UPPT CONDITIONS OF CARRIAGE
Platforma Transportowa Contract of Carriage
Version 1.0 · Date: 25 October 2026
Select a chapter below to expand its contents. Click again to collapse it.
CHAPTER I. APPLICABLE LAW AND GENERAL PROVISIONS
§ 1. Subject and scope of the UPPT Conditions of Carriage
- These UPPT Conditions of Carriage, hereinafter referred to as the “Conditions”, set out the rights and obligations of the parties to contracts for the carriage of goods by road concluded using the UPPT solution provided by Platforma Transportowa.
- The parties to the contract of carriage are the Principal and the Carrier identified in the individual UPPT Contract of Carriage.
- The Operator of Platforma Transportowa provides tools for preparing, concluding, recording and administering contracts. Merely providing these tools does not make the Operator a party to the contract of carriage.
- These Conditions form an integral part of an individual contract of carriage if they have been validly incorporated into it.
- The parties should be able to read the Conditions before concluding the contract, save them and retrieve them at a later date.
- Each UPPT contract should identify the version number of the Conditions applicable to it.
- A subsequent amendment to the Conditions does not affect contracts concluded earlier unless the parties validly agree to amend them.
- The legal effects of accepting an offer, automatically accepting a freight offer and making confirmations in UPPT are assessed on the basis of the parties' declarations, the agreed terms and the applicable law. The technical status of a document does not, in itself, determine whether an obligation exists.
§ 2. Governing law
- The Convention on the Contract for the International Carriage of Goods by Road (CMR), drawn up in Geneva on 19 May 1956, applies to international carriage of goods by road where the carriage falls within its scope.
- Where the place of taking over the goods and the place designated for delivery are in the same country, the parties choose the law of that country as the law governing the contract of carriage, to the extent permitted by applicable conflict-of-laws rules and mandatory provisions.
- For matters relating to international carriage that are not governed by the CMR Convention or other overriding rules, the parties additionally choose the law of the country in which the Principal has its registered office as stated in the contract, insofar as that choice is effective.
- To the extent applicable when determining the governing law, account shall be taken of Regulation (EC) No 593/2008 of the European Parliament and of the Council (Rome I), in particular the provisions on choice of law and contracts for the carriage of goods.
- Where the contract covers several consignments for which different places of taking over and delivery have been agreed, the applicability of the CMR Convention and other provisions is assessed in light of the characteristics of each individual carriage. The mere crossing of a border by a vehicle does not automatically mean that every consignment carried is subject to the CMR Convention.
- The parties must comply with the laws in force in the territories where transport operations are performed, including rules on safety, cabotage, permits, drivers' working and rest periods, carriage of special goods, and customs and administrative obligations.
- The provisions of the contract and these Conditions apply only insofar as they do not conflict with rules that the parties cannot validly exclude or modify.
§ 3. Order of precedence of documents
- In the event of any inconsistency between documents, the following order of precedence applies:
a) applicable mandatory provisions of law;
b) individual terms of the UPPT contract agreed in its form, within the scope of the data, options and choices permitted to the parties in that form;
c) these UPPT Conditions of Carriage;
d) accepted supplementary documents, solely insofar as they supplement matters not regulated by the documents referred to in points (b)–(c) and do not conflict with them. - If the parties use an additional document supplied by the Principal, it may specify only supplementary requirements for performing the carriage, in particular technical, organisational, safety, consignment-related or customs-clearance requirements. The document must be clearly identified and accepted by the Carrier before conclusion of the contract. It does not replace the UPPT contract or these Conditions.
- A general reference to the Principal's website does not, in itself, constitute acceptance of all documents published there.
- Acceptance of an additional document does not authorise the Principal to unilaterally change the agreed freight charge, currency, payment deadline, liability rules, contractual penalties or any other provisions of UPPT and these Conditions. In the event of a conflict, the UPPT contract and these Conditions prevail. Any subsequent changes require a separate, valid agreement of both parties in accordance with § 16 and the applicable law. Supplementary provisions may not conflict with mandatory provisions of law.
- If any provision conflicts with applicable law, it is ineffective to the extent required by that law. The remaining provisions remain effective insofar as permitted by the applicable law.
CHAPTER II. SUBJECT OF CARRIAGE AND THE PRINCIPAL’S OBLIGATIONS
§ 4. Subject of the contract
- The subject of the contract is the carriage of goods by road in accordance with the particulars specified in the individual UPPT Contract of Carriage.
- In particular, the contract specifies the parties, loading and unloading locations and dates, the type and quantity of goods, vehicle requirements, the freight charge, currency, payment terms and additional arrangements.
- The particulars of each loading and unloading location form an integral part of the contract.
- Where the contract includes several loading or unloading locations, the Carrier must perform the agreed service in the sequence and within the time limits specified in the contract.
- The carriage may be subject to additional requirements arising from applicable law or validly agreed special conditions.
§ 5. Principal’s obligations
- The Principal must provide the Carrier with accurate and sufficient information necessary to perform the carriage.
- This includes, in particular, the type, weight, dimensions and characteristics of the consignment, the number of loading units, the loading and delivery locations and the requirements relating to the means of transport.
- The Principal should provide information about any special characteristics of the goods that may affect transport safety, required authorisations or the way in which the load must be secured.
- Where the carriage requires particular documents, permits, declarations or instructions, the Principal is responsible for properly fulfilling the duties imposed on it by the applicable law and for supplying the documentation it has undertaken to provide.
- The Principal should ensure that the agreed loading and unloading operations can be carried out insofar as those operations fall within its responsibilities.
- The Principal may not require carriage using a vehicle whose parameters are inadequate for the actual weight or characteristics of the load.
- If the Carrier incurs reasonable costs as a result of inaccurate information provided by the Principal or the Principal's failure to perform its duties, the Principal's liability shall be determined under the applicable law and the contractual provisions.
§ 6. Absence of goods or inability to load
- If a vehicle properly presented for loading cannot be loaded for reasons attributable to the Principal or persons for whom the Principal is responsible, the Carrier should notify the Principal without delay.
- The parties should take steps to enable performance of the carriage if it remains possible and reasonable to do so.
- If the carriage cannot be performed, the settlement of costs relating to presenting the vehicle, waiting, cancelling the order and any resulting loss shall be governed by the applicable law and the relevant provisions of these Conditions.
- Where possible, the Carrier should document its readiness for loading and the circumstances preventing loading, using the documents and information available.
CHAPTER III. CARRIER’S OBLIGATIONS, VEHICLE AND INSURANCE
§ 7. Carrier’s basic obligations
- The Carrier undertakes to perform the carriage with the due care required of a professional transport undertaking.
- The Carrier must hold the authorisations, licences, permits and documents required by law to perform the particular carriage.
- The Carrier is responsible for providing a vehicle suitable for the agreed type, weight and characteristics of the consignment.
- The vehicle must be roadworthy, authorised for use on public roads, appropriately equipped and compliant with the legal requirements applicable to the route and type of carriage.
- The Carrier should provide a driver holding the required qualifications and authorisations.
- The Carrier is responsible for compliance with the rules on driving, breaks and drivers' rest periods and with other duties imposed on the transport undertaking.
- If an obstacle arises that may jeopardise timely performance of the carriage, the Carrier must notify the Principal without delay.
- The Carrier shall ensure that the driver performs the carriage on a basis permitted by the applicable law and holds the documents required for the relevant route, vehicle and type of carriage, authorising the driver to drive and carry out professional duties. The Carrier is also responsible for fulfilling the obligations imposed on it regarding lawful employment or another lawful basis for performing work.
- Where required by applicable law, the Carrier shall provide documents relating to the driver's right to work and perform the carriage, including a driver attestation, and any other legally required evidence. Whether a particular document is required shall be assessed separately for each carriage and the driver's status.
- The Carrier shall fulfil obligations relating to the posting of drivers, including declarations made through the relevant portal linked to the IMI system, employment conditions and required documentation, only where those obligations apply to the particular transport operation. Where applicable, the Carrier shall also provide an A1 certificate if required by the relevant legislation.
- The mere performance of a bilateral transport operation or transit journey does not automatically give rise to an obligation to submit a driver-posting declaration. The assessment shall be made under the rules applicable to the particular operation, including those relating to cabotage and cross-trade transport.
- The Carrier shall ensure compliance with the applicable rules on driving times, breaks, rest periods and the use of tachographs, insofar as they apply to the vehicle and carriage concerned. The Principal may not require the carriage to be organised, or issue instructions, in a manner that would necessitate breaching those rules.
§ 8. Insurance
- The Carrier is required to hold the insurance policies prescribed by applicable law.
- The Carrier should also maintain appropriate carrier's liability insurance (OCP) covering risks associated with the agreed type of carriage, in accordance with the agreed terms.
- In particular, the Carrier should verify the territorial scope of cover, liability limits and exclusions relating to the type of goods carried.
- If the carriage requires a particular scope of insurance cover, the parties should agree this before concluding the contract.
- Merely holding an OCP policy does not automatically mean that the insurer is liable for every loss or for the entire declared value of the consignment.
- A lack of insurance cover, a restriction in its scope or the insurer's refusal to pay a benefit does not release the Carrier from liability arising under the contract and applicable law, subject to statutory and convention-based limits of liability.
§ 9. Providing a suitable vehicle
- The Carrier should present the vehicle at the place and time specified in the contract.
- The vehicle must meet the agreed requirements regarding body type, load capacity, dimensions, equipment and any other parameters relevant to the carriage.
- Presenting a vehicle that fails to meet the agreed requirements may be regarded as improper performance of the obligation.
- If the vehicle is unsuitable for safely or lawfully carrying the specified consignment, an authorised person may refuse loading, without prejudice to the liability rules arising under applicable law.
- The Carrier should report without delay if it cannot provide a suitable vehicle and propose a possible solution.
CHAPTER IV. SUBCONTRACTORS, TRANSHIPMENT AND RESTRICTIONS
§ 10. Use of subcontractors
- The possibility of entrusting performance of the carriage to another carrier is governed by the individual contractual provisions and applicable law.
- If the contract prohibits subcontracting, the Carrier may not entrust performance of the carriage to another undertaking without the Principal's prior consent.
- Consent to an exception to the prohibition may be given through the notification and approval procedure provided for in UPPT or in another valid form accepted by the parties.
- If the contract does not prohibit subcontracting, other carriers may be used to the extent permitted by the contract and applicable law.
- Entrusting carriage to a subcontractor does not release the original Carrier from liability for performing its obligations to the extent provided by applicable law.
- The subcontractor should hold the required authorisations and ensure appropriate conditions for performance of the carriage.
§ 11. Transhipment and exclusive carriage
- If the parties have agreed that transhipment is prohibited without the Principal's consent, the Carrier may not tranship the goods on its own initiative unless applicable law permits or requires certain actions in response to an obstacle during carriage.
- If the parties have agreed to exclusive use of the vehicle, the Carrier may not load additional consignments in breach of that arrangement.
- The above restrictions apply only if they have been validly accepted in the individual contract.
- In the event of a breakdown, accident or other obstacle requiring urgent action, the Carrier should act in accordance with applicable law, safeguard the consignment and notify the authorised person without delay.
CHAPTER V. LOADING, UNLOADING AND SECURING THE CONSIGNMENT
§ 12. Organisation of loading and unloading
- The parties must perform their loading and unloading obligations in accordance with the contract and applicable law.
- Responsibility for loading operations, the positioning and securing of goods, and unloading operations shall be determined in light of the allocation of duties under applicable law and the parties' agreements.
- The Carrier should inspect the consignment and its packaging to the extent required by applicable law and practicable under the loading conditions.
- If the Carrier discovers visible damage to packaging, discrepancies in quantities or other circumstances relevant to performance of the carriage, the Carrier should enter appropriate reservations.
- Reservations must be documented in accordance with applicable legal requirements, in particular in the relevant consignment note where required.
- Neither party may require operations that contravene safety rules or exceed the other party's agreed responsibilities.
§ 13. Load weight and securing the consignment
- The Principal is responsible for the accuracy of the information provided about the consignment's weight, dimensions and characteristics.
- The Carrier is responsible for complying with the requirements concerning permissible gross vehicle weight, axle loads, vehicle parameters and road traffic rules, to the extent specified by applicable law.
- If vehicle overloading or incorrect load distribution is suspected, the Carrier should raise reservations and take the steps prescribed by applicable law.
- Continuation of the carriage must not be required in circumstances creating an unacceptable safety risk.
- Liability for loss and costs arising from overloading or improper securing of the goods shall be determined according to the actual allocation of duties between the parties and applicable law.
§ 14. Delivery of the consignment
- The Carrier is required to deliver the consignment to the agreed location and hand it over to an authorised recipient.
- Changing the consignee or delivery location requires an appropriate legal basis or valid instructions from the person entitled to dispose of the consignment.
- The Carrier should obtain proof of delivery in the form required by applicable law and the individual contractual terms.
- If the consignee refuses to accept the goods, is absent or another obstacle arises, the Carrier must seek instructions from the appropriate person and act in accordance with the provisions governing the carriage.
- Unauthorised delivery of the consignment is subject to the liability rules arising under applicable law.
CHAPTER VI. STANDSTILL, WAITING TIME AND CHANGES TO THE CONDITIONS OF CARRIAGE
§ 15. Standstill and waiting time
- The rules for charging for waiting time and standstill are specified in the individual UPPT contract.
- The agreed free waiting period applies separately to each loading and unloading location.
- If the contract does not provide for a longer free period, the standard free waiting time specified in it applies, in particular three hours where that period has been agreed for the operation concerned.
- The waiting period begins at the later of the following times:
a) the start of the agreed time window or fixed (FIX) time;
b) the time at which the vehicle actually reports that it is ready for the operation. - Standstill charges are payable at the rates and subject to the limits agreed individually, provided the delay is not attributable to the Carrier.
- Where the contract specifies a charge for each commenced hour of standstill and a maximum amount for a given period, those exact values apply.
- A party claiming payment should provide the available evidence of the waiting time and its causes.
- This paragraph does not exclude the applicable provisions governing obstacles to carriage and the parties' liability.
§ 16. Changes to the conditions of carriage
- After conclusion of the contract, neither party may arbitrarily alter its essential terms, without prejudice to rights arising under applicable law.
- As a general rule, any change to the loading or unloading date or location, number of transport stops, type or quantity of goods, amount of the freight charge or other material arrangements requires the acceptance of both parties.
- When proposing a change, the Principal should take account of the Carrier's organisational capabilities, including orders already accepted, vehicle availability, the driver's working time and other justified commitments.
- The Carrier is not obliged to accept changes that are impossible to implement, unlawful or would cause unjustified disruption to its operations.
- The parties should cooperate to find a solution enabling the carriage to be performed without unreasonably prejudicing either party's interests.
- If a proposed change increases transport costs, the parties should agree how those costs will be covered, in particular by making an appropriate adjustment to the Carrier's remuneration.
- Proposals for changes and their acceptance shall be communicated via the email addresses stated in the UPPT contract.
- A message concerning a change should specify the contract number, the proposed scope of the changes and any financial consequences.
- Failure to respond to an email does not, in itself, constitute consent to a change in the contractual terms.
- In cases requiring urgent action, the party proposing a change should also attempt to contact the person responsible for carrying out the carriage by telephone.
- The parties should retain correspondence documenting agreed changes.
- For carriage governed by the CMR Convention, the right to dispose of the goods and the conditions for exercising instructions are governed, in particular, by Article 12 CMR. This paragraph does not restrict rights that cannot validly be excluded by contract.
§ 17. Obstacles to performing the carriage
- A party that becomes aware of circumstances capable of preventing or materially hindering performance of the carriage should notify the other party without delay.
- If an obstacle arises, the parties must cooperate to the extent required by applicable law and justified by the circumstances.
- Vehicle breakdown, lack of an available driver or poor transport organisation do not automatically constitute grounds for releasing the Carrier from liability.
- Liability for the consequences of acts of war, extraordinary prohibitions, unforeseeable closures of particular transport routes and other exceptional events shall be determined in accordance with applicable law and the event's actual impact on the performance of the obligation.
- A party relying on circumstances excluding or limiting its liability should provide available evidence supporting its position, subject to applicable rules of evidence.
CHAPTER VII. CONSIGNMENT NOTES, CMR AND DOCUMENTATION
§ 18. Documentation of carriage
- The parties must prepare and supply the documents required for the particular carriage under applicable law.
- For carriage governed by the CMR Convention, documentation shall be maintained in accordance with its provisions.
- For domestic carriage, the documentation required by the applicable national law shall be used.
- The UPPT contract may specify additional documents required for settlement, in particular proof of delivery, a WZ goods-release document, a consignment note or a pallet receipt.
- The Carrier must supply exactly those documents that have been duly agreed and are required for the particular service.
- The absence, irregularity or loss of a consignment note does not, in itself, invalidate the contract of carriage where applicable law provides otherwise.
- A document generated electronically by UPPT is not automatically equivalent to an e-CMR consignment note complying with the applicable provisions on electronic consignment notes.
§ 19. Loss or absence of documents
- If a required document is lost, the Carrier should notify the Principal without delay and take steps to replace or reconstruct it.
- A document may be reconstructed by obtaining a duplicate, written confirmation from the relevant entity or other legally admissible evidence that the carriage was performed.
- The mere absence of an original document does not automatically mean that the carriage was not performed.
- If the other party suffers loss due to a culpable failure to deliver required documents, liability shall be determined under applicable law.
- The parties should cooperate in reconstructing documentation where necessary for proper settlement of the carriage.
§ 20. Freight charges and settlement
- The remuneration for carriage, currency, payment deadline and required documents are specified in the individual UPPT contract.
- The agreed freight rate includes the Carrier's costs associated with performing the agreed service unless the parties expressly agree otherwise.
- Additional payments arising from contractual changes, special instructions or other events shall be settled in accordance with applicable law and the parties' valid agreements.
- The payment deadline for a completed carriage service is specified in the individual UPPT contract. It must not exceed 30 calendar days from the event identified in that contract as the starting point for the payment period, subject to applicable mandatory provisions of law. The starting point may, in particular, be the date of issue of the invoice, the date of its receipt, the date of receipt of the required scans of documents, or the date of receipt of the complete set of required original documents. Where the contract requires documents to be sent by post or courier, the date of dispatch confirms that they were sent but is not automatically the date on which the Principal received them. If the Carrier has properly fulfilled the agreed obligations regarding delivery of documents, the Principal may not, without reasonable grounds, delay their acceptance or refuse to acknowledge receipt for the purpose of artificially postponing the start of the payment period.
- If the parties have agreed on a shorter payment period, the deadline stated in the contract applies.
- Submitting a complaint does not, in itself, justify automatically withholding the entire freight charge due. Rights relating to set-off, security or withholding performance shall be assessed under applicable law.
- Freight receivables and compensation for damage should be settled with due regard to their distinct legal nature.
CHAPTER VIII. SPECIAL CARRIAGE, SAFETY AND AUTHORISATIONS
§ 21. Carriage subject to special requirements
- If the nature of the consignment or route requires compliance with additional legal or technical conditions, the parties must comply with the relevant regulations.
- This applies in particular to carriage of:
a) dangerous goods;
b) waste;
c) goods subject to monitoring systems;
d) products requiring temperature-controlled transport;
e) food and pharmaceutical products;
f) abnormal or oversized loads;
g) consignments requiring customs procedures;
h) goods subject to restrictions or sanctions. - Each party is responsible for complying with the legal obligations applicable to its business and the activities it performs in connection with the carriage.
- The Principal should correctly identify the characteristics of the consignment and provide the information and documents for which it is responsible.
- The Carrier should hold the necessary authorisations and provide the vehicle and equipment required to carry out the accepted carriage.
- If performing the carriage would be unlawful, neither party is obliged to take any action that would breach the law.
- Liability for loss, costs and administrative penalties associated with a breach of obligations shall be determined by the applicable provisions and the actual cause of the breach.
§ 22. Waste transport, ADR and administrative obligations
- In the case of waste transport, the relevant national and EU rules governing waste management and waste shipments apply.
- For transboundary shipments of waste, the parties must comply with the applicable requirements of Regulation (EU) 2024/1157, taking account of transitional provisions and the relevant obligations connected with the DIWASS system.
- For carriage subject to ADR rules, the applicable requirements concerning classification of goods, documentation, marking, equipment and the qualifications of persons involved in transport apply.
- For carriage covered by the SENT system or another mandatory monitoring system, the parties shall fulfil the obligations imposed on them by the relevant provisions.
- The UPPT system does not replace official declaration, documentation or record-keeping systems where the law requires separate systems to be used.
- Where the carriage requires customs clearance or a transit procedure, the parties shall agree the necessary operational information before carriage begins, including the type of procedure, the relevant customs offices, the place where the goods are to be presented, the required documents and contact persons. Allocation of duties may not override liability arising under applicable law.
- The Principal shall provide accurate and sufficient information about the consignment and the required commercial and transport documents insofar as the obligation to do so rests with the Principal under the contract and applicable law. The obligations of an importer, exporter, declarant or other entity shall not automatically be attributed to the Principal or Carrier solely by virtue of these Conditions.
- Where T1, T2, TIR or other relevant transit procedures apply, the duties of the holder of the procedure, declarant, guarantor and customs representative shall be determined by law and the parties' valid agreements. The appropriate entity shall ensure submission of declarations and documentation through NCTS or another required system, including the MRN reference number, transit accompanying document or TIR carnet where required.
- The Carrier shall fulfil the legal obligations connected with carrying goods under customs supervision, in particular those relating to presenting the goods and documents to the competent authorities, preserving customs seals, complying with binding instructions and reporting discovered irregularities. Liability for errors in declarations and customs debt arising shall be assessed under applicable law and in light of the actual role and conduct of each entity.
- Where safety and security data must be submitted in an Entry Summary Declaration (ENS) through ICS2 or by another legally permitted method, the parties shall ensure the timely exchange of the necessary information. The obligation to file the relevant declaration rests with the entity identified by applicable law and is not extinguished merely by passing data to another party.
- Customs duties, taxes, customs debt guarantees, official fees, customs representatives' remuneration and reasonable waiting costs shall be settled under applicable law and the parties' valid agreements. Without express agreement, new duties or charges arising from supplementary documents may not be unilaterally imposed on the other party.
- If the goods are detained by a customs authority, required documents are missing, a customs seal is broken or another obstacle to clearance arises, the party becoming aware of the event shall notify the other party without delay and act in accordance with applicable law and lawful instructions from the authorised person.
§ 23. Parking and cargo security
- The Carrier must secure the vehicle and consignment appropriately for the type of carriage and the requirements of applicable law.
- When selecting a parking location, the Carrier should consider the nature of the goods, available security conditions, agreed requirements and the rules governing drivers' working time.
- If the parties have agreed that guarded parking areas or parking areas meeting a particular security standard must be used, that requirement forms part of the individual conditions of carriage.
- Special parking requirements should be communicated to the Carrier before the order is accepted so that they can be taken into account in planning and pricing the transport.
- The Principal should be notified if no parking area meeting the agreed requirements is available and this may affect safety or performance of the carriage.
- No contractual provision entitles either party to require a breach of rules on driving times, mandatory rest periods or road safety.
§ 24. Value of the consignment and special interest in delivery
- If the parties intend to apply special liability arrangements for a high-value consignment, they should validly agree the relevant terms before the carriage begins.
- For carriage governed by the CMR Convention, a declaration of the value of the goods exceeding the applicable liability limit may be made in accordance with Article 24 CMR.
- A declaration of special interest in delivery may be made in accordance with Article 26 CMR.
- The requirements of those articles, including the appropriate entry in the consignment note and agreement on a surcharge, must be fulfilled if the parties wish to make effective use of the mechanisms they provide.
- Merely stating the value of a consignment in additional contractual conditions does not automatically replace the requirements of Articles 24 or 26 CMR.
- The Carrier should verify that its insurance covers the agreed risk. Merely increasing the declared value does not guarantee an extension of insurance cover.
§ 25. Additional documents supplied by the Principal
- The Principal may provide an additional document specifying special requirements for carrying out the particular carriage.
- Such a document may concern, in particular, safety, rules applicable on the premises, protection of the consignment, temperature conditions, waste transport or other specialised requirements.
- The document should be made available to the Carrier before conclusion of the contract in a manner enabling the Carrier to read, save and subsequently retrieve its contents.
- The document may be sent by email to the address indicated in the UPPT contract.
- The document forms part of the contract only after its valid acceptance by the Carrier and only to the extent permitted by § 3. It does not take precedence over the UPPT contract or these Conditions and cannot, by itself, amend or override them.
- The document should be clearly identified by its title, date, version number or other identifier enabling its content to be established.
- The Principal may not unilaterally introduce new obligations by subsequently sending an amended document.
- Amending an accepted document requires an appropriate agreement between the parties, without prejudice to statutory rights to issue binding instructions concerning the consignment.
CHAPTER IX. PALLETS, GITTERBOXES AND OTHER LOADING EQUIPMENT
§ 26. Exchange and return of loading equipment
- An obligation to exchange, return or settle pallets and other loading equipment arises only to the extent provided for in the individual contract or applicable law.
- Where the contract states that no exchange of loading equipment is required, the Carrier may not be charged for failure to perform an obligation that was not validly agreed.
- If the parties have agreed to exchange loading equipment, they should specify its type, quantity and the location where the exchange is to take place.
- The exchange or return of loading equipment should be documented by an appropriate pallet receipt or other reliable confirmation.
- If the sender or consignee refuses to hand over loading equipment, the Carrier should notify the Principal without delay and take steps to document the event.
- The Carrier is not automatically liable for a failure to exchange loading equipment resulting from circumstances for which it is not responsible.
§ 27. Settlement of unaccounted-for loading equipment
- If the Carrier is obliged to return or account for loading equipment, it should do so within the period agreed by the parties.
- Unless otherwise agreed, a period of 14 days from completion of the carriage is provided for accounting for missing loading equipment or presenting evidence of its proper settlement.
- The proposed settlement values for loading equipment not accounted for are:
a) EPAL Euro pallet — EUR 12 per item;
b) Gitterbox — EUR 110 per item. - The above amounts apply to the settlement of loading equipment for which the relevant party is responsible. They do not, in themselves, justify charging for equipment that was duly exchanged or returned.
- Where applicable law requires a different method of valuation or the parties have validly agreed a different settlement method, that method applies.
- Loss of a pallet receipt does not automatically mean that loading equipment was not exchanged if proper settlement can be shown by other reliable evidence.
- The parties should facilitate reconstruction of documentation confirming the exchange or return of loading equipment.
- Double charging for the same unaccounted-for pallet or other loading equipment is prohibited.
CHAPTER X. CANCELLATION, FAILURE TO PROVIDE A VEHICLE AND SUBSTITUTE CARRIAGE
§ 28. Cancellation of carriage
- The parties may agree to terminate the contract of carriage without charging contractual penalties or imposing other additional charges.
- Unilateral cancellation of the carriage and its legal consequences shall be governed by applicable law and these Conditions to the extent that they are effective.
- The parties adopt the principle that cancellation without contractual compensation should occur at least 12 hours before the start of the first agreed loading operation, subject to the rules concerning operational hours.
- The standard hours for accepting cost-free cancellations are 07:00 to 15:00 on business days.
- If the 12-hour cut-off falls outside those hours, the final deadline for cost-free cancellation is 15:00 on the last preceding operational day that allows the required notice period to be maintained.
- For the purpose of calculating the deadline, the FIX time or the start of the agreed loading time window shall be used, as appropriate to the individual conditions of carriage.
- If an order is accepted less than 12 hours before loading, the possibility of cancelling it without charge requires a separate agreement unless applicable law provides otherwise.
- The hours specified in this paragraph relate to the rules for charging contractual compensation. They do not limit the obligation to report obstacles and critical situations promptly at any time of day or night.
- Notice of cancellation should be sent to the other party's email address stated in the contract. The cancelling party should also promptly attempt to inform the other party by telephone.
- Failure to answer a telephone call does not automatically invalidate a statement that has been properly made in accordance with applicable law.
§ 29. Compensation for unjustified cancellation
- Where carriage is cancelled without justification after the deadline for cost-free cancellation, the responsible party may be required to pay the agreed compensation if such a provision is permissible and effective under the governing law.
- The proposed amount of compensation depends on the agreed net freight charge and is:
a) EUR 120 — where the freight charge does not exceed EUR 360;
b) the difference between the freight charge and EUR 240 — where the freight charge exceeds EUR 360 but is less than EUR 480;
c) EUR 240 — where the freight charge is at least EUR 480. - Compensation may not be less than EUR 120 or more than EUR 240, subject to restrictions imposed by applicable law.
- Where the freight charge is denominated in PLN, its equivalent in EUR shall first be used to determine the compensation, after which the amount due shall be converted into PLN under the currency rules established in these Conditions.
- Compensation is not charged automatically where the contract is terminated by mutual agreement and the parties have agreed that no such charge will apply.
- Compensation for cancellation may not be charged together with a penalty for failure to provide a vehicle for the same breach if doing so would result in double charging for the same event.
- These provisions do not restrict the rights to terminate or withdraw from the contract or any special settlement rules established by provisions of law that the parties cannot validly modify.
§ 30. Failure to provide a vehicle and substitute carriage
- If the Carrier fails to provide a suitable vehicle at the agreed time without a legally justified reason, the Carrier is liable under applicable law and the contract.
- The proposed basic contractual penalty for a culpable failure to provide a vehicle without previously validly terminating the contract is EUR 240, provided that such a penalty is permissible under the governing law.
- If the failure to provide a vehicle makes it necessary to arrange substitute carriage, the Principal may take steps to have the goods carried by another carrier, in accordance with applicable law.
- The selection of a substitute carrier should take into account the urgency of the carriage, vehicle availability and the need to mitigate loss.
- The Carrier responsible for failing to perform its obligation may be charged reasonable and documented additional costs of substitute carriage to the extent permitted by applicable law.
- As a general rule, the additional cost is determined as the difference between the actual, reasonable cost of substitute carriage and the originally agreed cost.
- If the substitute carriage is performed at a price equal to or lower than the original agreed price, arranging it does not in itself justify claiming a cost difference that does not exist.
- If the actual loss recoverable by law exceeds a validly agreed penalty, the parties allow a claim for additional damages to the extent permitted by applicable law.
- Amounts payable for the same loss should be settled in a way that prevents double recovery for the same damage.
- The Principal is entitled to arrange substitute carriage. Another entity may act for this purpose under an appropriate authorisation or other applicable legal basis.
- Where the circumstances require immediate action, the Principal need not wait for the defaulting Carrier's consent to the choice of a substitute carrier, provided applicable law permits such action.
- Corresponding liability principles apply, as appropriate, where the Principal unjustifiably prevents the performance of accepted carriage, taking into account the nature of the breach and the applicable law.
CHAPTER XI. CONTRACTUAL PENALTIES, DAMAGES AND CLAIMS
§ 31. General principles of liability
- Liability for non-performance or improper performance of the contract shall be determined under applicable law and valid contractual provisions.
- Contractual penalties apply only insofar as they have been validly stipulated and are permitted under the governing law.
- Payment of a contractual penalty does not automatically release a party from its obligation to perform, unless this follows from applicable law or a valid agreement between the parties.
- Where applicable law permits damages exceeding the contractual penalty to be claimed on the basis of an appropriate reservation, the parties provide for that possibility to the extent of legally recoverable loss.
- Double charging for the same loss is not permitted.
- The amount of a claim may be subject to limits, judicial reduction or other rules arising under applicable law.
- Provisions on penalties may not be used to circumvent mandatory rules governing liability for loss of or damage to goods or delay in delivery, in particular those arising under the CMR Convention.
§ 32. Information duties and UPPT statuses
- If the individual contract specifies an obligation to keep transport statuses updated in UPPT, the Carrier undertakes to fulfil that obligation to the extent agreed by the parties.
- Updates should reflect the actual course of the carriage, including the relevant loading and unloading stages.
- The proposed penalty for a culpable failure to perform a single required status-update obligation is EUR 15.
- The proposed penalty for culpably failing to provide required information on the estimated time of arrival (ETA) is EUR 5.
- If an obligation to update standard UPPT statuses was not agreed, no penalties are charged for failing to perform that unagreed obligation.
- The rules for informing the other party about critical incidents are set out in § 36. This paragraph does not establish an additional obligation to report such incidents in the UPPT system or a separate contractual penalty for the absence of such an entry.
- The total amount of penalties for ordinary failures to update statuses and provide ETA information should not exceed EUR 150 per contract of carriage.
- Penalties may not be imposed repeatedly for one continuous breach unless the individual omissions constitute separate, independent breaches.
- A penalty should not be imposed solely on the basis of an automated finding that no entry was made in the system. Before pursuing such a penalty, the party concerned must be given an opportunity to provide explanations and the available evidence must be taken into account.
- When assessing performance of agreed duties to update transport statuses and provide ETA information, the actual means of communication available and the circumstances of the event shall be taken into account.
§ 33. Damage to goods and delays
- Liability for loss of, shortage of or damage to the consignment and for delay in delivery shall be governed by applicable law.
- For carriage governed by the CMR Convention, its rules on liability, limits of compensation, grounds for exemption from liability and requirements concerning reservations shall apply in particular.
- The parties may not validly exclude limits or extend liability under these Conditions in a manner contrary to the mandatory provisions of the CMR Convention.
- Where applicable law provides special liability rules in cases of wilful misconduct or conduct treated as equivalent to it, those rules apply.
- The parties must cooperate in establishing the circumstances of the loss and preserving available documentation.
§ 34. Complaints and pursuit of claims
- The party making a claim should specify its basis and amount and provide available documents substantiating the claim.
- The other party should have an opportunity to examine the claim and present its position.
- Deadlines for making reservations and pursuing claims, as well as limitation periods, are governed by applicable law.
- Submitting a complaint does not automatically extinguish the right to freight payment or, in itself, justify withholding all payments.
- Set-off and other means of settling mutual claims are permitted to the extent provided by applicable law.
- The parties should seek to resolve disputes on the basis of documents, records of agreed communications and other available evidence.
CHAPTER XII. COMMUNICATION, CONFIRMATIONS AND FINAL PROVISIONS
§ 35. Operational contact
- The parties undertake to ensure operational contact is possible around the clock during the period when the carriage requires operational support.
- Contact may be provided through a dispatcher, an on-duty representative or a suitably authorised driver.
- Identifying the driver as a contact person does not automatically authorise that driver to amend material financial or legal terms of the contract.
- Contact with the driver should respect road safety requirements and the rules on driving and rest periods.
- The parties undertake to provide correct contact details and notify each other of any changes.
- Providing a telephone number at which the person responsible for the carriage cannot be reached for an extended period may constitute a breach of the obligation to ensure operational contact if the circumstances are attributable to the party concerned.
§ 36. Reporting critical incidents
- Critical incidents include, in particular, a serious vehicle breakdown, an accident, loss of a consignment, theft, damage to goods, a safety threat or another situation capable of preventing performance of the carriage.
- A party that becomes aware of such an incident should notify the other party without delay through the available communication channels.
- In the event of a critical incident, merely sending an email does not discharge the duty to take reasonable steps to notify directly the person responsible for carrying out the carriage.
- In particular, an attempt should be made to contact that person by telephone and, if unsuccessful, another available communication channel should be used.
- If the parties use appropriate UPPT functions, information about incidents may additionally be recorded in the system.
- Failure to answer a telephone call must not be used deliberately to evade the effects of a statement properly made.
- As far as possible, the parties should retain evidence of notifications and attempted contact.
§ 37. Correspondence and recording agreements
- The primary email addresses for correspondence concerning the contract are those of the parties specified in the individual UPPT contract.
- Material changes to the conditions of carriage that require agreement between the parties should be communicated and expressly accepted through those addresses, while observing any form required by applicable law.
- Correspondence should make it possible to identify the contract number, the content of the statement, the date on which it was sent and the person making it.
- If an email address changes, the party concerned must inform the other party in a way that allows the new correspondence address to be reliably established.
- The parties should retain documentation relating to the conclusion, performance and amendment of the contract for the period required by applicable law and justified by the need to protect their rights.
- Confirmations made in UPPT form part of the electronic records, the evidential value of which shall be assessed under applicable law.
§ 38. Currencies and conversion of amounts due
- Amounts of contractual penalties and lump-sum payments provided for in these Conditions are generally expressed in EUR.
- If the individual contract provides for freight settlement in PLN, amounts expressed in EUR may be settled in their PLN equivalent.
- For the purpose of calculating contractual amounts in PLN, it is proposed that the average EUR exchange rate announced by the National Bank of Poland on the last business day preceding the day on which the basis for charging the amount arose should be used, unless applicable law requires another conversion method.
- If an amount payable depends on a freight charge expressed in PLN, the freight charge shall be converted into EUR at that rate, the amount payable calculated under the relevant provision of these Conditions, and the result then expressed in PLN.
- Compensation payable directly under the CMR Convention or other special provisions shall be subject to the applicable currency-conversion rules.
§ 39. Language versions
- The UPPT Conditions of Carriage may be made available in different language versions.
- All versions relate to the same set of standard terms and should be substantively equivalent.
- In the event of discrepancies arising from translation, the parties should seek an interpretation consistent with the purpose of the contract, applicable law and their common intention.
- If a version is available in the language of the law governing the contract, it may serve as the basis for interpretation if such precedence has been validly agreed and does not conflict with applicable law.
- The mere publication of a translation of the Conditions does not alter the version applicable to a contract concluded earlier.
§ 40. Dispute resolution
- The parties should first endeavour to resolve disputes arising from the contract of carriage amicably.
- For matters governed by the CMR Convention, court jurisdiction shall be determined in accordance with its provisions, in particular Article 31 CMR.
- In other matters, the parties provide for the jurisdiction of the court competent for the Principal's registered office, provided that such an agreement is effective under the applicable rules on international jurisdiction and venue.
- If that agreement is not effective, jurisdiction and venue shall be determined under the relevant provisions of law.
§ 41. Final provisions
- These Conditions apply insofar as they have been validly incorporated into the individual contract of carriage.
- Matters not regulated by these Conditions shall be governed by applicable law, including the CMR Convention where it applies to the carriage concerned.
- Amending the Conditions for future contracts does not automatically amend contracts concluded earlier.
- Each UPPT contract should make it possible to identify unambiguously the version of the Conditions binding on the parties.
- Special arrangements agreed between the parties may supplement these Conditions insofar as permitted by applicable law.
- If any provision of these Conditions is invalid or ineffective, the remaining provisions shall continue to apply to the extent permitted by applicable law.
