CONTENTS:
I. The fundamental provisions
II. Loading and unloading
III. Transportation and the responsibility for the goods
IV. The transportation charge, insurance and general averages
V. The joint and concluding provisions
VI. Annexes
no. 1 The loading and unloading times
no. 2 The share of the loss of weight for which the transporter is not liable
I. The fundamental provisions
Contents:
a) The legal relations
b) The commencement and expiry of the transport contract
c) The carriage documents
d) The order and the registration of the transportation
a) The legal relations
1. The legal relations between the transporter (the ship operator – Czech Ports plc) and the sender (the party ordering the transportation) are subject to the freight transport contract, these transport conditions of Czech Ports plc. (hereafter simple referred to as the transport conditions) and the Commercial Code (Act no. 513/91 Coll. as amended).
2. If it is not stated otherwise, these transport conditions form an integral part of the freight transport contract.
b) The commencement and expiry of the transport contract
1. Provided none of the previous mutual agreements do not state otherwise, the freight transport contract concluded between the transporter and the sender will commence with the signing of the carriage document (the bill of loading) which confirms:
(1) that the carrier has taken delivery of the goods for transportation as described in detail in the carriage document and that the transporter pledges to transport the goods from the starting point to the agreed destination,
(2) that the transport will take place according to the concluded freight transport contract,
(3) that the sender will pay the agreed transport charge.
The sender/party ordering the transportation becomes the sender once the freight transport contract has been concluded.
2. If none of the previous mutual agreements states otherwise, the freight transport contract concluded between the transporter and the sender will be completed upon the arrival of the consignment at the designated place (the destination port).
3. The sender has the right of disposal over the goods and may especially request the transporter not to transport the goods or may change the place of dispatch or the destination. The sender’s new instructions (the application of the right of disposal) must not prevent the fulfilment of the other agreements contained within the freight transport contract and must not lead to the division of the load, provided it is not decided otherwise at the time of the change. The sender’s right of disposal lapses as soon as the recipient has requested the submission of the goods after receiving the transporter’s notification of the readiness of the goods to be submitted.
4. If the sender wants to invoke its right of disposal, it must submit a copy of the bill of loading and the required changes and then confirm them with its signature on the bill of loading or a copy thereof after the transporter has approved them.
c) The carriage documents
1. The carriage document for domestic and international transport is the bill of loading (hereafter simply referred to as the B/L).
2. The sender is obliged to correctly fill in all of the parts of the B/L which must be filled in by the sender. The sender is liable for the correctness and completeness of the information and for the declarations which it enters into B/L, as well as for any consequences, if this information or these declarations should prove to be incorrect, inaccurate or incomplete.
3. By confirming the B/L, the transporter confirms that the goods contained within it have been loaded and accepted for transportation and pledges to transport the goods to the designated place and to issue them to the authorised recipient there. By confirming the B/L, the sender confirms that it pledges to pay the transporter the agreed transport charge. If the sender is not the party which ordered the transportation, this confirmation to pay the transport charge is considered to have been issued by the party which ordered the transport. The goods must be recorded not only by name, but also by means of the appropriate code according to the Customs Schedule of the Czech Republic. When transporting dangerous goods, the B/L must include the designation of the goods (the UN Code) according to the regulations for the transportation of dangerous goods by water.
4. The original of the B/L accompanies the goods and is issued to the authorised recipient along with the goods. The sender receives a confirmed copy of the B/L substantiating the receipt of the entered goods by the transporter. The transporter and the sender designate the number of copies of the B/L and their distribution according to the needs of both contractual parties.
5. If any special documents are necessary for the realisation of the transport in accordance with the port, customs, healthcare, veterinary, ecological or other regulations, the sender is obliged to give them to the transporter when submitting the goods for transport. The sender is liable for any damages which arise for the transporter as a result of the failure to submit or the late submission of any such documents or as a result of their inaccuracy or insufficiency. The transporter is liable for any damages arising as a result of the loss of the documents, if they have been recorded as annexes to the B/L.
d) The transport order
1. The party ordering the transport (usually a forwarding agent) provides the transporter with an order which has the character of a proposed contract governing the conclusion of a future (freight transport) contract according to the provisions of sections 289 to 292 of the Commercial Code. The party ordering the transport will especially specify in the order the type, dimensions and amount of the goods, the required delivery date (arrival in port), the required loading dated (or the commencement and end of the freight transport contract, see point b) 1 of these transport conditions) and any further requirements (for example, the required method of protecting the goods against the elements and so on). The party ordering the transport will use a common form or will prepare the order freely as a letter, fax or email; it must, however, always contain all of the prerequisites pertaining to an order.
2. The transporter will either confirm the submitted order or will negotiate changes (especially concerning the commencement or end of the freight transport contract, the dates or the amounts) with the party ordering the transport. If no tariff conditions have been agreed for the ordered transport, the copy which is confirmed by the transporter and submitted to the party ordering the transport must contain them.
3. The party ordering the transport and the transporter may also negotiate any deviations to the thus confirmed transport (for example, in the dates) by telephone. Each of the partners may request written confirmation of any additionally agreed changes. If the requested change is not confirmed (acceptable) by the second party, the provisions set out in the following paragraphs will apply for the mutual settlement of any claims for eventual damages.
4. The agreed (confirmed) transport may be cancelled by the party ordering the transport or by the transporter without any entitlement to compensation at the latest by the fifteenth day prior to the agreed (confirmed) loading date. If the agreed (confirmed) transport is cancelled in the period between the fourteenth and the fifth day prior to the agreed (confirmed) loading date, each of the partners (the party ordering the transport and the transporter) will be entitled to invoice the other party which cancelled the agreed (confirmed) transport 10% of the agreed transport charge. If the agreed (confirmed) transport is cancelled between the fourth and the first day prior to the agreed (confirmed) day of loading, each of the partners will be entitled to invoice the other party which cancelled the agreed (confirmed) transport 30% of the agreed transport charge.
5. If the transporter has not cancelled the availability of ship hold area according to the previous paragraph and fails to make the ship hold area available for part or all of the agreed (confirmed) transport volume at the agreed time, the party ordering the transport will be entitled to charge the transporter the amount of 5% of the agreed transport charge for the unavailable transport volume for every commenced day of delay. The party ordering the transport may charge the transporter the agreed transport charge as one-off compensation for any eventual damages, if the transporter completely fails to provide the ship hold area for part or all of the agreed (confirmed) transport volume.
II.
Loading and unloading
Contents:
a) The loading and receipt of goods from the transporter
b) The unloading and issuance of the goods to the recipient
c) The loading and unloading times, the stay of the vessel in port
a) The loading and receipt of goods from the transporter
1. The sender will submit the goods to the transporter at the agreed place which is usually the vessel freight area in the port designated for loading.
2. The transporter will accept the goods from the sender (the sender’s designated representative):
(1) according to the weight stated by the sender either in the loading order or in the carriage document (B/L);
(2) according to the weight designated from the measurement of the ship’s draught before and after loading;
(3) according to the weight designated by means of weighing undertaken on officially tested rail, road or belt scales which are operated by an officially qualified and authorised employee (scales operator), whereby these scales must be in close proximity, so that the transporter (its representative) has the opportunity to inspect them prior to the weighing (the transporter is authorised to request the official review of the scales and the authorisation of the scales operator) and to inspect them during the course of the weighing (including, for example, the fact that the unladen scales register zero);
(4) according to the number of items (the type of goods or packaging, the brand, number, etc.)
3. The loading of the goods must be undertaken with all due specialist care so that the goods are duly sorted and placed in the loading area according to the vessel captain’s instructions without the goods in question or any other goods being damaged. All of the costs for the loading of the goods and their placement in the loading zone will be born by the party ordering the transport and said party will also be liable for any damage to the boat or to any other loads during the loading and in association with it.
4. The sender must provide the transporter with all of the information necessary for the transport and especially must enter the goods and the packaging in the carriage documents in the manner which is common for transport, secure the marking of the goods which will remain in place until the end of the journey and state the type, condition, quality, hazardous nature, weight, cubic capacity, dimensions, number or other expressed amount of the goods at the latest upon the acceptance of the goods by the transporter, The sender must further provide the transporter with the necessary accompanying documents required by the port, customs, healthcare or other regulations.
5. The captain of the vessel will confirm the receipt of the goods by signing the B/L.
6. The sender and the transporter may agree that the transporter will secure the loading of the goods at the expense and risk of the sender.
b) The unloading and issuance of the goods to the recipient
1. The transporter will issue the goods to the recipient at the agreed place.
2. The recipient (or the recipient’s designated representative) will accept the goods from the transporter:
(1) according to the weight stated by the sender either in the loading order or in the carriage document (B/L);
(2) according to the weight designated from the measurement of the ship’s draught before and after unloading;
(3) according to the weight designated by means of weighing on officially tested rail, road or belt scales;
(4) according to the number of items (the type of goods or packaging, the brand, number, etc.)
3. The designation of the amount of the goods received from the sender and the designation of the amount of the goods submitted to the recipient must agree and the recipient therefore cannot request any other method of designating the amount of the goods than that which was used when the goods were received from the sender when taking delivery of the goods without the prior agreement of the transporter.
4. The unloading of the goods must be undertaken with all due specialist care so that the unloaded goods in question or any other goods are not damaged.
5. The recipient confirms the receipt of the goods by signing the B/L.
6. The sender and the transporter or the recipient and the transporter can reach an agreement that the transporter will secure the unloading of the goods from the vessel at the expense and risk of the sender or the recipient.
c) The loading and unloading times, the stay of the vessel in port
1. The stay of the transporter’s vessels in port is mainly caused by the loading, unloading or lightening of the vessels, the assembly of the consignment, waiting for loading, waiting for unloading and the treatment of the goods (for example, fumigation and so on).
2. Waiting for loading (until the day agreed to in the order) and waiting for unloading (until the day of the commencement of the unloading according to the set or agreed delivery terms) is a risk which is born by the transporter (shipper).
3. Waiting for the treatment of the goods (for example, fumigation) is a miscellaneous period of stay in port. The miscellaneous period of stay in port is calculated from 6 am on the day agreed for the treatment of the goods. The free miscellaneous period of stay in port is set uniformly as 2.5 days for each vessel regardless of its loading capacity and it includes both waiting for the treatment of the goods and the actual treatment. However, this free miscellaneous period of stay in port may only be applied once for each consignment.
4. The loading or unloading period is counted from 6 am or 2 pm. If transfer has also been negotiated in the night shift, the beginning of the loading or unloading period is 10 pm. The loading or unloading day is understood as being the period of two consecutive shifts within the period from 6 am to 10 pm. This means that one half-day is 8 hours or the period of one shift. If loading or unloading is undertaken during the night, this night shift (from 10 pm to 6 am) counts as one loading or unloading half-day.
5. The loading or unloading period does not take place on Sundays or public holidays, provided it has not been bilaterally decided otherwise.
6. The provisions concerning the loading and unloading period also apply to the lightening of vessels or the completion of consignments.
7. The loading and unloading periods are contained in annex no. 1 to these transport conditions.
III.
Transportation and the responsibility for the goods
Contents:
a) The selection of the vessel and the transport route
b) Transportation impediments
c) Delivery periods
d) The responsibility of the transporter for the goods
a) The selection of the vessel and the transport route
1. The transporter designates the vessel which will be used for the transport, but the transporter is not bound to realise the transport of the goods with a specific vessel, along a certain route or during a certain period, provided it is not decided otherwise.
2. The transporter is entitled to transfer the goods to another vessel, to transport the goods using road transport or to place the goods in a terminal, if to do so is in the interests of the goods or the vessel or upon the basis of the actions of the state administration.
3. The transporter is entitled to transport various goods in the same vessel and to designate the transport route for the accepted goods.
4. The day of the fulfilment of the performance according to the freight transport contract (the day of the completion of the performance) is considered to be the day of the arrival of the vessel in the designated port in the case of domestic transport (provided it is not stated otherwise in the freight transport contract).
b) Transportation impediments
1. A transportation impediment is considered to be every event which can hinder or preclude the fulfilment of the transport contract without the sender, the transporter or the recipient being in any way able to predict or influence it.
2. A transportation impediment is any circumstance which precludes any further transportation, especially Acts of God, quarantine, mobilisation, military exercises, sabotage, riots, civil unrest, strikes, blockades, the confiscation of the ship or the goods and the actions of the state administration (for example the halting of sailing and so on). The term Act of God especially means flooding and other natural catastrophes, freezing and ice movements, high or low water or other effects of the natural elements.
3. If a transportation impediment occurs prior to the commencement of the loading of the goods onto the ship, the sender and the transporter can withdraw from the contract without being obliged to mutually defray any costs or damages.
4. If a transportation impediment occurs after the commencement of the loading of the ship, but prior to the ship’s sailing, the sender or the transporter may withdraw from the contract, whereby the sender will secure the loading and unloading of the ship at its own expense. The transporter is not entitled to the transport charge or to the demurrage throughout the period of any transportation impediment.
5. If a transportation impediment occurs after the loaded vessel has sailed from the port of loading, but the negotiated transport cannot be carried out to the destination port within the agreed deadline because of said transportation impediment, the transporter or the sender may withdraw from the contract. If the sender withdraws from the contract, the transporter will be entitled to the distance transport charge. If the transporter withdraws from the contract, the transporter will lose its entitlement to the distance transport charge. In both cases, however, the sender is obliged to unload the ship within a reasonable period and at its own expense.
6. If a transportation impediment occurs after the loaded vessel has sailed from the port of loading, but the negotiated transport cannot be carried out to the destination port within the agreed deadline because of said transportation impediment and neither the sender nor the transporter withdraws from the contract, this case will be considered to involve running to a safe harbour and the arising costs (for example, for the transfer, for replacement transport and so on) will be charged between the vessel, the transport charge and load commensurately according to their value.
7. The delivery deadline will not apply throughout the period of the duration of a transportation impediment and no demurrage will be charged.
c) Delivery periods
1. The delivery period is the period from the receipt of the goods by the transporter from the sender through to the notification sent to the recipient as to the fact that the goods are ready for handover in the designated port. The delivery period is counted in calendar days. The day of the receipt of the goods by the transporter is not counted in the delivery period. The delivery period runs from the day following after the day of the receipt of the goods by the transporter and ends on the day that the notification is sent to the recipient as to the fact that the goods are ready for handover (for unloading).
2. The sender and the transporter may agree to a delivery deadline for individual consignments. The agreed delivery deadline must be noted in the B/L. The agreed delivery deadline is bilaterally binding.
3. The agreed delivery deadline (date) means that the vessel must arrive in the destination port on time so that it can be presented for loading or unloading on the next day. If it is not mutually decided otherwise, 6 am of the nearest following day is considered to be the agreed commencement time for the loading or unloading. If the nearest following day is Sunday or a public holiday, the agreed commencement of the loading or unloading of the vessel is considered to be nearest following workday or Saturday. The earlier arrival of the vessel (before the agreed delivery deadline) does not entitle the transporter (shipper) to any demurrage for failure to load or unload the vessel in the days prior to the agreed delivery deadline.
4. If the transporter (shipper) exceeds the agreed delivery deadline, the sender is entitled to charge the transporter the agreed amount for every commenced day of the delay with the exception of the case set out in paragraphs b) 1, 2.
d) The responsibility of the transporter for the goods
1. The transporter is responsible for any damages arising as a result of the loss or damage of the goods from the time of their receipt from the sender through to their submission to the recipient, unless the transporter could not have prevented this even when exerting all due specialist care.
2. The transporter is not liable for any loss or damage to the goods, if it is proven that the loss or damage was caused by:
(1) the sender, the recipient or the owner of the goods;
(2) any inadequacies or the natural nature of the goods, including usual decrease;
(3) defective or inadequate packaging, which the transporter pointed out when taking delivery of the goods and which fact was noted in the (B/L); if the transporter failed to point out any faulty or inadequate packaging, the transporter is only not liable if the fault in the packaging was not ascertainable during the acceptance of the consignment.
3. The transporter is not liable:
(1) for any damage to goods, for which the loading, unloading or transfer has been organised by the sender, the recipient or the owner of the goods, provided said damage occurs during the loading, unloading or transfer;
(2) for any damage to goods which are by their very nature subject to the threat of damage (especially rusting and oxidation, mould, self-ignition, fermentation, putrefaction, odours and so on), loss of weight (especially from drying out and evaporation) or loss, provided it can be proven that the damage occurred as a result of such a threat. Annex no. 2 sets out the proportions of the losses in weight for which the transporter is not liable.
4. If any damages arise upon the basis of the provisions of the previous paragraphs, the transporter is obliged to exert all due specialist care in order to limit the damage.
5. The transporter may fulfil its obligations using a further transporter or a nominee and in such a case will be liable to the sender as if the transporter had undertaken the transport itself.
6. The submission of the goods to an unauthorised individual is considered to constitute a loss of the goods.
IV.
The transportation charge, insurance and general averages
Contents:
a) The transport charge
b) Insurance
c) General averages
a) The transport charge
1. The transport charge is understood as being the carrying charge, the low water surcharge, the canal, lock, bridge and harbour fees or any other fees associated with the provision of the transport.
2. The transport charge payer is the sender or the party ordering the transport. The transporter is authorised to secure its receivables prior to the realisation of the transportation (for example, by means of a bill of exchange or bank documentary collection).
3. The right to issue the invoice (taxation document) arises on the day of the completion of the performance. If the invoiced transport charge is not defrayed within the designated or agreed maturity deadline, the transporter will be authorised to charge default interest according to section 369 of the Commercial Code from the maturity day onwards.
4. If the goods are completely lost, the transporter will not be entitled to any transport charge. Given the partial loss of the goods or damage to the goods, the transporter will only be entitled to the transport charge for the goods received by the sender at the conclusion of the transport.
b) Insurance
1. The sender may negotiate the insurance of the goods with the transporter.
c) General averages
1. In the case of a general average, the sender (owner of the goods) is obliged to pay a contribution in accordance with the provisions of section 32, subsection 2 of Domestic Water Transportation Act 114/95 Coll. and sections 29 to 34 of Regulation 222/95 Coll..
V.
The joint and concluding provisions
Contents:
a) Compensation for damages
b) Claiming compensation for damages
c) The right of lien
d) The protocol of non-conformity
a) Compensation for damages
1. If the transporter is obliged to provide compensation, the transporter must compensate the price which the goods had at the time of their transfer to the loading point in the case of any lost goods. The transporter is not responsible for any indirect or subsequent damages.
2. In the case of the damage or partial loss of the goods, the transporter will be obliged to compensate the difference between the value of the goods at the time of the receipt of the goods by the transporter and the value which the goods have in their damaged state.
3. The value of the goods is designated:
(1) according to the invoice (taxation document), or
(2) according to the declared customs value, or
(3) according to the last price quoted on the exchange in the country of departure
b) Claiming compensation for damages
1. The damage of the goods, including any discovered shortfalls, claimed by the recipient during the acceptance of the goods during unloading will be noted in the B/L.
2. The basis for claiming compensation for damages is the record in the B/L (or the record of finding drawn up by the representative of the recipient and the transporter) made during the unloading of the goods. If the recipient claims compensation for damages, the B/L with the bilaterally signed statement of the discovery of the damages (or the signed record of finding) must be included with the damages claim. The transporter and the recipient are both entitled to realise the essential photographic documentation at their own expense and to request its attachment to the B/L (or to the record of finding). Part of the basic documentation for lodging a claim for compensation of damages may only, however, be those photographs which are included in the signed B/L (or the record of finding) and are listed as part thereof (annex).
3. The sender (the sender, the recipient, the owner of the goods or the forwarding agent) will lodge a claim with the transporter for compensation for damages in the case of the full or partial loss or damage of the goods and if the agreed delivery deadline is exceeded; apart from the written justification for the claim, the sender (hereafter simply referred to as the justified party) will also include:
(1) the original of the B/L or a copy with the denoted finding during the receipt of the goods (or the record of finding);
(2) the document on the price of the goods (the taxation document or the customs document) or the document on the amount of the costs associated with the repair of the damaged consignment, provided the amount of the damage is known at the time of the claim;
(3) the transport charge payment document.
4. If compensation is requested on behalf of the authorised party’s representative, said representative must submit a power of attorney containing the representative’s authorisation; the transporter will keep this power of attorney.
5. The transporter will decide on the (written) lodged claim for compensation within three months of the day of the submission of the claim or within three of the day when the lodged claim was supplemented with the required documents (after notification from the transporter).
6. All of the claims against the transporter become null and void, if they are not lodged at the latest within one year of the day of the conclusion of the freight transport contract.
c) The right of lien
1. The transporter has a right of lien to the consignment in order to secure all of its entitlements arising from the freight transport contract and this will remain the case for as long as the transporter is entitled to handle the goods. The transporter and the sender have agreed that this right of lien will also apply to any of the debtor’s (sender’s) due obligations from any other (earlier concluded) freight transport contracts.
2. The transporter and the sender have agreed that, if any of the sender’s obligations from the freight transport contract are not paid correctly and on time, the transporter will be entitled to satisfy it entitlements by selling the stored consignment (hereafter simply referred to as the security) itself or via a third party for a price at least equal to the amount of the market price set by a valuer authorised to carry out this activity. The transporter is obliged to inform the sender of the intended sale in writing at least 10 days prior to the commencement of the sale. If the security is not able to be sold within 15 days of the commencement of the sale, the transporter will be authorised to sell the security for the price designated according to this paragraph reduced by 50%
3. When selling the security, the transporter will be authorised to conclude a contract of purchase representing the sender in such a way so that the purchase price for the sale of the security is paid to the transporter’s account. The transporter will use the paid purchase price to satisfy its due secured receivable or part thereof and the costs associated with the sale of the security. The transporter will issue any earnings from the sale of the security which exceed the secured receivable, including accessories and the expediently outlaid costs for the sale of the security, to the sender within 15 days of the securing of the satisfaction of the secured receivable.
4. The sender authorises the transporter to carry out the acts set out in article V.c) 1-3 and the transporter accepts this authorisation. This power of attorney will be effective from the moment of the sender being notified of the application of the right of lien by the transporter up until the satisfaction of the secured receivable and it will be irrevocable throughout this period.
d) The protocol of non-conformity
1. In the case of the discovery of any deviations from these transport conditions, the appropriate responsible employee of Czech Ports plc will be obliged to fill in a protocol of non-conformity and to secure the further procedures in accordance with guideline SK no. 8 – Non-Conformity Management.