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General terms and conditions

National and international regulations –

Part of all our freight contracts according to the CMR:

 

Combating illegal employment (GüKBillBG)

The aim of the Act to Combat Illegal Employment in Commercial Road Houlage is to prevent the deployment of illegally employed drivers from third countries at rock-bottom wages. This law thus helps maintain companies and jobs in the commercial road haulage sector.

In carrying out all forwarding and freight contracts, the contractor commits to strict compliance with the relevant legal standards. The following individual provisions specifically apply:

  1. You, as contractor, agree that you have all permissions and rights as it is written in the § 3,6 GüKG n.F. (permissions, eurolicence, third-country approvials, CEMT-approvial).

  2. You, as contractor, commit that you just work which foreign drivers which have all necessary approvals especially if they come from a third country. You have to equip all your drivers with an official certificate which is witnessed and also translated into the German language as the § 7b paragraph 1 sentence 2 GüKG n.F. says!

  3. You, as contractor, commit that you hand over your client all documents which you have to carry, if the client want to control them.

  4. You, as contractor, commit that you give all information to your drivers!

  5. You, as contractor, commit if you use another transport company, that all written duties above where kept into your contract with the third person. All conditions have to be committed reliable like it is in the § 7b GüKG n. F.!! You, as contractor, control your transport company that they keep all instructions and duties which you have!

  6. You, as contractor, commit if you get a fine because of wrong behaviour (points 1-5) – which is resulted by your company or your transport company – that you don`t take advantage of the client!

 

Anti-Wage and Social (LSD-BG) in Autria

Employees posted to Austria to perform work are entitled to at least the amount of remuneration that is due them in Austria pursuant to a statute, ordinance or collective agreement; this amount includes special payments, overtime and other supplements as well as allowances.

Undertakings that are established in an EU, an EEA Member State or in Switzerland are required to notify the Austrian Central Co-Ordinating Agency Charged with Investigating Illegal Employment of the posting or hiring out of workers before the start of work (when posting or hiring out mobile workers in the transport sector, prior to their entry to Austria) a number of formal requirements have to be met before.

For this reason, the contractor assure FERNFRACHT Gimmelsberger GmbH that with the effect from 1 January 2017 you will compliance the LSD-BG and pay your staff at least the Austrian minimum wage, as long as you do transport activities touching Austrian ground. In your capacity as contractor, you declare that you will take appropriate steps to ensure and monitor that further sub-contractors and rental firms also fulfil their obligations with regard to the Anti-Wage and Social Dumping Act (LSD-BG).

The contractor will provide evidence of fulfilment of these assurances on request. At the same time you also undertake to indemnify FERNFRACHT Gimmelsberger GmbH against all claims asserted by third parties in respect of the Anti-Wage and Social Dumping Act (LSD-BG). This provision further applies vis-á-vis claims made by social insurance providers and the tax authorities. You also declare that you indemnify FERNFRACHT Gimmelsberger GmbH against any fines imposed on us due to breaches of the LSD-BG.

Further information you will find at: www.entsendeplattform.at

 

Minimum Wage Act (MiLoG) – Germany

The Minimum Wage Act enters into force on 1 January 2015 and introduces more stringent liability rules with regard to the deployment of service and contractual partners (e.g. sub-contractors in the transportations sector).

Haulage companies which sub-contract work are responsible for ensuring that the providers they use pay their staff the statutory gross minimum wage, currently €8.84 per hour. If this duty is breached, the sub-contracting haulage company is required to act as a guarantor and is liable for back payment of social insurance contributions as well as possibly being subject to a fine. 

For this reason, the contractor assure Fernfracht Gimmelsberger GmbH that with the effect from 1 January 2015 you will pay your staff at least the statutory minimum wage in the amount of €8.84 gross per hour, as long as you do transport activities touching German ground. The Contractor further commit to make the relevant payment at the due date agreed with the employee and guarantee that payment will be received no later than the last banking day of the month following the month in which work was performed.

In your capacity as contractor, you declare that you will take appropriate steps to ensure and monitor that further sub-contractors and rental firms also fulfil their obligations with regard to the Minimum Wage Act.

The contractor will provide evidence of fulfilment of these assurances on request. At the same time you also undertake to indemnify Fernfracht Gimmelsberger GmbH against all claims asserted by third parties in respect of the Minimum Wage Act. This provision further applies vis-á-vis claims made by social insurance providers and the tax authorities. You also declare that you indemnify Fernfracht Gimmelsberger GmbH against any fines imposed on us due to breaches of the Minimum Wage Act.

 

Minimum wage (MiLOG) – Italy and France

Compliance with the legal national minimum requirements:

The contractor commits himself to comply with the relevant national regulations during the transport, such as the minimum wage, illegal employment, social security law and to meet all the requirements laid down.He shall ensure that these regulations are also followed by subcontractors and all subordinate subcontractors.

INDEMNITY: The contractor shall indemnify the client from all claims made against him.  In addition, the employee shall release his subcontractors and all further subordinate subcontractors and possible distributers from liability.  

INSTRUCTIONS: Upon request, the contractor shall provide appropriate evidence that all employees employed by him or his subcontractors are paid the minimum wage according to the national minimum wage law. The contractor shall ensure the fulfillment of these obligations by contractual arrangements with his subcontractors.

Special right of termination: If the contractor violates his obligations to pay the minimum wage to his employees, the client has the possibility to terminate the contract without notice. Any further claims (damages or exemption) shall remain unaffected.

 

Spending weekend rest in the truck

Among France and Belgium, where spending the weekend rest in the truck (cabin) is prohibited for longer time, Germany as well introduced such a ban by law. Since 25.05.2017 it is forbidden consewuently in Germany and both drivers and companies will be punsihed therefore.

The "regular" weekend rest drivers have to spend outside the truck. Additionally it's essential, that drivers make their weekend rest on a place with a suitable possibility to sleep (= accomodation, which is paid from the employer, for example hostel, motel, etc. or compareable, private accomodation with relatives, friends, etc.).

The "shortened" weekend rest drivers are allowed to spend inside the truck (cabin). We speak from "shortened" weekend rest if its more than 24 hours and less than 45 hours. The daily rest drivers are also allowed to spend inside the truck.

 

General terms and conditions for the use of Fernfracht Tracking App

§ 1. Rights of Use

(1) FERNFRACHT shall grant the user the necessary user rights for the intended use of the Fernfracht- Tracking App and related services, related documentation and written materials.

 

(2) The user is thereby granted a simple, non-transferable right of use for the app and any related documentation and written materials.

 

(3) The user may use the app provided only for its own business activities. Insofar as the user is allowed to have any third party which is not an employee of its company the user shall ensure that such third party is made subject to a duty of compliance.

 

(4) All rights to applications and related services as well as the related documentation, written materials and the user content shall remain with the original owner.

 

(5) FERNFRACHT may introduce new releases, versions, updates and upgrades for the app provided, and is entitled to issue new releases, version changes, updates or upgrades in order to be able to offer the latest developments. The user shall have no right to claim any such further development.

 

§ 2. Secrecy

 

(1) The user undertakes to treat as strictly confidential and not to pass on to any third party any information. Confidential information shall include all information which may have a negative impact on the competitive position of the information provider or cause other damage if it were to become known.

 

(2) The user must keep all such information strictly secret, use any information received from a provider only for the purpose in terms of the use of the app, and exercise the same care and confidentiality which it would otherwise use in relation to its own information in order to protect it from being passed on, published or distributed.

(3) In this regard the user shall employ reasonable security measures and inform its employees and agents of such and make them subject to corresponding obligations of confidentiality.

 

§ 3. System security

 

(1) The user undertakes not to manipulate the app and the functionality and not to introduce any material or data which could damage or steal other computer programs, computer systems, data or information.

 

(2) Information distributed to the user may be passed to third parties only with the prior written agreement of FERNFRACHT or its prior consent by e-mail. The above provision shall not apply to any information which can be viewed on the homepage without the use of a user ID or password.

 

§4. Conduct and Responsibility of the User

 

(1) The user is obligated to observe and comply with all local, national and international laws, regulations, provisions and customs duties.

 

(2) The user recognizes that the Fernfracht-Tracking App is not designed for, and may not be used for enabling illegal agreements among competitors.

 

(3) The user shall ensure that it shall, for example, observe all third party rights in relation to material used in the transmission or placing of user content.

 

(4) The user shall not use any applications, which are racist, discriminatory, pornographic, potentially damaging to minors, politically extreme or otherwise unlawful or against official regulations or requirements.

 

§5. Changes of the GTC, other Conditions and General Terms

 

(1) FERNFRACHT is entitled to make changes of the General Terms and Conditions and to the module descriptions as well as any other conditions and shall carry out such changes only if there is a good reason for doing so in particular because of new technical developments, changes in the law, and extensions to services or for other comparable reasons.

 

(2) FERNFRACHT shall inform the customer of any changes according to §5 section 1 by e-mail, letter or fax 14 days before such changes become effective. With the first action on app after notification of the changes and the latter becoming effective the customer shall be declaring its agreement and acceptance.

 

§6. Warranties and Disclaimers

(1) Other than as expressly set out in these AGB-terms or additional terms, neither Fernfracht make any specific promises about the Fernfracht-Tracking App. We do not make any commitments about the content within the services, the specific functions or their reliability and availability.

(2) When permitted by law, FERNFRACHT will not by responsible for lost profits, revenues, or data, financial losses or indirect or punitive damages.

§7. Miscellaneous

(1) The place of jurisdiction for any legal disputes shall be Salzburg. FERNFRACHT retains the right to sue in the general court of jurisdiction of the customer.

 

(2) The place of performance and execution shall be the registered office of FERNFRACHT (Salzburg, Austria).

 

(3) The law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).allowed to spend inside the truck. 

 

 

General terms and conditions for the use of Fernfracht Platform Service

§ 1. Rights of Use

(1) FERNFRACHT shall grant the user the necessary user rights for the intended use of FERNFRACHT PLATFORM SERVICE and related services, related documentation and written materials.

 

(2) The user is thereby granted a simple, non-transferable right of use for the platform and any related documentation and written materials.

 

(3) The user may use the platform provided only for its own business activities. Insofar as the user is allowed to have any third party which is not an employee of its company the user shall ensure that such third party is made subject to a duty of compliance.

 

(4) All rights to applications and related services as well as the related documentation, written materials and the user content shall remain with the original owner.

 

(5) FERNFRACHT may introduce new releases, versions, updates and upgrades for the platform provided, and is entitled to issue new releases, version changes, updates or upgrades in order to be able to offer the latest developments. The user shall have no right to claim any such further development.

 

§ 2. Secrecy

 

(1) The user undertakes to treat as strictly confidential and not to pass on to any third party any information. Confidential information shall include all information which may have a negative impact on the competitive position of the information provider or cause other damage if it were to become known.

 

(2) The user must keep all such information strictly secret, use any information received from a provider only for the purpose in terms of the use of the platform, and exercise the same care and confidentiality which it would otherwise use in relation to its own information in order to protect it from being passed on, published or distributed.

(3) In this regard the user shall employ reasonable security measures and inform its employees and agents of such and make them subject to corresponding obligations of confidentiality.

 

§ 3. System security

 

(1) The user undertakes not to manipulate the platform and the functionality and not to introduce any material or data which could damage or steal other computer programs, computer systems, data or information.

 

(2) Information distributed to the user may be passed to third parties only with the prior written agreement of FERNFRACHT or its prior consent by e-mail. The above provision shall not apply to any information which can be viewed on the homepage without the use of a user ID or password.

 

§4. Conduct and Responsibility of the User

 

(1) The user is obligated to observe and comply with all local, national and international laws, regulations, provisions and customs duties.

 

(2) The user recognizes that FERNFRACHT PLATFORM SERVICE is not designed for, and may not be used for enabling illegal agreements among competitors.

 

(3) The user shall ensure that it shall, for example, observe all third party rights in relation to material used in the transmission or placing of user content.

 

(4) The user shall not use any applications, which are racist, discriminatory, pornographic, potentially damaging to minors, politically extreme or otherwise unlawful or against official regulations or requirements.

 

§5. Changes of the GTC, other Conditions and General Terms

 

(1) FERNFRACHT is entitled to make changes of the General Terms and Conditions and to the module descriptions as well as any other conditions and shall carry out such changes only if there is a good reason for doing so in particular because of new technical developments, changes in the law, and extensions to services or for other comparable reasons.

 

(2) FERNFRACHT shall inform the customer of any changes according to §5 section 1 by e-mail, letter or fax 14 days before such changes become effective. With the first action on platform after notification of the changes and the latter becoming effective the customer shall be declaring its agreement and acceptance.

 

§6. Warranties and Disclaimers

 

(1) Other than as expressly set out in these AGB-terms or additional terms, neither FERNFRACHT make any specific promises about FERNFRACHT PLATFORM SERVICE. We do not make any commitments about the content within the services, the specific functions or their reliability and availability.

(2) When permitted by law, FERNFRACHT will not by responsible for lost profits, revenues, or data, financial losses or indirect or punitive damages.

§7. Miscellaneous

(1) The place of jurisdiction for any legal disputes shall be Salzburg. FERNFRACHT retains the right to sue in the general court of jurisdiction of the customer.

 

(2) The place of performance and execution shall be the registered office of FERNFRACHT (Salzburg, Austria).

 

(3) The law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

 

Data protection and security

FERNFRACHT undertakes to carry out the collection, processing and use of user data in accordance with the provisions of law. Under the terms of the service description, FERNFRACHT decides independently on the type and method of data processing to use for the implementation and execution of services.

If the user transmits personal data to FERNFRACHT, the user hereby declares its agreement with FERNFRACHT using data received from the business relationships for its own purposes or having regard to the applicable provisions of data protection law and the user further agrees that such data may be processed for the purposes of contract. All data shall be collected, processed and used only for the purposes of the carrying out of the assigned duties.

 

The user will ensure that the data entered by him and his users may be transmitted. Both the user and FERNFRACHT will inform users as to the intended purpose and recipients of the data, if the use relates to their data.

 

The user agrees that contact information made available by the user may be processed and used for the purpose of carrying out and promoting the business relationship between the user and FERNFRACHT. This purpose relates exclusively to the storing and use of the user data for communication.

 

In terms of the technically-recognized possibilities for similar services, FERNFRACHT endeavors to provide secure transmission routes. The user is aware that a third party can illegally intercept and evaluate data transmitted by the user outside of the area of responsibility of FERNFRACHT. The user shall keep the user ID and password provided to it secret and shall allow access to such only by authorized person.

In accordance with the recognized rules of technology, FERNFRACHT shall ensure that only a carrier authorized by the shipper shall have access to its freight orders.

 

The user undertakes not to allow any third party access to the FERNFRACHT platform and not to pass on any confidential data such as a user ID, password as well as any company information or order information. A third party in terms of these provisions shall not include a person within the company of the user or any third party instructed to act for it in relation to the performance.