These general terms and conditions apply to all contracts entered into between Horizont Atlantic S.L. and its clients. Use of Horizont Atlantic S.L.'s services implies acceptance of these conditions. They are supplemented by individual rate and service agreements.
1.- Subject matter of the contract.
1.1- For the purposes of this contract, the client is the person(s) who commissions Horizont Atlantic S.L. to carry out the removal/transport or services specified in the attached document.
1.2- The removal/transport contract shall always be formalised in writing. Its rates are calculated on the basis of information provided by the client regarding origin, destination, type of goods, quantity, volume and individual characteristics. Horizont Atlantic S.L. reserves the right to modify specific offers or discounts on rates in force before the end of their validity period, based on possible variations in the data provided by the client for their calculation, as well as cost increases beyond the company's own management (sea freight, administrative charges, fuel surcharges, taxes, etc.)
2.- Service modality.
- The removal/transport service covers all operations specified in the agreed MODALITY and its SUPPLEMENTS where applicable. In the case of a combined service (where the client shares sea and road transport resources), delivery times are provided for information purposes only. For exclusive services there are two time segments: one fixed segment depending on the destination and origin ports, ranging between 1 and 3 weeks for domestic and intra-EU services and between 1 and 3 months for international services; and a variable estimated period of 4 to 10 days from arrival at port to final delivery at the destination address. For combined services, transport resources are shared with other clients and specific timescales will be communicated in the initial quote, these timescales being purely indicative. Due to the COVID-19 pandemic, global supply chains have been severely disrupted, causing changes in transport flows, widespread shipping delays and container shortages for the movement of goods. Please note that this situation may require us to apply unforeseen charges due to increases in maritime transport prices. Horizont Atlantic S.L. reserves the right to make amendments to quotes and rates due to changes in transit, cancellations or restrictions imposed by shipping and airline companies as a result of the pandemic.
3.- Prices and validity of the removal/transport service.
3.1-. In accordance with the following or specific conditions set out in the quote.
3.2.- The price of maritime and road transport is subject to revision based on variations in the price of diesel fuel or market price changes when the quote was formalised more than 30 days prior to the date of issue of the quote.
3.3.- Not included in the price or agreed service: Public highway occupation permits to be requested from the competent authority when traffic regulations prevent the parking of the transport vehicle used for delivery — a situation deemed necessary when it is not possible to park within 15 metres measured perpendicularly from the entrance of the dwelling to the nearest parking space that legally and safely allows such parking in accordance with traffic regulations.
3.4.- Inspections required by Customs as a result of random checks on goods carried out by such Authorities, which affect all goods in circulation within national territory.
3.5.- The disassembly and reassembly of furniture or shelving that is attached to walls or that, due to its glued construction and dimensions, must be handled, disassembled and therefore unglued or cut.
3.6.- The installation and hanging of wall lights, lamps, pictures, mirrors, clocks, shelves, towel rails and curtains, nor any other decorative work requiring attachment to walls, ceilings or floors using nails, hooks, brackets or other fixing elements. Handling or transport of telecommunications equipment, photocopiers, computers, electronic equipment, etc., whose respective instructions expressly prohibit handling by third parties, or the disconnection of pipes, electrical appliances, lamps, wall lights, etc. These operations must already have been completed by the time the service begins; likewise, reconnection and plugging in of appliances is also excluded.
3.7.- Without prejudice to the company's own direct checks, where the collection and/or delivery of the shipment involves particular difficulty, the client must notify the company before formalising the contract and, if both parties agree, the additional costs arising from such difficulties will be assessed and added to the removal price. Failure by the client to disclose the existence of such difficulties shall entitle the company to make a claim.
Situations deemed to present particular difficulties and to be assessed for pricing purposes include the following:
3.4.1.- The narrowness of the street or access to the origin/destination property that prevents the transport vehicle from reaching the front facade of the building.
3.4.2.- Insufficient space to handle the goods to be loaded/unloaded.
3.4.3.- Inadequate balconies, windows, openings or stairways in terms of width, layout or structural integrity for moving the transported goods in or out.
3.4.4.- Access restrictions due to urban planning and/or traffic regulations, such as pedestrian streets with controlled access or that require closure of traffic, removal of street furniture, signs or fire hydrants.
3.4.5.- Festivals or events that hinder or prevent access to the loading/unloading areas.
3.4.6.- Buildings with inner courtyards or architectural layouts that place the entrance/exit door more than 15 metres on foot from where the transport vehicle is parked.
4.- Packing and packaging
When any of the disassembly, packing, unpacking or assembly operations are carried out by the client — regardless of whether the materials for such operations are provided by the company — the company may refuse items, packages or containers that are presented in poor condition, inadequately packed or improperly labelled for transport. If despite this the client insists on shipment, this particularity shall be noted in the inventory with the mark (PBO) and the company shall be exempt from liability for any damage during loading, transport and unloading.
Acceptance for transport of goods packed by the client expressly exempts Horizont Atlantic S.L. from any damage arising from such deficiencies.
5.- Liability coverage.
5.1.- Undeclared value. Applying 8% of the freight value with a minimum charge per shipment of 1,000 Euros. The carrier's maximum liability is extended to 65.25 Euros per m3, equivalent to 1 Euro per kilogram of goods lost or damaged. Loss of profit and moral damages are not covered.
5.2.- Declared value. The insurance agreed upon by both parties shall apply based on the assessed value of each item/object, as per the valued inventory for insurance purposes signed and stamped by both parties. The minimum insurance premium is set at 160.50 Euros inclusive of taxes; below this premium, belongings cannot be insured with all-risks coverage.
5.2.1.- Unmatched sets. – In the event of damage to furniture, glassware or crockery, only the broken and/or damaged pieces shall be replaced or compensated, not the remaining pieces, even if a set or pair is left incomplete.
5.2.2 Clause regarding internal mechanisms. – The insurance company is liable for breakage or damage to the internal mechanisms or parts of goods covered by this contract only when such damage results from transport accidents covered by the policy that have left visible traces on the packaging and on the exterior of the insured items.
5.2.3. Used furniture clause. – Costs arising from the ungluing of legs or parts of furniture are expressly excluded unless there is evidence of breakage or signs of violent impact. Likewise excluded are all costs or assessments relating to artistic diminution in value, sentimental value and/or similar concepts.
5.3.- Claims. The consignee must notify the carrier in writing of any reservations, describing in general terms any loss or damage at the time of delivery in the case of evident damage, which must be recorded on the service report sheet to be signed by the client as proof of conformity/non-conformity with the services provided. In the case of non-apparent loss or damage, reservations must be submitted in writing to Horizont Atlantic S.L. within 7 calendar days immediately following delivery of belongings; failure to submit reservations shall create a presumption that the belongings were delivered in perfect condition. Claims for breakage or damage will not be accepted if the packaging was considered insufficient or inadequate for transport. Claims require a deductible of 250 Euros to be processed, payable in advance. In the case of surface damage to furniture, the client accepts a visit by a company representative to assess the damage and, where repair is possible, to indicate the company assigned for restoration. Should the client refuse repair by the restoration company assigned by Horizont Atlantic S.L., the client may choose a different company provided the repair cost is equal to or less than the price quoted by the company originally assigned by Horizont.
5.4.- Exclusions. The carrier shall not be liable for damage, delays or losses arising from force majeure or unforeseeable circumstances, political or social causes such as sabotage, strikes, military forces or measures even in peacetime, wars, etc.; damage to furniture moved up or down through balconies or difficult stairways, damage caused by the narrowness of doorways or corridors, or by items being glued or restored; damage caused by spillage of liquids, toxic substances or acids contained in receptacles, spontaneous combustion, temperature effects, fermentation, etc.; breakage of coloured marble, glass panes and mirrors without frames; damage due to the nature or inherent defect of the goods. In the case of transport of electronic equipment, plotters, photocopiers, digital information reproduction or storage equipment, the carrier's liability covers only the physical structure of such devices and their parts; claims relating to software and any repairs connected with recalibration, adjustment or post-transport servicing by technical personnel are excluded. Ultimately, the client is responsible for checking the total number of items loaded; the company shall not be liable if any item was not loaded due to failure to review at the completion of collection.
5.4.- Exclusions for partial collections. For partial collection services, the client undertakes to verify that all items entrusted for transport have been loaded and that no item that should have been loaded remains at the premises, and to notify the team leader of any such item before the team leaves the collection site.
6.- Delivery schedule and client availability: The client must be available to receive their belongings during working hours from 8 a.m. to 5 p.m. Monday to Friday. Delivery notifications will be given 72 hours in advance and the client must be available on one of the three days following notification of arrival by email; failing this, the company reserves the right to charge storage costs in accordance with current rates. Deliveries requested by the client outside working hours will incur a 20% surcharge on the accepted quote.
7.- Deliveries and failed deliveries: If the consignee refuses to accept or pay for the delivery, or if the shipment is considered unacceptable, or has been undervalued for customs purposes, or if the consignee cannot be identified or located, Horizont Atlantic will make every reasonable effort to return the shipment to the sender at the sender's expense and, if this is not possible, the shipment may be abandoned, destroyed, disposed of or sold by Horizont Atlantic S.L. without incurring any liability to the sender or any other party, with proceeds applied against service charges and related administrative costs and any remaining proceeds returned to the sender.
8.- Delivery delays: Horizont Atlantic S.L. will make every reasonable effort to deliver the shipment within normal transit times, but these are not guaranteed and do not form part of the contract. Horizont Atlantic S.L. will not assume liability for any loss or damage caused by delays.
9.- Damage insurance: Should the client require specific insurance for their goods, they may arrange this through an independent insurance company, or our organisation offers the option of insuring goods on an all-risks basis at cost or replacement value, provided the sender makes an express declaration of contents and value and pays the applicable premium.
10.- Storage. Goods that cannot be delivered within seven calendar days of arrival at destination — without prejudice to the possibility of requesting deposit with the Transport Arbitration Board — will accrue storage charges at current rates. Horizont Atlantic will notify the sender and the consignee, where possible, of the reason why delivery cannot be effected. In the event of a change of consignee and/or a second delivery attempt, any difference in freight charges will be invoiced.
11.- Customs clearance. Unless otherwise indicated in writing, customs clearance at origin will be carried out by the customs agent chosen by Horizont Atlantic S.L. The costs of this service, both on the mainland and in the Canary Islands, will be established in the current rates, as will surcharges for additional procedures. For the payment of import duties, when these exceed 150 Euros, a funds advance will be requested in order to clear the goods through customs. From the moment of clearance in the Canary Islands, the taxpayer will have 15 calendar days to submit a written claim regarding any discrepancy observed in the tax settlement (I.G.I.C., VAT). After this period, Horizont Atlantic S.L. is exempt from any liability and the client will be responsible for payment of the corresponding demurrage and applicable charges for terminal occupation and storage of the goods. The company reserves the right not to activate the cargo for shipment until the client has submitted all documentation requested in the quote/service formalisation sent by email. Horizont Atlantic may carry out any of the following activities on behalf of the sender in order to provide its services:
11.1.- Complete any document, amend product or service codes and pay any duty or tax required under applicable legislation and regulations.
11.2.- Act as the sender's freight agent for customs and export control purposes and as consignee solely for the purpose of designating the customs agent to handle customs clearance and entry.
11.3.- Redirect the shipment to the consignee's import agent or to another address at the request of any person whom Horizont Atlantic S.L. reasonably believes to be authorised.
12.- Dangerous goods.
Horizont Atlantic S.L. will not accept any dangerous goods for shipment; the client must notify the company of the existence of such goods so that their shipment can be declined. Should the client fail to disclose their existence, the company will be exempt from liability for any damage to the remainder of the cargo caused by such goods and, in the case of groupage transport, the client will be liable for damage caused to other goods and will be financially responsible to the owners of the rest of the cargo. Likewise, the company declares that plants and animals cannot be transported.
13.- Taxes.
Rates do not include IGIC, but the applicable tax rate will be indicated in the quotes as follows: 0% for imports and exports; 3% for local services and 7% for storage services.
14.- Cancellation of service.
Withdrawal from the contract or postponement of the service at the request of either the client or the company shall give rise to compensation in favour of the affected party. Such compensation is set at one third of the removal amount if the other party is notified more than 7 days but less than 14 days before the date, or one half if less than 7 days' notice is given. If notification is given more than 14 days before the agreed start date of the removal, no compensation shall be due from either party. Such withdrawal must be made in writing by completing the corresponding withdrawal form.
15.- Payment method and invoicing.
Unless otherwise agreed as set out in the quote sent by email, invoices are payable upon signing of the contract by bank transfer, debit card or Bizum. The party liable for payment will be in default after thirty days, under the terms set out in Law 3/2004 of 29 December. Instalment payments are not permitted under any circumstances for international transport. For domestic shipments where payment is split, the final payment is due upon arrival at the destination port on the mainland/Canary Islands; for local services, once 50% of the unloading work at the destination address has been completed. The client has the right to receive the invoice free of charge in paper or electronic format by requesting it at [email protected]
16.- Regulations and Limitation Period.
The transport/removal contract is of a commercial nature and shall be governed by its own clauses and, where not provided for therein, by Law 15/2009 of 12 November on contracts for the road haulage of goods, and, where not in conflict therewith, by the general conditions applicable to the contracting of road haulage services approved by Order of the Minister of Public Works of 25 April 1997 and its subsequent amendments.
17.- Jurisdiction. For all matters relating to the fulfilment and execution of this contract, the parties expressly submit to the courts and tribunals of the province of Santa Cruz de Tenerife, expressly waiving the Transport Arbitration Boards.