Conditions for Contracting Goods Carriage

1. Scope of application AND LEGAL FRAMEWORK

1.1. Scope of application

1.1.1. These General Contracting Conditions are applicable to transport contracts for freight, which is understood to include all types of goods, made by Renfe-Operadora.

These regulations will also be applicable to carriage by rail that requires to be supplemented by other means of transport, as long as these precede or follow the rail transport that they supplement.

Such supplementary transport will be governed by its specific regulations.

1.1.2. However, they are excluded from the scope of application in these conditions:

a/ Rail transport provided via an International Consignment Note that is covered by what is established in the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM), the point of departure and/or destination of which are outside the country.
b/ All other rail transport that has specific contracting conditions approved because of its singularity and exceptional nature.

1.1.3. These conditions will be considered as subsidiary and supplementary when there are differences between them and the conditions established specifically in the main contract.

1.2. Legal Framework

The specific regulations applicable in this area will be those corresponding to the rail sector, as well as the normally applicable civil and commercial legislation.

2. DEFINITIONS

For the purposes of these General Conditions, the following definitions are established:

2.1. Railway Company

In accordance with Article 43 of the Railway Sector Act, 39/2003, of 17 November, a railway company is an organisation that holds a railway company license, whose main activity is the provision of rail transport services, under the terms established by the Act.

2.2. Rail transport contract

By this contract the railway company undertakes, in its own name and for a price, to transport by rail - where necessary supplemented with other means of transport - the goods entrusted to it from one place to another, by complete wagon, complete train, container or containers.

2.3. Multimodal, Intermodal, Combined and Ferroutage Transport

For the purposes of these General Contracting Conditions:

Rail transport: The transport of goods by rail from one place to another, carried out by a railway company for a third party in exchange for payment.
Multimodal Transport: Denotes the movement of goods between different places, using two or more means of transport.
Intermodal Transport: A type of multimodal transport denoting the movement of goods in one unit or vehicle, using two or more means of transport successively, without handling the goods in the change of means of transport.
Combined Transport: Intermodal transport of goods in which the main routes are normally covered by train, navigable waterway or sea crossing, with a minimum of road travel exclusively in the initial and/or final stage.
Ferroutage: Combined rail-road transport.

2.4. Goods Transport Operator

Goods Transport Operator denotes the individual or legal entity that owns a company, which, whether set up as a transport agency, forwarding agent, warehouse distributor, or as a company that has its own wagons or other transport components, is qualified to act as intermediary under the terms legally established for the contracting of goods transport. It acts as an organisation standing between the loaders and the carriers and enters into contract in its own name with both parties.

2.5. Carrier

A carrier is a railway company that, by virtue of the Contract for Carriage of Goods by Rail, undertakes in its own name to transport the goods by rail from one place to another.

When transport has been contracted with the mediation of a transport operator, the latter will act as carrier before the loader, assuming responsibility for complete compliance with the duties and responsibilities attributed to the carrier in these General Conditions, as though it had provided the transport itself.

2.6. Loader and/or Sender

The individual or legal entity that requests, on its own behalf or as a transport operator, provision of transport in its own name and for which the carrier, by virtue of the transport contract, undertakes to provide such transport.

2.7. Issuer

The individual or legal entity that actually delivers the goods to the carrier for transport. The loader itself may be the issuer of the goods, or a different person acting on its behalf.

2.8. Consignee or Recipient

The individual or legal entity to whom the carrier must finally deliver the goods being transported. The consignee of the goods may be the loader itself, or a different person.

2.9. Transport Voucher or Consignment Note

A paper or telematic (electronic consignment note) document that formalizes the transport contract between the railway company providing the freight transport service and the customer. This document will contain, at a minimum, the data that figures in condition 3.1 of these General Conditions. The absence of the consignment note will not necessarily affect the existence or validity of the contract, without prejudice to both parties’ right to require its validation.

2.10. Issue

The combination as a whole of wagon, wagons, container or group of containers with the same point of departure and destination, invoiced by the same customer, transporting the same or different goods and covered by a single Consignment Note document, with or without annexes, according to whether it comprises one or more wagons or containers.

2.11. Consignment

An issue comprising various wagons, containers or various issues that without making up a complete train, have the same point of departure, destination and sender.

2.12. Registration

The act by which the loader accepts the wagon or container made available to it and by which the transport contract is formalized.

2.13. Allocating and making available the wagon or container

Allocating and making available refers to designation of the wagon, wagons or containers that must be used to provide a particular transport service, as well as the situation of the materials in the place and appropriate conditions for their loading and/or unloading, from which moment the period for providing these operations will start to run.

2.14. Complete Wagon – Complete Train

A complete wagon is considered to be the combination of goods placed inside or on top of a wagon and that constitute an issue.

A complete train is considered to be the issue comprising a determined number of wagons with the same point of departure, destination and sender.

2.15. Private Owner Wagon

A wagon owned by an individual or legal entity different from a railway company, which has been authorised to run on tracks in order to provide transport for its owner and third parties.

2.16. Combined Transport Units

ARTICULATED UNIT: Road transport semi-trailer connected to a traction unit.
SEMI-TRAILER: Any road transport vehicle designed to be coupled to a traction unit. The trailer rests on the traction unit, which thus supports a substantial part of its weight and the weight of the load. They must be adapted to serve the combined transport.
TRAILER: Any road transport vehicle without a motor, designed for coupling to a traction unit, excluding semi-trailers.
CONTAINERS - INTERMODAL TRANSPORT UNITS (ITU’s): Containers in their different types and sizes, mobile crates and semi-trailers used in intermodal transport.

2.17. Suspension

The delay in a period established for the loader or consignee to provide the loading and/or unloading operations of a wagon or container owned by the railway company or a by third party. The period of suspension will be calculated in uninterrupted periods of 24 hours for every day that passes from the moment when the loading or unloading should have been completed up to the moment when it has actually been completed.

2.18. Incidental costs

These are the costs of supplementary services that Renfe-Operadora may provide in performance of the transport contract. They are costs that exceed the basic content of the transport contract, such as those deriving from storage of goods, cleaning wagons and containers, hiring tarpaulins, etc.

3. FORMALIZATION AND CONTENT OF THE CONTRACT

3.1. Declaration - Consignment Note

3.1.1. Senders will submit a declaration-consignment note, which may be telematic, at the station where the goods are registered. It will be authorised by manual or electronic signature and will conform to the format established by Renfe-Operadora.

The part of the declaration-consignment note corresponding to each of the contractual parties must be completed in accordance with the instructions provided.

3.1.2. The Declaration-Consignment Note must contain at least the following data:

Name, surnames, address, ID No. or Tax ID No. and where appropriate, telephone, fax and e-mail address of the sender.
Name, surnames, address, ID No. or Tax ID No. and, where appropriate, telephone, fax and e-mail address of the consignee.
Indication of the name of the carrier company (Renfe-Operadora), address, CIF Identification, telephone, fax and e-mail address.
The full designation of the final destination station for complete wagons and trains, indicating the town and province where it is located. If the destination of the consignment is a siding or private lay-by, its official name should be indicated after the name of the station that serves it.
The date of issue.
The place of delivery of goods to the railway company for their carriage.
If delivery of the goods at the destination is to be at the station or at the consignee’s address, with an indication of the date planned for this.
The tariff or price agreed, specifying the number or code of said price, indicating that it includes all taxes and duties.
The designation and characteristics of the goods that constitute the carriage, with as much detail as possible. If the issue or consignment include dangerous goods, the exact nature of the danger represented by them must be specified, indicating all of the data and notes that RID established for the product and, if applicable, the incompatibilities and conditions of the carriage and the precautions to be considered. If this indication has not been recorded in the consignment note, the burden of proof that the carrier was aware of the exact nature of the danger represented by the carriage of such materials will lie with the sender or consignee.
The gross weight and volume of the items, taking into account that this weight must figure separately for each type of goods when they are packaged in different item packs. For goods considered to be bulky, i.e. that weigh less than 150 Kg per cubic metre, as well as the effective weight, the volume of the items should be indicated in cubic metres. If a single item pack contains different types of goods, the total weight of the item will be declared, without specifying the weight of each type of goods.
The weight for valuation, which will serve as the basis for calculating the price of carriage.
The name, surnames and DNI Identification or equivalent document of the third parties who, where applicable, accompany the transport of animals, cars, railway materials, etc.
The date and time at which the objects are presented for registration.
License plate number or alphanumeric identification code of the series of wagon, wagons or containers used for carriage, and their weight.
The condition of the goods or of their packaging or wrapping, when they show obvious signs of damage or other irregularity that it is appropriate to indicate in advance.
When transport is in open wagons, this will be indicated in the declaration-consignment note and in the duplicate voucher.
Insurance and guarantees covering damaged or lost goods.
If it is not the sender who signs the declaration-consignment note, the person who verifies it in their name, who cannot be a member of Renfe-Operadora, must do so in the form of: “as agent and in representation of“, followed by the signature and their ID number.
The existence, or not, of seals provided by the sender and their numbers.
Any other circumstances regarding the transport or the nature and characteristics of the goods that should be indicated for the carriage completed successfully.

3.1.3. The paper or telematic declaration-consignment note submitted by the sender to Renfe-Operadora, or to other staff designated by it, will represent the transport contract. It will be used to resolve all questions that arise and a copy of it will be kept always by Renfe-Operadora. The model for the consignment note established by Renfe–Operadora cannot be substituted by other documents or added to by documents other than those authorised.

3.1.4. Other documents that do no meet the requisites for being considered as a declaration-consignment note, which are issued in paper or electronic format by the parties to the transport contract, as well as any other legal proofs, will have the strength of evidence that can be deduced from their content.

3.1.5. Notwithstanding the above, registration of issues or wagons can also be requested by fax, using the model established by Renfe-Operadora. These registration requests can only be made by customers with a Credit Card. The documentation issuing from this method of payment will be considered as forward advice of a later carriage. The declaration-consignment note must be completed subsequently.

3.2. Duplicate Voucher of Consignment Note

Excepting cases where registration is made with an electronic consignment note, Renfe-Operadora or the staff it designates will give the sender, at the time of registration, a duplicate voucher of consignment note, signed and sealed by the issuing station. This will contain the same data as indicated in the declaration-consignment note, as well as a space in which the consignee will sign for receipt of the goods. It will not be obligatory for Renfe-Operadora to attach the internal annex documents to the declaration-consignment note.

The sender can reject the duplicate voucher of the consignment note if all of the obligatory data described above is not recorded in it.

3.3. Requisites for completion of the Transport Contract

The transport contract will be considered completed when the following requisites are satisfied:

Delivery of the item packs, goods or containers by the sender to the place designated by Renfe-Operadora, or onto wagons if the party concerned is to perform loading.
Delivery of the declaration-consignment note, accompanied by other documents required by the goods.
Stamping by staff authorised by Renfe-Operadora of the appropriate seal in the declaration-consignment note, once hand-over of the item packs, wagons or issues enumerated in the declaration is completed. The sender or his agent may demand the seal to be stamped in his presence.
Delivery to the sender of the duplicate voucher of the consignment note, authorised with the signature and seal of the receiving station.

The operations indicated in sections 2, 3 and 4 may be carried out by telematic means if an electronic consignment note is used.

Once these requisites have been met, the contract will be considered completed and the delivery by Renfe-Operadora will be taken to be performed satisfactorily.

3.4. Responsibility and penalties in case of a false or incomplete declaration.

The sender will be responsible for the accuracy of the declaration-consignment note and for consequences that arise for Renfe-Operadora or third parties due to any omission, error or falsity it contains.

Consequently, a sender that completes a declaration-consignment note falsely or incompletely, both in terms of the nature of the goods and their weight, with the aim of paying less carriage than appropriate, will pay Renfe-Operadora, as a penalty, double the resulting price for excess weight or for the different nature of the goods declared, and must also pay compensation for all damages caused to Renfe-Operadora and to third parties as a result of this declaration.

When the reweigh of wagons or containers loaded by senders shows overloading, Renfe-Operadora will also be paid, as a penalty, a surcharge equal to FIVE TIMES the price that would have been applied to carriage of the weight that exceeds the established maximum load.

In transport with carriage due agreements, if the consignee takes charge of the goods that are the subject of a false or incomplete declaration, Renfe-Operadora will have the right to demand the sum of double the agreed price for the weight of the goods over the weight declared in the consignment note, if the sender has not paid it. However, the consignee will not be obliged to pay if it refuses to take charge of the goods.

3.5. Inspection due to suspicion of falsity in the declaration.

When Renfe-Operadora decides to make an inspection, or a weight check, because of a suspicion of falsity in the declaration of content or weight of an issue or of an item, wagon or container loaded by the sender without the collaboration of Renfe-Operadora, it will perform the inspection or reweigh before witnesses, in the presence of the issuer or consignee. If these do not attend the act they will be called on to attend once more through Public Notary. If they still do not attend, the item, container or wagon will be opened or the reweigh will be performed in the presence of the above-mentioned Notary and, if applicable, in the presence of the Transport Arbitration Board. Witnesses will not be required when the inspection or reweigh is in the presence of a Notary or Transport Arbitration Board.

A record will be drawn up of the results of the inspection to be signed by those present, who must present identification, and which will show: the place and date of inspection; the notice given to the sender or consignee and their attendance or failure to attend; the number of items, wagons or containers and the type of goods, their condition and circumstances according to the declaration-consignment note; the number actually found on opening the item, wagon or container; and, if applicable, the names and addresses of the witnesses.

If the inspection shows that the declaration of the issuer is not false, all costs, including repacking the goods, will be met by Renfe-Operadora.

If, on the contrary, the declaration proves to be false, these costs will be met by the sender, or by the consignee if it has taken charge of the goods.

3.6. Objects that will not be admitted for carriage

Renfe-Operadora will not be obliged to admit:

Objects that, because of their dimensions, weight or packaging, are not suitable for transport as requested, or because of difficulties inherent in materials or attributable to buildings’ facilities.
Objects that it is forbidden to transport owing to legal provisions or public order measures.
Objects that it is forbidden to transport owing to legal provisions or public order measures.

3.7. Goods or items for which transport can be refused.

Renfe-Operadora has the right to refuse to provide transport on wagons for item packs, goods or containers when it has grounds to suspect they may suffer damage or deterioration due to their interior preparation or contents, and for other item packs or issues that have defective or insufficient packaging to conserve the goods adequately or when dealing with goods that must be labelled with appropriate marks and lettering to warn of risks involved for the persons handling them or for the goods themselves.

3.8. Requirement to label items

The sender must label each item pack indicating with clear, permanent letters the final destination station, names and addresses of the issuer and consignee, type of goods and, if the issue is made up of various item packs, each label will show the number of the item pack and the total number of item packs. The numeration of the labels must correspond, where applicable, to the numeration used in the consignment notes.

Renfe-Operadora can establish, where appropriate, a single model for labels and/or marking that permits easier identification of the item packs.

Renfe-Operadora will not be responsible for possible errors in the delivery of the items at their destination resulting from insufficient or inadequate labelling.

3.9. Obligation to pay the price of Carriage and Incidental costs.

The obligation to pay the price of transport will fall to the loader or sender under carriage paid agreements, and to the consignee or authorised person under carriage due agreements.

Costs arising from specific requests by the loader, sender or consignee for reweighing, for seals, or for delayed loading, unloading or removal (suspension of the material or storage), and other similar costs, must be met by the issuer or consignee instigates them.

What is established in the above paragraphs will be understood to apply unless Renfe-Operadora and the customer agree another method of payment of carriage and incidental costs (with a credit card, cheques, etc.).

Renfe-Operadora will have the rights of a preferred creditor over the goods for the totality of the credits that exist in its favour as a consequence of the transport contract. This right will extinguish eight days following delivery, after which Renfe-Operadora will maintain its rights under the provisions in force as a general creditor, and may demand compulsory sale via the judicial authority or the competent Transport Arbitration Board in order to receive compensation for the amount of these credits.

3.10. Obligation of loaders and consignees to set up Civil Liability Insurance.

In accordance with Article 91 of the Railway Regulations, loaders and consignees must set up civil liability insurance to cover possible damages arising from the operations of loading and unloading the goods.

3.11. Methods of payment of the price of transport

Payment of carriage and incidental costs must be made cash down in legal tender or by other methods of payment previously agreed with Renfe-Operadora in accordance with the provisions of condition 3.9.

Claims for differences or errors in currency exchange, false money, etc. must be made at the moment of payment. Subsequent claims will be rejected.

4. TRANSPORT REGIME AND MAKING GOODS AVAILABLE

4.1. Operations of Loading, Stowing and Unloading Wagons

Unless a prior agreement to the contrary exists between the parties, issues that are made under the complete load regime will be loaded and unloaded by their senders and consignees, respectively, using their own equipment or equipment made available to them by Renfe-Operadora at the corresponding price.

The loader and/or sender will be responsible for damages to Renfe-Operadora or to third parties arising from negligence in these tasks in the course of carriage, including those that affect the normal running of rail traffic, without prejudice to Renfe-Operadora’s right to bring proper legal action, where applicable, against the issuer that has performed loading and stowing.

However, Renfe-Operadora may issue instructions on how to place and stow the goods that make up the consignment or issue, and may become responsible for damages to the goods caused by their placement and stowage when they are in accordance with its instructions and when they are the cause of the damages arising.

4.2. Making wagons available for loading and unloading operations.

Before loading, the sender must check that the wagons or containers made available are apt for the use intended, that they have no visible defects and are clean, informing Renfe-Operadora immediately of any objection.

If a sender accepts a wagon with obvious faults or that is dirty, it will assume responsibility for damage that may affect the loaded goods as a consequence of the wagon’s condition.

A period of eight working hours will be allowed to perform the indicated loading and unloading operations, to be counted from the moment when the wagon is made available, in the case of loading, and in the case of unloading, from time of advising or giving direct and adequate notification to the consignee, as indicated in condition 4.8. If these operations are not performed in the period indicated, the appropriate payment will be received for the suspension of equipment and for storage, as applicable.

If the period allowed for unloading has passed without the consignee performing the task, Renfe-Operadora, when it considers it necessary, can unload on the consignee’s behalf, charging it the costs arising, without prejudice to the right to receive payment for suspension of equipment and storage. Fro this to happen it is indispensable that the period has expired and that the wagon has been made available at the time agreed, in order that the delay cannot be attributed to Renfe-Operadora.

Consignees must return wagons or containers used for carriage to Renfe-Operadora in the same condition in which they were handed over, and will be responsible for damages that may arise from non-fulfilment of this requirement.

4.3. Minimum weight and distance per Issue.

For complete wagons the minimum valuation weight will be that indicated in the applicable prices, in accordance with agreements established in each case. It should be rounded for the purposes of valuation to the highest multiple of 100 kg.

The minimum distance for valuation will be 100 km. when Renfe-Operadora applies tariffs it will establish kilometric distances in complete kilometres, that is, rounding up any fraction of a kilometre. Tables will exist for these purposes, which will be made available to users or customers in stations open to freight traffic and in the corresponding web-page of Renfe-Operadora.

4.4. The route used for carriage

Any request from the sender for a specific route to be used will only be taken as guidance and will not be compulsory for Renfe-Operadora. Renfe-Operadora will provide the carriage following the route it believes suitable for giving the best service. The maximum periods will be those corresponding to the carriage valuation route, which will be the shortest, with the exception of cases where competent official organisations impose other routes with justification.

If Renfe-Operadora accepts the route requested by the user, it will expressly record this acceptance in the declaration-consignment note and its duplicate voucher. In this case the carriage to be charged and the maximum periods for carriage will be those corresponding to this route.

If Renfe-Operadora does not expressly record its agreement to a route request made by the user, this will be understood not to be accepted.

4.5. Change of consignment or destination of the Issues

For as long as the sender keeps the duplicate voucher of the consignment note in its possession and the goods do not arrive at the final destination station, the issuer can request any change of consignment or destination, presenting the duplicate voucher and paying the new carriage fees and incidental costs that may arise. Once the necessary indications have been entered in the duplicate voucher, or this duplicate voucher has been exchanged for another that declares the substitution in the contract, Renfe-Operator will return it to the sender.

Renfe-Operadora will be entitled to receive or, as the case may, be obliged to pay back, the corresponding amounts resulting from the change of destination.

In complete load issues in which, at the request of the customer, Renfe-Operadora has authorised a change of destination or of wagon composition en route, with final destinations or the number of wagons being varied , the issue will be considered finalised when the change occurs and one or more new issues will be generated.

4.6. Hindrances for transport or delivery.

If difficulties arise, after the goods are registered, which are not attributable to the service of Renfe-Operadora and that make it impossible to provide the carriage or to deliver the consignment to the consignee, Renfe-Operadora, evaluating the circumstances of the case, will advise the sender, if the goods have not yet arrived at their destination, or the consignee, if they are already in the final destination station. Having received this notification, the sender or consignee can, on presenting the duplicate voucher of the consignment note, give instructions as to the way in which it they wish to proceed with the goods. Renfe-Operadora will endeavour to comply with these instructions.

In cases of delay due to causes attributable to Renfe-Operadora, the consignee can avail of the provisions of article 371 of the Code of Commerce, either exercising the right to refuse or claiming the maximum compensation due to it, in accordance with what has been agreed in this respect or with what is indicated in condition 4.16.

4.7. Cancellation or interruption of the Rail Transport Service.

In case of cancellation or interruption of a goods rail transport service for causes attributable to Renfe-Operadora , the latter will be obliged to provide carriage for the goods in another train or another means of transport, or to return the amount paid by the customer, according to the customer’s choice, without prejudice to compensations that may apply.

In the case where interruption to the rail service at some point for causes not attributable to Renfe-Operadora leads to stopgap supplementary means of transport being established to maintain continuity of traffic, the senders or consignees will meet the costs inherent in provision of such services.

If, as a result of the interruption mentioned above, the goods have to be carried on a longer journey, Renfe-Operadora will have the right to receive payment of the price of transport corresponding to this longer route, as long as the modification to the route is not attributable to it.

4.8. Notice of arrival of the Goods

For all issues that are not to be delivered to the address of the consignees, Renfe-Operadora will communicate to them, by telephone, fax or e-mail, the arrival of their issues. It will procure to make a record of when such a communication is made, especially when dealing with complete wagons, in order to avoid suspension of equipment and consequent payment for this by the consignees.

4.9. Method of delivery of Issues

The delivery of issues to the consignee at its address or at the station or destination office established for the purpose, will be performed, subject to return to Renfe-Operadora of the duplicate voucher of the consignment note, under the following conditions:

1. Issues will always be delivered to the consignee, subject to it presenting its ID or an equivalent document and return of the duplicate voucher of the consignment note, duly signed.

2. If the consignee is absent, the signature of another person with legally granted power of representation will be acceptable.

3. In case of the consignee having lost the duplicate voucher of the consignment note, the goods can be delivered to the consignee as long as sufficient proof of identity can be provided, with an accrediting document being issued for receipt of the goods, which will have the same effects as presentation of the duplicate voucher.

4. Acceptance by the consignee of the issues transported, their exchange for the duplicate voucher of the consignment note or for the document that may substitute it, and payment of the price of transport, if this has not been paid at point of departure, extinguish all legal action against Renfe-Operadora, both by the sender and the consignee, except when any claim or reservation of rights that may arise is stated at the time of delivery, observing the regulatory format, in accordance with the provisions of articles 366 and 374 of the Code of Commerce. If there are no such reservations, only claims respecting carriage fees or other costs paid unduly to Renfe-Operadora will be admissible after the delivery.

4.10. Rectification of weight or price in the final destination station.

Any omission or error committed in weight or price can be rectified on delivery of the goods to their destination. This right is reciprocal between Renfe-Operadora and the consignee.

In this respect, when an issue is reweighed and a difference is found with the weight initially declared, the new weight will be considered as the net weight, which will serve to make the corresponding change to valuation.

For goods that may suffer increases or decreases in weight due to their nature or because of the external conditions of transport, such as unforeseen weather conditions, reweighing at the destination is recommended. However, Renfe-Operadora will not responsible for variations in the weight of goods caused by these circumstances.

Notwithstanding the above, when a decrease in weight is inevitable, in very specific cases agreements may be established with senders or consignees that contemplate this case in the valuation.

When, for whatever reason, goods are reweighed in the final destination station, the effective weight will be the basis for:

a/ Calculation of carriage fees to be collected, if they have not been paid on departure.
b/ Calculation of the carriage fees to be paid to Renfe-Operadora by either the consignee or sender, depending on whether provision is carriage paid or carriage due, or to be paid by Renfe-Operadora to the duly authorised consignee or issuer for the difference arising when the carriage paid on departure does not correspond to the effective weight of the goods.

If the issue is subject to a minimum load that is higher than the valuation weight obtained in accordance with the rules indicated above, this minimum load will be applied in accordance with the conditions hat regulate it.

4.11. Drawing up Records in the case of Claims by consignees for Damage, Loss or Faults.

Any claim for damage, loss or fault in a consignment should be preceded by the drawing up of a certificate of inspection, which can be done amicably between the consignee and Renfe-Operadora or, if necessary, before a Public Notary or the competent Transport Arbitration Board.

When the parties consider it necessary, experts can be designated to attend the inspection, who will sign the any record that is drawn up. Each party will pay the fees of its expert. If, in case of disagreement, a third expert is named by judicial or extra-judicial means, the fees of this expert will be paid equally between the two parties, unless some other arrangement is agreed.

If the competent Transport Arbitration Board names the expert witness, naming will be done in accordance with the procedure established in its regulations.

The inspection will be performed at the time of delivery of the goods, and will record the exterior visible condition of the goods or items; their weight, markings and number; their nature and quantity; their qualities and condition; if dampness or any other deterioration is recent or not; when the damage is likely to have occurred; what can be seen to have caused the damage and, lastly, the real value of the damage or imperfection in the goods and any other data or indication considered appropriate.

In cases of missing goods and/or hidden damages that could not be appreciated at the time of delivery of the goods, the maximum period to present a claim will be 24 hours, counting from the moment of delivery of the goods, in accordance with article 366 of the Code of Commerce.

The records of acknowledgement referred to in this Condition will stand as proof of the facts, circumstances and evaluations found in them, without prejudgement of any right.

4.12. Absence or refusal to receive Goods.

When the consignee and/or recipient are absent at the address indicated in the declaration-consignment note or refuse to receive the goods or do not remove the goods when they should, Renfe-Operadora must request new instructions from the sender.

If the new instructions given by the sender consist in transferring the goods to a different destination from the one indicated in the consignment note, Renfe-Operadora may opt either to request the storage of the goods, in accordance with what is indicated in the following paragraph, or to provide the transport of the goods to the new destination, in which case it will apply the rules set out in Condition 4.16.

If it is not possible for Renfe-Operadora to request new instructions from the sender, or if the sender fails to gives new instructions within two hours of them being requested, Renfe-Operadora may request the goods to be deposited, at the sender’s disposal, with the appropriate judicial authority or the competent Transport Arbitration Board, without prejudice to third parties who may have greater rights, this deposit having the same effects as the delivery.

In accordance with what is indicate in the pervious paragraph, Renfe-Operadora may request the goods to be deposited when transport is arranged under carriage due terms and the consignee refuses to pay the price at the moment of delivery of the goods, unless this is justified by the existence of deferred payment arrangement, otherwise this price must be paid in cash at the moment of delivery of the goods.

Costs arising from the deposit will be met by the loader-sender or the consignee.

4.13. Forced sale of the Goods.

When 24 hours have passed since Renfe-Operadora made delivery of the goods to the consignee, or the deposit in the terms set out in the previous condition, without the consignee having proceeded to make payment of the price of the transport, when this has been arranged under carriage due terms, Renfe-Operadora may demand sale or expropriation before the judicial authority or the Competent Transport Arbitration Board, of that part of the goods that will cover the price of the transport and the expenses it has incurred.

This special right will extinguish 8 days after delivery or deposit of the goods and, once extinguished, no other legal action will correspond to Renfe-Operadora as general creditor.

Renfe-Operadora will have the rights of a preferred creditor over the goods for the totality of the credits that exist in its favour as a consequence of the transport contract; and, even after they are delivered to the consignee, will maintain the rights conferred on it by the provisions in force and may demand judicial sale or expropriation via the corresponding Transport Arbitration Board of the goods transported in order to be compensated with the amount of these credits.

4.14. Perishable Goods

When the goods transported run the risk of being spoiled due to their nature or due to unavoidable accident, without there being time to make the delivery, nor for their owners to dispose of them or give instructions to the effect, Renfe-Operadora may request the Competent Transport Arbitration Board to deposit and auction the goods. The Board will proceed to the direct sale of the goods and must in this case endeavour to obtain the best conditions of sale possible or, if applicable, will proceed to auction them in accordance with the general rules indicated previously.

If the condition of the goods makes it necessary to sell them in a quantity greater than that necessary to meet the debt, the surplus will be delivered to whoever demonstrates their right. If the amount obtained from the sale or auction is not sufficient to pay the whole debt, the sender-loader will meet the difference.

4.15. 4.15. Goods to be destroyed for reasons of Public Health or Environmental Contamination

When goods under Renfe-Operadora’s responsibility constitute a danger to public health or may cause some kind of contamination, they will be treated as required by the specific legislation in force.

Before proceeding in the way indicated, a Record should be drawn up, signed by representatives of Renfe-Operadora and by two outside witnesses, and, if applicable, an expert’s report, which should explain the facts and the reasons behind the action to be taken.

4.16. Responsibility of Renfe-Operadora for damage, loss, faults and removal of the Goods and delays in their delivery.

4.16.1. General rules on the responsibility of Renfe-Operadora:

a/ Start of responsibility: The responsibility of Renfe-Operadora will start once the have been delivered to it, that is, once these are loaded, placed and stowed in their totality on board the wagon or platform wagon to be used for providing the transport and, if applicable, once the transport contract has been completed, as stated in condition 3.3, without prejudice to the possible responsibility of the loader and/or sender.
b/ Circumstances of exemption from responsibility:

In the specific circumstances listed below, Renfe-Operadora will not be responsible for damages occasioned to the commodities and goods registered for one or more of the following causes:

I. Risk inherent to transporting the goods in open wagons, by virtue of what is stipulated in special prices or what is agreed with the issuer and recorded in the declaration-consignment note.
II. Risk resulting from lack of packaging, or defects in packaging, for goods that by their nature are exposed to variations in weight or damage when they are not packaged, which could not be appreciated at the moment of registration.
III. Risk inherent in operations of loading and unloading, or resulting from defective loading, for the goods loaded by the issuer or unloaded by the recipient.
IV. Special risk, whether of total or partial loss, or particular damage, by breakages, internal or spontaneous deterioration, oxidation, extraordinary shrinkage, desiccation or reduction of certain exposed goods for causes inherent in their nature.
V. Risk resulting from the fact that objects excluded from transport have, nevertheless, been issued under an incorrect, inexact or incomplete designation, or from the fact that objects that are only admissible under certain conditions have been registered under an incorrect, inexact or incomplete designation, or without the issuer having taken the established or recommended measures of precaution.
VI. Insufficient or incorrect markings or lettering on the item packs that make up the consignment.

However, Renfe-Operadora may be responsible for loss and damage resulting from the causes described, if it can be proved that they occurred because of its negligence, for not having taken into account the special instructions that it may have been given, or for not having taken normal precautions of diligence, unless the loader and/or sender have committed falsehood in the declaration-consignment note by indicating a type of commodity or property in the goods that make up the issue that is different from the actual type or property.
If, despite the precautions referred to in the previous paragraph, the goods that make up the issue run the risk of being spoiled during transport because of their nature or inevitable accident, without there being time for their owners to dispose of them, Renfe-Operadora may request the judicial authority to put the goods up for sale or for the competent Transport Arbitration Board to expropriate them.

c/ Valuation of damage, loss, faults or delays:

The valuation of the amount that Renfe-Operadora has to pay in case of damage, loss, faults or delays in registered goods, unless other agreed arrangements apply, will be in line with the current sale price of the goods on the day and in the place of delivery or, at the latest, they must be delivered to the consignee in accordance with what is established in article 363 of the Code of Commerce. This valuation can also be made using the purchase invoice or any other procedure admissible by law.
The fact of having accepted goods with a declaration of value does not prejudge their real valuation, since said declaration only means that this value is the maximum that Renfe-Operadora must pay for damage, loss, fault or, delay if it does not prove that the real value of the goods is less than that declared.
Nevertheless, it will have the right to deduce the carriage fees not paid and the costs of cartage or movements in truck and all costs resulting necessary to deliver the goods registered to the consignee. The sum that Renfe-Operadora must pay in case of damage, delay or loss of the goods, will be valued according to their nature or characteristics, as recorded by the sender in the declaration-consignment note, unless it is discovered that the issuer has committed an error or falsity in determining a different nature or characteristics from those the goods have in reality.

d/ Partial delivery of goods:

If only part of the goods designated to it are made available to the consignee, it will have the right to receive payment from Renfe-Operadora of the price of the part that is missing, in accordance with the valuation established in this Condition.
When partial delivery of the goods is made to the consignee with a delay, this may give cause for compensation, in accordance with the provisions of this Condition.
In case of Renfe-Operadora only being able to deliver part of the goods registered, the consignee will have the right to refuse them if it can show that the part delivered is not useful without the missing part.

e/ Recovery of lost goods:

Renfe-Operadora, in case of the missing goods being found may require the owner of the goods that has been compensated for their loss to take delivery of them in the following two circumstances:

I. In case of the goods appearing within 72 hours of the moment when the transport contract should have finalized, it will be considered as a momentary loss. In consequence, Renfe-Operadora may require the owner to take delivery of the goods. If applicable, Renfe-Operadora will recover the amount paid for damages caused by delay.
II. When the goods appear after the period of 72 hours, Renfe-Operadora will give the consignee the option to take charge of them in way explained for the previous case, or to renounce this option and keep the compensation already paid.

f/ General limits of the responsibility of Renfe-Operadora:

I. Unless there is an express agreement to the contrary, the responsibility de Renfe-Operadora for damage, loss, faults or delays suffered by goods, will be limited from 1 January 2006 to the maximum amount of four euros and sixty-seven cents per gross kilogram missing or damaged. This amount will be updated annually in line with the Retail Price Index (RPI). This limitation of responsibility will not apply when the damage or delay is the result of malicious intent on the part of Renfe-Operadora.
II. When upper limits are agreed or conditions of responsibility different from those set out in the previous section, Renfe-Operadora may request, in compensation, an additional amount over the price of the transport. The amount of the additional payment will be freely set by the parties.
III. Compensation for faults will be compatible with that corresponding to the case of delayed delivery of goods, in accordance with this Condition, without the sums of these compensations being able to exceed what Renfe-Operadora would have to pay in case loss of the goods.

4.16.2. Responsibility for damage, loss, faults and removal of Goods

In accordance with what is established in railway sector legislation, in case of the declaration-consignment note not indicating any reservation, except in unforeseeable circumstances, circumstances of force majeure or because of the nature or defects of the goods, Renfe-Operadora will be responsible for damage, loss, faults and removal of goods that occur during the transport entrusted to it.

These circumstances will be checked on making the delivery to the consignee. Even so, it may refuse to accept responsibility if it can prove that the damage is due to unforeseeable circumstances, force majeure or because of the nature or defects of the goods.

Consequently, except in the circumstances mentioned above, Renfe-Operadora will be obliged to deliver the goods in the same condition in which, according to the consignment note, they were found when received, without any detriments or losses. Failing this, it will have to pay the value within the limit referred to in this Condition.

In accordance with what is established in article 365 of the Code of Commerce, if partial deterioration occurs in some of the goods transported, the consignee will be obliged to accept receipt of the goods that are in good condition, unless it can prove that it is not possible to use them adequately because of the fault or deterioration caused. Goods will be separated by different or loose parts, without permitting the division of single objects. This will be applicable to packaged or enclosed goods, to be distinguished from item packs that appear in good condition.

4.16.3. Responsibility for delayed delivery of Goods. Refusing delivery for this reason.

In case of delivery to the consignee not being made within the maximum periods established in these General Conditions for a cause attributable to Renfe-Operadora, the latter will be responsible for damages caused by the delay. It falls to the consignee to prove the existence of such damages, which must be a direct consequence of the delay experienced by the consignment.

Compensation for delay in transport can never exceed the value of the goods, on the day and in the place due for delivery. This compensation may be compatible with that corresponding to faults in the goods transported with delay; but the sums of these compensations will always be limited to the value of the goods, calculated in accordance with what is set out in the previous part of this Condition.

When the cause of the delay is attributable to Renfe-Operadora, the consignee may refuse the transported items, on condition that it communicates this in writing before their arrival at the destination point, and once the maximum periods allowed for the delivery are exceeded, taking account of what the next section indicates.

When such a refusal of goods occurs, Renfe-Operadora will pay their total amount, in accordance with this Condition, as if the goods have been lost or misplaced, without payment of damages under any circumstances.

4.16.3.1. Maximum periods of carriage. If the parties have not agreed a specific period for delivery of the goods to the consignee, the maximum periods for the diverse operations related to the carriage are those indicated below, to which should be added, if applicable, those established for complementary journeys from or to port accesses, special detours and services of collection or delivery to an address, respectively:

Issue period: 24 hours from the time of making the registration.
Transport period: journey of up to 300 km on the basis of 24 hours per indivisible fraction of 150 km; on the journey exceeding 300 km, this fraction will be 125 km; in both cases, excesses of distance of not more than 25 km will not be counted.
Period for transfer in combination connections:

between railway lines with the same track gauges, 24 hours.
between railway lines with the same track gauges, 24 hours.

Period for delivery at the destination: 12 hours

The sum of the maximum periods for the aforementioned diverse operations related to the transport will be taken as the normal period of transport.

The following will also be taken into account:

a/ If the time of registration is omitted in the declaration-consignment note and duplicate voucher, it will be considered to have taken place, unless proved to the contrary, at twelve noon on the day of registration.
b/ The maximum transport periods will always be calculated according to the actual distances existing in the valuation route.
c/ Public holidays will not be counted in calculation of the transport period.

4.16.3.2. Responsibility of Renfe-Operadora in case of delay.

Once the normal transport period has transpired (increased, where applicable, by any different period that an existing agreement may establish), the consignee, unless some other penalty has been agreed on, will be entitled to compensation of up to 25 per cent of the carriage fees for the consignment, calculated with reference to the applicable prices and subject to the following scales, unless it is demonstrated that the delay results from force majeure, unforeseeable circumstances or a cause attributable to the consignee.

For delay of one or two days: Compensation of 10%
For delay of three days Compensation of 15%
For delay of four days Compensation of 20%
For delay of five or more days Compensation of 25%

The percentage of compensation will be calculated using the amount paid to Renfe-Operadora. This will be obtained by applying the price of the transport itself and incidental costs linked directly to this transport, which must have been anticipated (such as those inherent in loading and unloading); to the contrary, no such calculation will be made using incidental costs that are not strictly linked to the price of transport.

For this reason, once the maximum transport periods have passed without the consignment being delivered to them, all consignees are entitled to receive confirmation from the final destination station, recorded in the duplicate voucher of the consignment note, that the consignment has not been made available to them.

5. CONDITIONS APPLICABLE IN CASE OF DISPUTE

5.1 Applicable framework

These conditions apply to all transport contracts that Renfe-Operadora formalizes with third parties for regular transport of goods by rail provided within the country; without prejudice to application of the conditions established in the corresponding special prices for specific transport services, and any other agreements reached by the parties to the transport contract.

Anything not provided for in these conditions will be covered by railway sector legislation, the Code of Commerce, the Civil Code and other standard general regulations.

5.2. Transport arbitration boards

a/ Disputes regarding compliance with the Contract: Subject to the provisions of the Land Transport Planning Act 16/1987, of 30 July and Royal Decree 1211/1990, of 28 September, approving the Land Transport Planning Regulations:

When the dispute does not exceed €6,000, an agreement will be understood to exist to submit to the arbitration of the Transport Arbitration Boards, as long as one of the parties has not specifically expressed to the other its intention to exclude this arrangement before provision of transport begins, or should begin.
When the dispute does not exceed €6,000, an agreement will be understood to exist to submit to the arbitration of the Transport Arbitration Boards, as long as one of the parties has not specifically expressed to the other its intention to exclude this arrangement before provision of transport begins, or should begin.

The claimant party may present its claim either before the competent Board at the point of departure or destination of the transport, or before the competent Board in the place where the contract is signed, unless there is a documented agreement to submit to a specific Board.

b/ Deposit, expropriation and expert inspection of the Goods

When no agreement exists to the contrary, the parties to the contract may appeal to the Competent Transport Arbitration Board in the place in which the goods are found to perform the actions of deposit, expropriation or expert inspection of the goods that, as applicable, are proper in accordance with the provisions in the these general terms and conditions of contracting, and in accordance with what is set out in the Order of 30 March 2001, which establishes standards for Transport Arbitration Boards to perform the functions of depositing and expropriating goods.

6. ENTRY INTO FORCE

In accordance with the provisions of article 59 of Railway Act 39/2003, 17th November, the present General Conditions of Contracts of Carriage of Goods have been authorised by the Ministerio de Fomento through the Secretary of State for Infrastructures and Planning resolution dated 18th April 2006; delegated by the Minister of Fomento, by virtue of Order FOM/2893/2005, 14th September (B.O.E 19th September 2005), and will enter into force one month after the Renfe-Operadora railway company has received notification of them.