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General Terms and Conditions:
- TRANSCAMION is exclusively acting as agent for ferry passages in the field of carriage of goods by road for hire or reward and as agent for tunnel and bridge passages in this commercial sector. All its activities shall be exclusively performed in accordance with the following General Terms and Conditions.
- Apart from its activities as agent, TRANSCAMION shall not provide any other services – not even on a case-by-case basis.
2. General contractual obligations
- TRANSCAMION shall always act by order and for the account of its Client and agrees to execute its activities with the care of a prudent businessman as well as to carefully select the persons that the company engages for the execution of its obligations.
- TRANSCAMION shall be authorised and entitled to take all the measures that the company considers necessary to be taken with respect to the execution of the Client’s order, in particular to enter into contracts with third parties under usual terms and conditions. TRANSCAMION shall be exempted from the restrictive provisions of Section 181 of the German Civil Code (BGB).
- TRANSCAMION shall treat information and data provided by the Client as confidential only if these information and data have been expressly identified as such.
- TRANSCAMION offers, including any tariff and timetable information, shall always be subject to confirmation, unless otherwise agreed in writing. As regards the booking of a passage, the shipping company’s and/or the tunnel and bridge operator’s terms and conditions applicable at that point in time shall apply.
- The responsibility for the orderly and timely provision, safeguarding and declaration of the freight as well as compliance with the respectively applicable terms and provisions of the respective shipping company and/or tunnel and bridge operator shall be solely borne by the Client. In the case of incorrect declarations and/or other infringements, the Client shall keep indemnified TRANSCAMION against any claims on the part of third parties.
- The Client agrees to submit all the required documents to TRANSCAMION in due time, to the extent that booking enquiries or booking orders are related to goods that are subject to special treatment, authorisation and/or notification requirements (particularly hazardous goods in accordance with the IMDG Code or a national hazardous goods ordinance, live animals, special size, special weight, etc.) during loading, storage, receipt, delivery and/or transportation, the Client shall notify TRANSCAMION thereof the very first time he/she presents his/her enquiry or submits his/her order. The Client shall bear sole responsibility in the event of delays and damages caused due to non-executed or delayed notifications or as a consequence of the omitted or delayed submission of documents, and shall keep TRANSCAMION indemnified against any and all claims from third parties.
- The Client shall bear the responsibility as regards the risk related to any incomplete, incorrect and/or delayed transmission of information between the Client and TRANSCAMION, particularly when using postal and/or electronic communication means, unless the Client is able to prove that the responsibility for such incomplete, incorrect and/or delayed transmission lies solely with TRANSCAMION.
- TRANSCAMION shall not be obliged to grant any guarantees, to furnish securities and/or to provide any type of payments to third parties on behalf of the Client for which TRANSCAMION has received no coverage and/or other securities that the company considers sufficient. To the extent that TRANSCAMION provides such guarantees, sureties, or any other kind of securities or payments on a case-by-case basis all the same, a commission in the amount of 2.5 % shall be payable in addition to the reimbursement of all expenses, such as interest, bank charges, etc.
- TRANSCAMION shall be liable towards its Client in relation to damages and losses only if such damages and losses are the result of gross negligence or intent. The same shall apply to all vicarious agents of TRANSCAMION. There shall be no liability for loss of profit and/or any other kind of subsequent or immaterial damages.
- TRANSCAMION shall not be liable for the timely and orderly execution of the transport. The companies, persons or authorities engaged in the loading and storage process or during receipt and/or transport, in particular the shipping companies, are not TRANSCAMION’s vicarious agents. At the Client’s request, TRANSCAMION agrees to cede its own claims against the relevant shipping company to the Client.
- In the event of a case of liability, TRANSCAMION’s liability shall be limited to an amount of € 12 000 per liability case. This shall not apply if the damage results in an injury to life, body and health or if the damage was intentionally caused by TRANSCAMION.
- Any liability claim against TRANSCAMION shall be excluded if it is not filed and pending before a court within a period of six months following the occurrence of the damage.
- Offsetting of any claims for indemnification against TRANSCAMION’s claims shall only be permitted if the Client’s claims are undisputed and determined without further legal recourse.
- TRANSCAMION shall not assume any liability for a correct collection of cash-on-delivery payments.
- TRANSCAMION shall not assume any liability for any exchange losses that may arise.
- With regards to its activities, TRANSCAMION shall receive a remuneration which is subject to a freely negotiated agreement to the extent that no tariff regulations exist. Third party fees, expenses, taxes, charges and/or other costs incurred by TRANSCAMION in connection with its agency activities shall be reimbursed in full by the Client. This shall also apply to all costs arising in connection with or as a result of cash transfers from, to or on behalf of the Client.
- TRANSCAMION shall be entitled to request appropriate advance payments.
- All outstanding payment claims by TRANSCAMION shall be due upon issuing of the invoice and payable by the Client according to the agreed term of payment as of the date of invoice. With regards to the timeliness of such payment, TRANSCAMION’s receipt of the payment shall be decisive. In the event of a delay, TRANSCAMION shall be entitled to default charges in the amount of 1 % per month.
- With regards to any claims TRANSCAMION may have in a foreign currency and/or invoices issued by TRANSCAMION in a foreign currency, TRANSCAMION shall be entitled, at its own choice, to request payment in the corresponding legal foreign currency and/or at the current euro rate – yet again, at its own choice – applicable either on the day on which the invoice was issued or on the day of payment.
- TRANSCAMION shall be entitled to satisfy claims at any time by offsetting claims as of the date when such payment becomes due.
- TRANSCAMION shall have a lien as well as the right of retention on all goods, documents and moneys with respect to any claims TRANSCAMION may have against the Client, no matter the reason and the point in time on which such claims were originated.
5. Applicable law/place of jurisdiction
- TRANSCAMION’s activities – irrespective of whether they are provided in whole or in part in a foreign country – shall be exclusively subject to the laws of the Federal Republic of Germany.
- Exclusive place of jurisdiction for any disputes between TRANSCAMION and the Client shall be Munich, Germany.
6. Final provisions
- Amendments and additions to these Terms and Conditions and/or to the contract to which these Terms and Conditions are an essential part of shall require the written form for their effectiveness. The same applies to the revocation and/or amendment of this requirement of the written form.
- Should any provision of these General Terms and conditions and/or corresponding contract to which these Terms and Conditions are an essential part of be or become ineffective, this ineffective provision shall be replaced by a provision which represents the economic intention of the parties in full or comes as close as possible to it in a legal manner.