Transportconditions
General Terms and Conditions of ECL European Cargo Logistics GmbH
For the performance of rail services Lübeck/Verona and Verona/Lübeck
ECL-ALB-Bahn valid as at 1st January 2010
(translated from German, the German text alone is legally binding)
Preamble
The actual ECL-ALB-Bahn replace the previous version of the General Trading Conditions
(GTC) applicable for the rail services between Lübeck and Verona resp. Munich. They are
valid as from 1st January 2010.
1. Scope, differing and supplementary terms and conditions
1.1 We carry your load units on rail from Terminal to Terminal and perform the necessary
crane operations at the Terminal. The Terminals are: in Lübeck-Travemünde Terminal
“Skandinavienkai”, in Verona Terminal “Quadrante Europa, Terminal Gate (QETM)” and in
Munich Terminal “München Laim”. Our services (carriage of load units, transhipment,
intermediate and final storage and other services related to carriage) are rendered in
accordance with the following General Trading Conditions and the conditions set out in
subsection 1.3. For international transports the Uniform Rules concerning the Contract of
International Carriage of Goods by Rail (“CIM”) contained in Appendix B to the Convention
concerning international Carriage by Rail (COTIF 1999) are applicable. The application of
the CIM is deemed to be agreed if in case of a border crossing rail traffic only one of
passing states is a member state of the CIM. The ECL-ALB-Bahn is also applicable in case
the CIM does not contain provisions. The ECL-ALB Bahn are not applicable to contracts
with consumers within the meaning of Section 13 of the German Civil Code (BGB).
1.2 General terms and conditions of customers shall apply only when specifically confirmed
by us.
1.3 Supplementary to these ECL- ALB-Bahn the respective latest versions of the following
terms and conditions are also applicable:
− Prices and terms for the Lübeck/Verona resp. Lübeck/Munich Combined Traffic.
− Regulations for the carriage of dangerous goods by rail (RID)
1.4 Freight forwarding, warehousing and other service customary in forwarding are
rendered on the basis of the latest version of the ADSp (German General Forwarding
Conditions). The Adsp are applicable supplementary and lower ranking to the CIM resp.
outside the scope described in subsection 1.1. hereof.
2. Performance of the Carriage
In the Combined Transport (Intermodal transport of intermodal transport units) we carry
empty and laden load units and render supplementary services based on special agreement
(such as completion of the necessary freight documents). Load units within the
meaning of the General Terms and Conditions (ECL-ALB-Bahn) are: truck trailers, Container
of which the dimensions, corner fittings and strength have been standardized by
the International Standards Organization and swap bodies, i.e. superstructures interchangeable
in operations. Load units must conform to the applicable legal requirements
and technical provisions (e.g. DIN, EN, UIC Leaflets, valid CSC Safety Approval and German
STVG and StVZO). They must be operationally safe and suitable for the goods being
carried. Since we park load units in the open they have to suitable for unprotected storage
and must be tight.
If there is a substantial deviation between the agreed cargo and the actual cargo loaded,
if the permissible gross weight is exceeded, or if carriage is impeded as a result of the
type of cargo or method of loading, we shall request the customer to provide remedy
within a reasonable period of time. If no remedy is provided within the deadline set, we
shall also be entitled to enforce our rights in analogous application of section 419 subsection
3 of the HGB. Should we decide to store the load unit in enforcing our rights as
per section 419 subsection 3 of the HGB our liability is restricted as diligentia quam suis
rebus to gross negligence and willful misconduct.
3. Prices (Freight per transport leg)
The prices contained in the Pricelist (section 1.3.above) include the craning operations to
and from wagons. Not included are additional movements on the Terminals which have to
be carried out by customers`requirements and have to be ordered from the Terminals
separately. Such additional services will be carried out by the Terminals themselves and
invoiced directly without creating a contract with us.
The pricelist has an intended validity from 1st January 2010 to 31st December 2010.
However, the transport order will be accepted for the single leg of transport only unless
framework agreements have been concluded explicitly. In case of transport orders for
single legs only we are entitled to change the prices for each future transport order if the
costs of service justify such change. The pricelist is subject to change and cannot be
relied upon.
4. Schedules
The transit periods mentioned in time schedules are estimated only and no agreed
delivery periods.
5. Free Times in the Terminal
No storage charges will be levied on load units on the day the notice of arrival has been
given and the day thereafter. Storage charges will be imposed on load units which have
not been collected on the day after notice of arrival had been given for further days to the
tune of € 10 per day.
6. Payment conditions
Accounts shall be payable immediately on receipt of invoice without deduction. If payment
has not been made within 12 days of receipt respectively notice of arrival we are entitled
to demand late-payment interest to the amount of five percentage points above the
prevailing basic interest rate of the Deutsche Bundesbank.
Our claims must not be offset or payment be withheld in respect of counter-claims unless
the counter-claim is undisputed or has become res judicata.
7. Liability
7.1 Our liability in border crossing Intermodal Rail Transportation is governed by the CIM
regulations.
7.2 In exclusive national transit our liability for loss or damage is limited to an amount of
8.33 units of account per kilogramme gross weight of the consignment and for delay
according to section 425 and section 431 HGB. Our liability for claims not connected with
loss and/or damage to goods with the exclusion of personal injury claims and claims for
loss and damage to third party goods is limited to three times the amount payable in case
of loss of goods but not more than € 100,000 per incident. Sections 431 subsection 3
and section 433 HGB remain unaffected.
7.2.1 Furthermore, no claims shall be admissible for damages beyond those set out in
these General Terms and Conditions, of whatever kind, against us, our employees or
agents in performance, which do not arise from intent or willful misconduct or for which
we are not liable on the basis of compelling legal provisions. This shall not apply in the
case of failure to meet obligations fundamental to performance of the contract. In such
cases, claims for damages shall be limited to the foreseeable typical damage incurred.
7.2.2 Our liability is excluded for damage culpably caused by the customer, by instructions
given by the customer or by a defect attached to the load unit or goods. We are also
not liable if the performance of our services is permanently or timely limited impossible
due to cases of “force mayeure”, strike, civil commotion or orders by state authorities.
7.3 The liability for indirect or consequential damages is excluded unless section 425
and 435 HGB respectively Art. 36 CIM apply. This means we are not liable for demurrage,
loss of use of the load unit or of the trailer respectively the collecting truck, or for costs of
alternate transportation, loss of profit, loss of use or protracted use of the goods carried,
from delay in or standstill of production or from loss of reputation or market shares.
7.4 The liability starts on the date of taking over of the load unit for Intermodal Transportation
at the terminal. The liability ceases with collection by the consignee/receiver. We
take over the load unit only. We do not control the contents of the load unit and do not
give a receipt for the contents. Any descriptions or references contained in accompanying
papers or consignment notes which concern the contents of the load unit which we are
not privy to and we do not check are without any factual or legal relevance to us. This
provision applies also if a consignment note containing such descriptions has been
signed by us.
7.5 All claims are excluded unless we have received a detailed written complain letter
within 7 (seven) days after collection of the load unit. The obligation to apply for ascertainment
according to Art. 42 CIM remains unaffected. If in International Intermodal
Transport the CIM stipulates other or shorter terms these terms prevail and are applicable
exclusively.
7.6 The Customer has to provide ECL/us with the opportunity to inspect the damage
within reasonable time. Any infringement of this obligation leads to the factual assumption
that the load unit as well as its contents have been collected from the Terminal in
undamaged condition.
8. Insurance
It is highly recommendable to cover goods in transit insurance for the load unit and the
goods carried. Our obligation to cover insurance is limited to our liability according to the
applicable law and these ECL-ALB-Bahn.
9. Booking
The booking can be done by email or in any other written format and will be considered as
offer for transportation in accordance to the terms and conditions contained herein incl.
the conditions referred to in section 1.3.above.The booking has to be submitted at the
latest 1 working day before the scheduled rail transit to info@baltic-rail-gate.de by using
the “Buchungs- und Versandauftrag”. By our or our agents` booking confirmation the
booking is accepted and confirmed. If the booking is cancelled less than 12 hours before
the scheduled departure of the train a fee in the amount of € 80 is payable and due.
In case of combined shipment via ferry the booking must be made before arrival of the
vessel at Lübeck. Belated bookings can lead to additional or surcharges at the Terminal.
10. Standby–bookings
As stand-by we understand bookings on the waiting list or for short-term vacancies. A
transport order requires our or our agents` written confirmation of a wagon available. We
and our agent may accept bookings for short-term vacancies also less than 24 hours
before scheduled departure.
11. Dangerous Goods
11.1 The application for the transport of dangerous goods has to be made not later than
24 hours before scheduled departure with our agent on form “A”. Dangerous goods units
must be handed over at the Terminal on the day of departure only after the booking had
been accepted by us or our agent. They have to be collected immediately after arrival. The
load units and the goods carried have to be marked with the officially required dangerous
goods signs as well as duly labeled.
11.2 The customer shall comply with the relevant legal requirements governing the
carriage of dangerous goods by rail as well as the requirements of the respective Terminals.
11.3 The customer shall indemnify us within the scope of his/her share in the liability
against any obligation arising towards third parties from the transport movement, safekeeping
or other handling of the goods, or arising from the nature of the goods or the
failure of the customer to comply with his/her duty of care.
11.4 Dangerous goods will not be stored by us. This applies also to laden load units on
the respective Terminal for days following the day of arrival after the notification for the
collection had been given. If the time for collection has been exceeded we are entitled to
store the goods at a third party warehouse or parking lot and to charge the costs incurred
together with a lump-sum amount for general expenses.
12. Load unit
The weight for the load unit must not exceed 37 t.The customer guarantees the suitability
for the movement by crane as well as the general acceptance of the load unit for Intermodal
Transportation. In case the load unit is not suitable for a movement by crane or the
permission for Intermodal Transportation cannot be proved the customer has to indemnify
us – even without being at fault – for all damages or claims by third parties in every
respect.
The cargo within the load unit must be secured according to the requirements and demands
of Intermodal Transport.
13. Jurisdiction
Sole place of jurisdiction for any disputes arising from the contract relationship is Lübeck,
unless compulsory applicable legal provisions allow other jurisdictions. In this case
Lübeck is an additional jurisdiction. The Law of Germany applies under exclusion of the
rules of International Private Law and the CISG.