These are the terms and conditions which apply to all crossings made by a freight customer who has purchased a ticket from a Eurotunnel Distributor. They, in addition to Eurotunnel’s Conditions of Carriage, shall apply until they are amended from time to time by Eurotunnel.
1 DEFINITIONS
The definitions in Eurotunnel’s Conditions of Carriage apply equally to these terms and conditions.
Conditions of CarriageEurotunnel’s Conditions of Carriage available on the Eurotunnel website (www.eurotunnelfreight.com) or upon request from Eurotunnel.
Freight Customerany person, firm or company who has purchased a ticket from a Eurotunnel Distributor for the transport of Commercial Vehicles through the Fixed Link.
Agreementmeans the contract created between Eurotunnel and the Freight Customer who has purchased a ticket from a Eurotunnel Distributor, incorporating these Terms and Conditions and the Conditions of Carriage.
2 REQUIREMENTS FOR TRAVEL
2.1 To travel the Freight Customer must comply with (and ensure the driver, Passengers and the Commercial Vehicles complies with) Eurotunnel’s published requirements.
2.2 LPG or equivalent flammable gas tank or dual powered vehicles (i.e. vehicles fitted with an LPG or equivalent tank as an alternative fuel) cannot be accepted for transport by Eurotunnel Le Shuttle, whether or not the LPG or equivalent tank is empty or the LPG or equivalent mode of the vehicle is not selected.
2.3 For the Commercial Vehicle to be entitled to the benefit of the Agreement the driver will be required to provide certain documentation and fulfill certain requirements as notified by Eurotunnel to the Freight Customer from time to time.
2.4 The Freight Customer shall ensure that no person under the age of 12 shall travel in or with a Commercial Vehicle through the Fixed Link.
2.5 The Freight Customer shall ensure its employees, servants and agents, drivers and subcontractors and all Passengers are aware of, are subject to, and comply with the Agreement (including these terms and conditions and the Conditions of Carriage). The Freight Customer will ensure that Eurotunnel can enforce the provisions of the Agreement directly against such people.
2.6 The Freight Customer shall (and shall ensure its servants, agents, subcontractors, Commercial Vehicles, drivers and Passengers shall) in their use of and access to the Fixed Link act with reasonable skill and care.
3 GENERAL
3.1 The Conditions of Carriage are incorporated into and form part of the Agreement. If there is any conflict or ambiguity between these terms and conditions and the Conditions of Carriage these terms and conditions shall prevail.
3.2 Each of the parties confirms that this Agreement sets out the entire agreement between the parties, that it has not entered into this agreement in reliance upon any representation, warranty or undertaking of the other party which is not set out or referred to in this Agreement and that this Agreement supersedes all previous proposals, agreements and other communications, whether written, oral or otherwise relating to the subject matter of this agreement.
3.3 Failure by Eurotunnel at any time to enforce the provisions of these terms and conditions shall not be construed as a waiver of any of its rights nor affect the validity of them nor prejudice any subsequent action taken by Eurotunnel.
3.4 The rights and obligations of the Freight Customer under the ticket and these terms and conditions may not be assigned without the prior written consent of Eurotunnel.
3.5 A person who is not a party to the agreement created by the ticket and these terms and conditions shall not be entitled to enforce any right under them.
4 GOVERNING LAW AND JURISDICTION
4.1 The agreement created by the ticket and these terms and conditions (and any issues, disputes or claims arising out of or in connection with it, whether contractual or non-contractual in nature such as claims in tort, from breach of statute or regulation or otherwise) shall be governed by and construed in accordance with English law.
4.2 Subject to Clause 4.3 below all disputes or claims arising out of or relating to the agreement created by the ticket and these terms and conditions shall be subject to the exclusive jurisdiction of the English courts to which the parties irrevocably submit.
4.3 Eurotunnel may at its discretion submit a dispute or claim to any court (including the court of the jurisdiction where the Freight Customer is established or has its assets).
COMM/0183/3