Conditions for the carrier

CONTRACT FOR THE PROVISION OF TRANSPORTATION SERVICES

1.- PREVIOUS INFORMATION

Destineti S.L. is a Spanish commercial company, with registered office at Otamendi Anaiak Kalea, 11, Office 9, 20014 Donostia, Gipuzkoa, and CIF B19395573, which acts as an intermediary in transport operations between the Shipper and the Actual Carrier. These operations are managed through its web platform, mobile application (app), and various third-party tools, in order to ensure the best user experience. Destineti S.L. is dedicated to optimizing both the economic and logistical conditions of the parties involved, facilitating the contracting and efficient management of transport services.

2. DEFINITIONS

For the purposes of this contract, the following definitions shall apply:

Destineti S.L.: refers to the platform and company responsible for the intermediation of transport services.

Effective Carrier: refers to the person or entity that accepts and performs the transport service.

Loading Order: document that certifies the acceptance by the Effective Carrier of a transport service.

3. OBLIGATIONS OF DESTINETI S.L.

Destineti S.L. undertakes to:

Facilitate access to the platform for the realization of the provision of transport services.

Provide the necessary information for the proper execution of transport services.

Make the agreed payments to the Cash Carrier within the established deadlines.

4. OBLIGATIONS OF THE ACTUAL CARRIER

The Cash Carrier undertakes to:

Accept and perform the transportation service in accordance with the conditions set forth in the Loading Order.

Comply with all applicable transportation rules and regulations.

To guarantee the adequate provision of the service, assuming responsibility for the cargo transported.

5. TERMS OF PAYMENT

Payment for transport services offered through the Destineti S.L. platform will be made in accordance with the stipulations of the platform, once the required documentation has been correctly uploaded and accepted. Such documentation must include, among others, the CMR, POD (Proof of Delivery), delivery note, or any other waybill required by the applicable regulations, duly signed and stamped by the parties involved in the transaction.

Destineti S.L. undertakes to make payment of the agreed amount for the transport service, as well as additional amounts previously agreed, if any, within a maximum period of sixty (60) calendar days from receipt of the valid invoice and proof of delivery. This proof must certify the effective delivery of the goods without incidents or reservations on the part of the Shipper, Shipper or Consignee.

Additionally, the possibility of immediate payment is offered, subject to a 5% discount on the total amount of the invoice, with an applicable minimum of ten euros (10.00 ¤).

6. DURATION AND TERMINATION OF THE CONTRACT

The contract for the provision of Transport Services between Destineti S.L. and the Cash Carrier begins with the assignment and acceptance by the Cash Carrier of the Loading Order and ends at the time of delivery of the goods by the Cash Carrier to the Consignee. Notwithstanding the foregoing, the obligations deriving from the status of User shall remain in force until the Cash Carrier ceases to be a User or Destineti S.L. terminates its membership on the platform (at which time the Cash Carrier shall no longer have the right to access and use its account).

7. INSURANCE AND AUTHORIZATIONS

7.1.- Insurance
Destineti S.L. shall take out and maintain in full force and effect, with a company of recognized solvency, a civil liability and goods insurance, sufficient in accordance with the characteristics of the shipment/s and the vehicle/s used to cover possible liabilities arising from the provision of the Transport Service or the use of the platform, and with the minimum limit, if any, agreed between Destineti S.L. and the Actual Carrier.
Destineti S.L. shall ensure that the Carrier has contracted and maintains in full force and effect from the acceptance of the Loading Order and until the completion of the Service, the insurance that is mandatory under current legislation at all times (such as compulsory liability insurance for motor vehicles), adequate to cover claims that may arise as a result of material damage and / or personal injury caused to Destineti S.L. and / or third parties, arising from the provision of the Transport Service.
Destineti S.L. reserves the right to require the Cash Carrier, for any Service, to contract a Freight Transport Insurance with the coverages that it expressly and, at its sole discretion, deems necessary.
In any case, for the performance of an International Service and FTL National Service, the Actual Carrier must have contracted and in force, at the moment of acceptance and until the complete performance of the Service, a road freight insurance policy with a minimum coverage of 150.000€ and with territorial coverage that includes both the origin and the destination of the Service, with an insurance company of recognized prestige.
The Cash Carrier shall make available to Destineti S.L., prior to the execution of the Service or at any time thereafter upon request by Destineti S.L., the complete insurance policy and the receipt or bank receipt evidencing payment thereof. Failure to accredit the insurance policy and its payment by the Effective Carrier shall entitle Destineti S.L. to assign the Cargo Order, at any time, to another carrier.
Failure to comply with the obligation to contract and maintain insurance policies by the Effective Carrier constitutes a serious breach of the obligations of the carrier that will entitle Destineti S.L. to delete your User account, without the Effective Carrier is entitled to compensation.

7.2.- Transport authorizations, vehicles and drivers
The Carrier must be in possession of the transport authorization that enables it to carry out the transport and will not accept the service if its authorization is expired, not endorsed within its term or suspended by the administration. For the provision of national transport services, he must be in possession of a national transport authorization and for the provision of international transport services he must be in possession of the corresponding Community license.
The Effective Carrier shall provide service with its own vehicle and shall be responsible for having all the necessary documentation in force for the provision of the service and commissioning of the vehicle and its auxiliary equipment.
The Cash Carrier shall provide the service with its own personal means and in case of having workers, the Cash Carrier guarantees that these are hired by it and in compliance with all applicable legislation and regulations; particularly those related to the payment of wages, social security and compliance with the regulations regarding driving and rest times of its drivers especially. Likewise, it is the responsibility of the Carrier that its employees have the legally required training and permits for the performance of their duties:

Driving license authorized for the type of vehicle.

CAP aptitude certificate

Tachograph card

Any other certification required for the performance of the service

7.3.- Obligations regarding the provision of the service
The Effective Carrier guarantees to have sufficient capacity and resources to satisfy the requirements demanded for the provision of the accepted Service, whether it is performed personally or by an employee, and therefore it is his responsibility and commitment also to the following:

Do not subcontract the service to third parties in any case and under any circumstances without the express permission of Destineti S.L. Only Destineti S.L., and in case of force majeure, may authorize additional subcontracting. Failure to comply with this point, due to its seriousness, would entitle Destineti S.L. to unilaterally terminate the business relationship without any right to compensation and to claim from the Actual Carrier any compensation for damages that the Shipper or Destineti S.L. may suffer as a result of such breach.

Not to carry out a transport that, due to its conditions, endangers road safety or that, due to the characteristics of the vehicle, is not suitable for the type of goods.

Supervise the stowage process by checking the apparent condition of the goods and their packaging, as well as making sure that the goods are properly secured and do not compromise safety during the journey.

To note in the transport documentation any defect or reservation on the goods that he considers in his opinion that compromises safety or that its nature does not coincide with those declared by the Shipper or Consignor. The Actual Carrier shall assume responsibility for the lack or inaccuracy of such reservations if they should have been declared. The Effective Carrier may reject poorly packaged or improperly identified packages that do not meet the necessary conditions to be transported.

Not to transport illicit products, dangerous goods or goods directly prohibited for transport.

To guarantee delivery in the same conditions in which it was loaded at origin, except in the case of loss due to its nature.

The Effective Carrier shall be solely responsible for the provision of the service and shall also be liable for any damage caused to the goods, as well as for any claims for non-compliance and/or defects in the delivery.

8. LIABILITY

The liability of Destineti S.L. towards the Carrier shall be limited to the sole obligation to facilitate the use of the platform and, therefore, to take the necessary steps to facilitate the performance of the Service. In no event shall Destineti S.L. be liable for any damages that may arise from the Transport Service or any failure to perform the transport services on the part of the Actual Carrier, as well as for any claims that may arise as a result of the Service. The Actual Carrier shall be solely liable to third parties for any damages caused by the performance of the Service.

9. PROTECTION OF PERSONAL DATA

Both parties guarantee compliance with current legislation on the protection of personal data, being responsible for the processing of data in accordance with the applicable regulations.

10. APPLICABLE LAW AND JURISDICTION

The present contract will be governed by the clauses contained in this document and, in what is not foreseen, by the common Spanish legislation in force.

By accepting these general conditions of contract, the Carrier acknowledges and agrees that any dispute, claim or conflict related to the services provided by Destineti S.L. will be resolved exclusively by the competent courts at the registered office of the company, located in Guipúzcoa, and under Spanish law.

Likewise, the Carrier expressly waives any other jurisdiction that may correspond to it by law, accepting that Destineti S.L. will always have legal priority in case of disputes.

11. MODIFICATIONS TO THE CONTRACT

This contract may be modified at any time unilaterally by Destineti S.L., the modification being binding on the Carrier effective upon notification of such modification.

12. PARTIAL NULLITY

Should any of the clauses of this contract be declared null and void or unenforceable, the remaining clauses shall remain in force.

13. ACCEPTANCE OF THE CONTRACT

Acceptance of this contract will be made by accepting the terms and conditions set out in the Destineti platform.