is entitled, at their choice, to refuse new orders or to make their performance subject to immediate payment of the shipping charges and expenses.
At the same time as the termination of the freight forwarding contract, all the Client’s invoices become due and payable.
If the Client qualifying as a consumer has any complaints in connection with the freight forwarding service they have used, they have the right to lodge a complaint with the Forwarder.
The Client qualifying as a consumer may send their complaint to the Forwarder by post or electronically by sending a written statement to the following contact details:
Upon receipt of a written complaint, the Forwarder will investigate the complaint within 30 (thirty) days of receipt and inform the Client qualifying as a consumer of the outcome of the investigation and of the remedies available to the Client qualifying as a consumer in the event of the rejection of the complaint.
If the complaint by a Client qualifying as a consumer is rejected, they have the right to turn to the court of arbitration competent for the place of their domicile or residency or for the seat of the Forwarder. The Forwarder is required to cooperate during the proceedings of the arbitration.
The following court of arbitration shall be entitled to act in the event of a consumer dispute according to the seat of the Forwarder:
Court of Arbitration attached to the Pest County Chamber of Commerce and Industry
The seat, telephone number, internet contact, postal and e-mail address of the arbitration court according to the place of domicile and residency of the Client qualifying as a consumer can be found by clicking on the webpage of the relevant arbitration court at the following link: http://panaszrendezes.hu/online-kerelem-kuldes
The online dispute resolution platform provided by the European Union provides an out-of-court alternative dispute resolution forum for all legal disputes over obligations arising from online sales or service contracts between consumers having a place of residency in the EU and traders established in the EU. The European Online Dispute Resolution Platform can be found by clicking on the link below: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show.
The contracting Parties undertake that in the performance of their obligations under this contract, they will act in accordance with the applicable legal provisions, in good faith and fairness, and will cooperate with each other, informing each other of all relevant circumstances affecting the contract without undue delay.
The Forwarder considers themselves bound by the provisions of these GTC and the information provided by them on the Order Management Interface and shall in any case act as would normally be expected in a given situation in order to comply with them.
By accepting these GTC in the exercise of the rights and obligations arising from the freight forwarding contracts concluded between the Parties, the Parties shall act in the legitimate interest of the other Party. The Client is also obliged to act in the performance of the contract in such a way not to damage or compromise the good reputation of the Forwarder.
In connection with the conclusion and performance of this contract, the information, facts, data related to the Forwarder and their activity coming to the knowledge of the Client, so in particular, but not limited to, the existence and content of individual freight forwarding contracts concluded on the basis of these GTC are considered trade secrets, and the Client cannot disclose them to third parties, make them available to third parties or use them for any other purpose than the performance of the contracts.
The Client undertakes not to disclose to third parties, without the prior written consent of the Forwarder, any information relating to the content and/or performance of the individual freight forwarding contracts concluded on the basis of these GTC, in particular, but not limited to, until the time of performance of the forwarding task. The Client undertakes to take all reasonable measures to prevent third parties from gaining access to or knowledge of the individual freight forwarding contracts concluded on the basis of these GTC or from gaining access to or knowledge of any confidential knowledge or information relating to their performance.
If the Forwarder fails to exercise any of their rights set out in these GTC, the failure to exercise such rights shall not constitute a waiver of such rights by the Forwarder.
The customs of the profession shall only become part of the contract if Parties explicitly agree upon this.
The Forwarder excludes any liability for any damage caused to the Client due to any error or defect in the operation of the https://moveandparcel.eu/ website and/or the Order Management Interface.
The Forwarder and the Client shall communicate with each other in writing, by e-mail, in relation to all questions arising in the performance of the contract and in connection with the provision of the services.
The Forwarder shall send all notifications, information and legal declarations to the Client to the e-mail address provided by the Client during the registration, or if the Client does not place an order with the Forwarder as a registered user, to the e-mail address provided by the Client when ordering the given forwarding task. The Forwarder maintains the following e-mail address for the receipt of all written requests from the Client: email@example.com
If the Client’s e-mail address changes in the meantime, they are obliged to inform the Forwarder of this without delay. The Forwarder shall not be liable for any adverse legal consequences arising from the failure to comply with the above obligation to provide information.
All contracts covered by these GTCs are subject to Hungarian law and shall be governed by the provisions of, in particular Act V of 2013 on the Civil Code, Government Decree 120/2016 (VI.7.) on road transit contracts, Government Decree 261/2011 (XII.7.) on the activity of transportation by road of goods against remuneration or on own account, Act CLIX of 2012 on postal services, Act CVIII of 2001 on certain aspects of electronic commerce services, services related to the information society. If the contract is concluded between the Forwarder and the Client qualifying as a consumer, then in addition to the above legislation, the provisions of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses shall apply to the legal relationship of the parties as appropriate.
The personal data processing activities carried out by the Forwarder in the context of the provision of services are governed by the provisions of the GDPR, the Infotv. (Act CXII of 2011 on information self-determination and freedom of information) and the sectoral legislation containing the provisions on the processing of personal data.
The Parties intend to settle any disputes arising out of the freight forwarding contracts concluded between them primarily by negotiation, without litigation.
Pécel, 1 April 2020