Article 1.
Basic provisions

1. These transport regulations regulate the rights and obligations of the contracting parties and the conditions under which the carrier transports goods and shipments. The transport is carried out on the basis of a contract for the transport of goods (goods) pursuant to Section 765 of the Civil Code, Section 610 of the Commercial Code, or another contract or written order.

2. The carrier, DOPRAVA BEZ HRANÍC sro, Ždiarska 710/26, 949 01, Nitra, Company ID: 55 252 451, has fulfilled a special condition for conducting road transport business with a certificate of professional competence issued by the District Office in Bratislava, CDPK department, No. BAOO009509010000 for carrying out road freight transport dated 28.02.2023

3. The carrier's obligation to transport is the obligation to perform the transport if the conditions under these transport regulations are met and the transport conditions allow it, in particular the technical condition, tonnage or load capacity of the vehicle, the driver's qualifications and are not prevented by causes that cannot be avoided.

Article 2.
Scope of freight transport

1. The carrier, DOPRAVA BEZ HRANÍC sro, Ždiarska 710/26, 949 01 Nitra, Company ID: 55 252 451, (hereinafter referred to as the carrier), performs domestic road freight transport and international road freight transport on the basis of Section 19, and in accordance with Section 21, of Act No. 168/1996 Coll. on Road Transport, as amended.

2. Transports full truckload shipments, piece shipments, palletized shipments. For this purpose, the carrier is the owner of 2 and operator of 3 trucks up to 3.5 tons. It carries out transportation based on written orders and transport contracts in accordance with the Commercial Code, the Civil Code and Decree No. 11/1995 Coll.

3. In national and international road freight transport, the carrier operates vehicles that are designed, manufactured and approved for the transport of goods in accordance with international treaties valid for the Slovak Republic.

Article 3.
General obligations of the carrier

1. General obligations of the carrier:

a) to carry out road freight transport in accordance with these transport regulations,

b) exclusively vehicles marked with the business name are used for business purposes

c) in each vehicle used for business there is a document certifying the authorization to conduct business,

d) all vehicles used for business have a designated parking space in the leased premises according to the lease agreement.

e) the carrier's parking spaces are equipped with the necessary equipment to care for the technical base and vehicle crews and to ensure daily vehicle maintenance.

f) vehicle crews regularly undergo medical examinations, recommended training in valid road transport regulations, CMR, AETR, and road traffic regulations,

g) all vehicles are insured against liability for damage caused by the operation of vehicles and the activities of vehicle crews in accordance with Sections 427 and 769 of the Civil Code.

Article 4.
Formation of a contract for the carriage of goods

1. Road freight transport is the transport of goods and shipments, which the carrier performs on the basis of a contract for the transport of goods (goods) pursuant to Section 765 of the Civil Code, Section 610 of the Commercial Code, or another contract, or a written order.
A contract or order for the transport of cargo gives the sender (customer) the right to have the carrier transport the consignment of goods to the designated location and deliver it to the designated recipient properly and on time, and the sender undertakes to pay the agreed freight to the carrier.

2. The sender (customer) is obliged to give the carrier a transport order, which he confirms in accordance with Sections 43 to 45 of the Civil Code on the acceptance of a proposal to conclude a contract. The carrier is obliged to confirm the receipt of the shipment in writing at the request of the sender (customer). Until the shipment is released to the recipient, the sender (customer) has the right to give the carrier new orders.

3. The carrier is obliged to carry out the transport with professional care and within the agreed period (if agreed in writing).

4. If special documents are required for the carriage, the sender (customer) is obliged to hand them over to the carrier no later than when the consignment is handed over for carriage. The sender (customer) is liable for damage caused to the carrier by failure to hand over these documents or by their invalidity. The sender (customer) is obliged to provide the carrier with correct information about the contents of the consignment, its nature, and is liable for damage caused to the carrier by breach of this obligation.

5. A change in the conditions of carriage must be supported by a written form, confirmed by the consignor (customer) and the carrier.

6. Anyone who wants to transport a shipment is obliged to order the transport from the carrier. The transport order can be made in writing, orally, or by telephone. An oral or telephone order must be confirmed in writing at the request of the carrier. If the order is not made in writing or if it is not confirmed in writing, the carrier's records shall apply, unless the customer proves otherwise.

7. The transport order must contain all data necessary for the execution and billing of the transport.

8. The carrier may also use other natural or legal persons authorized to engage in road transport to perform the transport, but in doing so, he is responsible towards the person ordering the transport for the transport order as if he had performed it himself.

9. The carrier is entitled to the agreed remuneration for the performance of the transport. The right to freight arises after the transport to the destination has been carried out, unless a different term and method of remuneration have been contractually agreed. If the carrier cannot complete the transport due to circumstances for which he is not responsible, he is entitled to a proportional part of the freight, taking into account the transport already carried out. By accepting the shipment, the recipient assumes liability for the payment of the carrier's claims from the contract relating to the transport of the accepted shipment (Section 627 of the Commercial Code). The carrier has a lien on the shipment to secure its claims arising from the contract. This lien on the carrier takes precedence over other rights, e.g. of the forwarder.

Article 5.
Liability for damage

1. The carrier is liable under Section 622 of the Commercial Code for damage incurred to the transported consignment between the time the goods are taken over for transport and the time they are delivered to the recipient, unless the carrier could not have prevented it by exercising professional care. If the damage was caused by the sender, recipient, a defect in the consignment, its packaging or wrapping, the special nature of the consignment or a circumstance that the carrier could not have prevented, the carrier is not liable for damage incurred to the consignment (Section 769 of the Civil Code).

2. The carrier is not liable for damage to the shipment unless it proves that it was caused (Section 622 of the Commercial Code, Section 769 of the Civil Code):

  • a circumstance that the carrier could not prevent

  • the sender, recipient, or owner of the shipment

  • defective shipment

  • defective packaging, which the carrier notified the sender of when accepting the shipment for transport, and if a waybill or order was issued with a record of packaging damage. If the carrier did not notify the defective packaging, the carrier is not liable for damage to the shipment resulting from this defect only if the defect was not or could not have been noticeable when accepting the shipment.

  • defect or natural nature of the contents of the shipment, including normal loss, special nature of the transported shipment, such damage is considered to be damage caused by the natural nature of the shipment, in particular explosiveness, spontaneous combustion, flammability, fragility, evaporation, drying out, rusting, freezing, rotting, steaming and, in the case of live animals, injury, death or starvation.

3. In the event of loss or destruction of a shipment, the carrier is obliged to pay the price that the lost or destroyed shipment had at the time it was accepted for transport. In the event of damage or depreciation of a shipment, the carrier is obliged to compensate the difference between the price that the shipment had at the time of acceptance and the price that the damaged or depreciated shipment would have had at that time (Section 770(1) of the Civil Code, Section 624 of the Commercial Code).

4. The carrier is liable for other damage from freight transport, such as damage to the transported shipment, only if it was caused by exceeding the delivery deadline.

5. The carrier is obliged to promptly submit to the sender (customer) a report on damage to the shipment that occurred before its delivery to the recipient. However, if the recipient has acquired the right to release the shipment, he is obliged to submit this report to the recipient. The carrier is liable for damage caused to the sender (customer) or recipient by breach of this obligation.
(Section 623 of the Commercial Code).

6. The recipient is obliged to make a note in the consignment note of any damage to the consignment discovered upon delivery to the recipient. Without this note, the carrier is not obliged to bear liability for damage to the consignment.

7. The sender (customer) must apply the right to compensation for damages in writing to the carrier within six months of the delivery of the shipment to the recipient, or if the shipment was not delivered within six months of the receipt of the shipment for transport, otherwise the right shall lapse (Section 771 of the Civil Code).

8. The carrier is obliged to handle the complaint and notify the complainant in writing of the recognition or rejection of his/her requests within 30 days of receipt of the complaint.

Article 6.
Documents in road freight transport

1. The following documents are required for the transport of goods by road freight:

  • order or contract

  • accompanying documents for the shipment according to the applicable legal standards governing the transport of individual types of goods

  • consignment note (its various forms depending on the type of goods)

  • delivery and acceptance certificate

Order or contract is a document that grants the right to demand from the carrier the transportation and delivery of a shipment in accordance with the content of the order or contract. The carrier is obliged to deliver the shipment to the person authorized under the order or contract if this person presents the order or other credible document and confirms the transportation and delivery of the shipment on the consignment note. The customer of freight transport is obliged to state at least:

  1. the full text of your business name

  2. name, registered office and residence of the sender and recipient

  3. full text of the carrier's business name

  4. marking and description of the transported item (cargo)

  5. information on who the order was placed with, the person authorized to receive the shipment

  6. destination

  7. Place and date of receipt and delivery of the shipment

  8. list of accompanying documentation for the shipment

Waybill filled in by the carrier, stating at least the following information:

  • name of sender and recipient

  • the usual name of the contents of the shipment and the packaging

  • number of pieces

  • total weight of the shipment

  • loading point and unloading point

  • date and confirmation of receipt of the shipment by the carrier and recipient

If a shipment is loaded or unloaded at multiple locations, the sender is required to submit a separate shipping document for each shipment.

Article 7.
Items excluded from transportation

1. The following items are excluded from transportation:

  • transportation that is prohibited by general legal regulations

  • dangerous goods to the extent stipulated by special regulations

  • objects that, due to their dimensions, weight or design, with regard to the load-bearing capacity, dimensions and condition of the roads to be used for transport, are not suitable for transport by road vehicle.

Article 8.
Loading shipments

Consignments are transported as full truckloads or piece loads or as additional loads. A full truckload is a load transported to one consignor in one vehicle run, regardless of its weight, loading area and volume. An additional load is a shipment transported together with other shipments or in a vehicle run that would otherwise have to be carried out without cargo.

1. The weight of the shipment is understood as the weight including packaging and pallet. The sender (orderer) is obliged to determine and write the weight of the shipment in the shipping document (on order) no later than when submitting the shipment for transport.

2. The carrier is responsible for complying with the maximum permissible weight loaded on the vehicle.

3. The loading of the consignment is ensured by the sender (customer), the unloading of the consignment is ensured by the recipient, unless the carrier and the customer have agreed otherwise. If loading and unloading of the consignment is agreed, the actions associated with the movement of the consignment may be performed at a distance of no more than 5 m from the vehicle, including its loading onto the vehicle. Unloading by the carrier includes the actions associated with the removal of the consignment from the vehicle and its storage at a distance of no more than 5 m from the vehicle.

4. Moving a shipment to or from a greater distance from the vehicle, especially taking it upstairs, storing it in a warehouse, etc., must be separately agreed with the carrier.

5. If the shipment is loaded by the sender (customer), he is obliged to load it according to the instructions of the carrier's representative. The carrier is responsible for ensuring that the shipment is placed on the vehicle in a way that does not endanger the safety and smooth flow of road traffic.

6. If the consignor (customer) disregards the carrier's instructions and therefore a loading defect occurs, in particular overloading of the vehicle, endangering the safety of transport, the carrier is entitled to request the loading of the cargo, or part of it, or. adjustment of the cargo on the vehicle. If he is not satisfied, he may refuse to carry out the transport, or arrange for the proper loading and storage of the cargo at the expense and risk of the consignor (customer).

7. If the loading is provided by the sender and he does not follow the carrier's instructions and during transport it is discovered that the vehicle has been overloaded, the customer is obliged to pay the carrier's associated costs.

8. If loading or unloading is provided by the consignor (customer), he is obliged to ensure that the vehicle and other equipment of the carrier are not damaged. It is not permitted to lower loads from a greater height into the vehicle and to damage the side walls during loading with mechanized equipment.

9. If the loaded vehicle becomes contaminated during loading (unloading) or the transported cargo, the consignor (customer) is obliged to ensure its cleaning at his own expense after unloading the shipment. If the consignor (customer) fails to fulfill this obligation, the carrier will ensure the cleaning of the vehicle at his expense. If the vehicle needs to be disinfected, the carrier will ensure this. The costs of disinfection will be paid by the consignor (customer) for whose cargo disinfection is prescribed.

10. At permanent workplaces with a large range of loading operations, consignors (orderers) are obliged to set up loading and unloading ramps, belt conveyors, cranes, forklifts, etc.

11. If a special permit is required to perform a certain transport, the consignor (customer) shall ensure that such permit is obtained. The cargo placed on a pallet must form a single handling unit with the pallet.

Article 9.
Obligations of the sender

1. The sender (customer) is obliged to properly package a shipment that, by its nature, requires protection from loss or damage by packaging during transport. This obligation of the sender (customer) also applies if there is a risk that the properties of the shipment, without packaging, could cause damage to persons and other shipments and to the means of transport or other equipment of the carrier during transport. The carrier does not examine what packaging the shipment requires by its nature, or whether the packaging used is sufficient. The sender (customer) is liable for damage caused by defective or insufficient packaging during transport.

2. The sender (customer) is obliged to mark the shipment or its individual pieces to prevent its confusion. If the nature of the shipment requires that it be handled in a certain way during loading, transport and unloading, or that the shipment be stored in a certain position, the sender (customer) is obliged to mark each piece of the shipment with a handling mark for marking transport packaging in accordance with applicable regulations.

3. If the carrier, upon receipt of the shipment, discovers that the shipment does not comply with the previous conditions, it will refuse the shipment. If the sender (customer) confirms the detected defect in the consignment note, the carrier may accept the shipment, but the sender (customer) is liable for any damage caused by the detected fact.

4. The sender (customer) is responsible for the correctness of the inscriptions, marks and labels on individual pieces of the shipment, for the correctness of the prescribed certificates and for the attachment of the necessary accompanying documents. If a shipment excluded from transportation or the transportation of which is permitted under special conditions is submitted for transportation without this nature of the shipment being notified to the carrier, or if such a shipment is accepted for transportation based on incorrect or incomplete data, the sender (customer) is fully responsible for any damage incurred by the carrier.

5. If special documents are required for the performance of the transport, the sender (customer) is obliged to hand them over to the carrier no later than when handing over the consignment for transport. The sender (customer) is liable for damage caused to the carrier by failure to hand over these documents or by their invalidity. The sender (customer) is obliged to provide the carrier with correct information about the contents of the consignment, its nature, and is liable for damage caused to the carrier by breach of this obligation.

6. The carrier is entitled to examine at any time whether the shipment corresponds to the entries in the transport document.

 Article 10.
Obligations of the carrier under the contract for the carriage of goods

1. The carrier is obliged to deliver a vehicle of the type and equipment agreed upon when arranging the transport within the agreed time period. The vehicle must be in a condition suitable for the transport.

2. The carrier is obliged to carry out the transport on the basis of a contract for the transport of goods, an order or other similar contract, if the conditions under these transport regulations are met and the transport conditions, in particular the technical condition, tonnage or load capacity of the vehicle, the driver's qualifications, allow this and are not prevented by causes that cannot be avoided.

Article 11.
Transportation route

1. Unless otherwise agreed with the consignor (customer) on the transport route, the carrier is obliged to carry out the transport by the shortest route, the use of which is economical with regard to the nature of the cargo and the type of vehicle used. The length of the transport route shall be determined according to the odometer.

2. If it is not possible to determine the length of the road according to the odometer, it shall be determined according to the data of the tachograph or tachometer, which meets the conditions set out in the relevant legal standards (Section 54 of Decree No. 11/97 Coll. on the conditions of operation of vehicles on land roads).

Article 12.
Vehicle delay

1. For any delay in the vehicle that was agreed in advance or that occurred during the performance of the transport contract due to reasons on the part of the sender (customer), the customer is obliged to pay the carrier for this delay.

Article 13.
Receiving the shipment

1. The carrier shall deliver the shipment to the recipient designated by the sender (customer). The carrier shall deliver the shipment together with a copy of the relevant transport documents. The recipient shall confirm receipt of the shipment on the relevant transport documents with his signature and stamp.

Article 14.
Handing over the shipment

1. The carrier shall deliver the consignment to the recipient designated by the sender. The carrier shall deliver the consignment together with a copy of the consignment note. The recipient shall confirm receipt of the consignment by signing the consignment note.

Article 15.
Withdrawal from the contract

1. If, after the conclusion of the transport contract, the need for transport ceases, the consignor (customer) is obliged to notify the carrier of this fact without delay. If the transport has been cancelled after the vehicle has left for the agreed loading location, or if the vehicle has already arrived at such a location, if the consignment was not submitted for transport due to reasons on the part of the consignor, the carrier is obliged to charge the consignor (customer) for the costs incurred for the journey or waiting.

2. If the carrier cannot perform the agreed transport or if he cannot perform it under the agreed conditions, he is obliged to notify the consignor (customer) without delay. If the consignor (customer) is not satisfied with the newly proposed conditions of the carrier, he is entitled to withdraw from the transport contract. The consignor (customer) may also withdraw from the contract if the vehicle has not arrived at the specified time for loading the goods.

Article 16.
Transportation fee

1. If the provisions of the transport regulations and the conditions set out in the transport contract are met, the carrier is entitled to financial compensation for the performance of the transport and for other actions taken to fulfil the contract.

2. In addition to the freight, the carrier calculates the cash expenses necessary for the performance of the transport, or expenses incurred on the order or in the interest of the sender (customer). The calculation of the freight and other compensations must comply with the agreed conditions. The invoice shall be accompanied by copies of all transport documents (delivery and delivery note, consignment note, other documents used for the transport of goods), vehicle operation records (if billing for actual kilometers traveled and time worked by the vehicle crew is used, and the contract or order has not stipulated otherwise) and other expense documents.

Article 17.
International road freight transport

1. International road freight transport is carried out in accordance with Act No. 168/1996 Coll. on Road Transport, on the basis of the European Agreement concerning the Work of Crews of Vehicles in International Road Transport (AETR), the Convention on the Contract for the International Carriage of Goods by Road (CMR) and the Resolution of the European Conference of Ministers of Transport CEMT/ECMT.

Article 18.
Final provisions

1. These transport regulations were approved by the company's managing director, Ing. Michal Hála, and come into force on 01.04.2025 and are binding for all participants in the transport process within the carrier DOPRAVA BEZ HRANÍC sro, Ždiarska 710/26, 949 01 Nitra, Company ID: 55 252 451.

2. All amendments and supplements to the Transport Regulations may enter into force no earlier than the date of their publication and availability.

3. If the transport schedule is substantially changed or substantially supplemented, the carrier is obliged to ensure its publication and availability in full.

4. The valid legal provisions of the Civil Code, the Commercial Code and Act of the National Council of the Slovak Republic No. 168/1996 Coll. are not affected by these transport regulations.

 

Prepared by: Ing. Michal Hála

Approved by: Ing. Michal Hála (manager)

 

In Nitra, on 01.04.2025