These general terms and conditions apply to all contracts entered into between Horizont Atlantic S.L. and its clients. The use of Horizont Atlantic S.L. services implies acceptance of these conditions. They are supplemented by individual agreements on rates and services.
1.-Contract Objects.
1.1-For the purposes of this contract, client is the person(s) who entrusts Horizont Atlantic S.L. with the performance of the transport-moving or services specified in the attached document.
1.2-The transport-moving contract shall always be formalized in writing. Its rates are calculated based on the data 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 current rates before the end of their validity period, depending on possible variations in the data provided by the client for their calculation, as well as for increases in costs beyond its own management (maritime freight, administrative charges, fuel increase, fees, etc.…)
2.-Service Mode.
-The transport-moving service includes all operations specified in the agreed MODE and its SUPPLEMENTS if any. In the case of contracting a combined service (the client shares maritime and land transport), delivery times are for information purposes only: Exclusive services have two time periods; one fixed that will depend on the destination and origin ports and will vary between 1 and 3 weeks for national services and within the EU and between 1-3 months for International services and an estimated variable time between 4 and 10 days from arrival at port to final delivery to the destination address. In combined services, transport means are shared with other clients and such periods will be particularly informed in the initial budget, these periods being merely informative for the company. Due to the COVID-19 pandemic, global supply chains have been collapsed, causing changes in transport flows, massive delays in shipments and shortage of containers for the movement of goods. Please note that this situation may force us to apply unforeseen charges due to increases in maritime transport prices. Horizont Atlantic S.L. reserves the right to make modifications to budgets and rates due to alterations in transit, cancellations or restrictions imposed by shipping and airline companies due to the pandemic.
3.-Prices and validity of transport-moving service.
3.1-. According to the following or particular conditions reflected in the budget.
3.2.-The review of the price of maritime and road transport is established based on the variation of diesel prices or by variation in market prices when the formalization of the budget has been more than 30 days since the date of issuance of the budget.
3.3.-Not included in the price nor in the agreed service: Fees for occupation of public road to be requested from the competent authority when traffic regulations prevent the parking of the transport vehicle through which the delivery takes place, understood as a case of necessity when you cannot park less than 15 meters measured perpendicularly from the entrance of the dwelling to the nearest parking that safely allows and in accordance with traffic regulations such parking.
3.4.-Customs inspections required as a result of random inspection of goods that takes place by said Authorities and that affects all goods circulating in national territory.
3.5.-The disassembly and assembly of furniture or shelving that are attached to walls or that due to their glued construction and dimensions must be handled, disassembled, and therefore it is necessary to unglue or saw them.
3.6.-The placement and hanging of wall sconces, lamps, paintings, mirrors, clocks, shelves, towel racks and curtains, nor any other decoration work that requires fastening to walls, ceilings or floors using nails, hooks, hooks and other fixing elements. Handling or transport of telecommunications devices, photocopiers, computers, electronic materials, etc., which in their respective instructions have express prohibition of being handled by third parties, disconnection of pipes, electrical devices, lamps, wall sconces, etc. These operations must be already completed at the time of starting the service, likewise the new connection and plugging of the devices is excluded.
3.7.-Without prejudice to direct checks by the Company, when the collection and/or delivery of the shipment involves special difficulty, the client must inform the Company before formalizing the contract and, in case of acceptance by both parties, the greater cost that such difficulties may cause will be assessed and attached to the moving price. The failure to declare the existence of difficulties by the client will be grounds for a claim by the Company.
It will be understood that there are special difficulties and they will be subject to evaluation to assess the price, the following:
3.4.1.-The narrowness of the street or access to the properties of origin/destination that prevent the approach of the vehicle that has carried out the transport to the foot of the building facade.
3.4.2.-The lack of space to manipulate the goods that must be loaded/unloaded.
3.4.3.-The insufficiency of balconies, windows, openings or stairs in terms of their narrowness, layout or lack of consistency, to be able to put in or take out the transported goods.
3.4.4.-Access limitations due to urban planning and/or traffic regulations, such as pedestrian streets with controlled access or that involve closure of traffic, removal of urban furniture of signals or fire hydrants.
3.4.5.-The celebration of parties or events that hinder or prevent access to loading/unloading places.
3.4.6.-The existence of a building with interior courtyards or architectural distribution that distance the entrance/exit door more than 15 meters on foot from the place where the transport vehicle is parked.
3.7.- Fee for viewing the requested budget online. Due to the high volume of budget requests received by electronic means, and in order to maintain a structure of immediate and personalized response, the Company may apply a management fee for the early viewing of the detailed budget requested through electronic means. When such fee applies, its amount will be informed in advance, clearly and with express indication of its amount in the payment link sent to the client, prior to any charge, and it will only be effective after express acceptance by the client through the act of payment itself. Its amount may vary depending on the complexity and scope of the requested budget. This fee has the nature of an advance and will be entirely deducted from the final invoice in case of service contracting. In no case does the request for a budget or the payment of this fee generate any obligation to contract.
4.-Conditioning and Packaging
When any of the disassembly, packing, unpacking and assembly operations are carried out by the client, regardless of whether the Company provides the material for such operations, the Company may reject objects, parcels or containers that are presented in poor condition, poorly packaged or marked for transport, if despite this the client insists on the shipment, such particularity will be reflected in the inventory with the following mark (PBO) and the Company will be exempt from responsibility for damages during loading, transport and unloading.
The admission, for transport, of goods packaged by the client, expressly exempts Horizont Atlantic S.L. from possible damages caused by such deficiencies.
5.-Liability Coverage.
5.1.-Undeclared Value. With the application of 8% on the value of the freight and a minimum collection per shipment of 1,000 Euros. The maximum responsibility of the carrier is extended to 65.25 Euros per m³, equivalent to 1 euro per kilo of lost or damaged goods. Without being responsible for lost profits or moral damages.
5.2.-Declared Value. The insurance that the parties have agreed upon will be applied according to the valuation value of each parcel/object, according to an inventory valued for insurance and sealed by both parties. The minimum premium for insurance is established at 160.50 Euros including taxes, below this premium the belongings are not covered with full coverage.
5.2.1.- Incomplete Set. – In case of damage to furniture, glassware or dishes, only the broken and/or damaged pieces will be replaced or compensated for, and not the remaining ones, even if a set or pair becomes incomplete.
5.2.2 Internal Mechanism Clause. – The insurance company is responsible for breakages or damage that the goods subject to this contract may suffer in their mechanisms or internal parts only when they are a consequence of transport accidents covered by the policy, which have left their traces on the packaging and on the outside of the insured objects.
5.2.3. Used Furniture Clause. – Expenses caused by ungluing of furniture legs or parts are expressly excluded, if there are no breaks or signs of violent blows on them. Likewise, all expenses or valuations for artistic demerit, sentimental value and/or similar are equally excluded.
5.3.-Claim. The recipient must declare in writing their objections to the carrier by generally describing the loss or damage at the time of delivery in case of apparent defects which must be reflected on the service report sheet that the client must sign as proof of conformity/non-conformity of the services performed. In case of non-apparent losses or damages, objections must be filed within 7 natural days following delivery of their belongings in writing to Horizont Atlantic S.L., when no objections are filed it will be presumed that the belongings were delivered in perfect condition. Claims will not be accepted for breakages or damages if the packaging was considered insufficient or inadequate for transport. Claims will require a deductible of 250 Euros for their processing, which must be paid in advance to process such claim. In case of breakages or defects on furniture surfaces, the client accepts a visit from a company representative to assess the damage, informing them in case it can be repaired by the company assigned for its restoration. In case the client does not accept repair by the restoration company on behalf of Horizont Atlantic S.L., the client may choose a different company as long as the repair amount is equal to or less than the price charged by the company assigned by Horizont for the initially budgeted repair.
5.4.-Exclusions. The carrier will not be responsible for damages, delays or losses caused by force majeure or acts of God, by political or social causes, such as sabotage, strike, military forces or measures, even in peacetime, wars, etc.; deterioration of furniture raised or lowered by balconies or difficult stairs, those caused by the narrowness of doors or corridors, and by being glued or restored; defects caused by spillage of liquids, toxic substances, or acids contained in containers, spontaneous combustion, influence of temperature, fermentation, etc., breakage of colored marble, glass and mirrors without frame; those due to the nature or inherent defect of things, in case of transports of electronic equipment, plotter, photocopiers, reproduction or information storage equipment in digital format the responsibility of the carrier will only affect the structure of such devices and their parts, with software claims and any repairs related to recalibration, adjustment, or reviews after transport by the technical service being excluded. Ultimately, the client will be responsible for checking the total number of objects loaded, the company not being responsible if any object was not loaded due to lack of review at the end of collection.
5.4.-Exclusions for partial pickups. In partial pickup services, the client undertakes to verify that all objects entrusted for transport have been loaded with no objects remaining in the dwelling that should have been loaded, and must inform the team leader otherwise before leaving the pickup location.
6.-Delivery Schedule and Client Availability: The client must be available to receive their belongings during business hours from 8 to 17 hours Monday to Friday. Communications for deliveries will be made 72 hours in advance and the client must have availability for one of the three days following notification of arrival by email, otherwise the company reserves the right to charge for storage in accordance with current rates. Deliveries requested by the client outside business hours will incur a surcharge of 20% of the accepted budget.
7.-Deliveries and Delivery Impossibilities: If the Recipient 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 Recipient cannot be identified or located, Horizont Atlantic will do everything reasonably within its reach to return the shipment to the Sender at the Sender's expense and, if 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 person, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds from the sale being returned to the Sender.
8.-Delivery Delays: Horizont Atlantic S.L. will make all reasonable efforts to deliver the shipment according to normal transit times, but these are not guaranteed and do not form part of the contract, Horizont Atlantic S.L. will not assume any loss or damage caused by delays.
9.-Damage Insurance: In case the client needs to take out specific insurance for their goods, they can do so through an independent insurance company, or our organization offers them the possibility of insuring the goods at "full risk" for their cost or replacement value, as long as the sender makes an express declaration of its contents and value and pays the applicable premium.
10.-Storage. Goods that cannot be delivered after seven natural days from their arrival at destination, without prejudice to being able to request the Transport Arbitration Board to deposit them, will incur storage charges according to current rates. Horizont Atlantic will notify the shipper and receiver, if possible, of the reason why delivery cannot be made. In case of change of recipient and/or second delivery, the difference in shipping costs will be invoiced if any.
11.-Customs Clearance. Unless otherwise indicated in writing, customs clearance at origin will be carried out by the Customs Agent selected by Horizont Atlantic S.L. The amounts for this service, both in Peninsula and Canary Islands, will be established in current rates, as well as increases for additional procedures. For payment of import taxes, when these exceed 150 euros, provision of funds will be requested to be able to clear the goods. From the moment of clearance in the Canary Islands, the taxpayer will have 15 natural days to file a written claim for any discrepancy observed in the tax settlement. (IGIC, VAT) After this time, Horizont Atlantic S.L. is exempt from any liability and it will be the client's responsibility to pay the corresponding delays and applicable fees for terminal occupation and storage of the goods. The company reserves the right not to activate the load for shipment until the client presents all the documentation requested in the budget/service formalization sent by email. Horizont Atlantic may perform any of the following activities on behalf of the Sender in order to provide its services:
11.1.-Complete any document, modify product or service codes and pay any tariff or tax required under applicable legislation and regulations.
11.2.-Act as Cargo Agent of the Sender for Customs and export control purposes and as Recipient exclusively for the purpose of designating the customs agent to process the customs clearance and entry.
11.3.-Redirect the shipment to the Recipient's import agent or to another address at the request of any person that Horizont Atlantic S.L. believes is authorized at its reasonable discretion.
12.-Dangerous Goods.
Horizont Atlantic S.L. will not accept any type of dangerous goods for shipment and the client must communicate their existence to reject them from their shipment. In case the client fails to communicate their existence, the company will be exempt from any damage to the rest of the cargo caused by them and in the case of transport in fractional loading mode will be responsible for damages caused to the rest of the goods, having to respond economically 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 offers for each case, namely: 0% for imports and exports; 3% for local services and 7% for storage services.
14.-Service Cancellation.
The withdrawal of the contract or postponement of the service at the request of the client or company will give rise to compensation in favor of the injured party. This compensation is fixed at one-third of the moving amount if the other party is notified with more than 7 days and less than 14 days before the date, or half if less. If notification is made more than 14 days in advance of the agreed date for the start of the move, no compensation will be due by either party. Such withdrawal must be made in writing by completing the corresponding withdrawal form.
15.-Payment Method and Invoicing.
Unless otherwise agreed, as described in the budget sent by email, invoices will be payable at the time of signing said contract by bank transfer, debit card, or Bizum. The obligor will incur default within thirty days, according to the terms provided in Law 3/2004 of December 29th. In no case will payment installments be contemplated for International transport. For national shipments, in case of service payment installments, the last payment is set at arrival at the destination port in Peninsula/Canary Islands; in local services once 50% of the unloading work at the destination address is completed. The client has the right to receive the invoice free of charge in paper or electronically by requesting it to the email contabilidad@horizontatlantic.com
16.-Regulations and Limitation Period.
The transport/moving contract has a commercial character and will be governed by its own clauses and, in what is not provided therein, by Law 15/2009, of November 12, on the contract of land transport of goods, and in what does not oppose it by the general conditions for the application in the contracting of road transport of goods approved by Order of the Minister of Public Works of April 25, 1997 and its subsequent modifications.
17.-Jurisdiction. For all matters relating to the performance and execution of this contract, the parties expressly submit to the courts and tribunals of the province of Santa Cruz de Tenerife, with express waiver of the Transport Arbitration Boards.