TERMS AND CONDITIONS OF SERVICE FOR CHARGERS
  1. PRIOR INFORMATION
    DESTINETI S.L. is a Spanish and Spanish commercial company, with registered office at Otamendi Anaiak Kalea, 11, Office 9, 20014 Donostia, Gipuzkoa, and with CIF B19395573, which acts as an intermediary in transport operations between the Shipper and the Effective Carrier. These operations are managed through its technological platform (web and app) that connects loading companies with verified carriers offering professional brokerage services with the objective of ensuring the best user experience by facilitating the hiring and efficient management of transport services.
    ‍
    DESTINETI S.L. is not a carrier, nor a shipper, nor a logistics operator that carries out the physical transport of goods. Its role is limited to providing a technological platform for brokerage and support services, as described in these Terms and Conditions. The responsibility for the execution of the transport service lies directly with the Effective Carrier.
  2. OBJECT
    The purpose of this content is to regulate the relationship between DESTINETI and the Shipper in the use of the transport brokerage platform, where DESTINETI acts as an intermediary between the Shipper and the Effective Carrier responsible for transporting the goods.

    The acceptance of these Terms and Conditions by the Shipper implies full understanding and acceptance of the clauses stipulated here.
  3. Definitions
    For the purpose of this document, the following concepts will be understood in accordance with the following definitions:
    - DESTINETI S.L.: refers to the platform and company responsible for the intermediation of transport services.
    - Effective Carrier: refers to the party that accepts and performs the transportation service.
    - Shipper: refers to the party that delivers the goods to be transported, and it is in their interest that they arrive at their destination in a safe and efficient manner. For the purposes of this document, the Shipper will be the registered user of the platform that requests transportation services.
    - Loading Order: document that certifies the acceptance by the Effective Carrier of a specific transportation service.
  4. DESTINETI'S OBLIGATIONS
    DESTINETI is committed to:
    - Facilitate intermediation between the Shipper and the Effective Carrier.
    - Provide an efficient management platform for brokerage between shippers and effective carriers.
    - DESTINETI initially facilitates and verifies that Effective Carriers operating through its platform declare and have the documentation that, at the time of registration and on a regular basis, enables them to comply with current legal regulations. To this end, we monitor that all carriers attach documentation that proves compliance with current regulations (licenses, insurance, CAP, EU regulations) and we maintain continuous documentary validation, always based on the information provided by the carriers and without DESTINETI assuming direct responsibility for their legality or operational safety. Full and continuous compliance with the regulations is the sole responsibility of the Effective Carrier.
  5. SHIPPER OBLIGATIONS
    The Charger undertakes to:
    - Provide all the information necessary for the proper provision of transport and associated management.
    - Ensure that the goods to be transported are properly packaged and that their contents are legal and safe for transport, complying with all applicable regulations regarding dangerous goods or transport restrictions.
    - Pay the invoices issued by DESTINETI within the agreed deadlines.
  6. Responsibility
    DESTINETI will not be responsible for damages, losses or delays in the delivery of the goods, since its role is exclusively that of intermediary between the Shipper and the Effective Carrier. The Shipper recognizes and accepts that any claim relating to or deriving from the execution of the transportation service must be directed directly against the Effective Carrier.
  7. Merchandise insurance
    The Shipper has the obligation to insure the goods transported through appropriate cargo insurance. DESTINETI does not provide merchandise insurance and will not be responsible for contracting them. The Shipper has the obligation to insure the goods transported through cargo insurance that is adequate and sufficient to cover the value of the goods. DESTINETI does not provide merchandise insurance and will not be responsible for contracting them or for covering claims or any other circumstances.
  8. Billing and payment methods
    The data will be treated confidentially and subject to appropriate technical and organizational security measures to prevent their alteration, loss, treatment or unauthorized access.
    1. Tariffs
      The rates applicable to transportation services will be available on the DESTINETI platform. These rates may be modified periodically and the Charger will be notified of any change with reasonable notice before its effective application.
    2. Means of Payment
      To facilitate the payment of bills, DESTINETI establishes the following alternatives:
      - Bank transfer: Payments will be made to the DESTINETI bank account, whose number and holder will appear on the corresponding invoice.
      - Direct debit: The Charger will provide their bank details to DESTINETI for the issuance of direct receipts against the designated account. All bank charges resulting from lack of funds, denial of payment or any other incident will be borne by the Charger.
      - Confirming: Where appropriate, DESTINETI may offer the confirmation service, allowing the Charger to manage their payments through this tool.
    3. Breach of payment obligation
      Failure to pay by the Shipper within the agreed period, and after thirty (30) days have elapsed since its due date, will force the Shipper to pay a penalty of 5% on the total amount of the invoice for late payment interest.

      If the situation persists, DESTINETI reserves the right to suspend the service to the Shipper and to contract the services of third companies for the claim and management of the debt on its behalf, with the associated costs being the responsibility of the Shipper. This suspension of services will not exempt the Shipper from its already generated payment obligations.
  9. Duration and extinction
    The contract for the provision of services between DESTINETI and the Shipper begins with the completion of the corresponding Loading Order by the Shipper and ends once the goods have been delivered to the recipient by the Effective Carrier, and all payments have been settled.
    ‍
    However, the obligations related to the status of User of the platform will remain in force until the Charger ceases to be an active user or DESTINETI
    proceed to download the Charger from the platform. From that moment on, the Charger will not be able to access or use their account or, consequently, the services offered by DESTINETI.
  10. Protection of personal data
    DESTINETI, as responsible for the processing of the personal data required and necessary for the provision of the service, in accordance with art. 6.1.b) of Regulation (EU) 679/2016, General Data Protection, undertakes to process the personal data of users in accordance with the provisions of current legislation on the subject, being able to obtain detailed information on the processing of DESTINETI customer data on its website and in the app, and rights relating to the processing of personal data can be exercised by addressing the specific request to DESTINETI via email info@destineti.com
  11. Miscellaneous
    1. Intellectual Property
      All intellectual and industrial property rights over the contents, data, images, texts and any other material transmitted, stored or published through the platform are the property of DESTINETI.

      The reproduction, distribution, public communication, transformation or any other form of exploitation of such content is expressly prohibited without the prior written authorization of DESTINETI.
    2. Resignation
      The fact that DESTINETI does not require strict compliance with any of the Shipper's contractual obligations, or does not exercise any of the rights that correspond to it, will not be interpreted as a waiver of such rights or actions, nor will it exempt the Shipper from fulfilling its obligations. Any waiver or agreement must be made in writing and formally notified to the Shipper.
    3. Amendments
      These terms and conditions are subject to change and update from time to time. Every time a modification is implemented, the Charger will be notified when accessing the platform.

      The Shipper must accept the new conditions to continue using DESTINETI services. If the Charger does not accept the modifications, they must immediately cease using the platform.
    4. Variations on the platform
      DESTINETI reserves the right to modify, interrupt or suspend the content of its platform or brokerage services, either temporarily or permanently. These actions will be carried out without incurring liability, except for willful misconduct or serious negligence, and whenever reasonably possible, users will be informed in advance.

      In addition, DESTINETI may deactivate or delete user accounts, provided that there are justified causes for this and in strict compliance with applicable legislation.
    5. Exclusion of Charger terms and conditions
      Any general conditions for the provision of services imposed by the Charger are expressly excluded, and only the conditions established by DESTINETI apply. Acceptance of these Terms and Conditions implies the shipper's waiver of the application of any of its own conditions.
  12. PARTIAL NULLITY
    If any of the clauses in this document are declared null or unenforceable, the rest of the clauses will remain in force.
  13. ACCEPTANCE OF TERMS AND CONDITIONS
    The acceptance of this content will be carried out through the acceptance of the conditions and terms established on the Destineti platform.
  14. APPLICABLE LAW AND JURISDICTION
    This document will be governed by the clauses contained in this document and, where not provided for, by the common Spanish legislation in force.

    By accepting these general contracting conditions, the Shipper recognizes and accepts that any dispute, claim or conflict related to the services provided by DESTINETI S.L. will be resolved exclusively by the competent courts at the company's registered office, in Guipuzcoa, and under Spanish legislation.

    In addition, the Shipper expressly waives any other jurisdiction that may apply to him by law, accepting that DESTINETI S.L. will always have legal priority in case of disputes. This waiver will not affect the shipper's inalienable rights as a consumer, if the law grants him such status.