1 Definitions
1.1 Delivery
The term of Delivery includes also the delivery up to the customer’s nominated warehouse address in the event of shipments moving on DAP or DDP incoterms.
1.2 Principal
Legal person which concludes a Freight Forwarding Contract with Jet Freight Ltd.
1.3 Theft-Sensitive Goods
Theft-Sensitive Goods are those exposed to an increased risk of robbery and theft, such as money, precious metals, jewellery, watches, precious minerals, art, antiques, check books, credit cards and/or other payment means, stocks and security papers, documents, spirits, tobacco, entertainment electronic goods, telecommunications goods, IT equipment and accessories as well as smart cards.
1.4 Consignee
Legal person to whom the goods shall be delivered according to the Freight Forwarding Contract or valid instruction of the Principal or other persons authorised to dispose of.
1.5 Vehicle
Means of transport for the transportation of goods on traffic routes.
1.6 Dangerous Goods
Dangerous Goods are goods that have the potential to endanger people, Vehicles or legal interests of third parties during the course of standard transportation, warehousing or other activities. In particular, hazardous goods are defined as goods that fall in the scope of application of statutes and regulations relating to hazardous goods, such as provisions covering dangerous materials, water or garbage.
1.7 Loading Means
Means for the aggregation of packages and for the creation of loading units, such as pallets, container, swap trailers, bins.
1.8 Place of Loading/Discharge
The postal address, if the parties have not agreed on a more precise location
1.9 Time of Performance
The time (date, time of day) up to a particular performance must be taken place, for example a Time Frame or Point of Time.
1.10 Package
Single items or units formed by the Principal for the fulfilment of the order with or without Loading Means, which Jet Freight Ltd must handle as one consignment.
1.11 Damage Case/Damage Event
Damage Case means, when, due to an external process, a claimant raises a claim on the basis of a Freight Forwarding Contract or in lieu of a freight forwarding claim; Damage Event means, when, due to an external process, several claimants raise claims on the basis of several Freight Forwarding Contracts.
1.12 Interfaces
After acceptance and before Delivery of the goods by Jet Freight Ltd, Interfaces are defined as any transition of the goods from one legal person to another an y transhipment from one Vehicle to another, any (temporary) storage.
1.13 Freight Forwarder
Legal person, which concludes a Freight Forwarding Contract with the Principal.
1.14 Freight Forwarding Contracts
The Terms and Conditions cover all Freight Forwarding Contracts undertaken by Jet Freight Ltd as contractor for all activities, regardless of whether they are freight forwarding, carriage of goods (national or international by road or sea), warehousing or other, typical services pertaining to the freight forwarding business, such as customs handling, tracking of goods or cargo handling. These terms and conditions also apply to all typical logistical services included in freight forwarding, if these are in relation to the transport or warehousing of goods, in particular to activities such as the creation of loading units, consignments, labelling, weighing of goods and returns processing.
1.15 Shipper
Legal Person, which hands over the goods for transportation according to the Freight Forwarding Contract or on a valid instruction.
1.16 Material Contractual Obligations
Material Contractual Obligations are defined as those that initially enable the contractually agreed fulfilment of the Freight Forwarding Contract and on which the contracting partner is entitled to reasonably rely on.
1.17 Valuable Goods
Good, at the time and place of taking over, with an actual value of at least 100 Euro/kg.
1.18 Time Frame
Agreed Time Frame for the arrival of Jet Freight Ltd or its nominated agent / subcontractor at the Place of Loading or Place of Discharge.
1.19 Point of Time Agreed
Point of Time for the arrival of Jet Freight Ltd at the Place of Loading or Place of Discharge.
2 Scope of application
2.1 The Terms and Conditions cover all Freight Forwarding Contracts undertaken by Jet Freight Ltd as contractor.
2.2 Statutory provisions which cannot be modified by pre-formulated standard terms and conditions take precedence over the Terms and Conditions.
2.3 The Terms and Conditions do not apply to businesses that are exclusively dedicated to:
2.3.1 packaging,
2.3.2 transportation and warehousing of towed or salvaged goods,
2.3.3 transportation and warehousing of removal goods,
2.3.4 storage and digitalisation of files; files are all types of embodied and digitalised business papers, documents, data storage mediums and similar objects for information collection,
2.3.5 abnormal and heavy-load transports, which require a transportation regulation permission or exception, crane services and associated assembly work,
3 Obligation of the Principal regarding placing of orders, information requirements, special goods
3.1 The Principal shall inform Jet Freight Ltd about all relevant parameters affecting the carrying out of the order. These include:
3.1.1 addresses, type and quality of the goods, the gross weight (including packaging and Loading Means) or otherwise specified quantities, marks, numbering, quantities and type of Packages, specific characteristics of the goods (such as live animals and plants, perishability), the value of the goods (for example for customs purposes or the insurance of goods according to clause 21 Terms and Conditions) and Delivery times,
3.1.2 all public-legal duties and safety regulations, such as duties relating to customs, foreign trade regulations (particularly those relating to goods and people as well as specific country embargos) and legal safety obligations.
3.1.3 in case of carriage of goods by sea, all relevant data in the compulsory form relating to safety statutes (e. g. International Convention for the Safety of Life at Sea (SOLAS).
3.1.4 intellectual property rights of third parties, such as trademark and license limitations which are connected to the possession of the goods, including legal or regulatory hindrances capable of prejudicing the processing of the order.
3.1.5 specific technical requirements for the means of transport and particular cargo securing means to be supplied by Jet Freight Ltd.
3.2 In case of Dangerous Goods, the Principal must inform Jet Freight Ltd in due time and in text form about the quantity and specific nature of the hazard including – if required – the necessary safety measures. If Dangerous Goods fall into scope of the law on the transport of dangerous goods or if other transported and stored goods fall into scope of other Dangerous Goods or garbage related statutes or regulations, the Principal must provide the relevant information, in particular the classification according to the relevant Dangerous Goods laws, and, at the latest, during the handover of the goods, supply the required documentation.
3.3 In case of valuable or Theft-Sensitive Goods, the Principal must inform Jet Freight Ltd in text form regarding the type and value of the goods and the current risks involved to enable Jet Freight Ltd to assess the acceptance of the order or take appropriate measures for the safe and damage-free completion of said order. In case of acceptance of the order, Jet Freight Ltd is obliged to undertake appropriate safety measures for protecting the goods.
3.4 The Principal is responsible for supplying Jet Freight Ltd with all information, certificates and other documentation required, such as customs classification, for the correct processing of customs or other statutorily required handling of the goods, including, but not limited to, security checks for air freight shipments.
4 Rights and duties of Jet Freight Ltd
4.1 Jet Freight Ltd shall act in the interest of the Principal, check the placed order for obvious faults and immediately inform the Principal, if required, about all dangers known by Jet Freight Ltd for the fulfilment of the order.
4.2 Jet Freight Ltd takes care that the Vehicles, loading safety means and, if their presentation is agreed, Loading Means are in a technically perfect condition, comply with statutory provisions and the requirements of the Freight Forwarding Contract. Vehicles and Loading Means shall be equipped with the typical appliances, equipment or methods for the protection of the goods, in particular loading safety means. Vehicles shall have low emissions and noise as well as low energy consumption.
4.3 Jet Freight Ltd shall deploy reliable, appropriate and, for the particular task in question, suitable and duly employed, qualified and trained drivers and, if required, with a driver certification.
4.4 On foreign premises, Jet Freight Ltd shall comply with the house rules, plant or construction site regulations in force, if they were announced to Jet Freight Ltd. Section 419 HGB remains unaffected.
4.5 Jet Freight Ltd is entitled to make customs clearance dependent on issuance of a written power of attorney that assigns direct representation.
4.6 If Jet Freight Ltd is assigned with the cross-border transportation of the goods or the import or export customs clearance, Jet Freight Ltd is, in case of doubt, also entitled to act in regards to the customs or other statutorily required handling of the goods, if the transport of the goods to the agreed destination would be impossible without such action.
Jet Freight Ltd is hereby entitled
4.6.1 to open Packages whenever such action is necessary to comply with statutorily required controls (for example, Jet Freight Ltd as regulated agent), and, subsequently, to undertake all measures necessary to complete the order, such as repackaging the goods.
4.6.2 to advance payments required by customs.
4.7 In case of damage to or delay of the goods and upon request by the Principal or Consignee, Jet Freight Ltd must procure immediately all required and known information for securing their compensation claims.
4.8 In the absence of a separate agreement in the order supplied to Jet Freight Ltd, the service does not include:
4.8.1 the supply or replacement of pallets or other Loading Means,
4.8.2 the loading and unloading of goods, unless otherwise indicated by circumstances or common practice.
4.8.3 a transhipment ban,
4.8.4 the allocation of a shipment tracking system, unless it is in line for this sector of industry. Clause 14 Terms and Conditions remains unaffected.
4.8.5 returns, detours and hidden additional cargo. If in deviation to the actual order, one or more Packages are handed over and accepted for transportation by Jet Freight Ltd, then Jet Freight Ltd and the Principal concludes a new Freight Forwarding Contract about these goods. In case of returns or hidden additional cargo and in absence of a separate agreement, the terms and conditions of the original Freight Forwarding Contract will apply. Clause 5.2 Terms and Conditions remains unaffected.
4.9 Further service and information obligations, for example quality management measures and their auditing, monitoring and evaluation systems as well as key performance indicators needs to be expressly agreed.
5 Contact person, electronic communication and documents
5.1 Upon request of a contracting party, each side will nominate one or more contact persons to receive information, explanations and enquiries regarding the fulfilment of the contract and exchange names and addresses. This information needs to be updated in case of changes. If either contracting party fails to provide details for a contact person, then the relevant signatory to the contract shall be the designated contact person. Information obligations, which exceeds the obligation in statutory provisions, for example measures of Jet Freight Ltd in case of disruptions, in particular, an imminent delay during takeover or Delivery, obstacles to carriage and Delivery, damages to the goods or other disruptions (emergency concept) needs to be agreed separately.
5.2 In the absence of an expressly agreement, contractual statements by warehousing or transport personnel require approval from the respective party to be considered valid.
5.3 The Principal takes care of the required declarations to be supplied by the Principal’s Shipper or Consignee during the fulfilment of the contract at the Place of Loading and Place of Delivery, and of real actions, such as Delivery and receipt of the goods.
5.4 If agreed between the Principal and Jet Freight Ltd, the parties will transmit and receive the shipping details, including the creation of the invoice, by electronic means (electronic data interchange / remote transmission). The transmitting party carries the responsibility for the loss, completeness and validity of any sent data.
5.5 In case of an agreement according to clause 5.4 Terms and Conditions, the parties ensure that their IT system is ready for operation and that data can be processed appropriately, including the usual safety and control measures, to protect the electronic data exchange and prevent unauthorized access, modification, loss or destruction by third parties. All parties are obliged to give timely notification of any changes to their IT systems that could affect the electronic data interchange.
5.6 Electronic or digital documents, in particular proof of deliveries, shall be considered equal to written documents. Furthermore, each party is entitled to archive written documentation in exclusively electronic or digital format and to eliminate originals, the latter always in consideration of the legal regulations regarding the same.
6 Packaging and labelling duties of the Principal
6.1 The Principal shall pack the goods, and if required, clearly and permanently label all Packages with their required identifications, such as addresses, marks, numbers and symbols relating to the handling and characteristics of the goods. Old identification marks must be removed or garbled. The same applies for Packages.
6.2 Furthermore, the Principal is responsible for:
6.2.1 identifying all items belonging to the same shipment, to ensure easy recognition,
6.2.2 ensuring that Packages, if required, cannot be accessed without leaving external traces.
7 Securing cargo and supervisory duties of Jet Freight Ltd
7.1 In all cases where loading and discharge occurs at more than one location, Jet Freight Ltd takes care for the security of cargo until the last Place of Discharge and at all times, but not before the completion of loading in a transport safety manner.
7.2 Jet Freight Ltd shall conduct controls at all Interfaces. Jet Freight Ltd shall check completeness and identity of the goods, their apparent good order and condition as well as all seals and locks and record any irregularities in the accompanying documents or via separate notification.
8 Receipt
8.1 Jet Freight Ltd shall issue a certificate of receipt with reservations noted, if necessary. In case of doubt, the certificate of receipt issued by Jet Freight Ltd only confirms the number and type of Packages, but not their content, value, weight or other measurements.
8.2 Previously loaded or sealed loading units, such as containers or swap bodies and previously transmitted data, the accuracy of the certificate of receipt regarding quantity and type of loaded Packages is vitiated, if Jet Freight Ltd notifies the Principal on differences (in quantity) or damages, immediately after unloading the loading unit.
8.3 Jet Freight Ltd must request proof of Delivery from the Consignee in form of a Delivery receipt listing all Packages as outlined in the order or other accompanying documentation. Should the Consignee refuse to issue a Delivery receipt, Jet Freight Ltd must request instructions from the Principal. The Principal can demand the Delivery receipt for a period of one year after the goods have been delivered.
8.4 As receipt for takeover or Delivery of the goods counts any signed document which gives evidence for fulfilment of the order, such as Delivery notes, forwarders certificate of receipt, consignment note, sea way bill, consignment bill or a bill of lading.
8.5 The certificate of receipt and Delivery receipt can also be issued electronically or digitally, unless the Principal requests the issuing of a consignment note, sea way bill, consignment bill or bill of lading.
9 Instructions
Upon conclusion of the contract, Jet Freight Ltd must follow all instructions regarding the cargo, unless carrying out such instructions poses disadvantages to his business or damages to consignments of other Principals or Consignees. If Jet Freight Ltd intents not to follow an instruction, then Jet Freight Ltd shall inform the instructor immediately.
10 Freight payment, cash on Delivery
Notifications by the Principal to the effect that the order should be executed freight collect or for the account of the Consignee or a third party, for example according to Incoterms, do not exempt the Principal from his obligation to pay Jet Freight Ltd its remuneration and outlays, including freights, customs charges and other expenses. Freight collect instructions, for example according to Article 21 CMR, remain unaffected.
11 Default of loading and Delivery times, demurrage
11.1 In cases where the Principal must load or unload the Vehicle, the Principal has the obligation to do so within the agreed, otherwise within a reasonable loading and unloading time.
11.2 If, in case of carriage of goods by road, the parties agree on a Time Frame or Point of Time or is such notified by Jet Freight Ltd without objection by the Principal, Shipper or Consignee, the loading and unloading time –
irrespective of the number of shipments per Place of Loading and Discharge – for full truck loads, but with the exception for bulk goods, for Vehicles with 40 tons maximum permissible weight shall be maximum 2 hours for loading and unloading in general. The times shall be reduced appropriately for Vehicles with a lower maximum permissible weight in the individual case.
11.3 The loading or unloading time begins with the arrival of the road vehicle at the designated Place of Loading and Discharge (for example, by notifying the gate keeper), and ends when the Principal has completed all its duties. However, if a Time of Performance has been agreed for the arrival of road Vehicles at the Place of Loading and Discharge, the loading and unloading time does not begin before the agreed presentation time.
11.4 In cases where the contractually agreed loading and unloading time are not maintained due to reasons beyond the Jet Freight Ltd’s scope of responsibility, the Principal must pay Jet Freight Ltd the agreed, otherwise commonly accepted, demurrage fees.
11.5 The aforementioned provisions apply accordingly, when Jet Freight Ltd is obliged to load and unload the goods, and when the Principal is exclusively committed to prepare the goods for loading or to accept them after unloading.
12 Performance hindrances and force majeure
12.1 If Jet Freight Ltd is unable to take over the goods, or unable to take them over on time, the Freight Forwarder must immediately notify and seek instruction from the Principal. The Principal remains entitled to terminate the Freight Forwarding Contract, whereas Jet Freight Ltd is not entitled to ask for compensation.
12.2 Performance hindrances that do not fall within the scope of responsibility of either contracting party, free said parties of their performance duties for the duration of the hindrance and the extent of its impact. Such performance hindrances are defined as force majeure, civil unrest, war or acts of terrorism, strikes and lock-outs, transport route blockades, and any other unforeseeable, unavoidable and serious events. In case of a performance hindrance, the contracting parties are obliged to notify the other party immediately. Additionally, Jet Freight Ltd is obliged to ask the Principal for instructions.
13 Delivery
13.1 If, after arrival at the Place of Discharge, it becomes apparent that the unloading cannot take place within the time of unloading, Jet Freight Ltd must immediately notify the Principal and request for relevant instructions.
13.2 If Jet Freight Ltd cannot adhere to the agreed Time of Performance or – in the absence of an agreement – to a reasonable time for Delivery, Jet Freight Ltd shall request instructions from the Principal or the Consignee.
13.3 In cases where the Consignee is absent at the designated home, business or shared location address and if the Consignee lives therein, the goods, always assuming there are no obvious doubts regarding the entitlement to receive the goods of the person in question, may be delivered to:
13.3.1 an adult family member; a family employee; or an adult with permanent residence at the designated home address,
13.3.2 an employee at the designated business location,
13.3.3 a manager or representative authorised to receive the goods at the designated shared location.
13.4 In cases where Jet Freight Ltd and Principal have agreed on Delivery without the presentation to an actual person (for example, night, garage or assembly line deliveries), Delivery is deemed to have taken place on the actual physical deposit of the goods at the agreed location.
13.5 The Delivery can only take place under supervision of the Principal, Consignee or a third party authorised for reception. Clauses 13.3 and 13.4 Terms and Conditions remain unaffected.
14 Information and restitution duties of Jet Freight Ltd
14.1 Jet Freight Ltd has the duty to supply the Principal with the required information and, upon request, with the status of the business as well as to demand accountability upon completion. However, Jet Freight Ltd is not obliged to reveal costs.
15 Warehousing
15.1 The Principal has the duty to pack and mark the goods, if required, and to make available all documents and information to Jet Freight Ltd for an appropriate storage.
15.2 Jet Freight Ltd decides in its sole discretion if warehousing takes place in its own facilities or, if not otherwise agreed, those of third parties
15.3 Jet Freight Ltd takes care for the due maintenance and care of the warehouse and storage space, the drives on the premises and for securing the goods, in particular theft protection. Additional security measures, for example measures exceeding the statutory fire protection laws, must be explicitly agreed.
15.4 Unless otherwise agreed:
15.4.1 takeover of the goods for warehousing begins with the unloading of the goods at Jet Freight Ltd’s designated warehouse and ends with the completion of the Delivery by Jet Freight Ltd.
15.4.2 there is one physical inventory inspection per year. On instruction of the Principal, Jet Freight Ltd shall conduct further physical inventories against compensation.
15.5 With taking over the goods and if appropriate examination means are available, Jet Freight Ltd is obliged to conduct a receiving inspection on types, quantities, marks, numbering, quantities of Packages as well as outer visible damages.
15.6 Jet Freight Ltd shall conduct regular inspections with appropriate personnel for securing the goods.
15.7 In case of stock shortfall and imminent changes at the goods, Jet Freight Ltd shall immediately inform the Principal and ask for instructions.
15.8 Additional service and information obligations require an explicit agreement.
16 Remuneration
The services according to the Freight Forwarding Contract are compensated with the agreed remuneration.
17 Compensation claims and right of recourse
17.1 Jet Freight Ltd is, if not caused by themselves, entitled to ask for refund of expenses incurred, in particular those relating to average contributions, detention or demurrage charges, including additional packaging for protecting the goods.
17.2 If the Principal instructs Jet Freight Ltd to receive goods and if, on reception of the goods by Jet Freight Ltd, freight, cash on delivery, customs duties, taxes, or other expenses and charges are demanded, Jet Freight Ltd is entitled – but not obliged – to pay these costs according to the circumstances he has properly assessed, and to claim reimbursement from the Principal, unless otherwise agreed.
17.3 On request, the Principal must immediately indemnify Jet Freight Ltd for expenditures, such as freight, average contributions, customs duties, taxes and other fees demanded from Jet Freight Ltd, in particular acting as a person authorised to dispose or as possessor of goods belonging to third parties, unless Jet Freight Ltd is not responsible for their accrual.
18 Invoices, foreign currencies
18.1 Remuneration claims of Jet Freight Ltd require the reception of an invoice or payment schedule in accordance to statutory requirements. If not otherwise agreed, the maturity is not dependent on presenting a delivery receipt in case of an uncontested Delivery.
18.2 Regarding foreign Principals or Consignees, Jet Freight Ltd is entitled to ask whether to receive payment in the relevant foreign currency or in Euro (EUR).
18.3 If Jet Freight Ltd owes foreign currency or has advanced foreign currency amounts, Jet Freight Ltd is entitled to ask for payment in either the relevant foreign currency or in Euro (EUR).
18.4 Payment according to a credit memo procedure must be expressly agreed. Clause 18.1 1st sentence Terms and Conditions is not applicable for credit memo procedures.
19 Set-off, Retention
In the face of claims arising from the freight forwarding contract and associated non-contractual claims, set-off or retention is only permitted when the claim is uncontested, ready for decision or legally established.
20 Lien and retention rights
20.1 Jet Freight Ltd is entitled to secure its demands arising from freight forwarding services according to the legally permitted regulations regarding lien and retention rights.
20.2 Lien rights can be exercised according to the legally established provisions, providing:
20.2.1 the threat and the required notifications about the lien exercise and the sale of the pledged items by the carrier shall be forwarded to the Consignee,
20.2.2 the time limit of one month is superseded by a time limit of two weeks.
20.3 The Principal is entitled to prohibit the exercise of the lien by granting an equivalent security for its claims, such as a directly enforceable bank guarantee
21 Insurance of goods
21.1 Jet Freight Ltd arranges the insurance of the goods (whether for goods in transit or goods held in warehouse) with an insurer of its choice, when the Principal assigns Jet Freight Ltd to do so prior to handing over the goods.
21.2 Jet Freight Ltd shall arrange insurance for the goods, if this is in the interests of the Principal. Jet Freight Ltd can assume that insurance is in the interests of the Principal, in particular when:
21.2.1 Jet Freight Ltd has arranged insurance for a previous Freight Forwarding Contract for the same Principal in the course of an ongoing business relationship,
21.2.2 the Principal has declared a value of the goods for the purpose of insurance.
21.3 The assumption that insurance is in the interest of the Principal according to clause 21.2 Terms and Conditions can be discounted, in particular when:
21.3.1 the Principal has prohibited the purchase,
21.3.2 the Principal is a freight forwarder, carrier or warehouse keeper.
21.4 In case of purchasing insurance cover, Jet Freight Ltd shall observe instructions of the Principal, in particular the amount insured and risks to be covered. In the absence of such an instruction, Jet Freight Ltd must assess the type and scope of insurance in its sole discretion and purchase insurance cover at the usual market conditions.
21.5 If, due to the nature of the goods to be insured, or for another reason, Jet Freight Ltd is unable to purchase insurance cover, Jet Freight Ltd will notify the Principal immediately.
21.6 If Jet Freight Ltd purchases an insurance after conclusion of the Freight Forwarding Contract and upon instruction of the Principal or recovers a claim or acts otherwise on behalf of the Principal regarding carrying out insurance claims or averages, Jet Freight Ltd is entitled to a reasonable remuneration according to local standards, otherwise, an appropriate remuneration, in addition to the compensation of its expenses, even in the absence of a prior agreement.
22 Liability of Jet Freight Ltd
22.1 Notwithstanding any negligence by Jet Freight Ltd, its agents, subcontractors or other persons for whom it is responsible, Jet Freight Ltd shall not be responsible or liable for any damage to or loss or non-delivery of goods or for any delay or deviation in respect of the transportation or delivery or other handling of goods, unless it is proved that such damage, loss, non-delivery, delay or deviation occurred whilst the goods were in the actual custody of Jet Freight Ltd and under its actual control and that the damage, loss, non-delivery, delay or deviation was due to the wilful neglect or wilful default of Jet Freight Ltd, its agents, subcontractors or other persons for whom it is responsible.
22.2 Notwithstanding any negligence of Jet Freight Ltd, its agents or subcontractors or other persons for whom the Company is responsible, the Company shall not be liable for any non-compliance or with instructions given to it unless it is proved that such non-compliance was caused by the wilful neglect or wilful default of the Company or its agents, subcontractors or persons for whom it is responsible.
22.3 Save as provided in Clause 22.1 or Clause 22.2, the Company shall be under no liability whatsoever and howsoever arising and whether in respect of, or in connection with any goods or any instructions, business, advice, information or service or otherwise, and whether or not there is negligence on the part of Company, its agents or subcontractors or other persons for whom the Company is responsible.
22.4 Further and without prejudice to the generality of the preceding provisions of Clause 22, Jet Freight Ltd shall not, in any event, whether under Clause 22.1 or Clause 22.2 or otherwise, be under any liability whatsoever for:
a. Any special, incidental, indirect, consequential to economic loss or damage (including without limitation loss of market, profit, revenue, business or goodwill)
b. Any loss or damage however caused and whether or not resulting from any act or default or neglect of the Company or its agents or subcontractors or other persons for whom the Company is responsible.
22.5 In no case whatsoever shall the liability of the Company howsoever arising and notwithstanding any lack of explanation exceed the value of the relevant goods or a sum of Euro 116 per shipping package or unit or Euro 2.33 per (weight) kilogram, whichever is the least.
22.6 By special arrangement agreed in writing, Jet Freight Ltd may accept liability in excess of the limit set out in Clause 22.5 if the Customer agrees to pay and has paid the Company’s additional charges for accepting such increased liability. Details of the Company’s additional charges will be provided upon request.
23 Liability insurance of Jet Freight Ltd
23.1 Jet Freight Ltd is obliged to purchase and maintain liability insurance at the usual market conditions with an insurer of his choice that, as a minimum, covers the ordinary liability amounts of its freight forwarding liability according to Terms and Conditions and statutory provisions. The agreement of maximum insurance amounts per Damage Case, Damage Event and year is permitted as well as the agreement of reasonable deductibles for Jet Freight Ltd.
23.2 Upon request, Jet Freight Ltd is obliged to provide evidence of the liability insurance and its validity by presentation of an insurance confirmation within a reasonable Time Frame.
24 Applicable law , place of fulfilment, place of jurisdiction
24.1 The legal relationship between Jet Freight Ltd and Principal is governed by Maltese law.
24.2 The place of fulfilment for all involved parties is the location of Jet Freight Ltd’s office dealing with the order or the enquiry.
24.3 The place of jurisdiction for all disputes and all involved parties arising from the Freight Forwarding Contract, an enquiry or in relation to it, is the location of the Principal or Jet Freight Ltd’s office dealing with the order or enquiry, as far as all these parties are merchants. The aforementioned place of jurisdiction shall be deemed as an additional place of jurisdiction pursuant to Article 31 CMR and Article 46 § 1 CIM, but not in case of Article 39 CMR, Article 33 MC, Article 28 Convention for the Unification of certain rules relating to international carriage by air (WC).
25 Confidentiality
Contractual parties are obliged to maintain confidentiality regarding all unpublished information received during the execution of the freight forwarding contract. This information can only be used for the exclusive purpose of contract fulfilment. The parties shall commit other legal persons with an equivalent confidentiality obligation, if these legal persons are deployed for contract fulfilment.
