Terms & Conditions
Terms & Conditions
- Hubtic (“freight forwarder”) provides its services exclusively based on these terms and conditions and in addition to the German Freight Forwarders’ Standard Terms and Conditions 2017 (ADSp 2017).
- The client’s general terms and conditions will not be accepted under any circumstances, and their validity is already contradicted.
- The services offered by the freight forwarder are aimed exclusively at commercial customers.
- The client must register with a profile on the website or by telephone to place orders. This can be done during the ordering process or independently.
- Registration is only possible for companies. Consumers cannot register for the services of the freight forwarder.
- The freight forwarder will check registrations and reserves the right not to allow the creation of a user profile or to delete it.
3. Conclusion of contract
- The client can place an order using the appropriate form on the website or telephone. The client must provide their data, information about the place of collection, destination, date of dispatch, weight, and volume, and a detailed description of the goods to be dispatched.
- ENT REQUIRED)” at the end of the ordering process. Afterward, the client receives an order confirmation by email.
- The client must provide the information required for their verification by filling in the appropriate form on the website: Company name and address, legal form, VAT ID no. The freight forwarder will check this data and contact the client if necessary in case of queries. If the information provided by the client is correct and complete, the freight forwarder will confirm the verification performed to the client.
- The client may cancel bookings free of charge up to 48 hours before the agreed execution of the order. The freight forwarder may also make a cancellation free of charge up to 48 hours before the agreed execution of the order if they cannot assign a third party with the transport. For a cancellation, timely notification by email is sufficient.
- In the event of cancellation by one party from 48 hours before the earliest possible loading date up to 24 hours before the earliest possible loading date, the freight forwarder is entitled to a payment of one-third of the agreed freight charge.
- If the client cancels a booking within 24 hours before the earliest possible loading time, the freight forwarder shall charge 50% of the agreed freight. If the order is canceled 12 hours before the earliest possible loading date or if loading at the collection address does not occur, the freight forwarder will charge the client 100% of the agreed freight as compensation.
5. Termination by the freight forwarder
- The freight forwarder has the right to terminate the contract up to ten hours before its execution if (i) the client has provided incorrect information about facts that determine their solvency, (ii) the client has not provided all information required for verification or has provided incorrect information before the execution of the booking and facts exist which give rise to serious doubts about the existence of the client, the sender or the recipient, or (iii) facts exist which suggest fraudulent actions by the client or one of the parties involved in the execution. The cancellation can be made by email.
- The statutory rights of termination shall remain unaffected.
6. Goods excluded from shipment
The following are excluded from the shipment:
- goods whose possession and dispatch are prohibited;
If the client has any questions about the ability of goods to be sent, they can contact the freight forwarder’s customer service (see contact below).
7. Loading equipment exchange
- The client can book a chargeable exchange of loading equipment. Hubtic is not obliged to exchange loading equipment without an explicit order.
- The loading equipment is exchanged according to the following conditions: When booking, the type and number of loading equipment to be exchanged must be specified. When the goods to be transported are accepted, a corresponding number of empty loading equipment is handed over at the loading point. Delivery of the goods to be transported to the recipient is only carried out step-by-step against the delivery of a corresponding number of empty loading equipment. The client must ensure that sufficient empty loading equipment is available at the unloading point.
- If no or insufficient numbers of empty loading equipment are delivered to the loading point, the freight forwarder remains obliged to deliver. This shall not apply if no or an insufficient number of empty loading equipment has been handed over at the unloading point.
- If on delivery at the unloading point, no or an insufficient number of empty loading equipment is handed over, the client is obliged to pay damages to the freight forwarder after setting a deadline. This does not apply if no or an insufficient number of empty loading equipment has been delivered to the loading point.
- The damage to be compensated in accordance with no. 7.4 is calculated at 10.00 € per euro pallet, 5.00 € per Düsseldorf pallet and 85.00 € per pallet cage. The parties reserve the right to prove higher or lower damages.
8. Remuneration and reimbursement of expenses, demurrage
- For the organization of the transport, including the provision of ancillary services, the freight forwarder shall receive from the client a fixed remuneration in the amount of the prices shown in the order process.
- If the goods to be transported are subject to special expenses not foreseen at the time of the conclusion of the contract, the freight forwarder is entitled to claim compensation from the client for such expenses insofar as they were necessary. The freight forwarder must obtain the client’s instructions before incurring expenses unless this is not possible due to special circumstances.
- If additional costs result from incorrect information provided by the client regarding the transport (e.g., wrong transport date, wrong delivery address), the client shall bear the additional costs incurred.
- Manual order adjustments will be invoiced to the client in 25.00 € per adjustment.
- If the loading or unloading of the transport vehicle is not carried out within a reasonable period of time, the freight forwarder is entitled to payment of demurrage in accordance with § 412, para. 3 of the German Commercial Code. Two hours from the arrival of the transport vehicle at the place of loading or unloading shall be deemed a reasonable period of time for loading or unloading. Accrued standing times are to be paid at 45.00 €/hour. The rights according to § 417 HGB remain unaffected.
- If the freight forwarder uses their right of consolidated shipment (§ 460 of the German Commercial Code), the parties shall regard the agreed remuneration as reasonable remuneration.
9. Payment, prices, and invoicing
- The freight forwarder offers the payment method of bank transfer after invoicing.
- Payments are due 15 days after invoicing.
- If more than one invoice becomes due, the entire invoices become automatically due for payment. The statutory interest rate shall apply.
- All prices on the website are quoted in euro plus VAT.
- The freight forwarder shall send the client an invoice for the agreed remuneration in electronic form by email after completion of the transport.
- The client is only entitled to offsetting or retention if the counterclaim is due and undisputed, ready for decision, or legally binding.
10. Assignment of receivables
- The forwarder is entitled to assign the receivables arising from this business relationship. Any prohibition of assignment to the contrary is hereby expressly objected to. The forwarder invoices against certain customers have been assigned to BFS finance GmbH, Verl; this can be seen on the respective invoice. In this case, payments can only be made to BFS finance GmbH with a debt discharging effect. The bank details can be found in the note of the invoice.
11. Conclusion of execution contracts by the freight forwarder
- The freight forwarder is free to carry out the transport themselves by the legal regulations (self-contracting) or conclude the necessary execution contracts with third parties.
- If the freight forwarder concludes execution contracts (e.g., contract of carriage, contract of storage) with third parties, they shall inform the client of the names and addresses of the appointed third parties upon request of the client.
- The freight forwarder is free to choose the means of transport and any execution contracts to be concluded in this respect.
12. Transport processing
- The client shall hand over the goods intended for transport to the freight forwarder or to the third party commissioned by the freight forwarder to carry out the transport at the address and time specified in the transport order.
- Before handing over the goods to be transported, the client shall inform the freight forwarder about the condition and special features of the goods to be transported, which are necessary for their proper execution by the contract and the law. This includes information on the weight, type, number of items, extent, and weight of individual goods, packaging, and whether the goods are dangerous goods.
- The freight forwarder is entitled to carry out the shipment in consolidated consignments (§ 460 HGB).
13. Credit information
- For the purpose of credit assessment, the freight forwarder is entitled to obtain information on the client’s creditworthiness.
- To decide on the establishment, implementation, or termination of the contractual relationship, probability values are collected or used, the calculation of which includes address data.
- The freight forwarder is liable by the statutory provisions, subject to the limitations of liability provided for in the ADSp 2017. In para. 23, the ADSp 2017 deviates from the legal regulation of § 431 HGB with regard to the maximum amount of liability for damage to goods by limiting the liability for multimodal transports, including sea transport, to 2 SDR/kg and otherwise, the standard legal liability of 8.33 SDR/kg per claim to 1.25 million euro and per claim to 2.5 million euro, but at least 2 SDR/kg.
- Within the scope of application of the CMR, its liability rules remain in force.
- The freight forwarder has taken out a liability insurance policy and shall provide the client with confirmation of this upon request.
- The freight forwarder is only obliged to arrange for the insurance of the goods if they have been expressly instructed to do so by the client and at their expense. The order to conclude, transport insurance must be placed during the booking process.
16. Final provisions
The exclusive place of jurisdiction for all legal disputes arising from the contract between the freight forwarder and client is DE-40211 Düsseldorf. Within the scope of application of the CMR, this is a special jurisdiction.
- German law applies exclusively.
- If these GTC are partially ineffective, the remaining provisions shall remain unaffected. Instead of the invalid provision, the relevant statutory provisions shall apply.