As a freight forwarder, Chronotruck organizes the shipments of an ordering party (hereinafter the Sender), selecting a carrier (hereinafter the Carrier) and ensuring the smooth running of the service provision. Chronotruck invoices the ordering party on the fare basis applied to so-called services and enters into contract with the carrier who invoices it in turn.
Chronotruck acts as a freight forwarder, duly registered with the Regional Directorate for Environment, Development and Housing (DREAL), and has all the guarantees of professional liability (insurance) that comply with this activity. It thus brings to clients ordering party all the guarantees specific to this activity, in particular as regards the good achievement of the service.
Chronotruck provides its service through its web portal (hereinafter the Website) and its mobile applications (hereinafter the Application).
Services can be ordered by companies only. A private individual cannot use the Services offered by Chronotruck.
Transport services are achieved by road hauliers exclusively: domestic road transport or international road transport, in both cases in Europe.
The present terms and conditions (hereinafter the conditions) aim at defining the execution of transports through Chronotruck’s services, regarding the senders and the carriers (hereinafter the users). The conditions determine the contractual relationship between Chronotruck and the senders, and between Chronotruck and the carriers.
Chronotruck charges the sender based on the agreed price and deals with the carrier which then charges Chronotruck for the transport performance.
The use of Chronotruck involves unreserved acceptance by the user (sender or carrier) of the conditions on the date of the mission.
The agreement between the parties (between Chronotruck and the Senders on one hand and between Chronotruck and the carriers on the other hand) on the applicable conditions to the services is composed of the following documents, in decreasing order of priority:
The rights and obligations of the parties that are not dealt with in the present conditions and that do not go against them, are determined by the General Standard Transportation Contract or by the CMR convention, in their version on the date of the mission.
The users acknowledge that every complaint, for any reason, will be treated on the basis of these conditions, in their version on the date of the mission.
The handing-in of the goods to the carrier means a direct and unreserved acceptance of the present conditions.
The present conditions are applied to all the services from Chronotruck, despite the contradictory, opposite or additional conditions of any purchase order or any other document from the user.
The contradictory, opposite or additional conditions will not be considered as accepted conditions by Chronotruck, except if Chronotruck expressly confirms its acceptance in writing.
The users (senders or carriers) waive compliance with their own General Conditions (of Purchase or Sales) or particular conditions or other conditions from them which could, in certain cases, appear in their purchase order, delivery note, CMR or any other document.
The General Terms and Conditions for Use of the service are made available to Users on the Website and on the Application. In order to reflect legal changes or changes in the Services, Chronotruck may modify the General Terms and Conditions for Use at any time and without notice.
Users will be informed by e-mail and via news published on the Website and on the Application. Users refusing the modifications to the General Terms and Conditions for Use will not be able to use the services anymore.
Application: the mobile applications available on any electronic device allowing access and use of the service.
Delivery note/consignment note/CMR: This is an official document that finalizes the contractualization of the service requested by the customer and conducted by the carrier. The note includes, in particular, the description of the goods to be transported, the pick-up and delivery addresses, and any reservations that have arisen as a result of a litigation.
Internationally, this document is set in a specific way, according to the Convention on the Contract for the International Carriage of Goods by Road (known as CMR). Each Carrier is free to use its own delivery note/consignment note/CMR, but waives the application of any contradictory clause to these conditions which would be provided within this document.
Exempting case: Every event or circumstance that cannot be reasonably controlled by Chronotruck and the carriers are considered to be exempting cases. These events or circumstances can be (but are not limited to) electrical or photographic damages, or the erasing of those ; any hidden defect or flaw linked to the nature of the goods, even if Chronotruck and/or the carriers know about this nature ; any hidden defect or flaw from the packaging or protections, the marking and/or labeling of the goods ; any action or omission from a person who is not a Chronotruck employee or a contracting party with Chronotruck or the carriers (for instance, loader, consignee, sender, recipient, third party, customs official, or any other government agency) ; any governmental or legal restriction ; any case of force majeure such as a war, a plane accident or embargo, riots or civil unrest, union action, strikes, sabotage, terrorist act, civil strife, natural events (for instance: natural catastrophe, earthquake, cyclone, storm, flood, fog, hail, fire from natural causes), health crisis and blockading of transports or supplies for any reason independant from Chronotruck and the Carriers.
Parcels - Merchandise: means the products and goods for which a sender does a transport request from point A to point B.
Freight forwarder: hereinafter referred to as a transport organizer; any service provider is defined here as organizing and implementing, under his responsibility and in his own name, in accordance with the French law in force and particularly the provisions of Article L 132-1 of the Commercial Code, the carriage of goods by the ways and means of his choice, for a principal account.
Sender: refers to the user who may be the source of delivery request, and who can request the services from Chronotruck. It may also be a business of all types of professional activity, as well as more specifically, a business of freight forwarders looking for subcontractors. It may also be any French or foreign commercial law company governed by European tax law and having to comply with French law on trade and taxation when placing an order for transport through the services offered by Chronotruck.
Services: all of the services offered by Chronotruck on the website and application.
Website: matches the www.chronotruck.com website providing access to Chronotruck services.
Carrier: any undertaking authorized to conduct road transport services with its own unique vehicles and registered for this purpose with the DREAL (Regional Directorate for Environment, Planning and Housing) and the Police Headquarters of its registered office and which in the framework of the Chronotruck service actually performs the service as the actual carrier of the goods, excluding any subcontracting activity.
User: any company that is registered on the Chronotruck site and wishes to make a request for transport services (sender) or to carry out transport (carrier). More generally any company using the service or its employees or subordinates using all or part of the service.
The registration on Chronotruck website for the services is done via the website and is free.
The User needs to complete a dedicated form made available to him, according to accessible online instructions, and to provide the required information for his identification. He must fill in all fields identified as mandatory on the form.
The User agrees to provide truthful, accurate, up-to-date and full details about his identity, the identity of his company and any information requested in the registration form.
Chronotruck cannot be held accountable for the consequences of a wrong or a lack of information, or for inaccurate information communicated by the user.
The User chooses a personal and confidential username and a password, in order for him to use the services accessible on the website and dedicated to registered users.
Chronotruck is not liable for:
The selected username matches an User’s e-mail, allowing to communicate with the latter. The user has to keep their username and password confidential at all times.
The user is responsible for the use of their username/password by anyone. The registered User will receive an e-mail message at the address he communicated, confirming the validity of his e-mail address and his registration. As soon as this is validated or when the user logs in to the website, the user is registered on the website for an indefinite period.
Following their registration on the website, the User gives Chronotruck the right to use the given information in order only to provide the services at their disposal on the website, in particular the proper performance of the requests by the User for the Carriers looking for transport missions. Data collection and processing details are explained in the dedicated article.
The user agrees to regularly update his personal information. They may carry out any necessary changes to the registration data provided when accessing the services after identification.
They may decide to terminate their registration through email to the address email@example.com at any time. The cancellation will come into effect within a maximum of 7 (seven) working days after receipt of the said email by Chronotruck, if all of the transactions in progress with the User (in particular the possible payments of services) are completed.
Login details and personal data will then be deleted from the application and the remaining data will be archived according to the data collection and processing policy of Chronotruck depending on concerned data, as detailed in the dedicated article of the present Terms and Conditions.
The user agrees to:
In the event of the User being non-compliant with those commitments, Chronotruck reserves the right to send them warnings or to temporarily or permanently suspend their User account and deny them access to part or all of the services. This temporary or permanent, total or partial suspension will be notified by Chronotruck to the email address registered by the concerned User, without warning or justification.
The company using the services must be legally registered with its country of origin and be able to present, on request, its registration number: SIRET and / or SIREN, or equivalent for any country other than France.
The company using the services has to provide a VAT number and has to deal with payouts of the value added tax which it is subjected to, or not subjected to, whether it is in the country where the transport missions were performed, or in the head office country.
In the event of a possible exemption from VAT, the latter will still be invoiced to the sender and may be reimbursed (in the event of a dispute or compensation), via Chronotruck, and the sender will do their own exclusive business of the payouts of the VAT with the concerned state, without the carrier conducting the transport performance, nor Chronotruck being able to be troubled in any way whatsoever if the sender fails to fulfill their obligations.
Unauthorized goods: Chronotruck will not provide any transport services for the following goods:
Reporting requirements: the user has to give Chronotruck the precise instructions required to properly execute the transport missions, at the appropriate time.
Chronotruck and the carriers are not responsible for checking the documents (commercial invoice, packing list, etc.) provided by the sender.
The user agrees to communicate to Chronotruck the characteristics of the entrusted goods (composition and classification of the goods, value of the goods, packaging, number of units per package, dimensions of the package, height and type of pallets, weight, safety rules, storage and handling obligations, etc.) and to inform Chronotruck of the changes in those characteristics without delay.
The user will bear alone the direct or indirect consequences of any incomplete, wrong or late declaration concerning the information above. They will insure Chronotruck against any damage, expense, cost, fee or charge, of any nature, coming out of such a declaration.
Packaging / Labeling: the goods must be packaged, labeled, branded and countermarked, in a way to hold during the transport services executed within normal conditions, and during the successive handling operations.
On every package, parcel or load support , a clear labeling must be done to allow an instant and unequivocal identification of the sender, the recipient, the delivery place and the nature of the goods.
The sender is held responsible for any consequence of a lack, a deficiency or a default of the packaging, the labeling or the branding, and for any failure at the obligation of information on the nature and particularities of the goods.
Dimensions and weight of shipments: every carrier reserves the possibility to check the weight declared by the user and Chronotruck can rectify any mistake in the weight. The weight taken into account for the invoice of the shipment (rounded up to the superior group) will be the heaviest between the volumetric weight and the real weight, as calculated by weighing on a certified equipment, in keeping with the regulations of the dimensions and weight.
Furthermore, Chronotruck reserves the right to not fulfill the transport mission if the gap between the declared weight and the real weight makes the transport mission go against regulations and rules.
Either way, the user is the only party responsible for the consequences of wrong, incomplete, late or inapplicable information, whatever they are, without any recourse against Chronotruck.
Loading / Unloading: The handling is the responsibility of the sender for every shipment above 3 tons. The sender is responsible and neither Chronotruck, nor the carriers can be held accountable in case of damages, spendings, costs, fees, whatever their nature, which can come from and/or be linked to handling operations.
The sender will insure Chronotruck against any reclaim resulting from loading and unloading operations.
Right of inspection: The carriers have the right to open and inspect every shipment without notice.
The carrier must be registered with DREAL at its registered office, or its equivalent for countries outside France, so that Chronotruck can verify that it fully complies with all the regulatory requirements required for the exercise of its profession, namely, and without limitation: professional competence of the Carrier, financial capacity, professional capacity of the manager, transport licenses and licenses per vehicle used. The carrier must be able to prove that he / she has the statutory insurance compulsory for the exercise of his profession.
In addition, upon first accepting an application on the site, the carrier must provide:
These documents should be sent to Chronotruck each time there is an update.
All such documents shall also be communicated immediately upon the explicit request of Chronotruck. The impossibility for the carrier to provide Chronotruck's explicit request for all of this information within 24 business hours can justify its immediate exclusion from the portfolio of carriers referenced by Chronotruck.
This exclusion will be notified by Chronotruck to the email address registered by the Carrier.
The use of the services includes the geolocation of the vehicles of the carrier thanks to the smartphones of the drivers or any other means implemented by the carrier connected to the Chronotruck website or mobile application.
If they have not already done so, the Carrier undertakes to make a declaration to the French National Agency regulating Data Protection (CNIL) according to the simplified standard 51 as regards the geolocation of employees' vehicles.
In addition, they undertake to inform all their employees about the use of the Chronotruck geolocation service.
They must do so by posting or hand-delivering a memorandum to each person involved. This memorandum itemizes the modalities of the treatment, its purpose, recipients of the information and the period of retention, as well as the rights of access and rectification and opposition for legitimate reasons. It should also mention the possibility of disabling the geolocation function or any other comparable implemented means, in particular if the geolocated telephone is used outside business hours. Chronotruck provides the carrier with a memorandum template, but cannot be held accountable for any responsibility regarding the need for the carrier and their employees to respect the regulations/rules above.
In the event of a VAT exemption, the VAT may still be paid to the carrier or refunded to Chronotruck (in case of dispute or compensation) and the carrier will have to deal exclusively with the repayment of VAT to the carrier without the other parties being able to be troubled in any way whatsoever if the carrier fails to fulfill its tax obligations.
The carrier must respect all of the applicable rules and regulations, especially those for transport and customs laws. The carrier is responsible for every damage resulting from the non-compliance of regulations.
Length of work time: the carrier must respect the applicable terms and regulations about time and length of work and of rest. In that respect, the carrier must provide equipments with devices to control the length of activity of the drivers.
Documents for transports: the carrier must have and equip every vehicle of every document needed for the transport missions. They must possess and proceed with every control device required by rules and regulations. They must fill in consignment notes corresponding to the goods transported. Every document issued for the execution of a transport mission are submitted to the dispositions of these Conditions.
The carrier must apply all of the rules of labour law to themselves and their employees. The carrier controls and deals with the work of the drivers and must fulfill all of the obligations of an employer towards the drivers.
The carrier must respect the regulations installed to fight illegal work especially, and must provide the documents and certificates mentioned above and ensure they are up to date. The legality of the situation of the carrier’s employees is an essential condition, the infringement of which could lead to the immediate suspension of the carrier’s account by Chronotruck.
Safety at work is an absolute priority for Chronotruck.
For this reason, Chronotruck asks for their partners and subcontractors to show perfect respect to the rules and regulations about hygiene and safety (road traffic, safety equipments…), as well as to implement a preventive policy against alcohol, drug or illegal substances consumption, which could affect the employee’s ability to work safely.
The carrier must respect safety rules (especially security protocols, prevention plans) applicable on the sites where they can perform a part of the transport missions.
The carrier must make safety equipments necessary for the execution of the mission (work clothing, safety boots, reflective vest or other highly visible clothing, gloves for general handling work…) available to the driver. If specific equipments are required, it will be specified on the transport request.
The carrier must inform Chronotruck immediately of any incident susceptible to bear consequences on the good execution of the transport missions or on the integrity of the goods being transported. It is absolutely forbidden for the carrier to transfer the goods by any means, unless otherwise requested in the transport request and authorized in writing by Chronotruck. The carrier must respect the applicable norms of the user and/or of Chronotruck regarding the transport missions.
The carrier authorizes Chronotruck or one of their authorized representatives to proceed with the control of the conformity of the vehicles and of the documents on board, amongst other verifications, at any time.
The carrier performs the transport with adapted equipments for the goods as well as for the accesses and infrastructures for loading and unloading. The vehicle(s) or truck(s) used are up in good conditions of use, of presentation, of cleanliness and of care (inside and out), and in compliance with the diverse regulations in place.
If a GPS tracking system is not available on board, the driver needs to have a cellular phone with him, in order to be able to communicate at all times. The carrier needs to inform Chronotruck of the goods geographical location and of the delivery date when asked.
Some specific needs regarding equipment can be mentioned on the request for transport.
The driver acknowledges the need for experience, care and respect of confidentiality. He has the professional skills compatible with driving a vehicle and using equipment. If needed, he knows the nature of the goods transported and he is able to transport them.
The employed driver is attending for the carrier, which has total control and responsibility for the execution of the transport mission.
The carrier needs to remind their driver that they directly contribute to Chronotruck’s image towards their clients and third parties. In this respect, the carrier commits to forbid and condemn any behavior susceptible to damage Chronotruck’s reputation (neglected clothing, aggressive or nonchalant attitude, etc.).
The carrier commits to never hold the goods he is transporting back by any means.
It is forbidden for the carrier to constitute or apply privileges, charge, pledge or any other title, or to hold goods back for payment guarantee.
Even in case of a conflict with Chronotruck, the carrier irrevocably commits to return the goods he could hold back to their owner from the very first demand from the owner and/or from Chronotruck.
The carrier will compensate Chronotruck and the sender for, and will insure them against the consequences of the following situations:
The carrier needs to subscribe to insurance with a reputably solvent insurance company covering their diverse contractual road carrier responsibilities. This insurance policy shall absolutely cover any risk, damage, loss of any nature and thefts noticed on the goods in any case and, especially, theft of vehicles and trucks with their load. The intentional misconduct and inexcusable misconduct of the carrier’s employee must be absolutely insured.
Unless otherwise specified on the mission order, the carrier’s insurance policy must contain a guarantee ceiling at least equal to the entrusted goods and of a minimum of 250.000€ per load.
In case of the carrier’s insurance policy containing a franchise per loss, the carrier shall be the one to bear the said franchise. Chronotruck shall be compensated for the total amount of the prejudice.
The carrier must also subscribe to insurance covering their civil liability on one hand and their civil liability in respect of the use of motor vehicles on behalf of Chronotruck with a reputably solvent insurance company, in accordance with the national and European regulations regarding traffic. Those policies shall contain satisfying guarantee ceilings regarding the risks of their activity. The applicable deductible franchise shall remain entirely at the expense of the carrier.
The carrier needs to provide Chronotruck with an insurance certificate prior to executing the transport missions in order to certify they are insured regarding their general civil liability and their civil liability in respect of the use of motor vehicles. In case of a renewal of said insurance policies, the carrier commits to updating the insurance certificates and to ensuring that Chronotruck always has updated certificates.
The carrier commits to giving complete and exact information about their financial situation, as well as copies of their certified current financial statements upon request by Chronotruck.
Chronotruck reserves the right to control the good execution of the missions and the original versions of the documents given by the carrier, at any time.
The carrier allows Chronotruck to access their documents, registers, electronic files, correspondences, written instructions and plans regarding the missions. The carrier must keep their registers for at least five years (or a longer period of time if specified in applicable laws). They commit to facilitate audit operations from Chronotruck and/or their clients.
In accordance with article 228 of the French Act of 12 July 2010 on national environment commitment, the carrier, whichever their nationality, shall be obliged to provide Chronotruck with information on the Co2 used during the provision of transport. Chronotruck provides a minimum estimated basis calculated for a SPL Heavy duty, available in the sender’s member area and on his bill. Nevertheless, the carrier shall be obliged to provide Chronotruck with accurate information calculated on the actual vehicle used, in particular if the sender requests it.
Chronotruck, a freight forwarder, fosters the direct link between the sender and the carrier carrying out the mission through its website and its applications. As such, the carrier having accepted the transport request submitted by a sender, is responsible for the good execution of the mission and therefore waives any exclusion of liability related to an appeal against a potential sub-contractor.
Similarly, the rating assigned by the clients cannot be challenged because of the use of a potential sub-contractor. The use of a carriers' network is authorized as soon as the carrier having accepted and booked the provision notifies Chronotruck and continues to comply fully with its legal obligations referred to in these conditions regarding Chronotruck and the sender (in particular direct compensation). In the event of breach of its obligations, Chronotruck may declare the immediate exclusion of the carrier involved from the services. This exclusion will be notified by Chronotruck to the carrier on the email address used by themselves when registering.
Chronotruck does not guarantee to the carriers a selection by senders. Nor can the sender have the ability to choose a specific carrier for the delivery of the goods. Chronotruck does not guarantee the sender the ability for carriers to answer on the website and accept the requests. The Users of the services act with full knowledge of the facts and are responsible for the services performed via the website and their potential consequences.
The control of the quality of the transport services will mainly be made through the ratings and the analysis of disputes that senders and carriers are invited to declare following the fulfilling of transport missions as stated in article 12.
It should be stated that, in the framework of the follow-up of the quality of transport services provided through Chronotruck, the non-resolution of a dispute between a sender and a carrier may give rise to the exclusion of the carrier and/or the sender from the services, upon Chronotruck's request, without prior warning or notice, that users expressly acknowledge. Similarly, Chronotruck may exclude any user whose actions would be contrary to these conditions of use, including but not exclusively, because such behavior would entail or could lead to a potential dispute with the other party. Exclusion from the services will be notified by Chronotruck to the user on the email address used by themselves when registering.
In case of external events such as, without limitation, Coronavirus (“External Event”), making it possible to fulfill a transport mission but possibly affecting the conditions of realization of said mission and generating additional charges, price supplements, delays, quality shortcomings, Chronotruck will inform the sender at the earliest opportunity. Chronotruck and the carriers will do their best to try and still execute transport missions in the best respect of the requests.
However, depending on the nature, duration and/or consequences of the external event, Chronotruck could be obliged to decide to suspend all or part of the transport missions to come or started, affected by the external event.
In this case and in order to allow the sender to find alternative solutions in the best delays, Chronotruck will inform them by writing in maximum 24 hours from their decision date, precising the nature of the external event, the suspended transport missions and the duration of said suspension.
At all events, Chronotruck and their carriers cannot be held responsible for the delays, additional charge, and consequences of whichever nature linked or related to the external event. Any fee, expense, additional charge or compensation of whichever nature suffered by Chronotruck and/or the carriers related to the external event will be at the expense of the sender. Therefore, the sender commits to compensating Chronotruck and to proceeding with payment of any invoice corresponding to the missions linked with the external event and sent by Chronotruck, upon first request.In case of a suspension of ongoing transport services, the sender will have to pay Chronotruck for the part of the mission that was fulfilled until it was suspended.
Chronotruck charges the sender for their transport mission according to a scale described in Article 11.
Chronotruck, which deals with the carrier at the time when they book a transport mission, is charged by said carrier according to another scale. The carrier has access to the scale of the sender, in order to prevent any confusion regarding the amount of money for the mission.
On the basis of the specificities of the request for transport given on the website by the sender, the applicable pricing is calculated by Chronotruck depending on the price algorithm developed by themselves. Pricing is determined depending on multiple criteria, such as (without limitation): estimated time of driving, estimated time of handling, medium cost price of the occupation and indicators of cost price given by the CNR (National Road Comity), the volume and size of the goods to transport, the urgency of the service, as well as laws, regulations and international conventions especially regarding wage and transport regulations.
Prices communicated by Chronotruck to the sender do not include, without limitation, the following costs, which could be charged separately to them:
On the basis of the information given by the sender, a quotation is established by Chronotruck and transmitted to the sender via the website. By validating their request on the website, the sender unreservedly accepts the quotation from Chronotruck.
However, this transport request with the pricing given in the quotation by Chronotruck will only become a proper order with binding nature for Chronotruck as well as for the sender when this request is booked by a carrier. Therefore, the sender has the possibility to cancel their request on the website without any fee, as long as it has not been booked by a carrier.
After acceptance by a carrier, the quotations bind both parties: sender and carrier, which commits to fulfill the transport mission. Any cancellation leads to penalty fees for the party which decided to cancel. The penalty fees are described in article 14. The parties acknowledge and accept the fees.
On this basis, the volume, weight, dimensions of the different goods and parcels, the addresses of loading and unloading, and all the notes linked, as well as the options mentioned in the accepted and validated quotations , have to be maintained during the whole duration of the contract.
A change in pricing will be applicable in full right in case of a change in one of the elements of the price accepted by the sender, or of a mistake from them, including and without limitation: inaccurate dimensions or weight, inappropriate equipment for handling, non indicated or difficult truck accessibility, non specified specific accessibility, or any other lack of information in the declaration of the needs for the transport services requested.
In that respect, it is specified that during the input of a request for a transport mission, the client has the possibility to make notes regarding the specificities of the request they are making. The client is responsible for any consequence of a lack of or a deficiency in the notes.
In particular, the client commits to take full responsibility for any lack of information or declaration on the nature or the particularity of the goods, especially regarding dangerous goods.
In between multiple orders from different senders, pricing may vary depending on the different cost prices which have an impact on the transport missions.
For this reason, Chronotruck only guarantees the communicated price at the time of validation by the carrier for a transport mission and cannot guarantee the same price for the same transport mission another time.
Chronotruck’s will is to guarantee carriers prices at least equal to their cost prices. It is recalled that sales below cost is strictly forbidden according to French law.
Options are applied depending on the clients’ demands and are susceptible to be adjusted.
However, the options fares will always be displayed prior to any order, so that transparency is preserved.
The options fares will be accepted at the time of validation of the request for transport by the users.
The price of the transport missions are determined in the transport request accepted by the carrier.
The price for the carrier is fixed, definite and all-inclusive (including tolls, tax on diesel, tunnels, bridges, etc.): no fee, charge, additional cost or increase of any nature can be charged to Chronotruck after validation of the quotation, except for the failure from the sender in the description of their request for transport.
All of those pricings and costs are exempt of VTA. When such a VTA or similar tax is charged by the carrier, they need to create an invoice and specify this tax in a separate line.
Chronotruck charges the client for the transport mission according to the quotation established following the rules described above and accepted by them.
Chronotruck, as freight forwarder, deals with the carrier which has accepted to fulfill the transport mission requested by the sender on the website or on the application. The carrier charges Chronotruck for their transport mission according to the price established with Chronotruck via the services.
The senders and the carriers expressly authorize Chronotruck to deliver each invoice in electronic format.
Invoicing and payment modalities are specified on the website and on the application during the validation of the quotations by the senders and the carriers.
In no way can the sender pay the carrier directly without respecting the payment modalities at their disposal on the website.
Payment through the website guarantees the possibility to benefit from Chronotruck’s services before, during and after the transport mission to the users.
In the event of a delay in payments, the following penalties will be applied:
In case of loss, damage or any other prejudice suffered by the goods, such as a delay, it is for the sender to carry out any action useful for preserving a recourse, or else no warranty claim could be exerted on Chronotruck or the carriers.
Every litigation that happened during the transport mission, whether it is during loading and/or unloading or during transport itself, whether they are about goods or not (delay, accessibility, etc.) need to be noted as “reservations” duly reasoned and stipulated on the delivery note or the CMR.
Those reservations absolutely need to have been signed (signature by a person able to represent the company at loading or unloading) on the relevant transport document.
It is recalled that the packaging, the wrapping, the marking and the labeling of the goods are the sender’s responsibility.
Consequently, the sender commits to taking responsibility for any trouble of packaging, wrapping, marking or labeling of the goods transported.
Chronotruck makes a web platform and phone lines available for the senders and the carriers, allowing them to deal with litigations linked to transport missions.
Chronotruck will intervene in managing the litigation as freight-forwarder.
After having studied the dispute, Chronotruck will have full authority to deliver an opinion according to the contractual and legal applicable conditions, and to adjust the price of the transport mission upwards or downwards. As the case might be, to apply penalties described in article 14, which users recognize and agree to.
Consequently, Chronotruck will proceed with any compensation on the means of payment communicated by the sender and the carrier. The users recognize that Chronotruck’s decision will be imposed upon them and they commit to not opposing the potential compensation on their means of payment.
As part of the services offered by Chronotruck, and more specifically their intervention in managing litigations, the sender must imperatively send a copy of the letter of confirmation of the reservations in paper format to Chrontoruck, with the copy of the receipt and of the delivery note or CMR from the mission concerned, and any other document linked to the dispute. Chronotruck can interrogate both parties of the dispute and ask them for any information or additional element.
It is recalled if needed that the mentions “subject to opening”, “subject to control” sometimes indicated by the recipient on the transport document have no legal value.
If the sender’s responsibility was to be engaged by the carrier, they would need to show proof by any means necessary to this effect: photographs of the goods with state of the pallets, parcels of packaging, accessibility not mentioned and not settled upon for a heavy truck, incorrect addresses, necessary options not selected, etc. The declaration of the driver having fulfilled the mission alone cannot be taken into account.
Neither Chronotruck, nor the carrier, can be questioned if the different documents that constitute legal proof of the litigation are missing, incomplete or sent after a legal deadline.
The following damages, including Chronotruck’s commission, will be calculated and payable to the ordering party:
In case of delay, the client can be entitled to the following compensations:
All of these compensations are subject to a formal demand by email on the following address: firstname.lastname@example.org.
Generally speaking, in case of a delay in delivery, a claim for compensation of all the justified damages cannot exceed the price of transport (law, taxes and diverse costs included), and excludes direct, indirect, material and immaterial prejudices such as a loss of market shares, of profit, of chance, deprivation of use, production shutdown, etc.
This clause applies to every case without exception and fits in the field of application of the French Contrat Type for the transportation of goods by road or the CMR Convention (see appendices) in full right.
In the case of a change of the weight of the goods before transport or during the mission, the carrier has the right to demand some additional fees.
Those fees will directly be added to the invoice intended for the sender by Chronotruck.
The client will be notified of those additional fees via phone call and/or via email with the contact information registered on the sender’s account.
In the case of a change of the size of the goods before or during the mission, the carrier has the right to demand some additional fees.
Those fees will directly be added to the invoice intended for the sender by Chronotruck.
The client will be notified of those additional fees via phone call and/or via email with the contact information registered on the sender’s account.
It is recalled that in this case the responsibility of the sender can be questioned if the transport mission concerned brings the carrier to exceed the authorized payload on their truck. In this case, any fee will be passed from the carrier on to the sender, who acknowledges that.
The carrier also has the right to refuse to load and charge some fees if it is not possible to fulfill the mission anymore.
In case of inaccessibility of the address for loading, the carrier needs to be able to prove their passing by any means available (GPS tracker, signed CMR…). The carrier has the right to claim extra costs for passing.
Those fees will directly be added to the invoice intended for the sender by Chronotruck.The client will be notified of those additional fees via phone call and/or via email with the contact information registered on the sender’s account.
The client will then have two possibilities:
In case of inaccessibility of the address for delivery, the carrier needs to be able to prove their passing by any means available (GPS tracker, signed CMR…).
The carrier has the right to claim extra costs for passing in the following cases:
The client will be notified of those additional fees via phone call and/or via email with the contact information registered on the sender’s account.
The client will then have three possibilities:
Cancellation of an order before it is booked by a carrier is possible at any time through the client’s online space, and is free.
In the case of a cancellation of an order after it has been booked by a carrier, some cancellation fees may apply as follows:
The “days” mentioned above are working days.
In case of cancellation by the carrier the day before loading (working day), before 12pm, Chronotruck will look for a new carrier to fulfill the transport mission for the same price.
In case of cancellation of an order by a carrier between 12pm the day before loading (working day) and loading time, Chronotruck will look for a new carrier to fulfill the transport mission.
With the urgency of the search, additional transport costs will be charged to the carrier which canceled the order.
In case of a modification of the address of loading and/or delivery, a tariff proposal will be made by Chronotruck to the client for validation before starting the mission.
In case of loading or unloading of the goods leading to a stopping of the vehicle of more than:
Any additional hour of waiting time will be charged 60€ to the sender, pre tax price. Any started hour is due.
In case of multiple addresses at loading or unloading, a tariff proposal will be made by Chrontoruck to the client before starting the mission.
Chronotruck has taken out a “Third Party Shipper” transported goods insurance policy, through an administrative brokerage: Filhet-Allard & Cie.
The sender has the possibility to take out an insurance called “ad-valorem”, via the aforementioned contract, in order to cover the value of the transported goods, at the moment of sending the request for transport. The price of the ad-valorem insurance is always indicated before any agreement.
No insurance is subscribed by Chronotruck without written order, which needs to be validated by computing tools and repeated for each and every order by the client, for the values to insure. The conditions of the insurance policy can be found in the appendices of those terms and conditions, and are considered as known by the client when they take out the ad-valorem insurance.
The deductible franchises will be charged to the sender. Unless otherwise specified, only the ordinary risks will be insured (except for war and strike risks). Under these circumstances Chronotruck cannot be considered as an insurer in any case.
An insurance certificate can be sent if needed, upon request.
Chronotruck services are available 24 hours a day, 7 days a week, except in cases of force majeure, technical and / or computer difficulties and / or telecommunications and / or maintenance period.
Chronotruck reserves the right to, at any time and without delay, interrupt definitively, suspend and / or modify access to all or part of the website without the right to compensation for the benefit of the users.
Users must have their own Internet connection to access the website, with Internet user fees being the responsibility of the users .
Users must ensure that their Internet connection is reliable and has effective anti-virus protection. The downloading of all the parts and files made available to the users is under their responsibility. Chronotruck does not guarantee their quality or their ability to carry viruses or not.
The personal information collected by Chronotruck as part of the services is the subject of an automated data processing registered with the CNIL under the number 1867209 and of which the person in charge is Chronotruck.
The purpose of this treatment is to bring senders and carriers into contact with each other in order to ensure that transport requests are made. In order to provide the best service to its prospects and customers, Chronotruck keeps their data as long as their account remains active and then archives them for statistical purposes in an anonymised manner using an irreversible transformation process. Chronotruck terminates the accounts of inactive users for a period of 36 months, and archives data related to them.
In accordance with Law No. 78-17 of January 6, 1978, the user has the right to access, rectify and oppose all their personal data by writing by a letter and proving their identity to email@example.com.
The company undertakes to provide a response within a maximum of 7 working days after receipt of the said email. The user may access their data or change via their member area, at any time. Chronotruck acts in a BtoB setting and does not intend nor has received authorization from its users to exploit their data for BtoC purposes.
For example, any user who leaves its company may at any time request the deletion of their personal data transmitted to Chronotruck, especially their first name, family name and email, especially if the latter reveals their identity, always subject to the unwinding of ongoing operations, and according to the requirements of accounting by Chronotruck.
Users are informed that data, content collection and processing of said data and content provided by their care have for sole purpose the execution of shipment requests made by senders by finding available carriers.
They are carried out in a proportionate manner for that purpose. Chronotruck uses identification data of each sender and each carrier and their users (family, name, first name, identifier, email address, VAT number, phone number...), and also data relative to the execution of a shipment, including internal messages, geolocation of drivers who use its services and any other data that may be requested on the platform.
Chronotruck can also use any historical data transmitted by the user such as a shipping plan or budget or past shipments listings.
Servers and data are hosted in a physically secure and SOC 1 type 2 secure and ISO 27001 certified data center. There is no data storage on in-house servers (including personal computers) to prevent personal data theft (in case of offices’ break-in). Access to those servers is restricted by SSH keys, with only 2 people of the IT department having security clearance to connect to them. Chronotruck's hosting service provider is PCI DSS-certified with no access granted to any public or tax administration, nor to any government or other third-parties.
Data relative to any shipment are only used for the purpose of the service provided by Chronotruck. No data is sold or rented to any third party: all of the data is intended for internal use, for the sole purpose to carry out and improve the service. Chronotruck may appeal to subcontractors for specific treatment activities, always in the context of the intended purpose described above. As part of a shipment request booked by a carrier, personal data of the sender such as its name and first name (but not its e-mail) or its telephone number and any personal information that could be given by the sender in the comments area on the request will be sent to the carrier in order to ensure the execution of the shipment. Conversely the name and surname of the driver assigned by the carrier will be communicated to the sender. The geolocation of the driver is used in combination with the identity of the driver only to check the availability of a driver by Chronotruck for a shipment request and in the follow-up tracking of the mission assigned to the driver: in the latter case, in addition to Chronotruck, the sender is the recipient of this tracking data. The geolocation of the driver is also available for the carrier who enrolled him on the Chronotruck platform, as long as the geolocation system is activated by the driver in the application. Chronotruck requires through the present Terms and Conditions that its users - senders and carriers - carry out processes which respect the obligations imposed by the General Data Protection Regulation (GDPR) and keeps an updated and exhaustive mapping of processes to ensure this point.
To ensure the respect of the General Data Protection Regulation (GDPR), an extensive mapping of all data processes has been achieved is updated regularly. This mapping identifies concerned users, processed data, the purpose of each process, the potential transmission of data and their storage duration. It also lists all subcontractors and providers to ensure their conformity to the GDPR. An internal Data Protection Officer is responsible for supervising these processes and ensuring they are up-to-date. Chronotruck employees are trained and regularly updated on these obligations.
The user is informed that, pursuant to Article L. 121-20-4 of the French Code de la Consommation (Consumer Code), all services offered on the Website and the Application, which relate to freight services are not subject to the application of the right of withdrawal provided for in Articles L. 121-20 et seq. of the Code de la Consommation relating to digital and over-the-phone commerce.
The website, Chronotruck applications and all the elements contained therein (information, data, text, sounds, images, drawings, graphics, distinctive signs, logos, trademarks...) are the exclusive property of Chronotruck.
All these elements are protected by intellectual property rights and, as such, protected from any use unauthorized by law.
Any representation or total or partial reproduction of the contents of the site and the applications, by any means whatsoever, without the express authorization of Chronotruck, is prohibited and constitutes an infringement (art. L.335-2 and following of the French Code of Intellectual property) which could start civil and criminal prosecution of the counterfeiter.
The user, by validating their registration, authorizes Chronotruck to exploit the transmitted information.
Chronotruck undertakes to do everything in its power to ensure the proper use of the services on the website and on the application and their accessibility.
In no event can Chronotruck be held responsible for the immaterial, indirect or consecutive damages, whatever the cause may be, including and without limitation the usage of the services in case of a technical problem or suspension of the services, such as a network interruption, breakdown of the equipment of reception or on the user’s line, such as, without limitation, production, sales revenue, data, market and profit loss, or the consequences of a delay or a deviation, whatever the cause.
Chronotruck disclaims any responsibility for the information provided by its content provider partners. They are solely responsible for the information relayed on the website and the application.
Chronotruck does not exercise control over the nature or characteristics of the data transiting through the hosting provider.
As such, it is not responsible for failures that may occur on services accessible via the Internet. It is the user's responsibility to take all necessary measures to protect their data and software against intrusion, computer viruses or possible circumvention by third parties, using the services or transiting through them.
Chronotruck disclaims all liability for the compatibility, reliability, and operation of software other than those developed by itself.
Chronotruck’s responsibility can not be engaged in any case of modification of the situation of the user if the latter did not transmit the information relating to the modification of their situation before the occurrence of the said modification.
Responsibility in case of damages caused by the transport services: The carrier, who fulfills the transport mission is responsible for the good execution of the services.
Chronotruck’s responsibility is limited in the same conditions as the carrier’s responsibility towards the transport mission that they undertake. If the limitations of the carrier’s compensation are not known or if the regulations do not provide any limitation, the lowest limitations as mentioned below will apply.
Complaints are limited to one reclaim per shipment.
Loss and damages not caused by the transport services: In the case when Chronotruck is liable, for any reason, this liability will be strictly limited to the real value of the goods in the following limitations: 14€ per kilogram of the missing or damaged goods gross weight, without exceeding, whichever their weight, volume, dimension, nature or value of the concerned goods, or an amount superior to the goods gross weight in tons stored for the client at the time of the event, multiplied by 2300€.
Other damages: for any other damage than the ones linked to the goods, the compensation due by Chronotruck is strictly limited to the price of service at the source of the failure (laws, taxes and other fees excluded).
Unless otherwise agreed by writing and signed by the parties, no compensation will be applicable.
Chronotruck and the carriers are not responsible towards the sender because of a lack or a delay in the total or partial execution of their obligations in any case, under these conditions and terms if this non-implementation is originating from or is the result of an exonerating case.
In case of the occurrence of an exonerating case affecting the execution of the transport services, Chronotruck will be required to inform the sender by email without delay, and to precise the nature of the exonerating case, the foreseeable consequences and the probable delay.
Chronotruck will do their best to restrict the consequences of the exonerating case and will suggest to the sender alternative solutions and measures to this effect.
All the fees, spendings, additional charges, price supplement, compensation, of whatever nature linked to the exonerating case and/or the measures and alternative solutions implemented and paid by Chronotruck or the carriers will be charged to the sender.
Consequently, the sender commits to compensating Chronotruck and proceeding with the payment of any corresponding invoice from Chronotruck upon first request.
In case of a suspension of ongoing transport missions, the sender will have to pay Chronotruck for their part of the missions that had been carried out until the moment they were suspended.
Chronotruck cannot be held responsible in case of incomplete and/or inaccurate information from the users.
Chronotruck cannot be held responsible in the following cases:
Any dispute arising out of the use of Chronotruck’s services will be subject to French law and to the jurisdiction of the Paris Commercial Court, even in the event of multiple defendants or third party claims, for emergency procedures, protective procedures, by summary application or by application.
Advertisement: the users authorize Chronotruck to mention the existing business relationships between them and to use their name and title as a reference subject to information of the user.
Allowance: not relying on a right or not citing a failure from one party does not correspond to abandoning the right to rely on this right or to cite this failure by the other party. Any renunciation will be opposable only if it has been expressed in writing by an authorized representative of the party from which it comes.
Cancellation - Invalidity: If one of the dispositions of the present Terms and conditions had to be declared invalid or non-written, every other dispositions would stay applicable.
Data security: The users confirm having taken note of the Policy of confidentiality of CEVA Logistics group, to which Chronotruck belongs, accessible on the following address: https://www.cevalogistics.com/en/privacy-policy, of which they accept the terms and conditions.
The user also confirms having brought CEVA Logistics’s Policy of confidentiality to their employees’, co-workers’ and associates’ attention and consents to their personal data processing by Chronotruck in compliance with said Policy. If for a specific order, the user, as the person responsible for the processing, is given access and/or treatment of personal data by Chronotruck, the user commits to respecting the stipulations of CEVA Logistics’s Policy of confidentiality.
Policy against bribery: According to the commitment made by Chronotruck in their policy against bribery, Chronotruck expects from the users that they behave ethically under all circumstances, in particular concerning the fight against bribery. Thus, the user confirms having taken note of CEVA Logistics’s policy against bribery, accessible on the following address: https://www.cevalogistics.com/en/who-we-are/commitments/corporate-governance-information/GAP. The user confirms having implemented a policy against bribery similar to CEVA Logistics’s, and to enforce the stipulations of their policy on their subcontractors and/or supplier.
Control of imports and exports: The user confirms that they respect the economic sanctions enacted by the competent authorities such as those of the United States of America, the European Union and the United Nations. Furthermore, the user accepts to release Chronotruck from any responsibility linked to any complaint, demand or cause of action from the violation or the supposed violation of said sanctions.
General Standard Contract applicable to the Public Road Transport of Goods on French territory, for which there is no specific standard contract:
Applicable conditions for the International Road Freight:
The purpose of this contract is to guarantee the goods transported belonging to the clients of the Internet “Chronotruck” platform, who benefit from this contract, against all risks of material damages suffered by the goods insured designated hereinafter on the occasion of a transport mission given to an identified carrier supplier.
The guarantee is only available for the clients/users of the website having made the request.
It is expressly agreed that the users located outside European countries are excluded from this guarantee, or be subject to an exclusion of the guarantees.
The beneficiary: the user of the “Chronotruck” internet platform, purchaser of transport services for goods with one of the carrier suppliers listed on the platform.
The insured: Chronotruck, acting as a road freight forwarding agent via the “Chronotruck” internet platform, which services consist in:
The listed carrier supplier: the public road or air carrier of goods, in possession of a transport license and of the necessary authorizations for the exercise of the occupation, able to provide an annual insurance certificate guaranteeing their contractual responsibility towards the goods transported entrusted to them, with a minimum warranty amount of 50.000€ per incident and per event, upon request by the insured.
New or used goods shipped with appropriate and adapted packaging by air and/or road.
The goods mentioned in the article 2.3.3 “Excluded Goods” of the general conditions attached are excluded.
The goods designated before are insured for transports in: France, Occidental Europe, Eastern Europe except for IEC (). () Russia, Ukraine and Belarus.
The guarantee is available for transport missions by air or road according to the dispositions of the general conditions.
However, transport missions by postal means are excluded.
The maximum value insured per transport mission and/or per event is limited to 50.000€.
The insured value is the value declared by the beneficiary of the insurance using “Chronotruck” internet platform. This value must correspond with one of the following amounts:
In order to help the beneficiary of the guarantee to reckon the value to declare on the “Chronotruck” internet platform, the insurer provides them with the following depreciation table guide:
The guarantee is forfeited with “fully comprehensive” conditions, according to the article 2.1 of the general conditions.
The guarantee is forfeited with “fully comprehensive” conditions, according to the article 2.1 of the general conditions.
The duration of the guarantee is set according to the articles 4.1 and 4.2 of the general conditions.
The carrier’s annual insurance certificate will be requested for any damage. The compensation of the damage is determined in accordance with the insurance value declared by the beneficiary of the guarantee, upon presentation to the insurer of a sales invoice edited by a professional registered with the trade register.
The necessary repair costs to rehabilitate the damaged goods are the normal cost of rehabilitating the goods on the day of the damage.
They only include the cost of the replacement components and of the supplies, the transport costs at the lowest price and, if needed, the custom duties and the non recoverable taxes.
It is specified that the amount paid to the beneficiary of the guarantee does not include any compensation for loss of use.
There is no deductible franchise for the payment of the compensation.
Formalities to be completed by the beneficiary concerning the carrier and the “Chronotruck” internet platform.
Sending a complaint registered letter to Chronotruck after the 15th day from the planned date of delivery along with a copy of the purchase, replacement or sales invoice.
At the time of delivery: controlling the number of parcels as well as the inside of the parcels in front of the carrier and not signing the delivery note before writing the reserves specifying the number of missing parcels and the number of damaged parcels, as well as the type of damage suffered.
Sending a reserve registered letter to the carrier within the 72 hours following the date of delivery, along with a copy of the purchase, replacement or sales invoice.
This contract has a mandatory application, according to the article 220.127.116.11 of the general conditions attached.
This contract is without effect:
Guarantees given by AXA are bore by a co-insurance by AXA France IARD and by AXA Assurances IARD Mutuelle.