Terms and Conditions

1. Company identification

2. Scope and intended users

These Terms are primarily intended for commercial relationships with companies, business owners, professionals, consignors, consignees and other entities requesting transport or logistics services.

Where an operation is subject to mandatory law, an international convention, a consignment note, bill of lading, air waybill or mandatory terms of an actual carrier, those rules prevail over any incompatible provision of these Terms.

3. Services

Depending on the applicable quotation, HFL Cargo may analyse, organise, contract, coordinate or monitor:

The availability of each service depends on the route, cargo, resources, documentation, partners and applicable technical or legal requirements.

4. Role of HFL Cargo

As indicated in the quotation or operational documentation, HFL Cargo may act:

• as a contractual carrier;
• as the organiser or coordinator of transport;
• as an intermediary in the engagement of carriers;
• as a provider of complementary logistics services.

The identity of the actual carrier and that provider's specific conditions may be stated in the quotation, confirmation, consignment note or other operational document.

5. Quotation requests

Requests submitted through the website are requests for assessment and do not constitute an automatic booking or contract.

To prepare a quotation, the following information may be requested:

• origin, destination and requested dates;
• an accurate description of the goods;
• number of packages, weight and dimensions;
• commercial value and type of packaging;
• ADR classification, where applicable;
• required temperature and tolerances;
• equipment required for loading and unloading;
• customs documents, licences or certificates;
• access restrictions, schedules and special instructions.

A quotation based on incomplete, inaccurate or subsequently changed information may be revised or withdrawn.

6. Formation and confirmation of the contract

The contract is considered formed only when HFL Cargo has expressly confirmed it by email, commercial document, platform or other written means and the conditions stated in that confirmation have been met.

Confirmation may be subject to:

• availability of vehicle, space or equipment;
• validation of the goods and documentation;
• acceptance of prices, deadlines and payment terms;
• credit verification or advance payment;
• acceptance by the actual carrier;
• obtaining the necessary licences or authorisations.

The quotation is valid for the period stated in it. If no validity period is specified, it may be revised until the service has been confirmed in writing.

7. Customer's duty to provide information

The customer is responsible for the accuracy, completeness and timely provision of the information supplied.

You must disclose in advance any circumstance that may affect safety, legality, price or performance, including:

• dangerous, perishable, fragile or valuable nature of the cargo;
• unusual weight or dimensions;
• need for temperature control;
• stacking, tilting or handling restrictions;
• health, phytosanitary or customs requirements;
• need for escort, crane, lifting platform or other equipment;
• traffic or access restrictions;
• critical deadlines or specific consequences of delay.

The customer is responsible for costs and damage resulting from omissions, false statements or insufficient information, without prejudice to mandatory legal provisions.

8. Prices and additional costs

Unless otherwise stated, prices may be calculated on the basis of the information provided and do not include costs that could not reasonably have been foreseen at the time of the quotation.

The following may be charged separately, where applicable:

• VAT and other taxes;
• tolls, ferry charges and road-use fees;
• port, airport or terminal charges;
• customs costs, inspections and storage;
• fuel or security surcharges;
• waiting time, layover or immobilisation charges;
• second collection or delivery attempts;
• changes to the route or instructions;
• special loading, unloading or securing equipment;
• return, destruction or treatment of the goods;
• costs resulting from incorrect data or missing documentation.

9. Invoicing and payment

Prices, currency, payment term and payment method are stated in the quotation, invoice or commercial agreement.

HFL Cargo may require advance payment, a deposit, a guarantee or credit approval before the operation begins.

Late payment may result in:

• late-payment interest and legally permitted charges;
• suspension of pending services;
• cancellation of credit terms;
• immediate payment of overdue amounts;
• reasonable collection costs.

Submitting a claim does not automatically suspend the obligation to pay for services already provided, unless otherwise agreed in writing or required by mandatory law.

10. Cancellations and changes

The customer must communicate in writing any cancellation or change to dates, route, cargo or instructions.

Depending on the stage of the operation, the following may be charged:

• costs already incurred or non-recoverable;
• empty running or vehicle mobilisation;
• sea or air freight space bookings;
• penalties charged by third parties;
• storage, handling or documentation;
• time and resources specifically contracted.

A material change may require a new quotation.

11. Loading and unloading operations

Responsibility for loading, unloading, stowage, counting, securing or sealing shall be determined by the applicable law, the contracted service and the terms of the quotation.

The customer must ensure:

• safe and lawful access to the premises;
• appropriate personnel and equipment, where these are the client's responsibility;
• goods ready at the agreed time;
• compliance with weight limits and load distribution;
• clear instructions and safe operating conditions;
• signature and validation of the operational documentation.

The driver or operator may refuse operations presenting an obvious risk, illegality, excess weight or unsuitable conditions.

12. Waiting times and vehicle immobilisation

Free periods and charges for waiting time, stay, demurrage, detention or immobilisation may vary depending on the mode of transport and will be those stated in the quotation or applied by the actual service provider.

Once the included period has been exceeded, additional charges may be invoiced, except where the delay is exclusively attributable to HFL Cargo or the carrier under applicable law.

13. Packaging, marking and securing

Unless expressly agreed otherwise, the shipper is responsible for ensuring packaging and preparation suitable for the nature of the goods, the route, any transhipments and the mode of transport.

Packages must be:

• protected against impacts, vibration and foreseeable conditions;
• properly closed, identified and labelled;
• suitable for mechanical handling where necessary;
• in compliance with ADR, IATA, maritime or other applicable rules;
• accompanied by visible instructions for special cargo.

Apparent acceptance of the goods does not constitute certification that the internal packaging is suitable.

14. Prohibited or restricted goods

The following must not be handed over without express acceptance:

• illegal, counterfeit or goods of unverified origin;
• weapons, explosives or ammunition;
• undeclared dangerous substances;
• waste subject to special authorisations;
• live animals;
• human remains or regulated biological material;
• cash, securities, jewellery or precious metals;
• works of art or goods of exceptional value;
• embargoed goods or goods subject to sanctions;
• products whose import, export or transport is prohibited.

HFL Cargo may refuse or suspend an operation where there are reasonable doubts regarding its legality, safety, documentation or the true nature of the cargo.

15. Dangerous goods — ADR

Dangerous goods may only be accepted after prior assessment and express authorisation.

The consignor must provide, before collection:

• UN number and proper shipping name;
• class, packing group and classification code;
• quantity and type of packaging;
• documents, declarations and instructions required by law;
• information on exemptions or special regimes invoked;
• correct marking, labelling and documentation.

Failure to disclose the dangerous nature of the goods may result in refusal, unloading, neutralisation, storage or other measures required for safety, with the related costs charged to the responsible party in accordance with the law.

16. Temperature-controlled transport

For refrigerated, frozen or temperature-sensitive goods, the customer must specify in writing:

• transport temperature and permitted tolerance;
• temperature of the goods at the time of loading;
• need for pre-cooling;
• ventilation, humidity or air circulation requirements;
• loading, unloading and door-opening procedures;
• validity, traceability and any other applicable requirements.

Transport equipment does not replace proper pre-cooling of the goods unless expressly agreed otherwise.

17. Road transport

Domestic road transport is subject to the Portuguese legal regime applicable to contracts for the carriage of goods by road and to loading and unloading operations.

International road transport may be subject to the Convention on the Contract for the International Carriage of Goods by Road — CMR — where its conditions apply.

The consignment note, reservations, limits, exclusions, time limits and liability rules shall be those established by the applicable legislation and mandatory conventions.

18. Sea transport

Sea transport operations may be subject to:

• the bill of lading or sea waybill;
• the shipping line's terms and conditions;
• the rules of the port, terminal or agent;
• documentary and physical cut-offs;
• demurrage, detention and storage charges;
• legal or contractual limitations of liability.

Departure and arrival dates are estimates unless expressly guaranteed in writing. Vessel rotations, transhipments, congestion, sea conditions and carrier decisions may alter the schedule.

The customer must check the suitability of the container and report any apparent defect before loading.

19. Air transport

Air transport may be subject to the air waybill, the carrier's conditions, airport security rules and applicable international conventions, including the Montreal Convention where its conditions apply.

Acceptance depends on:

• available space and capacity;
• dimensions and weight compatible with the aircraft;
• security checks;
• correct documentation;
• restrictions relating to batteries, dangerous goods or perishables;
• the airline's terms and conditions.

Flight schedules and connections may be changed by the air carrier or the authorities.

20. Multimodal transport

Where several modes of transport are used, each segment may be subject to the corresponding legal or conventional regime and to the terms of the relevant operator.

Where it is not possible to determine the segment in which the damage occurred, the legally applicable rules and the terms of the contract entered into will apply.

21. Customs, licences and documentation

The customer is responsible for providing, within the required timeframe:

• commercial invoices and packing lists;
• tariff classification and origin of the goods;
• licences, certificates and authorisations;
• exporter, importer and consignee details;
• information required to comply with sanctions and controls;
• complete and accurate customs instructions.

Customs duties, taxes, inspections, storage, fines and costs arising from incorrect documentation shall be borne by the responsible party, unless they result solely from an error attributable to HFL Cargo.

22. Subcontracting and use of partners

HFL Cargo may use carriers, agents, shipping lines, airlines, warehouses, customs brokers and other qualified service providers.

The use of third parties does not alter rights arising from mandatory rules, although certain segments may be subject to the operational conditions and legally applicable limitations of the actual service provider.

23. Delivery, reservations and impediments

The consignee must be available, ensure access and confirm receipt of the goods.

When delivery is not possible, HFL Cargo or the carrier may request instructions and take reasonable measures, including:

• store the goods;
• make another delivery attempt;
• return the goods to origin;
• deliver to an authorised alternative location;
• take urgent measures for perishable or dangerous goods.

The associated costs shall be borne by the party responsible for the impediment, without prejudice to applicable law.

24. Liability

Liability for loss, damage, delay or non-performance shall be determined by:

• by the role assumed by HFL Cargo;
• by the mode and segment of transport;
• by applicable national legislation;
• by mandatory international conventions;
• by the consignment note or transport document;
• by the conditions expressly accepted in the quotation.

These Terms are not intended to exclude or limit liability where such exclusion or limitation is prohibited by law.

Unless mandatory law provides otherwise, indirect losses, loss of opportunity, loss of market, loss of profits or consequential damages that were not expressly disclosed and accepted before contracting will not be compensable.

The customer must declare in advance any special interest in delivery or higher value where protection beyond the normal limits is required and where such declaration is legally permitted and accepted in writing.

25. Cargo insurance

The carrier's liability insurance does not necessarily amount to cargo insurance for the full commercial value.

Where the customer requires specific cargo insurance, it must be requested before the operation begins and the following information must be provided:

• actual value and currency;
• nature of the cargo;
• packaging and route;
• invoice or supporting document;
• special risks to be covered.

Coverage only exists after express confirmation by the insurer or HFL Cargo and acceptance of the applicable premium and conditions.

26. Reservations, damage and claims

The consignee should, where possible, check the condition, quantity and sealing of the goods at the time of delivery.

Apparent loss or damage must be specifically recorded on the transport document or proof of delivery. General statements such as “subject to inspection” may be insufficient.

Non-apparent damage, delays and other claims must be reported in writing within the time limits provided by law, convention, transport document or applicable conditions.

The claim must include, where applicable:

• operation reference;
• consignment note or transport document;
• invoices and proof of value;
• photographs of the packaging and goods;
• substantiated assessment of the loss;
• reservations noted upon delivery;
• reports, certificates or relevant documents.

The goods and packaging must be preserved for inspection while the claim is under review, unless otherwise instructed or in the event of a duly documented urgent need.

27. Force majeure and circumstances beyond control

Neither party shall be liable for non-performance caused by an unforeseeable or unavoidable event beyond its reasonable control, to the extent permitted by applicable law.

These may include:

• natural disasters and severe weather conditions;
• fire, flood, epidemic or public emergency;
• war, terrorism, riots or sanctions;
• general strikes, blockades or border closures;
• port, airport or road disruptions;
• acts of authorities, seizures or inspections;
• widespread power or communications failures;
• exceptional congestion or infrastructure unavailability.

The affected party shall seek to communicate the situation and take reasonable measures to mitigate its effects.

28. Right of retention and suspension

Within the limits permitted by law, HFL Cargo or the competent service provider may exercise rights of retention, suspension or refusal of delivery in relation to overdue amounts, operational costs or legal and safety risks.

The exercise of these rights is without prejudice to other legal or contractual means of collection and protection.

29. Personal data protection

The personal data required for quotation preparation, contracting, coordination, invoicing and legal compliance are processed in accordance with the Privacy Policy .

A customer providing contact data relating to consignors, consignees, employees or third parties must ensure that they are authorised to do so and that the necessary information is provided to those individuals.

30. Use of the website

The user undertakes not to:

• use the website for unlawful or fraudulent purposes;
• introduce malicious code or attempt to bypass security;
• access areas, accounts or data without authorisation;
• submit false information or third-party information without lawful basis;
• copy or exploit content in breach of applicable rights;
• impair the availability or integrity of the systems.

HFL Cargo may suspend access, remove content or report matters to the authorities where there is a reasonable suspicion of abuse or unlawful activity.

The public information on the website is general in nature and may be updated without notice. It does not replace a specific quotation.

31. Intellectual property

Unless otherwise stated, the texts, design, logos, graphic elements and structure of the website belong to HFL Cargo or are used with permission.

Reproduction, adaptation or commercial exploitation is not permitted without written authorisation, except where permitted by law.

32. Electronic communications

The parties accept the use of email, the portal and other electronic means for quotations, instructions, confirmations and documents, unless the law requires a different form.

The customer must keep contact details up to date and check messages related to ongoing operations.

33. Severability

If any provision is found to be invalid, unlawful or unenforceable, the remaining provisions shall remain in force to the fullest extent permitted.

The affected provision shall be interpreted or replaced in a manner that lawfully comes as close as possible to its original purpose.

34. Changes to the Terms

These Terms may be updated to reflect legal, commercial, technical or operational changes.

As a rule, the version applicable to a service will be the version incorporated or made available when the operation was confirmed, without prejudice to mandatory legal changes.

35. Governing law and dispute resolution

Without prejudice to mandatory rules, international conventions and jurisdiction rules applicable to transport, these Terms are governed by Portuguese law.

The parties shall seek to resolve any dispute in good faith through communication and negotiation.

Where it is legally permissible to agree on jurisdiction, the courts of the Porto judicial district shall have jurisdiction, without prejudice to any mandatory forum or jurisdiction established by international convention.

36. Contacts

• Email: comercial@hflcargo.com
• Portugal: +351 912 783 784*
• Spain: +34 689 886 742
• Address: Avenida da Boavista, nº 1180, 2º andar-C, Lordelo do Ouro e Massarelos, 4100-113 Porto.