TERMS AND CONDITIONS
[Last Updated: 02/01/2020]
Access Car Transport Limited (C76107), duly registered under Maltese law with company registration number C76107, hereinafter referred to as ‘the Company’ in connection with or arising out of the Company’s commercial activities and business shall be subject to the following terms and conditions unless otherwise agreed to or stated by the Company in writing. These terms and conditions also regulate the Company’s exclusion and/or limitation of liability. Our registered office is at 21/22 St Barbara Bastion, Valletta. Our email address is info@accesscartransport.com.
These Terms and Conditions apply to the access to and use of the Site, and to any correspondence between you and us. Please read these terms carefully before using the site. Using the Site indicates that you accept the Terms regardless of whether or not you choose to become a Member. If you do not accept the General Conditions, do not use the Site.
We may revise the Conditions at any time by updating this posting. You should check the Site from time to time to review the current version of the Conditions because they are binding on you. Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Site.
Any rights not expressly granted in these terms are reserved.
Definitions
‘Authority’ means Transport Malta;
‘Company’, ‘We’ or ‘Us’ means Access Car Transport & Access Car Transport Limited;
‘Customer’ or ‘You’ means a person who has requested a Job or a Quotation for a job;
‘Date of Issue’ means the date included on the Quotation or the date of the job requested;
‘Job’ means the Service requested by the Customer through the Site, by email, over the telephone or via Facebook or via any other method of communication;
‘Non-runner’ means any vehicle that cannot be transported using its own engine power;
‘Quotation’ means an estimated value of the cost of the Service;
‘Service’ means the transportation of a vehicle from one previously determined point to another, or any other service requested;
‘Site’ means www.accesscartransport.com ;
‘Transaction’ means the agreement entered into between the Company and a Customer for the performance of a Job; and
‘Transport Provider’ means the Company who has submitted a quotation in respect of a Job.
1. Our Quotations
1.1.Our quotation, unless otherwise stated, does not NOT include insurance, cancellation/postponement waivers, customs duties, inspections, or any fees, or taxes payable to government bodies or agencies.
1.2.Our quotation is valid for thirty (30) days from the Date of Issue. Unless already included in our quotation, additional charges may apply in the following circumstances:
1.2.1.If the service does not commence within thirty days of acceptance;
1.2.2.If the vehicle being transported is modified or different to that we have mentioned in the quote;
1.2.3.Difficulty in collection of vehicle that was not previously disclosed to us;
1.2.4.Storage charges at our facility if vehicle is not collected within seven (7) days of its arrival in Malta.
2. Payment
2.1All pricing on our quotations are in Euro.
2.2.Unless otherwise agreed, we take 100% of payment prior to collection of vehicle in Malta.
2.3.In the case of any international fees added to your transfer, these would require settlement before the release of the vehicle.
2.4.In case of late payment, we reserve the right to withhold your vehicle and/or impose storage charges until such payment is affected.
3. Transport and Collection of Vehicle
3.1.Where we engage an international transport operator to convey your vehicle to the place, port, depot or airport of destination, we do so on your behalf and subject to the terms and conditions set out by that carrier.
3.2.We hold no liability for any costs associated with any delays in collecting the vehicle e.g. storage charges, hire car costs, auction house costs.
3.3.We hold no liability for any mechanical checks or defects that have not been previously noted at collection.
3.4.We hold no liability for any damage to vehicle interiors.
3.5.We hold no liability for any parts, parcels, or personal effects shipped within the vehicle.
3.6.We do not insure or hold any liability for any items collected by the transport operator unless specifically set up in writing prior to collection taking place.
3.7.We require any original documents to be mailed to our office address rather than handed to the driver.
3.8.We hold no liability for missing keys or documents handed to any transport operators.
3.9.We reserve the right to increase our quote or estimate if the vehicle is a non-runner and we have not been previously advised of this in writing.
3.10. Collection and transport will be by trade plate and/or on truck unless specifically quoted upfront or in writing.
3.11.We hold no liability for damage, theft or dirtying caused by weather if open transportation has been used if we were not implicitly instructed to use enclosed transport in writing prior to collection.
3.12.We do not hold any liability for any damage, mechanical defect, lien, title / registration missing, incorrect or non-expected date on title / registration or legal status of the vehicle that is already on the vehicle prior to shipping.
3.13.In the case of electric vehicles, the vehicle will be collected by a truck and then placed onto the truck that will transport it to its destination, it will not be driven by the Transport Provider.
4. Loading and Customs Clearance
4.1.Your vehicle will be loaded by operatives that we instruct to do so on your behalf and so subject to the terms and conditions set out by them.
4.2.We do not hold any liability for damage caused by poor lashing/strapping/loading.
4.3.We reserve the right to increase our costs if vehicle is not as described, not in original state or condition and/or different to as be expected for a vehicle of that year/make/model.
4.4.We hold no liability for vehicles with excessive rot or damage caused by strapping to parts of the car which should reasonably be able to withhold a strap.
4.5.We do not hold any liability for illegal substances being shipped in the vehicle.
4.6.We do not hold any liability for items which are left inside the vehicle. Vehicles shall be empty of any personal belongings.
4.7.Sometimes customs will stop a vehicle / container being loaded and it has to be delivered back to quayside and subsequent storage applies, we do not hold any liability for these charges and will add them to our quotation.
4.8.Without a valid original title your car will not be able to be exported. Storage charges are applied at many foreign ports if original documents are not received within 14 days.
4.9.We do not hold any liability for ensuring your title gets to our offices in country of export.
5. Shipping
5.1.All Business is transacted in accordance with industry standards.
5.2.We do not hold any liability for items left in the car.
5.3.We make all reasonable judgement as an experienced vehicle shipper to use only quality shipping providers in terms of loading, shipping and unloading vehicles, we do so on your behalf and subject to the terms and conditions set out by that shipper.
5.4.Other than as a result of our negligence or breach of contract we will not be liable for any loss, damage or failure to produce the goods as a result of:
5.4.1.Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods;
5.4.2.Damage caused to the vehicle by items shipped within the vehicle;
5.4.3.Moth or vermin or similar infestation; and/or
5.4.4.For any goods which have a pre-existing defect or are inherently defective.
5.5.We do not hold any liability for the following damages: windscreen cracks, light scratches and seamless dents.
5.6.The Company shall also enjoy the benefit of every right, defence, and limitation, which may be raised by any other Carrier carrying out any particular leg or part of a voyage or multi-modal carriage, whether sub-contracted by the Company or otherwise;
Provided that this clause shall only apply where the event causing damage takes place when the vehicle being transported, is in the possession of, or under the control and custody of that other Carrier. For the avoidance of doubt, the Company may rely on all such rights, defences and limitation when any claim is brought against us by any Customer.
6. Unloading, Destination Port and Destination Customs
6.1.Once you are collecting your vehicle from the port, any damage must be made aware to us prior to leaving the port. in order to be able to claim on insurance.
6.2.The ports charge a daily storage of €7.49 per day, this is chargeable following six (6) days of the vehicle being unloaded. We will not be liable for any storage charges caused by delays in collecting your vehicle or customs clearance outside of our control.
6.3.We hold no liability if your vehicle is refused entry into the destination port.
6.4.It is your responsibility to ensure dates on all documents handed to customs are correct. We hold no liability for additional taxes, charges or duties due because of these errors.
6.5.Removing vehicle from the Maltese port and/or any of our warehouses without informing us of any issues prior to leaving the said port and/or warehouse or without subjecting the vehicle to a joint survey before leaving same, implies that you are happy with the condition of the vehicle and no further claims can be made.
7. Termination
7.1.If for any reason our service is cancelled the following fees apply:
7.1.1.Cancelled up to 2 working days before shipping/transportation/collection arranged: full refund
7.1.2.Cancelled after the lapse of 2 days: No refund
7.1.3.Cancelled after vehicle has been booked for departure: No refund
7.1.4.Cancellation after any additional services will require full payment of import service.
7.1.5.For event transportation we require fourteen (14) days’ notice prior to event start of notice of cancellation for our services otherwise no refund can be given.
7.2.In the event that the Company is responsible for the cancellation of the service, a new date will be provided to the Customer within five (5) working days of such cancellation.
7.2.1.We offer no refunds due to delays outside of our control, such as, but not limited to, any strikes, shipping delays, congestion in the ports, traffic on the highways, weather, force majeure etc.
7.3. Due to the fact that we do not accept jobs for the transportation of cars that are non-runners, should the vehicle we have been tasked with transporting be a non-runner, the full fee will be due to us even though the non-runner has not been transported and delivered to the destination.
8. General Timescales and Additions
8.1.We do not guarantee any delivery times, we always aim to have your vehicle at your requested destination as soon as possible and so do not hold any liability for delays nor any costs associated with any delays.
8.2.We shall not be liable for delays or failures to provide the services under this agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
8.3.Any complaint with respect to any services carried out by us must be restricted to communications with us only. We will not be liable for resolving any mistakes, issues or problems unless all correspondence remains with us.
8.4.No employee of ours shall be separately liable to you for any loss, damage, mis- delivery, errors or omissions under the terms of this Agreement.
9. Limitation
9.1.Unless otherwise expressly stated in a Quotation, or unless due to our own fraud, negligence, or failure to fulfil a fundamental obligation in the contract, we will only ever be held liable to any claim with a maximum claim amount of the value of our quotation that you have accepted.
10. Indemnification
10.1.The Customer shall indemnify and keep indemnified the Company against injury (including death) to any persons or loss of or any property which may arise out of the act, default or negligence of the Customer, his employees or agents in connection with this Agreement and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto except to the extent resulting from any act, default or negligence on the part of the Company, the Company’s employees or contractors.
11. Insurance
11.1.Any insurance policy obtained by the Customer shall be solely the responsibility of and at the sole risk of the said Customer. The Company has a right to demand from the Customer, who obliges itself to procure to the Company upon such request, a copy of any insurance policy which it may obtained in relation to cover any carriage quoted for by the Company.
11.2.Any information furnished by the Company to the Customer is solely to provide the Customer with general guidance. It may not be relied upon by any third party, including but not limited to any insurer of the Customer, without the prior approval of the Company.
12. Data Protection & Confidentiality
12.1.We will be required to process your personal data in order to provide you with the requested services or information. Personal data shall be processed in line, and in full compliance with Regulation 2016/679 (GDPR) and in line with our Privacy Policy.
13. Governing Law and Jurisdiction
13.1.This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of Malta.
13.2. The Parties hereby submit to the exclusive jurisdiction of the Maltese Courts.
14. Miscellaneous
14.1.The headings related to each clause and schedule contained herein shall not affect the interpretation of this Agreement.
14.2.A person includes a natural person, corporate or unincorporated body, whether or not having separate legal personality.
14.3.Unless the context otherwise requires, a reference to one gender shall include reference to the other genders.
14.4.This Agreement shall be binding on, and to the benefit of, the parties to this Agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives’ successors and permitted assigns.
14.5.A reference to an act or provision of law shall include all subordinate legislation made from time to time under that act or provision.
14.6.Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party the agent of another Party, or authorise any Party to make, or enter into any commitments for, or on behalf of any other Party.
14.7.The Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
14.8.No amendment to this Agreement shall be effective unless it is in writing and signed by the Parties.
14.9.No failure, or delay, by either Party to exercise any right or remedy provided under this Agreement, or by law, shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that, or any other right or remedy. No single or partial exercise of such right or remedy shall prevent, or restrict, the further exercise of that or any other right or remedy.
14.10.If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.