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TERMS AND CONDITIONS OF SERVICE FOR CARRIERS
  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 Effective Carrier in the use of the transport brokerage platform, where DESTINETI acts as an intermediary between the Shipper and the Effective Carrier, who is responsible for transporting the goods. The acceptance of these Terms and Conditions by the Effective Carrier implies full understanding and adherence to the clauses stipulated here, regulating their access and participation in the platform for the provision of services.
  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. OBLIGATIONS OF DESTINETI S.L.
    DESTINETI is committed to:
    - Facilitate intermediation between the Shipper and the Effective Carrier by providing an efficient management platform for this purpose.
    - Provide the information necessary for the proper execution of transportation services.
    - Facilitate and verify the operation of Effective Carriers through the platform.
    - Make the agreed payments to the Effective Carrier within the established deadlines with a guarantee of collection and risk coverage, so that the carrier is guaranteed to collect its service against defaults through our credit insurance with Solunion, which provides trust and legal security to both parties.
  5. OBLIGATIONS OF THE ACTUAL CARRIER
    The Effective Carrier undertakes to:
    - Accept and perform the transport service in accordance with the conditions established in the Loading Order.
    - Comply with all applicable transportation regulations and regulations.
    - Ensure the adequate provision of the service, assuming responsibility for the cargo transported.
    - Attach the documentation that, at the time of registration and on a regular basis, enables them to comply with current legal regulations for the provision of the transport service, assuming direct responsibility for the legality or operational safety of said service, with full and continuous responsibility and compliance with current applicable regulations.
  6. Responsibility
    Destineti's liability to the Effective Carrier will be limited to the exclusive obligation to facilitate the use of the platform and, therefore, to take the necessary steps to facilitate the provision of the Service. Under no circumstances will Destineti S.L. be responsible for any damages that may arise from the Transportation Service or from any breach in the execution of transport services by the Effective Carrier, as well as for any claim that may arise as a result of the Service. The Effective Carrier will be solely responsible to third parties for damages caused by the provision of the service. 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, so the Shipper recognizes and accepts that any claim relating to or deriving from the execution of the transport service must be directed directly against the Effective Carrier.
  7. INSURANCE AND AUTHORIZATIONS
    1. Insurance
      Destineti will subscribe to and keep fully in force, with a company of recognized solvency, civil liability and merchandise insurance, sufficient according to the characteristics of the shipment (s) and the vehicle (s) used to cover possible liabilities arising from the provision of the Transportation Service or the use of the platform, and with the minimum limit that, if appropriate, is agreed between Destineti and the Effective Carrier.

      Destineti will ensure that the Effective Carrier has contracted and maintains fully in force from the acceptance of the Loading Order and until the complete completion of the Service, the insurance that is mandatory in accordance with the legislation in force at any given time (such as compulsory civil liability insurance for motor vehicles), adequate to cover claims that may arise as a result of material and/or personal damage caused to Destineti and/or third parties, derived from the provision of the Transportation Service.

      Destineti reserves the right to require the Effective Carrier, for any Service, to take out Freight Transport Insurance with the coverage it expressly and, at its sole discretion, deems necessary.

      In any case, to carry out an International Service and National FTL Service, the Effective Carrier must have contracted and in force, at the time of acceptance and until the Service is completed, an insurance policy for the transport of goods by road with a minimum coverage of 150,000 euros and with territorial coverage that includes both the origin and the destination of the Service, with a renowned insurance company.

      The Effective Carrier will make available to Destineti, prior to the execution of the Service or at any time thereafter upon request by Destineti S.L., the full insurance policy and the bank receipt or proof of payment for the same. The lack of proof of the insurance policy and its payment by the Effective Carrier will empower Destineti to assign the Cargo Order, at any time, to another carrier.

      The Effective Carrier's breach of the obligation to contract and maintain insurance policies constitutes a serious breach of the carrier's obligations, which will empower Destineti. to delete its User account, without the Effective Carrier being entitled to compensation.
    2. Transportation, Vehicle and Driver Authorizations
      The Effective Carrier must be in possession of the transport authorization that enables him to carry out the transport and will not accept the service if his authorization has expired, not approved on time or suspended by the administration. For the provision of domestic transport services, you must be accredited with a national transport authorization and for the provision of international transport you must prove that you have the corresponding Community license.

      The Effective Carrier will provide service with their own vehicle and will be responsible for keeping all the documentation necessary for the provision of the service and start-up of the vehicle and its auxiliary equipment up to date.

      The Effective Carrier will provide the service with its own personal means and if it has workers, the Effective Carrier guarantees that they are hired by him and in compliance with all applicable laws and regulations; in particular the
      related to wage payment, social insurance and compliance with regulations regarding driving and rest times for their drivers especially. In the same way, it is the responsibility of the Effective Carrier that its employees have the legally required training and permits for the performance of their duties:
      ‍
      - Authorized driving license for the type of vehicle
      - CAP Certificate of Aptitude
      - Tachograph card
      - Any other certification necessary for the performance of the service
    3. Obligations with respect to the provision of the service
      The Effective Carrier guarantees to have sufficient capacity and resources to meet the requirements required for the provision of the accepted service, whether performed personally or performed by an employee of his own, and therefore his responsibility and commitment are also the following:
      ‍
      - Do not subcontract the service to third parties under any circumstances without the express permission of Destineti S.L. Only Destineti S.L., and in case of force majeure, may authorize additional subcontracting. The breach of this point, due to its seriousness, would empower Destineti S.L. to unilaterally terminate the business relationship without the right to any compensation and to claim any compensation from the Effective Carrier for any damages that the Shipper or Destineti S.L. may suffer as a result of said breach.
      ‍
      - Do not carry out a transport that, due to its conditions, endangers road safety or that, due to the characteristics of the vehicle, is not suitable for the type of merchandise.
      - Monitor the stowage process by checking the apparent condition of the merchandise and its packaging, as well as making sure that the goods are properly fastened and do not compromise safety during the journey.
      - Note in the transport documentation any defect or reservation on the merchandise that you consider in your opinion to compromise safety or that its nature does not match those declared by the Shipper or Shipper. The Effective Carrier will assume responsibility for the lack or inaccuracy of such reservations if they should have been declared. The Effective Carrier may reject poorly conditioned or misidentified packages that do not meet the necessary conditions to be transported.
      - Do not transport illegal products, dangerous goods or goods directly prohibited for transport.
      - Guarantee delivery under the same conditions as it was loaded at the origin, except for its own deterioration due to its nature.
      - The Effective Carrier will be solely responsible for the provision of the service and will also assume responsibility for damage to the merchandise, as well as for claims for non-compliance and/or defects in delivery.
  8. PAYMENT TERMS
    The payment for the transport services offered through the Destineti platform will be made as stipulated therein, once the required documentation has been correctly loaded and accepted. This documentation must include, among others, the CMR, POD (Proof of Delivery), packing slip, or any other Bill of Lading required by applicable regulations, duly signed and sealed by the parties involved in the transaction.
    ‍
    Destineti undertakes to pay the amount agreed for the transport service, as well as the previously agreed additional amounts, if any, within a maximum period of sixty (60) calendar days from the receipt of the valid invoice and the corresponding proof of delivery. This proof must prove the actual delivery of the merchandise without incidents or reservations by the Shipper, Shipper or Recipient. Additionally, the possibility of immediate payment is offered, subject to a discount of 5% on the total amount of the invoice, with an applicable minimum of ten euros (10.00€).
  9. DURATION AND EXTINCTION
    The provision of Transportation Services between Destineti and the Effective Carrier begins with the assignment and acceptance by the Effective Carrier of the Freight Order and ends at the time of delivery of the goods by the Effective Carrier to the Recipient. Notwithstanding the foregoing, the obligations deriving from the status of User will remain in force until the Effective Carrier ceases to be a User or Destineti S.L. cancels you from the platform (after which time the Effective Carrier will not have the right to access and use your account).
  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 content, 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 Carrier'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 Carrier from fulfilling its obligations.

      Any waiver or agreement must be made in writing and formally notified to the Carrier.
    3. Amendments
      These terms and conditions are subject to change and update from time to time. Every time a modification is implemented, the Carrier will be notified when accessing the platform.
      ‍
      The Carrier must accept the new conditions to continue using DESTINETI services. If you do not accept them, you 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 from this document, 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. APPLICABLE LAW AND JURISDICTION
    This document will be governed by the clauses contained in it and, in what is not provided for, by the common Spanish legislation in force.
    ‍
    By accepting these general contracting conditions, the Carrier 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 Carrier expressly waives any other jurisdiction that may apply to it 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.
  13. PARTIAL NULLITY
    If any of the clauses in this document are declared null or unenforceable, the rest of the clauses will remain in force.
  14. 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.
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