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General Business Conditions

(hereinafter referred to as the "Conditions")

Interpretation of basic terms

Principal – a natural or legal person to whom the Forwarder provides transportation services based on the Principal’s order, i.e. in particular it ensures for such person the transportation of a consignment or consignments from the Place of Dispatch to the Place of Destination.

Forwarder - RACEK KURÝR spol. s r.o., Company ID 28964594, with the registered office at Petrohradská 3/216, Prague 10.

Consignor – a natural or legal person from whom the consignment is dispatched. The Consignor is a person who can, but does not need to be, identical with the Principal, the Consignor is not in the contractual relation with the Forwarder if it is a person different from the Principal; in such case the Consignor is determined in the Principal’s order.

Place of Dispatch – the place determined by the Principal where the Forwarder is obliged to take over a consignment or consignments,

Place of Destination – the place determined by the Principal where the Forwarder is obliged to deliver a consignment or consignments.

Consignee – a natural or legal person to whom the consignment is intended according to the Principal’s order.

Written form - submissions made in a document or similar physical material delivered in person, by post, fax, courier, or submissions made via the electronic mail (e-mail).

 

Basic provisions

  1. These "Conditions" apply to transportation services provided by the Forwarder, unless some special conditions have been issued for the given service. It is possible to depart from these "Conditions" in the individual case only based on the written agreement of the Forwarder and the Principal.

  2. These "Conditions" are binding on the Principal from the moment when the Principal enters into the legal relation with the Forwarder. The Principal is in the exclusive contractual relation only with the Forwarder and in no event with any other person arranged by the Forwarder for the transportation of a consignment.


Consignment

  1. The consignment shall mean an item intended for transportation that the Forwarder is obliged to transport to the Consignee in accordance with these "Conditions" .

  2. The consignment must be packed duly so that it is protected against loss or damaging and so that it could not damage any other consignments or means of transport and does not cause any injury to health of servicing staff or any third parties.

  3. The consignment must have the address of the Consignor and the Consignee and also secured by means of package against any damaging or any other devaluaion, in particular with respect to the method of transportation and the nature of consignment.

  4. The consignment marking has to be complete and has to be legible, in the Czech language, for consignments sent abroad in the language of the state of destination, however, always written in the Latin alphabet.

  5. The following consignments are excluded from transportation:

    1. ownership or holding of which is forbidden pursuant to the domestic legal regulations,

    2. transportation of which on road or any other handling with them is subject to national or international regulations on dangerous substances or it is subject to any other limiting regulations or transportation of which on road or any other handling with them can be otherwise dangerous for the Forwarder, in particular the transportation of loaded guns, dangerous chemical substances and chemical preparations, poisons, explosives, detonative and flammable substances, radioactive substances

    3. military munitions and any other similar items,

    4. breakable things and such items that can cause, with their properties, injury to health of persons or damage to property or that can otherwise threaten due transportation, goods subject to quick deterioration that are not protected or packed in the corresponding manner, in particular when taking into consideration weight of an item or its another character for which necessary source documents and data are missing, in particular the complete address of the Consignee is not provided,

    5. the total weight of which is more than 1,000 kg or the dimensions of which exceed 200x170x150 cm (length x width x height), or a flat item with the width more than 170cm, weight or dimension including package is decisive for the determination of weight or dimension, while weight of 1 package in a consignment must not exceed 50 kg for transportation in Prague, 30 kg for domestic transportation and collecting international transportation, 70 kg in the air international transportation.

    6. live animal or animals,

    7. any other items that are not suitable for transportation of consignments (hereinafter referred to as "items that are excluded from transportation")

    8. valid banknotes, also foreign ones, cheques, bills of exchange and any other securities, goods and documents of extraordinary value, in particular precious metals, works of art and any non-insured things of high value

    9. in the case of international consignments: items and goods that are excluded from transportation from the sub-supplier of these services.

  6. If the Principal delivers any item referred to under i) to the Forwarder for transportation, the Forwarder is not liable for any damage in such consignment.

  7. Such item is also excluded from transportation that – even if it meets the conditions imposed by these "Conditions" on the consignment – is to be sent from the Place of Dispatch or is addressed by the Principal to the Place of Destination that is non-accessible, accessible only with extraordinary efforts or otherwise unsuitable, or it is the place where the Forwarder does not provide its services.

  8. The Forwarder is authorized to demand information on the consignment content and is not liable for any damage incurred due to the transportation of goods that can be excluded from transportation and of which it has not been informed sufficiently.

  9. In the case of any doubts about whether they are items or not that are excluded from transportation, the Forwarder’s opinion is decisive; the Principal is not authorized to demand dispatch of a consignment. The Forwarder is authorized, but not obliged, to measure or weigh a consignment.

 

Forwarder’s rights and duties

  1. The Forwarder undertakes:

    1. If an order is confirmed by the Principal, to take over the consignment in the Place of Dispatch,

    2. After take-over of the consignment in the Place of Dispatch, to ensure transportation of the consignment to the Consignee of the consignment to the Place of Destination,

    3. in the case of impossibility to deliver the consignment, the Forwarder is obliged to inform the Principal immediately and agree upon the further procedure,

    4. hand over the consignment against the written confirmation to the Consignee in the Place of Destination,

    5. ensure transportation of consignments duly, in time, with due diligence,

    6. give telephonic information to the Principal of when the consignment is delivered to the Consignee if the Consignee asks for that and when this service is provided. The Consignee is obliged to pay for this service according to the valid Price List of Services

    7. protect the Principal’s interests universally as far as the protection of the consignment transportation against damages is concerned that could incur during transportation,

    8. provide the Principal within twelve months from the date of delivery of the consignment upon its request the shipment document of the consignment, from which it can be determined who and when took over the consignment, who was the Consignor of the consignment and who was the Consignee of the consignment, or any other information of the consignment,

    9. keep confidentiality of facts it learns when carrying out transportation.

  2. The Forwarder can fulfil its obligation itself or while using services of another person (another Forwarder). When doing this, it is responsible as if it would carry out transportation itself.

 

Principal’s rights and duties

  1. The Principal undertakes:

    1. if it wants to use services of the Forwarder, to order transportation of a consignment in the defined manner, i.e. by phone, fax, via e-mail or on-line

    2. to provide the consignment with the exact name of the Consignee, the Place of Destination including the Building Number and the Land Registry Number and telephone, or contact person. For all consignments delivered outside Prague also postcode,

    3. the Principal specifies in the order its name, address and telephone; if the client number of the permanent Principal has been assigned to the Principal, it is enough to provide this number only,

    4. ensure due and safe packing of the consignment, appropriate to the nature and type of the consignment. The Forwarder is not responsible for any damages incurred due to the dereliction of this duty. For any consignments delivered outside Prague and outside the CR the Principal complies with the Transportation Conditions of the carrier the services of which it uses for the consignment delivery, if it uses them.

    5. hand over to the Forwarder, not later than when handing over a consignment, special documents, if they are necessary for meeting the consignment transportation,

    6. confirm hand-over and take-over of each consignment for transportation in the official shipment document of the Forwarder intended for that,

    7. provide the Forwarder with correct data of the content of the consignment and its nature; if this duty is breached, the Principal is liable for any damage incurred to the Principal in the consignment being transported as well as any damage incurred to the Forwarder due to a breach of this duty,

    8. accept back an undeliverable consignment.

  2. The Principal is responsible for transportation of the consignment for dispatch in such way so that the Forwarder can take over the consignment in the Place of Dispatch without undue delay; if a consignment is not prepared and it is not possible for the Forwarder to take it over from the Consignor within ten minutes from arrival to the respective address, the Principal is obliged to pay compensation for the time lost by the Forwarder exceeding the aforementioned ten minutes according to the valid Price List of the Forwarder, unless the delay is caused by the Forwarder. If it is urgent, the Forwarder has the right to recall the person transporting the consignment in the Forwarder’s name and send any such person to the Place of Dispatch at the Principal’s costs, unless the delay is caused by the Forwarder.

  3. If the Principal is not identical with the Consignor in the given case, the Principal is obliged to ensure so that the aforementioned duties are fulfilled; in the case of a breach of any of the duties referred to in this article, the Principal is responsible in the same way as if the Principal has sent the consignment itself.

 

Contractual relation

  1. The contractual relation between the Principal and the Forwarder originates at the moment:

    1. when the Forwarder confirms the order of the Principal for delivery of the individual consignment. The Forwarder can confirm the acceptance of the consignment by phone in the case of a telephonic order, or via e-mail.

    2. when the Forwarder completes, confirms and delivers the form Confirmation of Registration to the Principal. Based on that, the Client number is assigned to the Principal, of which it is informed via e-mail, and the Principal can take services with cashless payment

    3. when the Principal concludes the Forwarding Contract with the Forwarder. Based on that, the Client number is assigned to the Principal, of which it is informed via e-mail, and the Principal can take services with cashless payment

  2. By ordering a service according to the Price List of Services from the Forwarder the Principal expresses its consent with these "Conditions".

  3. Based on the contractual relation established pursuant to the subparagraphs 1 a – c the Forwarder becomes obliged to ensure transportation of the consignment and the Principal becomes obliged to pay for the consignment transportation.

 

Delivery of consignments

  1. The Forwarder’s duty to deliver the consignment is fulfilled upon handing over the consignment to the Consignee in the Place of Destination.

  2. If the Consignee identified by the Principal has not been caught personally, the consignment can also be given to any other persons against the written confirmation who are in the Place of Destination in the Consignee’s rooms, as well as to any other persons of whom it can be assumed according to circumstances that they are authorized to take over the consignment (in particular, the receptionist in the building with more companies). This does not apply if the Principal makes a condition explicitly in its order that the consignment has to be handed over exclusively to the Consignee; in such case it is necessary to give the consignment only to the Consignee and not anybody else. In no event the Forwarder is obliged to check the Consignee’s identity.

  3. If the Principal assumes that the Consignee might not be present at the time of consignment delivery, the Principal can also give the permission in its order to hand over the consignment to any person outside the Consignee’s office or flat (e.g. a neighbouring company, to a box, etc.). This permission must always be in writing unless the Principal stipulates otherwise.

  4. If the Principal specifies in its order that the transportation of the given consignment is paid by the Consignee, the Forwarder is authorized to give the consignment to the Consignee also if the Consignee refuses to pay the price for the consignment transportation. In such case, the price for the transportation of the given consignment has to be paid by the Principal.

  5. If the Consignee refuses to take over the consignment in the Place of Destination or if the consignment is undeliverable for any other reasons, in particular for the reason of inaccurate or non-existing address, the Consignee’s absence or the absence of any other person to whom it could be possible to hand over the consignment in accordance with these Business Conditions in the Place of Destination (hereinafter referred to as the "Undeliverable Consignment"), the Forwarder shall inform the Principal of that immediately and wait for its further instructions. If no instructions are given within a reasonable period, however, not later than within ten minutes, if it is not possible to meet these instructions or if it is not possible to contact the Principal, the Forwarder is obliged to deliver the consignment back to the Principal. If the Principal gives any other instructions of the Undeliverable Consignment to the Consignor, the Principal is also obliged to pay to the Forwarder the price for fulfilling these other instructions. The Forwarder’s duty to deliver is fulfilled in the case of the Undeliverable Consignment by its returning to the Principal. In this case, the Forwarder is also entitled to the price for returned transportation.

  6. Until the Forwarder gives the consignment to the Consignee, the Principal is authorized to demand, if it is technically possible, so that the consignment transportation is interrupted and the consignment is returned to the Principal, or so that it is handled otherwise in accordance with the transportation purpose. In such case, the Forwarder has to reimburse the related costs and the price in accordance with the Forwarder’s Price List.

  7. If the Undeliverable Consignment cannot be handed over to the Principle, the Forwarder is authorized to take the consignment into depository. If any damage is immediately threatening to the consignment or if any damage is threatening to the Forwarder due to the impossibility of its further keeping, and if it is not possible, in both cases, to demand the Principal’s instructions, if the Principal gives not instructions or if its instructions cannot be obviously fulfilled or fulfilled only with costs apparently not adequate to the nature and value of the consignment, or if the Principal does not collect the consignment from the Forwarder or if it does not enable its delivery within ten days from the date when the consignment should have been delivered, the Forwarder is authorized to sell the consignment in an appropriate manner. If there is a risk of delay and at the same time there is not chance to sell the consignment reasonably or the costs related to its sale would probably be not adequate to the consignment nature, in particular if the costs of sale exceed the expected income from sale, the Forwarder is authorized to destroy the consignment. Any costs incurred due to custody, sale or destroying of the consignment shall be borne by the Principal.

 

Time-limit for consignment delivery

  1. The time-limit for consignment delivery depends on the type of service selected by the Customer.

  2. The transport time-limit ends at the moment of hand-over of the consignment to the Consignee, or unsuccessful attempt for the consignment hand-over.

  3. When ordering a specific consignment, the Forwarder can inform the Principal of the expected time when the consignment will be delivered to it. If the Principal requests the service Air Consignment, the Forwarder confirms the time according to specific conditions or it has the right to refuse it.

  4. The Forwarder provides its services NON-STOP.

 

International consignments

  1. Where they are differing from these "Conditions" or where they are not fully covered in these "Conditions", these services are completely subject to business, transportation or forwarding conditions of the individual carriers whose services were used by the Forwarder for delivering the consignment of the Principal.

 

Regular transportation of consignments

  1. If the Principal agrees with the Forwarder upon regular transportation of consignments, the Forwarder is obliged to ensure so that the person transporting consignments in the Forwarder’s name regularly arrives to the place determined by the Principal as the Place of Dispatch at the time required by the Principal and such person will be prepared to take over consignments of the Principal.

  2. If the regular transportation is agreed, the Principal is obliged to pay the agreed price for this service also if no consignments are prepared in the Place of Dispatch. This does not apply if the Principal cancels in time specific planned take-over of the consignment. The Forwarder has the right to decide whether the Principal withdrew specific transportation in time.

 

Collection services

  1. The Forwarder ensures at the Principal’s request collection services related to the transportation of the consignment. The Principal is obliged to inform the Forwarder of the requirement for collection not later than when ordering the consignment transportation.

  2. Collection services are provided for all services offered by the Forwarder. The Principal is informed by the Forwarder of specific cases.

  3. Collected money can be provided to the Principal according to its requirement either via cashless transfer to its account, by the postal order or in cash. The Principal is obliged to pay to the Forwarder for the service of cash collection according to the valid price list.

  4. The Forwarder does not provide collection services if the collected amount is more than CZK 50,000.- unless the Forwarder agrees upon with the Principal otherwise.

  5. In the case of consignment delivery, the Forwarder is not obliged to wait for collection for more than ten minutes. If this period is exceeded or if the Consignee refuses to pay collection, the Forwarder has to inform the Principal of it immediately and wait for further instructions. If no instructions are given within a reasonable time, however, not later than within ten minutes, if it is not possible to meet these instructions, or if it is not possible to contact the Principal, the consignment is considered to be undeliverable and the Forwarder is obliged to deliver the consignment back to the Principal.

 

Price for consignment transportation

  1. The price for consignment transportation is the contractual price.

  2. That Price List of Services is binding on the price of a consignment that has been published by the Forwarder as at the date of transportation in the publicly accessible information system (the Internet), unless the Forwarder has agreed upon with the Principal in writing otherwise.

  3. The Principal is obliged to familiarize itself with the current Price List of Services of the Forwarder or to request it from the Forwarder.

  4. The price for transportation is paid in cash or via cashless transfer based on the issued invoice-tax document.

  5. The invoice is issued with the 10-day maturity period unless it is agreed otherwise, with all the essentials of the tax document. Its part is the overview of all consignments carried out in the given period and included in the invoice with the specification of the date, place of collection and delivery of consignment, name of contact person, price, consignment code (if it is specified in the order by the Principal) and circumstances reflected in the consignment price. Invoicing is carried out once per month.

  6. The invoice is sent, in a standard way, via e-mail to the electronic address specified by the Principal in the Order or in another electronic communication. The invoice is sent in the format pdf.

  7. The Principal who refuses to accept invoices in the electronic form shall be charged by the Forwarder as partial compensation for expenditures with issuing and sending invoices in the paper form for each invoice CZK 50.- + VAT in the item "for posting".

  8. In the case of delay with the payment of the price, the Forwarder is authorized to charge the Principal with the contractual default interest of 0.5% of the outstanding amount for each day of delay. If the delay with the payment of the price or its part exceeds 100 days, in addition to default interests the Principal is also obliged to pay on the 101st day of delay to the Forwarder the contractual penalty of 25% of the due amount. Hereby the entitlement of compensation for damage is not affected.

  9. For securing its claims, the Forwarder has the lien to the Principal’s consignment.

  10. In the event of the delay with making a cashless payment, the Forwarder is not obliged to continue in fulfilling its duties towards the Principal ensuing from the contractual relation and it is authorized to provide some other services to the Principal exclusively against the cash payment. This decision does not need to be notified to the Principal in writing.

  11. If the Forwarder is not able to complete transportation due to the facts for which it is not responsible, the Forwarder is entitled to a proportionate part of the price corresponding to the carried out transportation according to the Forwarder’s Price List of Services. The fact for which the Forwarder is not responsible is the impossibility to deliver the consignment due to a reason arisen on the Principal’s side.

 

Forwarder’s liability for damages

The Forwarder is liable for any damage in a taken over consignment incurred when arranging transportation by the Forwarder until its giving to the Consignee, or until returning the consignment to the Principal. The Forwarder is obliged to inform the Principal of the origin of damage in the consignment during hand-over of the consignment and make an entry of such damage in the completion certificate of the courier. The Forwarder relieves itself from the liability for damage if it proves that damages could not be averted, not even with due diligence.

The Forwarder is not liable for any damage in the consignment (i.e. damages incurred due to complete or partial loss of the consignment, its damaging or package damaging) or for damages incurred due to late or defective delivery of a consignment if such damage has been caused due to:

  1. a breach of the Principal’s duties or duties of any third party from whom the Forwarder has taken over the consignment in the Place of Dispatch or due to a breach or non-fulfilment of duties of the consignment owner or the Consignee of the consignment, ensuing from clients and any other laws of the country of dispatch or destination

  2. a defect or natural nature of the consignment content, including usual reduction,

  3. defective or insufficient package of which the Forwarder notified when taking over the consignment for transportation; if the Forwarder did not inform of any package defects, the Forwarder is not liable for any damage in the consignment incurred due to these defects only if the defects were not recognizable upon the take-over of the consignment

  4. extraordinary events, such as war, strike (except for strikes of the Forwarder’s employees or employees of the person ensuring consignment transportation based on the legal relation with the Forwarder), floods and any other natural disasters, violent events of extensive character exceeding the framework of general criminal activities, or any other similarly serious facts.

If any damage incurs to the consignment, the Forwarder is obliged to take due diligence so that the damage is the smallest possible.

The Forwarder is not liable for any damage caused by late delivery of a consignment abroad if they are not guaranteed services.

Unless the Principal proves something else, damages due to loss of a paper document or a data carrier in the information technology are considered to be the amount of the price of such empty paper document or empty data carrier. The rules set forth in the previous paragraph are not affected by this provision.

Unless the Principal proves something else, damages due to loss of a consignment other than the consignment referred to in the previous paragraph are considered to be the costs of replacement of such thing or the value of the thing proved with the valid accounting document (invoice). In the case of damage or devaluation of such consignment the Forwarder is obliged to compensate for the difference between the value the consignment had at the time of its take-over by the Forwarder and the value that the damaged or devalued consignment has.

The basic guarantee without additional insurance according to specific transportation:

-      International air consignments are insured for the value specified by the Principal upon ordering.

-      Transportation in Prague is insured up to the value of transportation price of a specific consignment. Additional insurance can be agreed upon ordering.

-      International and domestic collection road service – the price of delivery includes insurance up to CZK 50,000.-

-      Direct courier in the CR – the price of delivery includes insurance up to CZK 20,000.- .Additional insurance can be arranged.

In any case, the Forwarder is liable for real damage and bears no liability for lost profit and consequential damages due to erroneous delivery of the consignment.

 

Guaranteed services

  1. The Forwarder provides services with guaranteed time of delivery.

  2. For these services, it is responsible for timely delivery of the consignment.

  3. Time-limits for timely delivery of consignments are published in the offer at the publicly accessibly information system (the Internet) or are confirmed by the Forwarder.

  4. The services with guaranteed time of delivery include:

    • Urgent consignments in Prague,

    • International air consignments for which the guarantee is specified together with the price

    • Other explicitly agreed consignments with guaranteed time

  5. The compensation for damage incurred for late delivery of the consignment is contractually determined as:

  6. Amount corresponding to the price of transportation of such consignment (see 4.1)

  7. 50% of the price of consignment transportation (see 4.2 and 4.3)

  8. Conditions for timely delivery of the guaranteed consignment are as follows:

    • Correctly completed shipment documentation

    • Correctly provided contact details of the Consignee

    • Properly, timely and exactly completed and delivered also other documentation required in the country of origin, in the country of destination or in the transit country

    • Timely ordering and hand-over of the consignment

    • Correct packaging corresponding to the consignment content

    • Some other conditions referred to in the other articles of these "Conditions"

  9. The condition for returning money or non-charging of the guaranteed consignment is timely and complete complaint.

 

Complaint

A complaint of the liability for damage in the consignment has to be filed within 24 hours from the delivery of consignment, including the entry of damage upon take-over/hand-over of the consignment in the completion certificate of the courier, as an integral part of the complaint. Complaints regarding any damages incurred due to late or defective delivery or late attempt to deliver a consignment have to be applied without undue delay, however, not later than within ten days. If it is the liability for any damage in the consignment due to a loss of the consignment, it is also necessary to file the complaint within ten days from the date when the consignment should have been delivered.

The complaint in accordance with the previous paragraph must be in writing, it must include the exact calculation of the requested damage in accordance with these "Conditions" (unless the exact amount of damage is not known to the Principal yet, which must be explicitly stipulated in the written complaint), it must be delivered to the Forwarder within the time-limit according to the previous paragraph, it must contain the Consignee’s name and address, the date of dispatch; if it concerns international consignments, also the consignment weight.

If the Principal does not apply its claims at the time and manner according to this article, it applies that the consignment has been delivered in time and duly.

The Principal’s liability for damage

The Principal is liable to the Forwarder for all damages incurred to the Forwarder or any other person due to the fact that the Principal failed to fulfil any of its duties, including the fact that it handed over to the Forwarder an item that is excluded from transportation according to these "Conditions" .

Final arrangements

  1. The Forwarder is obliged to keep confidential all information concerning the type of consignments, their number of the place of destination against any unauthorized persons.

  2. All legal relations arising between the Forwarder and the Principal are governed by the Czech legal order. In any matters not regulated by a contract or these "Conditions", the applicable provisions of the Commercial Code apply.

  3. For all disputes between the Forwarder and the Principal arising directly or indirectly from services provided by the Forwarder, the locally competent court is the court in the district of which the Forwarder’s registered office is situated.

  4. These "Conditions" prevail over any possible different declaration of the persons acting in the Forwarder’s name, unless this different declaration is made in writing and signed by the person who is authorized to act in the Forwarder’s name in accordance with the applicable legal regulations.

  5. These "Conditions" apply only unless a written contract stipulates something else.

  6. These "Conditions" are published in the publically accessible information system (the Internet), at the website www.racek-kuryr.cz . In the event of any discrepancy between the written counterpart of the "Conditions" and their version published in the publicly accessible information system (the Internet), their version published in the publicly accessible information system (the Internet) prevails that is the only authentic version of the "Conditions"

  7. The Forwarder is obliged to publish in the publicly accessible information system (the Internet) any changes in these "Conditions" so that there are at least three days between publishing this change and the effect of this change. In the period between publishing the change and its effect, these "Conditions" in the current wording apply. At the same time, the Forwarder is obliged to inform the Principal, if the Forwarder has the contractual relation with the Principal, of the change in an appropriate manner, in particular by letter, via e-mail or information provided in the tax document.

The exclusive offer New York until the following day – CZK 535.-!

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Racek kurýr offers to its clients using the air transport to the whole world, with the delivery to the most common destinations until the following day. The client has the consignment under its control throughout the period of transportation based on the monitoring number.

Our operators at the client line 775255665 or 226531988 will notify you willingly of the specific calculation of the air transport. This service is intended mainly for the clients of Racek kurýr s.r.o.

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