General Terms and Conditions - GO! Express & Logistics, s.r.o.

I. Scope of application

The target group of these General Terms and Conditions are the business partners of GO! Express & Logistics s. r. o. We transport or arrange transport of small express consignments. Unless otherwise regulated by the following General Terms and Conditions, the transport is carried out according to the statutory regulations. For international carriage by road, the provisions of the Agreement on the Contract of Carriage for International Carriage of Goods by Road (CMR), for international carriage by air, the Agreement for the Unification of the Law for the Carriage of Air Freight (Warsaw Agreement) and for international carriage by rail, the Convention concerning the International Carriage of Goods by Rail (CIM) apply.

Other terms and conditions of the shipper shall only apply if we confirm them in writing before the commencement of the contract.

II. Services and prices

Our shipping services include pick-up, transport and delivery. The delivery time stated in the contract of carriage or other arrangements between us and the sender is only a non-binding estimate of the delivery time, unless otherwise expressly agreed.

We shall not be liable for delays or non-delivery of the shipment or any part thereof if they result from circumstances beyond our control, including but not limited to - acts of God including storms, floods, fire, fog, snow or frost; - acts of God including acts of war, accidents, strikes, embargoes, local disputes or civil disturbances; - national or local disruptions of land transport networks and mechanical problems of transport vehicles or machinery.

Shipments that can be delivered in the Czech Republic or sent abroad only pursuant to Act No. 29/2000 Coll., on Postal Services, or pursuant to other legislation as amended, are excluded from transportation. Shipments with a value of more than EUR 50,000.00 are also excluded from transportation in the case of direct shipments. The sender is obliged to notify us of this fact. Particularly shipments with a very high value are excluded from carriage if the sender did not request in writing when the contract was awarded transport insurance or insurance for valuable items within the meaning of Article IV. with the correct indication of value, or if special written separate contractual arrangements have not been made. Goods of particular value include, but are not limited to, items of extraordinary value (such as works of art, exchangeable securities, antiques, precious stones, stamps, unique items, gold, silver or other jewellery, or negotiable exchangeable securities (in particular cheques, bills of exchange, deposit books, shares or other principal). Also excluded from carriage are money, perishable foodstuffs, certain dangerous goods, and goods which endanger persons, animal life or means of transport. International shipments also exclude goods that are excluded from air transport under the provisions of the International Air Transport Association (IATA) or the International Civil Aviation Organisation (ICAO).

We are not obliged to examine the contents of a shipment before accepting it. Pursuant to Section 2557 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code"), the sender is obliged to provide us with correct information about the contents of the shipment and its nature and is liable for any damage caused to us by a breach of this obligation. The sender cannot be exempted from liability for damage caused by a breach of this obligation pursuant to Section 2913 of the Civil Code. If the incorrect information affects the degree of professional care taken by us in carrying out the transport, we shall not be liable for damage to the consignment pursuant to section 2566(1) or section 2566(2)(a) of the Civil Code. We are obliged to report to the consignor within a reasonable period of time any damage to the consignment incurred before delivery to the consignee. If there is imminent and substantial damage to the consignment and there is no time to request instructions from the sender or if the sender delays such instructions, we are entitled to sell the consignment in an appropriate manner at the sender's expense. In international carriage, we are entitled to fold, destroy or dispose of dangerous consignments, the dangerous nature of which is not known to us, at any time and at any place, without any obligation to pay compensation. In addition, the shipper shall be liable for all expenses and damages incurred in the delivery of such shipment for carriage or in its carriage. If the dangerous or excluded consignment is returned to the consignor, the consignor shall also bear the cost of return carriage.

Transportation to the recipient is usually carried out by a transport route appropriate to the type of service ordered. It is always possible to expressly agree on same day, overnight or direct delivery. Depending on the type of service, the parcel is then delivered within the delivery time specified in the currently valid price list.

The fee to be paid for the carriage must be paid in cash at the latest when the parcel is handed over to the courier who has accepted the order, unless another agreement has been expressly made at the time of taking delivery of the parcel. If payment is not made at or after receipt of the transported consignment, then no later than fourteen days after receipt of the transported goods or fourteen days after receipt of the invoice, payment shall become overdue without further notice, unless another agreement has been made concerning payment, performance requirements and other ancillary performance. In the event of default, we shall apply default interest at the rate of 0.05% of the amount due for each day of delay. The possibility of claiming higher damages remains reserved.

We always charge the higher of the actual gross weight and the volumetric weight. The volumetric weight is determined by converting: (length times width times height of the consignment in centimetres) divided by 5000. During transport we can check the weight or volume of the consignment or the number of pieces in the consignment. In the event of a discrepancy between the weight or volume of the shipment or the number of pieces in the shipment as stated in the order or on the bill of lading, the data we have determined during this check will be used to calculate the freight charge or to determine the surcharge.

We reserve the right to charge additional surcharges, especially in the case of atypical shipments, in case of difficult handling of shipments, as well as in case of delivery to remote areas or areas with poor accessibility. Additional surcharges may also be charged for specific requirements relating to the delivery of consignments, the carriage of consignments under a special regime or the temporary storage of consignments. In particular, we reserve the right to charge extra for shipments heavier than 70 kg.

The current tariff and additional information on dimensions and weight are available here.

III. Acceptance and dispatch

Acceptance of the order shall be effected by acceptance, at the latest by handing over the consignment by or for the consignor; and execution as soon as the transport situation and the disposition of the individual courier vehicles permit. The time for delivery begins upon acceptance of the consignment.

Any changes reported after collection are not guaranteed (in particular changes of address, service, delivery date).

The sender is obliged to provide complete contact details of the recipient. Failure to do so exposes the sender to the risk of non-delivery due to an incorrect or incomplete address, which cannot be considered a failure to comply with the terms of carriage on our part and does not give rise to a claim.

We shall be entitled to require the sender to confirm the requested carriage to us in the transport document and the sender shall be entitled to require us to confirm receipt of the consignment in writing. We may be contractually obliged to issue the consignor with a waybill on receipt of the consignment for carriage.

We are entitled - but not obliged - to open parcels to verify the address or if we suspect that the parcel is unsafe, or is a shipment that is not allowed to be transported.

The information on the time of delivery is in principle non-binding. If the parcel is undeliverable, the delivery time is always extended by at least one day.

Parcels may be deposited in a letter box if this is agreed separately. They shall be deemed to have been delivered upon insertion. Our guarantee period ends upon insertion in the letter box.

Parcels whose acceptance has been refused by the recipient or which could not be delivered for other reasons shall be returned to the sender at the sender's expense in accordance with our price list, unless otherwise agreed.

Delivery of parcels shall be made against the signature of the recipient or other persons present at the delivery address or named by the sender who may be presumed by the totality of the circumstances to be authorised to receive the parcel. If the address of the addressee is a business address, delivery shall be made during normal business hours at the addressee's post office or, in the absence thereof, at a place competent to receive mail.

IV. Liability

We will be liable for the loss of the consignment up to the value of the consignment at the time it was handed over to us. If the shipment is lost or damaged in the Czech Republic or outside the Czech Republic, we are liable according to the CMR.

For shipments delivered by the next day (Overnight range) and same day deliveries (Same-Day-Service), our liability for loss is limited to the value the shipment had at the time it was handed over to us, our liability for damage to the shipment is limited to the difference between the value the shipment had at the time we received it and the value the damaged shipment would have had, in either case according to the CMR.

According to Section 2566 of the Civil Code, we are not liable for damage to a shipment if we could not have prevented the damage even with the exercise of professional care. Furthermore, we shall not be liable for damage to the consignment if the damage was caused by the sender, the consignee or the owner of the consignment, by a defect or by the natural nature of the contents of the consignment, including normal loss. The customer of the shipment is responsible for the safe packaging of the shipment for transport. Damage caused by defective packaging shall be the responsibility of the sender, provided that we have advised the sender at the time of acceptance of the shipment of the inadequate security of the shipment for transport. We shall not be liable for damage caused by defective packaging if the defect in the packaging was not noticeable at the time of receipt of the shipment.

In the event of an explicitly higher declaration of value by the consignor in accordance with Article II, paragraph 2 and an additional authorisation, an increased transport insurance is taken out (premium and conditions as required). Our limitation of liability pursuant to Article IV.1 remains unaffected. The sender shall be entitled to the insurance benefits of the insurance he has taken out.

When ordering additional insurance (GO! AllRisk service), the value of the goods must be the same in the transport order and the order for additional insurance. Any change in the sum insured must be notified in writing in advance by the sender. In the event that any document (e.g. the bill of lading) shows an amount different from the amount stated in the transport order and the supplementary insurance order, it will be disregarded.

V. Complaints

If you are claiming damages for lost, destroyed, damaged or delayed shipments or if you are claiming for the cost of a given service, you must follow the following procedure, otherwise we reserve the right to reject your claim:

the loss, damage or delay of a shipment must be notified in writing or by email no later than 7 days from the date on which the shipment was delivered or 7 days from the date on which it should have been delivered, in the case of 7 days from the date on which you became aware of its loss, damage or delay. If your claim is of a price nature, it must be notified via the claim form on our website within 7 days of the date of receipt of the invoice.
within 7 days from the date of reporting the loss, damage or delay, the Claims Report on our website must be duly completed and all relevant information and documents defined in the Claims Report must be sent.
we are not obliged to deal with the claim if we have not been paid the fee for the transport services, the Sender is not entitled to deduct the amount claimed from the fee to be paid for the transport.
if the recipient does not indicate damage in writing in the handover report or does not make a note of damage to the consignment upon receipt of the consignment, we always assume that the consignment was delivered in good condition and without reservations.
in the event that the Sender receives full or partial reimbursement under the claims procedure, the Sender also warrants to us that its insurers or other parties having an interest in the shipment waive any and all rights and recourse that would arise from the assignment of the Sender's claims.
the shipment cannot be considered lost until a period of 30 days has elapsed since the claim for non-delivery. This period may be shortened in a particular case.
we undertake to settle the complaint without undue delay, but no later than within 60 calendar days. The time limit starts to run from the day after the complaint is submitted via the complaint form and all the necessary documents are delivered and we confirm their completeness. If the deadline ends on a holiday or weekend, it is extended to the next working day.

VI. Provisions for customs clearance

If the shipment is subject to customs clearance, the following applies:

The sender shall submit all documents required for customs clearance. By submitting the necessary documents, the consignor certifies that all the information given in the export and import declarations is true and correct. The consignor understands that incorrect and fraudulent declarations may have civil and criminal consequences, including seizure and sale of the goods. We, as customs agents, are responsible for clearing the shipment to the courier, if permissible. We are appointed as a formal consignee for the purpose of customs brokerage to complete customs formalities. Customs penalties, storage charges and other costs incurred by the actions of customs authorities or by reason of failure of the consignor or consignee to produce export documents, licences or permit certificates will be invoiced by us to the consignee, including, in each case, the customs duties and taxes collected. In the event that the consignee fails to immediately meet its payment obligation, the shipper shall be liable. For customs clearance, tariff surcharges apply according to our current price list.

VII. Dangerous goods

Except in the circumstances set out in the paragraph below, we do not transport or perform other services for dangerous goods, including goods which we consider to be dangerous, in particular those listed in the International Civil Aviation Organization (ICAO) Technical Guidelines, the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods (IMDG), the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) or other international or national regulations applicable to the transport or other services for dangerous goods.

At our discretion, we may accept certain dangerous goods for transport to selected countries. We may only accept dangerous goods if they comply with the relevant regulations and our requirements. Please contact our Operations Department for details of our requirements. We will charge you an appropriate surcharge when we accept such shipments.

For the carriage of consignments subject to the European Convention on the International Carriage of Dangerous Goods by Road (ADR), a special contract of carriage must be concluded. The consignor is obliged to request from us confirmation of the possibility of such carriage prior to the carriage. We reserve the right to refuse dangerous goods at any location where such goods cannot be accepted in accordance with applicable legislation.

The Sender shall be solely responsible for any damage caused by failure to comply with any ADR carriage rules or other regulations. The Sender shall ensure and be responsible for the fully effective packaging of all dangerous goods in accordance with the requirements of ADR classification, method of packaging, labels and markings, documentation, and with respect to applicable laws, regulations and rules. Dangerous goods may be shipped internationally using the GO! Express.

VIII. Data protection

We are entitled to collect, store and process the data you have provided in connection with our services and to transfer this data to other GO! partner companies, including abroad, if and when this is necessary for the performance of our services. Data processing may be carried out with regard to other performances and offers from us or GO! You agree to this data acquisition and processing as well as the transfer, in particular also to governmental locations or customs authorities.

IX. Place of Judgement

The place of jurisdiction shall be the registered office of the company, unless otherwise agreed.

Prague, 1 August 2024

Mgr. Martin Koča
CEO