General Terms and Conditions of Transport of Sunshine GmbH Reisemobile (the "Client") for when commissioning transport companies
– GTCs for Transport Companies –
(Last updated: 10/2019)
The following conditions form an integral part of the transport order placed with the transport company. Deviating general terms and conditions or other pre-formulated conditions of the transport company will not be recognised under any circumstances, and their applicability is hereby already discounted. The transport order shall also be carried out under the exclusion of conditions of trade associations, in particular, the General German Freight Forwarding Terms and Conditions (ADSp), the Contract Terms for Road Haulage and Logistics Companies (VGBL) and the German Terms of Transport and Storage (DTLB).
§ 1 Vehicle/driver requirements
1. The transport company is obliged to provide a vehicle that meets the requirements of the transport order, that is in a technically perfect condition, and that meets the legal requirements.
2. When carrying out the transport order in question, the transport company may only use qualified drivers who also have the necessary work permits.
3. If the vehicle and/or driver do not meet the above-mentioned requirements, the transport vehicle shall be deemed to have not been supplied.
§ 2 Order processing
1. The transport company is responsible for safe and reliable loading at the loading point as well as for unloading. It must provide means for securing loads (anti-slip mats, tension belts, etc.) in sufficient quantities.
2. If loading or unloading is not carried out by the transport company, it must nevertheless monitor the process and check that the load is properly secured before starting the journey.
3. In any case, transportation may only be commenced if the vehicle is safe to drive and all regulations regarding load securing have been met.
4. When the goods are transferred, the transport company checks the goods for externally visible damage and to see if they are complete and verifies their identity (type and quantity) on the basis of the freight documents handed over to it for the purposes of transport. Any deviations found must be noted in writing (type of deviation, name in block capitals, date, time and signature) on the freight documents by the transport company.
5. Delivery may only take place upon issuance of a receipt by the recipient.
6. The dates specified in the transport order are fixed dates.
7. The loaded vehicle may only be parked in guarded parking spaces. The driver must properly lock the vehicle when leaving it.
8. In the event of an accident, damage of any kind, discrepancies upon transfer of the cargo, obstacles to delivery or delays in transport, the Client must be informed immediately. In the event of an accident, fire or theft, the local police authorities must also be informed immediately.
§ 3 Use of subcontractors
1. The transport company is entitled to have the transport contract carried out by a subcontractor. The transport company is not entitled to pass it on to a freight broker, freight forwarder, sole trader, single-person company, a partnership under civil law ("BGB" partnership) or comparable foreign company. Reloading is also prohibited.
2. Before involving the subcontractor, the transport contractor must ensure that it is reputable and reliable and must place the subcontractor under the same extent of obligations as the transport contractor itself is obliged towards the Client.
3. If a subcontractor is used, the transport company must inform the Client of the name and address of the subcontractor. In the case of CMR transport, the name of the subcontractor must also be entered in columns 16 and 23 of the CMR consignment note.
§ 4 Transport permits/driver attestation
1. The transport company assures the Client that it has the necessary permits for the transport order and that it shall only employ driving personnel who have the necessary qualifications. The use of driving personnel from third countries is only allowed with a valid driver attestation.
2. The transport company must hand over copies of the necessary permits/attestations to the driver it is using and must instruct him to hand them over to the Client or its customers for inspection purposes upon request.
3. If possession of the necessary permits/attestations cannot be proven, the transport vehicle shall be deemed to have not been supplied, and the transport company shall be obliged to compensate the Client for the resulting damage.
4. In the event that the necessary permits/attestations are missing, the transport company must release the Client from all third-party claims that arise as a result of the missing permits/attestations. This includes, in particular, fines imposed on the Client.
§ 5 Driving and rest periods
1. The transport company assures the Client that the transport is carried out in strict compliance with the legal regulations on driving and rest periods in the context of road traffic. At the request of the Client, the transport company must provide suitable evidence that proves compliance with the driving and rest times.
2. If any violations of the statutory regulations on driving and rest times are committed when carrying out the order, the transport company must inform the Client immediately. Furthermore, it is obliged to release the Client from all third-party claims asserted against the Client in connection with the violation. This includes, in particular, fines imposed on the Client.
§ 6 Demurrage
1. Demurrage (§ 412 para.3 of the German Commercial Code (HGB)) shall only be remunerated if the transport company is present at the loading or unloading point in accordance with the contract. If there are delays in loading or unloading, the Client must be informed of this immediately.
2. In addition, downtimes must be documented by the transport company in writing (place, date, time, driver name, driver signature, signature of the responsible loading/unloading point). The above-mentioned written confirmation can be replaced by a printout from the tachograph plus a declaration signed by the driver.
3. Downtimes of up to 3 hours at the loading or unloading point are not subject to any demurrage. Saturdays, Sundays and all public holidays are generally not subject to any demurrage.
§ 7 Agreements regarding the freight
1. The freight shall be paid for within 30 days of receipt of an invoice. The relevant trip number of the Client must be stated on the invoice.
2. The transport company must hand over all freight documents to the Client after delivery. The Client shall have a right of retention until consignment.
3. The Client shall be entitled to set off all claims it has against the transport company.
4. The transport company shall only be entitled to assign the freight claim if the Client has previously agreed to the assignment in writing.
§ 8 Liability
1. In the case of national transportation, the transport company shall be liable for losses and/or damage to goods to the amount of 40 SDR/kg.
2. Liability for cross-border transportation is governed by the regulations of the CMR.
§ 9 Insurance
1. The transport company must take out traffic liability insurance that covers its liability under § 8 as well as the cases under § 435 of the German Civil Code (HGB) and art. 29 CMR.
2. At the request of the Client, the transport company will at any time provide proof that appropriate insurance cover exists and that the due premiums have been paid.
§ 10 Minimum wage
1. The transport operator guarantees that it will pay the drivers it employs the minimum wage prescribed by the legal requirements of the relevant country and that, in each case, it will comply with the applicable documentation requirements.
2. The transport company must inform the Client immediately of any violations in the case of transportation orders issued by the Client. If the transport company violates one of the aforementioned obligations, it must release the Client from all third-party claims asserted against the Client as a result of the violation. In addition to any existing claims of the employees deployed, this includes, in particular, any fines imposed on the Client.
§ 11 Customer protection
1. For the duration of the business relationship during which the transport company carries out orders for the Client, and for a period of 12 months after its termination, the transport company grants the Client customer protection in accordance with the following rules.
2. Transport companies may not initiate, mediate, enter into or execute forwarding, freight or warehouse business, either directly or indirectly, for either customers of the Client, or for recipients or their trading agents (commercial brokers/middlemen) with whom they come into contact during the course of their activities.
3. This prohibition applies in the event that the transport company violates the above prohibition either actively or in the context of advertising, or is asked to act in such a way by a third party.
4. As soon as the transport company becomes aware of a violation of this prohibition, it will inform the Client of this immediately.
5. The transport company shall be obliged to compensate the Client for any culpable violation of this customer protection agreement. The amount of damage is agreed as a flat rate of € 1,000, but at least 5% of the freight for the transport order in question. The parties reserve the right to prove that greater or lesser damage is suffered.
6. In addition, for each customer that the Client loses due to a culpable violation of the customer protection agreement, a flat-rate fee for damages of € 5,150 is to be paid to cover the damage suffered by the Client in having to resume the business relationship with the customer anew. Here, too, the transport company reserves the right to prove that the damage suffered by the Client is less. The Client reserves the right to prove that more serious damage is suffered.
§ 12 Confidentiality
1. The contracting parties are obliged to maintain secrecy with regard to all information regarding the other party that becomes known to them during the execution of the contract, especially in respect of competitors of the parties, unless such information is publicly available or reflects the state of the art at the time of being handed over, or has been previously released for publication by the parties in writing or was already known to the receiving party at the time of being made aware of it. The same applies in the case of legal or official duties to disclose information. If information is passed on to third parties for the purpose of fulfilling the contract, this obligation must be imposed on that third party by the contracting parties. The parties shall not be liable for the behaviour of these third parties insofar as an equivalent duty of confidentiality has been imposed on the third party and the decision to select them was made with due care. The parties will also impose the obligation of complying with this duty of confidentiality upon their personnel and will ensure, to the best of their ability, that their personnel comply with the general rules of data protection.
2. The transport company shall be obliged to compensate the Client for any culpable violation of this confidentiality agreement. The amount of damage is agreed as a flat rate of € 1,000, but at least 5% of the freight for the transport order in question. The parties reserve the right to prove that greater or lesser damage is suffered.
§ 13 Applicable law/place of jurisdiction
1. German law applies to the transport order.
2. The exclusive place of jurisdiction for disputes arising from the transport order or its initiation is Detmold. An additional place of jurisdiction applies within the scope of the CMR.
§ 14 Final provisions
Should individual provisions of this contract be ineffective or not implementable, this shall not affect the effectiveness of the remaining contractual provisions. The same applies in the case where the contracting parties overlook a particular point and thus have not taken it into consideration. In such a case, the contracting parties agree to come to an amicable solution that corresponds to the intended economic purpose of the contract.