GENERAL CONDITIONS OF TRANSPORT
Article 1 – PREAMBLE any request for transport, engagement, shipment, or any operation implies acceptance by the Client of the General Conditions, unless otherwise agreed between the parties. The “Order Giver” designates, within the meaning of these terms, the person, or his principal, who requests HTR to provide transport either for his own account or for the account of a third owner of the equine or equines which he will designate to HTR « HORSETRUCKRENT – HTAIR » (the « Beneficiary »).
Article 2 – FORMATION OF THE CONTRACT these General Conditions govern the relations between HTR and the Client and / or the Beneficiary and apply automatically to any request for the transport of Equidae. The contract between HTR and the Principal is formed according to commercial customs and in particular verbally in the event of an emergency. If the contract is concluded by the Client on behalf of the owner of the equine animal, the powers of this Client are established by the delivery of documents relating to the animal, or the signing of the transport contract.
Article 3 – REQUEST FOR TRANSPORT requests for horse transport to HTR, subject to these General Conditions, are issued by the Client in writing or by any other means, including by telephone and must in particular indicate the following: place of loading and unloading of the animal, the names and full contact details of the Client whether the owner of the animal or a third party, the recipient (names, first names, address, telephone number …), The dates and if necessary the hours of loading and unloading, the specificity of the animals when it requires special provisions or any other information or document necessary for the proper performance of the transport operation. If the transport request as referred to in the first paragraph of this Article, is issued by the Client on behalf of a third Beneficiary, and in particular the owner of the animal, the transport request must clearly identify the third party in question, their names, first names, addresses (domicile and invoicing if different), or their company name, RCS or equivalent, as well as any other information that could be useful for the execution and invoicing of the services. The request can consist of a road and / or maritime and / or air transport service from a place of loading to a specific place of unloading or more broadly can give HTR complete freedom to organize the transport of the animal by the processes he sees fit. Whatever the service to be performed, it will be carried out by HTR in accordance with the law in force. Upon receipt of the transport request issued by the Principal, HTR, as soon as possible, will confirm, in writing or by any other means (in particular by sms), (i) its acceptance to carry out the transport thus requested and (ii) the corresponding estimate. All of these elements will be included in an email addressed to the Client and, if necessary, to the owner of the animal, if the owner is not the Client. The acceptance of the services and the estimate thus transmitted by HTR materializes the irrevocable and final nature of the transport request issued by the Principal; the transport contract in question being concluded irrevocably upon acceptance.
Article 4 – INSTRUCTIONS AND INFORMATION TO BE PROVIDED BY THE CONTRACTOR complete transport instructions must be given for each shipment in the transport request, as indicated above. General and standing instructions are not allowed. The Principal is required to provide HTR at the latest upon removal with the documents relating to the designation of the equine animal and allowing its identification, the equipment necessary for its attachment, as well as any protective equipment for its convenience if he wishes the latter to be particularly protected. He must also provide the list of equipment and products to accompany the animal as well as any other information that may be useful for transportation (vices, tares, diseases, value, intolerance to painkillers). Changes to the instructions made after confirmation of the transport request sent by HTR (as indicated in Article 3 of these General Conditions), will not be accepted or taken into account in the organization of transport. The Client bears sole responsibility for all consequences arising from incorrect, incomplete or late declarations or documents. The care of carrying out specific formalities or operations can in no case be considered to be left to HTR’s initiative, apart from the actual transport.
Article 5 – PRICES, INVOICING AND PAYMENT TERMS billing may be carried out electronically under the conditions provided for in article 289 b or 289 v of the CGI. In the event that the Principal is also the Beneficiary, he will be invoiced for the cost of transporting the animal corresponding to the accepted quote, under the conditions set out below. In the event that the Client requests the transport of an animal belonging to a third party he designates; the invoice will be made out in the name of the third party so designated and a copy of the invoice will be sent to the Client. The transport price is established according to the type of vehicle used, its equipment, the nature of the goods, its weight, its volume, the distance of transport, delivery times, the insured relationship, characteristics of the traffic, specific traffic constraints, the duration of the provision of the vehicle and the crew, more generally the costs generated by the requested service, in accordance with the provisions of Law No. 95-96 of 1 February 1995 concerning unfair terms and the presentation of contracts and governing various economic and commercial activities as well as the quality of the service rendered. In addition, in accordance with article L. 322-1 of the Transport Code, the transport price initially planned will be automatically revised to cover any variation in charges linked to the variation in the cost of fuel. Our prices are only valid if the shipment takes place according to the routing instructions previously communicated in view of the establishment of the estimate. They may be reconsidered if the service is provided more than thirty days after the establishment of this estimate, unless prior agreement. In application of the decree of October 20, 2000, the transport price can also be revised in the event of significant variations in charges due to conditions external to the latter. Unless otherwise stipulated, the transport prices do not include the duties, fees and taxes collected by the tax or customs authorities (such as entry fees, taxes, truck tax, etc.), nor the accommodation costs or any other incidental costs, unless these costs are expressly specified in the offer. Depending on the case, the Client or the third-party Beneficiary undertakes to pay these costs; the price can only be given as an indication from station to station and from airport to airport. It is recalled that there is solidarity between the sender and the recipient for the payment of all transport costs, as provided for in Article L. 132-8 of the Commercial Code. Payment of the invoice must be made within 30 days from the date of its issue, in accordance with applicable law. A flat-rate compensation of 40 euros per invoice is due as of right from the first day of late payment, as provided for in Article D. 441-5 of the Commercial Code. Failing payment within this period, the amount of the invoice will be increased by interest corresponding to the Bank of France discount rates in effect at the time of issuance of the invoice increased by two points. When exceptionally payment terms have been granted by HTR to the debtor, non-payment at a single due date will automatically and without any formality, forfeit the term, the balance of the claim of HTR becoming immediately due. This non-conforming acceptance of the cash payment principle does not entail any novation of the transport contract or the General Conditions, HTR retaining all of its rights and prerogatives.
Article 6 – HOLDING COMMITMENT the client who requests the transport of an animal by HTR on behalf of a third party, notably the owner of the animal, hereby declares that he is strong the proper and complete performance of the payment obligations of the third party concerned vis-à-vis HTR. Thus, he guarantees the payment of the transport price by this third party whom he designated in the transport request (referred to in Article 3 of these General Conditions), as well as any other obligation arising from these General Conditions or of the transport contract which it concluded with HTR, within the meaning of article 1120 of the Civil code. Consequently, in the event of default by the designated third-party Beneficiary, HTR reserves the right to recover all of its receivables from the Principal, after prior notice to the latter.
Article 7 – NATIONAL TRANSPORT BY ROAD any transport of live animals by road under the French domestic regime is subject to the special conditions proposed by the National Road Committee (C.N.R.) to the Ministry of Transport. These specific conditions supplement or derogate from the General Conditions for the Application of Tariffs for Road Freight Transport (C.G.A.T.T.R.M.), as well as previous or following articles. Any help provided or any service provided free of charge by HTR or its employees during loading is deemed to be executed on behalf of and under the responsibility of the Client or the sender if different. Similarly, any assistance or service provided free of charge by HTR or its attendants during the unloading of the animal is deemed to be executed on behalf of and under the responsibility of the recipient of the animal. Under these conditions, HTR can in no way be held responsible for any damage whatsoever that may occur during loading and unloading. In any case, HTR cannot also be held responsible for delays in the loading and unloading of the animal.
Article 8 – OBLIGATIONS OF HTR HTR undertakes to execute the transport of the animal, having, unless otherwise agreed, the control of the ways and means to be used for this purpose. The time necessary for the execution of the transport will depend on the specifics of the transport (place of unloading, modes of transport, etc.) HTR takes care of administrative and customs formalities. HTR is not required to verify the accuracy of the information provided by the Principal. HTR reserves the right to carry out « grouping » operations by which it brings together consignments of animals from several senders or addressed to several recipients. During transport, HTR provides general and ordinary care for the transport of animals, in accordance with applicable law. The special care requested by the Principal or required by the nature of the transport or the condition of the animals is the subject of an additional paid service in addition to the transport. HTR cannot in any case be held responsible for injuries caused by the equipment supplied by the Client or by the failure to use it, as well as damage, loss or theft of which the equipment accompanying the vehicle may be subject.
Article 9 – RECEPTION OF THE ANIMAL both for the identification of the animal and the recognition of its state, the time limits for reservations are those provided for in the Commercial Code and by the Warsaw Convention, and cannot exceed three days, and reservations must be noted on the CMR.
Article 10 – RESPONSIBILITY OF HTR HTR is only liable for damages and delays which could result from his personal act. HTR cannot be held responsible for those that may result from the carriers it employs, even if there is fraud on the part of the carrier or one of its agents. HTR cannot in any case be confused with its service providers who remain responsible for their activities and whose cases of exemption and limits are enforceable against the Client (deadlines, limitation by parcel …). In the event that the choice of carrier has been imposed by the Principal on HTR, the latter will only be subject to the general obligations of the agent. HTR cannot be held responsible for the consequences which could result from the provision of erroneous information by the Client. HTR is not responsible for damage, loss, theft which may be the subject of the equipment accompanying the animal. In any event, HTR’s liability is conventionally limited to the rate of compensation granted by carriers (S.N.C.F., Shipping companies or any other third parties …) or fixed by international conventions in the case of international or air transport.
Article 11 – INSURANCE HTR is the holder of a civil liability contract. Regarding ground transportation, without express order from the Client, HTR does not take out any insurance for the animal. Any equine animal transported by us is covered for « mortality » in the event of an accident, by a policy taken out with a company known to be solvent. On the date of publication hereof, the risk covered is limited to € 1,600 per horse, € 810 per foal / pony, € 210 per donkey / mule / saddle and € 14 per kilo for other animals. When the Client entrusts an animal, whose value exceeds this limit, it is his responsibility to give the necessary instructions to his insurance or to assume the risks of transport for this excess value. In any case, moreover, the compensation to be awarded may not exceed, within the above limits, the justified actual value of the animal. In the case of goods which do not come within the framework of live animals, HTR’s liability is limited to € 14 per kilo of gross weight of missing or damaged goods with a maximum, the overall ceiling of which is obtained by multiplying the number of tons of sending by 2300 €. In the event of late arrival, compensation will be limited to the amount of the transport price per equine. In the case of air transport, and in the event that HTR, in its capacity as carrier, is recognized responsible for the incident, reimbursement will be made on the basis of the weight of the damaged goods and within the limits provided for in the applicable international conventions; the Warsaw Convention and the Montreal Convention respectively. In accordance with the provisions of article L. 133-2 of the Commercial Code, in the event of force majeure, no compensation may be claimed from HTR.
Article 12 – SECURITIES in accordance with article L. 133-7 of the Commercial Code, HTR has on any Equidae entrusted within the framework of this contract a right of preference and retention in guarantee of all its debts even born from previous operations on said animal or on any other animal owned by the Principal or a third party designated by said Principal.
Article 13 – CANCELLATION in the event of cancellation by the Client of the transportation of the animal, he must compensate HTR for the expenses incurred and agency fees.
Article 14 – ATTRIBUTIVE JURISDICTION CLAUSE in the event of a conflict between the parties, the only competent courts are the Commercial Court of Compiegne according to the commercial or civil quality of the Client. Relations between HTR and its Principal are governed by French law and applicable international conventions.