Terms and Conditions of Carriage

I. GENERAL PROVISIONS

1.For the purposes of these General Terms and Conditions:

1.1.„HONEST LOGISTICS“ or „Operator” means „HONEST LOGISTICS“ Ltd., which is assigned the relevant consignment transport order.

1.2.„Shipment“ means any item, sent from one sender/address to one recipient/address, which is handed over to/by the Operator against a separate consignment note/delivery note, which is to be transported and delivered under the terms stated in the relevant consignment note/delivery note.

1.3.„Courier consignment” is a non-palletised consignment weighing from 0.01 kg to 31.5 kg or with a volume of up to 0.21 m³.³.

1.4.„Cargo shipment” is a palletised or non-palletised shipment weighing from 31.5 kg to 2500 kg, with dimensions up to 2 linear metres and up to 1200 kg per indivisible package.

1.5.„Non-standard shipment“ is a shipment containing one or more packages with dimensions exceeding the following parameters: length over 160 cm, as well as the sum of the length and twice the height and width being over 320 cm (example dimensions 1.60/0.4/0.4) 160 + 2*(0.4+0.4) = 320 cm), and with a single package weight of over 31.5 kg.

1.6.A user is any person (sender or receiver) who commissions the performance of a service from the Operator, for their own account or for the account of others.

1.7.Full address details are understood to mean the provision of the following information: country, postcode, town/city, district, street, building number, entrance, floor, flat, contact person and telephone number.

1.8.Suitable packaging is the original factory packaging or another type of packaging that guarantees the protection of the shipment during the Operator's usual activities.

1.9.„CMR Convention“ means the Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva, 19 May 1956).

1.10.„TIR Convention“ means the Convention on the international transport of goods under cover of TIR carnet (Geneva, 14 November 1975).

II. SUBJECT MATTER

3.These General Terms and Conditions for the provision of cargo services regulate the conditions and procedure under which the Operator provides its users with the cargo services it offers.

4.The General Terms and Conditions shall define the scope and characteristics of the cargo services provided, the conditions of access to the services provided, the requirements for the quality and efficiency of service, the method of payment for the services, the conditions for acceptance and delivery of shipments, the rights and obligations of the Operator, the rights and obligations of the end-users of cargo services, prohibited items and substances, the type and extent of liability of the parties to the cargo services contract, the procedure for submitting complaints, the procedure and method for resolving disputes, and other matters relating to the provision and use of cargo services.

III. FIELD OF APPLICATION

5.The present General Terms and Conditions are binding on the Operator and users of cargo services and form an integral part of the contract concluded between them. By signing the Operator's waybill/delivery note or by handing over the consignment, the User declares that they are familiar with these General Terms and Conditions and agree to their contents. Signatures may be:

5.1.Handwritten signature on a paper copy of the documents;

5.2.Electronic signature applied to an electronic version of documents, without the need for them to be printed on paper;

6.Parties may agree on additional and/or other terms for the provision of cargo services, for which they conclude an individual contract.

7.The present General Terms and Conditions shall apply subsidiarily to the contract under item 6.

IV. SCOPE AND CHARACTERISTICS OF THE SERVICES

8.The operator provides the following cargo services:

8.1.Dispatch of „Cargo Shipments” within R. Bulgaria /domestic/ and international with a weight from 31.5 kg to 2500 kg, including pallet service and bulk cargo;

8.2.Additional services: priority delivery, return documents, additional insurance for shipments at declared value, return of acknowledgment of receipt, return of customer packaging, warehousing, customs clearance, additional packaging.

8.3.Transport of furniture and non-standard shipments, with the exception and under the following conditions:

8.3.1.Acceptance from a principal's warehouse:

8.3.1.1.Shipments must be placed on a pallet/grate and must not overhang the dimensions of the pallet/grate. Individual packages must be correctly arranged and in packaging suitable for transport; Furniture is transported only disassembled and with appropriate transport packaging;

8.3.1.2.In the event that there are multiple individual packages for different recipients, these must be placed on a pallet (consolidated shipment) at the sender's warehouse and then transported to a HONEST LOGISTICS delivery depot. The goods/shipments must NOT overhang the base of the rack/pallet.

8.3.1.3.Maximum base dimensions for the grill/pallet 2.40m/1.60m.

8.3.2.Delivery to the recipient's address

8.3.2.1.Deliveries of outsized items and/or furniture with a single package weight exceeding 31.5 kg will be delivered to the exterior entrance door of the delivery address using mechanical loading/unloading equipment (a lorry with a tail lift). In cases where vehicle access to the address is not possible, the delivery will be made to the nearest accessible point in the presence of the recipient or an authorised representative of the recipient.

8.3.3.Delivery of shipments containing upholstered furniture – sofas, armchairs, garden furniture, mattresses, and similar items. are not transported with the network service of HONEST LOGISTICS. For this type of shipment, a price and the possibility of direct transport can only be offered after an explicit enquiry with the exact shipment parameters and delivery address.

8.3.4.All shipments without a T.R.O. marker are accepted / delivered solely by truck with a tail lift and mechanical loading/unloading.

8.3.5.The return of customer packaging is carried out using a handover report, with a 3 % (three per cent) defect rate permitted.

V. ACCESS CONDITIONS

9.The operator guarantees equal access for all users (clients) to the services it provides.

10.Parcels are accepted from the User's address or at the Operator's offices throughout the country.

11.The operator accepts shipments within their working hours. Information about working hours is displayed prominently at the Operator's offices or on their website.

12.The cargo services agreement is considered concluded upon completion of the consignment note and acceptance of the shipment by the Operator.

13.On handing over the consignment to the Operator's representative, the User accepts and agrees to the Operator's General Terms and Conditions.

14.The cargo services agreement is considered fulfilled upon the affixing of the Service User's signature in the designated field on the consignment note, delivery note, or other document confirming the fulfillment of the agreement.

VI. SERVICE QUALITY AND EFFICIENCY REQUIREMENTS

15.The operator undertakes to deliver each Shipment within the timeframes according to the chosen service.

16.The operator undertakes to deliver the shipments within the deadlines specified in clause 15, only if the details provided by the User in the consignment note for the Recipient's and Sender's name, address, and telephone number are complete, accurate, and correct.

17.The operator guarantees the confidentiality of the correspondence of users of cargo services, including data about senders, recipients, and the contents of shipments, both during and after the provision of the service, in accordance with the requirements of the General Data Protection Regulation (Regulation 2016/679 – GDPR) and the Personal Data Protection Act.

VII. CONDITIONS FOR ACCEPTANCE AND DELIVERY OF CARGO SHIPMENTS

18.Parcels are accepted within the Operator's designated working hours. By accepting the Parcel, the Operator undertakes to hand it over to the Recipient specified on the waybill.

19.When the Goods are handed over by the User to the Operator, all data in the consignment note shall be completed in accordance with the User's instructions. The Operator shall not be liable for the entry of inaccurate/incorrect or incomplete data in the consignment note provided by the User, who shall bear any additional costs incurred by the Operator.

20.The user must provide full and accurate details for the sender's and recipient's name, address, and telephone number.

21.By signing the consignment note, the User certifies the accuracy of the data entered, including the stated terms of delivery, payment, and the contents of the consignment.

22.The Sender is the controller of the Shipment until it is delivered to the Recipient.

23.Deliveries are handed over to the address specified on the waybill, collection and delivery note or any other document certifying the performance of the contract, or at the Operator's relevant office. Handover is carried out against signature.

24.Upon receipt of the Shipment, the User shall confirm their identity with an ID card or driver's license, and if they are an employee of a company, their position shall be stated.

25.Parcels are delivered to the person indicated by the sender on the consignment note upon presentation of an identity document and signing of the Operator's official documents.

25.1.If the Recipient is unable to accept the Shipment due to absence or another valid reason, the courier shall contact the Recipient and comply with their instructions. In the event that an additional visit to the address is required, the Recipient shall be liable for the payment thereof. If the Shipment is handed over to their legal representative or a full-aged family member (if the Recipient is an individual) or to another person present at the indicated address who has undertaken to hand it over to them to the Operator. In this case, the recipient of the shipment shall write their name(s) by hand, and the Operator shall verify the authenticity of the data from the identity document.

30.When the recipient refuses to accept the consignment, they shall confirm this in writing on a document provided by the Operator and sign it.

31.The Recipient's refusal to sign the document under point 30 shall be certified by an employee of the Operator.

32.Uncollected parcels, refused by the Recipient, will be returned to the Sender at their expense.

32.1.When the Operator cannot deliver a shipment because the Recipient refuses to pay for it, the Recipient is absent for a prolonged period or is unknown at the stated address, the Recipient has passed away, or due to other objective reasons, the Operator shall return the shipment at their own expense. The shipment will be returned with the Sender being liable for payment of the service in both directions.

33.Undelivered parcels due to an incorrectly provided address by the Customer (incorrect, incomplete, or non-existent) will be delivered according to the Customer's further instructions. In the event that the Customer does not provide further instructions to the Operator within 3 (three) working days, the latter will return the parcel at the Customer's expense. In both cases, the Customer pays for the service in both directions.

34.In the event of the Sender failing to provide further instructions regarding the delivery of the consignment, or in the event of being unable to contact the Sender or Recipient respectively, it shall be deemed that the consignment is unclaimed or undelivered respectively. Unclaimed or undelivered consignments shall be stored by the Operator for a further period of 14 days after the expiry of the period referred to in point 33, after which they shall become the property of the Operator. The Operator, in its capacity as owner, reserves the right to destroy the consignment.

35.The destruction of shipments is carried out by a protocol from a commission composed of three employees of the Operator, as follows:

35.1.Documentary consignments are cut by hand or by means of a specialised shredding machine.;

35.2.Items are disposed of appropriately.

37.For any consignment remaining at the Operator's office after the deadline in item 33 has expired, the Sender shall pay a storage fee.

VIII. PRICE TERMS AND PAYMENT METHOD

38.The Operator's valid offer at the time of acceptance of the shipment shall apply to the determination of the price of any service (including additional services).

39.The price of the cargo service is for one delivery attempt. The price of the cargo services (including additional services) is prepaid by the Users to the Operator's bank account as follows:

40.1.From the sender upon acceptance of the consignment, if it is at their expense;

40.2.From the recipient upon receipt of the consignment, if it is at their expense;

40.3.From a third party before receiving the shipment.

40.In an individual contract with a User, the Operator may agree to the payment for a service being made under different prices, deadlines, or other conditions.

41.Shipments that are both bulky and light are charged by volumetric weight at a ratio of: 1 cubic metre = 150 kg. Shipments are charged at the higher of the actual or volumetric weight. All shipments are weighed and measured in the Operator's warehouses. If a discrepancy is found between the declared weight and dimensions, the Operator will re-evaluate, and the User will owe the fee for the service corresponding to the actual established weight.

42.The User expressly consents that all documents, including invoices, may be received electronically to the email addresses provided in the order. The User undertakes to strictly monitor, as well as to electronically confirm receipt of all received documents and invoices within 7 days of their receipt. In the event that the User fails to send confirmation within the specified period, it shall be deemed that the corresponding document or invoice has been duly received.

IX. RIGHTS AND OBLIGATIONS OF USERS AND THE OPERATOR

46.Users have the following rights:

46.1.The right to access the services provided by the Operator;

46.2.To receive full information about the features and parameters of the services offered by the Operator;

46.3.To receive a service according to the current General Terms and Conditions;

46.4.To use preferences based on a concluded individual contract;

46.5.To insure the shipment for its declared value according to the type and content of the goods;

46.6.To submit applications and make complaints to the Operator and the Commission for Consumer Protection;

46.7.To receive compensation for damages caused by the Operator, in accordance with these General Terms and Conditions and applicable law;

46.8.To have the shipment returned upon the Recipient's refusal, in accordance with the current General Terms and Conditions.

46.9.A user who has registered on the Operator's website to use its electronic system (self-service module) is informed and accepts that the Operator has the right to send messages and emails to its customers for the purposes of direct marketing and advertising of its own services. The user has the right at any time to express disagreement with future receipt of similar messages by clicking on the unsubscribe button in the email itself, which is part of the mass emailing platform used by the Operator.

47.Users have the following obligations:

47.1.To hand over the shipment in a condition and packaging that meets the requirements for safe transport;

47.2.To provide instructions for filling out the consignment note;

47.3.To verify their identity with a personal identity card or driving licence;

47.4.To provide loading and/or unloading equipment and/or labour for loading and/or unloading the consignment, to or from the Operator's vehicles;

47.5.Ensure that the shipment does not contain items and substances prohibited by law;

47.6.To pay the value of the service provided (including any additional services), according to the Operator's offer or the remuneration agreed in an individual contract;

47.7.To compensate the Operator for losses incurred by them arising from incorrect or incomplete data declared by you, insufficient or inadequate shipment packaging, documents, declarations or other information not provided or provided late, as well as from failure to pay the service fee on time. Liability shall be limited to the extent of the losses incurred by the Operator.;

47.8.The Operator shall be compensated for damages caused by consignments submitted by them to the Operator's property/employees, or to other consignments transported by the Operator, for reasons attributable to the User, in accordance with these General Terms and Conditions and applicable legislation. Liability shall be limited to the damages incurred by the Operator, and in cases of damage to other consignments, to the amount of compensation paid by the Operator.

48.The operator has the following rights:

48.1.The consignment must be in a suitable condition and packaged in a way that allows for its proper and safe transportation. In the event that the consignment is accepted for transport by the Operator, it is deemed to be appropriately packaged. If the Operator ascertains unsuitable packaging, they may accept and transport it, following written confirmation from the User. In this case, the Operator bears no responsibility and does not consider claims for any damages incurred.;

48.2.Not to accept shipments that do not comply with the requirements of these Terms and Conditions and that threaten the integrity and contents of other shipments;

48.3.To repack or re-pack shipments whose integrity has been compromised in order to preserve their contents, at the User's expense;

48.4.To organise the provision of services in a manner and by means of its own choosing, including using other couriers;

48.5.To receive the agreed remuneration for the provision of the relevant service in due time;

48.6.For compensation from users for damages caused;

48.7.To enter a note on the consignment note upon acceptance of a shipment if they observe any violations regarding its packaging, type, etc.

48.8.To draw up a report of findings in the event of damage to a consignment being discovered at the time of its delivery;

48.9.To determine and collect additional charges for parcel handling or other charges arising from specific acceptance or delivery conditions, and to provide discounts.

49.The operator has the following duties:

49.1.To place the General Terms and Conditions in a visible and accessible place in my offices, on my website, and to provide them free of charge to users upon request;

49.2.To provide all users with equal access to services;

49.3.To comply with the announced service provision parameters;

49.4.To compensate the Users, in accordance with these General Terms and Conditions, for any damages suffered.

X. PROHIBITED ITEMS AND SUBSTANCES FOR TRANSPORT

50.The sender has no right to place substances and objects that are prohibited by law and international acts to which the Republic of Bulgaria is a party in the shipments handed over to the Operator.

51.The following items and substances are prohibited in the practice areas:

51.1.Narcotic, stupefying, psychotropic and poisonous substances;

51.2.Weapons, explosives, incendiary or other dangerous substances and articles;

51.3.Indecent or morally objectionable items;

51.4.Items and substances which, by their nature or packing, are dangerous to the life or health of postal workers or other persons, or which may contaminate or damage other mail or postal premises;

51.5.Religious materials from sects and organisations that are banned or unregistered in the country;

51.6.Movable cultural monuments for which no permit or certificate has been issued.

51.7.Items and substances prohibited for carriage, in accordance with the requirements of the ADSS Act and the ADSS Implementing Regulations.

52.In case of suspicion of prohibited items or substances being placed in Packages, the Operator, upon their receipt, requires the Sender's consent for an inspection to be carried out. If the Sender refuses, the Package will not be accepted.

53.When there are sufficient grounds to believe that an accepted shipment contains prohibited items or substances, the Operator requires written consent from the Sender or Recipient for its opening. In case of refusal or lack of response, the Operator notifies the prosecutor's office.

XI. CLAIMS AND COMPENSATION PROCEDURE

54.The user of cargo services has the right to lodge a written complaint in the following cases:

54.1.In case of loss or destruction of the consignment;

54.2.In case of complete or partial damage to the consignment;

54.3.If the delivery deadline for the shipment is not met;

55.In cases under point 54.1, a consignment shall be considered lost from the thirtieth day after the expiry of the agreed delivery period stated in the order, or if no such period was agreed, from the sixtieth day from the date the cargo was accepted for carriage by the carrier. A consignment shall be considered destroyed in cases where it is completely damaged and unfit for use according to its intended purpose, as documented by a loss adjuster.

56.In cases under clause 54.2, upon receipt of the shipment, the User must check its contents at the time of receipt and in the presence of the courier. In the event that damage to the contents of the shipment is found, an official report shall be drawn up in two identical copies, and a note shall be made on the relevant delivery document, which shall be signed by the User and the Operator's representative. A claim for a damaged shipment shall be filed by the User for cargo services within 21 (twenty-one) working days from the date of delivery of the shipment.

57.In cases of hidden shortages and damages not identified during the physical delivery of the shipment, the Recipient has the right to lodge a complaint in writing within 7 working days of receiving the shipment. The claim must be substantiated by type and amount and accompanied by a report from an independent goods inspection and supporting documents.

58.In cases under point 54.3, if the Consignor has provided an incomplete and/or inaccurate address, including the telephone number for contact with the Recipient and/or the Consignor, the Operator is not bound by the previously announced delivery deadline for the consignment.

59.Within the deadlines in points 56 and 57, the User shall present all evidence proving the damages incurred, depending on the event.

60.The Operator shall consider claims submitted in accordance with clause 54 et seq. as duly submitted when all sums owed to the Operator for services rendered have been paid without deferral or set-off related to the acceptance, carriage, and delivery of the Shipment, and when the necessary documents proving the grounds and value of the incurred damages have been provided to the Operator.

61.The period for examining and responding to any regularly filed and completed claim is 30 days for domestic and international shipments, starting from the date of submission of all necessary documents establishing the claim in terms of grounds, type, and amount. In the case of incomplete data submitted in the claim, the period is extended by the time required to clarify the missing information.

62.The period for paying compensation, if the lodged claim is deemed valid, is 30 days from the date of the Operator's official response.

63.The time limit under point 61 is interrupted by the commencement of legal proceedings against the Operator concerning the damages caused.

64.1.It is presumed that the consignment was delivered in the condition in which it was handed over to the Operator by the Sender, unless the Recipient makes a written objection and note on the consignment note regarding its packaging and/or contents.

64.2.The objection is valid if it is made at the time of accepting the shipment and is noted in the delivery record / consignment note and/or a joint report for visible full and/or partial damage.

64.3.The damage caused shall be proven by documents from the relevant officials, certifying the condition of the consignment (e.g., a report on missing/damaged contents drawn up upon delivery of the consignment by the Operator's employee in the presence of the User, a report from an emergency commissioner, acceptance and transfer reports, waybills, law enforcement agencies).

64.4.Claims for damages will be considered by the Operator only if the requirements of clauses 64.2 and 64.3 are met, and if the contents and original packaging of the shipment are available and the Operator can verify their condition.

65.In the event of unforeseen circumstances arising during cross-border transport, such as customs formalities, payment of duties and customs fees, and other matters related to the customs regulations of the destination country, the delivery period will be extended by the number of days the shipment was held by the customs authorities.

XII. OPERATOR'S LIABILITY

66.Upon a rightful claim submitted by the entitled party for damaged, destroyed or lost consignment, the Operator shall pay compensation in the following amounts:

67.For shipments without additional cargo insurance:

67.1.For domestic cargo shipments – in accordance with the Road Transport Act.

67.2.For international cargo shipments – in accordance with the CMR Convention.

68.For shipments with additional cargo insurance, the Operator's liability for the acceptance, carriage, and delivery of shipments (regardless of the service) is compensated as follows:

68.1.When transporting, the risks are covered according to Institute Cargo Clauses /A/ 01.01.09;

68.2.Upon import and transport within Bulgaria – “All Risks” clauses (A)-1.1.87, including “from consignor's warehouse to consignee's warehouse”;

68.3.Under an insurance policy, risks can be covered according to Institute Cargo Clauses /A/ 1.1.09 or Institute Cargo Clauses /C/ 1.1.09 for export, as well as Clauses “Limited Cover” (B) 1.1.87 and Clauses “Minimum Cover” /C/ 1.1.87 for import and carriage within Bulgaria, and additional coverages and other clauses may also apply;

68.4.With regard to used consignments and personal effects, insurance is provided under the “Minimum cover” /C/ or “Limited cover” /B/ Clauses with additional cover under the "Theft, Pilferage and Non-Delivery" (TPND) Clause.

68.5.To verify the actual value of the damage, the entitled party shall submit the necessary documents – invoices, customs declarations and other appropriate written evidence, depending on the nature of the shipment.

69.Following a justified complaint by the User regarding a missed delivery deadline, the Operator shall owe compensation in the following amounts:

69.1.For domestic and international cargo shipments, Customers shall pay the value of the service actually performed, instead of the one requested.

69.2.In the event of failure to meet the agreed delivery deadlines by more than 2 (two) working days (for a delivery deadline of 1 working day, the end of the next working day is considered), the Operator shall owe compensation as follows:

69.2.1For domestic cargo shipments, a daily penalty of 10% of the value of the service ordered, but not exceeding 20%.

69.2.2for international cargo shipments, a daily penalty of 2 % of the value of the service ordered, but not exceeding 50 ewro.

69.2.3The Operator's liability for delayed delivery of shipments where total damage has been established (total loss) is in accordance with clause 66 et seq. of these General Terms and Conditions.

70.The Operator shall not be liable for any damages and lost profits (including, but not limited to, unrealised revenue and profits, loss of markets, reputation, etc.) caused in connection with the loss, damage, delay, incorrect (erroneous) delivery or non-delivery of a shipment to the Sender, due to reasons for which the Operator is not responsible, as per item 71.

71.The operator shall not be liable for any shipment or part (parts) thereof, lost, damaged, delayed, misdelivered or undelivered as a result of:

71.1.Reasons and/or circumstances for which he is not liable, such as:

71.1.1Natural disasters including earthquakes, cyclones, storms, floods, fires, epidemics, fogs, snowfalls or ice.;

71.1.2Force majeure circumstances including war, disasters, acts of terrorism, strikes, embargoes, air hazards, local conflicts or civil unrest;

71.1.3National or local destruction of the transport network, mechanical problems with types of transport or infrastructure.;

71.1.4Latent defects or inherent flaws in the content of the consignment, as well as its nature;

71.1.5All losses and damages caused by delivery delays; loss of markets or other consequences and indirect losses of any kind or nature.

71.1.6Cases where losses have arisen as a result of the User's breach of their obligations under clause 47 of these General Terms and Conditions;

71.1.7Loss and damage to a shipment containing second-hand goods.;

71.1.8Inappropriate and insufficient packaging of the shipment.;

71.1.9An intentional act or omission by the User – sender and/or recipient;

71.1.10Acts or omissions on the part of the Sender, as well as those of a third party, including in respect of uncollected consignments within the time limit specified in clause 34 of these General Terms and Conditions.

XIII. DISPUTE RESOLUTION PROCEDURE AND OTHER TERMS

72.The Parties shall resolve any disputes arising from the performance of this Agreement through understanding and mutual concessions.

73.If agreement cannot be reached, either party may seek assistance from the KRS or refer the dispute for resolution to the competent Bulgarian court.

74.For matters not regulated in these General Terms and Conditions, the provisions of the legislation in force in the Republic of Bulgaria shall apply, including the provisions of the Postal Services Act, the Road Transport Act, the Convention on the Contract for the International Carriage of Goods by Road (CMR).

These General Terms and Conditions are effective from ………….