General Terms and Conditions of Freight Carriage - 26/09/08
Important: Please note that the General Terms and Conditions of Carriage detailed below apply exclusively to transport of goods by vehicle on the routes:
- operated by LD LINES: Dover - Boulogne, Portsmouth - Le Havre, Dover - Dieppe and Le Havre – Rosslare;
- operated by LD TRANSMANCHE FERRIES: Dieppe – Newhaven.
These General Terms and Conditions of Carriage are valid from (date of publication on website) and define the terms of your goods carriage contract by vehicle on board ships and lines operated by LD Lines/ LD Transmanche Ferries. They replace and cancel the previous General Terms and Conditions of Freight Carriage.
You have entered into a contract with:
- LD Lines, a French company registered in the Nanterre Trade and Companies Register under number 449 952 993, whose registered office is located at 28, Quai Gallieni, 92158 SURESNES Cedex, or;
- LD Transmanche Ferries, a French company registered in the Dieppe Trade and Companies Register under number 494 064 355, whose registered office is located at 7, Quai Gaston Lalitte, 76200 DIEPPE.
Please read these General Terms and Conditions of Freight Carriage carefully. They form, together with the Carrier’s General Terms and Conditions of Sale and Passenger Carriage, the terms of the contract you have entered into with the Carrier and set out your rights and obligations concerning the carriage.
The General Terms and Conditions of Passenger Carriage are a specific part of this contract. All persons accompanying goods are bound by their Terms.
The General Terms and Conditions can be consulted on request and online at the following websites:
- General Terms and Conditions of Freight Carriage: www.ldlinesfret.fr;
- General Terms and Conditions of Passenger Carriage: www.ldlines.com.
1. Definitions
1.1 The term “Carrier” means the Owner and/or Charterer of the Ship and/or the Shipowners and/or the Nautical Administrators of the ships, including LD LINES or LD Transmanche Ferries, the Owner and/or Charterers and/or, and third party companies in charge of carriage and their employees, agents, sub-contractors and insurers.
1.2 The term “Shipper” means the road carrier that owns and/or operates the Vehicle, the owner, sender and recipient of the goods transported by the Vehicle, and the transit agent or any other person subrogated to their rights.
1.3 The terms “Loss” and “Damage” include all financial loss and damage, physical loss of goods or any other property or object, and damage suffered by the latter.
1.4 The term “Vehicle” means any rolling stock capable of movement via its own system or an external device (specifically: lorry, tractor, straight truck, trailer etc.) whether or not accompanied by its driver. The “Vehicle” also includes the goods it carries and their packaging (container, pallet etc.) loaded or empty.
2. The contract of carriage
2.1 In booking with the Carrier, the Shipper accepts that its relationship with the latter is governed by these General Terms and Conditions of Freight Carriage.
2.2 The Contract of Carriage is deemed to exist from the moment that the Carrier accepts the booking made by the Shipper.
2.3 The Shipper waives its right to demand that the Carrier issue a bill of lading.
2.4 The Carrier specifically reserves the right to refuse to transport goods or a Vehicle and does not guarantee the use of a particular ship. Accordingly, the Carrier reserves the right to refuse to load a Vehicle when its weight mentioned at booking time is different from the weight at the loading time.
2.5 If circumstances so require or if it deems it necessary, the Carrier may:
- transfer the Vehicle to another ship;
- divert the ship to another port of disembarkation;
- take any necessary steps.
In all these cases, the Carrier shall not be required to inform the Shipper in advance. However, the Carrier undertakes to inform the Shipper as soon as possible.
2.6 In these cases, the Carrier shall use its best endeavours to route the Vehicle to the agreed unloading port. However, any costs incurred will be borne by the Shipper.
3. Freight
3.1 Freight is payable in full upon entering into the Contract of Carriage.
3.2 Freight is not refundable under any circumstances.
3.3 In the event of non-payment of freight and any ancillary charges on their due date, late payment penalties at the rate of three times the value of the legal French interest rate in force on the due date of the invoice per year shall be automatically applied. This rate is increased by 2% per month of delay. As this legal threshold may be subject to change, the Carrier and the Shipper undertake to comply with the new legislative provisions in force on the day of booking.
4. Loading and unloading operations
4.1 General terms
4.1.1 Departure and arrival times are given as a guide only. The Carrier shall not be held responsible for any delay, unless caused by gross negligence on its part.
4.1.2 Any Vehicle carrying hazardous goods must be checked in by its driver at least two (2) hours prior to the planned time of departure.
4.1.3 The Carrier is free to decide where the Vehicle is loaded. In this respect, the Shipper authorises the Carrier to carry the Vehicle onto the deck of the ship without requiring prior notification of on deck loading. Vehicles loaded on deck are transported at the sole risk and peril of the Shipper. As a consequence, it shall bear the cost of all loss and damage suffered by the Vehicle, for whatever reason.
4.1.4 The Shipper shall take all necessary steps to take delivery of the goods as soon as possible after they have been unloaded from the ship. The Carrier is not required to notify the Shipper of the arrival of the ship.
4.1.5 The Carrier may be led to store and/or warehouse goods either together or separately before loading and after unloading in any place or on any premises deemed necessary by the Carrier, at sole risk and cost to the Shipper. The Shipper agrees to compensate the Carrier for all such expenses and, in the event of storage and/or warehousing in any place or premises occupied by the Carrier, to pay the Carrier the resulting costs. In this case, the Carrier shall be recognised under any circumstances as the depositary of the Vehicle.
4.2 For accompanied Vehicles
4.2.1 Any Vehicle accompanied by its driver and containing non-hazardous goods must be checked in by its driver at least one (1) hour prior to the planned time of departure
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4.2.2 Subject to clause 4.2.3 below, the receipt of the Vehicle shall take place when the Vehicle passes through the doors of the ship.
4.2.3 Delivery of the Vehicle shall take place at the latest when the Vehicle passes through the doors of the ship.
4.2.4 The driver of the Vehicle, as an employee of the Shipper, assumes full liability and undertakes to compensate any damage or loss occurring while the Vehicle is in his care.
4.2.5 As a consequence, the Shipper assumes full liability for any losses due to wrong manoeuvres by the driver when driving the Vehicle on board the ship, and any losses occurring once the Vehicle has crossed over the ramp.
4.2.6 When the Vehicle is parked in the parking place indicated by the crew for on-board loading, the driver of the Vehicle must apply the parking brakes on the Vehicle. Any malfunction of these brakes must be notified to the Carrier prior to loading.
4.3 For unaccompanied Vehicles
4.3.1 Any Vehicle not accompanied by a driver and containing non-hazardous goods must be checked in at least two (2) hours prior to the planned time of departure.
4.3.2 Receipt of the Vehicle shall take place at the latest upon commencement of manoeuvres in the open area at the loading port.
4.3.3 Delivery of the Vehicle shall take place at the end of the manoeuvres in the open area at the unloading port.
4.3.4 The Vehicles must be removed within two (2) hours of unloading. Beyond this time, the Shipper shall guarantee the Carrier against all costs of removal, storage of the Vehicle and other expenses until it is fully removed by the Shipper.
5. During the crossing
5.1 During the crossing, drivers and any other persons are formally prohibited from remaining in the Vehicle or accessing the Vehicle after it has been loaded onto the ship.
5.2 The driver or persons accompanying the Vehicle will be invited by the on-board personnel to rejoin their Vehicle at the appropriate time to enable them to carry out all manoeuvres or operations requiring their presence.
6. Connection to an electric supply
6.1 Vehicles equipped with a refrigeration unit not loaded on the deck will not be authorised to run their diesel compressor during transport.
6.2 Provided that the Vehicle is equipped with an appropriate connection device, compatible with the electrical system on board the ship, the Shipper may request the Vehicle to be connected to this system. Information on this matter is available to the Shipper upon request. The Carrier shall do everything possible to connect the Vehicle to this system in accordance with the Shipper’s request. However, the Carrier shall not be held liable under any circumstances if it is not possible to do so, or if there is a breakdown or interruption or inadequate supply, or unsuitable supply, for whatever reason. The connection shall be made with the assistance of the ship’s crew and under the sole control and responsibility of the driver. The driver, as the Shipper’s employee, remains solely responsible for the correct functioning of the installations on its Vehicle, and for setting the devices that control the conditions of carriage for the goods it contains (temperature, atmosphere, ventilation etc.).
6.3 At the end of the connection operations, if successful, a report detailing the conditions of carriage (temperature, atmosphere, ventilation etc.) will be drawn up by the crew member in collaboration with the driver. In the event of loss or damage, the Carrier may only be held liable for malfunctions caused by its own installations.
7. Inspection of the vehicle
7.1 The driver must be available to the Carrier from the time when the Vehicle arrives in the loading area until the end of the unloading operations.
7.2 If the driver is not available when necessary, or if the Vehicle is unaccompanied, no complaint shall be admitted from the Shipper concerning measures taken unilaterally by the ship's crew or the Carrier in relation to the Vehicle.
7.3 The driver undertakes to participate in the Vehicle inspection during loading and unloading operations.
7.4 If the driver is absent during the inspection or if the Vehicle is unaccompanied, the inspection report shall constitute sole proof of the condition of the Vehicle at the time of inspection. This report shall be deemed to be jointly drawn up and shall therefore constitute valid proof which shall be binding on the Shipper.
8. Hazardous and pollutant goods
8.1 The transport of hazardous goods is subject to the prior consent of the Carrier. The Carrier may impose specific booking and carriage conditions on the Shipper, depending on the type, class and UN number of the goods to be carried. The Shipper undertakes to comply with the instructions issued by the Company.
8.2 The Carrier may at any time defer the loading or refuse departure to a Vehicle containing hazardous goods. After 12 hours of waiting in the port area, for whatever reason, and if required by the port authorities, the Vehicle loaded with hazardous substances must leave the area. The Carrier shall not be held liable for the consequences of this requirement.
8.3 At the latest 24 hours before loading, the Shipper must tell the Carrier if the Vehicle is loaded with IMDG hazardous substances and must fax the certificates detailing the class and UN number. If this information is not sent within the specified time, the Carrier reserves the right to refuse to load the Vehicle.
8.4 The Shipper solely guarantees and is liable for the packaging, marking, securing and tying of goods. It must ensure compliance with the legislation in force, in particular the provisions of the IMDG code. It must ensure that the Vehicles visibly display the required notices and must supply the Carrier with the safety data sheets for the goods plus any other necessary documents.
8.5 Any Vehicle transporting hazardous substances, or an empty Vehicle that has not be cleaned, which does not display a valid label in accordance with its load, may be refused loading.
8.6 The carriage of hazardous substances is carried out at the Shipper’s risk and peril. As a consequence, the Carrier shall not be held liable for any delay, damage or loss attributable to the nature of the goods.
8.7 The Shipper undertakes to compensate loss or damage, of any kind, caused by these hazardous substances, both to the Carrier and to third parties.
9. Live animals
9.1 The Shipper shall ensure compliance both at the loading and unloading port with all legislation applicable to the transport of live animals loaded on its Vehicle. Accordingly, the Shipper is solely liable to furnish all the documents and certificates required for the carriage of such cargo.
9.2 The Shipper is solely liable at all times for the live animals in its Vehicle in particular in accordance with the EC Regulation n°1/2005 of 22 December 2004 on protection of animals during transport and related operations in its version in force at time of the carriage.
10. Illegals
10.1 The Shipper guarantees and certifies to the Carrier that its Vehicle does not contain any illegals.
10.2 The Shipper shall be solely liable for loss and damage caused by illegals and/or for any penalties or fines of any kind relating to said illegals.
10.3 Prior to loading, the Carrier reserves the right to carry out controls in order to detect the possible presence of illegals. If these controls are hindered, the Carrier reserves the right to refuse loading.
11. Information provided by the Shipper
The Shipper guarantees the accuracy and precision of all information provided to the Carrier, in particular relating to its Vehicle.
12. Liability
12.1 General terms
12.1.1 The Carrier’s liability for any loss or damage suffered by the Vehicle during carriage shall be determined in accordance with the provisions of the Brussels Convention dated 25 August 1924, as amended by the agreements dated 23 February 1968 and 21 December 1979 (hereafter referred to as the Brussels Convention), which is an integral part of this Contract and is available upon request by the Shipper.
12.1.2 The liability of the Carrier for death and/or injury and/or loss or damage suffered to the luggage of the Vehicle's driver is governed by the Carrier’s General Terms and Conditions of Passenger Carriage, but shall not exceed, in all cases, the Carrier’s liability as stipulated in the Athens Convention of 13 December 1974 concerning the maritime carriage of passengers and their luggage.
12.1.3 The Carrier shall only be liable from the time the Vehicle passes through the ship's doors upon loading until the time it passes back through the ship's doors upon unloading.
12.2 Limitations
12.2.1 In accordance with the limitations stipulated in Article 4.5 of the Brussels Convention, the Carrier's liability for damage to the Vehicle shall not under any circumstances be higher than the equivalent of 666.67 special drawing rights (SDR) per package or 2 SDR per kilo lost or damaged.
12.2.2 The Vehicle and the goods it carries are deemed to be a single, indivisible load.
12.3 Exemptions
12.3.1 The Carrier shall have the right to benefit from any exemption of liability provided for in the Brussels Convention.
12.3.2 The Carrier is only liable for loss or damage suffered by the Vehicle itself and shall not be held liable for any other direct or indirect loss or damage (loss of revenue, lateness penalties etc.).
12.3.3 The Carrier may at any time refuse or defer the transport and/or transfer of Vehicles containing the live animals. In accordance with article 30 of the French law of 18 June 1966, the Carrier shall not be held liable for loss or damage to any live animal. It is authorised to unload in any place, at risk and cost to the Shipper, any live animal where unloading is refused by the authorities in the port of destination. It is also authorised, at risk and cost to the Shipper, to kill and destroy any live animal constituting a danger to the health and safety of the shipment or the persons on board.
12.3.4 The Carrier may at any time refuse or defer the transport and/or transfer of Vehicles and/or hazardous and/or polluting goods. If circumstances so require, Vehicles and/or hazardous and/or polluting goods may also and at any time be unloaded, destroyed or made harmless by the Carrier at cost to the Shipper and without creating any right to compensation or reimbursement of freight charges.
12.3.5 The Carrier shall not be held liable for loss or damage to Vehicles caused by the Vehicle itself, by another Vehicle or by a passenger or the driver of another Vehicle.
12.3.6 Any act or omission by the Shipper shall render the latter liable for loss and damage suffered by passengers, the Carrier, any Vehicle or the driver of any Vehicle. In particular, the Shipper undertakes to compensate the Carrier for any loss caused to the latter, its ship, crew, passengers or to any other third party caused by its goods, Vehicles, drivers or accompanying persons.
12.3.7 The Shipper is liable for all penalties, taxes or fines of whatever kind that may be imposed on the Carrier in the event of non-compliance with any regulation applicable to the Vehicle or to the imported/exported goods it contains. All expenses of whatever kind, borne by the Carrier as a result shall be fully reimbursed by the Shipper.
13. Right of retention and lien
13.1 The Carrier holds a pledge right and a detention lien over the Vehicle for the payment of freight, costs, penalties, taxes and fines of whatever kind, owed by the Shipper concerning the carriage and/or all other sums due, in particular those relating to a previous journey.
13.2 The Carrier may keep the Vehicle provided it does not proceed with its sale, at cost to the Shipper, in accordance with the applicable legislation.
14. General average
In the event of general average, payment must be made in accordance with York and Antwerp Regulations in their amended version in force on the day of booking.
15. Applicable Law and Competent Jurisdiction
15.1 These General Terms and Conditions of Freight Carriage are governed by the provisions of the Brussels Convention dated 25 August 1924 as amended by the agreements dated 23 February 1968 and 21 December 1979 (“the Brussels Convention”).
However, French law and these terms and conditions are applicable to matters not covered by the Brussels Convention both where they are an addition to and derogate from the Brussels Convention.
15.2 Carriage of the Vehicle's driver and any other person accompanying the goods is governed by the General Terms and Conditions of Passenger Carriage for LD Lines or LD Transmanche Ferries: www.ldlines.com.
15.3 Any dispute relating to the carriage concerning the validity, interpretation and/or execution of these General Terms and Conditions of Freight Carriage, which could not be settled amicably, shall be referred to the sole jurisdiction of the PARIS Commercial Court, even in cases of third party proceedings or several defendants.
16. Miscellaneous
16.1 In the event of a contradiction between the different versions of these conditions, the French version shall prevail.
16.2 If any one of these provisions is declared invalid or inapplicable, it shall not affect the validity and effect of the other clauses in these conditions.
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