GENERAL TERMS AND CONDITIONS

AIRRFS s.r.o.

Version 24/10/2025

Article 1: Definitions.

In these conditions the following will mean:

Contract of carriage: the contract by which the carrier undertakes towards the sender to carry goods by road.

Sender (client): the contractual other party of the carrier. If a sender is referred to in the consignment note this does not automatically mean that the sender referred to is the contractual other party of the carrier.

Consignee: the person who by virtue of the contract of carriage is entitled to delivery of the goods by carrier.

The consignment note: also called CMR, the document drawn up in three original copies, one of which (evidence of receipt) is destined for the sender, the second (evidence of delivery) being destined for the carrier, and the third being destined for the consignee.

Servants and agents: employees of the carrier as well as persons whose services the carrier uses for the completion of the contract of carriage.

Force majeure: circumstances which a diligent carrier is unable to avoid and in so far as a carrier is unable to prevent the consequences thereof.

Loss due to delay: financial loss arising from delay in delivering goods.

Written or ‘in writing: in writing or electronically.

CMR: Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva1956), as supplemented by the 1978 Protocol.

Article 2: Scope of application.

The General Transport Terms and Conditions apply to the contract of carriage of goods by road; if the CMR applies, then the General Transport Terms and Conditions also apply.

The General Transport Terms and Conditions apply as a standard, unless a contract has been separately agreed and signed by both parties.

Article 3: Contract of carriage.

Contract of carriage doesn’t require to be in a specific format. It can be written or even formed through email.  Still following information must be included for contract to be enforceable: 1) an offer; 2) acceptance of that offer; 3) consideration 4) intention to create legal relations 5) certainty of terms.

If data, including those relating to the consignment note, are exchanged electronically, parties shall not dispute the admissibility of electronic messages as evidence in the event of a mutual conflict.

Electronic messages have the same evidential value as written documents, unless these messages were not sent, saved and registered in the format as agreed on between the parties and in accordance with the security level and manner agreed on by parties

Article 4: Contract Rate, Terms and Additional Fees.

Contract rate offer is given based on the following criteria:

1) Loading place and timings

2) Delivery place and timings

3) Eventual extra stop on the way and/or deviation

4) Cargo specification, dims and weight

5) Special conditions when applicable.

The contract rate offer will be based on 2h free for loading, 2h free for unloading and 1h free for extra stop (customs, stop documents, or other).

Following eventual changes on the 5 points mentioned above might lead to a revised rate of the contract as per below.

1)             Extra km and deviation

2)             Extra stop

3)             Extra waiting hour

4)             If driver must load / unload by himself (driver has all legal rights to refuse to do all manual jobs as per Health and Safety regulations and standards, therefore we do highly recommend agreeing the driver’s manual work in advance)

5)             Cancelation costs

5.1) General cargo

1. 1. > 24h = free of charges
   2. < 24h > 12h = 50%
   3. < 12h > 6h = 75%
   4. < 6h = 100%

5.2) Exceptional Transport

1. 1. As soon as order confirmed, 100% cancelation will apply.

Article 5: Obligations of the sender.

notice of termination of the contract of carriage

1. 1. The sender is required:

a) concerning the goods and the treatment of same, to timely supply the carrier with all data and information as he is able to or ought to be able to, and of which he knows or ought to know that such data and information are important to the carrier, unless he may assume that the carrier is already aware of this data;

b) to make the agreed goods available to the carrier at the agreed location and time and in the agreed manner, accompanied by the consignment note as required by article 5 and by any further documents as required by law from the sender;

c) to clearly and appropriately address each package to be carried and, as far as reasonably practicable, to affix or append the required information and address to the packages or their packaging in such a manner that under normal circumstances it remains legible until the end of the carriage.;

d) to report the total weight of the goods to be carried on the consignment note;

e) to load and to stow the goods as agreed in or on the vehicle, and to have them unloaded, unless parties agree otherwise, or unless other obligations arise from the nature of the intended carriage, considering the goods to be carried and the vehicle made available.

f) To ensure that the cargo packaging is convenient for road transport providing sufficient protection to the cargo during the road transportation.

1. The sender is not allowed to back out of his obligations mentioned in section 1 a, b, c, and d irrespective of the circumstances he may invoke and the sender is required to compensate the carrier for the damage arising from non-compliance with the obligations mentioned.
2. Without prejudice to the provisions of section 2, the carrier may terminate the contract without any notification if the sender does not fulfil his obligations referred to in section1a and b; however the carrier may only do so after he has set a final deadline for the sender in writing and the sender fails to meet its obligation by the expiry of that deadline. If setting such a deadline would mean that the business operations of the carrier would be unreasonably affected, then the carrier may terminate the contract without granting a deadline as mentioned. The sender may likewise terminate the contract, if he does not fulfil his obligation as mentioned in section 1b. Termination is effected by written notice and the agreement is terminated when this notice is received. After termination the sender owes the carrier cancelation costs according to Article 4 section 5 but cannot be held liable for further compensation.
3. The carrier may also give notice of termination of the contract, in case of defective loading or stowing or in case of overloading, but not until the sender has been given the opportunity to rectify the defect or the overloading. If the sender refuses to rectify the defective loading and/or stowing or the overloading, the carrier may give notice of termination of the contract. In this case the sender is required to pay the carrier cancelation fees as per Article 4 section 5.
4. The sender must repay to the carrier any fine imposed on him as a result of overloading, unless the carrier has fallen short in fulfilling his obligations pursuant to article 8 sections 1 and 5 or the carrier has not given notice of termination of the contract of carriage on the ground of the previous section, without prejudice to his right to invoke bad faith on the part of the sender.
5. Notwithstanding the other sections of this article the sender must compensate to the carrier for the damage suffered in so far as caused by the circumstance that the carriage of the goods is or will be fully or partially prohibited or restricted by public authority or hidden and unannounced ADR articles.

Article 6: The consignment notes (CMR).

When making the goods available the sender is obliged to submit a consignment note to the carrier which states that these General Terms and Conditions apply to the contract of carriage concluded.

The sender is required to complete the consignment note truthfully and in full according to the instructions, and when making the goods available to the carrier he warrants the correctness and completeness of the data supplied by him.

The carrier is required to clearly identify himself as the carrier in the consignment note presented by the sender and to sign it and return it to the sender. If the carrier so requires, the sender is required to sign the consignment note. The signature may be printed or substituted by a stamp or any other mark of origin.

The consignment note may also be drawn up in the form of an electronic message in accordance with the format and security level as agreed between the parties and in accordance with the manner of sending, saving and registering as agreed between the parties.

Article 7: Evidential value of the consignment note.

When accepting the goods the carrier is obliged to check the correctness of the statement of the quantity of goods in the consignment note as well as the outward good condition of the goods and their packaging, and in case of deviation to make a note of that on the consignment note. This obligation does not exist if in the opinion of the carrier this would considerably delay the carriage neither when the driver is not allowed to access loading area.

The consignment note is prima facie evidence, subject to evidence to the contrary, of the conditions of the contract of carriage and the parties to the contract of carriage, and of the receipt of the goods and their packaging in outwardly good condition, and of the weight and quantity of the goods. If the carrier has no reasonable means to check the correctness of the entries referred to in section 1, then the consignment note will not be evidential of these entries.

Article 8: Freight payment.

The sender is obliged to pay the freight and further expenses attached to the goods 30 days after invoice issuance.

The carrier has the right to charge all extrajudicial and judicial costs incurred to collect the freight and other amounts, as mentioned in sections 1 and 2, to the parties required to pay the freight and other costs. The extrajudicial collection costs are due as from the time that the debtor is in default.

The freight, the costs due owing to other reasons relating to the carriage and further expenses attached to the goods are due also if the goods are not delivered at their destination or only partly damaged or delayed.

An appeal to set off claims to pay freight, costs due owing to other reasons relating to the carriage and further expenses attached to the goods against claims for any other reason is not permitted.

If the sender does not fulfil his obligations referred to in this article, then the carrier is entitled to suspend departure of the vehicle, even loaded with cargo, and in this event the damage arising will be considered as expenses attached to the goods.

1. 1. Reminder fees of 35 EUR are going to be charged as of second weekly reminder and for each consecutive one.
   2. 10% annual interest fees apply as of the due date of the invoice.

Article 9: Obligations of the carrier.

The carrier is required to accept the goods agreed on at the place and time and in the manner agreed as well as to communicate the loading capacity of the vehicle to the sender, unless it can be presumed that the sender is aware of this.

The carrier is obliged to deliver the goods received for carriage at the destination in the condition in which he has received them.

The carrier is obliged to deliver the goods received for carriage within a reasonable time period; if a period of delivery has been agreed in writing delivery must be carried out within this period.

If the carrier does not fulfil the obligation referred to in section 1 to 3, the carrier is required to compensate the sender for the damage which he has. This compensation, however, cannot amount to more than the contract rate and the sender will have to provide evidence for financial losses on the other hand.

The carrier is obliged to check the loading, stowing and any overloading by or on behalf of the sender if and in so far as circumstances permit this. If the carrier considers that the loading and stowing is defective, he is obliged, notwithstanding the stipulation in article 4 section 4, to make a note of this on the consignment note. If he is not able or in a position to fulfil his control obligation, he may make a note of this on the consignment note.

If delivery domicile has been agreed, the carrier must deliver the goods to the door of the address mentioned in the consignment note or to the door of an address which the sender has provided in good time instead of the one in the consignment note pursuant to article 8. If the address is not reachable via a surfaced road or any other reasonable manner, it must be delivered to a location, which is as close as possible to the address originally indicated.

Article 10: Liability of the carrier.

Except in the case of force majeure the carrier is liable for damage to or loss of the goods and for damage due to delayed delivery so far as the carrier has not fulfilled the obligations referred to in article 8, sections 2 and 3.

The carrier is also liable for acts and omissions of his agents and servants in the same way as for his own acts and omissions.

Article 11: Special risks.

Notwithstanding article 9, the carrier, who does not fulfil his obligations pursuant to article 8 sections 2 and 3, will nevertheless not be liable for the damage arising from this, in so far as the non-observance is the result of the special risks related to one or more of the following circumstances:

1. 1. the carriage of the goods in an open uncovered vehicle, if this was explicitly agreed;
   2. absence of or defective condition of packing of the goods which considering their nature or the manner of carriage should have been sufficiently packed;
   3. handling, loading, stowing or unloading of the goods by the sender, the consignee or persons acting on account of the sender or the consignee;
   4. the nature of certain commodities which owing to causes related to this nature are exposed to total or partial loss or to damage, particularly through combustion, explosion, melting, breakage, corrosion, decay, desiccation, leakage, normal reduction of quality or presence of vermin or rodents;
   5. heat, cold, temperature variations or air humidity, but only if it has not been agreed that the carriage would be performed by means of a vehicle especially equipped to protect the goods from the effects of such conditions.

Article 12: Presumption of exonerating circumstances.

If the carrier proves that, considering the circumstances of the case, the non-compliance with his obligations pursuant to article 8 sections 2 and 3 may have been a consequence of one or more of the special risks specified in article 10, it will be presumed that the non-compliance was indeed such a consequence.

However, the person who is entitled to receive the goods from the carrier may prove that this non-compliance was not wholly or partly caused by one of these special risks.

Article 13: Compensation.

The compensation owed by the carrier on the ground of non-compliance with his obligation pursuant to article 8 section 2 is limited to an amount of € 3.40 per kilogram; the carrier is not liable on the grounds of the contract of carriage for other damage than that arising from loss of or damage to the goods, such as consequential damage, business stagnation or immaterial damage.

The number of kilograms as basis for the calculation of the amount specified in section 1 is the weight of the damaged or not delivered object as specified in the consignment note.

If the carrier is liable because he did not deliver within the reasonable period specified in article 8 section 3, the compensation for delay in delivery is limited to once the freight; if the period specified in article 8 section 3 has been agreed in writing, the compensation is limited to contract rate.

The costs of expertise research, salvage and other costs which are incurred to establish and realize the value of the damaged or lost goods and of those delivered with delay are considered as depreciation of the object.

Article 14: Intention to cause damage and willful recklessness.

An act or an omission by whomever, except the carrier himself, carried out either with the intention to cause damage, or recklessly and in the knowledge that this damage would ensue, does not deprive the carrier of his right to appeal to any exoneration or limitation of his liability.

Article 15: Notice of damage.

If the goods are delivered by the carrier showing any damage or loss and the consignee does not, on receipt of the goods, communicate to the carrier a reservation in writing on the consignment note or CMR, specifying the general nature of the damage or the loss, then the carrier is presumed to have delivered the goods in the same condition as in which he received them.

If the goods are not delivered within a reasonable or an agreed period and the consignee has not, within one week of acceptance of the goods, communicated to the carrier a reservation in writing, specifying that the goods were not delivered within this period, then the carrier is presumed to have delivered the goods within this period.

Article 16: Right to claim.

Both the sender and the consignee are entitled to demand delivery of the goods in accordance with the obligations of the carrier from the carrier.

Article 17: Storage in the event that the consignee does not show up.

If the consignee does not show up after notice of arrival of the goods, , if he does not begin taking delivery of the goods, if he does not continue to accept delivery of the goods regularly and with appropriate haste, if he refuses to accept the goods or to sign for receipt, the carrier may store the goods for account and risk of the sender, observing due care, in a manner and location of his determination, if necessary also in the vehicle in which the goods were carried; the carrier is obliged to inform the sender.

Article 18: Storage before, during and after carriage.

If sender and carrier agree that the carrier will store the goods before or during the carriage as agreed, or will do so on completion of the carriage, such storage is effected under application of the General Storage Terms and Conditions, pursuant to which sender and carrier are respectively considered as the depositor and the custodian.

Article 19: Right of lien.

The carrier has a right of lien on goods and documents in his possession in connection with the contract of carriage towards any person who demands delivery of same. This right does not accrue to him if, at the time of receipt of the goods for carriage, he had reason to doubt the right of the sender to make the goods available for carriage to him.

The right of lien applies likewise to charges attached to the goods by way of COD as well as to the COD fee to which he is entitled, for which he is not obliged to accept security.

The carrier may also exercise the right of lien against the sender for reason of what is still owed to him with respect to previous contracts of carriage.

Likewise, the carrier may exercise the right of lien against the consignee who in this capacity became a party to previous contracts of carriage for reason of what is still owed to him with respect to these contracts.

If when settling the invoice a dispute arises over the amount due or if there is a need for a calculation to be made for the determination of what is due that cannot be made quickly, then the party demanding delivery is obliged to pay forthwith the part which the parties agree is due and to furnish security for the part in dispute or for the part for which the amount has not yet been established.

Article 20: Right of pledge.

All the goods, documents and monies in possession of the carrier in connection with the contract of carriage serve as pledge for all claims which he has against the sender.

Except for the cases where the sender has been declared bankrupt, has been granted moratorium of payments or in has been declared subject to a debt reorganization scheme for natural persons, the carrier shall never be entitled to sell the pledged objects without permission from the Court.

Article 21: Indemnification; Himalaya clause

The sender who fails to meet any obligation which the law or these conditions impose on him is obliged to indemnify the carrier against all damages which he might suffer as a result of this non-compliance when he is held liable by a third party on account of the carriage of the goods.

When servants and agents of the carrier are held liable on account of the carriage of the goods, these persons may invoke each liability limitation and/or exoneration which the carrier can invoke pursuant to these conditions or any other legal or contractual provision.

Article 22: Limitation period

All judicial claims based on or related to the contract of carriage are limited to one year.

In so far as a carrier seeks recourse against a person whose services the carrier has used in completing the contract of carriage to recoup what the carrier is due to the sender or the consignee a new limitation period of three months begins from the.

Article 23: Choice of court; choice of law

All disputes arising from or relating to domestic or international carriage by road between parties can exclusively be adjudicated by the competent court in Bratislava, unless the parties agree otherwise in writing.

All legal relationships ensuing from or relating to the contract of carriage are governed by Slovak law.