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Lübeck: +49 451 4502 – 0
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AEOF Certificate ISO 9001:2000

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.