Regulations

Regulations of providing services by AIRTRANS H. Watoła Spółka Jawna
of March 6, 2018

General provisions
§ 1

  • The Regulations define the terms and conditions of international forwarding services performed by AirTrans H.Watoła Sp. Jawna with its registered office in ul. Wolności 90, 42-625 Pyrzowice, as well as agents and entities used for rendering these services, hereinafter referred to as AirTrans or Contractors, for its Customers hereinafter referred to as the Consignors and Consignees of shipments.
  • AirTrans provides international and domestic freight forwarding services as well as logistics solutions, transportation services, customs brokerage and other services related to freight forwarding.
  • Postal and courier services provided by AirTrans include acceptance, transportation and delivery of shipments and non-addressed printed forms. They are not universal and are provided for commercial purposes on the basis of an entry in the register of postal operators, in accordance with the provisions of the Act of June 12, 2003 - Postal Law (Journal of Laws of 2008, No. 189, item 1159).
  • The Bill of lading signed by the Customer is a proof that the contents of these Regulations and the Price List have been read and accepted. From that moment on all the provisions of these Regulations and the Price List become binding on both parties, unless the provisions of a separate contract concluded between the parties provide otherwise. At the same time, the Customer agrees that AirTrans may commission a third party to perform the entire or a part of the of carriage.

§ 2

  • AirTrans renders global services.
  • AirTrans provides services to natural and legal persons or organizational units not being legal persons.

Freight forwarding, postal and courier services
§ 3

  • As part of its freight forwarding business AirTrans may accept the following goods for carriage, subject to compliance with applicable laws, regulations, permits and licenses:
    • dangerous goods within the meaning of separate regulations, in particular flammable, explosive, radioactive, corrosive, odorous substances as well as weapons and ammunition,
    • live plants and animals,
    • human remains in coffins and ashes in urns,
    • works of art, antiques, precious stones and metals in any form, currency, transferable securities, certificates and any other transferable assets.
  • The scope of forwarding services offered by AirTrans to the Customer is determined individually for each shipment in a transportation or forwarding order, or other valid document and may include the following activities:
    • advice on the conditions of carriage, choice of route and means of transportation, customs formalities, etc.;
    • shipment collection;
    • shipment delivery to the place of loading on the main means of transport;
    • preparing the shipment for carriage (packing, weighing, measuring, marking and labeling);
    • preparation of shipping documents;
    • concluding a contract of carriage with a carrier;
    • transport insurance of the consignment;
    • storage and warehousing of shipments,;
    • customs clearance;
    • settlement of accounts with the carrier for the performed service;
    • proceedings to get reimbursement of unduly collected transportation charges and other amounts.
  • AirTrans provides the forwarding services specified above on its own behalf but at the Customer's expense. In particular, AirTrans may conclude agreements with carriers, as well as entrust other actions commissioned by the Customer to third parties.
  • AirTrans may provide other forwarding and postal services not expressly mentioned in these Regulations on the basis of a separate contract with the Customer.

§ 4

  • AirTrans has the statutory right of pledge on a shipment in order to secure remuneration and other costs and fees incurred in connection with transportation or forwarding services.
  • The provision of sect. 1 above does not apply to shipments of authorities and state administration bodies as well as justice and law enforcement agencies.

§ 5

  • Upon a telephone or email notification by the Customer, the shipment is either collected from the indicated address or may be dropped off at the Customer Service Centre during its working hours.
  • The consignment is received from the Consignor against a bill of lading/waybill issued by AirTrans or its subcontractor, the Consignor receiving the first original copy of the document. On the copy intended for AirTrans, the confirmation of delivery is made by entering the first name, surname and signature of the Consignee as well as the delivery date, whereas the second is the Consignee's copy.
  • The Customer states in the consignment note, waybill, bill of lading or other equivalent document the fact of dispatching the shipment with accompanying documents.
  • The Customer shall write, in a legible manner, directly on the shipment or its packaging, the following details corresponding to the entries in the consignment note, waybill. bill of lading or other equivalent document:
    • name and surname or full company name of the Consignor and the Consignee;
    • address of the Consignor and the Consignee, including the locality, postal code, street name, house and apartment number. It is also advisable to provide a contact telephone number.
  • Only one person or a group of persons living in the same premises may be the Consignee of the shipment.
  • The shipment availed by the Customer for forwarding shall be undamaged, in a good order and condition allowing for its further transport. The weight of the shipment includes its packaging (gross weight). The packaging should be durable and not cause damage to other shipments. In case of improper packaging, AirTrans shall be entitled to repack the shipment at the expense of the Customer.
  • The Customer guarantees that the content of each shipment has been properly and carefully packed, marked, declared, and that correct invoices have been attached to the international shipments.
  • The Consignor shall provide the actual value and due description of goods in the consignment note/bill of lading.
  • The Consignor undertakes to provide all documents required by relevant customs, administrative and tax regulations in order to forward and custom clear international shipments.
  • The Consignor declares that the shipped goods are not of a strategic character within the meaning of the Act of November 29, 2000 on foreign trade in goods, technologies and services of strategic importance to the security of the State and to maintaining international peace and security (Journal of Laws No. 119 of December 28, 2000, item 1250, as amended) and are not included in the lists referred to in Article 6 paragraphs 4 and 5 of the aforementioned Act.

§ 6

  • In case the consignment does not contain sufficient data to identify the Consignee or an incorrect address is entered, it will be returned to the Consignor at his/her expense with a note stating the reason of shipment non-delivery and return.
  • Shipment which cannot be returned to the Consignor or delivered to the Consignee due to incomplete or wrong address, shall be considered as undeliverable. In such case AirTrans shall take steps to dispose of the consignment in accordance with Art. 58 of the Act of November 15, 1984 - Transport Law (Journal of Laws of 1984, No. 53, item 272, as amended). The procedures indicated in Article 27 of the Postal Law Act of June 12, 2003 (consolidated text Journal of Laws of 2008, No. 189, item 1159) shall apply to postal consignments.
  • Should the Consignee refuse delivery of the shipment, it will be returned to the Consignor at his/her expense.
  • Consignor's refusal to pay for the service rendered by AirTrans shall also be considered as failed delivery of a shipment.
  • In the event of the Consignee's absence, a representative of AirTrans (or a subcontractor) shall leave a message indicating the date and place from where the shipment may be picked up or providing information how to order another delivery to the Consignee's place. The cost of the second or subsequent delivery attempts is specified in the applicable tariff.

§ 7

  • For an additional fee the Consignor may purchase the service of return receipt confirmation. Thus AirTrans will send the Consignor a return receipt with delivery confirmation, delivery date and signature of the Consignee.
  • A shipment is considered to have been duly delivered when handed over to the Consignee, a person authorized to receive it, as well as to a statutory representative or proxy of the Consignee and the shipment delivery receipt is duly signed.
  • Upon delivery of a consignment the Consignee or an authorized person may be requested to present a valid identity document.

§ 8

  • AirTrans may refuse to sign a service agreement or may withdraw from it if:
    • the content or packaging of the consignment creates a risk of personal injury or damage to the property of third parties or damage to other consignments; proper packaging of the consignment is always the responsibility of the Consignor whereas acceptance of the consignment by AirTrans does not mean that AirTrans considers the packaging of the consignment to be appropriate;
    • there are inscriptions, images, drawings or other graphic signs on the packaging or in a visible part of the consignment violating the law or legally protected goods;
    • acceptance or transportation of a consignment is prohibited under separate regulations;
    • the customer with whom the relevant contract has been concluded is in arrears with payments for services provided by AirTrans;
    • due to consignment properties the service cannot be rendered with the use of technical means and equipment available to by AirTrans or its subcontractors;
    • the consignment does not meet the conditions required by AirTrans to conclude the contract;
    • the consignment contains items in bad order and condition;
    • the consignment is inappropriately packaged, may open up by itself, the content may be lost or damaged or may cause damage to other consignments during transportation.
  • AirTrans may withdraw from rendering the service after the contract is concluded if the consignment does not meet the conditions specified in the contract or the documents required for its carriage have not been provided.
  • In addition, AirTrans has the right to refuse to provide the service due to force majeure or natural disaster.

§ 9

  • An international shipment shall be handed over for delivery to the Consignee once it is received by AirTrans and custom cleared.
  • AirTrans prepares shipments for delivery within the expected time limit of 21 working days unless the parties to the contract, forwarding order or any other written document, decide otherwise.
  • As a rule the consignment is delivered to the Consignee in person. If the Consignee is a legal person or an organizational unit without legal personality, the shipment shall be left against a receipt at a front/reception desk.

§ 10

  • Payment for shipments according to agreed prices is made on the basis of a VAT invoice. The dates and forms of payment shall be agreed each time with the Customer.
  • All customs duties, taxes, penalties, storage charges and other costs incurred by AirTrans as a result of customs procedures or due to other public authorities or incurred due to inaccurate and incomplete documentation, shall be borne by the Customer.

Insurance
§ 11

  • AirTrans offers insurance of shipments in accordance with the terms and conditions of the HDI GERLING Policy.
  • The subject of this insurance shall be the property/goods owned by the Insured or the Insured's clients, insured for their benefit under an insurance policy and intended to be transported in Poland or abroad.
  • The upper limit of HDI GERLING's liability for any damage is EUR 50,000 per single Insured.
  • The conditional franchise is PLN 1,000 for each damage.
  • The following goods are excluded from the insurance cover:
    • live plants and animals;
    • resettlement property;
    • gold, silver, precious metals and articles made therefrom, precious stones, jewelry;
    • money, securities, ID cards
    • prepaid cards;
    • ADR dangerous goods Class I and VII;
    • weapons and ammunition.

Liability and claims
§ 12

  • In case of loss, damage of the shipment, pilferage or delay in delivery of a time-definite shipment, a representative of AirTrans is obliged to draw up a report in the presence of the Consignee or his/her representative. The report should be drawn up in three copies and shall contain the following entries: place, date and time of preparation, list of participants in the record, description of the condition and damage to the shipment, circumstances of damage, reason for delay in delivery and signatures of participants.
  • A Contractor's representative retains a copy of the report and provides the Consignee and AirTrans with other copies. The report referred to in sect 1, is the basis for considering the Consignee's claim and possible payment of compensation under these Regulations.
  • The Consignee has the right to request a commission delivery of the shipment in the presence of a Contractor's representative, with the damage report being prepared according to the principles and procedures specified in sect. 1 and 2. All claims against AirTrans shall expire if the shipment is received by the Consignee without reservation. However, this does not apply to concealed damage claims, providing the Consignee reported the damage within 7 days of the delivery, required the condition of the shipment to be examined and proved that the damage occurred between the time of consignment acceptance for carriage and its delivery.

§ 13

  • AirTrans shall be liable, to the extent specified herein, for loss, pilferage, damage or delay in delivery of a time-definite shipment which occurred in the period from its collection from the Consignor until its delivery to the Consignee.
  • AirTrans liability as referred to in sect. 1 shall be excluded if the loss, pilferage, damage of the shipment or delay in its delivery arose for reasons attributable to the Consignor or Consignee, failure to comply with the provisions of these Regulations or due to force majeure.
  • AirTrans liability as referred to in sect. 1 shall be excluded if the damage resulted from reasons attributable to the Consignor or Consignee and not caused by AirTrans or due to force majeure, and in particular when:
    • the shipment has been incorrectly addressed;
    • the Consignee has changed his/her residence address or registered office without informing concerned parties about the new address;
    • the content or weight of the consignment does not correspond to the details entered in the consignment note, waybill, bill of lading or other document;
    • the goods are vulnerable to damage due their defects or natural properties;
    • the goods are improperly, insufficiently or wrongly packed thus being exposed to damage;
    • loading, stowage or unloading of goods was made by the Consignor or Consignee;
    • goods subject to a supervised carriage under specific regulations or a contract, were damaged for reasons which should have been prevented;
    • goods are shipped under false, inaccurate or insufficient names; the shipped goods are excluded from carriage or accepted for carriage on special conditions or Consignor fails to comply with these conditions.
  • AirTrans shall not be liable towards the Consignor, Consignee or third parties for indirect damages and loss of profits resulting from non-performance or improper performance of the service. The above provision does not apply to services provided on behalf of consumers.
  • Compensation for loss, pilferage or damage shall not exceed the amounts specified in the waybill by the Consignor, a foreign party accepting the shipments for carriage or the amount declared in the waybill by the Consignor.
  • Compensation for delay in delivery of a time-definite shipment shall not be higher than the amount of transportation charges.
  • In case of cash on delivery shipments (COD), the Contractor's liability for the transportation of the consignment until its delivery to the Consignee is subject to these Regulations, whereas the Contractor's liability for the money collected from the Consignee begins upon confirmation of its receipt and is limited up to the amount collected. The above provision does not apply to services provided on behalf of consumers.
  • AirTrans undertakes to make every effort to ensure that the import / export customs formalities to which the shipments are subject, take place in the shortest possible time. However, AirTrans is not responsible for delays, losses or damages caused by customs procedures or actions of other authorities.

Forwarding, logistic and transportation claims
§ 14

  • All claims for non-performance or improper performance of services shall be addressed to AirTrans.
  • The parties entitled to file a claim (hereinafter referred to as the Claimants), are:
    • Customer or Consignor;
    • Consignee only in case the Customer or Consignor provides a written waiver.
  • The claims should be lodged in writing in 7 days following the date of shipment delivery. The Claimant shall deliver all the documents required for claim handing in 14 days .
  • The claims filed after the deadline or containing inaccurate or incomplete data (ineligible under the Regulations), claims lodged after the deadline or submitted by unauthorized persons, shall not be considered.
  • The letter of claim shall include the following information:
    • AirTrans full name and address;
    • full name of Claimant and the residence address or address of the registered office;
    • proven legal or factual title to file the claim;
    • confirmation of shipment dispatch (original bill of lading);
    • original of damage report or statement as referred to in §12;
    • claim supporting documents, an invoice covering the forwarded goods in particular;
    • amount of compensation in case of financial claims;
    • bank, account number or address where the compensation amount shall be transferred;
    • Claimant's signature.
  • The deadline for considering a claim shall not exceed 30 days from the date of filing supporting claim documents. Any procedural irregularities occurring during the claim handling period shall be notified by AirTrans to the Claimant in writing, with a request to supplement the required documents. All the documents should be completed within a time limit allowing for a 30-day claim handling period.
  • Having examined the claim, AirTrans shall notify the Claimant in writing of the acceptance, partial acceptance or rejection of the claim. In each of these cases, the notice shall include:
    • claim decision;
    • grounds for claim settlement;
    • amount of possible compensation, the date and manner of payment.
  • Instead of original documents copies may be filed, either notarized or certified as true copies by a legal adviser or attorney. If the documents are certified by a legal adviser or attorney, the Claimant shall submit the original power of attorney granted to this legal adviser or attorney.
  • The right to claim shall be suspended until the Customer pays all the due amounts, fees, expenses and other charges. The above provision does not apply to services provided on behalf of consumers.

§ 15

  • A consignment that has not been delivered to the destination indicated on the waybill in 30 days from the scheduled time of delivery, shall be considered lost.

§ 16

  • The Regulations including the provisions below shall also apply to postal services.
  • In case of a justified suspicion that a consignment may be illegal or its content constitutes a threat to people or the environment, AirTrans shall immediately notify relevant services and stop and secure the consignment until it is duly inspected.
  • In order to avoid infringement of the exclusive right to provide services reserved for the public operator under the Postal Law, AirTrans refuses to accept shipments whose acceptance under certain conditions would be considered as infringement of the above mentioned right.
  • In case of refusal to accept a consignment or withdrawal from forwarding and carriage for reasons specified in the Regulations, AirTrans returns the consignment on the terms specified in § 6 herein.
  • AirTrans has the right of pledge on the consignment in order to secure claims resulting from the contract for provision of postal services as well as to secure customs fees or justified additional service charges arose for reasons attributable to the Shipper.

Postal service claims
§ 17

  • Postal service claims may be lodged in case of non-performance or improper performance of the postal service by AirTrans.
  • Postal service shall be considered improperly performed in case of damage or loss of the consignment or shortage of its content by fault of AirTrans, stated by the Receiver and reported in accordance with the procedure defined in § 12 herein.
  • Postal service shall be deemed as not performed if the shipment has been lost by fault of AirTrans.
  • An undelivered shipment shall be deemed lost if its delivery or notification of delivery attempt, pursuant to § 6 sect.5 herein, was not made within 30 days from the date of dispatch.
  • The parties entitled to file a claim (hereinafter referred to as the Claimants), are:
    • Customer or Sender,
    • Receiver only in case the Sender provides a written waiver
  • Postal service claim may be filed:
    • directly upon shipment delivery,
    • in 7 days following delivery in case of concealed damage or loss of content,
    • in 30 days after the dispatch date in case of lost shipments.
  • The letter of claim shall include the following information:
    • AirTrans full name and address;
    • full name of the Claimant and the residence address or address of the registered office;
    • the type of shipment;
    • claim letter with the substantiated demand;
    • amount of compensation in case of financial claims;
    • bank, account number or address where the compensation amount shall be transferred;
    • Claimant's signature.
  • The following claim documents shall be filed:
    • Sender's written waiver in case of claims filed by the Receiver,
    • damage report,
    • statement of concealed loss or damage and the outer packaging of the claimed shipment,
    • documents proving the amount of the claim, in particular the original VAT invoice,
    • consignment note/waybill or postal receipt,
    • other documents required by AirTrans for claim handling.
  • Instead of original documents copies may be filed, either notarized or certified as true copies by a legal adviser or attorney. If the documents are certified by a legal adviser or attorney, the Claimant shall submit the original power of attorney granted to this legal adviser or attorney.
  • If the claim does not meet the requirements specified in § 7 or 8, AirTrans shall ask the Claimant to complete the documents in 14 days following the receipt of the request instructing the Claimant that failure to do so will result in the claim being left unexamined. The above period is not included in the claim processing time limit.
  • Claims lodged after the expiry of the period specified in § 6 and claims with incomplete documentation as specified in § 10, shall be left unprocessed.
  • AirTrans processes postal service claims in 30 days following their receipt.
  • Having examined the claim, AirTrans shall notify the Claimant in writing of the acceptance, partial acceptance or rejection of the claim. In each of these cases, the notice shall include:
    • claim decision;
    • grounds for claim settlement;
    • amount of possible compensation, the date and manner of payment.
  • In case of postal service, the consumer has the right to take advantage of the mediation proceedings before the President of the Office of Electronic Communications as well as proceedings before the Permanent Consumer Arbitration Court at the President of the Office of Electronic Communications.


§ 18
Delayed delivery complaints

  • In case of delivery of a shipment after the deadline specified in § 9, the Receiver, Sender or Customer (hereinafter referred to as Claimants) shall have the right to file a complaint concerning delayed delivery of a time-definite shipment.
  • The complaints shall be submitted not earlier than after the expiry of the time limit specified in § 9 beginning on the day of dispatch and not later than 45 days after the dispatch day.
  • The complaint letter shall include the following information:
    • AirTrans full name and address;
    • full name of the Claimant and the residence address or address of the registered office;
    • name of the Claimant;
    • the type of shipment;
    • justification of the complaint;
    • amount of compensation in case of financial claims according to §13 sect. 6 herein;
    • bank, account number or address where the compensation amount shall be transferred;
    • Claimant's signature.
  • The following documents shall be submitted:
    • consignment note/waybill or postal receipt,
    • other documents required by AirTrans for handling the complaint.
  • Instead of original documents copies may be filed, either notarized or certified as true copies by a legal adviser or attorney. If the documents are certified by a legal adviser or attorney, the Claimant shall submit the original power of attorney granted to this legal adviser or attorney.
  • If the complaint does not meet the requirements specified in § 3 and 4, AirTrans shall ask the Claimant to complete the documents in 14 days following the receipt of the request instructing the Claimant that failure to do so will result in the complaint being left unexamined. The above period is not included in the time limit of complaint processing.
  • Complaints submitted after the expiry of the period specified in sect. 2 and complaints with incomplete documentation as specified in sect. 6, shall be left unprocessed.
  • AirTrans processes delayed delivery complaints in 30 days following their receipt.
  • Having examined the complaint, AirTrans shall notify the Claimant in writing of the acceptance, partial acceptance or dismissing the complaint. In each of these cases, the notice shall include:
    • decision;
    • grounds for settlement of the complaint;
    • amount of the possible compensation, the date and manner of payment.


§ 19

  • Pursuant to Article 789 and Article 799 of the Act of April 23, 1964. - Civil Code (Journal of Laws of May 18, 1964, No. 15, item 93 as amended) AirTrans is responsible for the carriers and subsequent forwarders engaged for performance of the requested services, unless AirTrans is not at fault for choosing and their choice is not controlled by AirTrans.
  • In the case specified in sect. 1 above, liability for service-related pilferage, loss, or damage of whatever nature shall be borne by the carrier or a subsequent forwarder. AirTrans shall immediately assign to the Customer all the rights and claims to which AirTrans is entitled.

§ 20

  • After ineffective exhaustion of the complaints procedure the Claimant is entitled to seek redress in court proceedings.
  • The claim procedure shall be exhausted in case the claim is rejected or the due claim amount is not paid within 90 days from the date of claim filing.
  • The court competent to settle any disputes that may arise in connection with the performance of the contract shall be the court with jurisdiction over AirTrans registered office. This provision shall not apply to services provided on behalf of consumers.

§ 21

  • AirTrans guarantees to its customers the protection of their Personal Data. The data will be used only for the purposes of services rendered as well as for sending information and advertising materials, provided that the customer has given the consent referred to in sect. 3 below.
  • Personal data will be stored in a manner preventing access by third parties under provisions of the Act on Personal Data Protection of August 29, 1997 (Journal of Laws of 2002, No. 101, item 926).
  • The Customer shall give a separate content to use his/her e-mail address and process his/her personal data for the purpose of sending commercial information. The consent is voluntary and may be revoked at any time.

§ 22

  • The Regulations are available at AirTrans registered office and on the website www.airtrans.com.pl. The Customer is obliged to read the Regulations before handing over the shipment to AirTrans.
  • The Regulations shall enter into force on March 1, 2011.

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