TRANSPORT CONDITIONS

TRANSPORT TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF JH FERRY GMBH (limited liability company)

1. A) Arrangements in the area of ferry-, tunnel- and bridge passages as well as the ‘piggyback transport’ of trucks and trailers by rail (=RoLa)
2. General details

1.1

These business conditions apply to all of our current and upcoming business relations with our principals. These conditions also apply to all upcoming businesses with a principal, a contractor, a legal person of federal law or public-law special assets, even if the application has not been pointed out explicitly one more time.

1.2

We will be responsible exclusively for the arrangements of ferry-, tunnel- and bridge passages as well as an agent for train connections for the accompanied combined commercial freight traffic by rail. In addition, we arrange customs services and the associated digital administration for the respective customs processes as well as permits for heavy transports by road .

1.3

We will not provide any services, beyond the brokering of the business.

2. Booking and scope of service

2.1

All of our provided offers are not binding. This does not apply, if otherwise another different agreement has been made in text form.

2.2

We always will operate on behalf of and by making out invoices for our principals and we commit ourselves for conducting the arrangement with the due diligence of a prudent businessman and we will choose the persons carefully, who we need for the fulfillment of our obligation.

2.3

The general terms and transport conditions, named in each case as (transport) service providers, apply exclusively for the conducting as well as the payment of our arranged performances. In case of the booking of a passage, the valid conditions of the shipping company or the tunnel- and bridge operator apply within the booking period. For a booking within the framework of “RoLa”, the conditions of the railway company apply.

2.4

We are under no obligation for giving a guarantee, securities, or making any payments concerning third parties for our principals. If we provide such special benefits in individual cases, therefore, our principal will have to pay for the refund of any expenses (e.g. interest rates) as well as paying an appropriate remuneration.

3. Obligations for the principal

3.1

As a booking agent, we will usually be charged with the costs of the booked carriage / passage by the (transport) service provider.

To this extent, we are obliged and have the right concerning our principals, for taking the debt collection of the transport costs for the (transport) service provider and to state this in our own name for taking legal actions and / or asserting out-of-court claims.

The arising possible expenses as fees, taxes and duties, consular costs and certification costs, costs of preparing bank guarantees as well as insurance premiums within the framework of the execution of the order, are not included within the freight price and therefore have to be paid separately.

3.2

The principal entity alone has got the obligation for the proper and the punctual provision, securing and declaration of the freight as well as for the compliance of the respective valid regulations/conditions of the (transport) service provider.

In case of infringements against the above-mentioned topic, the principal is already obliged for keeping us free from damage claims by (transport) service providers or any other third parties.

3.3

The principal is obliged for presenting us punctually all of the required documents for the booking. As far as a booking enquiry or a booking order refers to goods – which even makes a slight special treatment necessary within the frame of the whole transportation execution – are subject to a permit requirement or a reporting obligation (especially dangerous goods, live animals, special size, special weight) – the principal is obliged to present this as early as possible and as quickly as possible to us.

For any delays or any other damages, which can occur for us due to not presenting the documents or for delayed presenting of the documents, the principal entity alone is responsible for this and will keep us free from any resulting claims by (transport) service providers or any other third parties.

4. Changing bookings

4.1

We can change bookings according to the respective conditions of the different (transport) service providers. Depending on the point in time of the rebooking and depending on the (transport) service provider, rebooking fees may occur, which have to be borne by the principal. The details are governed in this respect by the applicable conditions of the (transport) service provider.

4.2

Irrespective of section 4.1, we will charge an appropriate processing fee in the event of a rebooking.

4.3

We would like to point out that price changes may result for the principal due to rebooking.

4.4

A right of withdrawal according to point “C) 6” of these conditions is not affected by this.

5. Cancellations

5.1

The principal can cancel his booking before the start of the journey. Depending on the point in time of cancellation and depending on the (transport) service provider, cancellation fees may apply, which have to be paid by the principal. The details in this respect are governed by the applicable conditions of the (transport) service provider. We would like to point out that the question of reimbursement of the transport charge is governed exclusively by the applicable conditions of the (transport) service provider.

5.2

Irrespective of clause 5.1 above, we will charge a reasonable processing fee in the event of cancellation.

5.3

A right of withdrawal according to point “C) 6” of these conditions is not affected by this.

1. B) Arrangement of ferry passages for persons
2. General information

On request, the JH Ferry GmbH also arranges passenger transport services for ferry trips. We do not provide any transport services ourselves, but broker between our principal and the respective ferry operator as (transport) service provider. The corresponding contract is therefore concluded upon successful brokerage between customer and (transport) service provider. The following conditions of this section therefore apply exclusively to our brokerage activities and have no influence on the conditions under which the transport service as such is provided. Reference is made in this respect to the general terms and conditions of the service providers.

2. Scope of services

2.1

The principal can bindingly instruct us to arrange the transport service and/or any other service related to the performance of this service. With such a booking order, the principal instructs us to send him offers from individual (transport) service providers for the requested transport service and/or any other service related to the performance of this service for a limited period of time in accordance with his request. The principal then gives us a binding indication as to which services are to be booked by us on his behalf with the ferry operator.

2.2

As a booking agent, we are usually charged by the (transport) service provider with the costs of the booked transport/passage. In this respect we are obliged to collect the transport price for the (transport) service provider from our principals and are entitled to assert this in our own name in court and/or out of court. Any expenses incurred in the performance of the contract, such as fees, taxes and duties, consular and certification costs, bank guarantee costs and insurance premiums, are not included in the transport charge and must therefore be paid separately.

2.3

The required transport tickets will be sent to the principal by us at his request, usually by post. We accept no liability for the loss of tickets or travel documents by post.

2.4

Our contractual obligation is limited to the mere brokering of offered transport services. The performance of the booked ferry transport, along with any other services connected with the transport, is not part of our contractual obligations.

3. Change of bookings

3.1

We can change bookings according to the respective conditions of the (transport) service provider. Depending on the time of the rebooking and depending on the (transport) service provider, rebooking fees may be incurred, which must be borne by the principal. The details in this respect are governed by the applicable conditions of the (transport) service provider.

3.2

Irrespective of section 3.1, we will charge an appropriate processing fee in the event of a rebooking.

3.3

We would like to point out that rebooking may result in price changes for the principal.

3.4

A right of withdrawal according to point “C) 6” of these conditions is not affected by this.

4. Cancellations

4.1

The principal can cancel his booking before the start of the journey. Depending on the time of cancellation and depending on the (transport) service provider, cancellation fees may be incurred, which must be borne by the principal. The details in this respect are governed by the applicable conditions of the (transport) service provider. We would like to point out that the question of reimbursement of the transport fee is exclusively governed by the applicable conditions of the (transport) service provider.

4.2

Irrespective of section 4.1, we will charge a reasonable processing fee in the event of cancellation.

4.3

A right of withdrawal according to point “C) 6” of these conditions is not affected by this.

1. C) Generally applicable rules
2. Liability

1.1

We rely on the information we receive from the ferry company for the details of the transport services. We have no way of verifying the accuracy of this information and therefore make no warranties or representations as to the accuracy, completeness and/or currency of this information.

1.2

We shall be liable without limitation in accordance with the statutory provisions for damages arising from injury to life, body and health resulting from a negligent or intentional breach of our brokerage obligations as well as for damages resulting from intentional or grossly negligent breaches of the brokerage agreement and fraudulent intent.

1.3

We are also liable for damages caused by simple negligence, insofar as this negligence concerns the violation of essential agency contract obligations or a cardinal obligation. However, liability is only given if the damages are typically connected with the contract and are foreseeable.

1.4

Any further liability is excluded regardless of the legal nature of the asserted claim; this applies in particular to claims in tort or claims for compensation for futile expenditure instead of performance.

1.5

Insofar as the liability of the JH Ferry GmbH is limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.

1.6

Insofar as we have not assumed a corresponding contractual obligation through express agreement with our principal, we are not liable for the conclusion of contracts with the service providers to be brokered corresponding to the booking request expressed by the principal.

1.7

Without any clearly-stated agreement or assurance in this regard, we as agents are not liable for defects in the provision of the services and personal injury or property damage incurred by our principals in connection with the mediated services.

2. Set-off by the principal

A set-off by the principal is only possible with undisputed or legally binding counterclaims.

3. Limitation period

The claims of the principal due to violation of the brokerage contract become statute-barred after one year, beginning with the end of the year in which the claim arose and the principal became aware of the circumstances justifying the claim or should have become aware of them without gross negligence, unless we are liable according to the legal regulations for damages to life, body and health and/or for damages based on intentional or grossly negligent violation of the contract or fraudulent intent by us, our legal representatives or our vicarious agents.

4. Passport, visa and health requirements

The principal is responsible for the compliance with all legal regulations necessary for the transport. This includes all passport and visa requirements, necessary vaccination and health certificates, customs and entry requirements and sanitary regulations for the travelling person and animals, luggage and vehicles. If regulations are not followed by the principal or the traveller himself, all disadvantages arising from this are at his expense.

5. Data protection

In order to arrange the desired transport service, we collect, store and process personal data of the principal/traveller, such as his name, address, e-mail address and pass this data on to the (transport) service provider, insofar as this is legally permissible and necessary to fulfil the contractual obligation towards our principal.

6. Right of cancellation

6.1 Right of cancellation

As a consumer you have the following right of cancellation. A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity.

6.2 Cancellation policy

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation, you must inform us (JH Ferry GmbH, Brauenkamper Straße 97, 27753 Delmenhorst, tel.: +49(4221) 98 345-111, fax: +49(4221) 98 345-22, booking@jh-ferry.de) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the sample revocation form available here and printed below under 6.3, but this is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you withdraw from this agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

– End of the cancellation policy –

6.3 Sample revocation form

(If you want to revoke the contract, please fill in this form and send it back.)

To

JH Ferry GmbH

Willy-Brandt-Allee 1

27753 Delmenhorst

fax: +49(4221) 98 345-22

booking@jh-ferry.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

____________________________________________________________________________

Ordered on (*)/ received on (*)

___________________________________/________________________________________

(Name and address of the consumer(s))

________________________________

________________________________

________________________________

________________________________

(date)

___________________________________________

Signature of the consumer

(only for communication on paper)

_____________

(*) Delete as appropriate.

6.4 Expiry of the right of withdrawal

If you have requested that the service should start during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.

7. Final clauses

7.1

The law of the Federal Republic of Germany shall be deemed agreed.

The place of performance for all mutual rights and obligations and the exclusive place of jurisdiction is Bremen, if the customer is a merchant, a legal entity under public or private law or a person who has his residence or usual place of abode abroad or whose residence or usual place of abode is unknown at the time of filing the action. However, we are also entitled to sue the customer at his general place of jurisdiction.

Should provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.