General conditions for transport European Horse Services bv, Belgium
General conditions for transport European Horse Services France
These general conditions apply to all services and performances provided by European Horse Services bv. They consitute an indivisible whole with our offers and invoices and in general with any agreement we conclude. They take precedence over any general terms and conditions of the customer/client. Deviation from these conditions is only possible in a written stipulation signed by us for approval.
All our operations are subject to the General Belgian Freight Forwarding Conditions 2024 whereby European Horse Services bv can, depending on the assignment, act in the capacity of forwarding agent (“commissionair-expediteur”) or as carrier (“commissonnair-vervoerder”. These conditions can be consulted and downloaded here. Unless expressly protested, they are assumed to be tacitly accepted. These conditions apply to all services provided by European Horse Services bv, including all information, offers, contracts and acts, even after the agreement has been executed, except for its own General Terms and Conditions or written and signed stipulation to the contrary.
All goods (including horses) are handled, shipped, transported and/or stabled at the risk of the owner and/or client and are always assumed to be adequately insured, including for any liability and (transport) risks, unless otherwise agreed in writing.
Horses stabled at European Horse Services bv are being turned out at the risk of the owner and/or client and if circumstances permit, and for this purpose may be put in a horse walker, indoor arena, pasture and/or outdoor paddock. Similarly, any veterinary treatment, urgent or necessary, is also done at the risk of the owner and/or client. In both cases, the owner/customer or their representative can pass on any deviating instructions in writing to European Horse Services bv via the following e-mail address: info@ehs.be.
Horses stabled at European Horse Services bv in preparation for their dispatch to third countries may be excluded from the food chain without prior notification to the owner/client by administration of vaccinations, medicines and/or treatments within the framework of sanitary requirements.
In case the customer/client cancels or changes a shipment within seven (7) working days before the scheduled shipment date, cancellation fees for reservations made (airfreight, quarantine, etc.) will be charged which may amount to 100% of the total shipment cost.
The information about the products and services offered on the website of European Horse Services bv is purely informative, non-binding and subject to changes. European Horse Services bv is entitled to change at any time and without prior notice the information about the offered products and/or services and/or their prices on the website and is not obliged to continuously update any outdated information on the website.
Only offers issued by European Horse Services bv are binding and, unless otherwise stipulated, are valid until seven (7) calendar days after the date of issue.
Unless expressly provided otherwise, no part of the website or the content on the website (text, logos, illustrations & images, design) may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed (including via “mirroring”) to any other computer, smartphone, server, website or other (digital) medium for publication, distribution or commercial purposes in any way without the prior written consent of European Horse Services bv.
All our invoices are payable within the payment term included therein and to the bank account number included therein. Non-payment or partial payment of an expired invoice renders all invoices payable to the client and cancels any discounts granted. In case of late payment of an invoice, a conventional late-payment interest equal to the applicable interest rate in accordance with Article 5 of the Law of 2 August 2022 on combating late payment in commercial transactions shall be due ipso jure and without prior notice of default or, after notice of default has been served on the consumer, from the due date. In addition, as a penalty clause, a fixed compensation in the amount of 10% of the invoice amount, with a minimum of EUR 125.00, shall be payable by law and without prior notice of default. If the principal is a consumer, the fixed compensation that will be charged after notice of default is limited to:
20 euro if the balance due is less than or equal to 150 euro;
30 euro plus 10 % of the amount due on the tranche between 150.01 and 500 euro if the balance due is between 150.01 and 500 euro;
65 euro plus 5 % of the amount due on the tranche above 500 euro with a maximum of 2000 euro if the balance due is above 500 euro.
If we should not or not correctly fulfil our obligation to deliver/perform, the client/customer shall be entitled to equivalent compensation. In case of non-payment by the client/customer, European Horse Services bv may, where appropriate, recover the costs from the owner of the horses.
Unless otherwise stipulated in writing, the anticipated notifications, announcements and communications will take place at the discretion of European Horse Services bv by analogue or digital means (post, e-mail, telephone, electronic messaging services, website, etc.) via the contact details provided by the client/customer. Any change or addition of contact details shall be notified to European Horse Services bv in writing without delay.
The collection and processing of personal data takes place in accordance with Belgian and European regulations on the protection of personal data and the General Data Protection Regulation (“AVG” or “GDPR”). In order to fully inform the client/customer about how their data is handled and the rights they have, we have a separate Privacy Policy available on our website via this link.
All our agreements and general terms and conditions are subject to and interpreted in accordance with Belgian Law. In case of disputes, only the courts within the jurisdiction of Ghent, Bruges division have jurisdiction.
Any booking, shipment, or operation of any kind, unless specifically agreed otherwise between the parties, implies acceptance by the customer of the terms and conditions stated hereinafter.
The contract between EHS France and its customer is drawn up according to commercial use, including verbally in the event of an emergency. If the contract is drawn up by the authorized agent of the animal’s owner, the powers of thereof are established by providing documents relating to the animal, or by signing the shipping contract.
Complete instructions must be provided for each shipment: general and standing order instructions are not permitted. Customers retain sole responsibility for all the consequences arising from incorrect, incomplete, or late declarations or documents. EHS France is not obliged to check whether the information provided by the client is correct. Responsibility for carrying out the formalities or specific operations can, under no circumstances, be left to our initiative, except for the transportation itself.
The client must provide EHS France with all the documents needed for identification of the horse, list of the equipment and products accompanying the horse as well as all the information about the horse relative to his transport (vices, illnesses, allergies to medication, any specific instructions regarding form of horse’s exercise during transit stabling etc)
The customer must provide the equipment necessary for the attachment of the animal for which he/she requests transport, any protective equipment at his/her convenience, if he/she wishes the animal to be particularly protected, as well as the list of this equipment. EHS France cannot be held liable for injuries caused by this equipment or the poor use of this equipment, as well as any damage, loss or theft of the equipment accompanying the animal.
Horses that EHS France is entrusted with can find themselves excluded from the food chain, as a result of the provided medical treatment and/or vaccinations necessary for the export preparation to the third country, depending on the requirements of the importing country.
EHS France executes transportation of the animal having, unless otherwise agreed, the control of voice and means used for this purpose. It reserves the right to undertake “grouping” operations, in which animal shipments are grouped together from multiple senders or to the address of multiple recipients.
Any transport of live animals by road in French internal system is put in the special conditions proposed by the national committee (CNR) at the Ministry of Transport. These special conditions supplement or derogate from the general conditions for applying the rates of road freight transport (CATTRM) and the previous or following articles.
Under no circumstances EHS France can be held responsible for the schedule delays of loading, delivery and flight planning. All the extra charges resulting from the schedule changes out of EHS France control remain at the expense of the client.
EHS France is the holder of a civil liability contract. All the goods (including the horses) are sheltered, handled and/or shipped at the owner’s risk and are assumed to be insured, unless otherwise agreed in writing.
Knowing that EHS France is only liable for damages resulting from its own actions we strongly recommend you to insure all your goods, either by giving us precise instructions to do so (which should be repeated with every shipment concerned) or by undertaking the necessary actions yourself. Without explicit order from its client, EHS France do not arrange for any horse insurance.
Our prices are only valid if the shipment takes place according to the exact transportation instructions previously communicated when drawing up the quote. They may be revised if the service provided takes place more than thirty days afterwards or if the transport conditions changed. Prices can only be given for information purposes and as a rough estimate for the point of loading until agreed point of delivery. It must be noted that a solidarity obligation exists between the sender and the consignee for the payment of all transportation costs.
In case of cancellation by the customer of the animal’s shipment, he/she shall indemnify EHS France for any expenses incurred for the organization of transport and the agency fees.
All our invoices are due to be paid as per payment delay and conditions specified on the invoice. When the payment terms are specified on the invoice as ‘before shipment’, in case of non-payment of the full amount within this deadline, EHS France reserves the right to cancel the shipment at the last moment and invoice to the client all the cancellation fees as well as the services already performed. Documentation of the horse can be withheld until this invoice is paid in full. In case of non-payment in the month following the sending of the claim, the amount of the invoice will be increased by an interest equal to 3 times the legal interest rate (92-1442 Act of 31.12.92) and a fixed compensation for recovery costs amounting to € 40 (forty euros).
EHS France has on all goods entrusted to him, a right of preference and retention as security for all claims even born about previous or foreign operations detained goods. In the event of default by a debtor designated by a principal, EHS France reserves the right to recover the debt from the principal.
Any complaints regarding invoicing can be taken into account only if made in writting, within maximum eight days from the date of invoice. Any complaints regarding the animal’s condition or identification can be taken into account only if made in writing, within maximum three days from the date of delivery, as the Code of Commerce and the Warsaw Convention.
In the event of conflict between the parties, only the Court of Commerce of Senlis or the Court of First Instance of Senlis shall claim jurisdiction according to the commercial or civil quality of the customer. The relationship between EHS France and its customer is governed by French Law and any applicable international conventions.
EHS France may make changes to any products and/or services offered on the website and the social media, or to the applicable prices for any such products or services, at any time and without notice. The information published on the website with respect to products and services may be out of date, and EHS France makes no commitment to update the materials on the website with respect to such products and services.
Unless otherwise specifies, no part of the website and no content (logos, text, images & illustrations) may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without EHS France’s express prior written consent.
