Version 16/07/21

SERVICE PROVISION TERMS AND CONDITIONS AIR AND MULTIMODAL

1. Offer subject to airline availability.
2. Our price is VAT excluded.
   1. The price is based on the weights and measures provided as well as the airfares published today.
   2. Customs clearance: 3% overdraft commission based on Duties + Taxes in cases where the customer requests HIRUTRANS GARRAIOAK S.L. to make an advance payment of the aforementioned, with a minimum of 30€ and a maximum of 120€.
   3. Volumetric weight based on industry standard, (factor 1:6)
   4. Not including taxes and warehousing to be paid at destination if necessary and/or import or export taxes.
   5. Not including additional inspections if any.
   6. The quote is valid for one day (CET) for conventional air cargo or for 30 minutes for on board courier, except otherwise indicated in both cases. Any quotes accepted after the indicated deadlines must be approved by HTG, otherwise, they will be considered null and void.
   7. Acceptances made after this period must be ratified by HIRUTRANS GARRAIOAK S.L., otherwise they will have no effect.
   8. Payment terms: bank transfer within 30 days of the invoice date, except in the case of the first transport with us.
   9. If the transport service has already started, the Customer shall pay, in addition to the duly justified expenses incurred by HIRUTRANS GARRAIOAK S.L., the service price in proportion to the part executed, provided that the latter is of any benefit to the Customer, or may be required to pay the full amount when the non performance is attributable to him.
3. If the information provided by the customer (quantities, weights, volumes, addresses) does not correspond to that related to the goods transported, the customer will bear the extra costs.
4. The established collection and delivery times may suffer alterations for reasons of force majeure beyond the control of HIRUTRANS GARRAIOAK S.L., being exonerated from liability in such cases.
5. The Customer must indicate in his request all the necessary requirements for the loading.
6. The Customer accepts that transhipments may be made in the contracted transport, if necessary and that the transport may be subcontracted.
7. The customer is responsible for the sufficiency and truthfulness of the information provided and will hold HIRUTRANS GARRAIOAK S.L. harmless from any liability that may be required as a result of the insufficiency or inaccuracy of the information provided
8. In general, HIRUTRANS GARRAIOAK S.L. will inform the Customer of the arrival of the vehicle at the loading and unloading places and of the arrival of the goods at the airport of departure and destination and, as far as possible, of any events that may arise during the contracted transport service.
9. Transport subject to our Standard Terms and Conditions of Engagement and, alternatively, to the applicable transport regulations (International air and multimodal transport: Montréal Convention, Warsaw Convention, CMR Convention, as the case may be; National air and multimodal transport and for what is not regulated in the aforementioned legislation: Spanish legislation). HIRUTRANS GARRAIOAK S.L. reserves the right to exercise all the actions contemplated by the regulations in force, without renouncing any of them.
10. Nature and value of the goods: Only “OK to transport” goods may be transported, see section “Nature and Value of goods” (clause 12). If the goods are perishable, this must be expressly stated.
11. Resolution of controversies and Applicable Law: For the resolution of controversies that may arise in relation to this contract of transport, the parties agree to submit to the jurisdiction of the Spanish Courts and in particular to the jurisdiction of the Courts and Tribunals of Donostia San Sebastián. The applicable law will be the Spanish law and the international treaties that form part of the Spanish legal system.
12. Nature and value of the goods
    12.1. The goods transported in the shipment commissioned to HIRUTRANS GARRAIOAK S.L. must be trade goods in general and their value must not exceed €300 000 € [1]. Also possible to transport are product samples or an “On Board Courrier“ service and the value should not exceed €30,000. Furthermore, we can accept mobile telephony and consumer goods like mobile phones, tablets, smart-watchs etc but the total value must not exceed €90,000 [2]. 

    12.2. The goods transported must be duly packaged, stowed and conditioned in accordance with their nature.  It must be safe for shipment and in compliance with the current legislation. The shipper is exclusively responsible for adequately performing said operations. Likewise, the shipper must ensure sufficient protection of the goods during the normal stages of transit.12.3. In all cases, the goods must not be included in the following list:
    Armaments, military materials, spare parts and/or equipment; Goods which are the object of illegal, prohibited or clandestine trade or transport; Gold, silver and other precious metals; Bank notes, bearer securities, documents and coupons; Jewellery and articles of jewellery, of fine metals; Precious stones and real pearls; Goldsmiths‘ wares of fine metals: Works of art, antique or rare objects of agreed value; Lace, embroidered or woven with fine metals and legitimate silk doilies; Collections of any kind; Animals, trees, plants and flowers; Dangerous goods (IMO); Explosive goods; Radioactive goods; Removals and personal effects; Vehicles or any other means of transport; Tobacco[3], wine and spirits; Lottery or prize-winning pools; Goods containing traces of fuel in the tank; Goods with oils inside; Blood, plasma and body fluids; Biological material; Perishable goods.

    12.4. The following are considered SPECIAL GOODS: Metal coils and sheets; Pharmaceutical products; Temperature controlled goods; Used, damaged or accident goods and Goods returned to their origin.

    If the goods to be transported are SPECIAL GOODS and corresponding to the above list, the client must explicitly inform HIRUTRANS GARRAIOAK S.L. before the start of the service. The client will assume the eventual expenses derived from the non-fulfilment of the above.
    

    12.5. Upon contracting the transport service with HIRUTRANS GARRAIOAK S.L., unless otherwise expressed in writing and in an irrefutable manner by the Customer prior to the start of the said transport service, it is presumed that the goods transported in the contracted shipment are “OK to transport”.

    In the event of a breach of this clause, i.e. the shipment of goods on the Customer’s behalf that are not “OK to transport” without any prior declaration whatsoever from the Customer, made in the aforementioned manner, HIRUTRANS GARRAIOAK S.L. shall be completely exonerated from any type of liability related to the goods in those cases where the Customer has been given prior express warning that said goods cannot be transported and that the Customer has not made any declaration in this regard, although obliged to do so.  Thus the Customer shall be solely liable for any damages, loss and/or delay that the goods may suffer and/or cause to HIRUTRANS GARRAIOAK S.L. and/or third parties.
    [1][2][3] Unless otherwise insured under other conditions with HIRUTRANS GARRAIOAK S.L.

13. These service provision terms and conditions do not apply to the charter service.
    This document summarises the terms and conditions under which the transports contracted by the Client with HIRUTRANS GARRAIOAK S.L. will be carried out. Except when otherwise expressly stated in writing sufficiently prior to the commencement of the transport services, the Client shall be deemed to accept in full the present Terms of Service and the Standard Terms and Conditions of Engagement of HIRUTRANS GARRAIOAK S.L. published in its website, and any previous agreement that could contradict any of them shall be void. As a result, there is a novation of the main conditions previously agreed upon.