GENERAL TERMS AND CONDITIONS OF SALE
The aim of these General Terms and Conditions (hereinafter the “GTC”) is to lay down the procedures for the performance by VIIA in whatever capacity it may be acting (freight forwarder, warehouse keeper, agent, cargo handler, combined transport operator etc.), of the activities and services pertaining to the physical transport of goods and/or to the management of the flow of goods whether they are packaged or not, of any kind, from any origin, to any destinations, in return for payment of a freely agreed upon fee that ensures fair remuneration for the services provided, under either an internal or international system. These GTC are supplemented by the Schedule of Fares, and, as the case may be, by any special conditions agreed with Customers. The ordering of services implies the Customer’s unconditional acceptance of the GTC. In all cases, these General Terms and Conditions take precedence over the customer’s general terms and conditions.
In these GTC:
“Customer” means the person giving the order or anyone acting on their behalf.
“Freight forwarder” means any service provider that organises and ensures, under its responsibility and in its own name, the transport of loading units from one place to another in accordance with the methods and means of its choice on behalf of a Customer.
“Contract” means the contract entered into between the Customer and VIIA with a view to shipping one or more Loading Unit(s) at the same time, formalised by the Customer’s booking request and confirmation of this booking by VIIA.
“Terminal Manager” means the companies responsible for accepting, handling, loading/unloading and delivery of the Loading Units on and off the railcars at the agreed departure and arrival terminals.
“Interchange” means the document completed by VIIA, or any person appointed by the same, on Handover and on Delivery, which contains a statement on the external condition of the UTC.
“Delivery” means the action whereby the Loading Unit is placed at the Customer’s disposal for collection at the destination terminal at the agreed date and time.
“Goods” means the property, material and equipment of any nature whatsoever accommodated in the Loading Units with a view to their carriage.
“Takeover” means the acceptance by VIIA or by its substitute carrier, where necessary, of the loading unit.
“Handover” means the act by which the Loading Unit is transferred to VIIA by the Customer at the departure terminal.
“Reservations” means the expression in an explicit, detailed and reasoned manner, of any objection relating to the inconsistent status or compliance of the loading unit at the time of its review by VIIA and the Customer, it being understood that for technical reasons the review may only be carried out in the rail terminals, and therefore following Takeover.
“Fares” means the basic fare scheme communicated to the customer upon booking.
“Loading Unit” or “UTC” means a standard road semi-trailer or a P400 semi-trailer depending on the railway line used, a swap-body or container containing the Goods and complying with European standards (including directives 96/53/EEC and 97/27/EEC) which after loading onto a Railcar complies with the constraints of the gauge on the line used, as communicated to the customer on signature of the contract and made available on the website www.viia.com.
“VIIA” means the public company governed by French law registered on the Trade and Companies Register of Nanterre under number 519 134 480, with its registered office at Espace Seine – 26 Quai Charles Pasqua – 92300 Levallois Perret.
“Railcars” means the railcars used for the carriage of the Loading Units by rail.
2. OBLIGATIONS OF THE PARTIES
2.1.Obligations of VIIA
2.1.1 Obligations of VIIA as a combined transport operator VIIA undertakes to:
- Organise and arrange the carriage of the UTC entrusted by the Customer by rail, from the agreed place of collection to the agreed place of destination;
- Organise reception facilities and access to each terminal for the road units for handover of the UTC on the parking area provided for this purpose and to check overall size;
- Organise and oversee operations for the Terminal Manager to load the UTC onto the Railcars at departure;
- Organise and oversee operations for the Terminal Manager to unload the UTC from the Railcars upon arrival;
- In the event transport resources are not available on Handover day, load the UTC as soon as possible onto the next train.
- Provide information to the Customer by any means or make information available on VIIA& YOU’s website relating to:
- the latest Handover time at the departure terminal,
- the number of the loading train,
- the time at which the UTC will be available for Delivery at the arrival terminal,
- any changes to the timetable.
2.1.2 Obligations of VIIA as the Freight Forwarder
It is agreed between the Parties that where VIIA is acting in the capacity of Freight Forwarder, VIIA shall be subject, in addition to the obligations set out in article 2.1.1 of these GTC, to the following obligations:
- VIIA shall organise the operations on the basis of the information, requests and instructions received from the Customer or instructing party
- VIIA may, if it deems necessary, perform the verification of the documents provided by the Customer, which are directly relevant to the organisation of the transport.
- VIIA shall verify that the information and the documents required for the preparation of the transport document and conveyance of the goods have been provided or, failing that, have been handed over to the transporter(s) no later than the time of Takeover.
- VIIA shall ensure, prior to the conclusion of the transport contract, that the substitute carrier it has selected, is authorised to perform the services entrusted to it and has the necessary skills.
VIIA shall be solely responsible for the choice of its substitute carriers. It shall not be required to obtain the approval of the Customer on the selection of the intermediate freight forwarders and substitute carriers. Except in the case of a fault on its part, VIIA shall not be held liable for the actions of intermediate freight forwarders’ and/or substitute carriers that have been imposed on it by the Customer or public authorities.
2.2. Obligations of the Customer
The Client undertakes to:
- Return these General Terms and Conditions, together with appendice (available at viia.com) duly signed, preceded by the handwritten words “Read and Approved”;
- Hand over the Loading Unit for carriage on the scheduled date and time at the agreed terminal;
- Disclose all information concerning the Goods consigned, in particular the quantity and nature thereof together, as the case may be, with any relevant precautions to ensure transportation and handling proceed smoothly;
- Produce all the documents and authorisations necessary to carry the Goods accommodated in the UTC;
- Make all declarations and complete all documentation to comply with the regulations in force;
- Collect the Loading Unit on the day of Arrival from the agreed terminal;
- Under its own authority and liability, ensure the Loading Unit is detached from or reattached to the traction vehicle safely, in particular as regards bolting and unbolting of securing devices and any adaptations necessary for carriage by rail or road haulage (e.g. adjustment of standing legs and bumpers);
- Make itself aware of and comply strictly with the internal operating procedures posted at the departure and arrival terminals and the safety instructions which apply therein;
- Ensure that operations relating to the preparation, loading, unloading and transport of the goods on semi-trailers are reliable in terms of safety. Agents and business partners acting on behalf of customers, including their sub-contractors, for the performance of these services, are informed that they must also ensure the safety of the logistics chain.
- Not to exceed the total weight of the UTC declared when booking;
- Ensure payment of the fee to VIIA;
- The Customer is prohibited from entrusting VIIA with the transport or organisation of the transport of illegal or prohibited goods;
- The Customer shall, in due course, give VIIA specific instructions required for the performance of the transport and related services. VIIA is not required to check the documents provided by its Customer, nor the condition, quantity, weight or type of goods, their packing, tying-down or packaging;
- If the loading units need to be forwarded by boat prior to their receipt by VIIA, the Customer is required, when making its booking, and in any case before finalising the Contract, to give VIIA the exact dimensions of the loading unit and to ensure that the UTC complies with the specifications set out in Appendix 1 of these GTC;
- The Customer acknowledges that in the event of the non-compliance of the Customer’s UTC with the specifications set out in Appendix 1 of these GTC, VIIA may, without engaging its liability, refuse to transport said UTC;
- Where customs procedures need to be completed, the Customer shall hold VIIA and/or the customs agent harmless against any financial consequences arising from erroneous instructions, unenforceable documents etc. which may, in general, entail an assessment of additional duties and/or taxes, or fines, etc. issued by the government department concerned;
- When required due to the type of goods, the Customer is required to package, pack, mark or countermark such goods, in such a way that they will withstand transportation as well as storage operations and successive handling;
- In the case of sensitive goods or dangerous goods that are not prohibited, the Customer must affix appropriate labelling to enable immediate and unequivocal identification of the consignment that they form part of.
- In the event of the loss or damage or any other problem affecting the UTC and/or the Goods, or in the event of a delay, the Customer shall be responsible for making regular and adequate inspections, for justifying any reservations and in general for carrying out any action that may be useful to preserve their claims and to confirm said reservations in due form and within the deadlines set by law. Failing that, the Customer shall waive its right to bring claims against VIIA or its substitute carriers. 2.2.1 Failure of the Customer – Impediment to transportation
The Customer shall inform VIIA, providing sufficient notice in accordance with professional practice and the method of transport selected, in the case where the loading unit cannot be handed over to the latter within the agreed deadline. Failing this, VIIA shall be entitled to claim damages. Should, once loading is completed, transportation be impeded or temporarily interrupted or if the performance of the carriage of the goods becomes impossible, VIIA shall request instructions from the Customer, in writing or by any means of data transmission or storage. The Customer shall advise VIIA of all implications that come to its knowledge. In the absence of a timely reply from the Customer, VIIA shall take measures that it deems to be in the best interests of the Customer for the storage of the goods or their carriage by other routes or means. Any costs incurred shall be passed on to the Customer upon presentation of receipts. Where the Customer is held responsible or the impediment, VIIA is entitled to the reimbursement of expenses not specifically provided for, upon presentation of receipts.
3. Entry into force of the contract
- The Contract takes effect upon acceptance by VIIA of a booking request made by the Customer.
4. End of contract
The Contract ends on the date of Delivery at the destination terminal.
Where the Customer does not take Delivery of the UTC at the agreed place and date, the UTC will remain parked on the terminal at the Customer’s cost, risk and liability.
5. Supply and stuffing the UTC
The Customer has sole responsibility for packing, packaging, sheeting, tying-down and stuffing the Goods together with the closing of the UTC and affixing seals. By handing over the UTC, the Customer warrants that the condition of the Goods and the closing and sealing of the UTC allows the safe carriage thereof and in particular that the Goods are packaged, packed, tied down, marked or counter-marked, so as to withstand the storage and handling operations connected therewith. The Customer has sole liability as regards stuffing the Goods in refrigerated UTC, for wrongly indexing the temperature necessary and for any malfunctioning of the refrigerated UTC. The Customer warrants that the LUs supplied are fit for purpose, for the carriage, storage and handling operations scheduled and meet all of the compliance and safety criteria required
by national and international laws, conventions and regulations. If, during transportation, it is necessary to reload the consignment, the repackaging costs, together with any costs connected with the unavailability of the Railcar and disruption to the rail traffic, shall be borne by the Customer. In such an event, VIIA reserves the right to alter the place of Delivery of the UTC. VIIA inspects or has others inspect the overall external condition of the UTC, in the presence of the Customer, on Handover and on Delivery. An Interchange containing a statement of the external condition of the UTC will be issued on Handover and on Delivery.
6. Unauthorised goods
6.1. LClass 1, 2, 5.2 and 7 dangerous goods are strictly prohibited.
- Class 1: “Explosives” (UN Numbers 0074, 0113, 0114, 0129, 0130, 0135, 0224 and 0473)
- Classe 2:* 2.1 “Inflammable gas”
* 2.2 “Non-flammable non-toxic gases”
* 2.3 “Toxic gas”
- Class 4.1: “Self-reacting materials requiring a temperature-controlled environment (UN Numbers 3231 – 3240)
- All materials belonging to sub-divisions D and DT in particular:
- UN numbers: 1310, 1320, 1321, 1321, 1322, 1336, 1337, 1344, 1347, 1348, 1349, 1354, 1355, 1356, 1357, 1517, 2555, 2556, 2557, 2852, 2907, 3317, 3319, 3344, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3376, 3380, 3474
All materials belonging to sub-division F2
- Class 5.2: “Organic peroxides” (UN Number. 3111 – 3120)
- Class 6.1: “Toxic materials”
- Class 6.2: “Infectious materials”
- Class 7: “Radioactive materials”
- Class 8: “Sulphur trioxide with a purity of 99.95% transported in tanks without inhibitor (UN Number 1829)
6.2. Dangerous Goods
Other than those covered in article 6.1, may not be consigned to VIIA without its prior written agreement and without the UTC or packages containing these Goods, as
well as the Goods themselves, having been clearly marked on the outside so as to indicate their nature and hazardous character, in accordance with any applicable laws or regulations. In all events, the Customer is bound to make all the necessary declarations and to comply with all the conditions laid down by the national and international regulations in force for the carriage and storage of dangerous goods. The Customer is bound to collect any Dangerous Goods immediately on their arrival at the destination terminal. Failing which, VIIA may take all the appropriate safety measures it considers necessary, at the Customer’s cost and risk. The carriage of Dangerous Goods will entail application of a surcharge in addition to the cost of carriage. Live animals are not authorised. Unless previously agreed in writing by VIIA, the following goods are prohibited:
- Goods covered by a “Monies and Securities” policy,
- Tobacco, mobile phones and clock parts
- Jewellery, pearls and precious stones, furs, silverware, works of art, sculptures or paintings, antiques, pictures, curiosities and collectables
- Documents and samples for which the commercial or contractual value bears no relation to their intrinsic value
- Precious metals, bank notes, coins, cheques of any nature, shares, bonds, stocks and bills, coupons and securities of all kinds.
7. Payment terms
The prices for the carriage of loading units are calculated either on the basis of the prices excluding VAT indicated in the Schedule of Fares or, as the case may be, by private agreement in the Special Conditions, on the basis of information provided by the Customer, bearing in mind, in particular, the services to be performed, the nature, weight and volume of the goods to be transported and the routes to be taken. The prices are increased by VAT at the rate in force at the time of invoicing. The prices do not include: duties, taxes, fees or charges due in application of any regulation, notably fiscal or customs regulations (such as excise tax or import duties, etc.).
7.1.- Modalités de paiement
Services are payable in cash upon receipt of the invoice, without discount, by bank transfer to the bank account shown on the invoice. Any compensation for the settlement or unilateral imputation of the alleged damages to the price of the benefits due is strictly prohibited.
Requests to delay payments shall only be considered if the customer undertakes to provide VIIA with a guarantee issued by a first-rate banking institution.
If payment is late, late payment penalties are due by the Customer as a matter of law. Any principal sum not paid by the Custo-mer to VIIA by due date will give rise to payment of interest on arrears, in accordance with the provisions of the law. Invoices not settled by their due date will carry inte-rest at the ECB reference rate plus 7 percentage points. The penalties due pursuant to the foregoing shall be collected by VIIA as a matter of law without there being any need for prior formal notice. In addition to late payment charges, all late payment will entail payment of a fixed charge of Forty (40) euros to cover costs of recovery. This handling charge will be due to VIIA as a matter of law, without there being any need for prior formal notice. So long as the sums due have not been settled, VIIA reserves the right to suspend the Contract binding it to the Customer and, accordingly, to decline to accept Handover of any further UTC.
8. Contractual lien
The Customer expressly acknowledges that VIIA has a contractual lien that has precedence over its right of general preferential and permanent lien insofar as concerns all goods, assets and documents held by VIIA. The lien serves as a guarantee for the total debt (invoices, interests, incurred costs, etc.) owed by the Customer to VIIA, to secure all receivables (invoices, interest, costs incurred, etc.) which VIIA holds against it, including any debt prior to or external to the services carried out relative to the goods, assets and documents effectively held by VIIA.
Insurance covering the Goods transported shall not be taken out by VIIA on behalf of the Customer without a written order from the Customer, repeated for each shipment, specifying the risks to be covered and the values to be insured. If such an instruction is given by the Customer, VIIA, acting on the orders and on behalf of the Customer, will take out insurance with a reputable solvent insurance company. Unless specified otherwise, only ordinary risks will be insured. Intervening in this instance in the capacity of authorised agent, VIIA cannot be deemed as the insurer. The conditions of cover are deemed known to and approved by the Customer who shall bear the cost of the premium and excess charges. The Customer, who shall insure the transportation risks, must disclose to his insurers that they may only bring claims against VIIA within the limits of liability provided in this document.
10. Performance of the services
The subcontractors chosen by VIIA are deemed to have been approved by the Customer. The departure and arrival dates that may be given by VIIA are given for informational purposes only.
11. Modification and cancellation of booking – Cancellation fees
11.1. Change and cancellation of booking by customer
To be deemed admissible, changes or cancellations of reservations must reach VIIA in writing (e-mail whose receipt is confirmed by VIIA, fax or mail) at least three (3) hours before the handover of the relevant UTC.
11.2. Cancellation fees
In the event of cancellation of booking by the Customer out of time provided for in Article 11.1, an administrative fee corresponding to the items included in the commercial offer may be charged by VIIA to the Customer.
11.3. No-show, late or early Handover of Loading Units:
In the event of a no-show or late delivery of the UTC at the time and day scheduled for the shipment without notice, VIIA may require the Customer to pay a penalty of an amount corresponding to the items included in the commercial offer.
12. VIIA’s LIABILITY
The liability of VIIA for loss, damage or delay will not take effect until the Hand-over of the UTC at the departure terminal on the date of shipment. VIIA’s liability cannot be incurred for loss or damage to the UTC and/or goods in the case of early handover at the departure terminal, before the date of shipment, arising solely out of the Customer’s fault.
12.1. Transfer of liability
The transfer of liability takes place when the Customer detaches its tractor unit and attaches it to the semi-trailer in the arrival terminal.
12.2. Liability of the substitute carrier
The liability of VIIA is limited to that which is incurred by its substitute carriers for the performance of the services entrusted with them.
Where it is established that the loss or damage to the UTC and/or the Goods occurred during their carriage by rail, VIIA’s liability and the limitations thereof shall fall under the provisions of the uniform rules concerning the contract for international carriage of goods by rail (CIM), which constitute Appendix B to the Convention concerning International Carriage by Rail (COTIF), in the version in force at the time the Contract takes effect.
When the limits of compensation for the substitutes are unknown or do not arise from any mandatory or legal provisions, they are deemed identical to those set out in article 11.2
12.3. VIIA’s personal liability
12.3.1 Losses and damages
Where VIIA’s liability is incurred for loss or damage arising out of its own fault, error or omission, its liability shall be limited to the lowest of the following values, to the exclusion of any other compensation:
€14 per Kg gross weight of the missing or damaged goods loaded into the UTC or for that particular LU itself,
€2,300 per tonne gross weight per LU without being able to exceed €30,000 per UTC
Where the customer does not take Delivery of the UTC at the agreed place and date, the UTC will remain parked on the terminal at the customer’s cost, risk and liability.
12.3.2 Other damages
For all other damages, including a case of delayed delivery, the compensation due by VIIA is limited strictly to the cost of carriage, excluding duties, taxes and miscellaneous costs.
12.4. Implementation of VIIA’s liability
The Customer has 30 days from receipt of the Merchandise to lodge a complaint to VIIA’s after-sales service (SAV) available at firstname.lastname@example.org. This period corresponds to the maximum time limit for archiving images on Terminals.
A customer complaint may only be created upon express agreement of VIIA and only in the following cases:
Such complaints are admissible on presentation of invoices and letters from the sender and/or receiver of the goods, providing the following indications and information: the nature of the products, the quantity, the value, the protocol made with the terminal (interchanges) and pictures of the damage.
12.4.2 Deterioration of the quality of the product
The Customer must provide a detailed invoice for the costs incurred as well as a document certifying that the goods have been rejected by its final recipient because of the deterioration.
12.4.3 Wearing parts and consumables
VIIA does not cover consumables or wearing parts such as out of order braking, suspension or electrical components.
With regard to tyres, VIIA will not cover warping, punctures, abnormal wear and tear, as well as any foreign bodies in tyres, VIIA’s liability being limited to functional condition and does not include structure. VIIA may cover the replacement of tyres only if the bursting of tyres results from a loading or unloading operation.
12.4.4 Seals and TIR cords
Since the closure and sealing of the SR/UTI is secured with a seal at the start of the journey, only the absence of seals on arrival may incur the liability of VIIA in case of theft. At terminals, the customer agrees to present covered SR/UTIs equipped with TIR cables in good working order. In the event of non-compliance, the terminal will systematically provide the customer with new TIR cables in order to ensure the safety and transport of the goods. The customer will be automatically invoiced for these TIR cables at the applicable rate.
13. Force majeure
Force majeure shall mean any event outside of the control of the affected party, which is of both an unforeseeable and unavoidable nature, which makes it impossible to perform the services, such as frost, snow or exceptionally heavy rain, thawing snow, fire, flooding, an incident or accident involving the rolling stock that makes it impossible to perform the service, explosions caused by any reason whatsoever, unannounced strikes, strikes or work stoppages resulting from a nationwide movement, orders, restrictions or prohibitions issued by a public authority. The occurrence of a case of force majeure that makes it impossible to perform the services under the above-mentioned conditions shall automatically lead to the suspension of the contract.
If VIIA is unable to commence or proceed with the performance of all or part of its obligations as a result of a case of force majeure, it shall inform the Customer by any means, including by email, no later than three (3) days following the occurrence of the event. If the case of force majeure exceeds a period of one (1) month, VIIA may decide to terminate the Contract and shall notify the Customer in writing of such termination.
The termination of the Contract as a result of a case of Force Majeure, shall not under any circumstances lead to the payment of damages or compensation by VIIA.
14. Safeguard clause
Without prejudice to the provisions of the provisions above, if any unforeseen situation (economic, political, financial or technical) were to result in a modification of one of the elements of the VIIA benefit, and would render the performance of the Agreement excessively onerous for some who did not accept the risk, new conditions satisfactory to the parties would be negotiated.
The aggrieved party notifies as soon as possible by recommended letter with request for receipt from the other party, the circumstances justifying the implementation of the present clause and the request to negotiate new conditions. In the event that the parties fail to agree on these new conditions and by derogation from Article 1195 of the Civil Code, the Contract could be resolved without compensation subject to two months’ notice.
15. Clause de confidentialite
Each party undertakes to respect the confidentiality of the information contained in the Contracts concluded, or exchanged during their negotiation or execution. The duty of confidentiality remains for two years from the execution of the benefit or from the end of the Contract if applicable.
TAll actions to which the Contract between the parties may give rise are prescribed within one year of the performance of the service at issue. It is expressly stated that the annal requirement of Article L.133-6 of the Code of Commerce is not applicable to actions in payment of Transport Benefits or to the ancillary benefits that VIIA may be required to exercise against the Customer or one of its employees.
17. Authorisation to use the customer’s logo
The Client authorizes VIIA, unless formal opposition is notified in writing, to use in the context of its commercial communication and any operation to promote the railway motorway service, any image on which one or more of its Loading Units would appear with the logo and/or the commercial name of the Customer. The use of the logo by VIIA does not give it any right or license on the customer’s brand or logo.
18. Personal data
19. Cancellation – invalidité
In the event that any of the provisions of these Terms and Conditions are declared null and void, all other provisions will remain applicable.
20. Applicable law and attribution of jurisdiction
20.1. Law applicable
These General Terms of Sale are subject to French law.
In the event of a dispute or challenge, only the NANTERRE Commercial Courts have jurisdiction, even in cases of plurality of defendants or appeals for guarantee.
Loading units and gauge requirements technical data for railway service.
This addendum describes the safety commitments that VIIA Clients must comply with, as well as the types of loading units that are to be carried on the VIIA wagons, taking into account the access controls that will be carried out in order to guarantee the continuity of the service.
2. DIMENSIONS OF THE TRAILERS
The Modalohr NA wagons can carry standard semi-trailers, provided they meet with the requirements of the European Directive 96/53 and with the following restrictions:
• Trailer identification system in place
• Weight to be less than or equal to 38 tonnes (road units 44 tons GCW)
• Weight on the kingpin less than or equal to 13 tons
• Maximum tri-axle load, 9 tons
• Width equal to or below 2.60 m (refrigerated or controlled temperature trailers)
• Maximum height of 3.97 m at the external angle when the pneumatic suspensions are deflated (this corresponds, for instance, to a maximum height of 4.04 m (4.00 m ± 1%) on the road corner with a 70 mm deflation height of the pneumatic suspension)
• Maximum lengths as measured from the coupling pin: 2.05 m towards the front and 12 m towards the rear
• Ground Clearance in excess of 0.25 m from the ground in normal running conditions
• Kingpin (fifth wheel of the tractor) to be at a height between 0.95 m and 1.25 m
• Landing gear to be located between 2.05 m and 2.65 m from the coupling pin
• Wheel base (distance between the kingpin and central axle of tri-axle) between 5.5m and 9.00 m
• Maximum length of 10.3 m between the kingpin and the final axle
• Minimum length of 4.2 m between the kingpin and the first axle
• Minimum width between the inside flanges of the tyres, 1.10 m
• Overall width at tyre level to be between 2.50m and 2.55m
• The landing gear should bear the uncoupling of the semi trailer at full load. The convenient setting for the railway loading gauge shall be indicated on the landing gear.
• The trailer should have an automatic parking brake (this should be indicated on the trailer). Otherwise it should have a manual brake with a purge valve on the brake system that will be painted with an agreed colour.
• The trailer must have a reachable deflating control for the pneumatic suspension that will be painted in an agreed colour.
The rolling vehicles shall be limited to the same top and low gauges as the semi-trailers.
A weighbridge, installed at the site entrance, will allow the limit weights and their good distribution inside the trailers to be checked (weighing the trac-tor and the trailer connected with the distribution, rear and front, and right and left).
Similarly, a gantry gauge at the entrance of the site shall verify that the trailer (the tractor or rigid lorry) does not hit the railway gauge in the upper part and that it is compatible with the Modalohr NA wagon in the lower part.
3. DIMENSION DATA OF CONTAINERS AND SWAP BODIES
The containers and the swap bodies can be carried on our lines provided the requirements of the European Directive 96/53 and the constraints of the railway lines used are complied with, as well as the following specifications:
• Weight less than or equal to 38 tons
• The dimensions must be in the limits of the authorized gauge on the railway lines used.
• Maximum length, 45 feet
4. EXTERNAL ASPECT OF THE LOADING UNITS
In order to avoid any operating problem that may generate more or less significantly delayed on train arrivals, the outside aspect of the carried vehicles shall be checked. The Clients agree to comply with the requirements that shall be checked at each arri-val at the boarding sites:
• The semi trailers do not have any obvious default, particularly on the accessories or on the items fixed on, or under, the semi trailer. There is no leakage in the motor compartment or in the tank of the vehicle
• The tanks and the containers do not show any evident crack or default or leakage
• The dome covers and the valves shall be properly locked
• The access ladders and the upper walkway are set in the travel position and are properly fixed and locked
• The tarpaulins should not be torn and are safely secured and strapped
• The loading of the goods, seen or not, on or in a loading unit, is to be wedged or secured so as to avoid any side or lengthwise movement that would compromise stability on the road or on the railway
• The cross load differences should not exceed 35%
• The TIR cable must be installed on the loading unit Should one of these requirements not be met, the loading unit shall be rejected at the reception desk. The doors of the loading unit shall not be opened. Consequently, any wedging or any securing default of the loading inside the loading unit will be of the responsibility of the Client.
The loading unit will only be accepted if the ship-ping documents and the loading unit marking are in accordance professional standards.
5. Other characteristic
Personal Data Protection Policy
VIIA respects the privacy of its customers, users of the VIIA&YOU portal (the “Customers” and/or “Users”). All the personal data that Users may transmit to the aforementioned website (the “Site”), are subject to the provisions of law No. 78-17 of 6 January 1978 as amended, known as “Data Protection Act” and European Regulation 2016/679 on the protection of personal data of 27 April 2016 (“General Data Protection Regulation”).
VIIA may collect certain information about Users. However, VIIA does not collect any personal data on Users, except the data which Users have voluntarily recorded; in which case VIIA does not use the data on its own behalf or for purposes other than those of the performance of the service entrusted to it by the Customer.
As a reminder, personal data is any information relating to a natural person allowing it to be identified either directly by his/her surname, first name, postal address or email address, or indirectly by reference to an identification number such as an order number or IP address, etc.
Liability and Contact
VIIA, located at 26 Quai Charles Pasqua, 92300 Levallois-Perret is responsible for all Personal Data Processing carried out on www.viia.com and on the website www.viianyou.com. VIIA’s Data Protection Officer is ITNovem and can be contacted by email at: email@example.com.
Nature, origins and uses of the collected data
Through the Site, the Customer is required to transmit information that may be used to identify him/her, such as the contact form on the Website.
This data includes the first name and surname, e-mail address, and nature of the request.
This information is mandatory, failing which VIIA will not be able to provide any proper answer.
Certain requested information, denoted by an asterisk, is mandatory for the processing of requests sent by Users. Other information, the provision of which is optional, is intended to better understand the Users and improve the quality of the service provided to them.
If Users fail to provide the requested and mandatory information, VIIA cannot send them the requested information.
VIIA undertakes to collect personal data for specific, legitimate and relevant purposes. Thus the personal data collected from customers is necessary to use the services provided on the Platform (access to the services of the VIIA & You portal).
Furthermore, subject to the Customer’s consent, the data may be used to respond in an appropriate manner to customer requests, expressed via the contact form, e-mail, SMS or VIIA newsletter.
In order to perform the services entrusted to it by the Customer, VIIA may also be required to use the data collected in the context of professional communications.
VIIA may be required to disclose personal data to subcontractors, who are then bound by obligations at least equivalent to those of VIIA.
VIIA may also be required to disclose data to third parties in order to comply with legal, regulatory, contractual obligations or to respond to requests from legally authorised authorities.
No personal data is transferred outside the European Union or to locations not providing “adequate protection”.
Data Retention Period
The data collected via the contact form is stored so that VIIA can answer Customer’s requests in an appropriate manner. This data is kept for a maximum of one (1) year.
The data collected when registering for the Newsletter sent by VIIA to its Customers is stored until Customers unsubscribe from the said newsletter.
The data necessary to log in to the VIIA & You portal is retained until the end of the contractual relationship with the Customer.
Access and changes to personal data
In accordance with the regulatory and legislative provisions in force, the User has the right to access, rectify and delete data concerning him/her, a right to object and limit its processing and the right to its portability.
VIIA will answer within one (1) month of receiving such a request.
In addition, in accordance with the provisions of Article 40-1 of the amended French Data Protection Act, the User has the right to develop general (with a trusted digital third party certified by the CNIL) or special guidelines (with the Controller) relating to the storage, erasure and disclosure of his/her personal data after his/her death.
Such requests relating to the rights of persons may be made
- By post, by registered mail with acknowledgement of receipt, to: VIIA – Commercial and Marketing Department « Espace Seine », 26 quai Charles Pasqua, 92300 Levallois-Perret France
- By email, by contacting our DPO: firstname.lastname@example.org
For the sake of confidentiality and protection of personal data, a copy of a signed identity document shall be included in any request specifying the address to which the reply is to be sent.
To the extent possible with applicable laws, when a User’s requests are obviously unfounded or excessive, particularly due to their repetitive nature, VIIA may refuse to answer the requests or require the payment of reasonable costs taking into account the administrative costs incurred in providing the information requested.
The User has the right to refer and lodge a complaint with the CNIL to challenge VIIA’s practices regarding the protection of personal data and protection of privacy. Before lodging any complaint with the CNIL, VIIA invites you to contact the DPO or the Sales and Marketing Department at the above contact details.