General Conditions of Cargo
GENERAL TERMS FOR TRANSPORTING COMMERCIAL VEHICLES
Adria Ferries SpA, with registered office in Lungomare Vanvitelli n. 18, Ancona, hereinafter also referred to as the “Company”, accepts the transportation of vans, tractors, trucks, trailers, road trailers and cars (hereinafter also referred to as the “vehicles” or “vehicle”) which are being exported, at the terms as established herein and . In the event no express conditions are given herein, the General Policy Terms are applied as currently used by the Company, which, by issuing the transport documents, the loader declares knowing, accepting and intends observing. The full version of said Terms is available for consultation in the Company’s offices and agencies, in the control room on board the ship and in the Company’s website. The term “vehicle” also includes semitrailers in the General Terms.
Loading and unloading
The vehicles covered by the transport contract will be loaded according to the order and criteria that are established by the ship’s captain on each occasion and subject to the specific needs of the ship and any other sailing requirements, to guarantee the safety of the ship in the unquestionable opinion of the ship’s captain, even if the Shipper/Loader and the Company have made prior agreements to reserve space. The officer in charge of loading will refuse to load any vehicles that are in excess of the official load capacity.
Once the vehicles have been loaded, the doors must be firmly closed and locked, and the driver must keep the keys. Any items that may be inside the vehicle travel at the exclusive risk and responsibility of the Shipper/Loader.
In the event of an emergency, the drivers must be immediately available for the Company and follow all the instructions that are given.
When the ship arrives in its destination port, the driver and/or receiver will take delivery of the vehicles (promptly and without impeding or delaying the normal flow of the other vehicles that are being
unloaded). In the event the driver or receiver does not promptly collect the vehicle, it will be unloaded and left on the quay at the risk, expense and responsibility of the Shipper/Loader and/or receiver. The
Company and its agents will have the faculty, but not the obligation, to park the vehicle in a parking area (supervised or otherwise) at the risk and expense of the loader/receiver. The vehicle will only be
consigned to the driver/receiver after they have demonstrated that they have paid all the direct and accessory costs that have accrued up to that date.
Barring the limitations as given in art. 6 herein, pursuant to this contract the vehicle will be considered one unique load unit.
PRESENTATION FOR LOADING
- The loader must arrive with the vehicles for loading at least four hours before the time fixed for the ship to sail. Failing this, no matter what the reason for the delay, there is no guarantee that
the vehicle will be loaded.
- On arrival, the loader must show the completed transport document that has been issued by the Company’s offices and port agencies, together with any other necessary transport documents,
including those confirming that the loading and customs requirements have been fulfilled, and that the transport costs have been paid. If the aforesaid documentation is missing or incomplete, or if it is
not presented on time, no matter what the reason and even if it is beyond the Shipper’s/Loader’s control, the Company is authorised to refuse to load the vehicles.
- Even if manoeuvring instructions are received from the ship’s crew, the Shipper/Loadermust ensure that the vehicle is safely parked on board, that the load inside the vehicle is secure, and that
the vehicle is locked, leaded and/or sealed, at his own risk and liability, including towards third parties.
- The Shipper/Loader must consign the vehicle in perfect working order, especially the braking, rolling and suspension apparatus.
- The Shipper/Loader must declare, under his own responsibility with suitable prior notice of information and documentation of at least 48 hours, if the vehicle is transporting any inflammable,
explosive, corrosive or dangerous materials or goods subject to the regulation of IMDG Code, which will only be accepted according to the authorisation certificate for the ship and only prior the
authorization according to the current regulations. In the event dangerous goods are transported in cisterns or cases, the Shipper/Loader must scrupulously observe all the current applicable legislation
regarding declarations, loading, packaging and labelling said goods.
The booking confirmation or the acceptance of the load by the Company, even if all or part of the freight fee has been paid, does not signify automatically that the ship is ready for loading or that the vehicle will be effectively loaded. The ship will not be loaded in the event of any circumstances which impede loading or departure. Should the load be cancelled, the Company will only be held to refund the sum that has been received without any additional charges, for damage, compensation or other costs.
The Company may request full payment of the transport costs if the Shipper/Loader is unable to arrange loading by the agreed deadline, even if the delay is caused by force majeure.
The Company only accepts transporting the vehicles and not any goods or items inside them, on a dock-dock basis (Free in/Free out). Therefore, the loaders and receivers are fully responsible for loading and unloading the accompanied vehicles, even if the loader himself or drivers have received manoeuvring instructions from the ship’s crew, and the Company does not assume any liability towards third parties.
The Shipper/Loader and receiver are fully liable for any damage that the driver may cause to the ship or third parties when loading and unloading the vehicles.
The Company will not respond for any loss and/or damage to the goods or items inside the loaded vehicles.
Each refrigerated vehicle is subject to specific safety regulations which forbid the use of the vehicle generator once it is on board. The vehicle may be connected to the main electric supply on the ship, as long as the vehicle has the special Antidef alternating current circuit approved by the relative authorities. The connection must be requested when the Shipper/Loader makes the booking for the vehicle. This service is subject to the availability of the power sockets and their compatibility with the vehicle’s features. However, it is the exclusive responsibility of the driver to check the vehicle engine/generator is in perfect working order. Connection is authorised against the Shipper’s/Loader’s responsibility directly and towards third parties, and neither the Company nor the ship will be responsible for any temporary power failure or drops in voltage or any other fault in the ship’s electric generation and supply system, even if it were caused by the ship’s crew. The electricity supply will be disconnected from the vehicle if any sparks are given off by the engine in the refrigerated vehicle.
The Company is exonerated from all responsibility for any delayed or cancelled trips, or for any damage that may be caused to the vehicles during transport, unless the person having the right to damage is able to prove that said damage was directly due to the fault of the Company.
In this case, the damage due from the Company will be governed by the terms of art. 423 of the shipping code, considering that the vehicle must be considered one unique load unit as per art. 2 of this contract.
Declarations of value will only be considered with suitable prior notice – of at least two working days from when the declaration is received – and further to the payment of the additional freight charge to
cover the insurance costs.
If necessary, the Company is authorised to disembark the passengers and vehicles in any port other than the final destination. In this case, further to specific request, the Company will refund the part of the freight that was not carried out and will not be subject to any other form of damage or compensation.
The Shipper/Loader and/or the driver of the loaded vehicle declare, except for their express written declaration, that the vehicle is not carrying any inflammable, explosive, corrosive or dangerous materials and that any materials are adequately stowed.
The Company will not be liable for any loss and/or damage to the vehicles during loading and unloading, as the accompanied vehicles are not loaded and unloaded under the direct supervision and responsibility of the Shipper/Loader and/or receivers.
The Company will not be liable for any lost or missing goods or items from the loaded vehicles.
FAILED DEPARTURE OR LATE ARRIVAL
The Company will not be responsible for any damage caused by failed departure, diversion, delays or failure to arrive for reasons that are beyond the Company’s control.
The ship’s captain may disembark the vehicles and their drivers in any other port that the destination port for any reasons of force majeure or due to the needs of the ship and trip, and in this case the trip will be considered concluded.
LOADING ON OPEN DECKS
Unless expressly requested otherwise by the loader the Company has the faculty to load any sort of vehicle on the open decks, at the unquestionable opinion of the Company. In this case, the Shipper/Loader must expressly and specifically accept loading the vehicle on the open deck, exonerating the Company from all responsibility for any possible damage to the vehicles.
The general average is governed by the York Antwerp Rules of 1974. Before receiving the vehicle, the receiver must sign the Lloyds Average Bond and pay the deposit as established by the Company as
guarantee for the service. The deposit as established by art. 22 of the York Antwerp Rules must be paid into the Company’s account.
TERMS, LIMITATION AND FORFEITURE
Any damage that occurs to the vehicles during transport must be immediately notified by the Shipper/ Loader and/or driver and confirmed by the ship’s captain.
In the event the Shipper/Loader, receiver or driver are not present, the damage claim must be made in writing when the vehicle is consigned at its destination.
Should any claims not be made in the aforesaid terms, the vehicles and goods are considered as consigned by the Company in compliance with the indications given in the transport documents. All rights regarding the vehicle transport document are limited to the term of six months after consignment in accordance to regulations in matter. In the case of total loss or failed consignment, the above term becomes valid from the date the ship arrives or should have arrived in the destination port. In no case any claim or damages in the harm of the Company, can be proposed if one year is passed from the date the ship arrives or should have arrived in the destination port.
JURISDICTION, APPLICABLE LAW AND PLACE OF JURISDICTION
The Transport Contract is governed by these General Terms and subject to Italian jurisdiction and Italian law. Any disputes regarding the validity, interpretation, enforcement, resolution and extinction of the transport contract as governed by these General terms, and any other related matters, will be submitted exclusively to the Court of Ancona, which the Shipper/Loader expressly accepts.
INTEGRATIONS AND AMENDMENTS TO THESE GENERAL TERMS
Any integrations or amendments to these General Terms will be notified by the Company by means of a notice in the premises as outlined in the introduction and in the Company’s website, and they will
come into force on the date as given in the notice.DD. 01/04/2012
The Italian version can be consulted at the port offices