General Terms and Conditions

1. Definitions

In these general terms and conditions, the following definitions apply:

• "Droppr": Droppr is a digital shipping platform operated by Transportal NV, with its registered office at Watertorenstraat 8, box 11, 9300 Aalst, and registered with the Crossroads Bank for Enterprises under number 1020.116.732
• “General Terms and Conditions”: the current general terms and conditions of Droppr that apply to the use of Droppr.
• “Services”: the services offered by Droppr, including those listed on its website www.Droppr.be
• “Party”: any legal entity that registers on the Droppr platform as a Carrier or Shipper.
• “Agreement”: the individual agreement entered into between the Sender and the Carrier via the Droppr platform.

2. Applicability

• By registering with Droppr, each Party expressly agrees to these General Terms and Conditions. If the General Terms and Conditions are not accepted, access to or use of Droppr's services is not permitted. These General Terms and Conditions can be consulted at any time on Droppr's website (https://www.droppr.be/algemene-voorwaarden).
• If any provision of these General Terms and Conditions is wholly or partially void or unlawful, this shall not affect the validity and enforceability of the remaining provisions or of the part of the provision concerned that is not void or unlawful.
• Droppr reserves the right to amend or update its General Terms and Conditions. The parties will be notified of this in an appropriate manner, and continued access to or use of the platform will constitute acceptance.

3. Droppr's Services

• Droppr provides a digital shipping platform that connects Shippers and Carriers for the domestic and international transport of goods by road. To access Droppr's services and book shipments or accept loads, you must register by creating an account.
• Shippers can submit a request for the transport of goods, after which a quote for the shipment will be provided. Once the Shipper has accepted the quote, payment will be made, after which Droppr uses real-time data on location, capacity and traffic to ensure that suitable Carriers are shown the request.
• If a request is accepted by a Carrier, the Parties will receive each other’s contact details, and from that moment a contract of carriage (“Agreement”) will be concluded between the Sender and the Carrier. Droppr is not a party to the Agreement.
• Droppr does not guarantee that a request will be accepted by a Carrier, that a quote will always be available for the shipment, or that the best possible match will be made. Obvious mistakes or errors in a quote are not binding.

4. Registration

• Parties must register on the platform using accurate, current and complete information and must ensure that all information remains up to date. Droppr is not liable for the consequences of any incorrect, incomplete or outdated information or documentation provided by the Parties.
• The Parties undertake to comply with all applicable laws and to use Droppr solely for its intended purpose.
• Droppr reserves the right to suspend or delete accounts in the event of breaches of these General Terms and Conditions.
• Deceptive or fraudulent use will result in immediate exclusion.

5. The Agreement

• As soon as a Carrier accepts an assignment, a binding agreement is formed between the Sender and the Carrier.
• Droppr is not a party to the agreement, does not provide transport services or other logistics services, and does not act in any way as a sender, carrier, freight forwarder, or any other logistics service provider.
• The Parties are responsible for complying with their respective obligations. Complaints must be resolved between the Parties to the Agreement.
• Droppr does not mediate between the Sender and the Carrier with respect to costs arising from or related to the Agreement. Mediation may only take place upon an express request, without any obligation to achieve a particular result. Droppr reserves the right to refuse such a request without stating reasons and to charge the costs of mediation to the Party that requested it, provided these costs were discussed in advance.

6. Obligations of the Carrier towards the Sender

• The Carrier is required to insure any liability that may arise from the Agreement by means of carrier’s liability insurance (CMR), for both domestic and international transport. In addition, compulsory motor vehicle liability insurance (WAM) must be taken out for each vehicle used for transport.
• The rules of the CMR Convention shall mandatorily apply to the Agreement between the Carrier and the Sender, supplemented by the General Conditions for Road Transport, which are available on the Febetra website (https://febetra.be/wp-content/uploads/2014/07/algemene_voorwaarden_wegvervoer.pdf), insofar as these General Terms and Conditions do not provide otherwise, and to the exclusion of the general terms and conditions of the Sender or the Carrier.
• The Carrier must deliver the shipment to the consignee named on the consignment note or to another person who appears to be authorised to accept the shipment on the consignee's behalf (such as persons located in the same building as the consignee or the consignee's neighbours). The consignee may inform the Carrier of their alternative delivery preferences.
• The Carrier is required to confirm delivery on the Droppr platform as soon as possible, and no later than within 48 hours, and to provide the Sender with a copy of the consignment note containing the particulars specified in Article 6 of the CMR.
• If the Carrier cancels the Agreement or fails to collect the shipment (no-show), it must provide a substantiated reason. Any costs incurred or to be incurred as a result shall be borne by the Carrier.
• If the Carrier will not arrive at the pickup and/or delivery address within the specified time window (pickup and delivery time), it must contact the Shipper or consignee as soon as possible. The Carrier is liable for any and all resulting consequences and costs.

7. Obligations of the sender towards the carrier

• When submitting a request, the Sender is required to provide all necessary information and documentation requested on the Droppr platform and which the Sender knows or ought to know may be relevant to the Carrier, including, but not limited to, the type of goods, dimensions, weight, dangerous goods (ADR), refrigerated goods, high-value goods, packaging, and required permits.
• Droppr shall not be deemed responsible for verifying the accuracy of the information provided by the Sender, nor the authenticity or validity of the documents submitted.
• Changes made after the agreement has been concluded may result in additional costs for the Carrier, which may be charged to the Sender.
• If the Shipper cancels the agreement or if the goods are not ready to be loaded within the specified time window (collection time), the Shipper must provide a substantiated reason. The Shipper remains liable for payment of the accepted quoted price and shall bear any costs that have been or will be incurred. The Shipper may opt for a new shipment under similar terms, provided that the Carrier agrees.
• The goods covered by the Agreement must be protected against normal transport risks and presented as a safe load unit.

8. Payment

• Upon acceptance of the quotation, the Sender is immediately required to pay the agreed price. Payment must be made in full and in advance (prepaid).
• An agreement between the Sender and the Carrier can only be concluded once full payment has been received. Droppr is not a party to the agreement. If no agreement is concluded with a Carrier, Droppr will refund the amounts received within 7 calendar days of cancellation of the quotation.
• Droppr solely facilitates payments and does not operate as a carrier or freight forwarder, nor does Droppr assume any liability for the transport.
• Droppr will invoice the Sender and collect the amounts due, including a service fee. Droppr is entitled to issue and send invoices electronically.
• Droppr will periodically transfer the amounts it has collected, on either the 1st or the 15th of each month, for transport services (collection and delivery) performed during the period preceding the invoice date, with the service fees deducted automatically. The percentage or amount of the service fee will be communicated in advance when the request is accepted. The service fees cover, among other things, the rights to use the platform, brokerage, administrative processing, and any payment transaction fees.

9. Liability

• Droppr acts solely as an online shipping platform and is not responsible and/or liable for the accuracy or inaccuracy of any data, statements, or any other form of communication posted by the Parties on the platform.
• Droppr will make all reasonable efforts to ensure that the platform is available without significant interruptions. Droppr does not guarantee in any way that the platform will be free from unforeseen disruptions.
• Unless mandatory statutory provisions stipulate otherwise, Droppr may only be held liable if it, or any person for whom it is responsible, commits gross or intentional misconduct, or an act that has harmed a person's life or physical integrity.
• In the event that Droppr is liable, its liability shall be limited to an amount of €500 per event or series of events arising from the same cause.
• Droppr's liability is strictly limited to direct damages, to the exclusion of all other forms of damage or loss, including, but not limited to, loss of profits, income or revenue, and similar forms of non-material, commercial and consequential damages.
• Droppr, as well as its directors and permanent representatives, cannot be held liable in tort for damage resulting from concurrent faults.

10. Detection of illegal content

• Droppr will, on its own initiative, conduct voluntary investigations in good faith or take other measures aimed at detecting, identifying and removing illegal content or disabling access to it.
• As soon as Droppr becomes aware of illegal content (e.g. prohibited substances or illegal products) on the platform, it will promptly remove the illegal content or disable access to it.
• The posting of illegal content by Parties may result in the suspension or termination of the relevant Party's account, in which case all agreements will be cancelled and no refund will be due. Droppr will provide the reasons for each restriction imposed.
• Parties may appeal a decision imposed by Droppr within six months of notification. The appeal must be submitted in writing and state the reasons on which it is based, after which it will be handled in a timely, non-discriminatory, diligent and non-arbitrary manner. Parties will be notified of the reasoned decision.
• If Droppr becomes aware of information giving rise to a suspicion that a criminal offence has been, is being or is likely to be committed that poses a threat to the life or safety of one or more persons, it will immediately inform the judicial authorities of its suspicion and provide all available relevant information.
• Droppr provides an electronic reporting channel for reporting suspected illegal content or activities on the platform. Reports can be submitted via info@Droppr.be. Each report must be sufficiently substantiated, preferably with relevant supporting evidence.

11. License

• Following registration by the parties, Droppr grants a limited, non-transferable right of use (licence) to access the Droppr platform.
• Droppr is not responsible or liable for the accuracy, integrity or quality of third-party websites, advertisements, products or services, or third-party content made available to or accessed by the Parties while using the platform. The Parties are solely responsible for all activities and communications on the platform.
• The Parties do not acquire any ownership rights, including intellectual property rights, or any interest in Droppr's services.

12. Intellectual property

• All intellectual property rights relating to the platform, software and content are owned by Droppr or its licensors. By using Droppr, the parties agree to do so solely for the intended purpose and to comply with these General Terms and Conditions.
• It is prohibited to monitor, copy, distribute, or otherwise use any part of the platform for commercial purposes without written permission.
• Upon registration, parties consent to the processing of their data for the purpose of operating the platform.

13. Data Management

• The Parties grant Droppr the right to use, reproduce, distribute electronically, publish, transmit, display, store, archive, modify and delete without prior notice any information, data, communications and documentation that the Parties display, submit or transmit via the platform.
• By using Droppr, the Parties agree to receive communications from Droppr or one of our service providers, such as phone calls, emails, text messages, and push notifications, which may be generated by an automated system. These communications include, but are not limited to, informational messages relating to the Services, requests for consent, updates and additional features for the platform's Services, and advertising messages.
• Droppr will make all reasonable efforts to prevent cyberattacks, hacking, data breaches, or other forms of digital intrusion. Nevertheless, Droppr can never completely rule out such incidents and shall under no circumstances be held liable for any damage arising from such incidents, provided that all reasonable technological and organizational security measures have been taken in accordance with generally accepted standards.

14. Location

• By collecting real-time location and status data from drivers and vehicles through IoT devices such as GPS trackers, telematics sensors, and mobile apps, Droppr continuously feeds accurate information into the matching algorithm.
• By accepting these General Terms and Conditions, the Parties grant Droppr permission to locate and obtain the geographical location of their vehicles and drivers based on the geographical location of mobile devices. Droppr uses such location information to match Shipper requests with nearby vehicles that have sufficient available capacity, as well as to track shipments and provide Shippers and Carriers with transport updates.
• Droppr may retain the location data in anonymized form indefinitely. Droppr takes appropriate measures to protect the privacy of the parties.

15. Governing law and competent court

• These General Terms and Conditions and all agreements between the Sender and the Carrier, as well as those with Droppr, are governed by Belgian law.
• For all disputes arising out of or relating to these General Terms and Conditions, the use of the Droppr platform, agreements with Droppr, as well as agreements between the Sender and the Carrier, the courts of the judicial district of Antwerp shall have jurisdiction, without prejudice to the courts designated under Article 31 of the CMR for agreements between the Sender and the Carrier.