General Terms and Conditions

FERNFRACHT Logistics GmbH

1) Scope of service

These “General Terms and Conditions“ (GTC) apply to all transport orders placed with FERNRACHT Logistics GmbH, hereinafter referred to as FERNRACHT.

Any deviating, conflicting, or supplementary „Terms and Conditions“ of the contractor shall not apply, even if FERNFRACHT does not expressly object to their validity in individual cases.

By accepting or carrying out a transport order, the contractor acknowledges these “Terms and Conditions“ as binding.

In addition, the General Austrian Freight Forwarding Conditions (AÖSP) apply in their currently valid version. For cross-border shipments, the provisions of the CMR (Convention on the Contract for the International Carriage of Goods by Road) also apply.

Mandatory legal provisions remain unaffected.

2) Subject of the Assignment

The scope of this contract includes the proper and contractually compliant transportation of goods by the contractor using appropriate means of transport, as well as additional ancillary services such as the exchange of load securing equipment, uploading proof of deliveries and status updates to our FERNFRACHT Plattform, securing the load with appropriate equipment, etc.

3) Assignment

By accepting the transport order, the contractor agrees to the following “General Terms and Conditions“ and their contents. The transport order is binding even without a written confirmation. Any verbal side agreements are invalid. The link sent to the contractor via email leads directly to our FERNFRACHT Plattform.

Once you have accepted our “Terms and Conditions“, you can print or save the transport order.

4) Transport process

Collection of goods exclusively on behalf of „FERNFRACHT”!

In the event of delays or other irregularities, FERNFRACHT must be notified immediately. If immediate notification is not provided, any resulting claims cannot be asserted. As soon as a claim is discovered, FERNFRACHT must be notified immediately.

The goods may only be unloaded at the recipient’s or delivery address specified in the transport order. Any deviations from this require the prior written consent of FERNFRACHT. If the information contained in the transport order differs from that in the transport accompanying documents, or if there is any uncertainty regarding the unloading location, it is mandatory to consult with FERNFRACHT before proceeding with unloading. Unloading without the appropriate authorization is at the contractor’s own risk.

If the neutrality requirements are violated, FERNFRACHT will charge the value of the goods being transported! Failure to comply with the neutrality requirements of the transport order will result in the forfeiture of all claims by the contractor, in particular the freight price!

The contractor warrants that it holds all official permits, concessions, licenses, and other authorizations necessary for the performance of the respective transport order. This applies in particular to all countries whose territory is traversed or affected in the course of performing the transport order, including the applicable national regulations.

5) On-time delivery

All deliveries must be made on time. The loading and unloading dates specified in the transport order are considered binding deadlines. FERNFRACHT expressly states that it has a particular interest in the timely pickup and delivery of the goods. To the extent that the CMR applies, agreed unloading dates are considered delivery deadlines within the meaning of Article 19 of the CMR.

6) Transport and Cargo Security Regulations

The contractor is obligated to take all necessary security measures to protect the goods in its custody and to maintain these measures throughout the entire duration of transport. This includes, in particular, appropriate organizational, technical, and personnel measures to prevent theft, robbery, tampering, or any other unauthorized access.

The vehicle must be properly locked at all times and secured with appropriate anti-theft devices. During breaks in the journey (parking the truck, rest breaks, waiting periods, etc.), only suitable, secure, and monitored parking areas may be used. A list of such parking areas can be obtained from the WKS (Salzburg Chamber of Commerce) or the relevant trade association. The isolated parking of loaded trailers, semi-trailers, or swap bodies without a towing vehicle is prohibited. Parking the transport vehicle in unsecured areas is expressly prohibited. Vehicle keys as well as vehicle and freight documents must not be left in the unattended vehicle. The contractor is liable for all damages resulting from inadequate security measures and is also responsible for any subcontractors it employs.

7) Reporting Claims and Obligations to Cooperate

In the event of damage, the contractor must immediately seek instructions from FERNFRACHT. The contractor is obligated to promptly provide all information and documents necessary for the investigation and settlement of the claim, particularly those that may be relevant to further processing by FERNFRACHT or its insurance company.

The contractor must independently take all reasonable and appropriate measures to mitigate damages. In the event of damage, the contractor bears the burden of proving that it has properly fulfilled its obligations to mitigate damages.

If the damage is expected to exceed EUR 2,000, a general average commissioner must be engaged at the contractor’s expense. Any traffic accident, as well as theft and/or fire damage, must be reported immediately to the appropriate police station.

8) Prohibition on transshipment, temporary storage, and mixed loading

The transshipment of goods, as well as any temporary storage in a warehouse, transit depot, or distribution center, is prohibited without the prior express written consent of FERNFRACHT.

Stacking the goods to create additional cargo space or for other reasons is permitted. Only if this has been expressly agreed upon or if, given the nature and characteristics of the goods, it is done properly and without posing a risk.

There is a strict ban on additional cargo for fully chartered vehicles.

If the contractor breaches these obligations, FERNFRACHT shall be entitled to charge a contractual penalty equal to 25% of the agreed freight price. The contractor reserves the right to prove that it is not at fault. This shall not affect the right to claim additional damages.

9) Shipment Tracking and Status Obligation

9.1 Aviso-/ Time-Slot Booking:

Aviso or time-slot bookings must be made via the FERNFRACHT Plattform no later than 9:00 a.m. on the day of loading. If a booking is not made by the deadline, FERNFRACHT will make the booking on your behalf. The resulting processing fee will be charged with 20 EUR.

For last-minute transport orders, FERNFRACHT automatically handles the booking of the notification and time slot. An order is considered last-minute if it is placed after 3:00 p.m. on the day before the loading date.

9.2 Compliance with Aviso-/ Time-Slot Booking:

The contractor is obligated to adhere to the booked aviso or time slot. A time slot corresponds to a duration of 60 minutes. A rescheduling of the time slot is possible via the FERNFRACHT Plattform no later than 1 hour before the start of the booked slot. To ensure a smooth process, the contractor will receive an automatic email reminder halfway through the booked time slot, requesting that they report the current transport status (approach/arrival/loading).

If the “Arrived” status is not set within the booked time slot, this shall be considered a breach of obligation. In this case, FERNFRACHT is entitled to charge an additional processing fee of 25 EUR.

9.3 Status Obligation:

The “Arrival” status must be set for every loading and unloading place. All status updates must be submitted via the FERNFRACHT Plattform in a complete, accurate, and timely manner.

If the contractor fails to submit a required status—in particular the “Arrival” status—or if it is not submitted on time, this shall be considered a breach of status reporting.

In this case, FERNFRACHT is entitled to request the missing status from the contractor and, if necessary, to enter it on the contractor’s behalf.

For the resulting additional administrative effort, FERNFRACHT is entitled to charge a processing fee of EUR 15 per unset status and per loading or unloading place.

9.4 Abusive or intentionally false status update:

If transport statuses are intentionally set to be false, misleading, or abusive, this constitutes a serious breach of duty. An intentionally false status report is deemed to exist, in particular, if incorrect information is used to simulate a false actual sequence of events or to deliberately mislead FERNFRACHT.

In such a case, FERNFRACHT is entitled to charge a contractual penalty amounting to 30% of the agreed freight price. The right to claim further damages remains unaffected by this.

It is expressly agreed that additional processing fees resulting from status violations will be offset against counterclaims by the contractor.

10) Exchange of loading devices

Unless otherwise agreed in writing, the exchange of loading equipment (euro pallets, Düsseldorfer pallets, H1 pallets, or mesh boxes, etc.) is deemed to have been agreed upon, and the contractor is responsible for returning such equipment to the original shipper. All associated costs (exchange fees, return fees, etc.) are already included in the agreed-upon freight price.

Should the loading of Euro, DD, H1 pallets or mesh boxes occur despite the prescribed NON-exchange, the NON-exchange must be confirmed by the loading or unloading place on a separate pallet note with stamp and signature.

If the contractor does not receive the appropriate loading devices back at the unloading place, FERNFRACHT must be notified immediately so that the matter can be resolved while the vehicle is still at the unloading place. If this notification is not provided or is not provided in a timely manner, the contractor shall be responsible for procuring or replacing the loading devices that was not returned.

In the absence of proof or if the pallet balance shows a claim in favour of FERNFRACHT, we will charge 15 EUR per euro pallet / Düsseldorfer pallet; 65 EUR per H1 pallet; 110 EUR per mesh box; plus 25 EUR processing fee.

If proof of exchange is provided or the agreed double exchange is fulfilled within 20 days of the unloading date, any charged loading devices, including charged processing fees, will be refunded. If proof of exchange is submitted after the deadline, the charged loading devices will be refunded, but the charged processing fees will remain in effect. Unless separate return deadlines have been agreed upon in writing, a general return period of 3 months from the unloading date applies to loading devices. Return is no longer possible after this period.

It is hereby agreed that any debt for loading devices shall be offset against the contractor’s counterclaims or recorded by FERNFRACHT in a mutual current account.

10.1 Euro Pallet Exchange – Quality Issue:

The exchange of euro pallets (EPAL) generally takes place on a like-for-like basis at the respective loading or unloading place.

Only exchangeable euro pallets that comply with the EPAL standard may be handed over. Only pallets that are in perfect condition and meet the quality requirements of the EPAL exchange system are considered exchangeable. Pallets that are damaged, in need of repair, heavily soiled, or do not comply with the EPAL standard are not considered exchangeable.

Additional signs of damaged euro pallets:

a) A board is missing, warped, or broken crosswise

b) A board has splintered in such a way that the shaft of a nail or screw is visible

c) A block is missing, broken, twisted, or chipped in such a way that more than one nail or screw shaft is visible

d) The essential markings are missing or illegible

e) The overall condition is so poor that structural integrity can no longer be guaranteed (rotten, severely splintered boards or blocks)

f) Unauthorized parts were used for the repair

g) No adhesives, such as wrappings, cardboard packaging, ribbons, and labels

11) Customs and cross-border transportation

In the case of cross-border transport, the contractor is obligated to familiarize itself with the relevant customs and foreign trade regulations of the countries concerned prior to carrying out the transport order and to comply with them. FERNFRACHT does not provide customs representation.

The responsibility for the proper carrying and presentation of the customs documents required for transport (in particular T-documents, TIR Carnets, transit documents, or comparable documents) lies with the contractor. All costs, fees, or charges incurred in connection with the performance of the transport are—unless expressly agreed otherwise—covered by the agreed freight price.

If FERNFRACHT is held liable by authorities or third parties due to a customs violation by the contractor, the contractor shall fully indemnify and hold FERNFRACHT harmless.

12) Driver Requirements and Responsibilities

The contractor guarantees that all drivers employed hold a valid, internationally recognized driver’s license as well as the legally required qualification in accordance with Directive 2003/59/EC (EU Professional Driver Qualification). Drivers must conduct themselves in a friendly and professional manner. Instructions from staff at loading and unloading places must be followed. All plant regulations (e.g., smoking and alcohol bans, speed limits, safety precautions, COVID-19 protective measures, etc.) must be followed! Furthermore, the driver of the vehicle must be in the physical and mental condition required for the intended journey. Truck drivers must watch out for forklift traffic; forklifts always have the right of way! Drivers must have at least a basic knowledge of the official language at the departure and arrival locations sufficient to communicate.

For the driver’s safety, all safety equipment (high-visibility vest in yellow or red, safety shoes, safety helmet compliant with EN 397, safety goggles, work gloves, and long-sleeved work clothing) must be carried. This equipment must be worn as directed or in accordance with plant regulations!

It is understood that the driver will be responsible for loading and unloading the goods. An electric pallet jack will be provided for each shipment.

The driver is required to ensure compliance with the legally prescribed minimum requirements, particularly regarding adherence to the gross vehicle weight and permissible axle loads, by using appropriate loading techniques (in particular by following a load distribution plan, etc.). In addition, the driver is responsible for verifying the quantity and the externally visible condition of the goods received.

If discrepancies are found regarding quantity, externally visible quality, temperature at the time of acceptance, or packaging condition, or if a proper inspection is not possible, loading must be stopped immediately. Loading may only resume after consultation with FERNFRACHT and upon explicit instruction.

13) Vehicle condition

The vehicles, trailers, semi-trailers, and equipment used must be in perfect technical condition, roadworthy, and safe to operate, and must comply with the current state of the art. The contractor must ensure proper maintenance and regular inspections.

The cargo area must be dry, swept clean, odor-free, and free of damage, and must have a smooth, undamaged, and clean loading surface. A waterproof, intact tarp is mandatory. Unless otherwise expressly agreed upon in the transport order, the trailer must be crane-loadable (from above) and have an interior height of at least 2.8 meters. The truck’s floor must be forklift-accessible and capable of supporting the weight of the cargo and the forklift.

If the vehicle provided does not meet the agreed-upon requirements or industry standards, FERNFRACHT is entitled to refuse to load the cargo. The contractor shall bear all costs incurred as a result, including, but not limited to, demurrage charges, waiting times, additional expenses for replacement vehicles, and any resulting damages.

FERNFRACHT assumes no liability for damages resulting from the unsuitability of the vehicle.

When transporting food or other sensitive goods, the contractor must comply with the relevant hygiene regulations and ensure that the goods being transported are not contaminated.

14) Load securing and stowage

As the carrier, the contractor is liable for the proper and safe loading of the cargo, as well as for the professional securing of the load in accordance with applicable legal provisions and the state of the art. This applies even if the loading is actually performed by the shipper or a third party. The contractor is liable for the negligence of its employees and other vicarious agents. The contractor shall ensure that the straps are properly re-secured and re-tensioned at the specified intervals.

The equipment required for proper load securing, such as lashing (at least 24) including a long-lever ratchet, edge protectors (including for paper rolls), nonslip mats, slats, clipboards (at least 3), chains, customs cable, etc., must be carried in sufficient quantity and of suitable quality. If the required load securing equipment is not available in sufficient quantity or quality, or if the load securing does not meet the agreed-upon or legal requirements, FERNFRACHT is entitled to secure the load again or have it secured at the contractor’s expense. If it is not possible to ensure proper transportability, FERNFRACHT is entitled to use a replacement vehicle.

The contractor shall be liable for all additional expenses incurred as a result, as well as for any resulting damages. We reserve the right to assert further claims for damages.

A processing fee of 20 EUR will be charged to cover the additional administrative expenses.

15) Refrigerated transport

For temperature-controlled shipments, the transport temperature specified by FERNFRACHT must be maintained throughout the entire duration of transport. The vehicle used must be technically suitable for this purpose, properly maintained, and equipped with a functioning temperature-recording device.

The cargo hold must be sufficiently pre-cooled prior to loading and must be clean, dry, and odor-free. Before accepting the goods, the contractor must verify that they have been properly pre-conditioned. Any discrepancies found must be reported to FERNFRACHT immediately and noted on the shipping documents.

The cold chain must not be interrupted at any time during transport. Any temperature deviations must be reported immediately. Temperature records must be retained for a period of three years and made available to FERNFRACHT upon request. Missing or incomplete temperature records may result in the loss of the freight claim. Any further claims for damages remain unaffected.

16) Cancellation / Failure to Execute the Transport Order

If the contractor cancels a transport order that has already been confirmed or refuses to carry it out, FERNFRACHT is entitled to arrange for alternative transportation. If this results in additional expenses, particularly due to a higher alternative freight price, the contractor must reimburse the difference between the alternative freight price and the originally agreed-upon freight price.

Regardless of whether any actual damage occurs, FERNFRACHT is entitled to charge a cancellation fee equal to 25% of the agreed freight price to cover the scheduling and administrative expenses incurred as a result of the cancellation.

The contractor may provide evidence that FERNFRACHT incurred no expenses or only significantly lower expenses.

FERNFRACHT is entitled to cancel the transport order free of charge up to one hour before the agreed loading time.

17) Settlement via FERNFRACHT Plattform

For each shipment carried out, the contractor agrees to submit all proof of deliveries (CMR consignment notes, delivery notes, weighing notes, loading equipment/pallet notes, etc.) that have been stamped and signed, by uploading them directly to our FERNFRACHT Plattform.

The link can be found in the “Settlement” section of the transport order. Please note that proof of deliveries can only be submitted via the FERNFRACHT Plattform.

Proof of deliveries must be successfully uploaded in full within 10 days (from the unloading date). If the above deadlines are not met, a fee of 40 EUR will be charged, which will be deducted directly from the agreed freight price. In exceptional cases, the original proof of deliveries are required—in such cases, uploading to the FERNFRACHT Plattform is disabled, and the deadline for receiving the original delivery receipts is extended to 20 days from the unloading date.

18) Credit note procedure

Invoicing is handled exclusively via credit notes. The contractor’s transport invoices will not be accepted. Once the uploaded proof of deliveries have been approved, the contractor will receive the transport credit note for the completed transport via email within 48 hours—see also section 17.

19) Settlement and Set-off

FERNFRACHT is entitled to set off all claims it has against the contractor—including, but not limited to, claims arising from pallet invoices, transport damage, loading equipment, processing fees, or other breaches of contract—against any outstanding claims the contractor may have.

In the event that it is proven that services were not provided in accordance with the contract, FERNFRACHT is entitled to set off any resulting claims for damages or reduction against outstanding claims owed to the contractor.

20) Prohibition on set-off, right of pledge, right of retention, prohibition on assignment

The contractor shall have no right of lien or retention with respect to the goods delivered to it or entrusted to it for transport. Any statutory rights of lien or retention held by the contractor are hereby expressly excluded to the extent permitted by law.

FERNFRACHT is entitled to set off existing and future claims against the contractor.

The contractor, however, is not entitled to set off its own claims against claims by FERNFRACHT, unless such claims have been legally established or expressly acknowledged in writing by FERNFRACHT.

The contractor may not assign its claims against FERNFRACHT to third parties without FERNFRACHT’s prior written consent.

21) Due Date and Payment Terms

The issuance, due date, and payment of the transport credit note are contingent upon the complete and proper submission of all agreed-upon, signed proof of deliveries. These must generally be submitted by uploading them to the FERNFRACHT Plattform; in exceptional cases, the originals may be sent by post.

The payment term begins only upon issuance of the credit note by FERNFRACHT and is contingent upon all required proof of deliveries having been submitted in full and correctly. The payment is not due until all proof of deliveries have been received and reviewed.

Unless otherwise agreed in writing, the payment term is 10 days from the date of the credit note, with a 2% discount. FERNFRACHT reserves the right to make payments without any discount after 40 days from the date of the credit note. Payment is made as part of a weekly payment run on Wednesdays. If the payment due date falls on a later day of the week, payment will be made in the next payment run. The execution of the payment run is decisive for meeting the payment due date. If payment is made as described above, a discount deduction is deemed to be agreed. There is no right to reclaim the cash discount deduction.

22) Demurrage charge regulation

Waiting time at the loading and unloading place for the purpose of loading and unloading is free for 24 hours each. Additional demurrage charges can only be accepted if waiting times in the proof of deliveries are confirmed by the loaded office and/or the consignee with stamp and signature, as well as names in block letters and a copy of the demurrage certificates (tachograph print etc.) is attached. We must be informed of any expected waiting times, immediately!

23) Customer Protection / Confidentiality

By accepting and carrying out a transport order, the contractor agrees to protect FERNFRACHT’s client information. The contractor is prohibited, during the term of the business relationship and for a period of one year following the completion of the respective transport order, from directly or indirectly—including through third parties—accepting, brokering, or initiating transport orders from customers of FERNFRACHT or from companies that have become known to the contractor in connection with the execution of the order. In particular, any form of active or passive contact, submission of an offer, brokerage, or initiation of a contract shall be deemed a breach.

The contractor agrees to treat all information disclosed in the course of the business relationship—in particular FERNFRACHT’s operational, financial, and customer-related data—as strictly confidential and not to disclose it to third parties. This obligation shall remain in effect even after the termination of the business relationship.

The contractor shall be liable for the conduct of its employees, agents, subcontractors, and affiliated or economically related companies as if such conduct were its own. Affiliated or economically related companies include, in particular, companies in which the contractor holds a direct or indirect interest, over which it exercises influence, or with which it has personnel, corporate, or other economic ties. Circumvention through third parties shall be deemed equivalent to a direct violation.

A contractual penalty of EUR 5,000 has been agreed for each individual breach. This does not preclude the right to claim additional damages.

24) Privacy Policy

To the extent that the contractor collects, stores, processes, or transmits personal or other data for the purpose of fulfilling the contract, the contractor undertakes to limit such activities to the extent necessary to fulfill its contractual obligations. In addition, the contractor undertakes to comply fully with the applicable data protection laws in their currently valid versions.

The contractor is liable here for all agents and subcontractors engaged.

25) National and international legal regulations and minimum wage provisions

By accepting the transport order, the contractor confirms that it holds all official permits required to carry out the transport and that its driving personnel possess the necessary work and residence permits. The contractor undertakes to ensure that these provisions are also complied with by any subcontractors and all sub-subcontractors. The contractor shall be liable to FERNFRACHT for all resulting irregularities.

The contractor undertakes to comply with all applicable legal regulations, in particular those governing driving and rest periods, as well as the applicable national minimum wage and labor law provisions, including the Act on Combating Wage and Social Dumping (LSD-BG), the Minimum Wage Act (MiLoG), and comparable national regulations, in particular those aimed at combating undeclared work and illegal employment.

Compliance with the applicable national minimum wage and labor law regulations constitutes a fundamental obligation of the contractor. This applies in particular to:

a) Austria: compliance with the provisions of the Act on Combating Wage and Social Dumping (LSD-BG), particularly with regard to remuneration, reporting obligations, and the retention of records,

b) Germany: compliance with the provisions of the Minimum Wage Act (MiLoG) as well as the relevant provisions for combating undeclared work and illegal employment,

c) France: compliance with the applicable posting and minimum wage regulations, particularly in connection with the posting of drivers and the associated reporting and documentation obligations.

The contractor agrees to fully indemnify and hold harmless FERNFRACHT from and against all expenses, costs, claims, and demands, regardless of their legal basis, to the extent that they arise from a breach of this Agreement or from a failure to comply with statutory minimum wage provisions, including any regulations issued in connection therewith. This indemnification also covers administrative expenses as well as all legal representation and consulting costs.

Indemnification: Upon first request, the contractor shall indemnify FERNFRACHT against all claims made against FERNFRACHT in this connection by the contractor’s employees, the employees of its subcontractors, the employees of any further subcontractors, and any temporary staffing agencies.

Evidence: Upon request, the contractor must provide appropriate evidence that all employees employed by the contractor or its subcontractors have been paid the minimum wage in accordance with the applicable national minimum wage law. The contractor must ensure compliance with these obligations through appropriate contractual provisions with its subcontractors.

Right of extraordinary termination: If the contractor culpably violates its obligation to pay the minimum wage to its employees, FERNFRACHT shall have the right to terminate the contract immediately without notice. Any further claims (such as for damages or indemnification) remain unaffected by this provision.

Compliance with applicable EU sanctions regulations, particularly those related to Russia and Belarus, is required. Transport services commissioned by FERNFRACHT may not be carried out using vehicles, semi-trailers, trailers, or other means of transport registered in Russia or Belarus. Furthermore, road transport companies established in the European Union that are at least 25% owned by a Russian and/or Belarusian natural or legal person, organization, or entity are prohibited from transporting goods by road within the territory of the Union, including for transit purposes.

The contractor must ensure that these obligations are also complied with by any subcontractors or other third parties it engages. The contractor shall be fully liable for any irregularities or violations committed by its subcontractors. Upon request by FERNFRACHT, the contractor must, if necessary, provide appropriate evidence of compliance with the foregoing obligations.

26) EU-Mobility Package and Posting Regulations

The contractor warrants that it will comply with all applicable EU and national regulations relating to the European Mobility Package. This includes, in particular, regulations concerning notifications of posting, market access and cabotage, driving and rest periods, tachograph regulations, obligations to carry and present documents, application of the respective host country’s wage rates, and the use of the reporting and information systems provided for this purpose (in particular IMI).

The contractor further guarantees compliance with all applicable labor, social security, and wage regulations, in particular the Act on the Prevention of Wage and Social Security Dumping (LSD-BG) and comparable European provisions.

If FERNFRACHT is requested by a government agency to submit documents or provide information in connection with a transport operation carried out by the contractor, the contractor is obligated to provide the necessary information and documents without delay.

If FERNFRACHT is held liable by authorities or third parties due to the contractor’s breach of the foregoing obligations, the contractor shall fully indemnify and hold FERNFRACHT harmless.

27) Insurance

The contractor is required to maintain valid CMR insurance in accordance with Western standards, with a minimum coverage of EUR 365,000 per claim, including liability under Article 29 of the CMR.

Proof of valid and adequate insurance coverage must be submitted to FERNFRACHT unsolicited no later than the loading date. If such proof is not provided in a timely manner, FERNFRACHT is entitled to arrange for appropriate insurance coverage at the contractor’s expense. The premium incurred for this purpose amounts to 4 % of the agreed freight price, with a minimum of 40 EUR, and will be offset against any outstanding claims of the contractor. A subsequent refund of the collected insurance premium is excluded.

When performing cabotage transport, the contractor must ensure that the sum insured meets the minimum coverage requirements prescribed by law in the relevant country.

Any deductible shall be borne by the contractor. The contractor shall act as its own insurer.

28) Compliance and lawful conduct

The contractor agrees to comply with all legal regulations applicable to its business. This includes, in particular, provisions under labor law, social security law, environmental law, and competition law. Furthermore, the contractor undertakes not to tolerate or engage in any form of corruption, bribery, or other unfair business practices. The contractor shall ensure that no child labor or forced labor occurs within its company and that fundamental labor protection standards are observed.

The contractor must take appropriate measures to ensure that any subcontractors it engages also comply with the above principles.

29) Severability Clause

If any provision of these “Terms and Conditions“, or any part thereof, is or becomes invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of these “Terms and Conditions“. Any resulting gap in the contract shall be filled by supplementary interpretation, taking into account the interests of the parties.

30) Terms of Use for FERNFRACHT Plattform

The following provisions apply in addition to the use of the FERNFRACHT Plattform and form an integral part of these “General Terms and Conditions“. Available via link: https://fernfracht.at/agb/

31) Place of jurisdiction

Salzburg shall be the agreed place of jurisdiction.