GENERAL TERMS AND CONDITIONS OF DANSER GROUP:

DANSER GROUP B.V. (KVK NR 50194283)
Industrieweg 13
3361 HJ SLIEDRECHT
NETHERLANDS
DANSER CONTAINERLINE B.V. (KVK NR 23052641) Industrieweg 13
3361 HJ SLIEDRECHT
NETHERLANDS
DANSER BENELUX B.V. (KVK NR 24140845)
Industrieweg 13
3361 HJ SLIEDRECHT
NETHERLANDS
DANSER FRANCE B.V. (KVK NR 24383234)
Industrieweg 13
3361 HJ SLIEDRECHT
NETHERLANDS
DANSER SWITZERLAND A.G.
SÜDQUAISTRASSE 14
CH-4019 BASEL
SWITZERLAND

CHAPTER A:

Orders accepted by Danser Group B.V. or Danser France B.V. or Danser Containerline B.V. or Danser Benelux B.V. or Danser Switzerland AG

These general terms and conditions apply to all orders accepted by Danser Group B.V., Danser France B.V., Danser Containerline B.V., Danser Benelux B.V. or Danser Switserland A.G., hereinafter to be referred to jointly as Danser Group, as well as to all services to be rendered by the aforementioned.

I. Transport over inland waterways / force majeure

Unless expressly agreed otherwise, the transport obligation only relates to transport over inland waterways. If sailing is prevented or impeded, whatever the underlying circumstance, this is attributed to force majeure and Danser Group is not obliged to provide transport.

If sailing is prevented or impeded, Danser Group is entitled to levy a freight surcharge for the extra time required for transport due to the prevention and/or impediment pro rata to the freightage for transport of normal duration.

Danser Group has the right but not the obligation to – partly – use another transport modality for the transport. The hereunder mentioned general conditions concerning that transport modality are applicable on that transport with that transport modality.

II. Transport conditions

Orders accepted by Danser Group for the provision of transport are subject to the following transport conditions:

a. for transport over inland waterways between the Netherlands and Belgium, for transport over inland waterways within the Netherlands, and for transport over inland waterways within Belgium: the CBRB conditions of carriage, filed at the Office of the Court in Rotterdam on 16 May 2002, which can be consulted on the website www.cbrb.nl;
b. for transport over inland waterways from and to Germany, France and Switzerland, for transport between Germany, France or Switzerland, and for transport within Germany, France and Switzerland: the latest version of the 2002 Swiss Conditions for the Carriage of Goods on the Rhine (SRTB). These can be consulted on the site www.svs-online.ch;
c. for transport by road within one country, the latest version of the Dutch General Transport Conditions (AVC) applies, as does Dutch law. For transport by road within one country, the latest version of the Dutch General Transport Conditions (AVC) applies, as does Dutch law, however, for transport only within France only the France law is applicable.
d. for transport by road between two countries, the Convention on the Contract for the International Carriage of Goods by Road (CMR) and complementary Dutch law applies exclusively to the actual road transport even if the transport is partly over inland waterways and partly by road. The Court in Rotterdam has exclusive jurisdiction.
e. on international railway transport are applicable the COTIF (Convention Relative aux Transport International Ferroviaires) and the CIM (Contrat de transport Internationale ferroviaire des Marchandises).
For railway transport within the Netherlands is applicable Book 8 Title 18 DCC. Any eventual liability of Danser Group is limited to the liability of the contracting partner of Danser Group in relation to the railway transport. In respect to orders concerning railway transport Danser Group is acting as forwarding agent only. For railway transport within Germany, the Allgemeine Deutsche Spediteurbedingungen (ADSp – http://transportrecht.org/wp-content/uploads/ADSp_2003.pdf) are applicable, except the forum selection, which is replaced by exclusive jurisdiction of the Court in Rotterdam. In respect of railway transport within the Netherlands where Danser Group is acting as forwarding agent, the Dutch Forwarding Conditions (Nederlandse Expeditievoorwaarden) are applicable except the arbitration clause, which is replaced by jurisdiction of the Court in Rotterdam. Both the Dutch Forwarding Conditions (Nederlandse Expeditievoorwaarden) and the Allgemeine Deutsche Spediteurbedingungen (ADSp) contain exemptions and restrictions of liability.

III. CMNI Convention (Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway)

In respect of transport covered by the CMNI Convention, Danser Group as the carrier is not liable for damage or losses arising from:
a. an act or omission by the master of the vessel, the pilot or any other person in the service of the vessel, pusher or tower during navigation or in the formation or dissolution of a pushed or towed convoy, provided that the carrier complied with the obligations set out for the crew in article 3, paragraph 3, unless the act or omission results from an intention to cause the damage or from reckless conduct with the knowledge that such damage would probably result;
b. fire or an explosion on board the vessel, where it is not possible to prove that the fire or explosion resulted from a fault of the carrier or the actual carrier of their servants or agents or a defect of the vessel.
c. the defects existing prior to the voyage of his vessel or of a rented or chartered vessel if he can prove that such defects could not have been detected prior to the start of the voyage despite due diligence.

IV. Low-water surcharge

If no other low-water surcharge has been agreed, a standard low-water surcharge in the market for the transport concerned will be added to the freightage/transport price.

V. Bunker surcharge (BAF)

If no other bunker surcharge has been agreed, a standard bunker surcharge in the market for the transport concerned at the time the transport is arranged will be added to the freightage/transport price.

The basis for calculating the bunker surcharge is the average gas oil price per 100 litres as announced by the Central Office for Rhine and Inland Navigation (Centraal Bureau voor de Rijn en Binnenvaart).

VI. Congestion surcharge

A congestion surcharge due to delay at the loading/unloading terminal(s) applies to all transport; this surcharge will be calculated pro rata to the freightage for transport/loading/unloading of normal duration.

VII. Documents

The client is obliged to supply Danser Group with all transport documents and any customs documents before loading.

If applicable, “Dangerous Goods Declarations” (DGDs) must be handed to Danser Group by 3 p.m. on the working day prior to the date of loading (of the ship); these must be legible, correct and complete.

If correct and complete details for dangerous goods containers, as required for the transport of such containers according to statutory regulations, including paragraph 5.4.1.1.1 of the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) (among others:
a. the UN numbers,
b. the official name of the substance for shipping (shipping name, supplemented with the technical
designation if applicable),
c. the classification code and the numbers of the danger labels,
d. the packing group,
e. the quantity and description of the packages,
f. the total quantity of each dangerous substance,
g. the name and address of the consignor,
h. the name and address of the consignee(s),
i. the IMO class,
j. the ADN code,
k. the loading and unloading terminals,
l. the name of the sea-going vessel),
are not present at the relevant Danser Group office by 3 p.m. on the working day prior to date of loading, Danser Group will be entitled to delete the container from the cargo list and to charge the client for any (extra) costs.

The client will indemnify Danser Group against any consequences associated with the absence on board of correct and complete transport and customs documents, whatever the reason.

Any liability on the part of Danser Group in relation to transport documents and/or customs documents, including liability for the preparation or otherwise of such documents, the content thereof and the presence or absence of the documents, is expressly excluded.

VIII. Portbase; APCS

Inter alia in the port of Rotterdam and Amsterdam “Portbase” is used; in the ports of Antwerp and Zeebrugge the “Antwerp Port Community System” (APCS is used).
Every liability for damage in respect of or related to the use of Portbase and/or APCS is excluded, except for losses that are recovered from Portbase B.V. c.q. the Havenbedrijf Antwerpen N.V.
IX. Reefer containers

Danser Group is not liable for damage or loss as a result of poor connection and/or poor performance of reefer containers and/or breakdown of the refrigeration system, whatever the cause.

X. Services other than transport

Unless expressly agreed in writing, Danser Group is not obliged to inform/provide any duty other than the provision of transport.

In respect of any work and/or assignments other than transport, such as storage and/or transhipment, any liability on the part of Danser Group is expressly excluded. Should Danser Group nevertheless be held liable, such liability will be limited to the sum of the payment to be received by Danser Group for the work in question.

The activities performed by Danser Switzerland AG as referred to in article 2 of the General Conditions of Spedlogswiss are subject to the General Conditions of Spedlogswiss; if Danser Switzerland AG acts as carrier over inland waterways as stated above in II b., then the latest version of the 2002 Swiss Conditions for the Carriage of Goods on the Rhine (SRTB) applies.

The activities performed by Danser Switzerland AG as referred to in article 2 of the General Conditions of Spedlogswiss for Warehousing are subject to the General Conditions of Spedlogswiss for Warehousing.

The General Conditions of Spedlogswiss and General Conditions of Spedlogswiss Warehousing can be consulted on the site www.spedlogswiss.com.

The activities performed by Danser France B.V. as a freight forwarding agent (“commissionair de transport”) as referred to in Articles L132-1 et seq. of the French “Code de commerce” and 1st article of the “General contract of freight forwarding” provided for in Article D. 1432-3 of the French Transport Code are subject to these provisions.

The French “General contract of freight forwarding” is freely available on the website www.legifrans.gouv.fr.

SECTION B:

Orders issued by Danser Group B.V. or Danser France B.V. or Danser Containerline B.V. or Danser Benelux B.V. or Danser Switzerland AG

The following general terms and conditions apply to all orders issued by Danser Containerline B.V., Danser Benelux B.V., Danser Switzerland A.G., Danser Belgium or Danser France, hereinafter to be referred to jointly as Danser Group, as well as to all services to be rendered to the aforementioned:

XI. Transport conditions

Orders issued by Danser Group for the provision of transport are subject to the following transport conditions:

a. for transport over inland waterways between the Netherlands and Belgium, for transport over inland waterways within the Netherlands, and for transport over inland waterways within Belgium: the CBRB conditions of carriage, filed at the Office of the Court in Rotterdam on 16 May 2002, which can be consulted on the website www.cbrb.nl;
b. for transport over inland waterways from and to Germany, France and Switzerland, for transport between Germany, France or Switzerland, and for transport within Germany, France and Switzerland: the latest version of the 2002 Swiss Conditions for the Carriage of Goods on the Rhine (SRTB). These can be consulted on the site www.svs-online.ch;
c. for transport by road within one country, the latest version of the Dutch General Transport Conditions (AVC) applies, as well as Dutch law.
d. for transport by road between two countries, the Convention on the Contract for the International Carriage of Goods by Road (CMR) and complementary the Dutch General Transport Conditions (AVC) applies exclusively to the actual road transport even if the transport is partly over inland waterways and partly by road. The Court in Rotterdam has exclusive jurisdiction.
e. on international transport the COTIF and the CIM are applicable. On railway transport within the Netherlands Book 8 Title 18 DCC is applicable.

SECTION C:

XII. Bareboat charters of push barges – transportation of push barges

a. Bareboat charters are concluded on the conditions of the Pushbargebareboatcontract (Duwbakkenverhuurcontract) filed at the Office of the Court of Rotterdam on 3 January 2012, no. 1/2012.
b. For transportation (pushing) of push barges are applicable:
for transportation inside the Netherlands and for transportation in the North-South traffic the Algemene Duwconditiën 2004 (General Pushing conditions 2004), filed at the Office of the Court of Rotterdam on 11 November 2004, no. 123/04 and on the other routes the Europese Duwcondities 2015 (European push conditions 2015) published on the website of the Internationale Vereniging van het Rijnschepenregister (IVR) (International Association of the Rhine Ships Register).

SECTION D:

XIII. Language/filing

These general conditions are filed in the Dutch, German, English and French language. The Dutch text is decisive.
These general terms and conditions were filed at the Office of the Court in Rotterdam on 31 December 2019 under number 58/2019.