The First Freight priority service (“First”) is only available for Freight Customers who already have a Eurotunnel freight account. This account is opened after acceptance of the Freight Operator Agreement, the Covering letter and all provisions referred to in these documents.
The provisions of the Freight Operator Agreement, the Covering Letter and the Conditions of Carriage apply to the First service, except for the provisions set out in these Special Conditions.
These Special Conditions may be amended from time to time by Eurotunnel without notice.
DEFINITIONS
“First” the priority service available to Freight account customers, which includes benefits mentioned in the Addendum First service.
“First Charge” the additional non-refundable fixed fee for the First Freight Priority Service communicated to the Freight Operator and set out in the Addendum which shall apply to all crossings under the Freight Operator Agreement
1. AVAILABILITY 1.1. Any refusal of Carriage by Eurotunnel of the Freight Operator shall not give rise to any entitlement to reimbursement or compensation.
1.2. Eurotunnel will, so far as reasonably practicable, permit the Freight Operator’s vehicles to travel First to the extent that is within the Capacity Allowance for each Day.
1.3. Eurotunnel may at any time (acting reasonably but at its sole discretion) either suspend or withdraw the services associated with the First Freight Priority Service without prior notice. If the First service is suspended, the First Charge shall not apply to crossings made in accordance with the Freight Operator Agreement.
2. INVOICING AND PAYMENT 2.1. The First Charge as set out in the Addendum will apply to each crossing made in accordance with the Freight Operator Agreement and will be combined with the Freight Rate for each crossing on each invoice, until such time as membership of First is terminated in accordance with these Special Conditions.
2.2. The First Charge is set out in the Addendum and is subject to review. Any changes to the First Charge will be notified in advance to the Freight Operator. A new Addendum will be sent by email, detailing any applicable new First Charge and the effective date. In the event that any revised First Charge is not accepted, the subscription shall terminate at the end of the current subscription term.
3. TERM AND TERMINATION 3.1. Membership of First is subject to a minimum subscription period of one month, and shall automatically renew for further period of one month at the end of each successive month unless and until terminated in accordance with these Special Conditions.
3.2. During any subsequent renewal term, the Special Conditions applicable to the First service shall remain in effect.
3.3. The Freight Operator may terminate its membership of the First service for any reason by giving not less than 5 day’s prior notice to Eurotunnel in writing or by email to freight@eurotunnel.com
3.4. Termination of the First Freight Priority Service by either party shall not affect the Freight Operator Agreement. The provisions of the Freight Operator Agreement shall continue in full force and effect.
[COMM/0299/1- February 9, 2023]