Terms and Conditions

Status: 17.10.2022

General Terms and Conditions of ITA Shipping S.L.U., hereinafter referred to as: LetMeShip

Area of application

These General Terms and Conditions ((hereinafter “T&Cs”) are an integral part of all contracts concluded with LetMeShip via the booking platform operated by LetMeShip. The special conditions contained in clause 24 of these T&Cs shall take precedence over the other regulations in these T&Cs for contracts subject to the regulations stated in that clause.

The booking platform can be accessed online at the Internet address http://www.letmeship.com/es. These T&Cs apply regardless of which user interface is used for the booking platform; they also apply in particular if access to the booking platform is not via a browser, but via a software interface from another program.

Insofar as LetMeShip commissions a carrier for transport with the knowledge of the customer, the general terms and insurance conditions shall apply in the version that is valid at the time the order is placed, in addition to LetMeShip’s T&Cs. In the event of deviations, the regulation that is more favorable to LetMeShip shall apply in each specific case.

Relationship to other regulations

In the event that the provisions of these T&Cs deviate from statutory provisions or applicable binding international agreements, the provisions of these T&Cs shall take precedence by virtue of Art. 1255 of the Civil Code (hereinafter “Civil Code”).

In addition, the relevant statutory regulations and the relevant regulations of international agreements shall apply, e.g. the International Convention on the Contracts for the Carriage of Goods by Road (CMR), the Montreal Convention, the Convention concerning International Carriage by Rail (COTIF), and the Spanish national legislation Road Transportation Regulation Law (LOTT), etc.

The T&Cs of LetMeShip and the relevant conditions of the carriers shall take precedence over any terms and conditions of the customer. Conflicting terms and conditions of contractual partners are only valid if LetMeShip has explicitly agreed to their application in writing. LetMeShip hereby explicitly rejects any reference to the contract partner’s own terms & conditions.

Booking procedure and conclusion of contract

The customer as Sender has the possibility to conclude contracts for the provision of transport services via the booking platform.

The platform offers an input mask in which the customer can enter the shipping specifications (e.g. pick-up and delivery location, dimensions, weight, desired pick-up and delivery date) for the shipment of one or more packages. Based on the customer’s request, LetMeShip lists the available individual shipping conditions (especially prices, estimated shipping time), together with the respective national and international transport company, courier and express company that would be commissioned by LetMeShip as the carrier depending on the shipping method.

By selecting a list entry and clicking the order button, the customer submits a binding offer to LetMeShip. A contract is only deemed concluded upon receipt of an order confirmation from LetMeShip. The sending of a dispatch label for the respective order to the customer is considered an order confirmation; this also applies if the respective carrier issues the dispatch label.

Transport contracts for goods that are excluded from transport according to section 5 shall not enter into effect.

LetMeShip and their carriers are not obliged to verify the correctness of information provided by the Sender.

Carriers

LetMeShip commissions the transport company selected by the customer according to clause 3 of these T&Cs as the carrier to carry out transport services.

Goods that are excluded from transport

With the exception of special deliveries that are individually agreed upon with the Sender, the following goods are excluded from transport:

• goods that are subject to national or international regulations concerning dangerous goods (e.g. by IATA);

• goods that due to their nature or packaging may pose a threat to human beings, other transported goods or other things;

• goods that require special safety measures or official approval;

• goods whose shipment, transport or storage is banned in the sending, destination or in a transit country or is a violation of export or import bans or any other legal regulations;

• prohibited articles as defined in the Annex to Regulation (EC) No. 2320/2002 of the European Parliament and the Council dated 16th December 2002 on common rules in the field of civil aviation security (Regulation (EC) No 2320/2002);

• means of payment, telephone and prepaid cards, pecuniary documents and transferable securities (e.g. money, credit cards, cheques, savings books, bills of exchange, securities);

• items of extraordinarily high value (e.g. works of art, unique items, antiques, securities, precious stones, precious metals, genuine pearls, postage stamps, coins);

• all types of motor vehicles;

• live animals and plants, animal remains, human body parts or mortal remains;

• narcotics and pharmaceuticals, weapons and explosives, food products and alcohol, frozen goods, tobacco products;

• radioactive substances and nuclear fuel (if in excess of statutory exemption limits);

• weapons and ammunition (with the exception of hunting and sports weapons and ammunition);

• explosive goods pursuant to established by Title III of the Regulation on the Admission, Handling and Storage of Dangerous Goods at Ports;

• medicines and drugs to which Royal Decree 1194/2011, of 19 August, which establishes the procedure for a substance to be considered a narcotic drug at the national level, applies;

• glass, porcelain etc. and delicate electronics, used or damaged goods;

• mobile phones;

• goods that are of low value in themselves but whose loss or damage may lead to significant consequential damage (e.g. data carriers with sensitive information);

• consignments with the postage “freight collect”.

No valid transport contract shall enter into effect for items that are excluded from transport.

Perishable or temperature-sensitive goods that are not excluded from transport due to the provisions listed above shall be transported at the Sender’s risk; there shall be no special handling.

Document shipping is not available for consignments that require a customs declaration. Goods shipping must be selected for such goods.

Prices, due date, customer default

The prices agreed in each case apply to the transport of the package(s) with the specifications provided by the customer. The transport prices calculated by LetMeShip and contractually agreed are based on the information provided by the Sender during the booking process.

If the specifications of the consignment differ from the information provided by the customer in the booking process, the customer shall owe the price resulting from the actual consignment specifications in the price list of the carrier designated by the Sender on the day of booking, provided that this price is higher than the price calculated in the booking process. As a rule, LetMeShip grants a discount on the list price even in this case of retro-billing, but the customer is not entitled to such a discount.

The agreed prices do not contain government fees, customs duties, tax or any other duties.

Payment of the agreed prices for the transport is due immediately after completion of the respective booking.

If the customer does not pay within 7 days after the due date and receipt of an invoice, they are in default without the need for a reminder. The invoice is considered received three working days after the invoice date, unless another date is proven by the Sender or the Recipient. LetMeShip is obliged to send the invoice no later than the day following the invoice date.

In the event of default, the customer is obliged to pay the statutory default interest.

Cash on delivery services are not available.

Expenses

LetMeShip is entitled to a lump-sum reimbursement of expenses for the following services per individual case to the amount specified, plus the statutory value added tax:

– Invoice correction due to customer number entered incorrectly by the customer: EUR 7.50

– Invoice in paper form at the customer’s request: EUR 2.50

– Subsequent bookings that are not made via the LetMeShip portal: EUR 5.00

– Customs clearances: EUR 2.50

If LetMeShip is liable to third parties for government fees, customs duties, taxes and other charges in connection with the transport of the customer’s cargo, the customer shall release LetMeShip from this liability. This does not apply to fines, penalties or other public payment obligations that are not attributable to the customer.

If a shipment cannot be delivered, the customer shall bear all costs arising from the return or disposal and shall release LetMeShip from such costs.

In all other respects, LetMeShip is entitled to reimbursement of expenses in accordance with the statutory provisions.

Additional services

If the customer commissions or arranges for further expenses or services, e.g. proof of delivery, insurance, transport in case of oversized goods, preparation of an export declaration etc., they shall reimburse LetMeShip the prices charged by the respective carrier, which are based on the carrier’s current price lists.

Collection and delivery is generally not available on Saturday, Sunday and public holidays.

Obligations of the Sender

The customer or a third party is obliged to keep the consignment ready for dispatch at the contractually agreed collection time or the collection time specified by LetMeShip and to hand it over at an easily accessible location.

Articles 24 and 25 of the Law 15/1009, of November 11, on the contract of ground transport of goods must be observed. The goods are to be packed by the customer in such a way that no damage can occur to packages, including those of third parties, during the normal course of things, provided these are also properly packed.

In particular, the number, weight and dimensions of the packaged consignment must correspond to the information provided to LetMeShip and must not be an object excluded from transport within the meaning of section 5.

At the request of LetMeShip or the carrier used by LetMeShip, the Sender is obliged to issue a consignment note. In this respect, the statutory provisions apply. The recipient’s address must be specified in the shipping order and on the consignment note, written in the way that is customary for the country of destination.

Shipments for which only a PO Box, a parcel station or similar depot is indicated do not entitle the customer to shipment, but LetMeShip still reserves the right to carry out shipment.

The Sender undertakes to inform LetMeShip and its carriers of all special, non-obvious characteristics of the consignment which are likely to have a significant effect on the provision of the service.

The Sender authorizes the carrier that is commissioned by LetMeShip to carry out the required customs procedures. LetMeShip is entitled to grant authorization to the respective carrier. The Sender is obliged to provide LetMeShip and the carriers with all information required to complete the customs formalities and to provide the necessary documents.

The Sender must attach to the cargo all documents and information required in each individual case and ensure that they comply with all applicable customs regulations and the Sender must provide LetMeShip and its carriers with the necessary information and documents required to comply with customs regulations during transport.

Transport obligation

The customer is entitled to transport of the respective transport goods.

The customer is not entitled to transport of the transport goods if the recipient is a natural or legal person or an organization that is on a list of sanctions and embargoes of the Kingdom of Spain or an intergovernmental or supranational organization recognized as binding by the Kingdom of Spain. The customer also has no claim to transport of the transport goods if the respective goods are a consignment excluded from transport within the meaning of these T&Cs (section 5) or within the meaning of the terms of use for the shipping platform.

Delivery times

The shipment times determined via LetMeShip are stated in working days (Monday to Friday) and are of an indicative nature, unless a particular delivery date is explicitly agreed, e.g. express deliveries. If a certain delivery period is expressly agreed, it begins with the actual pickup of the consignment by LetMeShip or the respective carrier.

Non-acceptance or abandonment of transport

LetMeShip and their carriers reserve the right to exclude from transport any consignments that contain items for which the customer is not entitled to transport, to abandon the transport of such consignments and/or to hand these over to official bodies.

This shall also apply for consignments whose contents or packaging poses a threat to human beings or means of transportation or that may cause damage to other transported goods.

Performance of transport

LetMeShip and their carriers are free to choose the route, means and type of transport, including in deviation from the specifications included in the consignment note.

Permitted dimensions, weights, prices and services are based on the scope of services and the mode of transport selected by the Sender.

Instructions issued by the Sender after a consignment has been handed over do not have to be observed. Rights that, by regulation, may correspond to the client in relation to said subsequent instructions, as well as the provisions regarding the conditions of transport and delivery, will not be applicable.

LetMeShip is not obliged to verify whether a consignment contains items that are excluded from transport or contains perishable or temperature-sensitive goods or whether it requires a customs declaration.

Right of inspection and correction

LetMeShip, its carriers, regulated agents within the meaning of Regulation (EC) No. 2320/2002 and any state authority, in particular the customs authorities, are authorized, but not obliged, to open and inspect the consignments handed over if there is a justified interest in doing so or if there is a risk of delay.

LetMeShip reserves the right to correct any detected weight or volume deviations in the consignment note. The Sender’s sole liability for the correctness of their declarations shall remain unaffected.

Delivery

LetMeShip is obliged to deliver the consignment to the recipient or to the recipient’s authorized representatives if they can prove their power of representation. The consignment shall be delivered, with exempting effect for LetMeShip, to any person that is present at the recipient’s business or private household address that is specified as the destination address, provided that there is no justified doubt as to their authority to receive the goods. Shipments to recipients in shared facilities (e.g. hospitals) may be handed over to employees of the facility with discharging effect. If the recipient of a consignment is a natural person and not a merchant, the consignment may also be delivered with discharging effect to immediate neighbors of the recipient.

If neither the recipient nor a person representing the recipient who is able to prove their right of representation can be found at the recipient’s premises during a delivery attempt and if no other delivery with discharging effect is made, this delivery attempt shall be deemed to have failed. In this case, either another delivery attempt shall be made or the recipient shall be notified of the failed delivery and of a possibility of picking up the consignment within a reasonable period. This depends on the conditions of the respective carrier commissioned by LetMeShip.

The proper delivery can also be proved with the digital signature of the recipient or another person to whom the item can be handed over with discharging effect or the digital reproduction of such a signature.

If the consignment cannot be delivered to the recipient or a proven representative thereof due to reasons beyond LetMeShip and its vicarious agents’ control, the consignment shall be considered undeliverable. Undeliverable consignments shall be returned to the Sender at the Sender’s expense. Upon LetMeShip’s request, the customer is obliged to immediately collect undeliverable shipments from the place where they are located.

If an undeliverable shipment cannot be returned to the Sender, LetMeShip shall be considered as depositary and shall have the right to retain as a pledge in accordance with article 1780 of the Civil Code. According to article 1859 of the Civil Code, LetMeShip will not have be available of the object of shipment. However, in accordance with Article 1872 of the Civil Code, it will be entitled to transfer the object through a notary.

Right of lien and retention

LetMeShip has a lien and a right of retention on all goods or other values under its control on account of all claims arising from other freight contracts concluded with the Sender, whether based on the freight contract or undisputed claims. The right of lien and retention shall be limited to the statutory right of lien and retention. According to article 1859 of the Civil Code, LetMeShip will not have been available the object of shipment. It will be entitled to transfer the object through a notary within the period of two weeks from the notice to the client of the warning about the transfer.

Liability of the Sender

The Sender shall be liable for any direct and indirect damages that arise for LetMeShip or their carriers due to the Sender handing over consignments that are excluded from transport (section 5) or due to their culpable failure to fulfil their cooperation duties (section 9) at all, correctly or in full, unless the Sender is not responsible for the breach of duty.

The obligation to pay compensation includes any fines, penalties and costs for legal defence. In addition, the Sender is liable for all direct and indirect damages resulting from their culpable breaches of duty, especially in the case of breaches of duties arising from these T&Cs, unless the Sender is not responsible for the breach of duty. The liability also extends to the conduct of the Sender’s agents and vicarious agents and to the fact that the Sender is entitled to carry out the transport of the consignments.

The Sender shall exempt LetMeShip from any claims of third parties, if and insofar as such claims can be attributed to the fact that the Sender has violated their duties and obligations according to these T&Cs or if a third party asserts rights to the consignment.

In case of deviations, the Sender is obliged to reimburse LetMeShip for any additional costs that may arise.

Liability of LetMeShip

For the delivery and collection of the Shipments, the conditions of each of the Transport Agencies shall apply. These conditions can be consulted on their respective websites. By placing an order on the LetMeShip platform, you must accept these T&Cs, which imply acceptance of the T&Cs of the chosen carrier.

In the event of any discrepancy between what is published on this Web Site and the Carrier’s web pages with respect to delivery and pick-up, the Carrier’s terms of service shall always prevail, as the rates published on the Web Site are based on them.

LetMeShip’s maximum liability shall be governed by the provisions of national and international legislation applicable to the transportation of goods offered by LetMeShip.

Currently such legislation is as follows:

National land transport: Law 15/2009 and its implementing regulations.
International land transportation: Convention on the Contract for the International Carriage of Goods by Road (CMR), done at Geneva on May 19, 1956.
National rail transport: Law 15/2009 and its implementing regulations.
International rail transport: International Convention concerning International Carriage by Rail, done at Geneva on May 9, 1980.
Air transport at national level: Air Navigation Act of 1960 and the Commercial Code.

International Air Transport: International Convention for the Unification of Certain Rules for Carriage by Air, done at Montreal on May 28, 1999.
Maritime transport of national scope: Law of December 22, 1949. International maritime transport: International Convention for the Unification of Certain Rules for Bills of Lading of 25 August 1924; Brussels Convention of 1924 Hague-Visby Protocol of 1968; Brussels Protocol of 1979.
Law 43/2010 of December 30, 2010, on universal postal service, users’ rights and the postal market.

In the event of having to make a claim, the User must do so through the LetMeShip platform and must always complete a written claim form.

All claims for loss, hidden or non-apparent damage to the Merchandise must be initiated within the time limits set forth below, which shall be counted from the day following the day of delivery at the Place of Destination:

National land transport: 7 days
International land transport: 7 days

National air transport: 10 days
International air transport: 14 days
National maritime transport: 24 hours
International maritime transport: 3 days

In the event that the loss or damage to the Goods is manifest, the Recipient must express its reservation at the time of delivery, stating its reservations on the delivery note, waybill or PDA (Tablet) of the carrier. The Recipient must note on the delivery note that it has received it with “With Damage”. If the delivery note shows it as delivered without any non-conforming remark, your claim for apparent damage cannot be satisfactorily dealt with.

In any case, if the User decides to make a claim, the User must ensure that the Recipient keeps the Merchandise and its packaging available for inspection, unless LetMeShip provides written instructions to the contrary. The Merchandise must be available for inspection in the condition in which it was delivered, and at the address to which it was delivered. If the item has been tampered with, repaired or if the packaging has not been retained, the claim will be rejected.

In case of delay, written reservations must be made within twenty-one (21) days from the day following delivery of the Shipment to the Recipient.

No claim shall be accepted outside the aforementioned time limits or when the Sender has not previously complied with its obligations under this contract.

In case of total loss, the claim will only begin to be processed once the Forwarder has carried out an intensive search in its warehouses and has catalogued the Goods as “lost”. This process of search and declaration of loss by the carrier usually takes up to a maximum of thirty (30) days from the expected date of delivery. The customer agrees to cooperate in the tracing efforts by providing as much information as requested.

Once the active search of the shipment has been completed, it will pass to a passive search. If the shipment is subsequently located, the customer will be informed and delivery instructions will be requested.

Once the claim has been received, LetMeShip will request the documentation that proves the damage or loss: Essential requirements to open a claim:

Claim Form

Delivery note signed by the courier (except in exceptional cases).
Commercial invoice (purchase/sale) of the goods transported, or purchase receipt. This must always reflect the coincident data between sender and recipient, in the event that the sender is not the sender of the goods, he/she must send a letter stating the relationship between the three parties.
In case of breakage, pictures of the goods and of the outer and inner packaging as well as of the contents and the evident damage (e.g. broken casings) upon receipt:
Photo of the damaged goods in their entirety: the photo must show the damage in its entirety and not just a detail. If the damage is not noticeable in a general shot, it will be necessary to add one more picture of the item showing the damage. If more than one item is found to be damaged, make the photo by grouping all items into one image.
Photo of the outer packaging, including transport company label: the photo must show that the shipment has been made with the transport company and that the claim corresponds to the contracted shipment. The photo should be taken at a distance where the shipping label is visible.

Photo of the goods with inner packaging: the photo must show that the packaging used has protected the contents during transport. Picture of the damaged goods placed inside the packaging, as it originally arrived at the consignee.
Damage repair estimate, if applicable.
Delivery note with recipient’s comments in case of damage.
In the absence of any of the above mentioned documents, the file will be incomplete and therefore the claim cannot be processed.

The client who submits the claim assumes from that moment on his responsibility towards the insurance company and the different arbitration boards, so that any attempt of fraud or false documentation will be the total and exclusive responsibility of the client for all legal and administrative purposes.

Once the claim is in process, the deadlines for submission of documentation shall be as follows:

Losses: 1 year from the date of collection of the goods.

Lack of content: Images 2 months from the date of delivery of the goods. Other documents: 1 year from the date of collection.
Damages: Images 2 months from the date of delivery of the goods. Other documents 1 year from the date of collection.
The time limit for the resolution of a claim for loss or damage is 90 days. The term will begin when the file is complete and is transferred to the carrier.

Compensation for goods is not subject to VAT, in accordance with the provisions of Law 37/1992 of VAT art. 78.31.

If the goods are recovered after the payment has been made to the User, the User agrees to transfer the amount corresponding to the compensation for goods in favor of LetMeShip by bank transfer to the bank account designated by the latter.

No claims will be accepted for the delivery of Goods if the User has cancelled the order, requested a stop or return of the goods, once delivered to the Shipping Agency, since it cannot be guaranteed that Goods will be returned to their origin once they have begun their transit. However, LetMeShip will use its best efforts to cancel the delivery, if requested by the User.

Insurance coverage is applicable only in the event of loss, obvious damage as shown on the delivery note, and damage that is not apparent, provided that such damage is determined upon examination to have been caused during transportation of the goods.

LetMeShip shall not be liable for damage during transportation of goods excluded from transportation (paragraph 5). LetMeShip shall also not be liable for damage caused by insufficient packaging on the part of the Shipper. Furthermore, liability is excluded for damage caused by third parties, force majeure, atmospheric influences, equipment failures, impacts of other goods, damage due to animals, naturally occurring changes to the transported goods, theft or aggravated theft, unless it can be proven that LetMeShip culpably caused the damage.

Compensation for all damages exceeding the direct damage, in particular indirect damage and consequential costs, such as pure economic loss, loss of profit, loss of business opportunities or loss of turnover, as well as compensation costs, shall be excluded. Statutory exemptions and restrictions of liability such as Articles 32.2, 48 and 49 of Law 15/2009 of November 11, 2009 on the Contract for the Carriage of Goods by Road and Article 17 paragraph 4 and Article 18 of the CMR, as well as any other statutory exemptions, shall also apply. Furthermore, LetMeShip shall not be liable for damages caused due to inspection of a shipment, provided that such inspection is legally permitted.

LetMeShip is not liable for any action or omission of the customer or customs authorities.

In addition to determining shipment security standards, specifying the value of a shipment to LetMeShip is necessary to verify value thresholds for customs purposes. Specifying the value of the shipment does not increase liability, nor is it considered a declaration of the Shipper’s particular interest in the shipment.

Depending on the mode of shipment selected, the Shipper may either arrange transportation insurance by paying an appropriate additional charge or instruct LetMeShip to arrange appropriate insurance on the Shipper’s behalf and at the Shipper’s expense. The insurance covers the Sender’s interest in the respective conditional shipment against risks of loss and damage with the agreed sum insured per shipment.

In case of doubt, the insurance conditions of the respective carrier shall apply, which can be viewed via the multi-user platform.

Assertion of claims

Notifications of damage must be made in text form within the statutory periods and, in the case of separately insured shipments, immediately after delivery. The damage incurred must be specifically described and verified by suitable documents.

If the consignment is not delivered, the damage must be reported immediately, as soon as the goods are to be considered lost. This is the case if it is not delivered within the delivery period or within a further period corresponding to the delivery period, but at least twenty days, or thirty days in the case of international consignment.

In order for LetMeShip to examine a claim for damages, the Sender must make the contents, shipping cartons and packaging of the consignment available to LetMeShip or, on the instructions of LetMeShip, to the respective carrier for inspection.

Transfer and offsetting of claims

The Sender does not have the right to transfer any claims against LetMeShip to third parties. Offsetting claims of the customer against LetMeShip is excluded, unless these claims are undisputed or legally binding.

Insofar as LetMeShip is liable to the customer for damages, the customer hereby assigns to LetMeShip in advance any claims to which he is entitled against third parties arising from the circumstances giving rise to liability.

Limitation period

Any claims regarding the shipment shall lapse pursuant to Article 79 of Law 15/2009, of November 11, on the contract of ground transport of goods, or in the case of crossborder transportation pursuant to the respective convention (e.g. art. 32 of the CMR). The statutory limitation periods shall apply for any claims that are not subject to the aforementioned limitation periods.

Data protection

LetMeShip guarantees that the personal data arising in connection with the transport will only be collected, processed, stored and used in connection with the processing of the contractual relationship. LetMeShip is entitled to transmit the data to partners TERMS AND CONDITIONS commissioned by LetMeShip to carry out the order, insofar as this is necessary in order to fulfil the rights and obligations arising from the contractual relationship. LetMeShip guarantees that the valid data protection regulations are complied with. Further details follow from the Privacy Policy.

Applicable law and jurisdiction

Substantive Spanish law shall apply for any disputes that arise from and in connection with the contract, to the exclusion of any conflict of laws. The sole place of jurisdiction for all disputes is Madrid.

Severability clause

Should any provision of these T&Cs be or become invalid, either in part or in full, the effectiveness of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to loopholes.

Special conditions of LetMeShip SaaS

For customers with a “LetMeShip SaaS” contract, the following deviations and additions apply:

The conclusion of a “LetMeShip SaaS” contract requires that the customer maintains existing framework agreements with one or more transport companies with which LetMeShip cooperates (hereinafter: Contractual Companies).

Insofar as the customer’s entries on the booking platform indicate the shipping conditions of a customer’s contractual company, these conditions are based on the respective general agreement between the customer and the contractual company.

If the customer initiates an order with a contractual company during the booking process, this does not constitute an offer to LetMeShip, contrary to clause 3 of these T&Cs, but a declaration to the respective contractual company. In this case LetMeShip acts as a messenger and receiver for the customer and for the contractual company.

Notwithstanding clause 2 of these T&Cs, the T&Cs of the contractual company take precedence over these T&Cs for contracts concluded in this way (hereinafter: SaaS freight contracts) with the contractual company.

Clause 4 of these T&Cs shall not apply to SaaS freight contracts, as in such contracts the contractual company acts directly as carrier towards the customer.

With SaaS freight contracts, LetMeShip is not responsible for transporting the shipment, but for the automated transmission of the respective declarations of the customer and the contractual company via IT interfaces. LetMeShip is only liable in the event of incorrect or omitted transmission of the respective declarations due to technical unavailability of the IT infrastructure provided by the respective contractual companies if LetMeShip or its vicarious agents are responsible for the technical unavailability. The contractual companies are not considered LetMeShip’s vicarious agents.

Notwithstanding clause 8 of these T&Cs, Saturday, Sunday and holiday pick-ups may also be agreed within the framework of SaaS freight contracts.

Insofar as deviating provisions have been made in a SaaS contract, these provisions shall take precedence over the provisions in these T&Cs, including those of this clause 24.

In all other respects, the regulations contained in these T&Cs with respect to carriers shall apply mutatis mutandis with respect to the contractual company, insofar as the T&Cs of the contractual company do not contain any applicable regulations.

Terms and Conditions of the Goods Value Guarantee Service

Article 1 – Definitions

For the interpretation of these Terms and Conditions of the Service (hereinafter the “Terms and Conditions”), the following definitions apply:

“Carrier”: Any air or land carrier.

“Claim”: Refers to the request made under the Guarantee to obtain compensation following an Incident. Also refers to the procedure following this request, including the provision of the supporting documents requested by ITA Group

“Collection Date”: Date the Parcel or Goods are taken over by the Carrier;

“Delivery”: Physical handover of the Parcel or Goods to its Recipient;

“ITA Group”: Refers to ITA Consulting GmbH and/or all its subsidiaries operating the LetMeShip.com website in Germany, France, the Netherlands, Belgium, Spain, Switzerland, and Austria.

“Force Majeure Event”: Means any event beyond the reasonable control of the affected party preventing the performance of its obligation by the debtor, including but not limited to acts of God, acts of war, strikes, acts of terrorism, network or communications failures, government regulations, or any other event considered as such under applicable law or jurisprudence;

“Goods”: Any movable property not subject to exclusion;

“Guarantee”: Refers to the protection offered under the Service. It entitles the payment of compensation in case of an Incident, provided the Claim is validly constituted and completed. The Guarantee is subject to all exclusions of the Terms and Conditions;

“Incident”: Refers to an event covered by the Guarantee resulting in damage or loss of a Parcel. To be admissible, an Incident must be one of the following triggering events: loss of the Parcel, theft of the Parcel, damage to the Parcel, or non-delivery of the Parcel;

“Parcel”: Goods or a set of several Goods, regardless of weight, dimensions, and volume, forming an identifiable unit load upon handover to the Carrier;

“Customer”: Physical or legal person holding a customer account on the LetMeShip platform, subscriber to the Guarantee, and beneficiary of the Service;

“Recipient”: Physical or legal person listed as the recipient of the Parcel or Goods on the shipping label or delivery slip and in the form completed by the customer when subscribing to the Service;

“Service”: Refers to all services and benefits provided by ITA Group The Service includes the Guarantee, as well as customer service;

“Shipment”: Refers to the Parcel(s) handed over to a single Carrier and shipped to the Recipient;

Article 2 – Application of the Terms and Conditions

The purpose of these Terms and Conditions is to define the contractual framework of the Guarantee from ITA Group to the Customer.

These Terms and Conditions apply without restriction or reservation to any subscription to the Guarantee and use of the Service.

These Terms and Conditions are accessible at any time on LetMeShip.com website.

The Customer declares having read and accepted these Terms and Conditions applicable to all parcels for which subscriptions has been made to the Guarantee.

Article 3 – Territoriality of the Guarantee

The Guarantee covers Parcel shipments worldwide.

BY EXCEPTION, THE FOLLOWING COUNTRIES OR TERRITORIES ARE EXCLUDED FROM THE TERRITORIAL COVERAGE OF THE GUARANTEE, AS DEPARTURE, TRANSIT, OR ARRIVAL POINTS: IRAN, CUBA, NORTH KOREA, SUDAN, SYRIA, CRIMEA, AFGHANISTAN, VENEZUELA, BELARUS, RUSSIA, UKRAINE INCLUDING CRIMEA AND THE LUHANSK AND DONETSK REGIONS, INCLUDING THEIR TERRITORIES AND POSSESSIONS AND ANY STATE OR POLITICAL SUBDIVISION THEREOF.

Article 4 – Goods covered by the Guarantee

4.1. The Guarantee covers all new or used Goods, except those listed in the exclusions detailed in article 4.2.

4.2. THE FOLLOWING GOODS ARE EXCLUDED FROM THE GUARANTEE BY THEIR NATURE:

FOOD OR PERISHABLE ITEMS,

MEDICATION REQUIRING CONTROLLED TEMPERATURE (POSITIVE OR NEGATIVE),

CIGARETTES, TOBACCO, AND TOBACCO PRODUCTS,

LIQUIDS, WINES, AND SPIRITS,

FRAGILE PRODUCTS¹,

PRODUCTS THAT HAVE ALREADY BEEN BROKEN, DAMAGED OR FRAGILISED,

CHEMICAL, TOXIC, OR HAZARDOUS PRODUCTS,

MOLDY, POLLUTED, OR CONTAMINATED OBJECTS OR GOODS,

FIREARMS, AMMUNITION, EXPLOSIVES, FUELS, AND FIREWORKS,

RADIOACTIVE OR DANGEROUS MATERIALS,

LIQUID FUELS SUCH AS LPG, FOD, HEAVY FUEL OIL, AND SIMILAR PRODUCTS,

COMBUSTIBLE GASES, FLAMMABLE LIQUIDS,

ILLEGAL SUBSTANCES DEFINED BY THE LEGISLATIONS OF THE PICK-UP OR DROP-OFF COUNTRY,

LIVING BEINGS, ANIMALS, PLANTS,

STOLEN OR ILLEGALLY HELD PRODUCTS.

MOVING FURNITURE,

CONTAINER BODIES,

PRODUCTS SHIPPED ON A PALLET²,

IDENTITY CARDS, PASSPORTS, DRIVING LICENSES, PROPERTY TITLES,

OFFICIAL DOCUMENTS, SECURITIES, CASH, BANK CARDS, COINS, ANY PAYMENT METHOD,

PRODUCTS SUBJECT TO PROHIBITED OR CLANDESTINE TRADE AS DEFINED IN THE PICK-UP OR DROP-OFF COUNTRY.

4.3. The Guarantee is limited to €100,000 (one hundred thousand euros) per Parcel or per Shipment, regardless of the number of Parcels.

Article 5 – Duration of the Guarantee

5.1. The Guarantee takes effect when the covered Goods, packaged in accordance with the requirements set out in article 8, are handed over to the Carrier and ends upon Delivery against the discharge of the Goods to the Recipient or, in any event, at the expiration of a period of twenty-one (21) days from the Collection Date, regardless of the mean of shipping.

5.2. For returned Goods, the Guarantee will end at the expiration of a period of twenty-one (21) days from the initial Collection Date, regardless of the mean of shipping. Goods delivered and then returned to the sender are not covered by the Guarantee.

Article 6 – Risks covered by the Guarantee

The Guarantee covers risks of loss, non-delivery, theft, and damage to Goods, excluding the risks listed in article 6.2 below.

In order to be admissible, a Claim must relate to the following triggering events:

Loss of the Parcel: Parcel not delivered to its Recipient and not located by the Carrier who issues a certificate of loss of the Parcel.

Theft of the Parcel: theft of a Parcel during its transport by force, violence, threat, break-in, use of a false identity, with murder or attempted murder (theft in the hands of the Carrier).

Damage to the Parcel: the product is delivered damaged compared to its condition at the time of dispatch.

Non-delivery of the Parcel: the Parcel has not reached its Recipient and has been declared delivered by the Carrier.

NO COMPENSATION WILL BE MADE IF:

– THE PARCEL IS NOT UNDER THE RESPONSIBILITY AND CONTROL OF THE COMMON CARRIER;

– OR THE TRIGGERING EVENT OCCURS BEFORE THE PARCEL IS ENTRUSTED TO THE COMMON CARRIER OR AFTER IT HAS BEEN DELIVERED TO THE DELIVERY ADDRESS;

The Guarantee does not cover:

DAMAGES, COSTS, LOSSES, THIRD-PARTY CLAIMS AND THEFT RESULTING DIRECTLY OR INDIRECTLY FROM THE ABSENCE, INADEQUACY OR UNSUITABILITY OF THE PREPARATION, PACKAGING OR WRAPPING OF THE GOODS, IN PARTICULAR RUST, OXIDATION AND VARIOUS SCRATCHES ETC.;

FUNCTIONAL BREAKDOWNS AND DAMAGES CAUSED BY MECHANICAL, ELECTRICAL OR ELECTRONIC FAULTS IN THE PRODUCTS COVERED BY THE GUARANTEE WHICH ARE NOT RELATED TO TRANSPORT;

RISKS OF RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIOCHEMICAL AND ELECTROMAGNETIC RISKS;

DAMAGES, COSTS, LOSSES, THIRD PARTY CLAIMS AND THEFT RESULTING DIRECTLY OR INDIRECTLY FROM IONISING RADIATION OR RADIOACTIVE CONTAMINATION CAUSED BY NUCLEAR FUEL OR RADIOACTIVE WASTE OR BY NUCLEAR REACTION;

DAMAGES, COSTS, LOSSES, RECOURSE BY THIRD PARTIES AND THEFT RESULTING DIRECTLY OR INDIRECTLY FROM THE RADIOACTIVE, TOXIC, EXPLOSIVE, DANGEROUS OR CONTAMINATING PROPERTIES OF ANY NUCLEAR INSTALLATION, REACTOR OR ANY NUCLEAR EQUIPMENT OR COMPONENT ATTACHED THERETO;

DAMAGES, COSTS, LOSSES, RECOURSE BY THIRD PARTIES AND THEFT RESULTING DIRECTLY OR INDIRECTLY FROM ANY WEAPON, DEVICE USING NUCLEAR FISSION OR FUSION OR ANY OTHER SIMILAR NUCLEAR REACTION, OR NUCLEAR ENERGY, OR ANY RADIOACTIVE PHENOMENON OR EFFECT;

DAMAGES, COSTS, LOSSES, RECOURSE BY THIRD PARTIES AND THEFT RESULTING DIRECTLY OR INDIRECTLY FROM THE RADIOACTIVE, TOXIC, EXPLOSIVE, DANGEROUS OR CONTAMINATING PROPERTIES OF ANY RADIOACTIVE MATERIAL. THIS LAST EXCLUSION DOES NOT APPLY TO RADIOACTIVE ISOTOPES, OTHER THAN NUCLEAR FUELS, WHEN THEY ARE BEING PREPARED, TRANSPORTED OR STORED, OR WHEN THEY ARE USED FOR COMMERCIAL, AGRICULTURAL, MEDICAL, SCIENTIFIC OR OTHER PEACEFUL PURPOSES;

DAMAGES, COSTS, LOSSES, THIRD PARTY CLAIMS AND THEFT RESULTING DIRECTLY OR INDIRECTLY FROM ANY CHEMICAL, BIOLOGICAL, BIOCHEMICAL OR ELECTROMAGNETIC WEAPON;

DAMAGES, COSTS, LOSSES, THIRD PARTY CLAIMS AND THEFT RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OR OPERATION, WITH INTENT TO CAUSE DAMAGE, OF ANY COMPUTER OR COMPUTER EQUIPMENT, COMPUTER PROGRAM OR SOFTWARE, COMPUTER VIRUS, FALSIFIED CODE OR DATA TRANSMISSION, OR ANY OTHER ELECTRONIC SYSTEM;

DAMAGES, COSTS, LOSSES, THIRD PARTY CLAIMS AND THEFT ARISING DIRECTLY OR INDIRECTLY FROM WAR (CIVIL OR FOREIGN) INVASION, TERRORISM, HOSTILE ACTION, REPRISAL OR SABOTAGE, PIRACY, REBELLION, REVOLUTION, INSURRECTION, RIOT, MILITARY OR USURPED POWER;

DAMAGES, LOSS, COSTS OR THE PARTNER LIABILITY CAUSED BY A COMMUNICABLE HUMAN DISEASE PROCLAIMED OR CHARACTERISED AS AN EPIDEMIC BY A GOVERNMENT OR OTHER COMPETENT AUTHORITY OF ANY COUNTRY ;

DAMAGES, LOSS, COSTS OR LIABILITY OF THE PARTNER CAUSED BY A COMMUNICABLE HUMAN DISEASE PROCLAIMED OR CHARACTERIZED AS AN EPIDEMIC BY THE WORLD HEALTH ORGANIZATION (WHO);

DAMAGES, LOSS, COSTS OR LIABILITY OF THE PARTNER CAUSED BY ARTISTIC DEPRECIATION ;

DAMAGES, LOSS, COSTS OR LIABILITY OF THE PARTNER RESULTING FROM LOSS OF DATA RECORDED ON MAGNETIC MEDIA;

DAMAGES, COSTS, LOSSES, THIRD PARTY CLAIMS AND THEFT RESULTING FROM CAPTURE, ARREST, SEIZURE, RESTRAINT, MOLESTATION OR DETENTION BY ANY GOVERNMENT OR AUTHORITY WHATSOEVER;

DAMAGES, COSTS, LOSSES, RECOURSE BY THIRD PARTIES AND THEFT RESULTING FROM CONFISCATION, SEQUESTRATION, REQUISITION, BREACH OF BLOCKADE, SMUGGLING, SEIZURE, EXECUTION OR OTHER SEIZURES. THE PARTNER, FIGURAL AND ANY THIRD PARTY INVOLVED IN THE PROVISION OF THE SERVICE OR THE GUARANTEE REMAIN UNAFFECTED BY ANY SECURITY THAT MAY BE PROVIDED TO RELEASE THE GOODS COVERED BY THE GUARANTEE FROM SUCH SEIZURES;

DAMAGES, COSTS, LOSSES, RECOURSE BY THIRD PARTIES AND THEFT RESULTING FROM RIOTS, CIVIL COMMOTION, STRIKES, LOCK-OUTS AND OTHER SIMILAR EVENTS;

DAMAGES, COSTS, LOSSES, THIRD-PARTY CLAIMS AND THEFT RESULTING FROM INTENTIONAL OR INEXCUSABLE FAULT ON THE PART OF THE CUSTOMER AND ALL OTHER BENEFICIARIES OF THE GUARANTEE, THEIR EMPLOYEES, REPRESENTATIVES OR ASSIGNS,

– DAMAGES, LOSSES AND COSTS RESULTING FROM INHERENT DEFECTS IN THE GOODS COVERED BY THE GUARANTEE; WORMS AND VERMIN, EXCEPT IN THE CASE OF CONTAMINATION THAT OCCURRED DURING SHIPMENT; THE INFLUENCE OF ATMOSPHERIC TEMPERATURE; ROAD BRAKING IN USE.

It is also agreed that ITA Group shall not be bound by any Guarantee, shall not provide any service and shall not be obliged to pay any sum under these General Terms and Conditions if the implementation of such Guarantee, the provision of such service or such payment would expose it to a penalty, prohibition or restriction resulting from a resolution of the United Nations Organisation, and/or the economic or commercial sanctions provided for by the laws or regulations enacted by the European Union, Spain, France, the United Kingdom of Great Britain, the United States of America or by any other applicable national law providing for such measures.

Article 7 – Accepted Carriers and Delivery conditions

7.1. For the Guarantee to apply, the Parcel must have been shipped through a tracked and Proof of Delivery secured shipping service such as a signature or code. The Guarantee takes effect for twenty-one (21) days from the Collection Date. It is the Customer’s responsibility to make sure a shipping method that ensures a delivery within this timeframe has been chosen.

7.2. It is specified that Goods entrusted to a river or maritime carrier are not covered by the Guarantee.

7.3. Parcels dropped off at or originally scheduled for delivery to non-transport relay points will be covered up to a maximum value of five hundred euros (€500). Any business whose main activity is not related to the transport of goods is considered to be a non-transport relay point.

Article 8 – Customer obligations

The Guarantee shall not take effect if the Customer does not comply with all the following cumulative requirements:

8.1. Requirements regarding the packaging of Goods:

8.1.1. Requirements applicable when Goods are handed over to any type of Carrier:

Goods must be shipped in rigid containers that do not allow their content to be detected by palpation;

Goods must be shipped in a double new and sturdy packaging. (By double packaging, it is understood that the Goods must be packed in a first container such as a carton, box, bubble wrap, cardboard envelope. This first packaging must then be placed in a larger and rigid second packaging such as another carton);

Goods must be prepared, packed and packaged sufficiently and appropriately according to their nature in order to withstand the risks of transport.

8.1.2. Special rule regarding damages: If the Parcel arrives damaged, the Recipient must accurately describe the damages on the delivery note to allow the Customer to be compensated.

By signing the delivery note without raising objections to the Carrier’s representative delivering the Goods, the Recipient accepts the Goods, and the Customer waives any claims.

For information, in case of doubt, the Recipient has the right to check the contents of the Parcel in the presence of the Carrier’s representative before signing the delivery note. The Carrier’s representative cannot refuse this.

8.1.3. Special rule concerning non-resilient packaging: Non-rigid and less resistant packaging (such as bubble envelopes, thin cardboard envelopes) will be covered by the Guarantee for a maximum value of two hundred euros (€200) per Parcel, except for document dispatches, coverage of the Guarantee will be limited to the cost of reproduction for a maximum value of five hundred euros (€500) per Parcel.

8.2. Requirements regarding the delivery modalities of Goods:

Goods or Parcels must be handed over to the Recipient against the Recipient’s conforming signature or code.

The shipping label must be attached to the Parcel with all the Recipient’s information including full name, complete address, postal code, city, and country of destination.

If the Recipient, the Customer or any third party linked to the Customer agrees with the Carrier to deliver the Parcel without a signature, in their absence, entrusting it to a third party, placing it in their mailbox, or in any other place, it ceases to be covered by the Guarantee. If negligence from the Carrier, is the cause, the Guarantee normally applies.

8.3. Requirements regarding the declared value of the Parcel:

The Customer must declare the value of the Parcel at the time of subscribing to the Guarantee. This must be corroborated by a commercial invoice for new Goods, and a valued transfer certificate or a pre-sent dispatch notice for used Goods. It is specified that the declared value at the time of subscription cannot in any case exceed the value stated on the commercial invoice for new Goods, or the transfer certificate valued or dispatch notice for used Goods.

8.4. Requirements regarding the conservation of claims rights:

The Customer is obliged to preserve all the rights and remedies against the Carrier(s).

The Customer may not, without the prior agreement of ITA Group, interfere in exchanges between ITA Group and the carrier regarding the claims process against the carrier, failing which the conditions for reimbursement under the guarantee will be rendered null and void.

Article 9 – Compensation value of Claims

9.1. The guaranteed value must be corroborated, in accordance with the provisions of Article 8.3, by a commercial invoice, a valued transfer certificate, or a pre-sent dispatch notice. The amount of compensation cannot exceed the highest of the following sums:

For new products, the invoice value;

For used products, the replacement value, depreciation deducted up to 50% of the declared value;

For damaged products, the value of the repair costs of the product if it is reparable and if it does not exceed the value of the product.

9.2. The total amount compensated cannot in any case exceed the guaranteed value. If the Customer receives compensation or indemnification from the Carrier, this amount will be deducted from the compensation or must be refunded to ITA Group. It is specified that the Customer cannot profit by combining compensation or indemnity received from the Carrier and the guaranteed compensation.

Article 10 – Claims and Compensation procedure

The Guarantee will not be effective if the Customer or any third party linked to the Customer fails to comply with all the requirements of this Claims and Indemnification procedure:

10.1. In case of a Claim, the Customer must:

Take all precautionary measures to protect the guaranteed Goods and limit damages;

Preserve all rights and recourse actions against the Carriers and/or any presumed third party responsible;

In case of damage:

Require the Recipient to write clear, precise, and meaningful reservations on the delivery note, or refuse Delivery. A damaged Parcel whose delivery note is signed without reservations or without refusal of Delivery cannot be compensated;

Require the Recipient to provide a photo of the Parcel, its contents and packaging;

Require the Recipient to keep all packaging;

In case of theft, file a complaint.

10.2. The Customer must promptly provide the following documents if requested:

Copy of the shipping label or proof of dispatch of the Parcel with the information required to determine the details of the Parcel (weight, type, value, contents) and of the customer (dates, names of persons involved, details of the goods);

Copy of identity document and/or Kbis extract of the company or equivalent foreign document;

Proof of guaranteed value:

For new goods: Copy of the original invoices for the goods contained in the Parcel,

For second-hand goods: Copy of the original invoices for the goods contained in the Parcel or a document corroborating the value of the Parcel (a valued certificate of transfer or an expert’s opinion drawn up prior to dispatch);

A photo of the Parcel and/or its contents and/or its packaging;

In case of theft: copy of the police report detailing the circumstances of the theft of the Parcel;

In case of damage: photos of the damage, a copy of the reservations made on the delivery slip, an estimate or invoice for the repair costs of the Goods if this is possible.

A sworn declaration of non-receipt of the Parcel accompanied by proof of identity;

Proof of the transaction;

The pick-up receipt from the carrier.

In case of doubt, ITA Group or any third party acting on its behalf reserves itself the right to conduct a preliminary investigation.

10.3. The Customer must notify ITA Group of any Claim of which it is aware of by sending its Claim to ITA Group using the provided tools, within the following deadlines:

– In the event of loss or theft of the Parcel during its transport by force, violence, threat, break-in, use of a false identity, with murder or attempted murder, at the latest within a maximum of twenty-one (21) days after the Collection Date of the Parcel;

– In the event of damage to or non-delivery of the Parcel declared delivered, within a maximum period of fourteen (14) days after the actual or notified Delivery date of the Parcel;

10.4. ITA Group will assist the Customer in their Claim process and remain their direct contact. In this capacity, ITA Group will assist the Customer in obtaining the necessary documents to provide a complete file.

10.5. If the Customer has been compensated under the Guarantee due to the non-delivery of a Parcel, and the Goods contained in the said Parcel are subsequently found, the Customer hereby agrees to retrieve the Goods, the recovered Parcel(s), and reimburse ITA Group for the compensation previously received, deducting, if applicable, the losses and damages covered by the Guarantee.

Article 11 – Cancellation of the Guarantee

The Customer has the right to request cancellation of the Guarantee and seek a refund, only if the Parcel has not been shipped. Once the Parcel is taken over by the Carrier, the Guarantee will immediately take effect and will no longer be refundable or cancellable.

Article 12 – Liability

Each party assumes the consequences arising from its faults and breaches of obligations under these Terms and Conditions; there is no joint liability between the parties. The maximum limit of liability applicable to ITA Group, if established, shall not exceed in any case, all damages combined, and in any event, one hundred thousand euros (€100,000) per Parcel, or per Shipment regardless of the number of Parcels.

Article 13 – Force Majeure

ITA Group or the Carrier, shall not be liable if the non-performance of Services or delay in the performance of any of their obligations as described in these Terms and Conditions results from a Force Majeure Event, within the meaning of Article 1105 of the Spanish Civil Code. The party experiencing the force majeure event must immediately inform the other party of its inability to perform its obligation and justify it to the other party. The suspension of obligations shall not in any case be a cause of liability for non-performance of the obligation in question, nor entail the payment of damages or penalties for delay. The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary. Therefore, upon the disappearance of the cause of the suspension of their reciprocal obligations, the parties shall make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the hindered party shall notify the other party of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act.

Article 14 – Applicable law and language

The applicable law is Spanish law. Any dispute arising from the validity, interpretation or performance of the general terms and conditions of sale and the use of the site shall be brought before the Commercial Court in Spain, even in the event of multiple defendants or the introduction of third parties, if the plaintiff is a merchant. In all other cases, the designation of the competent court will be determined in accordance with the rules applicable to the Code of Civil Procedure.

Article 15 – Severability clause

The total or partial invalidity of one of the provisions of these conditions of use shall not affect the validity of the other provisions. The invalid clause will be replaced by a valid clause whose purpose is as close as possible to the invalid clause from an economic point of view. The same applies to legal loopholes.