Terms and conditions

Company information

Omega Eurotrans
Schrieksebaan 186
3140 Keerbergen

Company registration number: 0875.276.827
E-mail address: info@omega-eurotrans.be
Website: omega-eurotrans.be

Article 1 – Applicability of the general terms and conditions

1.1. These general terms and conditions describe the general rules on the basis of which we provide our transport services.

1.2. The latest version of these general terms and conditions shall always apply.

1.3. This agreement is governed by Belgian law. Any dispute relating to the interpretation or execution of a contract and relating to our invoices falls under the exclusive jurisdiction of the courts of Leuven, unless mandatory law provides otherwise.

1.4. If any provision of these terms and conditions is wholly or partially contrary to a statutory provision and is therefore void, the remaining provisions of these terms and conditions shall remain in full force and effect. If necessary, the parties shall jointly agree on a new provision that is in line with the purpose of the void provision.

Article 2 – Technical equipment

2.1. The carrier undertakes to use the appropriate vehicles for transport assignments.

2.2. The carrier cannot be held liable for consequential damage arising from the carrier’s inability to provide a vehicle due to force majeure or other unforeseen circumstances (technical defects, roadside inspections, etc.).g ter beschikking kan stellen.

Article 3 – Payment terms

3.1. Transportation begins when the vehicle leaves the transporter’s premises and ends when the vehicle returns to the transporter’s premises. Costs arising from force majeure, which should be understood as an event that could not have been foreseen by the transporter, are not included in this freight price.

3.2. If the carrier incurs toll charges as a result of the performance of a transport agreement, the client shall reimburse these at a rate of 110%. Toll charges are defined as: all costs incurred as a result of driving on toll roads, using tunnels and passes, and the costs of road vignettes, both nationally and internationally.

3.3. An invoice that is not contested by the client within seven days of receipt shall be considered final and non-negotiable.

3.4. In accordance with the General CMR Conditions, any invoice that remains unpaid on the due date shall, by operation of law and without notice of default, interest at the reference rate set by the European Central Bank as determined in the Act of August 2, 2002, implementing European Directive 2000/35/EC of June 29, 2000, plus seven percentage points and rounded up to the nearest half percentage point. If, within a period of seven days following the sending of a notice of default by registered letter, the debtor remains in default, the amount of the claim shall also be increased by operation of law by 10%, with a minimum of €250 and a maximum of €5000 as fixed compensation for the additional administrative costs, monitoring of the debtor file and disruption of business.

Article 4 – Insurances

4.1. The carrier undertakes to take out CMR insurance for the goods transported. The carrier’s liability with regard to the goods is in any case limited to the liability provided for in Article 23, 3 of the CMR Convention (8.33 Special Drawing Rights per kilogram of freight).

4.2. The carrier also undertakes to have the legally required insurance for the delivery van it uses for these transports.

Article 5 – Subcontracting

The carrier undertakes to carry out the transports itself or through its agents. It may call on subcontractors to carry out these transports.

Article 6 – Subcontracting

6.1. Both parties undertake to comply with the legal provisions governing the transport of goods by road and joint liability, as set out in the Act of May 3, 1999, and its implementing decrees, and all other applicable legislation governing such transport.

6.2. The transports carried out under this contract are subject to the CMR Convention.

6.3. The carrier undertakes to deliver the first copy of the CMR to the client. However, failure to deliver this copy can never result in the transport price not having to be paid. The client must prove by all legal means that the transport was not carried out or was not carried out properly.

Article 7 – Liability

We are not liable for damage caused by hacking or intrusion into our website. We will take all reasonable security measures in accordance with the state of the art currently available. We are not liable for damage caused by phishing, farming, or other forms of internet fraud or other criminal activities.

Article 8 – Intellectual property rights

8.1. All information provided (such as texts and photos) and other content on this website are the property of Omega Eurotrans. This content is protected by the relevant intellectual property rights. This includes copyright, trademark law, database rights, neighboring rights, patents, and design rights.

8.2. You are expressly prohibited from copying or modifying designs, information, images, and other content created by us and using them for direct or indirect commercial purposes.

8.3. In the event of infringement of intellectual property rights, we shall be entitled to claim applicable damages.

Article 9 – Disputes

You are obliged to notify us in writing of any complaints about invoices within seven calendar days of the complaint arising. Disputes concerning the performance of the agreement or damage to goods must be reported to the carrier immediately.

Any dispute shall fall under the exclusive jurisdiction of the courts of Leuven, unless mandatory law provides otherwise.