GENERAL CONTRACTING CONDITIONS FOR THE ORGANIZATION OF THE TRANSPORT OF GOODS AND STORAGE PROVIDED BY BCN FORWARDERS S.L
These General Conditions govern the service contract agreed between the Client and BCN Forwarders S.L (hereinafter "BCN Forwarders"). The parties declare that they are aware of these Terms and Conditions and expressly undertake to comply with them. They are available at any of the BCN Forwarders offices, as well as on the website www.forwardersbcn.com. They are also registered in the Register of Movable Property of Barcelona.
BCN Forwarders reserves the right to modify and supplement these General Conditions unilaterally without expressly informing the Clients. The current version published on the website applies in all cases.
“Freight Forwarder or Transport Operator: In general, and unless otherwise specified, refers to BCN FORWARDERS, who acts as Freight Forwarder, Transport Operator or Logistics Operator and organizes the transport. To carry out the transport, it uses any means of transport and is supplied by agents, subagents, and / or any other subcontractor.
"Client", refers to the party that has contracted the services of BCN Forwarders, by express mandate or instructions. The client is responsible for the full payment of the services provided by BCN Forwarders.
“Carrier”, refers to the person who assumes the obligation to carry out the transport in his own name, regardless of whether he carries it out by his own means or contracts its execution with other subjects.
"Shipper" refers to the person who, by himself or through his representative, enters into the dispatch contract.
"Recipient" refers to the person authorized to receive the goods, by himself or through his representative.
"Applicable legislation" refers to International Conventions, Laws, Regulations or regulations of any range, in force and that are applicable to the means of transport in question.
“Special Drawing Rights (SDR)” refers to the unit of account as defined by the International Monetary Fund.
"Loader / Sender" refers to the person who contracts, on his own behalf, to carry out the transport of goods and against whom the carrier / carrier undertakes to carry it out.
"Recipient / Consignee", refers to the person to whom the carrier / carrier / agent will deliver the goods at destination.
"The Hague-Visby Rules", refers to provisions of the International Convention for the Unification of Certain Rules on Bills of Lading, signed in Brussels on August 25, 1924, according to amendments to the 1968 and 1978 Protocols.
"Law 14/2014", means the Law of Maritime Navigation of Spain of July 24, 2014.
"Law 15/2009", means the Law of the Contract of Land Transport of Goods of Spain of November 11, 2009.
"LOTT" refers to the Law on the regulation of land transport (Law 16/1987 of July 30).
"Montreal Convention" refers to the Convention for the Unification of Certain Rules for International Air Transport, signed in Montreal in 1999.
"CMR Convention" refers to the Convention relating to the contract for the International Transport of Goods by Road, signed in Geneva on May 19, 1956.
"ADR Standards" refers to the European Agreement on the International Transport of Dangerous Goods by Road.
"IMDG CODE" refers to the international standards on the transport of dangerous goods by sea of the International Maritime Organization (IMO).
"SOLAS Convention" refers to the International Convention for the Safety of Human Life at Sea (SOLAS), approved by the International Maritime Organization (IMO)
2. AREA OF APPLICATION
2.1. By contracting the services of BCN Forwarders, the Client agrees that these Terms and Conditions apply to all services provided by BCN Forwarders in its capacity as transport operator, for the performance of any of the following activities (including, but not limited to): organization and / or execution of national / international freight transport, administrative, fiscal, customs, storage, distribution and / or any other activity that BCN Forwarders may carry out in its capacity as transport commission agent.
2.2 .. In the event of non-acceptance of these conditions, the Client must expressly express the same, in writing and undoubtedly to BCN Forwarders immediately after the first receipt or notice of incorporation thereof. Seven days after their receipt or announcement of incorporation or after the request of the service to BCN Forwarders by the Client, they will be considered validly incorporated.
3. GENERAL PROVISIONS
3.1. Unless there are specific instructions from the Client on the way in which the contracted service should be organized, BCN Forwarders will have absolute discretion to choose the travel itinerary (s), the means and modes of transport that in its opinion are the most suitable for the most efficient transport and / or delivery of the goods. Likewise, BCN Forwarders may contract third parties to carry out all or part of the contracted services, which will be subject to the terms and conditions and limitations of liability established in these General Conditions.
3.2. The Client is aware that during the development or performance of any of the transport operator's activities, the goods are exposed to various risks.
3.3. In all cases, without exception, the goods will be dispatched at the expense and risk of the shipper / sender and / or recipient / consignee.
3.4. The insurance will be contracted individually according to the express instructions of the Client / shipper / sender, which must be in writing to be valid and have effect between the parties.
3.5. If all or part of the goods are not collected by the recipient / consignee upon arrival at the destination, they will be deposited at the expense and risk of the shipper / sender or whoever may correspond according to the particularities of the case, which establishes the law and / or the uses and customs of the place of destination.
4. DESCRIPTION OF THE GOODS, PACKAGING AND DANGEROUS GOODS
4.1. The Client guarantees BCN Forwarders the accuracy of the declaration of the goods with regard to their characteristics, description, brands, numbers, quantity, weight and volume. To this end, the Client, and / or senders and / or recipients, will be liable for any penalty that may cause the inaccuracy of the aforementioned data, as well as those derived from inadequate, defective, or misused packaging and the Client, sender and / or recipient the responsibilities for losses, damages, breakdowns and other expenses that BCN Forwarders may incur as a result of inaccuracies in the declaration.
4.2. The Client guarantees that the goods are appropriate to be transported and that all the data provided have been verified by the Client, such data being adequate and correct. In addition, it understands that the declaration of the goods constitutes a commitment on the accuracy of the indications in it, being the obligation of the Client, to present a truthful, exact and complete declaration.
4.3. The Client guarantees that the goods are legitimate, and that they have not been smuggled and that they do not contain drugs or other illegal substances, that they will not cause any harmful consequence to BCN Forwarders, or to any other cargo or person involved in the transport.
4.4. The Client expressly declares that the packaging provided is adequate to support the contracted service. BCN Forwarders will not carry out any special packaging action unless the Client provides express instructions at least 24 hours in advance of the cargo order, the responsibility and cost of which rests entirely with the Client.
4.5. BCN Forwarders will not be responsible for the absence of marks, numbers, error in the delivery of the goods due to the marks, countermarks, addresses, or numbers, or error or failure to notify the consignee / consignee of the arrival of the goods and neither will be responsible if the goods are retained by the Customs of the country of origin / destination.
4.6. If any data in any document, be the sales contract and / or invoice and / or import license and / or letter of credit and / or data / details of any agreement to which BCN Forwarders is not a party, they appear together with the shipment. to be transported, said data is included at the risk of the Client. The Client agrees that the inclusion of such data will not be considered a declaration of value, and under no circumstances does it imply an increase in the responsibility of the transport operator.
4.7. The sender / shipper is responsible for poor packaging, inadequate, defective or misused packaging that causes damage or harm to the goods themselves, other customers' goods, handling equipment, the environment, third parties or employees. or to any of the means of transport even when such inaccuracies or deficiencies appear in operations not executed directly by BCN Forwarders to whom the Client will indemnify for all the expenses incurred by the latter for such causes.
4.8. The Client, shipper or sender must give prior notice and inform BCN Forwarders even before the deadlines stipulated for common goods, about the flammable, explosive or dangerous nature of the goods being transported, stored, manipulated or distributed, as well as the precautions that in your case should be adopted. The Client, the shipper or sender is obliged to comply with the ADR / IMDG regulations in force at the time of transport, storage, distribution.
4.9. The Client, the shipper or sender are responsible for complying with current legislation on the matter, regarding documentation, marks, waybills, packaging and any other requirement / requirement that is necessary for the transport of the goods, exempting / releasing BCN Forwarders of any responsibility derived from the breach of these rules.
4.10. In the event of omission or insufficiency or inaccuracy of information regarding dangerous goods, the Client will be responsible for all damages, losses and expenses produced in the goods and those that occur directly or indirectly. In the event that the goods have to be unloaded, destroyed, neutralized and / or rendered harmless, as the case may be, the Customer must bear all the expenses incurred for such causes. BCN Forwarders will be exempt from any type of responsibility for this cause.
4.11. The Client is aware that shipments to the USA are subject to rigorous control requirements, even more so than those mentioned in the previous terms, being the client and / or exporter responsible for the proper use of the product, its classification, licenses, as well as the corresponding export requirements. The requirements for prior information and necessary documentation that are required at all times are the sole responsibility of the Client / sender / shipper. Documentation of any nature required by the US authorities must be equally true, complete, accurate and sent to BCN Forwarders in a timely manner.
4.12. The Client, the shipper or sender grants BCN Forwarders the broadest and most complete indemnity for any damage, loss, expense or sanctions of any nature that may be caused or applied to BCN Forwarders as a consequence of the breach of applicable regulations in the US and fundamentally, of the duties of information to the Customs of that country about the nature and / or characteristics of the shipment with the necessary advance notice or derived from the import documentation. Likewise, the Client / shipper / sender will be liable for the damages generated by the omission or insufficient information provided to the transport operator.
5. LIABILITY OF THE FORWARDER AND EXCLUSIONS
5.1. BCN Forwarders will be liable to the Client only for losses or damages arising from negligence, lack of or breach of its contractual obligations.
The responsibility of BCN Forwarders for damages resulting from the loss or damage or breakdown of the goods that occurs between the moment of acceptance by the transport operator of the custody of the goods (time in which the goods were taken over ) and the time at which BCN Forwarders delivers the goods to their destination will be determined in accordance with current national and international legislation that regulates ocean, air, land and rail transport. In no case will it exceed the responsibility assumed by the navigation, air, road transport companies or any intermediary, including the warehouses that intervene in the course of transport.
5.2. In no case, BCN Forwarders will be responsible for the facts or acts that are the result or derived from omissions or negligence of the shipper / sender or the recipient / consignee, own vice or nature of the goods / merchandise, loss, spillage or ordinary wear and tear, delays , strikes, lockouts or other labor disputes, natural disasters, force majeure, theft, confiscation, war or any other cause that is beyond the control of BCN Forwarders and that could not be avoided by the transport operator or whose consequences BCN Forwarders couldn't have helped despite being diligent.
5.3. BCN Forwarders will not assume any responsibility for loss or damage to the goods, if such loss and damage arises before acceptance by you or after BCN Forwarders delivers the goods at destination. Notwithstanding the foregoing, if a law that is obligatorily applicable establishes otherwise, BCN Forwarders will enjoy the benefit of all rights, defense, limitation and freedom established in the current legislation on the matter at the time of conclusion of the contract.
5.4. BCN Forwarders will not be responsible for the fulfillment of the instructions given by the client / sender / shipper / recipient after the issuance of the shipping or transport documents, nor for any eventuality arising from the instructions subsequently issued by the Client. and / or where appropriate its agents or managers, the shipper or sender.
5.5. When the transport is multimodal, that is, it is carried out by two or more different means of transport, the responsibility of BCN Forwarders will be that which corresponds according to the regulations of each phase or mode of transport at the time the damage occurs. When it is unknown or cannot be determined in which stage / phase of the transport the loss or damage occurred, the responsibility of BCN Forwarders will be decided according to what is established in Law 15/2009. The protest for losses and breakdowns in the goods will be governed by the rules applicable to the mode of transport in which the delivery of the goods is made or should be made.
5.6. BCN Forwarders will in no case be liable for lost profits, consequential and indirect damages, loss of business or clientele, commercial losses, punitive interest. Likewise, BCN Forwarders will not be responsible for interruption of production, business or sale arising from delay, loss, theft or damage to the goods.
6. LIMITATION OF LIABILITY
6.1. Notwithstanding the provisions of the preceding paragraphs, the liability of BCN Forwarders for loss or damage of the goods will be limited according to the limits detailed below:
6.1.1. Ground transportation
A) National land transport of merchandise and any other activity not mentioned in the following paragraphs, will be subject to the provisions of the Land Transport Regulation Law (LOTT) and the Regulations that develop or replace it. Likewise, Law 15/2009 of November 11 of the contract for the land transport of goods will be applied. The responsibility of BCN Forwarders will amount, where appropriate and at most, to the amount of one third of the IPREM / day for each kilogram of weight gross of lost or damaged merchandise.
B) International land transport of goods will be subject to the provisions of the Convention on the contract for the International Transport of Goods by road (CMR), made in Geneva on May 19, 1956. The limitation of 8.33 Special Rights will be applicable. of Giro per kilogram of gross weight of damaged or lost goods.
6.1.2. Marine transport
A) In the case of International maritime transport, the limitation will be determined based on the International Convention for the Unification of Certain Rules on Bill of Lading, of August 25, 1924, according to modifications of the 1968 and 1978 Protocols, "Rules of the Hague Visby". The liability of BCN Forwarders will amount to a maximum of 666.67 SDR per package or 2 SDR per kilogram of gross weight of the damaged or lost goods.
B) The national transportation of merchandise by sea will be subject to Law 14/2014, of July 24, on Maritime Navigation, and the responsibility of BCN Forwarders will amount, where appropriate and at most, to the amount of 666.67 SDR per package, or to 2 SDR per kilogram gross weight of damaged or lost goods.
All this and for both national and international transport by sea, without prejudice to the jurisdiction clauses that may have been agreed upon.
6.1.3. Air Transport
In the case of both national and international air transport, by the provisions of the Convention for the Unification of Certain Rules for International Air Transport, made in Montreal on May 28, 1999. The limitation provided for in said Convention 19 SDR shall be applicable. per kg. gross weight of damaged merchandise.
6.1.4 Warehousing and storage
In the case of provision of a warehousing and storage service for goods, which do not travel in transit, BCN Forwarders may limit its liability in accordance with the provisions of the LOTT (Chapter I of RD 1211/90 applicable to auxiliary and complementary activities of the transport), that is, 4.5 Euros per kg. gross weight of damaged merchandise.
6.2. The accumulated liability of BCN Forwarders may in no case exceed the liability limits for the total loss of the goods.
6.3. When the responsibility derives from facts or acts occurred during the execution of the transport, if the freight forwarder is to be subrogated in it, in no case may it exceed that of the one assumed by the railway, navigation, air, transport companies. road, warehouses, or any intermediary who intervenes in the course of transport in accordance with national regulations and applicable international conventions.
6.4. These limitations will apply to all claims made against BCN Forwarders, regardless of whether the claim is based on contractual or extra-contractual liability, and whether in the form of a lawsuit, counterclaim, arbitration, amicable claim or any other other.
7.1. BCN Forwarders is not obliged to ensure that the goods arrive at their destination within any given period or to satisfy the demands of the market or particular use, so delivery dates are always approximate. Therefore, BCN Forwarders will not be liable for damages resulting from delay in delivery of the goods, whether direct, indirect or consequential damages that may result from delay.
7.2. Notwithstanding the aforementioned, in the event that it is expressly established in the applicable legal regulations, if BCN Forwarders is considered responsible for the damages resulting from the delay in delivery, it will not respond more than 2.5 times the freight. proportional to the delayed merchandise.
7.3. In the event that the Client has an interest in ensuring that deliveries are guaranteed within a specific period, it must be expressly indicated by the latter at the time of contracting the service and it must be undoubtedly accepted by BCN Forwarders expressly and in writing.
8. KNOWLEDGE OF LADING AND LETTERS
8.1 Bills of lading can be bearer, to order or registered. The former will be transmitted through delivery, those issued to the order through their endorsement and the nominative ones through assignment according to the regulations governing the assignment of non-endorsable credits.
8.2 The delivery of the goods can only be obtained from the transport operator, or the person on whose behalf it acts, against return of the corresponding bill of lading, duly endorsed if necessary.
8.3 If, at the request of the Shipper, a set of several originals were issued, the number of copies of the set shall be indicated, and the transport operator shall be released from its obligation to deliver the goods if it delivered the goods in good faith against return of one of the originals.
8.4 If the bill of lading is not negotiable, the operator will be released from his responsibility, by simply delivering the goods to the recipient whose name appears on the bill of lading or to any other person in accordance with the instructions received for that purpose, which must be necessarily in writing.
9.1. BCN Forwarders does not insure the loss or damage of the merchandise during its transport, storage or transport, unless there is an express written instruction, in which case the Client must pay the corresponding premium. BCN Forwarders may in no case be considered an Insurer.
The client is informed that he may contract / subscribe a supplementary insurance contract that covers the value (invoice / commercial) of the goods transported after declaration of value and payment of the corresponding premium or according to the terms established in the insurance policy contracted. BCN Forwarders is not responsible for disputes between the Client and the insurer that may arise between them.
9.2. The client accepts and acknowledges that BCN Forwarders has no knowledge of the value of the goods, and that it will not be able to claim compensation greater than that provided in these Terms and Conditions, unless, with the express and written consent of BCN Forwarders, the value of such goods is declared by the shipper / sender undoubtedly before the delivery of the goods to the transport operator and the value of the same has been declared in writing and the additional insurance has been paid.
9.3. When BCN Forwarders is expressly instructed by the Client to arrange the insurance of a merchandise, it will always contract on behalf of the Client, acting as agent. The insurance conditions will be those established in the contracted insurance policy, which will be available to the Client at their express request.
10. PRICE OF CONTRACTED SERVICES
10.1. The transports and other services whose activity BCN Forwarders provides are understood to be contracted in accordance with the rates in force at the time of contracting and with the limits and scope provided.
10.2. In the event that a rate has not been agreed, the usual or market prices corresponding to the place where it is carried out will be applied to the contracting of the services provided by the transport operator.
10.3. Any additional expense that occurs as a result of events or circumstances subsequent to the contracting date or, where appropriate, to the date of issuance of the shipping or transport documents, will be borne by the client, provided that these are duly justified. and they are not due to the fault or negligence of any of those who have intervened in the provision of the services contracted here.
10.4. Payment of the services provided by BCN Forwarders, as well as any expenses, will be made in cash, unless the contrary has been expressly agreed in advance. The price will be paid in the agreed currency, being payable without any deduction at the latest before delivery of the goods.
10.5. Any mention that expenses, postage, fees or freight are payable at origin, destination, prepaid or to be paid, or any other indication of this nature, will be included at the request of the Client, agent, sender or recipient and the Client's obligation will not vary. to pay the fees for the services provided by BCN Forwarders.
10.6 If the Client is late in payment or does not pay the price on the due date, the Client will also be responsible for the payment of interest, bank commissions, or other expenses incurred in order to collect any sums owed to BCN Forwarders. Unless otherwise agreed, the Client agrees not to have a right of retention or compensation on any amounts owed to BCN Forwarders.
10.7. If there is a delay in the payment of the services provided by the transport operator and / or of any expense, the debtor will be obliged to pay the delay interest set in Law 3/2004 of December 29 on measures to combat the delinquency in commercial operations.
10.8. Likewise, regarding the deferral of the payment of the invoices, it will be limited to the term agreed in each case with the client, not being able to exceed the expiration of the invoice of 60 days from the date of the invoice or performance of the service.
10.9. Both the shipper and the recipient will be jointly and severally liable to BCN Forwarders for all expenses generated by any delay in receiving and / or removing the container at destination.
10.10. If the cargo is abandoned, both the Shipper / Shipper, the Client and / or the Consignee / Receiver will be responsible for all expenses incurred, such as destruction, return of the container to origin, delays, etc. Taking BCN Forwarders action against any of them for their satisfaction.
10.11. The Client and / or contractor of the expedition, as well as the shipper / shipper, are aware of the obligation derived from the transport contract by which it is legally imposed on all those interested in the trip to bear a proportional quota of the sacrifice caused by the act of the captain in the case of general average, as set out in the York and Antwerp Rules.
SOLAS REQUIREMENT (VGM)
As a result of the Amendments to the International Convention for the Safety of Human Life at Sea (SOLAS), approved by the International Maritime Organization (IMO), it is required to verify the weight (gross mass) of each full container exported as precondition for loading on board a ship. The responsibility of obtaining, documenting and transmitting the verified gross mass (VGM) of a full container to the shipping company, corresponds to the Shipper and / or Client. BCN Forwarders will not be responsible for verifying said VGM weight unless there is an express instruction in this regard.
When the referred VGM is obtained by the Shipper / Shipper by their own means and is provided by the latter to the shipping company directly, neither will BCN Forwarders be responsible for said verification.
When, by virtue of the agreement with the Shipper / Shipper, BCN Forwarders must be in charge of providing the shipping company with the VGM obtained by the client, the client must provide BCN Forwarders with the VGM of each container, at least 5 hours in advance. upon the arrival of the container at the port terminal. In case of not communicating it in advance, BCN Forwarders will not be responsible for the impossibility of loading it on the ship, nor for any possible overcharge, delay in the delivery of the merchandise at destination and / or any other claims that may arise.
The Client may request BCN Forwarders to verify the gross weight of the container (VGM) by expressly requesting it at the time of booking, and must pay the price for the provision of said service.
12. RIGHT OF RETENTION
12.1. Both BCN Forwarders and its agents have a pledge and / or retention right over the goods in their possession for all amounts owed by the Client for the services entrusted to them. You can assert your right by any means that you deem appropriate and is admissible under the laws in force.
12.2. BCN Forwarders may initiate legal actions and / or may enforce its rights by any form of conflict resolution, whatever it deems appropriate, in accordance with the laws of the place of dispatch of the goods or the place where they must be delivered to its free choice and convenience. The Client will be responsible for the deterioration that the merchandise may suffer, including perishable ones due to the right of pledge or retention that BCN Forwarders or its agents had to carry out.
13. RESERVATIONS IN CASE OF DAMAGE AND / OR FAILURES NOTIFICATION AND PRESCRIPTION
13.1. At the time of delivery, the recipient must check the status of the goods, the quantity, the number and the weight of the packages and must leave a record at the same time of delivery in the bill of lading or bill of lading in case to find any defect, loss or apparent fault. Reservations must be in writing.
In case of any irregularity or damage not apparent at the time of delivery, the recipient must communicate their reservations in writing within 24 hours after delivery of the goods, or in the terms and conditions indicated in the consignment notes, knowledge of shipping, transport documents or applicable legislation if these are lower. Otherwise, the conditions of the goods at the time of delivery will be considered in conformity.
In case of losses, damages / breakdowns occurred during the execution of the transport, protests and reservations must be made in accordance with current regulations and International Conventions on transport and according to the corresponding mode of transport.
14. INCIDENTS IN DESTINATION
14.1. If the merchandise arrives at its destination, there will be impediments to proceed with its delivery, BCN Forwarders and / or its agent will request instructions from the Shipper.
14.2. If the Recipient refuses to receive the goods at the place designated for this purpose, the operator may deposit them at the customer's risk and expense, or will give them the destination provided by the applicable legislation.
14.3. BCN Forwarders may proceed to the sale of the merchandise, without waiting to receive instructions that it is entitled to it, when justified by the perishable nature or the state of the same, or when the expenses of stay and custody are disproportionate in relation to the value of the merchandise. In other cases, it may also proceed to the sale if, within a reasonable time, it has not received, from which it has the right to dispose, instructions to the contrary.
14.4. When by virtue of Customs Provisions applicable in the place of destination, the merchandise must be deposited or delivered to entities designated by the Administration, the transport contract will be considered fulfilled, even if the original knowledge has not been delivered, passing from the moment of delivery to be the responsibility of the customer and ceasing that of the transport operator.
14.5. If BCN Forwarders takes any action against the material carrier of the goods, the client will provide all the evidence at its disposal leading to the proper exercise of the action and will take whatever actions are necessary to preserve the right of BCN Forwarders. In particular, the client will ensure compliance with the formalities related to reservations in the delivery documents, verification of damage to the goods delivered and observance of deadlines for a possible claim.
15. RESPONSIBILITY OF EMPLOYEES / DEPENDENTS
Any direct legal action against employees and / or dependents of BCN Forwarders, for loss or damage of the merchandise, will only be possible within the limits contemplated in clauses 5 and 6. In case of joint legal action against BCN Forwarders and its employees, the maximum compensation will not exceed the limits stipulated in clause 5.
Under penalty of expiration, the maximum period during which actions may be taken against BCN Forwarders, its dependents and / or employees will be 1 year from the date of delivery of the merchandise or in the case of a total loss, from the date on which the merchandise should have been delivered hypothetically.
Notwithstanding the foregoing, the deadline for actions derived from the effective performance of the different transport operations will be in accordance with the time periods indicated in the waybills, bills of lading, etc., or where appropriate, those established in the national norms or the International Agreements that regulate the different means of transport, starting to run the term according to what is established in such documents or Agreements.
BCN Forwarders billings for transportation and storage services, including costs and expenses, can under no circumstances be accumulated with other claims. In absolutely no case, except for legal provision to the contrary, may the Client retain amounts owed to BCN Forwarders, nor make payment with them of possible or presumed pending compensation.
17. LIMITATION OF LIABILITY OF THIRD PARTIES
For the purposes of organizing the transport that has been entrusted to it, and unless expressly instructed to the contrary by the Client, BCN Forwarders is authorized to select and contract freight forwarders, agents, carriers, warehouse operators, customs agents, shipowners, shipping companies, airlines , and any other agents if the transport so requires, all of whom will be considered independent agents of BCN Forwarders.
Goods entrusted to third parties will be subject to these General Conditions including stipulations and conditions that appear in waybills, bills of lading, bills of lading and receipts issued by such freight forwarders, carriers, warehouse operators, etc. As well as those contained in the applicable national standards or international conventions.
18. SURVIVAL CLAUSE
If for any reason, any clause of these contracting conditions, or a part of them, is declared null, invalid or unenforceable by a Judge or institution with sufficient competence and capacity, the rest of the clauses of conditions will continue to be fully valid and applicable.
19. APPLICABLE LAW AND JURISDICTION
19.1. These conditions as well as any contract signed with BCN Forwarders and any dispute that may arise as a result of them, will be governed and interpreted in accordance with the Law of Spain.
19.2. The shipper / sender and / or recipient / consignee expressly submit to the jurisdiction and competence of the Courts of Barcelona, excluding the jurisdiction of the courts of another country and / or city.
20. DATA PROTECTION
20.1. BCN Forwarders informs its clients that their data will be treated with the utmost confidentiality in accordance with the BCN Forwarders privacy and security policy, as established by Organic Law 15/1999, of December 13, on the Protection of Personal Data and Royal Decree 1720/2007 of December 21.
20.2. To exercise your rights of access, rectification, cancellation and opposition to your Personal Information, please send an email to email@example.com or communicate it in writing to the registered office of BCN Forwarders located in Barcelona.
BCN Forwarders S.L