1. The purpose of these Transportation Regulations is to define the rights and obligations regarding the transport of shipments by road freight vehicles between the carrier, legal entities, and natural persons involved in the transport, as well as to establish the conditions for concluding a contract for the carriage of goods pursuant to Section 610 et seq. of the Commercial Code and its content. In accordance with these Transportation Regulations, the carrier performs road freight transport of truckloads and less-than-truckload shipments, palletized goods, and other materials that are not excluded from transport under other provisions. These Transportation Regulations apply to the transport of dangerous goods.
2. The carrier under these Terms and Conditions of Carriage is TatraAdrTrans s.r.o., with its registered office at: Pluhová 3192/2, 831 03 Bratislava – Nové Mesto, Company ID No.: 831 03
3. The carrier uses a fleet consisting of its own or leased vehicles and vehicle combinations to carry out its operations.
4. The carrier shall ensure that shipments are carried out with the most economical use of transport vehicles. The shipper and the consignee are required to cooperate in creating conditions to expedite and mechanize loading and unloading operations.
5. These shipping regulations apply to the transport of cargo.
6. By submitting an order to the carrier or handing over the shipment for transport, the shipper agrees and acknowledges that the content of these Terms and Conditions of Carriage constitutes part of the proposal to enter into a contract, in accordance with applicable legislation, as of the date of their publication and availability on the website. Any oral or telephone requests by the shipper regarding the terms of carriage contained in their proposal to conclude a contract that conflict with these Terms and Conditions of Carriage are invalid, unless otherwise agreed under the conditions set forth below. The shipper’s written, faxed, or electronically submitted requests regarding the contract’s terms of carriage that conflict with these Rules of Carriage must be expressly and verifiably confirmed by the carrier in writing, by fax, or electronically. In such cases, they shall take precedence over the provisions of these Rules of Carriage.
7. Carrier
8. The carrier is obligated to provide, within the agreed time frame, a vehicle of the type and equipped as agreed upon at the time the transport was arranged. The vehicle must be in proper technical condition suitable for transport and have a properly cleaned cargo area. Unless otherwise agreed, all shipments shall be transported by a vehicle with a single driver.
9. If the place of dispatch of the consignment and its intended destination are located in the territories of two different states, at least one of which is a contracting state to the Convention on the Contract for the International Carriage of Goods by Road (hereinafter referred to as the "CMR Convention"), the conclusion and performance of the contract of carriage, as well as the determination of the carrier’s liability, shall be governed by the CMR Convention.
1. The insurance covers liability for damage caused to goods that the carrier has taken into its custody in connection with the transport of shipments. This insurance also covers reasonable and necessary expenses incurred by the insured to prevent or minimize damage to the shipment being transported.
2. The insurance does not cover liability for damage caused by:
3. Furthermore, the insurance does not cover damage caused by defects in the shipment or its packaging if the carrier was aware of such defects at the time of accepting the shipment or its packaging and raised no objections.
4. The carrier is obligated to ensure that no damage occurs to the shipments being transported. Furthermore, the carrier is obligated to ensure that the driver possesses the necessary qualifications and competence and that the vehicle is in a condition that complies with the relevant standards.
5. Compensation for damage to the shipment is determined in accordance with the provisions of the CMR Convention on the Liability of International Carriers.
6. The carrier is insured against liability for damage caused by the operation of vehicles and the activities of vehicle crews to the shipper, the consignee, and third parties, as provided by law.
1. The shipper places an order for transport with the carrier. The order may be submitted in writing, electronically, or by fax. Verbal or telephone orders must also be confirmed in writing (i.e., by mail, electronically, or by fax). This provision shall not apply if the contracting parties enter into a written contract for the carriage of goods, unless it is a framework agreement that provides for the conclusion of individual contracts of carriage based on orders. Any amendments to the written contract may be concluded in accordance with the first through third sentences of this paragraph.
2. The shipping order must include all information necessary for the execution and billing of the shipment, in particular
3. If the carrier is unable to accept the shipment, it shall notify the shipper without delay, in particular by telephone, in person, or by fax.
4. If the order has been confirmed, the carrier shall provide a suitable vehicle by the date specified in the order. If circumstances arise that prevent the carrier from providing the vehicle by the agreed date, the carrier is obligated to notify the shipper immediately and, if necessary, arrange for an alternative delivery date.
5. The carrier’s sales representative shall confirm the order for the shipper by signing it and returning it to the shipper in the manner specified in paragraph 1 of this article.
6. If, following the shipper’s request to make the vehicle available for loading, the unloaded vehicle is returned due to the shipper’s fault, the shipper is obligated to pay the carrier a pro-rata portion of the freight charges and a contractual penalty of €200. This does not preclude claims for damages.
7. An order can be placed for a single shipment, a specific number of shipments, or a specific time period.
8. A contract for the carriage of goods is concluded between the shipper and the carrier
9. If the carrier agrees, under the terms and conditions set forth in these Rules of Carriage, to the consignee’s request to forward the shipment to another consignee, a new contract for the carriage of goods is formed between these parties.
10. Under a contract of carriage, the carrier undertakes to the shipper to transport the goods (consignment) from a specific place (place of departure) to a specific other place (place of destination), and the shipper undertakes to pay the carrier a fee (freight).
11. The delivery deadline is deemed to have been met if the shipment is handed over to the recipient before the deadline expires, or if the shipment could not be delivered to the recipient for reasons attributable to the recipient, even though the recipient was notified of the shipment’s arrival or the shipment was made available for pickup at the destination.
12. The delivery period is extended:
13. If the carrier has not agreed on a route with the shipper, and provided there are no obstacles to transport, the carrier is obligated to perform the transport via the shortest route, the use of which is economical given the nature of the shipment and the type of vehicle used. The length and route of the transport route shall be determined by the carrier’s responsible employee based on:
14. The amount of the shipping fee and the due date shall be agreed upon in the contract for the carriage of goods (in written form or in a confirmed order). The method of payment shall be agreed upon in the same manner. If this is not done, the amount of the freight charge shall be determined by the carrier’s current price list, which forms an integral part of the contract and these transport regulations, and the freight charge shall be payable within 14 calendar days of the invoice’s delivery to the carrier’s account. In addition to the freight charges, the carrier is entitled to reimbursement of expenses incurred by requesting or carrying out instructions, provided that such expenses are not caused by the carrier’s fault. In the event of a delay in payment, the obligated party shall pay default interest at a rate of 0.05% of the amount due for each day of delay.
15. The sender and the carrier may agree whether the sender will pay the freight charges in full or in part, or whether the consignee will pay the freight charges.
16. If the recipient is required to pay the shipping charges but refuses to do so, the sender is obligated to pay the shipping charges. In such a case, the carrier may deliver the shipment to the recipient only with the sender’s consent.
1. The shipper is liable for all expenses and damages incurred by the carrier as a result of inaccuracies or omissions
3. The shipper is required to attach to the bill of lading, or make available to the carrier, the documents necessary for customs and other official procedures carried out prior to the release of the shipment, and to provide the carrier with any information it requests.
4. The carrier is not obligated to verify whether the documents and information are correct and sufficient. The shipper is liable to the carrier for all damages arising from the absence of documents or the failure to provide necessary information, or from the fact that the documents and information are incomplete or incorrect, unless the deficiency is attributable to the carrier.
The carrier primarily handles its own shipments.
The following items are excluded from transport:
1. The carrier is liable for the acts and omissions of its authorized representatives and agents as if they were its own acts or omissions, provided that such representatives, employees, or other persons act within the scope of their authority
2. The carrier is required to comply at all times with the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR).
3. Shippers of consignments involving recurring shipments from the same loading point or to the same unloading point shall ensure that occupational safety and health conditions are met during these operations. They shall also ensure that loading and unloading areas and equipment are maintained in a condition that allows for the rapid and safe loading and unloading of shipments, ensure that all areas used for vehicle traffic, including private access roads, are sufficiently paved and maintained in a safe, drivable condition, as well as adequate lighting of work areas. At permanent work sites with a large volume of loading operations, loading and unloading ramps shall be installed, and sufficient mechanized equipment shall be provided, such as belt conveyors, grabs, mechanical shovels, vacuum loaders, cranes, hoists, forklifts, and the like.
4. In the case of recurring shipments of the same nature, the shipper is required, unless otherwise agreed with the carrier, to provide in a timely manner and in sufficient quantities the equipment necessary to expedite loading, in particular equipment for stacking shipments in multiple layers, racks, mats, mats, securing structures, stops, etc.
1. The carrier is responsible for keeping its own vehicles clean. Before each transport, the driver checks the cleanliness of the cargo area. After the transport is completed, the driver sweeps and washes the cargo area using standard cleaning products. Drivers at individual branches have access to buckets, mops, brooms, and cleaning and disinfecting agents. In cases of heavy soiling, the vehicle is professionally cleaned by COREX Servis s.r.o. or East West Logistik s.r.o. The detailed vehicle cleaning procedure is defined in an internal directive titled “Vehicle Sanitation.”
1. The shipper is entitled to dispose of the shipment; in particular, the shipper may request that the carrier suspend transport, change the place of delivery, or deliver the shipment to a recipient other than the one specified in the bill of lading.
2. However, this right shall cease as soon as the second copy of the bill of lading is handed over to the consignee or as soon as the consignee exercises the right provided for in Article 13(1) of the CMR; from that moment on, the carrier shall be bound by the consignee’s instructions.
3. However, the right of disposal vests in the consignee from the moment the bill of lading is issued, provided that the shipper makes a corresponding notation to that effect in the bill of lading.
4. If, in exercising their right of disposal, the recipient instructs that the shipment be delivered to another person, that person may not designate further recipients.
5. The exercise of the right of disposal is subject to the following conditions:
6. If the carrier is unable to carry out the instructions given for the reasons specified in paragraph 5(b) of this article, it must immediately notify the person from whom it received those instructions.
7. A carrier who fails to comply with the instructions given to him under the provisions of this Article, or who complies with them without requesting the presentation of the original bill of lading, shall be liable to the consignee for any damage thereby caused.
8. If the shipper has instructed that the shipment be detained at the destination, the carrier is entitled to claim reimbursement of expenses for each detention or storage and to exercise other rights in accordance with Article 16 of the CMR Convention. In particular, if the detention lasts longer than 6 hours, the carrier may, at the shipper’s risk and expense, unload and store the shipment; the carrier must notify the shipper thereof.
9. If instructed to hold the shipment, the shipper is required to pay the carrier a fee of €200.
1. The sender of the shipment is required to hand over the shipment to the carrier in a condition suitable for transport. The shipment must be prepared in such a way that, when properly stowed with other cargo being transported together, it cannot cause any damage. A piece shipment must be clearly and indelibly marked in such a way that the shipper and consignee of the shipment can be identified. The carrier’s responsible employee is required to confirm receipt of the shipment on the waybill.
2. The carrier must secure the shipment so that it is protected from damage.
3. If the shipment does not comply with the provisions of paragraph 1, the carrier may refuse to accept it for transport, in which case the shipper is obligated to pay the carrier a pro-rata portion of the freight charges and a contractual penalty of €200. This does not preclude the right to claim damages. If it is possible to remedy the deficiencies in the shipment’s packaging without incurring significant costs, the carrier is entitled, but not obligated, to remedy such deficiencies at the sender’s expense.
4. The carrier will accept a shipment with obvious signs of damage only if the shipper confirms such condition in writing on the waybill.
5. By accepting the shipment, the consignee assumes liability for the payment of the carrier’s claims against the shipper arising from the contract for the carriage of the accepted shipment, provided that the consignee knew or should have known of such claims.
6. To secure its claims arising from the contract, the carrier has a right of retention over the shipment as long as it has the right to dispose of it.
7. The consignor is required to present for transport any shipment (or part thereof) that, by its nature, requires protective packaging to prevent damage or loss during transport, in proper packaging that meets the requirements for road transport.
8. The sender of a shipment is required to properly package the shipment even if there is a risk that, without packaging, the shipment could, due to its nature, cause damage to persons or other shipments, to the means of transport, or to other equipment on that means of transport during transit. The carrier does not examine whether the nature of the shipment requires packaging, or whether the packaging used is sufficient given the size and weight of the shipment.
9. The shipper is required to ensure that the packaging of individual items in the shipment is of such dimensions, construction, and strength as to permit the use of modern handling equipment during transport. The shipper of the shipment is required to mark the shipment or its individual pieces if required by the transport regulations, or if it is desirable to facilitate handling of the shipment or to prevent the risk of its misidentification.
10. If the nature of the shipment requires that it be handled in a specific manner during loading, transport, and unloading, or that it be placed in a specific position, the shipper is required to mark each piece with a handling label for marking transport packaging.
11. The sender is also required to label the parcel with the recipient’s name and address. If the carrier’s responsible employee determines upon acceptance of the shipment that it does not meet the above conditions, the carrier shall refuse to transport it. If the sender confirms the identified deficiency on the waybill, the carrier may accept the shipment for transport.
12. If required by the specific nature of the transport or the shipment being transported, the shipper is required to assign an escort to the shipment. The shipper is required to reimburse the carrier for any additional costs incurred in connection with the shipment being escorted. Upon agreement between the contracting parties, the carrier may also provide an escort for a fee; otherwise, the carrier may refuse to transport the shipment.
13. If agreed, a single escort may accompany multiple shipments being transported at the same time, even if they are being transported in multiple vehicles.
14. The name of the escort shall be entered on the bill of lading by the party responsible for providing the escort, and upon request, the escort must prove his or her identity by presenting an ID card. The escort is required to properly safeguard the escorted shipment, including ensuring its completeness, and to follow the carrier’s instructions or the shipper’s instructions if they do not conflict with the carrier’s instructions.
15. A person designated by the shipper solely for the purpose of loading and unloading the shipment shall not be considered the shipment’s attendant. However, the second sentence of paragraph 12 of this article shall apply mutatis mutandis to a person referred to in the preceding sentence.
16. The carrier is entitled to refuse to transport a passenger covered by the preceding paragraphs if such passenger poses a threat to their own safety, the safety of other passengers, the shipment, or the vehicle.
17. The carrier is entitled at any time to verify whether the shipment corresponds to the information provided by the shipper in the bill of lading or as otherwise communicated to the carrier. The shipment shall be inspected at the place of loading or unloading in the presence of the persons handing over or receiving the shipment; during transport, it shall be inspected in the presence of at least one person who is not an employee of the carrier. If the shipment does not correspond to the information in the bill of lading and this could lead to a claim for damages against the carrier, the shipper is obligated to reimburse the carrier for the costs associated with such an inspection.
18. Unless otherwise agreed, the shipper is responsible for loading the shipment and the consignee for unloading it, where “loading” refers to placing the shipment on the vehicle’s loading area and “unloading” refers to removing the shipment in the opposite direction.
19. The shipper is responsible for securing the shipment on the vehicle and for loading operations on the vehicle, unless otherwise agreed.
20. The sender or recipient of the shipment shall provide appropriate loading and unloading equipment.
21. The shipper is obligated to pay the carrier a fee of €200 for the carrier’s waiting time during loading or unloading. This does not preclude claims for damages. Waiting time is defined as the time from the arrival of the vehicle for loading or unloading as specified in the contract until the actual commencement of loading or unloading operations, and any interruption of these operations not caused by the carrier, up to 12 hours.
22. If the waiting time for loading under the preceding paragraph exceeds 12 hours, the carrier may withdraw from the contract. This does not affect the right to payment of the fee under the preceding paragraph. The shipper is also obligated to pay the carrier a pro-rata portion of the freight charge and a contractual penalty of €200. This does not affect the right to claim damages.
23. At the destination, the carrier shall hand over the bill of lading and the shipment to the consignee upon the consignee’s confirmation of receipt of the shipment on the bill of lading.
24. If the shipper has requested in the bill of lading that the shipment be recounted or reweighed at the destination, or if the consignee requests upon delivery that the shipment be recounted or reweighed in his presence, the carrier shall comply with this request provided that suitable weighing or counting equipment is available.
1. The carrier is liable for the total or partial loss of the shipment or for damage to it occurring from the moment the shipment is accepted for transport until the moment it is delivered, as well as for any delay in delivery.
2. The carrier is exempt from this liability if the loss of the shipment, its damage, or the failure to meet the delivery deadline was caused by the consignee, an order from the consignee that was not due to the carrier’s negligence, an inherent defect in the shipment, or circumstances that the carrier cannot avert and whose consequences are beyond the carrier’s control.
3. The carrier may not invoke, in an attempt to avoid liability, either defects in the vehicle used for transport or the fault or negligence of the person from whom the vehicle was leased, or of that person’s representatives or employees.
4. Subject to the provisions of Article 18(2) through (5), the carrier shall be relieved of liability if the loss or damage arises from a special risk associated with one or more of the following circumstances:
5. If the carrier is liable under this Article for any of the circumstances that caused the damage, the carrier shall be liable to the extent that the circumstances for which the carrier is liable under this Article contributed to the damage.
6. If the bill of lading does not contain the carrier’s reservations and the reasons therefor, there is a legal presumption that the shipment and its packaging were in apparent good condition at the time of acceptance by the carrier and that the number of packages, their marks, and numbers corresponded to the information in the bill of lading.
7. The carrier is required to promptly notify the shipper of any damage to the shipment that occurred during transport prior to its delivery to the consignee. However, if the consignee has acquired the right to take delivery of the shipment, the carrier is required to provide this notice to the consignee. The carrier is liable for damage caused to the shipper or the consignee by a breach of this obligation.
8. In the event of loss or destruction of the shipment, the carrier is obligated to compensate for damage to the shipment in accordance with Article 23 of the CMR Convention. In addition, the carrier is obligated to reimburse customs duties and other costs incurred in connection with the carriage of the shipment, either in full or on a pro rata basis.
9. If the consignee discovers that the shipment has been lost, destroyed, or damaged in whole or in part, or if the person entitled to dispose of the shipment makes such a claim, a note to that effect must be made on the bill of lading without delay.
10. When filing a claim for damages, the necessary documentation regarding the cause and extent of the damage must be submitted—in particular, the bill of lading. To determine the amount of the damage, the claimant must submit invoices, if available, as well as a calculation of the damage and other documents supporting the claim.
11. The consignee may, without further proof, consider the shipment lost if it has not been delivered within 30 days after the expiration of the agreed period, or, if no period has been agreed, within 60 days after the carrier took possession of the shipment for transport.
12. The carrier shall be liable, as a commission agent, for the consequences of the loss or misuse of the documents listed in the bill of lading, attached thereto, or handed over to the carrier; however, the carrier shall be liable only up to the amount it would have paid in the event of loss of the shipment.
1. The bill of lading serves as evidence of the conclusion of the contract of carriage. If the bill of lading is missing, defective, or lost, this does not affect the existence or validity of the contract of carriage, and the provisions of the CMR Convention continue to apply to it.
2. The bill of lading shall be issued in three original copies signed by the shipper and the carrier. If permitted by the laws of the country in which the bill of lading is issued, these signatures may be printed or replaced by the shipper’s and carrier’s stamps. The first copy of the bill of lading shall be given to the shipper, the second shall accompany the shipment, and the third shall be retained by the carrier.
3. If a shipment must be loaded onto several vehicles, or if it consists of different types or separate parts of the shipment, the shipper or carrier has the right to request the issuance of as many bills of lading as there are vehicles to be used, or as many types or separate parts of the shipment to be loaded.
4. If a shipment is loaded or unloaded at multiple locations, a separate bill of lading must be issued for each part of the shipment. For repeated shipments from the same loading point to the same unloading point, for other shipments for the same shipper that are essentially repeated under the same conditions, as well as for shipments within buildings and construction sites, the shipper may agree with the carrier to use a single waybill for the entire shift of the vehicle.
5. All proposals to amend the contract of carriage and instructions must be sent to the other party in a verifiable manner, i.e., in the case of telephone or verbal communication, subsequently also by fax, email, or in writing, and the change in transport conditions must also be recorded in the bill of lading; where possible, these facts must be confirmed in the bill of lading by an authorized person on all copies available at the time of recording.
6. The bill of lading must also include other information relevant to any claims by the shipper, carrier, or consignee under the terms of the transport regulations.
7. If the space on the bill of lading is insufficient to list all authorized persons with the right of disposal, a written record must be prepared in as many copies as there are copies of the bill of lading available at the time of the entry, and attached to each of them.
8. The bill of lading must contain the following information:
9. The bill of lading must also include the following information, if applicable:
10. The contracting parties may also enter other information into the bill of lading that they deem necessary. Entries must be made by hand on all copies available at the time of entry. Entries may not be removed or altered. Corrections may be made by striking through the incorrect text, provided they are confirmed by the signature of an authorized person. If the entry is a numerical value, it must be repeated in words. A record shall be prepared if the waybill form is insufficient for entries by authorized persons, in as many copies as there are copies of the waybill available at the time of entry, and shall be attached to each of them.
11. The shipper, the carrier, and the consignee are responsible for the accuracy and completeness of the information they have entered on the bill of lading.
12. The shipper is liable for all damages and expenses incurred by the carrier as a result of inaccuracies or omissions in the information provided in this document.
13. If the carrier enters information into the bill of lading at the shipper’s request, it is presumed that the carrier acted on behalf of the shipper, unless proven otherwise. At the same time, the carrier is liable for any damages resulting from the carrier’s failure to have in its possession the transport and accompanying documents handed over by the shipper upon acceptance of the shipment for transport.
14. Upon accepting a shipment for transport, the carrier shall inspect:
15. If the carrier does not have the means to verify the accuracy of the information, the carrier shall note reservations on the bill of lading, along with the reasons therefor. The carrier must also provide reasons for any reservations made regarding the apparent condition of the shipment and its packaging.
16. Unless proven otherwise, the bill of lading is a reliable document evidencing the conclusion of a contract for the carriage of goods and its contents, as well as the carrier’s acceptance of the shipment.
17. The shipper has the right to request that the carrier verify the gross weight of the shipment or its quantity expressed in another manner. The shipper may also request verification of the contents of individual items in the shipment, in which case the carrier is entitled to reimbursement of the expenses associated with such verification. The result of such an inspection shall be recorded in the bill of lading.
18. The shipper is required to attach to the bill of lading or make available to the carrier the documents necessary for customs and other official procedures carried out prior to the release of the shipment, and to provide the carrier with any information it requests.
19. The carrier is not obligated to verify whether the documents and information are correct and sufficient. The shipper is liable to the carrier for all damages arising from the absence of documents or the failure to provide necessary information, or from the fact that the documents and information are incomplete or incorrect, unless the deficiency is attributable to the carrier.
20. The carrier shall be liable as a commission agent for the consequences of the loss or misuse of the documents listed in the bill of lading, attached thereto, or handed over to the carrier; however, the carrier shall be liable only up to the amount it would have paid in the event of loss of the shipment.
1. If the consignee accepted the shipment without properly inspecting its condition together with the carrier or without notifying the carrier of any reservations, including general information regarding the nature of the loss or damage, at the latest upon acceptance of the shipment in the case of loss or damage that is clearly apparent, and no later than 7 days from the date of delivery, excluding Sundays and recognized holidays, in the case of loss or damage not readily apparent, it is presumed, unless proven otherwise, that the consignee received the shipment in the condition described in the bill of lading. In the case of loss or damage that is not immediately apparent, such reservations must be made in writing.
2. If the condition of the shipment has been duly ascertained by the consignee and the carrier, evidence to the contrary is admissible only if the loss or damage is not immediately apparent and if the consignee has submitted a written complaint to the carrier within 7 days of such ascertainment, excluding Sundays and recognized holidays.
3. A claim for compensation for exceeding the delivery deadline may be asserted only if a written complaint was sent to the carrier within 21 days after the shipment was made available to the recipient.
4. The date of dispatch of the shipment, or, depending on the circumstances, the date on which the status of the shipment was determined, or the date on which the shipment was made available to the recipient, shall not be included in the time limits specified in this Article.
5. The carrier and the consignee are required to cooperate to the extent necessary to facilitate the required inquiries and investigations.
6. Claims arising from carriage covered by the CMR Convention shall be barred after one year. In the case of intent or such fault as is, under the law of the court hearing the case, deemed equivalent to intent, the limitation period shall be three years. The limitation period shall begin to run:
7. The day on which the statute of limitations begins to run is not included in the statute of limitations period.
8. A written complaint suspends the running of the statute of limitations until the date on which the carrier rejects the complaint in writing and returns the attached documents. If the complaint is partially accepted, the statute of limitations continues to run only with respect to the part of the complaint that remains in dispute. The burden of proof regarding the receipt of the complaint or the response thereto and the return of the documents lies with the party invoking these facts. A subsequent complaint regarding the same matter does not suspend the running of the limitation period.
9. Complaints must be submitted in writing only.
10. In the event of a traffic accident, the driver shall report it to his or her employer, call the police, and request a traffic accident report, which he or she shall immediately submit to his or her supervisor.
1. The carrier is responsible for ensuring that the vehicle is loaded only up to its gross vehicle weight rating.
2. If the carrier discovers that the vehicle is overloaded due to incorrect information regarding the shipment’s weight or other reasons attributable to the shipper that the carrier could not have identified, the shipper shall bear all damages and costs arising from the vehicle’s overloading.
3. If an overloaded vehicle caused by the shipper is detected at the point of shipment, the shipper must unload the excess weight. If the vehicle’s overloading is discovered later, the carrier may continue transporting the shipment back to the loading point or to the unloading point; however, the shipper is liable for all damages and associated increased costs and is also obligated to pay the carrier a reasonable surcharge. If, immediately after the excess weight is discovered at the loading point or after the vehicle returns to the loading point, the excess weight is not unloaded at the shipper’s expense and risk, the provisions of Article 9, paragraphs 21 and 22, shall apply mutatis mutandis.
4. If the performance of the contract of carriage in accordance with the terms specified in the bill of lading is or becomes impossible for any reason before the consignment reaches its place of delivery, the carrier is required to seek instructions from the person authorized to dispose of the consignment in accordance with Article 12.
5. However, if circumstances permit the carriage to be performed under conditions differing from those specified in the bill of lading and the carrier has been unable to obtain instructions in a reasonable time from the person entitled to dispose of the consignment pursuant to Article 12, the carrier shall take such measures as it deems best in the interest of the person entitled to dispose of the consignment.
6. If, after the shipment has arrived at the place of delivery, obstacles to delivery arise, the carrier shall request instructions from the shipper. If the consignee refuses the shipment, the shipper has the right to dispose of the shipment without having to present the original bill of lading.
7. Even if the recipient has refused the shipment, they may request its release until the carrier receives instructions to the contrary from the sender.
8. If circumstances arise that prevent the delivery of the consignment after the consignee has, pursuant to his or her authority under Article 12(3), given instructions for the consignment to be released to another person, the consignee shall take the place of the consignor and that other person shall take the place of the consignee for the purposes of applying the provisions of paragraphs 1 and 2 of that Article.
9. The carrier is entitled to reimbursement of expenses incurred in requesting or carrying out instructions, provided that such expenses were not caused by the carrier’s fault.
10. In the cases referred to in the preceding articles under the CMR Convention, the carrier may immediately deposit the consignment with the person entitled to receive it; upon such deposit, the carriage is deemed to have been completed. The carrier takes the consignment into custody; however, the carrier may entrust it to a third party and is then liable only for the careful selection of such third party. The obligations arising from the bill of lading and all other expenses continue to attach to the consignment.
11. The carrier may proceed with the sale of the shipment without waiting for instructions from the person entitled to it if the shipment is perishable, if the condition of the shipment justifies such action, or if the costs of storage are disproportionate to the value of the shipment. The carrier may also proceed with the sale if it has not received contrary instructions from the consignee within a reasonable time, the execution of which may reasonably be required of the carrier under the circumstances.
12. If, in accordance with the provisions of this Article, the consignment has been sold, the proceeds of the sale, after deduction of the amounts due in respect of the consignment, must be made available to the person entitled thereto. If these amounts exceed the proceeds of the sale, the carrier is entitled to the difference.
13. The procedure for the sale is governed by the laws or customs of the place where the shipment is located.
1. Matters not governed by these Conditions of Carriage or by an agreement between the contracting parties pursuant to Article I(5) of these Conditions of Carriage shall be governed primarily by the Convention on the Contract for the International Carriage of Goods by Road (CMR) and, subsidiarily, by the Commercial Code in force in the Slovak Republic.
2. The courts of the Slovak Republic shall have jurisdiction over any disputes arising from this contract of carriage.
3. These Terms and Conditions of Carriage shall enter into force and become effective on January 1, 2026
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