Legal
Terms and Conditions
This is a translation of the German original. The contractual relationship is governed by German law; in the event of any discrepancy between the language versions, the German version prevails.
§ 1 Scope, contracting parties, legal basis
(1) These Terms and Conditions apply to all contracts of the carrier – Yachttransporte Faltus & Bantje, owner Ulrich Faltus, Alte Meierstraße 8, 28844 Weyhe, Germany (the “carrier”) – for the carriage of goods, in particular yachts and boats as well as special, oversized and heavy transports, including associated additional services (among others crane loading, escort vehicles, permit and transport planning, rig service, winter storage, arrangement of sea transport and insurance).
(2) A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (§ 13 BGB, German Civil Code). An entrepreneur is a person acting in the exercise of their trade, business or profession (§ 14 BGB). Provisions marked “towards entrepreneurs only” do not apply to consumers.
(3) Conflicting or deviating terms of the client do not become part of the contract unless the carrier expressly agrees to their validity in text form.
(4) In addition and with priority, the mandatory statutory provisions apply, in particular §§ 407 et seq. HGB (German Commercial Code, contract of carriage) and, in cross-border road haulage, the CMR. Where the CMR or mandatory HGB provisions conflict with a provision of these Terms, they prevail; the remaining provisions remain effective.
§ 2 Quotation, conclusion of contract, prices
(1) The carrier’s quotations are without engagement unless expressly designated as binding; they are based on the client’s information. The contract is concluded upon the carrier’s order confirmation in text form or upon commencement of performance.
(2) If additional expenses arise after conclusion of the contract due to incorrect or incomplete information provided by the client, official conditions or unforeseeable difficulties, the carrier is entitled to adjust the charge accordingly; the client will be informed without delay.
§ 3 Official permits (oversized and heavy transports)
(1) Contracts whose performance requires a permit or authorisation (in particular §§ 29 (3), 46 StVO in conjunction with §§ 18, 22 StVO and § 70 StVZO – German road traffic regulations) are concluded subject to the condition precedent that the relevant permit is granted in good time.
(2) If the permit is not granted, not granted in time, or granted only subject to conditions that substantially increase the cost of or impede the transport, either party is entitled to withdraw from the affected order. The carrier may invoice the planning, application and route-survey services rendered up to that point on a time-and-material basis.
(3) Fees and costs arising from official conditions, route surveys, traffic-management measures, diversions or police or private escort (BF2/BF3) are borne by the client, unless expressly agreed otherwise.
§ 4 Client’s duties to cooperate and inform
(1) The client provides the goods in a transportable condition and in good time.
(2) No later than upon placing the order, the client shall notify in text form: the exact dimensions (length, beam, height over keel or superstructure), the exact weight, the type of material and any special characteristics (centre of gravity, lifting and crane points, keel shape, sensitive attachments). For damage, delays and official sanctions that are causally based on incorrect or incomplete information, the client is liable in accordance with § 414 HGB; contributory fault of the carrier remains unaffected (§ 254 BGB).
(3) Accessories and additional loads must be secured or removed. Dangerous goods within the meaning of § 410 HGB (among others fuel or gas tanks filled beyond the permissible residual amounts, gas bottles, paints, corrosive substances, loose lithium-ion batteries) must be removed before transport. Customary residual quantities of fuel for manoeuvring the yacht are permitted. The carrier is entitled to remove impermissible items at the client’s expense or to refuse the transport.
(4) Covers, tarpaulins and sprayhoods as well as loose parts or superstructures exposed to wind (antennas, instruments, removable parts) must be removed by the client before transport; masts must, unless separately agreed, be provided laid down and secured. If the client expressly requests transport with the cover or superstructures fitted, the carrier points out the increased risk of damage from airflow. In that case the carrier is not liable for ordinary negligence to the extent that the damage results precisely from the cover or superstructure left on at the client’s request. Liability for intent and gross negligence, for injury to life, body or health, and for breach of essential contractual obligations (cardinal obligations) remains unaffected.
(5) If the goods are not transportable or if the conditions required under paragraphs 2 to 4 are not met on delivery, the carrier may refuse to take them over. Any resulting waiting and empty-run costs are borne by the client insofar as the client is responsible for them.
§ 5 Loading and unloading, access, crane work, demurrage
(1) The client designates the loading and unloading points whose access roads, manoeuvring areas and ground or subsoil load-bearing capacity permit the safe use of heavy-haulage vehicles and, where applicable, mobile cranes. The client is liable for additional expense, special equipment or damage resulting from unsuitable access or insufficient load-bearing capacity, insofar as the client is responsible for it.
(2) For crane work, the client ensures suitable, load-bearing lifting and crane points and their correct specification; paragraph 1 applies accordingly to damage based thereon.
(3) A total of two hours of free loading time is granted for loading and unloading (§ 412 HGB). For each further hour commenced – including waiting times for which the client is responsible, such as a delayed crane appointment at the shipyard – demurrage of EUR 90.00 plus statutory VAT is charged, unless the client is not responsible for the delay. The client is permitted to prove that no damage or expense, or a substantially lower one, was incurred.
§ 6 Liability and insurance
(1) The carrier is liable in accordance with the statutory provisions of the HGB and – in cross-border traffic – the CMR. Liability for loss of or damage to the goods is limited to 8.33 Special Drawing Rights (SDR) per kilogram of the gross weight of the consignment (§ 431 HGB, Art. 23 CMR). Liability for exceeding the delivery period is limited to three times the freight charge (§ 431 (3) HGB).
(2) These limitations of liability do not apply where the damage is due to intent or gross negligence of the carrier or its people, or where the conditions of § 435 HGB or Art. 29 CMR are met; nor in the case of injury to life, body or health.
(3) Important note: Because yachts and special goods regularly have a high value at comparatively low weight, the statutory liability limit typically falls far short of the actual value. The client is strongly advised to take out separate transport or goods insurance. On request, the carrier arranges such insurance or, for a surcharge, agrees a declaration of value (§ 449 (2) HGB, Art. 24 and 26 CMR).
(4) A commitment to specific delivery or performance dates exists only where a fixed date has been expressly agreed as such in text form. The carrier is not liable for delays caused by circumstances which it could not avoid even with the care of a prudent carrier (§ 426 HGB), in particular weather, unforeseeable road closures, force majeure and delays in the granting of official permits; paragraph 2 remains unaffected.
§ 7 Force majeure
Events of force majeure and unforeseeable circumstances beyond the carrier’s control (among others natural events, storm and extreme weather, strikes, official orders, border or route closures, epidemics and pandemics) release the carrier from its obligation to perform for the duration of the event. If the impediment lasts longer than four weeks, either party may withdraw from the affected order; services already rendered are remunerated.
§ 8 Termination by the client, cancellation, rescheduling
(1) If the client terminates the contract of carriage, the carrier is entitled to the rights under § 415 HGB (at its option the agreed freight less saved expenses and other earnings, or one third of the agreed freight, plus any demurrage). Towards entrepreneurs the following also applies: in the event of cancellation or a rescheduling initiated by the client, costs already incurred (permits, escort vehicles, scheduled capacity) must be reimbursed.
(2) Towards consumers, § 415 HGB applies; the consumer remains free to prove lower saved expenses or lower damage.
§ 9 Electronic documentation, handover, notice of damage, instructions
(1) The carrier is entitled to process the contract of carriage and the delivery receipts electronically (e-CMR or digital delivery receipt). The digital signature of the client or consignee on the carrier’s mobile devices is legally binding.
(2) The condition and completeness of the goods are documented on takeover and delivery by photograph or record. The client or consignee cooperates in this. Externally recognisable damage must be reported at the latest on delivery, externally non-recognisable damage within seven days of delivery, in text form (§ 438 HGB); otherwise the statutory presumptions apply.
(3) Instructions deviating from the contract must be addressed exclusively to the carrier’s dispatch office; the driving personnel are not bound by such instructions. §§ 418 and 419 HGB remain unaffected.
§ 10 Payment, default, lien
(1) The agreed charge is due on delivery of the goods and payable without deduction, unless otherwise agreed. The carrier may require advance payment from new clients or where there is an increased risk of default. Towards entrepreneurs: in the event of default in payment, default interest of nine percentage points above the base rate plus a flat fee of EUR 40 (§ 288 (5) BGB) is charged.
(2) Towards consumers, the default interest is five percentage points above the base rate (§ 288 (1) BGB).
(3) Set-off or retention by the client is excluded unless the counterclaim is undisputed or has been finally established by a court, or – in the case of consumers – arises from the same contractual relationship.
(4) The carrier holds the statutory lien on the transported goods for all claims arising from the contract of carriage (§ 441 HGB).
§ 11 Limitation of actions
Claims become time-barred in accordance with § 439 HGB or Art. 32 CMR: as a rule within one year, and within three years in the case of intent or equivalent fault.
§ 12 Choice of law, place of jurisdiction
(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For international transports, the CMR applies with priority. Towards consumers with habitual residence in another EU country, the mandatory protective provisions of their state of residence remain unaffected (Art. 6 Rome I Regulation).
(2) If the client is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract of carriage is the carrier’s registered office (Weyhe). Mandatory places of jurisdiction, in particular under Art. 31 CMR, remain unaffected.
§ 13 Consumer dispute resolution
The carrier is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board (§ 36 VSBG, German Consumer Dispute Resolution Act).
§ 14 Final provisions
Should individual provisions of these Terms be or become ineffective, the effectiveness of the remaining provisions remains unaffected; the statutory provisions take the place of ineffective provisions (§ 306 BGB). Amendments and supplements require text form.
§ 15 Governing language
These Terms and Conditions are a translation of the German original provided for convenience. The contractual relationship is governed by German law; in the event of discrepancies or differences of interpretation between the language versions, the German version prevails.