Regulations of the Trans.eu Certified Express Elite (TCE Elite) program of certification and promotion of certified companies
Upon the publication of these reuglations all the previous regulations cease to be in force and the new provisions shall apply in their place.
Last update of the regulations: 20-11-2019
Program – a program specifying the conditions of the certification process consisting in gathering data and information about the Trans.eu Platform Users, applying for the TCE Certificate, verification of Users, awarding, suspending, and withdrawing the certificates, in which the Trans.eu Platform Users, the Organiser and its representatives, collaborators and Partners participate.
Organizer – Program organiser – Trans.eu Group S.A. with its registered office in Wysoka, ul. Chabrowa 4, 52-200 Wysoka, entered in the register of entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under number 0000720763.
User – User defined and meeting the conditions specified in the Regulations for the Provision of Services and Access to the Trans.eu Logistics Platform, available at: https://www.trans.eu/en/regulations.
Participant – User of the Trans.eu Platform whose application for the TCE Elite Certificate is under verification.
Audit – all activities that consist of the evaluation of all data available to the Organiser and submitted by the User, as well as information necessary for the verification of the Participant’s application and issuing the decision about certification. Audit actions shall be taken with the use of Audit for Carrier – a paid tool to verify carriers. In this case the audit cost shall be incurred by the User, unless the Organizer decides otherwise.
TCE Elite Auditor – a representative of the Organiser’s company, who supervises correct conduct of the certification Audit at the Participant’s request.
Certification Commission – a body consisting of at least one representative of the Organiser’s company, who is appointed to make decisions on awarding, suspending, and withdrawing the TCE Elite Certificates based on the Audit results and TCE Elite Auditor’s opinion. The Commission is appointed by the Organiser in accordance with the representation, whereas the dates of meetings, the number of members and the scope of the Commission’s activities are determined by the Organiser, in accordance with policies applied by the Organiser.
TCE Elite Certificate – a document confirming certification, bearing a unique number corresponding to the TransID number, which by the decision of the Certification Commission was assigned to the Trans.eu Platform User.
Certified Participant – a Trans.eu Platform User awarded with the TCE Elite Certificate.
Partner – an entity active in the TSL industry, whose evaluation of Users in the Certification Program additionally confirms high quality of services provided by the Users on the Trans.eu Platform.
Certificate of Professional Competence – a document confirming obtained qualifications and knowledge necessary to start and perform business activity in the scope of road transport.
Authorisation to engage in the occupation of road transport operator – an administrative decision which entitles the entrepreneur satisfying the conditions of the Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 to pursue the occupation of road transport operator.
Road carrier’s liability insurance in domestic traffic – insurance for natural persons, legal persons or organizational units that are not legal persons, who, for commercial purposes, perform road transport of goods in domestic traffic using their own vehicles or subcontracted vehicles.
Road carrier’s liability insurance in international traffic – insurance for natural persons, legal persons or organizational units that are not legal persons, who, for commercial purposes, perform road transport of goods in international traffic using their own vehicles or subcontracted vehicles.
Other documents of the User – specialist permits and certificates.
Trans.eu Platform – an online information and service website owned and administered by Trans.eu Group S.A. with its registered office in Wysoka, ul. Chabrowa 4, 52-200 Wysoka, Poland, entered in the register of entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under number 0000720763, NIP [Tax ID No.]: 8942764658, REGON [Business Statistical No.]: 932920615, with share capital of PLN 104,500.00, available at: www.trans.eu, and other related addresses, via the business Messenger, as well as in the Web and mobile versions.
Trans.eu Platform Regulations – Regulations for the Provision of Services and Access to the Trans.eu Logistics Platform, available at: https://www.trans.eu/en/regulations.
Audited Insurance – a high quality insurance policy that meets the standard set by Transbrokers.
Databases of Economic Information – institutions collecting data about unreliable debtors or other economic data. Examples of such institutions are: ERIF Biuro Informacji Gospodarczej (Economic Information Bureau), BIG InfoMonitor, Krajowy Rejestr Długów BIG (National Debt Register), KBIG Krajowe Biuro Informacji Gospodarczej (National Economic Information Bureau), KITD Krajowa Informacja Długów Telekomunikacyjnych (National Telecommunications Debt Information), and other, similarly presenting reliable data on various business entities.
Online Promotional Materials – a package containing a PDF document confirming the TCE Elite certifcation, certificate logotypes, website banners and any other materials promoting the TCE Elite Certificate and the Certified Participant, for online use.
Promotional materials – a package containing truck stickers accessories promoting the TCE Elite Certificate and the Certificate Participant.
If these Regulations refer or point to the Trans.eu Platform Regulations, the provisions of the the Trans.eu Platform Regulations shall apply.
In case of any doubts about interpreting these Regulations, the definitions and provisions of these Regulations shall apply first, followed by the definitions and provisions of the Trans.eu Regulations. If the capitalised definitions do not have an explanation in the Regulations, they shall be interpreted in accordance with the current definitions and provisions of the Trans.eu Platform Regulations.
These Regulations define the rules for submitting an application, evaluation and verification of the Participant, as well as awarding, suspending, and withdrawing the TCE Elite Certificate in the Program.
INFORMATION ABOUT THE TRANS.EU CERTIFIED CARRIERS ELITE PROGRAM FOR CERTIFICATION AND PROMOTION OF CERTIFIED COMPANIES
The Trans.eu Certified Express Elite is the Certificate awarded to the Participants in order to distinguish and promote honest and reliable Users operating in the transport industry, in particular, providing services of road transport of goods by motor vehicles with a maximum permissible weight of up to 3.5 tons.
The TCE Elite Certificate is a proof of care for the highest quality and security of transactions offered and carried out by the Certified Users via the Trans.eu Platform. The information about the Certified Participants to confirm their specific expertise is published via the Trans.eu Platform and distributed in a different manner specified in the Regulations.
Awarding the TCE Elite Certificate to the Program Participant involves benefits specified each time by the Organiser, which may consist in: awarding benefits related to the use of the Trans.eu Platform or other benefits at the Organiser’s discretion.
By entering into the Program, the User accepts these Regulations together with the related documents, such as the Trans.eu Platform Regulations.
The Certified Participant who was awarded the TCE Elite Certificate, grants consent to publication of the information on awarding, suspension and withdrawal of the TCE Elite Certificate at the websites of Trans.eu Group S.A. and its affiliates, as well as, in particular, at the Organiser’s websites https://www.tceelite.eu.
PROCEDURE OF AWARDING THE TCE ELITE CERTIFICATE
The User applying for the TCE Elite Certificate shall meet all the criteria specified in these Regulations.
The Certificate is awarded upon the User’s application.
The refusal to award, withdrawal or suspension of the TCE Elite Certificate takes place by a unilateral decision of the Organiser. However, such a decision should be justified.
The suspension or withdrawal of the TCE Elite Certificate may take place as a result of discontinuation of the Program by the Organiser, after informing the Participant or Certified Participant.
The TCE Elite Certificate is issued in the form of a document sent to the address of the Certified Participant, as well as the status displayed on the Trans.eu Platform. The document confirming the awarded TCF Elite Certificate is sent in the PDF format via e-mail and/or in the form of a certificate with a holographic mark to the correspondence address of the Certified Participant.
The TCE Elite Certificate is issued for one year, starting from the date of awarding the TCE Elite Certificate.
In the event of suspension or withdrawal of the TCE Elite Certificate by the Organiser without a justified reason, the Participant or the Certified Participant may submit a complaint, unless the circumstances referred to in point 3.4 arise.
The User is registered to the Program by logging in to the Audit for Carrier tool at https://www.tceelite.eu.
The TCE Elite Certificate is awarded to the Participants whose credibility, reliability and high quality of provided services is verified, among other things, through:
the level of completing of the account registered in the Trans.eu Platform by the Participant/Certified Participant, with the following content:
updated contact details,
updated documents (license to pursue the occupation of a road transport operator, the road carrier’s liability insurance in domestic and international traffic, the Certificate of Professional Competence),
updated information on the owned fleet, in particular, vehicle year, combustion class and vehicle tracking systems (GPS, telematics),
business activity calculated by the number of:
transactions carried out in the given period of time;
positive opinions given by the Participant’s/Certified Participant’s counterparties, posted in the Ratings and Comment System of the Trans.eu Platform;
credibility supported by:
seniority and experience on the TSL market,
impeccable reputation resulting, in particular, from recommendations of the regular and trusted Users of the Trans.eu Platform.
The detailed conditions as well as criteria for awarding the TCE Elite Certificate are specified in point 5. Conditions of awarding the TCE Elite Certificate.
The Participant’s verification shall be carried out by the Organiser by means of an audit of all the required competences of the Program Participant.
The audit is conducted with the use of the paid tool – Audit for Carrier, whereas the verification price depends on the number of vehicles owned by the Program Participant. The Organizer reserves the right to modify the price or set it individually in agreement with the Participant. The price list for the audit conducted with the Audit for Carrier tool is published at www.tceelite.eu.
The condition for starting the certified Audit is providing complete information in the Audit for Carrier panel and confirmation of the accuracy and validity of the data.
The Auditor verifies the data provided by the Participant and specified in point 3.9 of these Regulations.
At the discretion of the Auditor, the Participant’s data, obtained from the Program Partners, is verified.
The Organiser may refuse to award the Participant with the TCE Elite Certificate if the Participant fails to meet all the requirements specified in point 5 of these Regulations.
Irrespective of fulfilling the requirements specified in these Regulations, the Organiser may refuse to award the TCE Elite Certificate if there are reasonable suspicions as to the accuracy and validity of data and information about the Participant or the Certified Participant, his solvency or legitimacy of activities undertaken by the Participant/Certified Participant, also in the situation of such activities, or suspicions of such activities of the Participant/Certified Participant which result or may result in damage to the Organiser, in particular, damage related to the brand of the Trans.eu Certified Express Elite or the Trans.eu Platform.
At each stage of the verification process the Organiser may request that the Participant/Certified Participant submits additional documents and information in order to maintain or renew the Participant’s/Certified Participant’s TCE Elite Certificate.
The Organiser awards the TCE Elite Certificate after conducting the Audit and upon fulfillment by the Participant of the detailed criteria in the certification process.
The Organiser declares that the Certified Participant satisfies the requirements specified in these Regulations on the day of awarding the TCE Elite Certificate.
CONDITIONS OF AWARDING THE TCE ELITE CERTIFICATE
During the Audit, the detailed quality criteria are verified. They are divided into 5 areas: Information and specializations, Insurance coverage, Opinions, Fleet, Telematics.
In each area the Participant shall fulfill all the requirements clearly specified by the Organiser. The list of certification criteria is made public and published at www.TCEelite.eu.
The Participant fulfills the requirements, in particular, if:
in the Information and specializations area:
pursues business activity for minimum 2 years (this period is counted from the date of registration of the entrepreneur in the respective register),
the Participant’s profile on the Trans.eu Platform is updated in the scope of the Participant’s company data, such as: company name, address, phone number, e-mail address, VAT number, business start date and the type of provided services in the TSL industry,
holds a complete documentation, including: the certificate of assignment of VAT number, Community licence, the road carrier’s liability insurance in the domestic and international traffic, at the Organiser’s discretion: the Certificate of Professional Competence, authorisation to engage in the occupation of road transport operator, as well as other specialized authorisations and certificates being subject to evaluation by the Certification Commission.
in the Insurance coverage area:
owns a valid road carrier’s liability insurance in domestic and international traffic, has the status of Audited Insurance which is assigned in the course of the audit in accordance with point 4.8 of these Regulations,
in the Opinions area:
has the minimum number of 20 positive ratings in the Ratings and comments system and minimum 95% of positive opinions issued by contractors (carrier rating) on the Trans.eu Platform in relation to neutral and negative opinions,
in the Fleet area:
over 75% of the Participant’s vehicles are not older than 5 years from the date of production, and satisfy Euro 5 or Euro 6 combustion standards, as well as over 75% of the Participant’s semi-trailers are not older than 8 years counting from the date of production.
in the Telematics area:
the Participant’s vehicles mentioned in point 184.108.40.206. are equipped with the telematics solutions integrated with the Trans.eu Platform.
After the Participant’s verification, the Certification Commission issues the decision on granting the TCE Elite Certificate or its rejection, yet, the negative decision shall contain the justification presented to the user in the oral or written form.
In the event of the refusal to grant the TCE Elite Certificate, the Organiser is obliged to justify the decision, in particular, indicate the criteria which were not fulfilled by the Participant, as well as present any potential solutions which may result in satisfying the above certification criteria. The decision on applying the proposed solutions shall be made by the Participant.
The Participant shall be informed via e-mail about issuing a positive or negative decision on granting the TCE Elite Certificate.
The Certified Participant shall also receive the Online Promotional Materials and Promotional Materials.
OBLIGATIONS OF THE PARTICIPANT AND/OR THE CERTIFIED PARTICIPANT OF THE PROGRAM
By accepting the conditions of these Regulations, the Participant declares that there are no ongoing bankruptcy or liquidation proceedings against him, and there are no grounds to initiate such proceedings.
The Participant / Certified Participant bears sole and full responsibility for the accuracy and validity of the data provided in the certification process and published on the Trans.eu Platform for the duration of TransAudit. In the event of any change, the Participant / Certified Participant is obliged to correct and provide valid data to the Organiser, at the latest within 7 days of receiving information about the changes.
The Participant / Certified Participant bears sole and full responsibility for failure to perform or improper performance of contracts, orders and other transactions accepted via the Trans.eu Platform or outside the Platform, and, at the same time, releases the Organiser from any liability in this respect.
The Certified Participant is obliged, at all times, to comply with the protection rights to the TCE Elite Certificate mark, and bears responsibility for incorrect, inconsistent with the Regulations and unlawful use of the TCE Elite Certificate mark.
In order to maintain the awarded TCE Elite Certificate, the Certified Participant is obliged to:
update the Trans.eu Platform profile right after receiving information about any changes, including changes of information, data, documents, legal status, etc.,
fulfill the conditions of awarding the certificate, referred to in points 5.2 and 5.3 of these Regulations, and in the event of failure to meet the above conditions, the Certified Participant shall change this situation within 1 month from the date of finding these incompatibilities;
RIGHTS OF THE PARTICIPANT AND/OR THE CERTIFIED PARTICIPANT OF THE PROGRAM
The Participant who was awarded the TCE Elite Certificate by the Certification Committee’s decision, receives from the Organiser a document which confirms awarding the TCE Elite Certificate, and the Participant is granted the status of the Certified Participant on the Trans.eu Platform.
The Organiser authorises the Certified Participant to:
use the received Online Promotional Materials and the Promotional Materials in accordance with their intended use and the rules defined by the Organiser,
post information about the awarded TCE Elite Certificate on the website and through other media used by the Certified Participant,
add to the Certified Participant’s profile on the Trans.eu Platform the received document which confirms awarding the TCE Elite Certificate in a PDF format,
refer to the TCE Elite Certificate during negotiations with business partners,
use the awarded TCE Elite Certificate for marketing purposes, promotion of the Certified Participant’s company, conducting business negotiations,
place the Trans.eu Certified Carrier Elite stickers on the vehicles owned by the Certified Participant and used to provide transport services.
The Organiser reserves the right to request removal or change of the above actions of the Certified Participant if:
the Organiser finds non-compliance with the adopted rules of using the TCE Elite Certificate, Promotional Materials, or Online Promotional Materials,
the content posted by the Certified Participant is untrue or violates the personal interests of the Organiser.
The Certified Participant is entitled to use the logotype and number (which is also the User’s TransId number) of the TCE Elite Certificate as part of the ongoing transport activities within one year from being awarded the TCE Elite Certificate. In the event of withdrawal or suspension of the TCE Elite Certificate, or in the event of termination of the Certified Participant’s business activity, the Certified Participant shall lose the right to use the logotype and number of the TCE Elite Certificate.
The Organiser shall not be liable for transactions concluded with the Participants or Certified Participants.
The Certified Participant has no right in any form to:
lend the TCE Elite Certificate or the logotype to other Users or entities,
place the TCE Elite stickers on other vehicles than those indicated during the Audit (fulfilling the certification requirements), in particular, vehicles of other Users or entities.
The Participants are not allowed to use, in any form, the TCE Elite Certificate or the rights that the Certified Participants receive under the TCE Elite Certificate. The Participant shall be fully liable for damage caused by an unauthorised use and/or disposition of the TCE Elite Certificate or its elements, logotype, etc.
The Organiser shall not be liable for:
failure to execute or improper execution of orders accepted or made in relation to the use of the TCE Elite Certificate,
actions or omissions of the Users, Participants or Certified Participants and third parties related to the breach of the Regulations,
solvency or insolvency of the Certified Participants,
improper use of the TCE Elite Certificate,
third party claims and damages caused in relation with the use of the TCE Elite Certificate,
suspension, withdrawal or refusal to award the TCE Elite Certificate for any reason,
failures of the Trans.eu Platform software, used by the Certified Participant in relation with the awarded TCE Elite Certificate,
no display or display of outdated information about the awarded, withdrawn or suspended TCE Elite Certificates on the Trans.eu Platform or other systems into which the Certified Participant enters the TCE Elite Certificate logotype,
infringement of copyrights to the TCE Elite Certificate mark or any of its elements – the logotype, by the Certified Participant or other entities, with which he shared or could share the mark or logotype of the TCE Elite Certificate,
lost benefits of the Participants / Certified Participants in relation to the awarded, withdrawn, suspended TCE Elite Certificate or refusal to award it.
SUSPENSION OR WITHDRAWAL OF THE TCE ELITE CERTIFICATE
In order to maintain the prestige of the TCE Elite Certificate, the Organiser has the right, at any time, to:
re-verify the Certified Participant;
request additional documents, information and data necessary to confirm the fulfillment of the conditions and criteria specified in the Regulations for holding the TCE Elite Certificate.
conduct a verification audit at the place of business of the Participant / Certified Participant.
The Organiser is entitled to suspend the TCE Elite Certificate in the event that the Certified Participant:
ceases to fulfill any of the criteria specified in point 5.3 of these Regulations and/or violates the obligations specified in point 6 of these Regulations,
violates the Regulations and/or the Trans.eu Platform Regulations available at: http://www.trans.eu/en/regulations,
suspends business activities specified for the TSL industry,
If there are any premises for failure to satisfy any of the criteria referred to in these Regulations, the Organiser shall inform the Certified Participant about these circumstances and ask to remedy this situation within the period specified by the Organiser, however no longer than 2 months. If, after this date, the Certified Participant still fails to fulfill the criteria necessary to hold and use the TCE Elite Certificate, the Organiser shall withdraw the TCE Elite Certificate. In such a case, the Organiser shall request that the Certified Participant ceases to use the TCE Elite Certificate and removes the Certificate information from its Trans.eu Platform profile and other systems into which the User entered any elements of the TCE Elite Certificate or its logotype. Upon being informed about the Organiser’s decision to withdraw the TCE Elite Certificate, the User loses the rights referred to in point 7 of these Regulations.
The Organiser shall be entitled to withdraw the TCE Elite Certificate if the Certified Participant:
ceases to satisfy the criteria specified in point 5.3 of these Regulations, and fails to change this situation within the set time limit, in accordance with point 9.3 above;
violates the Regulations of the Trans.eu Platform available at: http://www.trans.eu/en/regulations,
applies for bankruptcy, or an application for bankruptcy is submitted against the Certified Participant,
loses the status of the authorised Trans.eu Platform User, in accordance with the Trans.eu Platform Regulations,
violates the obligations specified in point 6 of these Regulations.
In the cases referred to in point 9.4 of these Regulations, the TCE Elite mark placed in the profile of the Certified Participant on the Trans.eu Platform shall be deleted.
The User who loses the TCE Elite Certificate, may submit another application for the TCE Elite Certificate.
The Administrator of personal data of the Users is Trans.eu Group S.A. with its registered office in Wysoka, ul. Chabrowa 4, 52-200 Wysoka, entered in the register of entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under number 0000720763, contact: 71 734 17 00, firstname.lastname@example.org.
The administrator has appointed the Data Protection Supervisor who can be contacted via e-mail: email@example.com
Personal data is processed in order to:
– prepare to conclude and then perform the contract related to conducting the audit service, provide the Services, including the Account support, in accordance with Article 6(1)(b) of the GDPR;
– arrange direct marketing (including the scope in which the User granted consent for receiving commercial information – including forwarding this type of information) – as the legitimate interest of the Administrator or a third party – Article 6(1)(f) of the GDPR;
– conducting business and commercial activity, as well as sharing data with companies of the Administrator’s capital group, in order to report and run management processes – as the legitimate interest of the Administrator or a third party – Article 6(1)(f) of the GDPR;
– send commercial information to the data provided in the registration form by Trans.eu Group S.A. and entities related to the Trans group based on the consent granted by the Portal user – Article 6(1)(a) of the GDPR;
The recipients of the personal data shall be companies from the Trans.eu group, entities providing IT services, payment services, auditing entities.
The administrator shall store the personal data for the time necessary to execute contracts with the Participant or until submitting the objection to processing the data based on the legitimate interest. At the same time, the Organiser shall store the personal data for the time during which he is obliged to store it, or documents including the date in order to document the fulfillment of legal requirements, including consent for the inspection of their fulfillment by the public authorities.
The person, whom this data concerns, shall have the right to request the Administrator to grant access to this personal data, its rectification, deletion or limitation of processing, as well as the right to object to its processing, including the right to transfer the data.
In the scope of which processing may take place based on the consent, the person has the right to revoke the consent at any time without affecting the conformity with the law of processing which was performed based on the consent before its revoking.
The data is provided voluntarily. Failure to provide the personal data shall result in the inability to use the Portal and have the audit conducted.
COPYRIGHT AND TRADEMARKS
All the trademarks related to the TCE Elite Certificate, graphics, documents, the TCE Elite Certificate logotype or its elements are subject, without limits, to the existing legal protection under the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No. 24, item 83, as amended), and constitute the property of the Organiser or relevant entities of Trans.eu Group S.A..
Use of the trademark by the Users / Participants / Certified Participants shall not mean that it is not subject to legal protection of the Organiser or third parties. All the rights to use the TCE Elite Certificate mark, including the right to use, copy and process, belong exclusively to the Organiser and/or other entities of Trans.eu Group S.A., subject to the relevant points of the Regulations.
The copyright to published works created independently by the Organiser is vested solely in the author. The reproduction or use of graphics, documents, the TCE Elite Certificate logotype or its elements in other electronic or printed publications is not permitted without an explicit written approval of the Organiser.
The Organiser allows the User / Participant / Certified Participant to use graphics, documents, the TCE Elite Certificate logotype or its elements only in the manner specified in these Regulations.
These Regulations enter into force on the day of their publication at: www.TCEelite.eu.
The Organiser has the right to unilaterally change the provisions of these Regulations. The changes enter into force upon their publication at: www.TCEelite.eu.
Submitting an application for the TCE Elite Certificate or accepting the awarded TCE Elite Certificate is tantamount to the acceptance of these Regulations, and the consent for using the Participant’s image and logotype in promotional campaigns related to the TCE Elite Certificate, conducted by Trans.eu Group S.A. and its affiliates.