Regulations – Airtrans

Regulations of service provision by AIRTRANS SP. Z O. O. SP. K. formerly: AirTrans H. Watoła Sp. J.
dated March 06, 2018.

General provisions

§1

1 The Regulations specify the terms and conditions for the provision of services by AIRTRANS SP. Z O. O. SP. K. formerly: AirTrans H. Watoła Sp. J. with its registered office: 90 Wolności Street, 42-625 Pyrzowice and the persons the company uses in their performance and its agents, hereinafter referred to as AirTrans or Contractors, and its Customers, hereinafter referred to as Principal and Consignees of shipments in the field of international shipment and delivery.

(2) AirTrans provides international and domestic freight forwarding, logistics, transportation, customs and other cargo handling services.

3 Postal and courier services provided by AirTrans consist of: acceptance, transportation and delivery of parcels and unaddressed printed matter. They are not of a universal nature and are provided for profit on the basis of registration 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).

(4) Signing of the Letter of Transmittal by the Ordering Party constitutes proof of reading and acceptance of the contents of these Regulations and the Price List. From that moment on, all provisions of these Regulations and the Price List become binding for both parties, unless the provisions of a separate agreement concluded between the parties, provide otherwise. At the same time, the Principal agrees that AirTrans may subcontract all or part of the contract of carriage to a third party.

§2

1 The scope of AirTrans’ operations covers the entire world.

(2) AirTrans provides services to individuals, legal entities or organizational units without legal personality.

Forwarding activities, postal and courier services

§3

(1) As part of its freight forwarding business, after meeting the requirements of relevant regulations, permits and licenses, AirTrans may accept goods for transportation:

a) dangerous within the meaning of separate regulations, in particular, flammable, explosive, radioactive, corrosive, stinking substances, weapons and ammunition.
b) containing live plants and animals,
c) containing corpses, ashes and remains of human corpses,
d) containing works of art, antiques, precious stones and metals in any form or shape, currencies, negotiable securities, certificates and any other negotiable values.

(2) The scope of freight forwarding services provided by AirTrans to the Principal is determined individually for each shipment in the transport order, freight forwarding order or other valid document and may include the following activities:

– advice on terms of carriage, choice of route and means of transport, customs formalities, etc.;
– collection of the shipment from the place of shipment;
– delivery of the shipment to the place of loading on the main means of transport;
– preparation of the shipment for transport (packaging, weighing, measuring, marking);
– preparation of transport documents;
– conclusion of a contract of carriage with the carrier;
– insurance of the shipment for the period of transport;
– storage of shipments;
– customs clearance;
– carrying out the settlement with the carrier for the performed service;
– taking steps to obtain reimbursement of improperly collected amounts for the carrier and other improperly collected amounts related to the performance of carriage.

(3) AirTrans shall provide the forwarding services specified above on its own behalf, but for the account of the Principal. In particular, AirTrans may enter into agreements with carriers transporting the shipment for forwarding services, as well as may entrust third parties to perform other activities ordered by the Principal.

(4) AirTrans may provide other forwarding and postal services not explicitly mentioned in these Regulations on the basis of a separate agreement with the Customer.

§4

(1) AirTrans shall have a lien on the shipment in its possession to secure remuneration and other costs and charges incurred in connection with the performance of transportation or forwarding services.

(2) The provision of paragraph (1) shall not apply, to the shipments of state authorities and administration, as well as justice and law enforcement agencies.

§5

(1) The shipment after telephone or electronic notification by the Principal is collected from the indicated address, or may be posted at the Customer Service Center, during its working hours.

(2) Acceptance of the shipment from the Sender is carried out on the basis of a waybill from AirTrans or its subcontractor. The original of the waybill is given to the Sender. On the copy, intended for AirTrans, an acknowledgment of receipt is made in the form: name, surname and signature of the Consignee with the date of delivery of the shipment, the second copy is intended for the Consignee.

(3) The principal shall declare in the bill of lading, forwarding or other equivalent document the fact that the shipment with correspondence has been shipped.

(4) The Customer is obliged to include the following data legibly on the consignment or its packaging as indicated in the consignment note, forwarding note or other equivalent document:

– Name, or the full name of the Sender and the Addressee;

– The address of the Sender and the Addressee with the exact locality with postal code, street name, house and apartment number. It is also advisable to provide a contact telephone number.

(5) The addressee may be only one entity or a group of people living in the same premises.

(6) The Customer shall be obliged to release the shipment without damage, in a condition that allows its proper carriage. Packaging shall be included in the weight of the shipment and should be adequately strong and not cause damage to other shipments being transported. In case of improper packaging, AirTrans will be entitled to pack the shipment in a proper manner at the expense of the Customer.

7 The Customer guarantees that the contents of each shipment are properly and carefully packed, labeled, declared, and that correct commercial invoices have been attached to shipments in foreign transportation.

(8) The shipper is obliged to state in the consignment note the actual value and description of the contents of the shipment.

(9) The customer undertakes to provide all documents required by the relevant customs, administrative and tax regulations for the transportation of the shipment and customs clearance for international transport.

(10) The shipper of the consignment declares that the goods in the consignment are not strategic goods within the meaning of the Act of November 29, 2000 on Foreign Trade in Goods, Technologies and Services of Strategic Importance for State Security, as well as for the Maintenance of International Peace and Security (Journal of Laws No. 119 of December 28, 2000, item 1250, as amended) and are not included in the lists specified in Article 6, paragraphs 4 and 5 of the aforementioned Act.

§ 6

(1) If the shipment does not contain sufficient data to identify the Addressee, wrong or incorrect address, it will be returned to the Sender at his expense with a note on the reason for non-delivery and return of the shipment.

(2) A shipment that cannot be returned to the Sender and delivered to the Addressee due to a missing or incorrect address is treated as undeliverable. If a consignment cannot be returned to the Sender and delivered to the Addressee due to a missing or incorrect address, AirTrans will undertake actions related to its liquidation, in accordance with Article 58 of the Act of November 15, 1984, Transportation Law (Journal of Laws of 1984 No. 53, item 272, as amended). The procedures indicated in Article 27 of the Postal Law of June 12, 2003 (consolidated text Dz.U. of 2008, No. 189, item 1159) shall apply to postal items.

(3) In the event that the designated Recipient refuses to accept the shipment, it shall be returned to the Principal at his expense.

(4) Refusal to accept a shipment shall also be considered a refusal to pay for the service performed by AirTrans by the consignee of the shipment.

(5) In the absence of the Recipient, a representative of AirTrans (or its subcontractor) shall leave a notice indicating the time and place of collection of the shipment or the possibility of ordering another delivery to its premises. The cost of the second or subsequent delivery attempt is specified in the applicable tariff.

– Carry out billing with the carrier for the service performed;

– To take action to obtain reimbursement of improperly collected sums on account of carriage and other wrongfully collected amounts related to the performance of carriage.

(4) AirTrans may provide other forwarding and postal services not explicitly mentioned in these Regulations on the basis of a separate agreement with the Customer.

§ 7

(1) For an additional fee, the Shipper may purchase a return receipt service, under which AirTrans will send the Shipper a return confirmation of receipt of the shipment by the Addressee with the date of receipt of the shipment and the signature of the person receiving the shipment.

(2) Parcels shall be considered delivered when they are handed over to the Addressee, the person entitled to receive them, as well as to the legal representative of the Addressee or the Addressee’s authorized representative after the competent person has affixed a signature acknowledging their receipt.

(3) At the time of delivery of the parcel, the delivery agent may require the addressee or the person entitled to receive the parcel to show a valid identity document.

§ 8

(1) AirTrans shall refuse to enter into a contract for the provision of services or may withdraw from its performance if:

(a) the content or packaging of the shipment poses a danger of damage to the person or property of third parties or damage to other shipments; proper packaging of the shipment is always the responsibility of the Shipper, and AirTrans’ acceptance of the shipment does not imply that AirTrans considers the packaging of the shipment to be proper;

b) there are inscriptions, images, drawings or other graphic signs on the package or in the visible part of the shipment that violate the law or goods protected by law;

(d) the customer with whom the relevant agreement has been concluded is in arrears with payments for services provided by AirTrans;

(e) the shipment, due to its characteristics, makes it impossible to perform the service using the technical means and equipment possessed by AirTrans or its subcontractors;

(f) the shipment does not meet the conditions specified by AirTrans required for the conclusion of the contract,

(g) the shipment contains items whose condition is defective;

(h) the shipment is inadequately packaged, in a manner that may allow the shipment to be opened without tampering with the packaging or may allow the loss of its contents or damage to it and damage to other shipments in transit.

(2) AirTrans may withdraw from the service after the conclusion of the contract if the shipment does not meet the conditions specified in the contract or the relevant documents required for its transportation have not been provided.

(3) In addition, AirTrans has the right to refuse service due to force majeure or natural disaster.

§ 9

(1) A shipment received from abroad by AirTrans after it has been cleared by the relevant customs authorities for circulation in the country shall be forwarded for delivery.

(2) AirTrans shall issue shipments for delivery within an expected period of up to 21 working days unless otherwise agreed by the parties in the contract or transport or forwarding order or any other written document.

(3) As a rule, the delivery of the consignment to the Recipient’s own hands /seat/. If the Recipient is a legal person or an organizational unit without legal personality, the parcel shall be left with a receipt at the secretariat or the organizational unit fulfilling the role of the secretariat of the person or organization.

§ 10

(1) Payment for shipments at the agreed prices shall be made on the basis of a VAT invoice. Dates and forms of payment will be agreed each time with the Principal.

(2) All duties, taxes, penalties, storage fees and other costs incurred by AirTrans as a result of actions of customs or other public authorities, as well as as as a result of failure to provide proper and complete documentation, shall be borne by the Principal.

Insurance

§11

1 AirTrans offers the option of insuring shipments in accordance with the terms of the HDI GERLING Policy.

(2) The subject of this insurance shall be all property owned and insured for the benefit of the Policyholder or the Policyholder’s customers submitted for insurance by the Policyholder, transported in the Republic of Poland and in the course of import or export related to the crossing of the border of the Republic of Poland.

(3) The sum insured, which is the upper limit of HDI GERLING’s liability for each loss, is €50,000 for a single Insured.

(4) The integral franchise shall be PLN 1,000 for each damage.

(5) The following types of property are excluded from insurance coverage:

(a) live animals and plants;

(b) resettlement property;

(d) money, securities, identification marks;

(e) pre-paid cards;

(f) ADR Group I and VII;

(g) arms and ammunition.

Liability rules and complaint procedure

§12

(1) In the event of loss of shipment, damage or defect in the shipment or delay in delivery of a forward shipment, a representative of AirTrans shall be obliged to draw up a protocol in the presence of the Recipient or his authorized representative. The protocol should be drawn up in triplicate and contain the following information: place, date and time of drawing up, list of participants of the protocol drawn up, description of the condition and damage to the shipment, circumstances under which the damage occurred, reason for delayed delivery and signatures of participants of the protocol drawn up.

(2) The Contractor’s representative shall leave the Recipient one copy of the protocol, the second shall be kept for himself, while the third shall be forwarded to AirTrans. The protocol referred to in paragraph 1 is the basis for consideration of the Recipient’s complaint and possible payment of compensation in accordance with the rules set forth herein.

(3) The Recipient shall have the right to request commission acceptance of the shipment with the participation of a representative of the Contractor. In such a situation, a protocol shall be drawn up according to the rules and procedure set forth in paragraphs 1 and 2. Any claims against AirTrans shall expire as a result of acceptance of the consignment by the Recipient without reservation. However, this does not apply to claims for invisible loss or damage, if the Consignee found the damage after acceptance of the consignment and within 7 days demanded to determine its condition and proved that the damage occurred between acceptance of the consignment for transport and its release.

§13

(1) AirTrans shall be liable for the loss, loss, damage or delay of a forward shipment occurring from its acceptance until its delivery to the Recipient to the extent set forth herein.

(2) AirTrans shall not be liable, as referred to in paragraph 1, if the loss of the shipment, loss, damage to the shipment or delay in delivery of the shipment arose for reasons attributable to the Sender or the Recipient, resulting from failure to comply with the provisions of these Regulations or due to the occurrence of force majeure.

(3) In addition, AirTrans shall not be liable as set forth in paragraph 1, if the damage was caused by the Shipper or the Recipient, not caused by AirTrans’ fault or by force majeure, in particular, when:

(a) the shipment was incorrectly addressed;

(b) The Recipient has changed its place of residence or domicile without leaving a new address at its former place of residence or domicile;

(c) the content or weight of the shipment does not agree with the data declared in the bill of lading, forwarding or other document;

(d) due to the special vulnerability of an item due to its defects or natural characteristics;

(e) the absence, insufficiency or defectiveness of the packaging of the items, exposed under these conditions to damage due to their natural characteristics,

(f) loading, arranging or unloading of items by the shipper or consignee;

(g) transportation of consignments that, according to regulations or the contract, should be caretaker, if the damage resulted from causes that were supposed to be prevented by the caretaker;

(h) shipment of a consignment under a non-conforming, inaccurate or insufficient name of items excluded from carriage or accepted for carriage under special conditions, or failure of the shipper to observe such conditions.

(4) AirTrans shall not be liable, for indirect damages and lost profits resulting from the non-performance or improper performance of the service, both with respect to the Sender, the Recipient and third parties. The above provision does not apply to services provided to consumers.

(5) Compensation for loss, loss or damage to a shipment shall not exceed the amounts specified in the consignment note by the Shipper, the foreign party accepting the shipments for carriage or the amount declared in the consignment note by the Shipper.

(6) Compensation, for the delay of a forward shipment, shall not be more than the equivalent of the amount charged for carriage.

(7) In the case of cash-on-delivery shipments, until the shipment is released to the Addressee, the Contractor shall be solely responsible for the shipment under the terms of these Regulations, while the Contractor’s responsibility for the money collected from the Recipient shall commence upon confirmation by the Contractor of the fact of collection and shall be limited to the amount collected. The above provision shall not apply to services provided to consumers.

(8) AirTrans undertakes to use its best efforts to ensure that import/export customs formalities to which shipments are subject are completed as soon as possible. However, AirTrans shall not be liable for delays, losses or damages caused by interference from customs or other authorities.

Complaint of shipping, logistics and transportation services

§ 14

(1) All claims for non-performance or improper performance of the service shall be accepted by AirTrans.

(2) The entities entitled to file a complaint (hereinafter referred to as Complainants) are:

(a) Principal or Shipper;

(b) The Recipient in the event that the Sender or the Originator waives in writing in favor of the Recipient the right to assert claims.

(3) All complaints shall be submitted in writing within a maximum of 7 days from the date of receipt of shipment. The complainant within 14 days is obliged to provide all documents necessary to consider his complaint.

(4) Complaints submitted after the deadline, inaccurate or incomplete (not meeting the conditions referred to in the Regulations), complaints completed after the deadline or brought by unauthorized persons shall be left without consideration.

(5) The claim should include:

(a) the name and address of AirTrans,

b) the name or business name and address of the Complainant’s residence or registered office,

(d) confirmation of shipment (waybill in original),

(e) the original of the relevant protocol(s) or statement referred to in § 12 of these Regulations,

(f) documents confirming entitlement to claim, in particular, the original invoice covering the goods shipped for transportation,

(g) the amount of compensation in case the complainant demands compensation,

h) the name of the Bank and the bank account number or address to which, if the complaint is accepted, the amount due should be transferred,

(i) signature of the Complainant.

(6) The time limit for processing a complaint shall not exceed 30 days counting from the date of filing properly completed complaint documents. In the event of any procedural shortcomings occurring during the filing of the complaint, AirTrans will inform the Complainant in writing, requesting that the complaint documents be supplemented or clarified. Completion of any documents should be done in time to meet the 30-day deadline for filing a properly completed complaint.

(7) After recognizing the complaint, AirTrans shall notify the Complainant in writing of the acceptance, partial acceptance or rejection of the complaint. In each of the above cases, the notification shall include:

(a) Resolution,

(b) the reasons for the manner in which the complaint was handled,

(8) It is permissible to include instead of original documents – copies certified as true copies by a notary public, legal counsel or attorney. If the documents are certified by a legal advisor or attorney, the Claimant must submit the original power of attorney granted by the Claimant to the relevant legal advisor or attorney.

(9) The right to assert claims from a complaint shall be suspended until the Principal has paid all charges, fees, costs and other expenses. The above provision shall not apply to services provided to consumers.

§15

A shipment that has not been delivered to the destination indicated in the waybill within 30 days after the expiration of the time limit for carriage shall be considered lost.

§16

(1) These Regulations shall apply to postal services subject to the following provisions.

(2) AirTrans, in case of a reasonable suspicion that a shipment is an object of crime or its contents pose a threat to people or the environment, shall immediately notify the relevant services and detain and secure the shipment until it is inspected by the above services.

(3) In order to avoid violation of the exclusivity of the provision of services reserved for the public operator under the Postal Law, AirTrans refuses to accept for carriage parcels whose acceptance under certain conditions would constitute a violation of the aforementioned law.

(4) In the case of refusal to accept a shipment or withdrawal from carriage for reasons specified in the Regulations, AirTrans shall return the shipment in accordance with the principles specified in § 6 of these Regulations.

(5) AirTrans shall have the right of lien on the shipment to secure claims under the postal service contract and for customs duties or reasonable additional costs of providing the service, arising for reasons attributable to the Shipper.

Complaining about postal services

§17

(1) A Postal Service complaint may be filed in the event of non-performance or improper performance of the Postal Service by AirTrans.

(2) The Postal Service shall be considered to have been improperly performed if the Recipient has established damage or loss of the mail or its contents due to the fault of AirTrans, in the manner specified in § 12 hereof.

(3) The postal service shall be considered not performed if the mail is lost through the fault of AirTrans.

(4) An undelivered parcel shall be considered lost if delivery or notice of attempted delivery, in accordance with § 6.5 hereof, has not been made within 30 days from the date of posting.

(5) Entities entitled to file a complaint (hereinafter referred to as Complainants) are:

(a) Principal or Shipper of the shipment,

(b) The consignee, in the event that the sender waives the right to assert claims in favor of the consignor in writing, or if the shipment is delivered to the addressee.

(6) A complaint about the postal service may be filed:

(a) directly upon acceptance of the shipment by the Recipient,

b) within 7 days of receipt of the shipment – in the event of defects or damage to the shipment, not visible upon receipt,

(7) A claim should include:

(a) the name and address of AirTrans,

b) the name or business name and address of the Complainant’s residence or registered office,

(d) the request for a complaint with reasons,

(e) the amount of compensation in case the Complainant demands compensation,

(f) the name of the Bank and the bank account number or address to which, if the complaint is accepted, the compensation requested should be transferred,

(g) signature of the complainant.

(8) The claim application referred to in paragraph 7 shall be accompanied by:

a) a statement of waiver of the right to assert claims – in the case of transfer of rights by the Sender or the Principal to the Addressee,

(b) a report of damage or loss of shipment,

(d) documents confirming the amount of the claim, in particular, the original VAT invoice,

(e) a bill of lading or confirmation of shipment,

(f) other documents required by AirTrans in the course of the complaint procedure.

(9) It is permissible to include instead of original documents – copies certified as true copies by a notary public, legal counsel or attorney. If the documents are certified by a legal advisor or attorney, the Claimant must submit the original power of attorney granted by the Claimant to the relevant legal advisor or attorney.

(10) If the complaint does not meet the conditions specified in paragraphs 7 or 8, AirTrans shall call on the Complainant to supplement the complaint within 14 days from the date of receipt of the call with instructions that failure to supplement the deficiencies will result in leaving the complaint unprocessed. The aforementioned period shall not be included in the time limit for consideration of the complaint.

(11) Complaints submitted after the deadline specified in paragraph 6 and complaints, the deficiencies of which the complainant has not supplemented within the period specified in paragraph 10, shall be left without consideration.

12 AirTrans shall consider postal service complaints within 30 days from the date of receipt.

(13) After recognizing the complaint, AirTrans shall notify the Complainant in writing of the acceptance, partial acceptance or dismissal of the complaint. In each of the above cases, the notification shall include:

(a) Resolution,

(b) the reasons for the manner in which the complaint was handled,

(14) In the case of postal service, the consumer has the right to use the route of mediation proceedings before the President of the Office of Electronic Communications and proceedings before the Permanent Arbitration Consumer Court operating at the President of the Office of Electronic Communications.

Complaint about delay in delivery of shipment

§18

(1) In the case of delivery after the date indicated in § 9, the Addressee, Sender or Principal (hereinafter referred to as Complainants) shall have the right to lodge a complaint about the delay in the delivery of a timely shipment.

(2) The complaint shall be filed no earlier than the expiration of the time limit indicated in § 9 of the day after posting and no later than 45 days from the day of posting.

(3) The complaint should include:

(a) the name and address of AirTrans,

(b) the name and surname or business name and address of residence or registered office of the Sender and the Recipient,

(d) the type of shipment to which the complaint relates,

(e) the grounds for the complaint,

(h) the amount of compensation in case the Complainant requests compensation, in accordance with § 13(6) hereof,

(f) the name of the Bank and the bank account number or address to which, if the complaint is accepted, the requested compensation should be transferred,

(g) signature of the complainant.

(4) The complaint shall be accompanied by:

(a) a bill of lading or confirmation of shipment,

(b) other documents required by AirTrans in the course of the proceedings.

(5) It is permissible to include instead of original documents – copies certified as true copies by a notary public, legal counsel or attorney. If the documents are certified by a legal advisor or attorney, the Claimant must submit the original power of attorney granted by the Claimant to the relevant legal advisor or attorney.

(6) If the complaint does not meet the conditions specified in paragraphs (3) and (4), AirTrans shall summon the Complainant to supplement the complaint within 14 days from the date of receipt of the summons with instructions that failure to supplement the deficiencies will result in leaving the complaint unprocessed. The aforementioned period shall not be included in the deadline for consideration of the complaint.

(7) Complaint submitted after the deadline specified in paragraph 2, as well as complaints, the deficiencies of which are not supplemented by the Complainant within the period specified in paragraph 6, shall be left without consideration.

(8) AirTrans shall consider complaints for late delivery within 30 days from the date of their receipt.

(9) After reviewing the complaint, AirTrans shall notify the Complainant in writing of the recognition, partial recognition or dismissal of the complaint. In each of the above cases, the notification shall include:

(d) Resolution,

(e) reasons for the manner in which the complaint was handled,

(f) the amount of compensation, if any, and the date and method of transferring the claim.

§ 19

(1) AirTrans is responsible for carriers and further forwarders, which it uses in the performance of commissioned services, unless it is not at fault in the choice in accordance with the provisions of 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).

(2) In the case referred to in paragraph 1, the liability for loss, loss, damage or other damage in connection with the performance of the service shall be borne by the carrier or further forwarder, AirTrans shall immediately transfer (assign) its rights and claims against such persons to the Principal.

§20

(1) To pursue possible claims in court proceedings shall be entitled to the entitled person after unsuccessful exhaustion of the complaint route.

(2) The route of the complaint procedure shall be considered exhausted in the event of refusal to accept the complaint or failure to pay the claimed amount within 90 days from the date of filing the complaint.

(3) The competent court for the resolution of disputes that may arise in connection with the performance of this Agreement shall be the court with jurisdiction over the registered office of AirTrans. The above provision shall not apply to services provided to consumers.

§21

(1) AirTrans guarantees customers Personal Data Protection. The data will be used only for the purposes of the services provided, as well as sending information and advertising materials, provided that the customer gives the consent referred to in paragraph 1. 3.

(2) Personal data will be stored in a manner that prevents access by third parties in accordance with the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926).

(3) The customer gives separate consent to the use of his e-mail address and processing of his personal data for the purpose of sending commercial information. Consent is voluntary and can be revoked at any time.

§22

(1) These Regulations are available at AirTrans headquarters and on the website at: www.airtrans.com.pl. The Principal is obliged to familiarize himself with the Regulations before handing over the shipment to AirTrans.

(2) The Regulations shall come into force on March 01, 2011.

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