Carriage Terms and Conditions
The Customer Longavia Carriage Terms and Conditions document serves as a comprehensive framework
governing the relationships and agreements made between Longavia and its selected Carriers for the
transportation of goods. This document establishes clear guidelines regarding the rights, responsibilities,
and obligations of both Longavia as the Customer and the Carriers engaged to perform transportation
services.
1. INTRODUCTION
1.1. The transportation of cargo and all related interactions governed by these Terms and Conditions shall be
subject to the following stipulations, the Convention on the Contract for the International Carriage of Goods
by Road (CMR 1956), the European Agreement concerning the International Carriage of Dangerous Goods
by Road (ADR), the Civil Code of the Republic of Lithuania, and any other applicable national and
international laws pertinent to international road freight. For local cargo transport services arranged by the
Parties, the relevant national legislation of the jurisdiction wherein such local transportation is undertaken
shall govern the relationship between the Parties, in conjunction with these Terms and Conditions referenced
herein.
2. GENERAL TERMS OF CARRIAGE
2.1. These Carriage Terms of Service (hereinafter referred to as the "Terms") shall apply to all transportation
services and related activities conducted (hereinafter referred to as the “Services”) by any entities acting as
carriers (hereinafter referred to as "Carriers").
2.2. The Terms, alongside the cargo Carriage Order, collectively constitute the Agreement (hereinafter referred
to as the "Agreement") under which the Customer places orders and the Carrier executes the Services.
2.3. The Terms, alongside the Carriage Order, collectively constitute the Agreement (hereinafter referred to as
the "Agreement") under which the Longavia, UAB (hereinafter referred to as the “Customer”) places orders
and the Carrier executes the transportation and related services under Order (hereinafter referred to as the
“Services”).
2.4. Each distinct shipment, along with detailed instructions (including but not limited to loading/unloading
locations, cargo dimensions, volume, weight, and any other pertinent data), shall be documented in separate
Carriage Orders, which are integral to and form part of these Terms.
2.5. The Customer reserves the right to amend or cancel any Carriage Order without incurring penalties or
liabilities, provided such modifications or cancellations occur at least two (2) hours prior to the scheduled
arrival of the vehicle at the loading site.
2.6. The Customer shall not be liable for reimbursing the Carrier for any additional costs incurred in the course of
crossing borders, unless such costs have been expressly agreed upon in writing by both Parties.
2.7. Re-loading of cargo, re-attaching a semi-trailer to an alternate vehicle, or the simultaneous transportation of
any cargo not specified in the order (hereinafter referred to as "non-declared cargo") without the prior written
consent of the Customer is strictly prohibited. Violation of this provision may result in a penalty imposed on
the Carrier in an amount up to the value of one freight charge, but not less than EUR 500.
2.8. The Carrier is expressly prohibited from transferring or selling the received Carriage Order to any third party
without the prior written consent of the Customer. Breaching this stipulation may result in a fine against the
Carrier of up to the value of one freight charge, but not less than EUR 500.
2.9. In the event the Carrier does not execute the carriage itself but engages a third party with the Customer’s
prior written consent, the Carrier shall ensure that such third party adheres to all requirements and instructions
articulated in the Agreement.2
2.10. The Parties have mutually agreed to allocate twenty-four (24) hours (excluding weekends and public holidays)
for loading and unloading operations within EU countries, whereas seventy-two (72) hours (also excluding
weekends and public holidays) shall be allocated for loading/customs procedures/unloading in non-EU
countries.
3. CARRIER'S RESPONSIBILITIES, RIGHTS, AND ACCOUNTABILITY
3.1. The Carrier shall provide a clean, leak-proof vehicle in good working order, suitable for the type of cargo
specified in the Carriage Order, devoid of foreign odors, and equipped with standard cargo and ADR (if
applicable) fastening apparatus (including fastening belts, anti-skid mats, and protective corners).
Additionally, the Carrier must possess all requisite transportation documentation (including valid CMR
insurance, technical certificates, permits, etc.). In terms of food cargo, the Carrier shall fully comply with all
applicable international IFS and HACCP standards relating to the transportation of such goods without
necessitating further direction from the Customer. The Carrier's vehicle must conform to all legal road traffic
regulations in the jurisdictions where the carriage and related services are conducted.
3.2. In instances where cargo involves ADR (hazardous) materials, the driver must hold a valid ADR license and
possess all requisite safety equipment, which shall be made available to either the Carrier or the Customer
upon request. Furthermore, the vehicle must be appropriately equipped for the transportation of hazardous
materials. Failure to comply with these obligations will render the Carrier liable for any resultant damages to
the Customer.
3.3. Should a specific temperature regime for the cargo be required as indicated in the Carriage Order, the towing
vehicle must arrive at the designated loading site with the temperature properly set in advance. This specified
temperature must be maintained throughout the entirety of the transportation process. Moreover, the Carrier
is obliged to provide a record of temperature readings taken during transit (thermo strip) in conjunction with
the transportation documentation.
3.4. The Carrier must hold valid Community authorization and/or a TIR carnet, as well as a civil liability insurance
policy covering at least the value of the cargo being transported, along with any other documents necessary
for lawful and appropriate transport of the cargo.
3.5. The Carrier shall have the right to determine the preferred route for the transport of the cargo unless otherwise
specified in the Order. All costs incurred as a result of this routing decision shall be borne by the Carrier.
3.6. The Carrier is required to furnish the Customer with regular written updates regarding the status of the
carriage, which shall include information pertaining to arrival and departure times (including GPS data if
applicable), delays, and any challenges encountered during loading/unloading or other operational matters.
Should the Carrier become cognizant of any delays or complications affecting loading/unloading or Service
execution as stipulated in the Agreement, it must promptly notify the Customer, but in any event, no later than
two hours after such knowledge is acquired. Failure to provide accurate or timely updates pertaining to the
progress of the carriage may result in the imposition of a fine in the amount of EUR 500 on the Carrier.
3.7. The Carrier (driver) shall be responsible for the loading, securing, and unloading of the cargo. In cases where
these tasks are executed by the sender or recipient, the driver must be present to ensure that the volume,
weight, labeling, and numbering of the cargo conform with the information provided in the waybill. The driver
is also responsible for inspecting the condition of the cargo and its packaging. Should any damage,
discrepancies in volume, or improper loading or securing occur, the driver must document these issues in
detail within the accompanying transportation documents, capture photographic or video evidence of the
situation, and promptly notify the Customer’s designated contact of all pertinent issues (including notes in the
waybill, identified defects, damages, delays, downtimes, improper loading, accidents, etc.) whilst adhering
strictly to the Customer’s instructions.
3.8. Subsequent to the completion of loading, the driver shall submit all accompanying documentation (including
invoice, EX1, CMR, certificates), including validity dates and their correlation with the cargo.
3.9. The Carrier shall be held liable for any damages to the cargo resulting from improper positioning, securing of
the cargo, or axle overload, as long as the total weight is within legal limits.
3.10. The Carrier retains the right to refuse the transportation of cargo that is inadequately packaged, incorrectly
loaded (if loaded by the sender), or where the submitted documentation is inaccurate, or any other
circumstances that could expose the Carrier to legal liability. In such circumstances, the Carrier must inform
the Customer’s contact person of all identified issues and must proceed solely in accordance with the
Customer’s instructions.
3.11. The Carrier shall not retain, terminate the transportation of, or unload cargo at any location other than that
specified in the Carriage Order without express direction from the Customer. A violation of this provision
permits the Customer to impose a penalty of EUR 1,000 (one thousand) on the Carrier. This penalty shall be
acknowledged as the minimum loss sustained by the Customer, which the Customer is not obligated to3
substantiate. Should the losses incurred due to the Carrier's non-compliance exceed this sum, the Carrier
shall be responsible for reimbursing the Customer for those additional losses upon request.
3.12. The Carrier hereby agrees to provide a copy of the CMR waybill, duly signed and stamped by the recipient
as evidence of receipt, to the Customer via email or other means of communication within one (1) business
day following delivery to said recipient. The Carrier must also send all original transportation documents
(including CMR waybills, cargo waybills, thermo strips, and documents pertaining to Euro-pallet
replacement/non-replacement) to the Customer within seven (7) days. Should the Carrier fail to provide these
documents in a timely manner or neglect to submit them altogether, the Carrier shall incur a penalty of EUR
100 (one hundred) at the request of the Customer. Furthermore, the Customer reserves the right to withhold
any payments owed to the Carrier until such time as the Carrier fulfills its obligations concerning the
submission of the original documents. The Customer may also transfer any penalties imposed on it due to
the Carrier's failure to furnish documents on time back to the Carrier if such fines arise from the Carrier's
actions. The Carrier acknowledges awareness of these business practices and agrees to the conditions set
forth herein.
3.13. The CMR waybill must be fully and accurately completed, bearing the signatures and stamps of the sender,
Carrier, and recipient. The Carrier accepts that the obligation to submit a duly completed CMR waybill resides
with the Carrier's driver. Should the waybill lack the necessary stamp from the sender or the recipient, or the
signature of the responsible individual, or should not all pertinent transportation documents be provided,
payment for the transportation may be withheld until all necessary documentation is furnished.
3.14. In the event that the recipient of the cargo records notes in the CMR waybill regarding the condition of the
cargo or its packaging, or if the Carrier causes damage to the cargo, or if there are delays in pick-up or
delivery resulting in complaints, the Customer reserves the right to defer payment for transportation for a
period of one (1) year from the date the cargo is unloaded. This delay allows the Customer to pursue claims
for damages or offset homogenous counterclaims.
3.15. The Carrier shall ensure compliance with the regulations governing the working hours and rest periods of
drivers in accordance with applicable international laws, including the European Agreement Concerning the
Work of Crews of Vehicles Engaged in International Road Transport (AETR) and Regulation (EC) No.
561/2006 of the European Parliament and of the Council, as amended, as well as relevant national legislation.
The Carrier guarantees that, during the period of rendering services in any specific country, compensation to
its employees shall meet at least the legally mandated minimum wage as prescribed by local law concurrent
with the service date. The Carrier commits to implementing all necessary actions to ensure compliance with
minimum wage law requirements by both itself and any subcontracted carriers.
3.16. The Carrier shall guarantee the provision of at least the legal minimum wage, as mandated by the country
wherein the transportation services are performed. For local cargo transport, the Carrier must comply with
the stipulations set out in Regulation (EC) No. 1072/2009 of the European Parliament and of the Council
concerning access to the international road haulage market and other applicable national and international
laws effective in the jurisdictional area of local transportation.
3.17. The Carrier guarantees that all employees are, have been, and will be compensated consistently with timely
and appropriate wages, as well as other relevant benefits (such as daily allowances, holiday pay, and
compensation for overtime) in compliance with the legislation of each respective country where the
transportation occurs, which governs minimum wage and other allowances currently in effect. The Carrier
further pledges compliance with all regulations concerning employment relationships, health, safety, and
hygiene within the workplace, particularly those protecting workers placed through temporary employment
agencies and ensuring equality of treatment across genders.
3.18. Upon request, the Carrier shall provide evidence that the provisions specified in clauses 3.15 and 3.17 are
being upheld. The Carrier agrees to indemnify and hold Longavia, UAB harmless against any third-party
claims related to minimum wage laws. This obligation to indemnify also includes claims from social insurance
providers and tax authorities. The Carrier further affirms its commitment to shield Longavia, UAB from any
financial penalties that may arise from violations of minimum wage laws or other pertinent employment
regulations.
3.19. The Carrier must instruct its drivers regarding the necessity of maintaining photocopies of all completed
documentation (including CMR waybills) to account for any possible loss of documentation during transport.
3.20. The Carrier shall provide the Customer with contact information for the driver assigned to the transportation.
In the event another driver is assigned to the transport, the Carrier is obligated to promptly notify the Customer
of this change and provide the necessary contact details for the new driver.
3.21. Should the cargo not be delivered to the recipient on the first attempt due to factors beyond the Carrier’s
control, the Carrier shall attempt delivery a second time, typically on the following day. If the cargo remains
undelivered after the second attempt for the same reasons, the Carrier shall immediately seek further
instructions from the Customer.4
3.22. The Carrier acknowledges that no lien rights or retention rights regarding the transported cargo are
recognized or permitted.
4. ADDITIONAL CONDITIONS OF CARRIAGE
4.1. In the event that the Carrier fails to provide a vehicle to the Customer, cancels the Carriage Order, or violates
the terms specified in the Carriage Order (including conditions regarding neutrality or temperature), the
Carrier shall incur a penalty amounting to 30% of the agreed carriage price indicated I the Carriage Order ,
with a minimum threshold of EUR 300, and/or indemnify the Customer for any resulting damages. The
specified penalty is recognized as the minimum loss sustained by the Customer, for which the Customer shall
not be required to present further evidence.
4.2. Should the Carrier arrive late to the designated loading/unloading location, it shall be liable to pay penalties
to the Customer in the sum of EUR 35 for each hour of delay, capping similarly at a total of EUR 350 for each
day of delay or assume responsibility for any losses incurred by the Customer.
4.3. The Carrier shall ensure timely arrival at the loading/unloading site as per the time stipulated in the Carriage
Order; in the absence of specified timing, arrival must occur no later than 9 a.m. local time. Failure to adhere
to these timings may result in the Customer being unable to guarantee cargo loading/unloading within 24
hours. In the event of loading site delays, the Customer reserves the right to cancel the Carriage Order at
any time, procure alternative transport services, claim differences in charges from the Carrier, and shall bear
no liability for losses emerging from either the delay or cancellation of the Carriage Order.
4.4. All communications, agreements, and notifications under this Agreement must be in writing and conducted
through electronic means (such as email, electronic freight exchange platforms, Skype, or other digital
services), or delivered to the addresses set forth for the Parties. Handwritten alterations or modifications
made unilaterally to the Agreement shall be considered null and without legal effect.
4.5. The Carrier is responsible for providing adequate documentation evidencing pallet replacement or non-
replacement during all loading and unloading operations. Irrespective of whether pallet replacement was
previously permitted, the Carrier must obtain unequivocal confirmation from the respective loading and
unloading sites as noted in the CMR or Euro-pallet waybill. Should the Carrier neglect the pallet replacement
directives at the loading location, it must return the pallets in sound condition either to the loading site or
another location designated by the Customer within fourteen (14) days subsequent to the completion of the
Carriage Order. This stipulation is mandatory for all cargo transported on Euro-pallets (EU-PAL), Dusseldorf
pallets (DD-PAL), H1 pallets, E1 boxes, E2 boxes, or gitter boxes (Gi-Box). Should the Carrier fail to submit
properly executed documents concerning pallet replacement or non-replacement, it shall incur charges
issued as an invoice amounting to EUR 15 per Euro-pallet, EUR 10 per Dusseldorf pallet, EUR 12 per E1
box, EUR 12 per E2 box, EUR 100 per H1 or Gi-Box, plus an administrative fee of EUR 35.
4.6. Where cargo is carried utilizing EU-PAL, DD-PAL, H1-PAL, E1 boxes, E2 boxes, or Gi-Box and the terms
dictate collection of empty pallets from the unloading site, the driver shall accept only pallets suitable for
replacement (i.e., intact and undamaged). In the occurrence of issues regarding this replacement and/or if
the driver cannot understand the instructions or any annotations or stamps on the carriage waybills, it is the
Carrier's responsibility to promptly inform the Customer via phone or email. A failure to notify the Customer
in such situations will result in all related risks and liabilities being assigned to the Carrier.
4.7. The carriage price shall be distinctly specified within the Carriage Order and shall encompass all associated
expenses incurred by the Carrier, including, but not limited to, fuel costs, wages subjected to all relevant
regulations, road taxes, fluctuations in exchange rates, as well as additional equipment needed for the
transport and securing of cargo, in addition to permits, licenses, insurance, etc., unless otherwise agreed
upon by both Parties in the Carriage Order or in writing.
4.8. The Customer retains the right to offset any financial claims arising from the Carrier's actions or omissions
relative to these Terms or the Carriage Agreement against any amounts payable to the Carrier.
4.9. In cases of cabotage transport executed by the Carrier within the territory of Germany (domestic cargo
transportation within the Federal Republic of Germany), fines may be imposed on the Carrier up to a
maximum of 40 SDR units per kilogram of lost and/or damaged cargo
4.10. During the transportation of cargo in accordance with these Terms and individual Carriage Orders, drivers
employed by the Carrier must utilize designated secure parking facilities for rest periods exceeding 45
minutes. Minimum standards for these facilities include a fenced and secured area, video surveillance, access
control measures, and appropriate illumination throughout the entire area.5
5. FINAL PROVISIONS
5.1. The Carrier shall be subject to a penalty of EUR 10,000 should it directly communicate with the client without
prior authorization.
5.2. The fines and penalties articulated within this Agreement are considered the minimum losses pre-agreed by
the Parties, which the Customer shall not be required to substantiate. Payment of any penalties imposed
does not diminish the Customer's right to seek full compensation for damages incurred.
5.3. These Terms apply universally to all Carriers engaged in ongoing transportation operations fulfilling Carriage
Orders.
5.4. The conditions herein are established through electronic correspondence, and the Parties acknowledge their
understanding and acceptance of these Terms. The Terms are validated by the Carriage Order executed by
both Parties and shall be treated as the original document.
5.5. Any disputes, claims, or disagreements arising from or relating to these Terms or any breaches thereof shall
be initially addressed through negotiations between the Parties. Should these negotiations fail to resolve the
dispute, such matters shall be adjudicated in the courts located in the city of Vilnius (Republic of Lithuania),
governed by the laws of the Republic of Lithuania (lex fori), with jurisdiction specifically reserved for disputes
pertaining to the application of the CMR Convention.
5.6. Payment shall be due within forty-five (45) days after receipt of the scanned (electronic) invoice and all
relevant transportation documentation (original CMR waybills, thermo strips, etc.).
5.7. The Customer is solely responsible for all matters concerning the determination of civil liability and claims
administration. A fee for damage administration, amounting to EUR 50, will be charged to manage claims
arising from the fault of the Carrier and will be added to any direct and indirect losses.
5.8. The Parties commit to safeguarding mutual agreements, the terms of this Agreement, and all correspondence
exchanged, maintaining confidentiality in regard to such matters, and considering this information a trade
secret, to be disclosed only as mandated by law.
5.9. The Customer reserves the right to amend these Terms and shall publish such amendments on its website.
5.10. Should any provision of these Terms be found invalid or unenforceable, it shall be replaced with a provision
that closely reflects the intended meaning of the invalid provision. The invalidity or unenforceability of a single
provision shall not affect the validity of the remaining provisions.
5.11. The Customer maintains that all information connected with the Services provided under this Agreement is
confidential. This includes all information concerning employees, partners, and business associates;
descriptions of technological processes; proprietary know-how related to cargo transportation; pricing
strategies; all communications and negotiations the Parties wish to remain confidential, including pre-
agreement discussions; and any personal data governed by applicable legal standards. This also
encompasses all documentation in any format, whether in physical form or orally, as well as all data subject
to banking confidentiality and data protection laws in the Republic of Lithuania, along with any information
received from entities other than the counterparty to the Agreement, provided such information qualifies as
confidential under the terms of this Agreement.
5.12. The Carrier agrees to strictly adhere to the Longavia Code of Conduct, which outlines the expected ethical
standards and compliance obligations of all partners. The Code of Conduct is available on the Longavia
website at https://longavia.eu/code-of-conduct/ . The Carrier acknowledges that failure to comply with the
principles and policies outlined in the Code of Conduct may result in penalties, including the potential for
termination of the Agreement.