Pets Travel Monika Mituła
ul.Osidle Wieniawa 52/7
1. These General Terms and Conditions of Carriage and Services (hereinafter referred to as the GTC) determine the provisions of contracts of carriage and additional services concluded by Pets Travel Monika Mituła ul.Osiedle Wieniawa 52/7 64-100 Leszno (hereinafter referred to as the Carrier). The carrier performs the transport of goods in domestic and international transport, including independent transport outside the Republic of Poland under the licenses and permits held, in accordance with the provisions of generally applicable law, on the basis of a transport contract and provides additional services related to transport, as well as organizes comprehensive logistics services for transport .
2. The GTC are an integral part of all contracts concluded by the Carrier, regardless of the form in which a given contract is concluded.
3. The following conditions define the provisions of contracts of carriage and additional services concluded with entrepreneurs or other entities, including consumers.
4. For the purposes of these GTC, it is assumed that “professional trade” applies only to a contract to which entrepreneurs or other entities who are not consumers in this arrangement are parties.
5. Making any commercial activity towards the Carrier is tantamount to acceptance of these GTC.
6. In professional transactions, the Parties exclude the use of any other contractual templates (general contract terms, conditions of sale, contract templates, etc.) than these GTC, including those used by the other party to the contract. The parties may change the provisions of the GTC on the basis of an individual agreement concluded in writing under pain of nullity. In relation to consumers, the GTC apply to the widest possible extent, taking into account the provisions of generally applicable law, with the proviso that the legal situation of the consumer may not be less favorable than provided for by the provisions of generally applicable law.
7. No information contained in the Carrier’s catalogues, folders and advertisements constitutes an offer within the meaning of the Civil Code, it is for information purposes only, unless explicitly stated otherwise.
8. Changes to the GTC may be made by the Carrier only in writing under pain of nullity.
9. Contact between the Parties takes place through the exchange of letters, e-mail correspondence, telephone and personal contact.
10. The GTC are available to the other party to the contract at the seat of the Carrier during the opening hours of the secretariat and on the website www.petstravel.eu
11. The carrier may conclude remote or off-premises contracts with consumers. In this regard, the Carrier takes into account the specific rights of the consumer.
12. With regard to international transport, the provisions of the GTC apply only if applicable regulations and international agreements do not provide otherwise.
1. The Carrier shall respond to the inquiry in the form of an offer or an invitation to negotiations as soon as possible. Correspondence should be in writing or in electronic form. In the case of acceptance of the offer by the Ordering Party or reaching an agreement crowning the negotiation process, the contract is considered concluded. For the avoidance of doubt, the Ordering Party may be required to sign the final terms of the agreed order. On this basis, the Carrier confirms the acceptance of the order for execution. so-called tacit acceptance of the order, even in the case of maintaining permanent economic relations between the Parties, is excluded.
2. In order to prepare the offer, the Ordering Party must provide:
A. full details of the Ordering Party, in particular address (including contact telephone number and e-mail address) and NIP,
B. address of the sender (if it is not the Ordering Party) and his address details (including contact telephone number and e-mail address)
C. the address of shipment and collection and the preferred date for the performance of the transport,
D. full details of the Recipient, in particular address details (including contact telephone number and e-mail address),
E. the species or breed of the transported animal and its distinguishing marks,
F. animal chip or tattoo,
G. date of birth of the animal,
H. any other data concerning the animal affecting the manner of transport (in particular, appearance, health condition)
3. Based on the data provided by the Ordering Party, the Carrier determines the optimal route of transport and means of transport. The carrier proposes an available date, taking into account in particular its logistical capabilities and the requirements of veterinary authorities along the route. If the presented conditions are accepted by the Ordering Party, he is obliged to make a reservation in any document form (including electronic form, including e-mail confirmation).
4. Immediately after booking the date, the Ordering Party will receive a transport contract and a list of transport requirements and documents needed for the proper performance of the transport (the so-called check list). The Ordering Party is obliged to sign a contract of carriage or in any other unquestionable way express a declaration of intent to conclude a contract according to the content provided by the Carrier5. Due to the veterinary requirements, only healthy and transportable animals may be qualified for transport. The exception are animals transported to veterinary surgeries and clinics on the written order of a veterinarian.
6. The Ordering Party is obliged to check on its own whether the transported animal meets the requirements presented by the Carrier. The Ordering Party bears full responsibility for preparing the animal for transport and for any deficiencies or errors in the documentation needed for transport (this does not apply to the situation in which the Carrier took over the service of supplementing the documentation).
7. In dealing with the consumer, the Carrier is obliged to instruct the Ordering Party about the requirements of veterinary authorities and the expected dates of obtaining documents necessary for transport.
8. The Carrier informs the Ordering Party what documentation must be provided to the Carrier’s driver at the time of handing over the animal for transport. If the driver finds any deficiencies in the documentation, the animal will not be collected for transport, and the Carrier shall not be liable for non-performance of the contract.
9. The Carrier has the right, without negative consequences for the Carrier, to refuse to collect the animal for transport, if it finds at the place of collection that the animal is in an unsuitable state of health or other contractual conditions are not met.
10. The Carrier undertakes to perform transport in a manner that does not violate the legal requirements, in particular veterinary and sanitary requirements.
11. In professional trade, if the Ordering Party, after ordering the transport, changes the booking date, the Carrier reserves the right to set a new date for the performance of the contract, according to its possibilities, of which it will immediately inform the Ordering Party, and the new date shall be deemed binding for the Ordering Party (unless the Parties agree decide otherwise). In professional trade, the Carrier is entitled to recalculate the order, according to the changes made by the Ordering Party – in accordance with the Carrier’s price list, including the imposition of a fee for changing the date.
12. If the Ordering Party is a consumer and after placing the order, he makes changes to the booking date, the Carrier informs the consumer about the new date of performance of the contract. The consumer immediately confirms this date or withdraws from the contract. The Carrier is entitled to recalculate the consumer’s order, according to the changes introduced by the Ordering Party – in accordance with the Carrier’s price list. The consumer immediately confirms the new conditions for the performance of the contract or withdraws from the contract
13. In any case (including a consumer), the Ordering Party’s withdrawal from the contract after the Carrier has commenced the performance of the contract entails the necessity for the Ordering Party to cover all costs of the Carrier incurred in connection with the performance of the contract.
14. The Ordering Party (including being a consumer) may cancel the reservation (resign from performing the contract) under the following conditions:
I. free of charge – up to 14 days before the planned transport,
J. in the period from 14 days to 7 days before the planned transport, the Ordering Party will be charged with costs in the amount of 50% of the contractual remuneration indicated in the contract, regardless of the advance payment made,
K. in the period from 6 days to the day of transport, the Ordering Party will be charged with costs in the amount of 100% of the contractual remuneration indicated in the contract, regardless of the advance payment made.
15. The Ordering Party or the consignor or another person authorized by the Ordering Party may be required to confirm with a signature the fact and circumstances of the release of the animal on the model document submitted by the Carrier.
16. The Ordering Party and the Recipient will be informed verbally, by phone or by e-mail about the date and time of collection and arrival of the animal to its destination. The time of arrival of the animal to the destination is indicative and is not guaranteed by the Carrier due to road and sea conditions beyond the Carrier’s control and the need to meet veterinary requirements.
17. The Carrier does not insure the animal for the duration of the transport. This obligation rests with the Ordering Party, unless the Parties have agreed otherwise. The carrier is insured against civil liability as part of its business activity
1. The Ordering Party is obliged to pay the price for transport or other services in cash upon shipment or collection, or to the Carrier’s bank account with the number indicated in the commercial documentation or in correspondence between the Parties.
2. The date of payment is considered to be the date of crediting the amount to the Carrier’s bank account or, in the case of cash payment, on the day of sending or receiving the animal by the ordering party.
3. In professional trade, the Carrier has the right to suspend the execution of the order in the event of receiving information about the Ordering Party’s difficult financial situation which makes the payment problem probable, or information about the Ordering Party’s insolvency, or filing a petition for bankruptcy of the Ordering Party. The execution of orders may then depend on the appropriate payment security at the Carrier’s choice.
4. If the Ordering Party is late with the payment of remuneration for previously performed contracts between the Parties, the Carrier may refrain from executing subsequent orders of this Ordering Party until the relevant payments are made by him. In the event of a delay in payment of more than 14 days, the Carrier also has the right to make the performance of subsequent contracts conditional on full prepayment or a down payment or advance payment in a specified amount.
5. In professional transactions, in the event of a delay or delay in payment, the Carrier will charge interest for delay in commercial transactions and will charge the Ordering Party with the costs of debt collection (based on re-invoices).
6. In the event of delay or delay in payment by the consumer, the Carrier shall charge statutory interest for the delay and may charge the consumer with the costs of debt collection in court proceedings.
7. Settlements are made in Polish zlotys (PLN) or Euro (EUR) or British pounds sterling. In the case of prices given in Euro and issued in PLN, the conversion will take place at the selling rate of the bank keeping the Carrier’s account on the day of issuing the invoice. VAT will be added to the sales prices at the applicable rate.
8. Assignment of the rights and obligations of the Ordering Party resulting from the contracts to which these GTC apply requires the written consent of the Carrier, and if the assignment concerns the rights and obligations of the Carrier, the consent of the Carrier and the consumer is required.
18. In professional trade, if in the course of performance of the agreement between the Parties there is a change in generally applicable regulations or other circumstances occur beyond the Carrier’s control, which result in an increase in public law burdens, the terms of the Carrier’s offer may change proportionately. The change of the price to 10% of its original net value takes place through a unilateral declaration of the Carrier and is binding for the Ordering Party.
19. When determining the remuneration for transport, the Carrier applies the rates according to the price list used by him or specified in the offer.
20. At the time of booking the date of transport, the Ordering Party may be required to pay an advance or a deposit.
21. All payments should be settled by the Ordering Party at the latest by the start of transporting the animal. The carrier prefers settlements by transfer to a bank account, but in exceptional cases it allows cash settlement on the day of commencement of transport. The Carrier may make the commencement of the carriage dependent on the payment of the entire remuneration.
22. The Ordering Party shall bear all official costs related to the performed transport and costs caused by the Ordering Party’s failure to properly perform the obligations imposed on it by the contract or the GTC.
23. The Carrier’s remuneration may be increased accordingly (by the real cost of the service in accordance with the price list) in relation to the offer or contract, if:
A. during the performance of the contract, at the request of the Ordering Party or the Recipient (after acceptance by the Ordering Party), the Carrier performed additional activities or the service was extended in terms of subject matter, or for reasons beyond the control of the Carrier, the performance of additional activities turned out to be necessary for the proper performance of the transport or services;
B. For reasons beyond the control of the Carrier or for reasons attributable to the ordering party, it was necessary to complete the necessary veterinary documentation,
C. The Ordering Party, before determining the offer or contractual remuneration, did not provide all the relevant circumstances accompanying the performed order, and these circumstances became apparent during the performance of the contract,
D. the delivery time was significantly extended for reasons not attributable to the Carrier.
24. If the transport or other related services is not possible for reasons not attributable to the Carrier, if necessary, taking into account the welfare of the animal in particular, the Carrier has the right to place the animal in a hotel for animals until the obstacle disappears. The cost of the animal’s stay in the hotel is added to the remuneration for the Contractor
1. If the Ordering Party finds irregularities in the performance of the transport or other related contracts, the Ordering Party is obliged to inform the Carrier about this fact, indicating specific allegations (complaint). Defects should be reported by registered letter or e-mail within 2 working days from the date of finding the irregularity, but not later than 14 days from the date of receipt. In professional trade, a violation of the above-mentioned deadlines results in the loss of any claims by the Ordering Party.
2. The Carrier responds to the complaint within 14 days from the date of receipt of the notification. In order to consider the complaint, the Ordering Party may be obliged to enable the Carrier and persons indicated by him to inspect and examine the animal. In professional trade, the lack of cooperation of the Ordering Party results in the expiry of the Carrier’s liability. Until the response to the complaint is given, the Ordering Party is obliged to properly secure the animal. If necessary, the Ordering Party will enable the Carrier to collect samples for laboratory testing. The costs of the tests are borne by the party responsible for the defects.
3. The Carrier is not responsible for the condition of the animal after the danger has passed to the Ordering Party or the Recipient. The risk of accidental loss or damage to the animal passes to the Ordering Party at the time of handing it over to the Ordering Party or a person authorized by the Ordering Party to receive it.
4. If the complaint is considered unjustified, the Ordering Party may be charged by the Carrier with the costs related to the consideration of the complaint.
5. In professional trade, the Carrier is obliged to repair the damage resulting from non-performance or improper performance of the contract only if the damage was caused by the intentional fault of the Carrier. The liability of the Carrier in this respect is limited to actual losses incurred by the Ordering Party, excluding lost profits, lost profit, production losses, loss of reputation on the market. However, in no case may the Carrier’s liability for actual losses incurred by the Ordering Party exceed the net price of the transport or other service provided, shown on the Carrier’s VAT invoice.
6. In professional trade, in the event of withdrawal by the Ordering Party from the contract due to delay, the withdrawal does not apply to the part of the contract already performed.
1. The Parties shall not be liable for non-performance or improper performance of the Agreement if it is the result of force majeure.
2. The occurrence of force majeure releases the affected Party from deliveries or collections for the duration of the obstacle.
3. In the event of force majeure, the affected Party is obliged to notify the other Party of this fact as soon as possible.
4. Force majeure is considered to be external events that the Parties could not have foreseen in any way, in particular war, epidemic, state of epidemic, strikes or natural disasters that prevent the performance of the contract concluded between the Parties.
1. The contract is subject to Polish law and the legislation of the European Union, unless the law generally applicable on the route of transport provides otherwise.
2. The Parties shall make every effort to amicably settle disputes arising from or related to the concluded Agreement.
3. Any disputes that may arise from the Agreement will be resolved by common Polish courts competent for the seat of the Carrier, unless the generally applicable law requires a different local jurisdiction.
4. As part of a court dispute in professional trade, it is allowed for the Carrier to invoke evidence from witness testimonies, expert opinions (including private ones) and printouts from the ICT system for all facts related to the subject of the dispute (evidence contract).
In professional trade, the present or future ineffectiveness or unenforceability of any provision of the GTC or a provision subsequently introduced to it, or the incompleteness of the GTC (gap) does not affect the validity of the remaining provisions of the GTC. In place of ineffective or unenforceable provisions, or in order to fill in gaps, the provision that best corresponds to the content of the GTC shall apply – to the extent provided for by law.