Terms and conditions
GENERAL CONDITIONS ANIMAL TRANSPORTATION CENTER (D.T.C) B.V. WORKING UNDER THE TRADE NAME; ANIMALS TO FLY.
1. These general terms and conditions apply to every form of service provided by the Forwarder, the private limited liability company, Dieren Transport Centrum B.V., also acting under the name: Animals To Fly (hereinafter: Forwarder) for the client. Client is considered to be the person who gives the order for the execution of operations and work to the Forwarder (hereinafter: The Client).
2. All offers made by the Freight Forwarder are without obligation.
3. Unless, and to the extent that, the forwarder and the Client have not agreed otherwise, the rates do not include: duties, taxes and levies, consulate and legalization costs, costs for drawing up bank guarantees and (extra) insurance premiums, all costs arising from insufficient loading and / or unloading time (irrespective of the cause thereof), extraordinary expenses and higher wages in connection with loading or unloading at the weekend or on public holidays, all extra costs caused by force majeure and all amounts due to incorrectly charged loads and costs to the Freight Forwarder, as well as all additional costs that are demanded or reclaimed from the Freight Forwarder in connection with the order. These costs are all for the account of the Client.
4. Insurance is only delivered at the expense and risk of the Client on his explicit written order.
5. All actions and activities are for the account and risk of the Client.
6. The Forwarding Agent is not liable for any damage, unless the Client proves that the damage was caused by gross negligence or negligence on the part of the Forwarding Agent or his subordinates.
7. With regard to the condition, nature or quality of the goods to be transported, the Forwarding Agent does not act as an expert, nor does any liability arise for him from statements about this. If the Forwarder provides a guarantee, his Client is obliged to indemnify him against all consequences thereof.
8. The damage to be compensated by the Forwarding Agent will in no case amount to more than the invoice value of the goods to be proven by the Client, in the absence of which the market value to be proven by the Client will apply at the time that the damage occurred. The Forwarding Agent is not liable for lost profit, consequential damage and non-material damage.
9. The liability of the Forwarding Agent is in all cases limited to € 10,000 per event or series of events with one and the same cause of damage.
10. The Client is liable vis-à-vis the Forwarding Agent for damage as a result of the (nature of the) goods and the packaging thereof, the inaccuracy, inaccuracy or incompleteness of instructions and data, the non-availability or late availability of the goods at the agreed time and location, as well as the failure to provide documents and / or instructions and the fault or negligence in general of the Client and his subordinates and third parties engaged and / or employed by him in general.
11. The Client shall indemnify the Forwarding Agent against claims from third parties, including subordinates of both the Forwarding Agent and the Client, that are related to the damage referred to in the previous paragraph.
12. Even if all-in or fixed rates have been agreed, the Forwarder who does not transport himself, is not liable as a carrier, but as a Forwarder and in accordance with these conditions.
13. In the event of force majeure, the agreement remains in force, but the obligations of the Forwarding Agent will be suspended for the duration of the force majeure.
14. Times of arrival are not guaranteed by the Forwarder, unless agreed otherwise in writing.
15. If carriers refuse to sign for piece number, weight, etc., the Forwarder is not responsible or liable for the consequences thereof.
16. The Client is obliged to pay the Forwarding Agent the agreed fee and the other costs, freight, rights, etc. arising from the agreement and / or these terms and conditions upon arrival of goods to be received or shipment of goods to be sent, unless between Forwarder and Client otherwise agreed through written agreement or consistent use.
17. The agreed remuneration and other costs, freight, rights, etc., arising from the agreement and / or these terms and conditions, are also due if damage has occurred in the performance of the agreement.
18. In the event of termination or dissolution of the agreement, all claims – including future ones – of the Forwarding Agent will become immediately due and payable in full. In any case, all claims will be immediately due and payable in full if:
– the bankruptcy is pronounced by the Client, the Client applies for suspension of payment or otherwise loses the free disposal of his assets;
– the Client offers an agreement to its creditors, is in default with the fulfillment of any financial obligation towards the Forwarding Agent, ceases to conduct its business or – in the case of a legal entity or company – if it is dissolved.
19. The Forwarding Agent is not obliged to provide security from its own resources for payment of freight, duties, levies, taxes and / or other costs. All consequences of not (immediately) complying with a guarantee obligation will be borne by the Client.
20. The Client is at all times obliged to reimburse the forwards or recoverable amounts in connection with the assignment by any government as well as the associated imposed fines to the Forwarding Agent. The aforementioned amounts must also be reimbursed by the Client to the Forwarding Agent if the Forwarding Agent is approached by a third party engaged by him in connection with the forwarding agreement.
21. If, in the event of late payment, collection is made by judicial or other means, the amount of the claim will be increased by 10% administration costs, while the judicial and extrajudicial costs will be borne by the Client.
22. Any claim against the Forwarding Agent expires by the mere lapse of 6 months after the day on which the claim became due or on the day following that on which the injured party became aware of the damage.
23. All agreements to which these conditions apply will be subject to Dutch law.
24. The place of settlement of the Freight Forwarder is the place of settlement and claims settlement.
25. Disputes that may arise between the Forwarding Agent and the Client are submitted to the Dutch court at the location of the Forwarding Agent, or – exclusively at the discretion of the Forwarding Agent – the location of the Client.