General Terms and Conditions – Cargo
of Wisskirchen Handling Services GmbH
Valid from: 01.09.2015
Wisskirchen Handling Services GmbH, subsequently referred to as WHS, operates a cargo collection depot at its freight centre, where incoming and outgoing cargo is stored on behalf of airline companies (AC) and shipping companies.
2 Operating hours
The facility operates 24 hours every day. A special fee is charged for delivery of any goods outside of the opening hours of the customs office (after-hours handling).
3 Acceptance and storage
3.1. Incoming cargo is checked for any visible defects. If any defects are found, the shipment is indicated as “damaged” on the manifesto and the AC or the shipping company is informed about the damage. The deliverer and the WHS staff confirm the damage with their signatures. Any missing or excess quantities are documented in the same manner as damages.
3.2. After the incoming cargo has been unloaded from the planes or trucks and presented to the custom authorities, it is taken over by the WHS staff, who confirm that the cargo has been accepted in full and without defects as indicated on the manifesto, and has been stored in the collection depot.
3.3. WHS reserves the right to refuse acceptance of any air cargo until the corresponding manifestos or other suitable documents have been presented.
3.4. WHS is not responsible for informing the authorised recipients of the accepted goods, unless a separate contract for doing so has been closed.
3.5. In the event of a space shortage, WHS reserves the right to unload goods that were delivered by means of overland transport or to have them unloaded, and to place them outside, and to only transfer these goods into the collection depot as the required storage space becomes available and provided that such storage does not interfere with storage of any cargo that has arrived by air.
4 Special cargo shipments
4.1. WHS is not obliged to accept any goods that are not permitted for air transport or storage according to applicable legal and airfreight-specific regulations.
4.2. Where special rooms for specific goods (animals, valuables, human remains, radioactive substances and chilled goods) have been set up, these goods are stored in such rooms against extra charge (chilled goods only upon written application submitted by the carrier, indicating the required storage temperature). WHS is not obliged to accept the goods in the case of a lack of space in these special rooms.
5.1. Goods that are subject to customs supervision are only issued to the recipient or their representative, if a duly released certificate of transfer bearing a stamp and signature is presented. Community goods are issued upon presentation of a community goods certificate issued by the AC or its representative. The WHS template must be used for this purpose. A separate cargo release certificate must be presented for each shipment.
5.2. No identity check is carried out to verify the legitimacy of the authorisation to receive the goods, unless a separate contract for doing so has been closed.
6 Transport and storage fees
6.1. For its activities and the provision of the collection depot, WHS charges a transport fee based on a table of rates that is available for review at the collection depot and from the warehouse management. A special fee according to the public tariff becomes due for any deliveries that arrive by means of overland transport. This fee is charged to the airline or shipping company that delivers the goods, or on whose behalf they are delivered. WHS reserves the right to offset any counter claims. WHS is entitled to a right of retention and reserves the right to plead the defence of non-fulfilment of the contract. The contract partner is only entitled to refuse performance of the contract, if the counter claim is based on the same legal relationship. The contract partner is only entitled to offset any claims, if the counter claim is undisputed or has been legally established.
6.2. The cargo quantity based on which the transport fees are calculated is determined by WHS, based on the manifestos or accompanying documents.
6.3. Storage costs for the arrival day and the following day are included in the transport fee. If the following day is a Saturday, Sunday or public holiday, it is not taken into account for determining the storage fees.
6.4. After the end of the free storage period, storage fees are charged according to the published table of rates. Storage fees are charged directly to the recipient or their representative, on behalf of the airline or shipping company that delivers the goods.
6.5. Additional fees according to the published table of rates are due for storage of special shipments as indicated in paragraph 4. These are charged per started 24-hour period. Also in these cases, fees are charged directly to the recipient or their representative, on behalf of the airline or shipping company that delivers the goods.
7 General terms of payment
7.1. The fees according to the Wisskirchen price list are due upon take-over or delivery by the sender or the recipient. If invoices are issued based on a special arrangement, these are due upon receipt of the invoice. WHS reserves the right to refuse handing over goods, if the fees have not been paid. The deliverer remains responsible to WHS, for payment of the fees.
7.2. WHS provides special services as outlined in the “Wisskirchen price list for special services in the context of cargo handling and storage” that is available for download at www.wilog.de. A written order must be submitted before performance of the service. The WHS templates “Service Order” or “Delivery Note” must be used. The services are performed subject to availability of staff and / or equipment and under consideration of the traffic situation at the time.
8.1. When cargo is delivered, WHS asks the recipient or their representative to confirm the external intactness of the goods.
8.2. Within the framework of legal possibilities and subject to any special arrangements that may be in place, the following rules shall apply in the event of any culpable breaches of duty through WHS: For damage to and loss of luggage, air cargo (excluding live animals) and airmail, WHS shall only be liable subject to its insurance policy and up to the maximum insurance amount of EUR 1,000 K per damage event. For any other damage to persons, to the extent legally permissible, and material damage, liability shall be limited to the current insurance sum of EUR 100 million per damage event. Liability for financial losses that occur as a result of a violation of essential contractual duties shall be limited to WHS’s maximum insurance limit of EUR 250,000 per damage event. Liability is excluded in all other cases. Without prejudice to the foregoing, WHS’s liability in individual cases shall not be in excess of the airline company’s liability towards third parties.
9 Compliance with regulations
The applicable legal and official provisions, in particular custom and tax provisions and the terms of the “Airport User Regulations for Cologne/Bonn Airport” [available at www.koeln-bonn-airport.de, in the section “B2B”, “Terms, Conditions & fees”] in their respective latest version must be observed by the storing parties and the authorised recipients.
10 Individual arrangements, additions
Where any individual arrangements have been made, these shall take precedence (§ 305 b of the German Civil Code BGB). Any additions and amendments of these terms and conditions and their appendices must be made in writing. Invalidity of individual provisions does not annul the remaining terms and conditions. If individual provisions are invalid, the contracting parties are already in agreement, that negotiations shall be taken up, aiming to replace the invalid provision with a provision that comes as close as possible to the commercial goal intended by the parties with the original provision.
11 Applicable law, place of jurisdiction
Only the laws of the Federal Republic of Germany shall apply to the contract relationship that is formed between WHS and the airline company.
The place of performance is Cologne. Cologne shall be the sole place of jurisdiction, provided that the contract partner is a business person, a legal entity under public law or a special fund under public law. WHS reserves the right to also litigate against the contract partner at their place of general jurisdiction.