Terms and conditions for providing services
The Company for production, trade and services ASTA TREJD DOOEL export-import Skopje, with registered seat at str. Oslo no.22B, Skopje, Republic of North Macedonia, with unique registration number 4909135, tax number 4030994219260 operating under the brand name ASTA ADRIA (hereinafter referred to as “ASTA ADRIA”) gives and provides services in the manner determined with these Terms and conditions for providing services (hereinafter referred to as “Terms and conditions”). The subject of these Terms and conditions is regulation of the rights and obligations of ASTA ADRIA and the Clients, which derive from their cooperation related with mediation with sale, booking, organization and payment of ferry transport on ferry routes and other inter-modal services for cargo vehicles (Trucks, Lories, Vans, etc.).
Definitions
Certain terms used in the Terms and Conditions have the following meaning:
"Terms and conditions for providing services" is the term for these Terms and conditions for providing services as well as all their subsequent changes and amendments that are binding for all Clients who use the services of ASTA ADRIA;
"ASTA ADRIA" is a legal entity acting as an official ferry agent that mediates in the sale, booking, organization and payment of the ferry transport on certain ferry routes and other intermodal services for cargo vehicles (Trucks, Lories, Vans, etc.), in the name and on the behalf of its Clients;
“Operator/s” is ferry operating companies and other inter-modal provider companies (trains, bridges, tunnels, etc.);
"Platform" is the website - https://epay.astaadria.com, through which electronic payment is enabled (virtual POS terminal) by the Clients for the services provided by ASTA ADRIA, through the use of payment cards;
“Client /s” is any legal entity that has duly filled in the Registration form and accepted the Terms and conditions and the Privacy Policy of ASTA TREJD for the purpose to use its services;
"Registration form" is a form by ASTA ADRIA which is filled by the Client, in paper or electronic form, with the requested data;
Manner of providing services
1 ASTA ADRIA is acting as an official agent and broker of multiple Operators, which provides its services through making reservation for ferry or inter-modal tickets on Client's behalf.
2 All services mediated by ASTA ADRIA on behalf of the Client, and provided by the ferry or inter-modal operators are regulated under the terms and conditions of each individual Operator.
3.1 ASTA ADRIA is not responsible for any damages arising from the services it provided, as well as damages from the Operators, damages occurred to the freight vehicles prior to embarkation on the vessels or after disembarkation from the vessels, and damages occurred on the ports, bridges, stations, tunnels or on the way to or from them. In case of any damage disputes between the Client and the specific operator, ASTA ADRIA will provide the Client with official information details and contact from the specific operator and will assist in accordance with its possibilities.
3.2 In case if the cargo vehicle does not succeed with embarkation or use the inter-modal service for any reason: ASTA ADRIA fault, Operatorfault, driver fault or any other reason, ASTA ADRIA shall not be held liable for any damage caused by missing deadlines. ASTA ADRIA does not guarantee, but will do its best efforts to find a next best solution for embarkation or inter-modal service of the cargo vehicle on the same line in question or any other close alternative line.
3.3 Any damage or other dispute which arises shall not void payment (invoices or pro-invoices) of the outstanding debts for the services provided by the ASTA ADRIA.
4.1 The Client shall provide the ASTA ADRIA its booking requests for services via written form, on the following email: cargo@astaadria.com or on the website: www.astaadria.com through a web request in accordance with point 4.2 of this Terms and conditions. The Client may use alternative methods of booking request at their own responsibility (Phone, Fax, SMS, Skype, Viber etc.). Due to the nature of e-mail and other current modern electronic communications, ASTA ADRIA does not guarantee the receipt of the booking requests and shall not liable for incomplete or wrong details or not received or not on time received booking requests. ASTA ADRIA shall not be liable for any loss of data though transfer of information via Internet.
4.2 The Client may apply for permit for access to the ASTA ADRIA online booking portal (web portal) and may use it to create its booking requests. ASTA ADRIA reserves the right to approve or deny access to the web portal at its own discretion. If applicable, the Client will receive exact details on how to use the web portal under the applicable terms and conditions.
5. Upon receiving the Client booking requests, ASTA ADRIA will process the booking requests and revert to the Client with the best possible offer, solution and space availability. ASTA ADRIA does not guarantee space availability and shall not be held liable. After the Client reverts with acceptance of the offered service, ASTA ADRIA will send a final confirmation to the Client.
Manner of payment
6.1 ASTA ADRIA for its service will issue to the Client a total pro-forma invoice or invoice with the freight rate corresponding to the service provided by the Operator,including the fee for ASTA ADRIA.
6.2 The Client commits to make payment based on the instructions stated in the pro-forma invoice or invoice regardless if the bank account or the electronic payment details are from ASTA ADRIA and/or other entity which has contract affiliation for such purposes with ASTA ADRIA and is authorized for the Clients country (Authorized entity). ASTA ADRIA reserves the right to change bank account or electronic payment details after the pro-forma invoice or invoice is already issued and sent to the Client.
6.3 In case of any changes to the payment method / bank account details / electronic payment: switching the Authorized entity, canceling the agreement with the Authorized entity, reverting to original payment to the ASTA ADRIA directly or any other payment terms issues, ASTA ADRIA will provide additional instructions to the Client how to proceed with payment of any outstanding debts.
6.4. ASTA ADRIA will issue a pro-forma invoice to the Client for service which will be completed in the near future. After completion of the service ASTA ADRIA will issue and send to the Client the invoice for finalized service. In case of difference in the amount from the pro-forma invoice, the final invoice will be amended accordingly with the correct amount corresponding to the service provided by the Operator including the ASTA ADRIA fee.
6.5 All freight rates and ASTA ADRIA fees are subject to alterations and many variations and will be confirmed for each booking request individually. Upon request by the Client, for specific services ASTA ADRIA at its own discretion and evaluation may decide to provide special freight rates and volume rebates as well as specific payment terms.
6.6. In case of incomplete, wrong or withheld details in the booking request sent by the Client or any other fault of the Client which affects the freight rate and therefore the total pro-forma invoice or invoice, ASTA ADRIA will additionally invoice/make amendments and sent new/amended documents to the Client for payment. In case of already paid amount, the difference up to the total amount will be paid by the Client immediately. Because of the above, ASTA ADRIA reserves the right to charge an additional guarantee service fee which will be used to settle any additional charges issued by the suppliers. This guarantee service fee or part of it, will be returned to the Client after completion of the service and the finalization of the exact rates for the same service.
6.7 After receiving the pro-forma invoice or invoice the Client is obliged to check it and state objections, if any, no later than 7 days from the date of the receipt. After those 7 days, all claims are void. By filling in the Registration Form, the Client agrees ASTA ADRIA to submit invoices / invoices in electronic form to the specified e-mail address and they will be considered properly received on the day of sending the e-mail.
6.8 If the Client additionally requests the pro-forma invoice/invoice to be delivered in written form to the delivery address from the Registration form, ASTA ADRIA shall send the pro-forma invoice/invoice at the Client’s expense.
Electronic payment
7. In addition to the standard payment methods, ASTA ADRIA offers the possibility for electronic payment with payment cards by the Clients through the use of the Platform. If the Client wants to make an electronic payment on any of the following grounds:
- Outstanding debt upon invoice for performed services;
- Outstanding debt for performed services by card status;
- Advance payment upon request for reservation;
- Advance payment upon pro-forma invoice for services;
will notify ASTA ADRIA in order to create a request for payment which it submits to the e-mail address of the Client.
Refund
8. Due to the complexity of the services in question, for each request for refund (full refund, partial refund, retention of funds with the possibility of their conversion) from the Clients due to non-performance of the service, deficiencies or inability to perform the service, legal obstacles or obstacles in the realization of the service, as well as in case of non-compliance of the service with the description of the service, in case of withdrawal of the user from the transaction before or after the realization of the service, ASTA ADRIA will decide individually, and will especially take into account the rules and regulations of the respective Operator of services as well as their fees and penalties for untimely cancellation or delay of the pre-booked term.
Contact
9.1 Any notice or other communication between ASTA ADRIA and the Clients shall be in writing and shall be send as follows:
If to ASTA ADRIA:
Address: Oslo 22 B, 1000 Skopje, North Macedonia
E-mail: account@astaadria.com
If to the Client: to thе contact details given in the Registration form.
9.2 In case the Client data from the Registration form or any other data which are important or influential for the cooperation are subject to change, the Client is obliged to inform ASTA ADRIA within 10 (ten) day, in contrary any delivery made to those contact details shall be deemed valid.
Data reliability
10.1 The Client are obliged and fully responsible for entry and use of reliable and accurate data in the Registration Form, the registration for making electronic payment on the Platform and the booking request for providing services.
10.2 ASTA ADRIA reserves the right, at any time, to request additional information and documentation from the Client, as excerpt from the trade register where the Client is registered and to request reevidention namely update of the data by the Client after a certain period of time.
10.3 The Clients are obliged to regularly amend, change or adequately update their data stated in the Registration Form.
10.4 ASTA ADRIA will be exempted from liability for compensation of any material and / or non-material damage that could be directly or indirectly caused due to the use of incorrect data or misuse of data by Clients listed in the Registration Form, the Platform, the booking request or in any communication with ASTA ADRIA.
Changes, acceptance of the Terms and conditions, applicable law and jurisdiction
11.1 ASTA ADRIA reserves the right to change these Terms and Conditions, as well as to terminate (temporarily or permanently), supplement or modify the services it offers, without obligation for prior notice.
11.2 When filling the Registration form, the Clients must explicitly declare that they have read and fully understand and accept these Terms and Conditions, as an essential step for using the services of ASTA ADRIA. By signing the Registration form and using the services of ASTA ADRIA, it is considered that the Clients are at all times acquainted with these Terms and Conditions and that they fully comprehend and accept them. These Terms and Conditions as well as all their subsequent changes and amendments are binding for all ASTA ADRIA Clients and they have the effect of a bilateral agreement.
11.3 In case of change of these Terms and Conditions, the date at the end of the same will be revised. ASTA ADRIA will inform the Clients for changes of the Terms and conditions via e-mail to the contact details given in the Registration form. If some of the Clients do not agree with the changes, they should deliver a written notification and top using the services of ASTA ADRIA. The Clients are obliged to comply with these Terms and Conditions and to be up to date with any changes.
11.4 All matters between ASTA ADRIA and the Clients, which are not regulated with in these Terms and conditions, shall be governed by the relevant legal regulations of the country in which the Client is established and registered.
11.5 All disputes between ASTA ADRIA and the Clients, which may arise and cannot be resolved amicably, shall be settled by the courts in the country in which the Client is established and registered.
Published on: 01.12.2020