- NATURE OF SERVICES
1.1 This contract is concluded between the client and any of the companies forming MBE Airport | GROUP (DAOS PACK, S.L., with CIF B22638779, DAOS EXPRES, S.L., with CIF B86303252 and REM TOTEN 1, S.L. with CIF B65135642), hereinafter MBE AIRPORT GROUP, as well as under the trade name Move Your Wine (and its acronym MYW), property of DAOS PACK, S.L.
1.2 As a Transport Operator, MBE Airport | GROUP under the trade name Move Your Wine (MYW) will be responsible for the organization of transport and will be liable for the breach of its contractual obligations, in the cases and circumstances and only during the period of liability provided for in national legislation and in applicable National and International Conventions, and always under the same circumstances and occupying the same position as if it were the actual carrier.
1.3 For the purposes of this document, transport services mean any collection, storage, handling, transport or distribution service of shipments that Move Your Wine (MYW) performs or arranges to be performed.
1.4 These general conditions apply exclusively to services contracted directly between Move Your Wine (MYW) and the Client. Move Your Wine (MYW) will not be bound by conditions agreed between the client and third parties, unless expressly accepted.
1.5 These conditions constitute the sole agreement between the parties regarding the transport of shipments and, at any time, prevail over any particular conditions that may have been agreed, unless expressly stated otherwise.
2. OBJECT
2.1 It is the object of this document to establish the terms and general conditions by which the transport service provided by MBE Airport | GROUP, under the trade name Move Your Wine (MYW), will be governed.
2.2 MBE Airport | GROUP, under the trade name Move Your Wine (MYW), offers a transport service for wine and/or accessories related to the wine sector.
2.3 The client enters, in the manner set out in these general conditions, into a national and/or international transport contract with MBE Airport | GROUP, under the trade name Move Your Wine (MYW).
3. LIABILITY
3.1 MBE Airport | GROUP, under the trade name Move Your Wine (MYW), shall not be liable for any loss, damage, delay, incorrect delivery or failure to deliver caused totally or partially by:
- Force majeure, including but not limited to: natural phenomena such as earthquakes, cyclones, storms, floods, fog, epidemics, wars, airplane crashes/hijackings, embargo, coup, riot, civil commotion or action by any government or authority, disruptions or closures of air or road transport networks, mechanical problems in transport or machinery, acts or omissions of the client, a third party or a government official, criminal acts and/or latent defects or inherent vices in the shipment’s contents.
- Fines, penalties, return charges or other financial sums imposed on the Client by any third party arising.
- MBE Airport | GROUP under the trade name Move Your Wine (MYW), are in no way bound by the quantity and/or content of a shipment as declared by the client and/or indicated on the waybill if at the time of offering the shipment for transport to MBE AIRPORT GROUP – MYW, the goods have been loaded in a container/trailer and/or placed on pallets and/or packed in such a way that the number of items and/or the content of the shipment cannot be verified, or if upon loading the shipment by MBE Airport | GROUP under the trade name Move Your Wine (MYW), it was not possible to verify the same.
- MBE Airport | GROUP under the trade name Move Your Wine (MYW), are in no way bound by the shipment’s value declared by the client and/or indicated on the waybill unless a complementary insurance has been taken out.
3.2 The coverage is per shipment, not per event.
3.3 The fact of receiving the shipment by the recipient without observing any anomaly or damage at the time of reception shall serve as evidence that MBE Airport | GROUP under the trade name Move Your Wine (MYW) delivered the shipment in good condition.
3.4 This clause shall not be interpreted as a limitation or exclusion of liability in any circumstances where such limitation or exclusion would not be legally valid.
3.5 The owner of the shipment may, for the national or international transport of goods, take out an additional insurance to supplement the liability established by current legislation, by declaring the value of the goods in the insurance through the supplementary insurance form that MBE Airport | GROUP, under the trade name Move Your Wine (MYW), makes available.
3.6 Despite the foregoing, MBE Airport | GROUP under the trade name Move Your Wine (MYW) shall not be liable in any case for consequential, indirect or special loss or damage, including but not limited to loss of income, loss of profits or loss of market, regardless of whether such loss or damage was known or foreseeable.
4. SECURITY MEASURES IN THE PROVISION OF SERVICES
4.1 By contracting MBE Airport | GROUP under the trade name Move Your Wine (MYW) services, the client declares, guarantees and warrants:
- 4.1.1 The shipments have not been handled or stored by any person other than the client after preparation for transport to MBE Airport | GROUP under the trade name Move Your Wine (MYW).
- 4.1.2 The shipments have been prepared in secure facilities, by trusted personnel hired by the client.
- 4.1.3 The shipments have been protected against any unauthorized tampering during their preparation, storage and transport before delivery to MBE Airport | GROUP under the trade name Move Your Wine (MYW).
- 4.1.4 The shipments do not contain any articles prohibited or restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ARD (European Road Transport Regulation on Dangerous Goods) or any competent body.
- 4.1.5 The shipments do not contain prohibited objects, understood as prohibited objects those whose circulation is not permitted for reasons of security, public health or general utility.
4.1.6 Prohibited Articles
The shipment of the following articles to any of the countries where we provide service is prohibited (except by special contract):
- Weapons and ammunition
- Explosives
- Narcotic drugs and psychotropic substances
- Pornographic material
- Counterfeit or pirated products
- Live animals
- Human remains
- Perishable goods
- Any shipment whose content may cause damage to other shipments, persons or transport equipment
- Any other article whose importation is prohibited by the legislation of the destination country
4.2 The client also guarantees that the descriptions, addresses, markings and labels comply with what is required by law, including the applicable legislation on alcohol, and that the information and documents, whether in physical or electronic format, including those relating to customs matters that MBE Airport | GROUP under the trade name Move Your Wine (MYW) may need, are attached.
4.3 When making a shipment, the client authorizes MBE Airport | GROUP under the trade name Move Your Wine (MYW), to carry out any act for the purpose of customs formalities, including acting as the client’s direct representative in the presentation of supporting documents for a customs declaration on behalf and for the account of the owner of the goods.
5. DATA PROTECTION
5.1 Both parties guarantee compliance with current personal data protection regulations. The personal data provided will be processed by MBE Airport | GROUP under the trade name Move Your Wine (MYW), for the management and provision of the contracted services. The data will be kept while the contractual relationship is maintained and for the legally required period for the fulfillment of legal obligations.
5.2 The personal data provided by the client will be treated confidentially by MBE Airport | GROUP under the trade name Move Your Wine (MYW) and will be incorporated into a file owned by MBE Airport | GROUP under the trade name Move Your Wine (MYW), duly registered with the Spanish Data Protection Agency for the purpose of managing the contractual relationship, sending commercial communications and promoting the services of MBE Airport | GROUP under the trade name Move Your Wine (MYW).
5.3 To exercise the rights of access, rectification, cancellation and opposition, the client may send a request by post to: MBE Airport | GROUP, DAOS PACK, S.L. under the trade name Move Your Wine (MYW); Av. Pare Andreu de Palma, 42, 08820 El Prat de Llobregat or by email: mbeairport@mbeairport.es
6.CLIENT LIABILITY
6.1 The client undertakes to use the services in accordance with the law, morality, health, public order and generally accepted good customs, and to hold harmless MBE Airport | GROUP, under the trade name Move Your Wine (MYW), partner companies, group companies and/or collaborating companies from any claim arising from the breach of any of these obligations.
6.2 The client guarantees that they have the ownership, legitimacy or necessary rights for the use of any data, including personal data of third parties, graphics, signatures, brands, symbols or any other sign included in the content of the communication transmitted so that MBE Airport | GROUP under the trade name Move Your Wine (MYW) processes for the purpose of providing the contracted service, and authorizes its reproduction and public communication for the purpose of providing and managing the service, exonerating MBE Airport | GROUP under the trade name Move Your Wine (MYW) from any liability derived from the use of such data.
6.3 The client shall be liable for damages that may be caused to MBE Airport | GROUP under the trade name Move Your Wine (MYW), their subcontractors or third parties, by the improper packaging of the shipment, by the dangerous or illegal nature of the goods transported when these circumstances have been concealed from MBE Airport | GROUP, or by the inaccuracy, insufficiency or irregularity of the documentation that must accompany the transport.
6.4 To manage possible incidents and claims, MBE Airport | GROUP under the trade name Move Your Wine (MYW) requires the client to keep the original packaging for 30 days, in order to be able to manage and process the possible claim with the transport and/or insurance company.
6.5 The client, by entering into a transport contract, accepts these general conditions and assumes the obligations derived therefrom. Additionally, the conditions and terms of the service contracted by the client will be displayed and the client must accept them at the time of formalizing the hire.
APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION
For any dispute arising in connection with this contract, the client and MBE Airport | GROUP, under the trade name Move Your Wine (MYW) agree to submit to the courts and tribunals of El Prat de Llobregat (Barcelona), expressly waiving any other jurisdiction that may correspond to them.
In any case, Spanish law shall apply.
The parties may, by mutual agreement, submit the dispute to mediation or arbitration through the consumer arbitration boards or the bodies or entities competent for this purpose.
For online purchases, and in accordance with EU Regulation 524/2013, we inform the client of the existence of the European online dispute resolution platform, accessible at the following web address:
