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Contractual relations resulting from the contract of carriage are governed by the General Conditions of Carriage of the company Merci Trans Spedition s.r.o.

Contractual relations between the sender and the carrier are governed by the General Conditions of Carriage of the company Merci Trans Spedition s.r.o., which set out the detailed arrangements for the exercise of international and domestic carriage of goods, the rights and obligations of the contracting parties, such as the responsibilities of the contracting parties, the scope of the carrier's compensation obligation, the evident and non-evident defects of the shipment, the period of limitation, or the content of the transport complaint.

General Conditions of Carriage of the company Merci Trans Spedition s.r.o. — 2023

§ 1

The General Conditions of Carriage of Merci Trans Spedition s.r.o. (hereinafter "GCC Merci Trans Spedition s.r.o.") are issued pursuant to § 1751 para. 3 of Act No. 89/2012 Coll., the Civil Code (hereinafter "NCC"), as sector-specific conditions governing in greater detail the relations arising from contracts of carriage concluded between entrepreneurs. The GCC Merci Trans Spedition s.r.o. regulate in greater detail the rights, obligations and liability arising during contractual relations between persons involved in the carriage of goods for hire or reward by road vehicles, i.e. in road freight transport, because in view of the fact that no road haulage regulations exist, it is considered appropriate to regulate in greater detail the issues arising from legal relations in domestic and international road freight transport.

§ 2

The carrier is obliged to use for the carriage of consignments only vehicles that are roadworthy and in good technical condition; otherwise the carrier shall be liable for all damage arising as a result of breach of this obligation. The carrier may not invoke the technical failure of the vehicle used for carriage in any attempt to be relieved of its liability.

§ 3 — Basic definitions

1. A contract of carriage is a contract for the carriage of goods concluded pursuant to § 2555 NCC.
2. The carrier is a person who undertakes pursuant to § 2555 NCC to carry another person's goods for hire or reward.
3. The contracting (responsible) carrier is a carrier who fulfils its obligation to carry goods through another carrier pursuant to § 1935 NCC.
4. The actual (performing) carrier is a carrier who itself carries out the carriage of goods by road vehicle.
5. If under a single contract of carriage the carriage is performed successively by several actual (performing) carriers, each of them assumes responsibility for the performance of the entire carriage, and each successive carrier becomes, upon taking over the goods and the consignment note, a contracting party to that single contract of carriage.
6. The consignor is the person concluding the contract of carriage with the carrier pursuant to § 2555 NCC. The consignor is deemed to be the person who gives the carrier the necessary transport instructions. The consignor is the person who hands the consignment over to the carrier. The consignor is responsible for loading and stowage of the goods unless otherwise agreed in the contract of carriage. The consignor is recorded in the consignment note issued for the carriage of the goods.
7. The shipper/forwarder is the person who is the ordering party of the transport and the payer of the carriage charge to the carrier. In such a case the shipper is the subject of the contract of carriage. The shipper does not normally physically hand the goods to the carrier for carriage. The shipper is not normally recorded in the consignment note as the consignor. The shipper may be the consignee.
8. The entitled person means the person who at a given moment has the right of disposal over the consignment or to whom the exercised right under the contract of carriage belongs.
9. The price for the carriage of goods by the carrier, i.e. for the transport of the consignment under the conditions agreed in the contract of carriage, is called the "carriage charge".

§ 4

1. A consignment means all goods, movables, animals, objects and substances that are carried as cargo for hire or reward by any road vehicle.
2. Consignments are carried as full loads, part loads or as additional loads.
3. An additional load is a consignment carried together with other consignments.

§ 5 — Formation and content of the contract of carriage

Unless otherwise agreed between the parties, the contract of carriage is formed between the consignor and the carrier:

1. upon acceptance of the proposal for conclusion of the contract of carriage — the proposal is the transport order pursuant to § 6,
2. if the contract was not formed pursuant to point a), then upon acceptance of the consignment by the carrier for carriage from the consignor on the basis of the transport document.

§ 6 — Transport order

1. The consignor may place a transport order in writing, electronically or verbally. The carrier shall confirm receipt of the order in writing, electronically or verbally. If the consignor requests written confirmation of receipt of the transport order, the carrier is obliged to comply. Electronic communication is also considered written confirmation and is regarded by law as a written act.
2. A written transport order contains the data necessary for the performance and billing of the transport, in particular:
   1. the name, address, identification number, tax identification number, and telephone number or email of the consignor;
   2. the address of the loading place; if another person hands over the consignment on behalf of the consignor, also that person's name, address and telephone number;
   3. the address of the unloading place, the name and address of the consignee and any telephone number;
   4. if the consignment is easily perishable, the order must contain instructions in the event of refusal of acceptance by the consignee;
3. a description of the consignment, i.e. the usual designation of its contents and packaging, or its designation according to technical or other standards, product lists, catalogues, etc.;
4. if the nature of the consignment requires it, the order must specify that it is to be handled in a special manner during loading, carriage and unloading;
5. the number of packages of the consignment or the number of their wrappers, transport units, pallets, etc.;
6. the total weight of the consignment and, for outsized consignments or those longer than 3 m, the dimensions of the individual pieces;
7. any special cultural or artistic value of the consignment;
8. the required delivery date of the consignment;
9. any prohibition on engaging a further carrier, or making such engagement conditional on the consent of the consignor or the shipper;
10. the nature and extent of damage to the consignment if an already-damaged consignment is handed over for carriage (e.g., sent for repair);
11. the type of vehicle required for the carriage, any requirement for special vehicle equipment, or the value of the consignment;
12. an indication that the carriage involves a used machine or equipment;
13. the required date and time of loading.

§ 7

1. The carrier performs the carriage with professional care on the basis of the concluded contract of carriage and the consignor's data on the nature of the consignment. The consignor is obliged to inform the carrier already during the negotiation of the contract of carriage of data on the nature of the consignment so that the carriage can be carried out with professional care. The consignor is in particular obliged to state data on the consignment that are important for arranging carriage under the appropriate security conditions.
2. The carrier offers and arranges carriage under standard conditions of carriage, where the carriage is performed using the agreed type of road vehicle with one driver who during the carriage observes the prescribed safety breaks and parks the vehicle in public car parks designated for parking the given type of vehicle with regard to the characteristics of the load. Standard conditions of carriage are only suitable for the carriage of safe consignments not at risk from theft and for shorter distances, since the carriage charge is calculated for a single-member crew who cannot guarantee continuous supervision of the vehicle with the consignment.
3. The consignor is obliged to inform the carrier that the consignment in view of its nature or value is considered sensitive and the contract of carriage must be arranged under enhanced security conditions. The carrier performs the carriage under enhanced security conditions using the agreed type of vehicle with the agreed security devices in the vehicle and with a two-person crew. When carrying a consignment under enhanced security measures, vehicles may be staffed by two drivers who can cover longer transport distances with shorter safety breaks; however, even with two drivers, safety breaks must be observed during which both drivers are required to take their safety breaks and the vehicle with the load is parked in a public car park designated for parking the agreed type of vehicle with regard to the characteristics of the load.
4. Guarded car parks where the car park operator is responsible for parked vehicles including their cargo are not available in sufficient numbers and the carrier never guarantees the use of guarded car parks. If the consignor requires the use of certain car parks during the carriage, the consignor is obliged to secure a parking space for the carrier at those car parks and must designate them for the entire transport route so that the carrier can use them in compliance with all road traffic safety rules. The list of car parks must be handed to the carrier by the consignor at loading and must be entered in the consignment note; otherwise the consignor's instruction is not valid for the carrier, and the carrier is entitled to use car parks available on the usual transport route.
5. The carrier performs the carriage of the consignment on the basis of the contract of carriage, which does not include securing an escort for the vehicle carrying the consignment. If the nature and sensitivity of the consignment are so high that continuous supervision is required for the safety of the consignment, the consignor is obliged to secure an escort for the consignment itself or through a professional forwarding company, or to order this service from the carrier.

§ 8 — Transport document

1. The transport document accompanies the consignment until its delivery to the consignee. The consignor is required to hand over a properly completed transport document to the carrier. The transport document is handed to the carrier at the same time as the consignment, unless a different arrangement has been made for certain types of transport.
2. A bill of lading is not a transport document. A bill of lading — pursuant to §§ 2572 et seq. NCC (i.e. a security, negotiable instrument) — is not used in road freight transport. These conditions do not affect the regulation of the bill of lading.
3. The transport document means generally a consignment note. The transport document must contain the following data: (a) place and date of issue; (b) name and address of the consignor; (c) name and address of the carrier; (d) place, date and time of acceptance of the consignment and the anticipated place, date and time of its delivery; (e) name and address of the consignee, or address where the carrier should report; (f) usual designation of the type of consignment and its packaging; for dangerous goods their specified designation, or other generally recognised designation; (g) number, markings and numbers of individual pieces of the consignment; (h) gross weight of the consignment or its submitted quantity expressed in some other way; (i) amount payable by the consignee upon delivery as cash on delivery; (j) instructions for customs and other official procedures regarding delivery of the consignment if required by law; (k) agreement on carriage in an open, uncovered vehicle; (l) the carrier's confirmation of acceptance of the consignment; (m) the value of the consignment if a higher compensation obligation of the carrier than that set out in § 39 para. 2 of these conditions is required.
4. The transport document may contain additional data if the parties to the contract of carriage consider them useful (e.g. charges encumbering the consignment, agreed carriage charge including other costs, as well as a record of payment of the carriage charge).
5. The transport document is issued in at least three copies. These copies are counterparts signed by the consignor and the carrier. Reproductions of a handwritten signature are considered sufficient upon affixing a stamp. One counterpart of the transport document is for the consignor, another is for the consignee, and one counterpart is received by the carrier.
6. Where these conditions further use the term "consignment note", this term means the transport document.

§ 9 — Dangerous goods

1. The carriage of dangerous consignments is subject to the legal regulations governing their classification and conditions of carriage.
2. The carrier must not accept for carriage a dangerous consignment of which it is aware that it contains goods, substances and objects whose carriage is not regulated in accordance with the preceding paragraph or whose carriage is prohibited.
3. If dangerous goods, substances and objects are to be carried as a consignment, the consignor is obliged to inform the carrier in good time in writing or in another legible and unambiguous form of the precise designation of the hazard and the type of dangerous good, substance or object, as well as the desired safety precautions that must be observed during such carriage. The consignor is liable to the carrier for all damage caused to the carrier as a result of incorrect or incomplete data on the hazardous nature of the consignment.
4. If after acceptance of a dangerous consignment the carrier discovers that the consignment accepted for carriage is one whose hazard or the type of dangerous good, substance or object is unknown to the carrier or was not communicated to it, the carrier is obliged to unload, store, carry back or return such consignment to the consignor and the consignor is obliged to take it back. If the carrier discovers this deficiency during carriage, it shall interrupt the journey and promptly request appropriate instructions from the consignor. The carrier may require the consignor to reimburse necessary expenses incurred by such measures, which the consignor is obliged to pay.

§ 10

If after acceptance of a dangerous consignment the carrier discovers that the carriage of the accepted consignment is prohibited by applicable regulations, or that the hazard or the type of dangerous good, substance or object is unknown to the carrier and there is a risk of damage or a serious breach of the conditions for the carriage of dangerous goods, the carrier shall simultaneously notify the nearest unit of the Czech Police or the nearest component of the Czech Rescue System — in this case the carrier may proceed to dispose of the consignment only with their consent. If it is desirable, the carrier may destroy or render harmless such a consignment without being obligated to compensate the resulting damage to the consignor, but must proceed with its disposal in accordance with Czech legal regulations.

§ 11 — Packaging and marking of consignments

1. If the nature of the consignment requires it, the consignor is obliged to pack the consignment so that it is protected against damage, destruction or loss during carriage, and also so that no damage is caused to the carrier's vehicle in connection with its carriage.
2. The carrier does not examine whether the nature of the consignment requires packaging or whether the packaging used is proper or adequate. The consignor is liable for all damage incurred during carriage due to defective or inadequate packaging.
3. The consignor is obliged to ensure that the packaging of the consignment or its individual pieces — by their dimensions, construction and strength — permits their use in road transport taking into account the normal risks of carriage.
4. Unless otherwise provided in these conditions, the consignor is obliged to mark the consignment or its individual pieces if the contract of carriage requires it or if it is desirable to facilitate handling of the consignment or to prevent the risk of confusion. Special regulations apply to the marking of consignments containing dangerous goods, substances or objects.

§ 12 — Acceptance of the consignment for carriage

1. The carrier is obliged to accept the consignment in accordance with the transport order confirmed by the carrier. The carrier is obliged to check at the time of acceptance whether the data in the transport document corresponds to the actual state of the consignment and, if the consignment is packaged, to check whether the packaging is in order. The carrier's obligation to check relates only to the external condition of the consignment and its packaging. The carrier is not obliged to examine the content of the packaging.
2. If the carrier finds, upon acceptance of the consignment, that the data in the transport document does not correspond to the actual state of the consignment (in particular differences in number of pieces, weight or apparent condition of the packaging), the carrier shall record these discrepancies in the consignment note and ask the consignor to confirm them.
3. The consignor shall ensure that the loading place is accessible for the type of vehicle agreed for the carriage and shall provide the carrier with sufficient assistance and the necessary equipment for loading.
4. The carrier is entitled to verify the weight and dimension of the consignment. The consignor is obliged to ensure that the consignment can be safely and efficiently loaded, secured and transported.

§ 13 — Waiting time (demurrage)

1. A standstill charge (demurrage) is charged for waiting time (standing time) at the loading or unloading place that cannot be attributed to the carrier. Waiting time begins to run from the moment the carrier arrives at the agreed place at the agreed time ready to load or unload, and ends when loading or unloading is completed.
2. The amount of the demurrage is agreed between the carrier and the consignor. If no agreement has been reached, the amount of the demurrage shall be determined on the basis of the customary charge applicable at the place of loading or unloading.

§ 14 — Instructions to the carrier

1. The consignor is entitled, until a new right of disposal arises in favour of the consignee pursuant to § 23 of these conditions, to dispose of the consignment and in particular to request the carrier to stop the carriage, to change the designated place of delivery or to deliver the consignment to a consignee different from the consignee stated in the consignment note.
2. The consignor's right of disposal lapses from the moment the second counterpart of the consignment note is handed to the consignee or the consignee exercises the right pursuant to § 23 para. 1 of these conditions. From that moment the carrier must comply with the instructions of the consignee.
3. The right of disposal is exercised by the entitled person presenting to the carrier the counterpart of the consignment note on which the instructions have been recorded, and by compensating the carrier for any expenses, damage and harm caused by the execution of the instructions.
4. The execution of instructions must be possible at the time they reach the person who is to carry them out, and must neither impede the normal operation of the carrier's undertaking nor prejudice the consignors or consignees of other consignments. The execution must not cause the consignment to be split.

§ 15 — Impossibility of executing instructions

1. If the carrier cannot comply with instructions received pursuant to § 14, it shall promptly notify the person who gave such instructions.
2. If circumstances allow the carriage to be performed under conditions differing from those stated in the consignment note, and if the carrier cannot in a reasonable time obtain instructions from the entitled person, the carrier shall take such steps as seem to it to be in the best interests of the entitled person.

§ 16 — Loading and unloading

1. Unless otherwise agreed between the parties, the consignor is responsible for loading and stowage of the consignment onto the vehicle, and the consignee is responsible for the unloading of the consignment from the vehicle.
2. If the carrier is responsible for loading or unloading in accordance with the agreement, the carrier is liable for damage caused by improper loading or unloading.
3. The carrier is entitled to check whether the loading and stowage of the consignment on the vehicle are proper from the point of view of road safety and the safety of the consignment during carriage. If the carrier finds that the loading or stowage is improper, it shall notify the consignor and request the removal of the deficiency. If the consignor does not remove the deficiency within a reasonable time, the carrier is entitled to refuse to carry the consignment.

§ 17 — Special types of carriage

1. For the carriage of temperature-controlled goods (goods requiring a specific temperature range during carriage), the carrier undertakes to use vehicles equipped with appropriate temperature control equipment and to maintain the required temperature range throughout the entire duration of the carriage.
2. For the carriage of oversized loads or heavy loads, the carrier is obliged to obtain all necessary permits before the carriage. The costs of obtaining permits are borne by the consignor unless agreed otherwise.
3. For the carriage of live animals, the carrier must comply with the applicable veterinary and animal welfare regulations.

§ 18 — Transit time and route

1. The carrier shall choose the most appropriate and direct route for the carriage unless the consignor has specified the route in the contract of carriage.
2. The carrier shall inform the consignor without undue delay of any circumstances that could cause a significant delay in the agreed delivery time.
3. In the event of unforeseen events (road closures, extreme weather conditions, etc.), the carrier is entitled to choose an alternative route to ensure the safe and timely delivery of the consignment.

§ 19 — Carrier's liability — General

1. The carrier is liable for total or partial loss of the consignment and for damage to it occurring between the time of acceptance of the consignment for carriage and the time of its delivery to the consignee, as well as for delay in delivery.
2. The carrier is released from this liability if the loss, damage or delay was caused by the wrongful act or neglect of the claimant, by instructions of the claimant given other than as a result of a wrongful act or neglect on the part of the carrier, by inherent vice of the goods (including deterioration through temperature differences or humidity), or through circumstances which the carrier could not avoid and the consequences of which it was unable to prevent.
3. The carrier may not claim exemption from liability by reason of the defective condition of the vehicle used for carriage or by reason of the wrongful act or neglect of the person from whom the carrier hired the vehicle or agents of such person.

§ 20 — Liability of the carrier — Special risks

1. The carrier is released from liability when the loss or damage arises from special risks inherent in one or more of the following circumstances:
2. use of open, uncovered vehicles when the use of such vehicles was agreed;
3. the handling, loading, stowage or unloading of the consignment performed by the consignor, the consignee or persons acting on behalf of the consignor or the consignee;
4. carriage of a consignment whose natural character renders it liable to total or partial loss or to damage — especially through breakage, rust, internal deterioration, desiccation, leakage, normal wastage, or the action of insects or rodents;
5. insufficiency or defective condition of marks or numbers on the individual pieces of the consignment;
6. carriage of live animals.

§ 21 — Limitation of compensation

1. In the event of loss of or damage to the consignment, the carrier shall be obliged to pay compensation calculated by reference to the value of the consignment at the place and time at which the consignment was accepted for carriage.
2. The amount of the compensation may not, however, exceed CZK 1,000 per kilogram of gross weight of the consignment which is lost or damaged, unless a higher declared value was agreed in the contract of carriage.
3. If a higher compensation obligation of the carrier has been agreed and the actual damage is lower, the carrier shall only be obliged to compensate the actual damage.
4. In addition to the compensation for the value of the consignment, the carriage charge, customs duties and other charges incurred in connection with the carriage of the consignment are refunded in full in the event of total loss, and in proportion in the event of partial loss; no other damage is payable.

§ 22 — Carriage charge

1. The carriage charge is agreed between the carrier and the consignor in the contract of carriage. If the consignor cancels the confirmed transport order, the carrier is entitled to claim the agreed carriage charge in full. This is without prejudice to the carrier's right to be reimbursed for expenses related to the change of the consignor's instructions regarding the consignment.
2. Unless otherwise agreed in the contract of carriage, the consignor is obliged to pay the carriage charge to the carrier within 30 days of the carrier dispatching the invoice for the carriage to the consignor.
3. If the carriage is terminated prematurely due to carriage obstacles or obstacles originating in the delivery of the consignment, the carrier is entitled to a partial carriage charge for the part of the carriage it has completed. However, if the obstacle is attributable to the consignor, the carrier is entitled to the full agreed carriage charge.
4. If delay occurs after the start of carriage but before the consignment reaches the place of delivery and such delay is attributable to the consignor, the carrier is entitled, in addition to the carriage charge, to an appropriate surcharge to the carriage charge corresponding to the demurrage stipulated pursuant to § 13 of these conditions.
5. If the consignment note or other document shows that the number, weight, volume or otherwise stated quantity of the consignment is greater than established in the contract of carriage and the carriage charge was determined by the carrier on the basis of a figure subsequently found to be incorrect, the agreed carriage charge shall be increased in the same proportion as the ratio between the actual quantity of the consignment and the quantity stated in the contract of carriage. This provision does not, however, oblige the carrier to accept for carriage a quantity of consignment other than that stated in the contract of carriage.
6. The consignor and the carrier may agree on a payment period linked to the delivery of further documents with the invoice for the carriage. If the delivery of such documents becomes difficult for the carrier, the carrier's claim becomes due after expiry of 30 days from the carrier's written notice to the consignor that it cannot ensure delivery of the required documents. This provision is without prejudice to the carrier's obligation to compensate the consignor for damage caused by breach of the carrier's obligation to deliver the required documents. If the carrier was not informed no later than at the time of concluding the contract of carriage of the amount of damage that may arise from breach of this provision, the carrier shall be obliged to pay compensation up to a maximum of the amount of the carriage charge.

§ 23 — Rights of the consignee

1. After the consignment arrives at the place of delivery, the consignee is entitled to require the carrier to deliver the consignment against fulfilment of the obligations arising from the contract of carriage. If the consignment is damaged, delivered late or has been damaged, destroyed or lost, the consignee may assert claims against the carrier in its own name. The consignor remains entitled to assert these claims, unless the consignee has asserted these rights against the carrier. However, the carrier retains the right to assert against the consignee all defences that it could assert against the consignor.
2. The consignee exercising its right pursuant to para. 1 is obliged to pay the outstanding carriage charge from the relevant carriage, up to the amount stated in the consignment note. If no consignment note has been issued or has not been presented to the consignee or the carriage charge is not stated in the consignment note, the consignee is obliged to pay the carriage charge agreed between the carrier and the consignor.
3. The consignor remains bound to pay the amounts stated in the contract of carriage.

§ 24 — Cash on delivery

1. If the parties have agreed in writing that the consignment is to be delivered only against collection of a cash-on-delivery amount from the consignee, the cash-on-delivery amount specified is to be paid to the carrier in cash or in another similar or agreed form. The consignor bears the carrier's costs associated with handling the cash amount received and must agree with the carrier on measures to minimise cash-on-delivery losses.
2. If the consignment has been delivered to the consignee without collection of the cash on delivery by the carrier, the carrier shall be liable to the consignor for the resulting damage, but only up to the amount of the cash-on-delivery sum specified, even if the carrier's fault is not proven.
3. The carrier must not collect cash on delivery if the financial amount of the required cash on delivery exceeds the amount permitted by legal regulations for cash payments. The consignor is liable to the carrier for damage that would arise to the carrier upon collection of cash on delivery as a result of a breach of cash payment regulations.

§ 25 — Delivery time

The carrier is obliged to deliver the consignment within the agreed delivery time. If no delivery time has been agreed, within the time that may reasonably be required of a careful carrier taking into account the specific circumstances of the carriage.

§ 26 — Presumption of loss of consignment

1. If the consignment has not been delivered to the consignee after the expiry of 30 days from the agreed delivery time, the entitled person may, without further evidence, consider the consignment to be lost. If no delivery time was agreed by the parties in the order or the contract of carriage, the consignment may be considered lost after the expiry of 30 days from the date of acceptance of the consignment by the carrier for carriage. The period during which obstacles to delivery of the consignment arose, of which the carrier has notified the consignor, is not counted in the above periods.
2. If compensation for the destruction or loss of the consignment has already been paid, the injured party may, upon acceptance of the compensation, require that it be immediately notified by the carrier if the consignment is found again.
3. Within one month of receipt of notification that the consignment has been found again, it is possible to request that the rediscovered consignment be delivered again against settlement of the compensation, less any expenses deducted from the compensation paid. The obligation to pay the carriage charge and claims for compensation for damage remain unaffected.
4. If the consignment has been found again after compensation has been paid and no notification of its rediscovery was requested or no claim for its delivery was made, the carrier may exercise its own right of disposal over the consignment.

§ 27 — Obstacles to delivery of the consignment

1. If before the consignment reaches the designated place of delivery (destination) the performance of the contract of carriage under the conditions stated in the consignment note becomes impossible or will become impossible for any reason, the carrier must obtain additional instructions from the entitled person.
2. However, if the circumstances of the carriage, under conditions differing from those in the consignment note, permit the carriage to be performed and the carrier cannot in a reasonable time obtain instructions from the entitled person, the carrier shall take such measures as it considers most appropriate in the interests of the entitled person.
3. If obstacles to delivery arise after the consignment has been transported by the carrier to the place of delivery, the carrier shall request additional instructions from the entitled person. If the consignee refuses the consignment, the consignor has the right to dispose of the consignment. The consignee may, even if it has refused the consignment, request its delivery as long as the carrier has not received contrary instructions from the consignor.
4. If an obstacle to delivery arises after the consignee, pursuant to its entitlement, has given instructions for the consignment to be delivered to a third party, then, when applying the provisions of the preceding para. 3, the consignee takes the place of the consignor and the third party takes the place of the consignee.
5. The carrier has the right to reimbursement of its expenses arising from requesting or executing additional instructions regarding delivery of the consignment, provided such expenses do not arise from its fault.
6. The carrier may proceed to sell the consignment without waiting for the instructions of the entitled person if the consignment is perishable or if the condition of the consignment justifies such measure, or if the costs of storing the consignment are disproportionate to the value of the consignment. The carrier is also entitled to proceed to sell the consignment if, within a reasonable time — having regard to the agreed transport time — it does not receive additional delivery instructions from the entitled person, or if the execution of such additional instructions may be unreasonable for the carrier given the specific circumstances. The carrier must notify the entitled person of its intention to sell the consignment. If serious damage to or deterioration of the consignment is imminent or it cannot fairly be required of the carrier to continue to bear the costs of storing it, the carrier may proceed to sell the consignment by way of forced auction.
7. If the consignment has been sold pursuant to the above provision, the proceeds of the sale, after deduction of the amounts encumbering the consignment, shall be placed at the disposal of the entitled person. If these amounts exceed the proceeds of the sale, the carrier has the right to recover such shortfall from the entitled person.
8. The procedure for the sale of the consignment is governed by NCC regulations.

§ 28 — Excess of delivery time

Excess of the delivery time occurs when the agreed delivery time is exceeded, i.e. the consignment was not delivered to the consignee within the agreed time or the delivery time that can be expected of a careful carrier taking into account the number of loading and unloading points. The carrier is liable for damage arising from excess of the delivery time up to the amount of the agreed carriage charge, unless a special interest in delivery has been agreed with the carrier pursuant to § 42 of these conditions.

§ 29 — Non-contractual claims

If claims are asserted outside the contract of carriage on grounds of liability for damage to, loss or destruction of the consignment or for delay in delivery against the carrier or against any of the carrier's employees, the carrier or such employee may invoke the grounds that apply to exemption from liability, limitation of liability and the carrier's compensation obligation under the contract of carriage. This does not apply if the act was committed intentionally or through gross negligence or in the knowledge that damage would most probably arise.

§ 30 — Notification of damage

If damage to the consignment is discovered during carriage, the carrier is obliged to notify the consignor of this and to request further written instructions from the consignor for the continuation of the carriage. The consignor shall communicate its instructions to the carrier in a manner corresponding to the exercise of the right of disposal over the consignment being carried.

§ 31 — Condition of the consignment upon unloading

1. Upon acceptance of the consignment from the carrier, the consignee is obliged to check together with the carrier the condition of the consignment and to notify the carrier of reservations regarding the consignment being accepted — its quantity, apparent damage or packaging — or any other reservations it considers important for the condition of the consignment. Acceptance of the consignment by the consignee from the carrier occurs at the moment the consignment leaves the loading space of the vehicle. Reservations must be notified by the consignee to the carrier immediately and either entered in the consignment note or a record of the condition of the consignment drawn up, which however is binding on the carrier only if signed by the carrier or driver. General, vague or confused reservations by the consignee postponing the date of inspection, or a reservation regarding apparent defects made by the consignee after acceptance of the consignment, are ineffective against the carrier.
2. If the condition of the consignment has been properly assessed by the consignee and the carrier, evidence to the contrary of such assessment is only admissible if the damage or losses were obviously imperceptible. This applies only on the condition that the consignee sent written reservations to the carrier within seven days of such assessment, not counting Sundays and public holidays recognised by the state.
3. The day of delivery of the consignment or, as the case may be, the day of assessment of the condition of the consignment or the day on which the consignment was handed to the consignee shall not be counted in the periods referred to in this paragraph.
4. The consignee and the carrier are obliged to facilitate each other in making the necessary assessments and investigations into the condition of the consignment.

§ 32 — Costs of damage assessment

In the event of damage to the consignment, the costs of minimising the damage incurred shall be borne by the carrier in addition to compensation for damage to the consignment, provided that the carrier is liable for the damage to the consignment.

§ 33 — Claims (complaints)

1. The entitled person must assert a claim for damage to the consignment with the carrier no later than six months from the date of delivery of the consignment to the consignee, and if the consignment was not delivered to the consignee, no later than six months from the date on which it should have been delivered by the carrier.
2. In the claim, the entitled person is obliged to assert the claim for compensation for damage. If the entitled person knows the amount of the damage claimed, it must notify the carrier of this and substantiate it with documents proving the claimed amount of damage.
3. The carrier is obliged to communicate its position on the claim to the entitled person no later than three months from receipt of the claim, or within the same period to communicate to the entitled person the reasons why it is not possible to communicate its position on the claim.
4. Claims against the carrier and the carrier's position must be made in written form.

§ 34 — Burden of proof

1. If the carrier invokes grounds for exemption from liability, the carrier bears the burden of proof and must prove the grounds for exemption it invokes.
2. The following circumstances are considered special risks in carriage: (a) use of open vehicles without tarpaulins where the use of such vehicles was agreed; (b) handling, loading, stowage or unloading of the consignment performed by the consignor, the consignee or persons acting on their behalf; (c) carriage of a consignment whose natural character renders it liable to total or partial loss or to damage — especially through breakage, rust, internal deterioration, desiccation, leakage, normal wastage, or the action of insects or rodents; (d) insufficiency or defective condition of marks or numbers on individual pieces of the consignment; (e) carriage of live animals.
3. If the carrier shows that, in view of the circumstances of the particular case, the loss, damage or destruction could have arisen from one or more of the special risks referred to in the preceding provision, it shall be presumed that it arose therefrom. The entitled person may, however, prove that the damage was not caused, either totally or in part, by one of those risks. The legal presumption in this paragraph does not apply in the case of the provision governing use of open vehicles without tarpaulins, if the loss is unusually large or if a single piece of the consignment being carried by the carrier is lost.
4. If the carrier is contractually obliged to specially protect the consignment against meteorological, temperature and humidity effects, vibrations and similar effects, the carrier may not in such cases invoke the grounds set out in para. 2 for shifting the burden of proof if it did not observe all prescribed measures and special instructions given to it, particularly regarding its selection, deployment and use of appropriate road vehicles or their equipment.

§ 35 — Successive carriers

1. If the carriage is performed by successive carriers, each carrier who accepts the consignment and the consignment note assumes responsibility under these conditions and becomes a party to the contract of carriage on the terms set out in the consignment note.
2. The carrier who delivers the consignment shall act on behalf of the second and all subsequent carriers when exercising the right to the carriage charge and all other rights arising from the contract of carriage.

§ 36 — Claims against successive carriers

1. Claims concerning the liability of successive carriers for total or partial loss of or damage to the consignment may be brought against the first carrier, the last carrier or the carrier who was performing the carriage at the time when the loss, damage or delay occurred. A claim may be brought against several of these carriers at the same time.
2. If the loss, damage or delay cannot be attributed to any particular carrier, the liability for compensation is apportioned between all carriers in proportion to their share of the carriage charge.

§ 37 — Right of recourse between carriers

1. A carrier who has paid compensation in accordance with these conditions shall have a right of recourse in respect of the compensation paid, together with interest and costs, against the carrier or carriers responsible for the loss or damage.
2. Where the responsibility cannot be attributed to a specific carrier, the compensation shall be apportioned between all carriers in proportion to their share of the carriage charge, unless it is proved by one or more carriers that the loss did not occur on their section.

§ 38 — Limitation period

1. The limitation period for claims arising from the contract of carriage is one year. However, in the case of wilful misconduct or gross negligence, the limitation period is three years.
2. The limitation period begins to run: (a) in the case of partial loss, damage or delay in delivery — from the date of delivery; (b) in the case of total loss — from the 30th day after the expiry of the agreed delivery time, or if no delivery time was agreed, from the 60th day after the carrier's acceptance of the consignment; (c) in all other cases — from the expiry of three months after the conclusion of the contract of carriage.
3. A written claim shall suspend the limitation period until the date on which the carrier rejects the claim in writing and returns the documents attached thereto. If a part of the claim is admitted, the limitation period shall resume only in respect of that part of the claim still in dispute.

§ 39 — Liability for value of consignment

1. When the carrier is liable for compensation in respect of total or partial loss of goods, such compensation shall be calculated by reference to the value of the goods at the place and time at which they were accepted for carriage.
2. The value of the goods shall be fixed according to the commodity exchange price or, if there is no such price, according to the current market price, or if there is no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.
3. Compensation shall not, however, exceed CZK 1,000 per kilogram of gross weight short.
4. In addition, the carriage charge, customs duties and other charges incurred in respect of the carriage of the goods shall be refunded in full in case of total loss and in proportion to the loss sustained in case of partial loss; no further damages shall be payable.

§ 40 — Liability for delay

If the entitled person proves that a loss has resulted from delay, the carrier shall be bound to pay compensation for such loss not exceeding the carriage charge, unless the consignee proves that a special interest in delivery was declared in accordance with § 42 of these conditions.

§ 41 — Higher declared value and special interest in delivery

1. The consignor may, against payment of a surcharge to be agreed upon, declare in the consignment note a value for the goods exceeding the limit laid down in § 39 para. 3 of these conditions. In that case the declared amount may be substituted for that limit.
2. The consignor may, against payment of a surcharge to be agreed upon, fix the amount of a special interest in delivery, in the event of loss or damage or of the agreed time-limit being exceeded, by entering such amount in the consignment note.

§ 42 — Special interest in delivery

If a special interest in delivery has been agreed, compensation may be claimed, over and above the compensation provided for in §§ 39 and 40 of these conditions, equal to the additional damage proved up to the amount of the declared interest, unless the carrier proves that the circumstances giving rise to the special interest did not exist.

§ 43 — Invalidity of stipulations contrary to these conditions

Subject to the provisions of § 41, any stipulation which would directly or indirectly derogate from the provisions of these conditions shall be null and void. The nullity of such a stipulation shall not involve the nullity of the other provisions of the contract of carriage. In particular, a benefit of insurance in favour of the carrier or any other similar clause, or any clause shifting the burden of proof shall be null and void.

§ 44 — Carriers acting as forwarders

When a carrier in performing the obligations arising from the contract of carriage acts as a forwarding agent, these conditions shall apply to such forwarding activities.

§ 45 — International carriage — CMR Convention

For international road freight transport, the Convention on the Contract for the International Carriage of Goods by Road (CMR) takes precedence over these General Conditions of Carriage. Where the CMR Convention is silent, these GCC shall apply supplementarily. The carrier is obliged to comply with all provisions of the CMR Convention for international carriage.

§ 46 — Data protection

The carrier and the consignor undertake to process personal data provided in connection with the contract of carriage in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Czech legislation on personal data protection. Each party undertakes to process personal data only to the extent necessary for the performance of the contract of carriage and to take appropriate technical and organisational measures to protect such data against unauthorised access, loss or destruction.

§ 47 — Governing law and jurisdiction

Legal relations arising from the contract of carriage are governed by the law of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code. Any disputes arising from or in connection with the contract of carriage that cannot be resolved by mutual agreement shall be resolved by the competent court having jurisdiction under Czech law. By agreeing to these General Conditions of Carriage, the parties submit to the jurisdiction of the Czech courts.

§ 48 — Final provisions

These General Conditions of Carriage of Merci Trans Spedition s.r.o. come into force upon their publication on the company's website. They apply to all contracts of carriage concluded after their entry into force. Merci Trans Spedition s.r.o. reserves the right to amend these conditions. Any amendments shall be published in the same manner as the original conditions and shall come into force on the date of their publication. Contractual relationships established before the entry into force of any amendments shall remain governed by the version of the conditions in force at the time of conclusion of the contract, unless the parties agree otherwise. By ordering transport services from Merci Trans Spedition s.r.o., the consignor confirms that it has read these General Conditions of Carriage and agrees to them in their entirety.

Merci Trans Spedition s.r.o. • IČO: 19164190 • DIČ: CZ19164190 • Rezlerova 295/32, 109 00 Prague, Czech Republic