1. Purpose and scope of this information
This information notice of GVM Europe Kft. (the “Company”) sets out the basic principles for using transport and freight forwarding services, the tasks of the parties involved, and the procedure for reporting complaints and claims.
The content and terms of performance of each order are determined by the contract concluded between the parties, the general terms and conditions that have become part of it, and the applicable legislation.
This information notice does not in itself constitute general terms and conditions and does not amend the contract between the parties.
2. Legal framework of the services
Depending on the terms of the contract concerned, the Company undertakes either carrier or freight forwarding tasks.
Under a contract of carriage, the carrier undertakes to carry the consignment to its destination and to deliver it to the consignee.
Under a freight forwarding contract, the freight forwarder concludes, in its own name and for the account of the principal, the contracts necessary for the carriage of the consignment, and makes the related legal declarations. The freight forwarder’s liability corresponds to the tasks it has undertaken and actually performed.
The services are governed by the applicable national law – where Hungarian law applies, the Hungarian Civil Code (Polgári Törvénykönyv) – as well as by the specific legislation and international conventions applicable to the given mode of transport.
The CMR Convention (Convention on the Contract for the International Carriage of Goods by Road) applies to international road haulage where its conditions of application are met. The provisions of the CMR do not automatically apply to every transport or freight forwarding order.
3. Cooperation and performance
3.1. Tasks of the principal
In accordance with the division of tasks set out in the contract, the principal:
- provides accurate and complete information about the consignment, in particular its description, quantity, weight, dimensions and handling requirements;
- gives advance notice of the characteristics of dangerous, perishable, high-value goods or goods requiring special handling;
- arranges packaging and marking appropriate to the agreed mode of transport and to the nature of the goods, where this is its task;
- hands over the documents, permits and information necessary for performance;
- ensures the conditions for handing over the goods and for the loading operations it has undertaken.
The consignor, the principal and the consignee may be different persons. Their obligations are determined by the contract and the applicable law.
3.2. Tasks of the Company
Within the scope of the service undertaken, the Company:
- acts in accordance with the accepted order and the applicable regulations;
- as carrier, takes over, carries and delivers the consignment;
- as freight forwarder, organises the carriage and related tasks undertaken in the contract;
- engages service providers holding the authorisations required for the tasks undertaken;
- informs the principal of material obstacles affecting performance and of circumstances requiring action.
The delivery deadline, the loading tasks and any special handling requirements must be set out in the individual order.
3.3. Cooperation of the consignee
When taking delivery, the consignee is expected to:
- ensure that the conditions for taking over the goods for which it is responsible are in place;
- examine the condition and quantity of the consignment as far as a reasonable inspection allows;
- record any shortage or damage found precisely on the delivery document or in a separate report;
- notify the carrier of its reservation concerning the loss or damage in accordance with the applicable rules.
3.4. Service providers and subcontractors
The tasks and reporting obligations of service providers and subcontractors, and the conditions under which they may be checked, are set out in the contracts concluded with them.
The Company exercises its rights of inspection within the framework of these contracts, in compliance with data protection, confidentiality and other applicable requirements.
4. Liability and insurance
The legal basis and extent of the Company’s liability, any limitations of it, and the conditions of exemption from liability are determined by the legislation, international conventions and contractual provisions applicable to the given service.
Factors of particular relevance in assessing liability are the Company’s contractual role, the nature of the loss or damage, and the stage of performance at which the loss or damage occurred.
Carrier’s or freight forwarder’s liability insurance is not the same as cargo insurance taken out on the consignment. The terms, exclusions, excess and limits of insurance cover are determined by the relevant insurance contract.
If the principal requires separate cargo insurance, it must indicate this before the order is accepted. The conclusion and terms of such insurance are subject to separate agreement.
5. Reporting complaints and claims
Please report complaints and claims in writing to info@gvmeurope.hu.
Where possible, the report should include:
- the reference number of the order or of the transport document;
- the details of the consignment and of the transport concerned;
- a description of the complaint or the incident;
- the time of discovery and the time of delivery;
- the available photographs, documents and reports;
- the amount of the claim for damages and the supporting evidence, if these are already available.
Reservations or reports subject to a time limit must not be delayed while missing documents are still being collected.
5.1. Transport subject to the CMR
For transport subject to the CMR Convention:
- Apparent loss or damage: a reservation giving a general indication of the loss or damage must be notified to the carrier no later than at the time of delivery. For evidential purposes, please record it in writing.
- Loss or damage that is not apparent: as a general rule, the reservation must be made in writing within seven days of delivery. Sundays and public holidays are excluded when calculating this period.
- Delay: compensation for delay is payable only if a written reservation reaches the carrier within twenty-one days from the time the goods were placed at the disposal of the consignee.
When calculating the periods, the starting day under the CMR is not included in the period.
As a general rule, failure to make a reservation concerning loss or damage has evidential consequences; it does not automatically extinguish every claim for compensation. In the case of delay, however, a written reservation within twenty-one days is a condition of compensation.
5.2. Other services and enforcement of claims
For services outside the scope of the CMR, the rules on reporting and enforcing claims are determined by the law applicable to the given contract.
The time limit for reporting damage or making a reservation is not the same as the limitation period. This information notice does not shorten the time limits for enforcing claims under the applicable law.
Sending a complaint to the Company does not automatically replace the reservation or notice of claim to be addressed to the carrier concerned. Both the contact arrangements set out in the order and the applicable regulations must be taken into account.
6. Settlement of disputes
The Company seeks to settle complaints and contractual disputes through consultation with the parties.
Consultation does not in itself extend statutory or contractual time limits. The effect of a written notice of claim on the limitation period must be assessed under the applicable law.
If consultation does not resolve the matter, the dispute may be settled in accordance with the applicable rules on jurisdiction, subject-matter competence and territorial competence. For transport subject to the CMR, the jurisdiction provisions of the CMR must also be taken into account.
7. Updating this information
The Company may review and amend this information notice in view of changes to its services and to the applicable regulations.
A new version published on the website does not in itself amend contracts concluded earlier. Amendments to contractual terms are governed by the agreement of the parties and the applicable law.
In the event of any discrepancy, the applicable mandatory provisions of legislation and international conventions take precedence.