General Conditions of Carriage
These general conditions govern the relationship between Alpentrans Logistics SRL (the "Principal") and the carriers (the "Carrier") for domestic and international transports, including multimodal services. In the event of any conflict between individual Transport Orders and these Conditions, the latter shall prevail unless otherwise agreed in writing.
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1. Definition and Load Orders
Each transport is assigned by means of a specific Load Order ("Order") containing the date, loading/unloading locations, goods, schedules, and operating instructions. The Order sent may be accepted or rejected by the Carrier but, once accepted, it is binding.
In the event of a conflict, the accepted Order prevails with regard to operational elements (dates, times, places, quantities, operating instructions), while these Conditions prevail with respect to regulatory, liability, and insurance aspects, unless otherwise agreed in writing.
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2. General obligations of the Carrier
The Carrier performs the transports at its own care and expense, with organizational autonomy, in full compliance with the applicable national and international regulations on transport, road and social safety. The Carrier operates as an independent business, with its own resources and the related business risk. It guarantees that the personnel employed are regularly hired and paid, equipped with PPE and adequately trained; it fully fulfills social security and insurance obligations, providing evidence thereof upon the Principal's request.
The Carrier is solely responsible for road safety and for compliance with the Highway Code and local regulations in the countries involved. If instructions are incompatible with the law or safety, the Carrier shall disregard them, immediately inform the Principal, and hold the Principal harmless from related fines and liabilities.
Driver posting and checks: for cross-border services, the Carrier complies with rules on the posting of drivers and the administrative and control obligations set out by EU and Italian legislation (e.g., Legislative Decree 27/2023 and subsequent amendments).
Tachograph: the Carrier ensures the use of tachographs compliant with EU requirements (second-generation smart tachograph where required) and the retention of data for evidentiary purposes.
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3. Vehicle, driver, and conduct
The Carrier presents itself at loading/unloading sites with vehicles suitable for the payload and quantity to be transported, qualified drivers, and the required safety equipment (load bars, certified straps, side boards, anti-slip mats, certified edge protectors). If such materials are missing, the Principal may supply them and recharge the costs to the Carrier.
The driver is present throughout the loading phase, secures the goods, and promptly reports any issues.
On-site conduct: clean and orderly vehicle, required PPE, respectful behavior, observance of site access/safety rules, protection of the Principal's good name.
Loading and securing: the Carrier attends the operations; securing the load is under its responsibility. In case of unsafe or unlawful loading, the Carrier informs warehouse staff and notes a written reservation; if a danger to traffic or safety persists, it refuses to take charge.
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4. Loading, unloading, and waiting times
A 4-hour grace period applies for each loading and unloading operation. After the grace period, the Carrier is entitled to an indemnity of € 30/hour (or portion over 30 minutes), capped at € 250/day. Waiting times must be documented and not attributable to the Carrier. Statutory provisions remain unaffected (Legislative Decree 286/2005 and Ministerial Decree 24/03/2011).
Waiting times must be documented. Admissible evidence: tachograph records, GPS/telematics systems, and site attestations.
Document check at loading site: the Carrier verifies the correctness of documents and their conformity to the load (nature of goods, quantities, weight, etc.). Any discrepancies are immediately reported to the Principal; penalties or fines arising from non-compliance remain the Carrier's responsibility.
Where requested, unloading or loading of the trailer is the driver's responsibility. The price agreed during negotiation includes the loading/unloading of goods. The Carrier may not leave the loading/unloading site without the Principal's authorization.
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5. Rejected goods / damaged goods
In case of issues at unloading concerning rejected and/or damaged goods, the Principal must be informed promptly; the driver must not leave the site without prior confirmation from the Principal.
All damages or rejections must be documented: noted on transport documents and accompanied by photos of each single pallet, to be sent to the Principal at the time of delivery. Damages/rejections not documented as required will be recharged to the Carrier.
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6. Pallet Exchange (EURO/EPAL)
Pallets must be returned immediately to the place of loading. Failing this, € 20.00 per pallet will be charged, plus € 18.00 for processing costs and, where applicable, € 3.00 per pallet for return transports. Pallets not returned within 15 days will be automatically invoiced.
The Principal will accept pallet vouchers (DPL, Voucher, etc.) only if receipt is communicated by the Carrier at the time of unloading, so as to enable prompt notice to the Customer. Communications made thereafter will not be recognized.
Pallet exchange and penalties: unless expressly exempted in the Order. In the event the site refuses the exchange, the Carrier must contact the Principal before leaving the unloading location.
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7. Carriage of food products – DRY
The Carrier complies with HACCP procedures and EU hygiene rules (Reg. EC 852/2004 and subsequent amendments). Compartments must be clean, odor-free, and uncontaminated; food and non-food products must be kept separate.
The driver checks proper hygiene at loading and signs the documentation; traceability is mandatory for recalls/withdrawals. The Carrier promotes a food safety culture pursuant to Reg. (EU) 2021/382 and ensures adequate staff training.
If it is impossible to meet the agreed punctuality, the Principal is promptly informed.
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8. Carriage of food products – CHILLED / TEMPERATURE-CONTROLLED
The Carrier complies with HACCP procedures and EU rules on hygiene and temperature control (Reg. EC 852/2004 and subsequent amendments; Reg. EU 2021/382), using isothermal/refrigerated vehicles in accordance with the ATP Agreement. Compartments must be clean, odor-free, and uncontaminated; food and non-food must be separated and, where necessary, compartmentalization or dual temperature is provided.
Before loading, the compartment is pre-cooled; the setpoint is set according to the Order specifications; stowage ensures proper air flow; monitoring devices (data loggers/temperature recorders compliant with EN 12830) record continuously and signal any alarms.
The driver checks at loading the hygiene of the site, the integrity of packaging, and temperature compliance with suitable, calibrated instruments, records the values on the documentation, and signs; agreed ranges are observed (≥ +4 °C), e.g., +4/+6 °C for dairy products and pre-sliced packaged meats, +6/+8 °C for packaged gastronomy, +8/+12 °C for controlled-temperature non-refrigerated categories; any deviations must be authorized in writing by the Principal; batch traceability and temperature data are mandatory for recalls/withdrawals.
The Carrier promotes a food safety culture under Reg. (EU) 2021/382 and ensures appropriate staff training on hygiene, temperature management, allergens, and emergency procedures. If it is impossible to meet the agreed punctuality or in the event of temperature deviations/cold chain breach, the Principal is promptly informed and the planned corrective actions are implemented.
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9. Insurance
Goods must be insured with minimum CMR coverage of € 200,000 per claim, with extensions for theft, gross negligence, and embezzlement (e.g., by the driver or third parties). Upon the Principal's request, the Carrier provides a copy of the updated policy.
The Carrier's liability policy expressly refers to the CMR Convention and/or Italian law depending on the type of transport; it also extends to willful misconduct/embezzlement.
In case of (even precautionary) attribution of liability for damage to the goods, the Carrier promptly opens a claim with the insurer, communicates the references to the Principal, and keeps the Principal updated.
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10. Subcontracting and prohibitions
The use of sub-carriers is prohibited without the Principal's written authorization; even if authorized, the Carrier remains fully responsible for the transport towards the Principal and its customers.
Transshipment and co-loading are prohibited unless specifically authorized in writing.
Protection against claims from subcontractors: in the event of unauthorized subcontracting or requests for direct payment by sub-carriers (or alleged such), the Principal may suspend payments to the Carrier until proof of payment to the actual performer is provided and, after granting a reasonable deadline, pay the sub-carrier directly, deducting the amount from the consideration due to the Carrier.
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11. Goods inspection and seals
The Carrier checks the apparent condition of the goods and packaging at loading, noting any reservations on the transport documents.
Seals: application and removal under the supervision of the appointed staff; the seal number is stated on the documents and signed by the authorized personnel. Seals may not be removed/damaged before arrival at destination without the Principal's written authorization; any breakages must be reported immediately to the Principal and the competent authorities.
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12. Delays, penalties, and cancellations
Same-day cancellation: The Principal reserves the right to invoice the Carrier 75% of the Order value. "Same day" means cancellation communicated after 15:00 on the agreed loading date. At the same time, for same-day cancellations by the Principal, the Carrier will be granted an amount of € 300, unless an alternative load is proposed with loading and unloading similar to the originally agreed order.
Cancellations within 24h from loading: The Principal reserves the right to invoice the Carrier 50% of the trip value.
Delays: The Principal reserves the right to invoice € 250 for each day of late arrival at loading or unloading. To avoid application of the penalty, each delay must be documented with suitable evidence (e.g., vehicle GPS history, roadside service invoices, photos of the vehicle involved with license plates clearly visible). Even in cases of force majeure, the penalty applies if immediate communication is lacking.
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13. Invoicing and payments
The agreed rates result from individual negotiation and include all costs.
Payment terms and DURC (IT): Alpentrans will pay 60 days from invoice date. Payment can be made only if a valid DURC (Italian Social Security Compliance Certificate) is in place. The Carrier must send the DURC to Alpentrans regularly and autonomously. If a valid DURC is not provided, payment will be suspended until receipt of the compliant document.
Transport documents and invoice: Documents must be sent exclusively in digital format, of good quality, complete in all parts, showing the Alpentrans trip reference (Alpentrans Trip/Ref.), and emailed to invoicing@alpentrans.com within 10 days from the loading date. The invoice must be sent as a separate file from the transport documents. Incomplete or unreadable documents will not be accepted. Originals must be kept by the Carrier and may be requested by Alpentrans at any time. Where originals are expressly required, Alpentrans will make a specific request.
POD – Proof of Delivery: If POD documents are missing — e.g., signed and stamped CMR/e-CMR, DDT and any EAD/DAA where applicable, as well as any documentation issued directly at unloading — the invoice will be deemed irregular and may be rejected and reissued. In such case, the 60-day term will run from the date the correct POD/documents are received.
e-CMR / electronic POD: Accepted and considered equivalent to paper documents, provided they comply with applicable Italian and EU regulations.
Non-compliance: In case of non-compliance with these provisions, a €50.00 deduction will be applied to the freight to cover administrative costs.
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14. Joint sanctions
If the Principal is sanctioned by the authorities as jointly liable for violations attributable to the Carrier, the amount will be recharged and withheld from payments due to the Carrier or re-invoiced.
Road safety hold-harmless: in the event of disputes, damages, or sanctions related to violations of road safety rules, the Carrier shall hold the Principal and/or the loader harmless.
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15. Confidentiality and non-competition
The Carrier shall not disclose information relating to the Principal and shall not assign transports to third parties, directly or indirectly. This obligation also applies to auxiliaries and collaborators.
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16. Jurisdiction and applicable law (CMR/EU coordination)
The contract is subject to Legislative Decree 286/2005 and to the CMR Convention for international road transports. For matters not governed by the Convention, Italian law applies on a residual basis.
Exclusive competent court: IT Bolzano (BZ).
The prevailing contractual language is Italian. In the event of any discrepancy between the Italian and English versions, the Italian version shall prevail.
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17. Claims and limitation
Any claim relating to transport services must be submitted within 6 months of performance, failing which it is time-barred. The request must be sent by certified email (PEC) or registered letter with return receipt.
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18. Tacit acceptance
This transport contract is deemed confirmed and accepted by tacit consent, unless otherwise communicated in writing by the Carrier.
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19. Privacy
Full information at www.alpentrans.com/privacy.
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20. Prevailing online version
The final and updated version of these General Conditions is published on the website www.alpentrans.com/generalconditions. In case of discrepancies between versions, the version published on the website shall always prevail.
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Coordination note
The integrations incorporate the clauses of the Legal Carrier Model. Where an Order or a written agreement provides otherwise for specific elements (e.g., waiting times, penalties, pallets, payments), such specific provision shall be coordinated with these Conditions as specified in the respective sections.
