RTSB GmbH Rail Transportation Service Broker (RTSB) General Terms and Conditions of Service
As at 01/2021
Scope of Application and Supplementary Conditions
1.1. RTSB performs services subject to the following conditions and the conditions specified under fig. 1.3. – 1.5 below.
1.2. The general terms and conditions for services do not apply to contracts with consumers as defined in Section 13 German Civil Code.
1.3. For cross-border services in the sphere of application of COTIF/ER CIM, the “Uniform Rules concerning the Contract for International Carriage of Goods by Rail” (CIM) and the “General Conditions of Carriage for International Carriage of Goods by Rail” (GTC-CIM) of the International Rail Transport Committee (www.cit-rail.org) apply by way of supplement in the respective applicable version. The general terms and conditions of service also apply for international carriage to the extent to which CIM and GTC-CIM do not contain any regulations.
1.4. RTSB performs carriage, storage and other services usual in connection with carriage on the basis of the newest version of German Freight Forwarders’ Standard Terms and Conditions (ADSp – Allgemeine Deutsche Spediteurbedingungen).
1.5. Divergent or contradictory provisions as well as general terms and conditions of the contract partner of RTSB only apply if RTSB has provided express written consent to this.
Service Contract, Individual Contracts
2.1. The basis for the services to be provided by RTSB is a service contract to be concluded in writing with the contractual partner. The extension and/or alteration of such a contract, or conclusion of a new service contract, must likewise be in written form.
2.2. The service contract contains the main data of the service which is necessary for the conclusion of individual contracts, in particular freight and service provision contracts.
2.3. Individual contracts come into existence on the basis of the RTSB´s written offers.
Transfer Order, Consignment Note
3.1. In case of the use of a consignment note in accordance with Section 408 German Commercial Code (HGB – Handelsgesetzbuch), the consignment note is deemed to be the transport order.
3.2. RTSB’s contractual partner must make the statements necessary pursuant to Section 408 German Commercial Code even without the use of a consignment note. He is also liable for the correctness and completeness of the information he provides pursuant to Section 414 German Commercial Code even if no consignment note is used.
Rail cars and Loading Units provided by RTSB, Loading Terms
4.1. To the extent not agreed otherwise, RTSB provides rail cars and loading units (see s. 13.2.). If the contractual partner provides the rail cars, he must ensure that the rail cars provided by him are appropriate for the transport instructed and are permissible for use in this way.
4.2. RTSB is entitled to adapt the type of rail cars and loading units, in particular the class of rail cars, to the respective circumstances, even if the type of rail car is specified in the transport order, taking into consideration the interests of RTSB’s contractual partner.
4.3. RTSB’s contractual partner must inspect rail cars and loading units for their suitability for the intended purpose of use and for visible defects before loading, and must inform RTSB about any objections without undue delay.
4.4. RTSB’s contractual partner is liable for damage to rail cars and loading units caused by him or persons employed by him for the fulfilment of his duties. The contractual partner is not liable if the damage is attributable to a defect which already existed at the time of transfer of possession. Damage and accidents must be notified to RTSB without undue delay.
4.5. RTSB’s contractual partner is responsible for unloaded rail cars and loading units being returned at the agreed point of handover in proper condition, ready for use, swept clean, completely empty, completely free of loose component parts and in good time.
5.1. A block train is a train which is transported as one consignment in itself on the entire route from one single place of departure and one single consignor to one single point of reception and one single recipient.
5.2. Order details, alterations to the order, transport instructions, regulations on parking, cancellations, etc., will be agreed separately.
Freight cars provided by the Customer
6.1 The contractual partner ensures that the container wagons he provides
6.1.1. are subject to maintenance by an entity certified for this purpose (ECM – entity in charge of maintenance). Otherwise, RTSB is entitled to refuse to accept transfer of possession of the container trucks;
6.1.2. container wagons will only be used if their owners have joined in the General Agreement on the Use of Freight Cars. Otherwise, he will place RTSB in the same position as it would be with such container wagons. This does not apply if it has been agreed that the container wagon transferred will itself be transported as transport goods cargo on its own wheels;
6.1.3. container trucks transferred are safe for operation and suitable for the goods, and are licensed accordingly;
6.1.4. RTSB or the railway traffic enterprise instructed is entitled to transmit to the holder the mandatory data necessary for the further use of the container wagon by the holder.
6.2 The contractual partner warrants that it will only provide RTSB or a subcontractor instructed by it with container wagons which correspond to (a) the requirements applicable from 1 January 2020 onwards for transport in/through Switzerland as set forth in the Federal Act on Noise Reduction of Railways (Bundesgesetz über die Lärmsanierung von Eisenbahnen, BGLE) and (b) the requirements applicable from 13 December 2020 onwards for transport in/through Germany as set forth in the Rail Noise Protection Act (Schienenlärmschutzgesetz, SchlärmschG) and (c) the requirements applicable from the timetable change in 2024 onwards for transport in/through the European Union set forth in Regulation (EU) No. 1304/2014, and to prove compliance with the statutory provisions upon request.
7.1 RTSB is entitled to check rail cars and loading units for operationally safe loading.
7.2 If RTSB’s contract partner breaches its obligation pursuant to s. 6, and there is a significant divergence between the agreed and the actual load, if the permissible total weight is exceeded or transportation is prevented due to the type of goods or the loading, if it’s safe performance is threatened or if there is a breach of statutory provisions, RTSB will require the contract partner to procure relief within a reasonable deadline once the circumstances become apparent. After a fruitless expiry of the time-limit, RTSB is also entitled to assert rights in accordance with Section 415(3) sentence 1 German Commercial Code.
Within the framework of Section 419(3) German Commercial Code, RTSB is entitled to park the loaded transport vehicle. For the duration of parking, RTSB is liable for the care of a prudent businessman.
Presumption of Loss
In order for the presumption of loss pursuant to Section 424(1) German Commercial Code to enter into force, a further standard period of 30 days after the expiry of the delivery date applies to transports in Germany and to cross-border transports.
RTSB’s contractual partner must comply with the relevant legal provisions for the transport of dangerous goods. In addition, RTSB will conclude individual contractual agreements with the contractual partner.
Customs and Other Administrative Provisions
As long as the goods are being transported, the customs and other administrative authority provisions will be fulfilled by RTSB or their authorised representatives. RTSB charges fees for these services and for delays arising for the fulfilment of these services for which RTCB is not responsible, on the basis of individual contractual agreements.
Special Conditions for Intermodal Transport
12.1. Intermodal transport within the meaning of this provision is the transport of loaded or empty loading units which in each case correspond to the respective valid statutory provisions and technical stipulations (e.g. according to DIN, UIC instructions sheets, the valid CSC safety approval plate).
12.2. Loading units in this context are
– Large containers (containers for European mainland transport and containers for overseas transport standardised according to ISO);
– Exchangeable containers (i.e. superstructures which can be exchanged during operation) according to CEN standards;
– Semi-trailers, truck-trailer combinations and articulated vehicles (the last two as a “rolling highway”) according to the Road Traffic Licensing Regulations.
12.3. Exchangeable containers, semi-trailers and articulated vehicles (loaded or empty) will only be accepted for transportation if they are coded.
12.4. The customer is responsible that, in case of loaded loading units, the locking devices are secured by securing devices (e.g. seals).
12.5. The loading units listed on one consignment note form one single consignment.
12.6. Large containers measuring 2,603 mm (8’, 6”) in height can exceed the loading gauge of the railway and, in case of delivery by road, the maximum height of 4 m permitted in accordance with the Road Traffic Licensing Regulations. Special conditions of transportation must be agreed with RTSB for such large containers.
12.7. The NHM-position/-code for loaded loading units depends on the goods loaded; in case of empty loading units, it depends on the NHM-position/-code of the empty loading units.
12.8. Loading units must conform to the respective applicable statutory provisions and technical stipulations (e.g. valid safety approval plate).
12.9. Loading units which the customer provides to RTSB must be safe for operation and suitable for the goods loaded.
13.1. RTSB is liable in accordance with the statutory provisions, unless divergent provisions are agreed below.
13.2. Unless compensation claims arise due to mandatory legal provisions or conduct based on intent or gross negligence, RTSB’s liability is excluded. In case of a breach of cardinal contractual obligations, RTSB is liable in accordance with the statutory provisions, but restricted to typical foreseeable damage.
13.3. The contractual partner must provide RTSB with the opportunity to inspect the damage.
13.4. Within the context of his share of liability, the contractual partner indemnifies RTSB from all obligations which have arisen in relation to third parties during the transport, safekeeping or other handling of the goods and which are attributable to the nature of the goods or the failure to comply with the duties of care incumbent on the contractual partner.
13.5. Timetables and carriage schedules notified to the contractual partner do not constitute agreements for supply deadlines.
Transfer of Rights and Duties
RTSB is entitled to transfer its rights and duties out of contracts to affiliated enterprises without the customer’s consent.
Place of Jurisdiction, Applicable Law
15.1. The place of jurisdiction for all disputes arising out of the contractual relationship is Frankfurt am Main/Germany.
15.2. The law of the Federal Republic of Germany applies.