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GENERAL TERMS AND CONDITIONS of Cargobolt s. r. o.,

This contract is available in several languages. In case of questions of interpretation and inconsistencies, the Slovak version shall prevail.

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") govern the legal relations between Cargobolt s. r. o., with registered office: Medená 111/33, Bratislava - Staré Mesto 811 02, Slovak Republic, registered in the Commercial Register of the Municipal Court of Bratislava III, Section: Sro, Insert No.: 173111/B, ID No.: 55 732 372, VAT ID No.: 2122092401, VAT ID No.: SK2122092401 (Cargobolt s. r. o. is a payer of value added tax), bank account: IBAN: SK2311000000002946158780
("Cargobolt")

and any person who orders the Shipment from Cargobolt / is the sender of the Shipment or other services related to the Shipment (hereinafter referred to as the "Customer"),

(Cargobolt and the Customer together hereinafter referred to as the "Parties").

These GTC in accordance with § 273 of the Commercial Code regulate in more detail the rights and obligations of the Parties from their mutual contractual relations based on the Contract as a forwarding contract (§ 601 et seq. of the Commercial Code) and, where applicable, a contract of carriage (§ 610 et seq. of the Commercial Code). Commercial Code), the subject matter of which is Cargobolt's obligation to provide Transportation of the Shipment from the Place of Loading to the Place of Unloading and the Customer's obligation to pay Cargobolt the Transportation Fee as consideration for this activity, or other payments for the provision of services (hereinafter collectively referred to as "Transportation"). Cargobolt shall be solely entitled to select a transport partner appointed by Cargobolt to perform the Carriage (hereinafter referred to as "Transport Partner") to the Customer or to perform the Carriage itself in the performance of the obligation to provide the Carriage.

In matters not covered by the relevant Contract, these GTC shall apply. The Customer shall be sufficiently notified of the GTC and shall have the opportunity to familiarise himself with them before concluding the Contract with Cargobolt. Cargobolt is the operator of the Website www.cargobolt.eu.

The GTC form an integral part of any Contract concluded between Cargobolt and the Customer for the purpose of arranging Transport, and by ticking the box before the Customer submits an electronic pre-order on the Website, the Customer expresses that he/she has read these GTC, fully understands their content and agrees to them without reservation. By concluding the Contract, the Customer confirms that he/she has read these GTC, fully understands their contents and accepts them without reservation. In case of doubt, the Customer shall be deemed to express his/her agreement to the wording of the GTC or this agreement shall be deemed to be reiterated by the Customer at the latest at the moment of handing over the Shipment to Cargobolt or the transport partner for Transport.

By concluding the Contract for the provision of Transportation, the Parties accept that the resulting contractual relationship will be governed by these GTC and the relevant applicable legal norms of the Slovak legal system, in particular the Commercial Code.

The Customer's terms and conditions of business or any other terms and conditions of a general or individual nature are not applicable to the contractual relationship established by the Contract between Cargobolt and the Customer, their application to the said contractual relationship is expressly excluded.

1.1.1. Email contact and telephone contact to Cargobolt is:
E-mail: info@cargobolt.eu
Tel: +421 911 557 323

1.1.2. The address for sending documents is:
Cargobolt s. r. o., Medená 111/33, Bratislava - Old Town 811 02, Slovak Republic

X 1.2 Definitions of terms used in the GTC:

Enquiry - a unilateral legal act of the Customer addressed to Cargobolt, usually made via Cargobolt's electronic pre-order form using the Website, or in person, by telephone or in any other form, with the aim of bindingly ordering Cargobolt's Transportation by confirming the Price Offer after obtaining a Price Offer from Cargobolt.

Quotation - a unilateral legal act of Cargobolt addressed to the Customer, usually in the form in which the Customer has made an Enquiry, in particular in writing by electronic means, in order to make a binding offer of Carriage to the Customer, the confirmation of which by the Customer shall create a Contract between the Parties to the Contract.

Confirmation - a unilateral legal act of the Customer addressed to Cargobolt, generally in the form in which Cargobolt has implemented the Price Offer, in particular in writing by electronic means, in order to implement the approval and confirmation of the Price Offer and the GTC to Cargobolt, the confirmation of which by the Customer shall create a Contract between the Parties to the Contract.

Carriage Charge - Carriage Charge means the agreed price for the performance of the Carriage, i.e. for the execution of the relocation of the Shipment within the framework of international carriage and/or domestic carriage according to the terms and conditions negotiated in the Quotation to which the Confirmation has been made.

Recipient - the person to whom the Shipment is to be delivered, which may be the same person as the Customer.

Place of Loading - the point of address, unless otherwise specified in these GTC, at which the Shipment to be transported by Cargobolt for the Customer is to commence.

Place of Unloading - the point of address, unless otherwise specified in these GTC, at which the Shipment to be transported by Cargobolt for the Customer is to end.

Commercial Code - Act No. 513/1991 Coll. Commercial Code as amended.

Entrepreneur - a natural or legal person who, when concluding and performing the Contract with Cargobolt, acts within the scope of his/her trade, other business activity or profession, or a person acting on his/her behalf or on his/her account.

GTC - these General Terms and Conditions.

Force Majeure (lat. vis maior) - means an event occurring independently of the will of the Contracting Parties which prevents one of the Contracting Parties from fulfilling its obligations under the Contract, unless it can reasonably be assumed that the Contracting Party concerned could have averted or overcome the event or its consequences, or that it could have foreseen the event at the time when the obligation towards the other Contracting Party arose.

Website - the website operated by Cargobolt on the domain name www.cargobolt.eu.

Transport unit - an object intended for the purpose of handling the Shipment (e.g. carton, pallet, box, crate, package, etc.)

Handling Unit - one separate or complete part of the Shipment intended for Carriage (including the Transport Unit and packaging), capable of independent handling.

Shipment - a single Handling Unit and/or a complete set of several Handling Units forming a single unit intended for Carriage.

Contract - a forwarding contract (Art. 601 et seq. of the Commercial Code) and/or a contract of carriage (Art. 610 et seq. of the Commercial Code), the subject of which is the obligation of Cargobolt to arrange for the Carriage of the Shipment from the Place of Loading to the Place of Unloading and the obligation of the Customer to pay Cargobolt the Carriage Fee for this activity, or other payments for services rendered or costs incurred, as the case may be.

1.3 Cargobolt informs the Customer that there are no specific applicable codes of conduct that Cargobolt undertakes to comply with in the performance of its rights and obligations under the Contract.

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II. Inquiry/ Quotation/ Confirmation/Contract Conclusion

2.1. The Customer shall address a request for the provision of Transportation to Cargobolt in the form specified for the Request, which, if not made via Cargobolt's electronic pre-order form using the Website, shall generally contain data identical to the data required by Cargobolt's electronic pre-order form on the Website, such as the Customer's name, email and telephone contact, date of loading, date of unloading, Place of loading within the postal code (postcode) or the name of the town (city), Place of unloading within the postal code (postcode) or the name of the town (city), weight and length of the Shipment and other information about the Shipment, in particular specific features (e.g. The specific specification of the Shipment must also be made by indicating its type/type if it contains items falling under the regime of the Agreement concerning the International Carriage of Dangerous Goods by Road - ADR (gases, explosives, flammable liquids, combustible solids, oxidizing substances, toxic substances, corrosives, radioactive materials and various hazardous substances) or if its contents are subject to a special regime (e.g., if it is not subject to the Agreement concerning the International Carriage of Dangerous Goods by Road - ADR) or if its contents are subject to a special regime (e.g. used electrical and electronic equipment, specimens subject to the regime of the Convention on International Trade in Endangered Species of Wild Fauna and Flora - CITES, etc.).

The Customer is obliged to provide Cargobolt with the correct data and information regarding the Shipment, as well as the documents relating to the Shipment, otherwise the Customer shall be liable for damages caused by Cargobolt's breach of this obligation.

Submission of the electronic pre-order form via the Website is conditional upon the Customer confirming that he/she has read the Terms and Conditions within the pre-order form and giving his/her informed consent to the Terms and Conditions.

2.3 Upon receipt of the Customer's Enquiry and any further communication from the Parties, Cargobolt shall issue and send to the Customer a Quotation. The Quotation shall always include the price of the Carriage. The price of the Carriage is final. Customs costs, import and export charges and other costs will be charged by Cargobolt on a 1:1 basis in addition to the price of the Carriage at their actual amount, if any.

Cargobolt submits a proposal for the conclusion of the Contract to the Customer just by sending the Price Offer. Cargobolt sends the Quotation to the Customer in a manner similar to the Customer's sending of the Enquiry to Cargobolt. Cargobolt will generally use the same method for sending the Price Offer as the Customer used for sending the Inquiry. In particular, Cargobolt shall specify in the Quotation:

Date of loading
Place of loading - in this case, the postcode (postal code) or the name of the municipality (town) is sufficient as the address point
Date of unloading
Place of unloading - in this case, the postcode (postal code) or the name of the municipality (town) is sufficient as the address point
Shipment - indication of the Handling Units and for each of them the weight, length of the Shipment, other information about the Shipment, in particular specific features (e.g. type of goods, type, fragility, etc.), number of Transport Units; special specification of the Shipment must also be made by indicating its type/type if it contains items falling under the regime of the Agreement concerning the International Carriage of Dangerous Goods by Road - ADR (gases, explosives, flammable liquids, combustible solids, oxidizing substances, toxic substances, corrosives, radioactive materials and various hazardous substances) or if its contents are subject to a special regime (e.g., if it is not subject to the Agreement on the International Carriage of Dangerous Goods by Road - ADR) or if its contents are subject to a special regime (e.g. used electrical and electronic equipment, specimens subject to the regime of the Convention on International Trade in Endangered Species of Wild Fauna and Flora - CITES, etc.)
the value of the Shipment if the Shipment is subject to duty
other relevant features of the requested Carriage, if specified in the Customer's Inquiry or communicated by the Customer in further communication between the Parties
the amount of the price of the Carriage excluding VAT and indicating the relevant currency
the time of issue of the tax document - invoice (hereinafter referred to as the "Invoice"), its sending to the Customer and the due date of the Invoice
the period of validity of the Price Offer, if it is to be different from the general period of validity specified in the GTC.

The quotation shall always be in writing and shall be valid for the period defined in the quotation, otherwise not longer than 1 hour from the moment of sending it to the Customer. The submitted Price Offer includes the GTC in .pdf format for reading and printing for the purpose of familiarisation with them by the Customer. The Quotation, as a proposal for the conclusion of the Contract, shall expire in its entirety if it has not been accepted by the Customer within the period of validity specified in the Quotation, otherwise within the general period of validity pursuant to these GTC.

2.4 Any information about the price of Carriage, services or costs provided by Cargobolt to the Customer other than in the Quotation is indicative only and such information is not and shall not be deemed to be part of the proposal to enter into the Contract. Cargobolt shall be entitled to withdraw the Quotation until Confirmation.

2.5 In terms of the GTC, the Contract shall be concluded at the time of Confirmation when the Customer confirms to Cargobolt its acceptance of the Price Quote during the validity period of the Price Quote, which shall not imply any reservation by the Customer.

2.6 By confirming, the Customer expresses his/her acceptance of the GTC and confirms that he/she has read the GTC, fully understands their content and accepts them without reservation.

2.7 Further details and further information regarding the Carriage (e.g. the exact address point of the Place of Loading / Place of Unloading) or the Shipment shall be agreed between the Parties after Confirmation, and the Customer undertakes to respond promptly to further enquiries from Cargobolt and to provide Cargobolt with all necessary assistance.

2.8 Cargobolt reserves the right not to respond to an Enquiry by further communication and/or by sending a Quotation.

2.9 In the event that the Customer performs a Confirmation or other similar act without receiving a Price Quote or fails to confirm the Price Quote without reservation or performs a Confirmation with a proposal different from the Price Quote, the Contract shall not be formed and the Price Quote shall be deemed to be cancelled.

2.10 All communications between the Parties, notices or clarifications by the Parties for the purposes of the Quotation or other communications after Confirmation shall be in writing and electronic communications shall be sufficient if properly addressed. The foregoing shall also apply to the delivery of Invoices to the Customer. It is the Customer's responsibility to communicate the correct address/contact and any changes.

2.11. The existence of any document of Carriage confirmed by Cargobolt or the transport partner confirming the Carriage, in particular a bill of lading within the meaning of the International CMR Convention, a receipt of the consignment by the transport partner, a bill of lading, a delivery note, etc., shall also be deemed to be a fact confirming the formation of the Contract.

2.12. Cargobolt reserves the right to refuse Carriage, even after Confirmation, if the Shipment or the documents that should have been handed over to Cargobolt / transport partner together with the Shipment, or other information provided by the Customer, do not meet the agreed conditions or do not correspond to reality. In the event of additional discovery of non-conforming conditions, incorrect information or defective documents, Cargobolt shall be entitled to immediately terminate the Carriage, claim the Carriage Fee and charge the Customer an additional fee, but not less than 1/3 of the agreed amount of the Carriage Fee.

2.13. In the event of any doubt as to the Shipment or its characteristics (in particular the type, contents, price, value, weight, dimensions, packaging or other particulars), the information provided by Cargobolt or the transport partner shall prevail.

2.14. Any pre-contractual liability of Cargobolt is excluded and no act of Cargobolt prior to the formation of the Contract shall give rise to the Contract.

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III. Payment terms

3.1 The Customer is obliged to pay the Carriage Charge for the performance of the Carriage duly and on time, as a rule after the performance of the Carriage, unless otherwise agreed. The Carriage shall be invoiced by Cargobolt in accordance with the Quotation on the basis of the Invoice. The due date of the Invoice is 14 (in words: fourteen) days, unless otherwise agreed. Unless otherwise stated in the Quotation, the Carriage Charge shall be deemed to be exclusive of value added tax and all other taxes. Services related to the Carriage are charged in excess of the Carriage Fee, unless so indicated in the Quotation. Customs and other costs are always charged in excess of the Freight Charge, in a 1:1 ratio to the costs incurred by Cargobolt, if any.

3.2 The freight charge is payable:
a/ by bank transfer to Cargobolt's account at the time the Invoice is due, or
b/ by prepayment by bank transfer to Cargobolt's account on the basis of the Invoice or the Advance Invoice, if so stated in the Quotation; in the case of prepayment, performance of the Carriage shall take place only after the invoiced amount has been credited to Cargobolt's account in due and timely manner.

3.3 Together with the Carriage Charge, Cargobolt shall be entitled to account for all costs and other expenses incurred by Cargobolt or the Transport Partner which were necessary in the interests of the proper performance of the Carriage, the prevention of damage or the protection of the Customer's interests, or incurred by Cargobolt or the Transport Partner in connection with the Carriage, or in connection with the remedying of any consequences of a damage event arising during and/or in connection with the Carriage of the Shipment or the passing of the same, as the case may be.

3.4 The Customer undertakes to pay Cargobolt the Transport Fee as well as other services and costs invoiced by Cargobolt or the transport partner within the due date of the Invoice. The invoice will be delivered to the Customer electronically by email.

3.5 In the event of delay by the Customer in payment of the amount due, the Customer undertakes to pay Cargobolt a contractual penalty of 0.05% of the amount due for each (even commenced) day of delay, which the Customer expressly agrees to and considers reasonable. Cargobolt's right to statutory default interest or damages arising from the Customer's failure to fulfil the monetary debt shall remain unaffected.

3.6 The Parties declare that the amount of the Freight Charge and other arrangements regarding payment terms are in accordance with commercial practices in international carriage and domestic carriage, are not unfair to either Party and are unreservedly accepted and accepted by the Parties.

3.7 By accepting a Shipment, the Consignee becomes the Customer's guarantor for Cargobolt's claim for Carriage, at least to the extent of the Carriage Charge as set out in the Quotation and Confirmation.

3.8. The Parties further agree that Cargobolt shall be entitled to unilaterally increase the Carriage Charge in the event that as a result of (i) the adoption of a change and/or a change in the interpretation of any law, measure, official notice or other generally binding regulation after the Confirmation Date, (ii) the adoption of and/or a change in any measure or official notice of any public authority (including an authority of a foreign state) after the Confirmation Date, (iii) the assertion of any private or public law claim (including claims against the Transport Partner as guarantor) by any person, body, institution, authority (including a foreign authority) under any applicable or future effective minimum wage compliance legislation by an Employee, any costs incurred by Cargobolt or the Transport Partner (in particular as a result of the payment or increase of any tax, toll, duty, fee, penalty, fine or other similar payment or expense) in the performance of the Carriage will be increased. The increase in the Carriage Charge will be commensurate with the increase in Cargobolt's or the Transport Partner's costs.

3.9 In the event that the Customer defaults on payment of any monetary obligation under the Contract to Cargobolt for more than 10 days:
a/ all and any monetary obligations under the Contract shall become due and payable,
b/ Cargobolt is entitled to stop further Carriage.

3.10 The Customer is obliged to provide Cargobolt, at any time upon request, with immediate information about its economic situation to the extent necessary to assess its ability to meet its obligations to Cargobolt.

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IV. Rights and Obligations of the Parties

4.1 The Customer is obliged to pay Cargobolt the agreed Transportation and other services or costs incurred by Cargobolt or the transport partner in connection with the performance of the Transportation.

4.2 If special documents are required for the performance of the Carriage, the Customer is obliged to hand them over to Cargobolt or to the transport partner at the latest when the Shipment is handed over for Carriage at the Place of Loading. The Customer shall be liable for any damage caused to Cargobolt by their failure to hand them over or their defectiveness. In the event that the data contained in the Quotation against which the Confirmation has been made differs from the data contained in particular in the issued bill of lading or any other document handed over, the Customer is obliged to rectify the discrepancy without undue delay and to bring the written data which is in conflict into conformity with the facts. Until the Customer has rectified the discrepancy, the Customer shall not be entitled to claim Carriage and Cargobolt shall be entitled to claim reimbursement from the Customer for the costs incurred.

4.3 The Customer is responsible for the proper loading of the Shipment at the Loading Point, in particular on the truck, securing, inspecting and securing the Shipment against possible damage during Carriage. The Customer is responsible for ensuring that the packaging, stowage and loading of the Consignment on the storage area of the vehicle is such that, taking into account the nature and characteristics of the Consignment, neither damage and/or destruction of the Consignment nor damage to the vehicle by the Consignment will occur under the normal risks of Carriage. The Customer acknowledges that Cargobolt or the Transport Partner does not test whether the Shipment by its nature requires packaging or whether the packaging used is proper or sufficient. The Customer shall be liable for any damages incurred by Cargobolt or the Transport Partner in the course of Carriage due to defective and/or insufficient packaging of the Shipment, the Handling Unit or as a result of the Customer's failure to perform any obligation.

4.4 The Customer shall be responsible for observing the loading and unloading dates of the Shipment as specified in the Price Offer, unless otherwise agreed.

Unless otherwise agreed, the Customer undertakes to arrange loading of the Shipment no later than 2 (two) hours from the time of the vehicle's docking at the Shipment's loading point or from the time of notification of said docking by Cargobolt or the transport partner (by telephone or electronically) in the event that the notification was made after the docking has taken place; similarly, the Customer undertakes to arrange for the unloading of the Shipment to the Consignee or other authorised person no later than 2 (two) hours from the time of the vehicle's arrival at the Place of unloading of the Shipment or notification of the said arrival by Cargobolt or its transport partner (by telephone or electronically) in the event that the notification followed after the arrival.

4.5 If damage to the Shipment is imminent or has already occurred, the Customer is obliged to give Cargobolt or the transport partner the necessary instructions to the Shipment and to minimize the damage without undue delay, while the costs related to such handling of the Shipment and the minimization of the damage shall be borne by the Customer.

4.6 The Customer may mutually agree with Cargobolt to change the Loading Place / Unloading Place no later than 24 hours prior to the time of collection of the shipment, whereby the Customer must confirm a new Quotation in which the amount of the Freight Charge will be changed according to the difference in distance for freight transport determined by comparing the new Loading Place / Unloading Place with the originally designated Loading Place / Unloading Place at the rate of 2 EUR excluding VAT / km. Upon confirmation of the new Quotation, the original Contract based on the original Quotation and its Confirmation shall be terminated. The creation of a new Contract by the Customer by Confirmation of the new Quotation shall not affect the Customer's obligation to pay the costs, if any, incurred by Cargobolt in connection with the procurement of the originally agreed Carriage or associated with the cancellation of the original Carriage.

4.7 The Customer is entitled to terminate the Carriage during the term of the Contract:
a/ before loading the Shipment, unilaterally on the basis of his written or electronic message addressed to Cargobolt
b/ at any time after the Shipment has been loaded, based on and by mutual written agreement of the Parties.

In case of cancellation of the Carriage by the Customer, the Customer is obliged to pay Cargobolt a fee of 1/3 of the price of the Carriage in case of cancellation more than 24 hours prior to the carriage, ½ 24 hours prior to the carriage, 100% after the goods have been loaded, but always a minimum of EUR 150.00 excluding VAT. In the event of termination of the Carriage, the Customer is also obliged to reimburse Cargobolt for all costs already incurred and to pay the Carriage Fee for the part of the Carriage already carried out.

4.8 Cargobolt shall not be liable for any delay, loss or damage caused by circumstances beyond its control. Unless otherwise agreed by the Parties, the terms agreed in the Contract shall be extended accordingly for the duration of such circumstances. Such circumstances include, but are not limited to, "Acts of God" - for example, earthquake, cyclone, storm, flood, fog; "Force Majeure Events" - for example, war, aircraft crash, traffic accidents and traffic jams or embargoes; any defect or characteristic relating to the nature of the Shipment, even if known to Cargobolt; demonstrations or civil disturbances; any act or omission of any person who is not an employee or contractor of Cargobolt, such as the shipper, transport partner, Consignee, third party, customs authorities or other governmental authorities; industrial action by employees; electrical or magnetic damage to or erasure of electronic or photographic records, data or recordings.

4.9 The Customer or the Consignee (Authorised Person) shall be obliged to examine / inspect each Shipment with due care immediately after delivery of the Shipment and to make a written record of any defects in the Shipment, packaging or Handling Unit, which shall be confirmed by the transport partner and to inform Cargobolt in writing without delay. The Customer shall immediately notify Cargobolt or the transport partner of any obvious defects in writing upon receipt of the Shipment.

4.10. Defects can only be accepted if they are claimed from Cargobolt immediately, at the latest within 7 (seven) working days after receipt of the Shipment, in writing. The claim of defect must be clear as to which Customer's Carriage it relates to and the Customer is obliged to enclose with the claim of defect a copy of the relevant delivery note, bill of lading, etc.

4.11. Any claims for damages shall be filed and proven by the Customer with Cargobolt within 3 (three) months of the occurrence of the damage at the latest, otherwise the Customer's claim for damages shall be extinguished.

4.12. Claims arising from damage, loss or destruction of the Shipment and from late delivery of the Shipment shall be time-barred against Cargobolt or the transport partner pursuant to § 399 of the Commercial Code.

4.13. Cargobolt shall be entitled to immediately withdraw from the Contract in cases where, in particular:
a/ after the conclusion of the Contract (e.g. during loading) it becomes apparent that
i. The Shipment is not properly or sufficiently packed, or if there are other reasons for which it can be reasonably assumed that the Shipment will be damaged during Carriage, unless the deficiency can be remedied during loading,
ii. documentation is not handed over to the transport partner together with the Shipment, the absence of which raises the risk of damage to the Shipment (e.g. handling documentation) or the risk of administrative sanctions (especially customs documentation),
iii. The Shipment actually exceeds the dimensions and/or other physical parameters stated in the Price Offer (e.g. weight, number of Handling Units) and the circumstances of the case make it impossible to load the Shipment into the vehicle for these reasons;
b/ The Customer or any other person authorised by the Customer fails to ensure that the consignment is properly and safely loaded, stored and/or secured in the vehicle,
c/ the Customer's property has been declared bankrupt or restructured, has entered into liquidation or has decided to dissolve itself,
d/ the procurement of the Shipment could lead to the commission of a criminal offence or a violation of generally applicable law,
e/ the Customer has materially breached the Contract or the Customer has not materially breached the Contract and has not remedied the consequences of the breach even within an additional reasonable period of time specified by Cargobolt,
f/ in other cases provided for in these GTC, in the framework forwarding contract or in the Contract.

4.14. If Cargobolt (or the transport partner) discovers, upon handing over the Shipment for Carriage, facts justifying a procedure with the consequences of withdrawal from the Contract, Cargobolt shall be entitled to immediately stop the procurement of Carriage of the Shipment, or to stop/refuse to hand over the Shipment to the transport partner, and subsequently, without undue delay, to deliver to the Customer a written cancellation of the Contract.

4.15. If Cargobolt (or the transport partner) discovers grounds for Cargobolt's withdrawal from the Contract during the Carriage, Cargobolt shall deal with the Shipment in accordance with generally applicable law and, where the nature of the matter so requires (e.g. hazardous Shipments or unauthorised Shipments), Cargobolt shall be entitled to instruct the transport partner to remove the Shipment and store, destroy or dispose of it, or to take any other appropriate action. Cargobolt's option to withdraw from the Contract is not affected.

4.16. Cargobolt shall in all circumstances be entitled to compensation for damages and all costs incurred in connection with the Customer's breach of duty or the occurrence of a reason for withdrawal from the Contract (e.g. penalty charged to Cargobolt by its transport partner, order processing costs), even if Cargobolt has not exercised the option to withdraw from the Contract and the Customer's breach of the Contract has resulted in Cargobolt incurring additional costs due to the Customer's fault (e.g. additional costs incurred by Cargobolt to repack an unsuitably packed Shipment).

4.17. The Customer may mutually agree with Cargobolt to change the scope of the Shipment by increasing the number of Shipping Units and/or Handling Units and/or by increasing its weight at the latest at the time of collection of the Shipment, whereby a new Quotation must be confirmed by the Customer, in which the amount of the Carriage Fee will be increased according to the agreed difference - increase in the scope of the Shipment. Upon confirmation of the new Quotation, the original Contract based on the original Quotation and its Confirmation shall terminate. The creation of a new Contract by the Customer's Confirmation of the new Quotation shall not affect the Customer's obligation to pay Cargobolt for costs, if any, incurred in connection with the procurement of the originally agreed Carriage or associated with the cancellation of the original Carriage.

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V. Special provisions

5.1 The Customer shall at all times be responsible for payment of the Transportation Fee and other costs associated with the Transportation ordered from Cargobolt and undertakes to pay these directly to Cargobolt. The Carriage Fee, services and costs associated with the Carriage are payable at the latest upon acceptance of the Shipment for Carriage, unless otherwise agreed. The Customer acknowledges that Cargobolt has a lien on the Shipment pursuant to Section 608 of the Commercial Code and that if there is a monetary liability of the Customer, Cargobolt is entitled to proceed in accordance with Section 608 of the Commercial Code, or to set off mutual claims pursuant to Section 358 et seq. of the Commercial Code. Commercial Code.

5.2 Cargobolt shall have a lien on the Shipment for as long as it may dispose of it in order to secure its claims under the Contract. If several liens are attached to the Shipment, Cargobolt's lien shall take precedence over any liens that have previously accrued. Cargobolt's lien has priority over the freight forwarder's lien.

5.3 If the Shipment cannot be delivered to the Recipient or returned to the Customer in accordance with the preceding provisions, Cargobolt or the transport partner shall arrange for the storage of the Shipment; Cargobolt shall notify the Customer without delay of the storage of the Shipment. Storage costs shall be borne by the Customer.

5.4 In case of breach of obligations under clauses 3.1, 3.2 and 4.3 of these GTC, the Customer is obliged to pay Cargobolt a contractual penalty of 30% of the agreed Transport Fee for each individual breach of the Customer's obligation.

5.5 In the event of delay by the Customer in loading or unloading the Shipment, the Customer agrees to pay Cargobolt a contractual penalty in the amount of:
a/ EUR 42.00 for each 1 (one) hour of delay if the Carriage is to be carried out by a vehicle with a load capacity of up to 1200 kg,
b/ EUR 42.00 for the first two (2) hours of delay if the Carriage is to be carried out by a vehicle with a load capacity of over 1200 kg, then for each additional one (1) hour of delay.

5.6 Payment of the contractual penalty pursuant to these GTC shall be without prejudice to the right of Cargobolt or the transport partner to compensation for damages. The contractual penalty is payable according to the due date stated on the tax document - invoice by which the contractual penalty was invoiced.

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VI. Privacy Policy

6.1 Cargobolt shall be entitled to record and process for its internal use data about the Customer originating from the Customer or third parties, which has been obtained from or in connection with business relationships. The Customer acknowledges that for the purposes of the performance of the Contract or related pre-contractual negotiations, personal data of the Customer as a natural person or natural persons acting for and on behalf of the Customer may be processed in accordance with Section 13(1)(b) of Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts, as amended. For the purposes of the performance of the Contract and the Parties' mutual communication, the Parties may have a legitimate interest in the processing of personal data of contact persons, in accordance with § 13(1)(f) of Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts, as amended.

6.2 The Customer may choose to have advertising and marketing promotional materials from Cargobolt containing information about current offers, various promotions, price discounts sent to his/her address of residence/ place of business/ registered office or to his/her e-mail address. In the event that the Customer expresses an interest in receiving Cargobolt's advertising and marketing promotional materials, the Customer acknowledges that the Customer's or persons acting for and on behalf of the Customer's identification data will be stored by Cargobolt in Cargobolt's database and processed for the purpose of Cargobolt's advertising and marketing promotional activities. The Customer may withdraw consent to Cargobolt sending advertising and marketing promotional material at any time, whereupon Cargobolt will delete the Customer's personal data from its database. The legal basis for this processing of personal data is the Customer's consent as data subject, which may be withdrawn by the Customer at any time without affecting the lawfulness of the processing based on the consent given prior to its withdrawal. In relation to the personal data (name and surname, address and email address) processed for the aforementioned marketing purposes, Cargobolt will process this personal data for as long as necessary to achieve the purposes of its processing, but no longer than 24 months, at which time the consent will expire. This processing of the email address and name and surname can be considered as processing carried out on the basis of Cargobolt's legitimate interests, insofar as Cargobolt considers its legitimate interest to inform the Customer about news and offers in the field of its services.

6.3 The Customer's personal data will be disclosed to the following recipients: entities to which disclosure is required by law. Personal data will not be disclosed to a third country or an international organisation, nor will profiling take place. In connection with the processing of personal data, Cargobolt draws attention to the fact that by providing personal data to Cargobolt, the Customer acquires the status of a data subject, who has, in particular, the right of access to personal data, the right to rectification of personal data, the right to erasure of personal data, the right to restriction of processing of personal data, the right to data portability, the right not to be subject to a decision based solely on automated processing (including profiling). At the same time, the data subject has the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection of the Slovak Republic. Cargobolt shall always comply with the data subject's legitimate request to the extent technically feasible. The Customer may address any questions concerning the protection of personal data to the responsible person of Cargobolt via the following e-mail address: help@cargobolt.sk

6.4 The right to withdraw consent to the processing of personal data at any time, even before the expiry of the period for which such consent was granted, may be exercised by the data subject in the following ways: a) by email message sent to help@cargobolt.sk b) by sending a written request to the correspondence address Medená 33. Bratislava 811 02 with the text "GDPR - withdrawal of consent" on the envelope, c) in the case relating exclusively to the processing of the e-mail address in conjunction with the name and surname for marketing purposes, also according to the procedure described above.

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VII. Dispute Resolution

7.1 The Parties hereby undertake to use their best efforts to settle all disputes arising out of and/or in connection with the Contract and/or these GTC amicably.

7.2 The Parties shall attempt to resolve all disputes out of court in order to maintain good business relations. Failing this, Cargobolt shall, with the Customer acting in the capacity of a Business, settle all disputes arising between them arising out of legal relations arising under or in connection with these Terms and Conditions or the concluded Contract, including disputes as to validity, interpretation and termination, as well as disputes arising out of other legal relations arising prior to the signing of the Contract, shall be settled before the Arbitration Court of the Slovak Bar Association, Kolárska 4 813 42 Bratislava, 30 795 141 (hereinafter referred to as the "Arbitration Court") by a sole arbitrator in accordance with the internal rules of the Arbitration Court. The Parties hereby agree to supplement the jurisdiction of the Court of Arbitration to the previous legal relations between the Parties. The arbitrator shall be appointed and nominated by the Arbitral Tribunal. The decision of the Arbitral Tribunal shall be final and binding on the parties. The parties expressly agree on the possibility of the court within the meaning of Section 22a(1) of Act No. 244/2002 Coll. on Arbitration.

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VIII. Final Provisions

8.1 The parties expressly exclude the application of any of the Customer's terms and conditions to any legal relationship arising between them, even if they have been referred to or referred to by the Customer and even if they were known to Cargobolt or the transport partner.

8.2 Legal relations established by the Contract and arising from the Contract between Cargobolt and the Customer concluded in accordance with these GTC shall be governed by the law of the Slovak Republic. All disputes arising from such Contract shall be subject to the jurisdiction of the competent judicial/arbitral authorities of the Slovak Republic designated in the GTC.

8.3 The relevant provisions of Slovak law, preferably the Commercial Code, shall apply to legal relations not expressly governed by these terms and conditions or by a special agreement.

8.4 These terms and conditions are accepted by Cargobolt in accordance with Section 273 of the Commercial Code. The valid terms and conditions are published on the public and free of charge accessible Web site and everyone has the opportunity to get acquainted with them at any time. The Customer declares that prior to concluding the Contract under these GTC, he/she has had the opportunity to become sufficiently familiar with the GTC and to influence the content of these GTC by excluding the application of any article or paragraph by a special arrangement prior to concluding the Contract.

8.5 If any provision of the GTC would conflict with mandatory provisions of the applicable and effective legislation in the Slovak Republic or directly, indirectly conflict with the International Convention CMR (in the case of Carriage covered by this Convention), the provisions of these regulations shall apply, but this shall not affect the validity of the other provisions of the Terms and Conditions or the validity of these Terms and Conditions as a whole. The Parties expressly declare that the provisions of the GTC which deviate from the dispositive provisions of the law are so deviated from knowingly and also declare that, in their good faith and conscience, the provisions are not contrary to good morals, violate public policy or violate rights relating to the status of persons, including the right to the protection of personality.

8.6 Cargobolt is entitled to make a change to the GTC, whereby it is obliged to notify the Customer of the change by publishing the new GTC on its Website no later than 14 (fourteen) days prior to the effective date of the change to the GTC. The Customer is entitled to reject the changes to the GTC within 30 (thirty) days of the publication. If the Customer does not reject the amended GTC within the aforementioned period, these GTC shall be effective in the amended form from the time of the effectiveness of the amendment as determined by Cargobolt. If the Customer rejects the amended GTC within the agreed time period, the remaining articles and paragraphs, in addition to the amended provisions, shall be effective and the rejected amendment shall be judged in accordance with the law. The Customer undertakes to monitor the Website continuously and to acquaint itself with the current version of the GTC, including the wording of the GTC, at least once a week.

8.7 The Parties declare that they are aware of all the consequences arising from these GTC and the Contract, that their contractual freedom is not limited by anything and that they are not aware of any circumstances that would prevent them from concluding the Contract and accepting these GTC.

8.8 These GTC come into effect on 01.