These are the terms and conditions 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 Carriage
|
Eurotunnel’s Conditions of Carriage available on the Eurotunnel website or upon request.
|
Eurotunnel
|
together, The Channel Tunnel Group Limited incorporated and registered in England and Wales with company number 01811435 and whose registered office is at UK Terminal Ashford Road, Folkestone, Kent, CT18 8XX and France Manche SA with company number 333286714 whose principal address is 37-39, rue de la Bienfaisance, 75008 PARIS, France, Eurotunnel SE with company number 0880.472.859, whose principal place of business is at Avenue Louise 65, 1050 Brussels, Belgium and/or any other company within the Eurotunnel group of companies acting as a distributor.
|
Freight Operator
|
any person, firm or company who operates an account with Eurotunnel for the transport of Vehicles and Passengers through the Tunnel.
|
Means of Travel
|
all the methods by which the Freight Operator can book with Eurotunnel to travel through the Tunnel, namely;
·RapidService Pass(es) (“RSPs”): a non-transferable pass showing the Vehicle’s registration number;
·internet bookings made on Eurotunnel’s website;
·the list of Vehicle registration numbers provided by the Freight Operator to Eurotunnel; and
·ticket, a non-transferable title of transport given to the Freight Operator for travel through the Tunnel.
|
Passenger or Passengers
|
any person over the age of 12 traveling in a Vehicle. No person under the age of 12 will be accepted for travel through the Tunnel in a Vehicle.
|
Sub-Contractor
|
a permitted operator carrying out transport services in the name and on behalf of the Freight Operator.
|
Tunnel
|
the Channel Tunnel link as defined in the Treaty of Canterbury dated 12th February 1986.
|
Authorised Vehicle(s)
|
any vehicle which is used for the carriage of Commercial Goods through the Tunnel and which is compliant with the following description :
·does not exceed the maximum dimensions: length 19.40 metres; height 4.20 metres; width 2.6 metres (including wing mirrors); weight 44 tons, and travelling on the Freight Operator account and carrying no more than five Passengers (unless otherwise agreed by Eurotunnel in advance of travel);
·is not fitted with an LPG or equivalent flammable gas tank or dual powered vehicles (i.e. vehicles fitted with an LPG or equivalent tank as an alternative fuel), whether or not the LPG or equivalent tank is empty or the LPG or equivalent mode of the vehicles is not selected.
|
2. TERMS AND CONDITIONS
These Terms and Conditions shall apply on each crossing on the Freight Operator’s account.
The Freight Operator shall ensure that:
2.1. all of its servants, agents, Sub-contractors and anyone travelling on the Freight Operator’s account comply at all times with these terms and conditions, the Conditions of Carriage and the conditions of use for the Means of Travel; and
2.2 all of its servants, agents, Sub-contractors and anyone travelling on the Freight Operator’s account are at all times aware of these terms and conditions, the Conditions of Carriage and the conditions of use for the Means of Travel..
3. LIABILITY
3.1 Eurotunnel's Conditions of Carriage apply to the carriage of all Vehicles and Passengers. Copies of the Conditions of Carriage are available on the Eurotunnel website and upon request by post from the Freight Commercial Department, PO Box 2000, Folkestone, Kent, CT18 8XY. These conditions include certain exclusions of liability, and should be read by the Freight Operator and all Passengers before travel. It is the Freight Operator’s responsibility to notify all Passengers traveling on the Freight Operator’s account that the Conditions of Carriage apply to their travel through the Tunnel. The Freight Operator will fully indemnify Eurotunnel against any costs, loss, liability or expense arising out of or otherwise in connection with the failure by the Freight Operator to make such notifications or from the failure by any Passengers and any other user of the Freight Operator's account to comply with the Conditions of Carriage.
3.2 The Freight Operator is fully liable for the actions of all its servants, agents and Subcontractors who travel through the Tunnel on the Freight Operator’s account.
3.3 Eurotunnel reserves the right to claim financial compensation from the Freight Operator for operational delays and consequential loss suffered by Eurotunnel caused by the Freight Operator or anyone traveling on the Freight Operator’s account.
3.4 The Freight Operator will indemnify Eurotunnel against all costs, loss, expenses, claims and liability:
3.3.1 caused by the negligence, or arising out of or otherwise in connection with such claims, of the Freight Operator, its servants, agents or Sub-contractors and any Vehicle or Passenger;
3.3.2 arising out of or otherwise in connection with the breakdown of a Vehicle in the Tunnel or anywhere on Eurotunnel’s premises;
3.3.3 including those arising out of or in connection with claims made by third parties arising out of or otherwise in connection with:
a. defects in or inadequacy or overloading of a Vehicle or defects in or the hazardous nature or inadequacy of any Commercial Goods carried by a Vehicle; and/or
b. improper packing or loading of Commercial Goods on or in a Vehicle; and
3.3.4 incurred by Eurotunnel if any Passenger or Vehicle is refused entry to the Tunnel, or whose entry is unlawful for any reason whatsoever.
3.5 Eurotunnel will not be liable to the Freight Operator for any costs, loss, liability or expense arising out of or otherwise in connection with any delay or interruption incurred by a Vehicle traveling through the Tunnel as Eurotunnel does not give confirmed space reservations.
3.6 Eurotunnel will not be liable to the Freight Operator for any costs, loss, liability or expense arising out of or otherwise in connection with any delay or interruption (for whatever reason) of the operation of the Eurotunnel freight service.
3.7 Eurotunnel reserves the right to request an inspection and/or search of any Vehicle to examine, remove and/or repack or otherwise handle the contents of any part of the Vehicle if in Eurotunnel’s reasonable opinion and in its sole discretion, it is desirable to do so. Eurotunnel shall not be liable for any costs, loss, damage, mis-delivery or delay arising out of or otherwise in connection with such actions.
3.8 The Freight Operator will be liable for the proper use of all Means of Travel it acquires.
4. USE OF THE SYSTEM
4.1 To travel, the driver of a Vehicle must produce either: an RSP; a ticket or a valid booking reference at check-in.
4.2 RSPs are issued subject to their own terms and conditions of use (a copy of which is available from Eurotunnel customer services upon request).
4.3 The Freight Operator is responsible for the safe keeping of all RSPs, tickets, booking references and shall ensure their proper use.
4.4 The Freight Operator warrants that Commercial Goods carried by Vehicles satisfy all applicable rules, laws and regulations in both France and the United Kingdom and will indemnify Eurotunnel against all costs, loss, liability or expenses arising out of or otherwise in connection with such Commercial Goods not satisfying any of the same. Dangerous Goods will only be carried subject to and in accordance with the version of Eurotunnel’s policy in respect of the same that is in force at the date of travel. Copies are available on request from the Freight Commercial Department, PO Box 2000, Folkestone, Kent, CT18 8XX..
4.5 Eurotunnel reserves the right to carry out any checks which are, in the opinion of Eurotunnel, reasonably necessary to avoid any misuse of the RSP, tickets and booking references. The Freight Operator undertakes to cooperate fully with all reasonable requests of Eurotunnel in this respect and to produce all documentation that Eurotunnel requests.
4.6 Eurotunnel reserves the right to refuse Vehicles and their Passengers the right to travel through the Tunnel if they do not comply with these terms and conditions, the Conditions of Carriage and/or if Eurotunnel reasonably believes their RSP, ticket or booking reference has been obtained by fraudulent means and/or in violation of these terms and conditions.
4.7 Eurotunnel reserves the right to request the drivers and Passengers of the Vehicles for certain documentation e.g. driving licences, proof of Vehicle ownership and any other Vehicle/Passenger related documentation that may be required for the Vehicle and Passengers when travelling through the Tunnel. The driver of the Vehicle and Passengers shall produce all such documentation upon the reasonable request of Eurotunnel, any failure to do so may result in Eurotunnel refusing the Vehicle and Passengers travel.
4.8 The Conditions of Carriage set out Eurotunnel’s policy regarding the carriage of Dangerous Goods. Eurotunnel reserves the right to refuse travel to any Vehicle found carrying Dangerous Goods which have not been declared in accordance with Eurotunnel’s policy. Eurotunnel also reserves the right to close the Freight Operator’s account if the Freight Operator, servant, agent, Sub-contractor or Vehicle is found travelling without having followed Eurotunnel’s policy on Dangerous Goods.
4.9 Eurotunnel may, acting reasonably, but in its sole discretion, refuse travel through the Tunnel to the Freight Operator, its servants, agents or Sub-contractors at any time and for any reason (including but not limited to failing to declare all Passengers) for the duration of this agreement without Eurotunnel incurring any liability to the Freight Operator.
4.10 The Freight Operator shall ensure that no person under the age of 12 shall travel in or with a Vehicle through the Tunnel.
5 CONFIDENTIALITY
The Freight Operator will at all times (both during and after the term of this agreement) keep confidential all information relating to this agreement or the activities of Eurotunnel as may come to its knowledge and will not without the prior written consent of Eurotunnel disclose the same to any person (except those of its employees whose duties cannot be fulfilled without such disclosure). This restriction will continue to apply without limitation in time unless and until such information comes into the public domain otherwise than through the default of the Freight Operator.
6 ENTIRE AGREEMENT
Each of the parties confirms that this agreement, the Covering Letter and the Conditions of Carriage set out the entire agreement and understanding between the parties in relation to the subject matter of this agreement, 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, the Covering Letter or the Conditions of Carriage 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. The terms and conditions of this agreement will prevail over any standard terms and conditions which might otherwise apply.
7 SEVERABILITY
If any part, term or provision of this agreement shall be held illegal void or unenforceable, it will be deleted and the parties will forthwith meet to agree a valid and enforceable substitute provision and the remaining provisions of this agreement shall continue in full force and effect.
8 AMENDMENT
Eurotunnel may at any time and for any reason vary all or any part of this agreement by giving the Freight Operator not less than thirty (30) days’ notice .
9 WAIVER
Failure by Eurotunnel at any time to enforce the provisions of this agreement shall not be construed as a waiver of any of its rights nor affect the validity of the agreement nor prejudice any subsequent action taken by Eurotunnel.
10 FORCE MAJEURE
Eurotunnel shall have no liability to the Freight Operator under these terms and conditions if is it prevented from, or delayed in performing, its obligations under these terms and conditions or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Eurotunnel or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
11 GOVERNING LAW AND JURISDICTION
This agreement will be governed by and construed in accordance with English law and both parties irrevocably submit to the jurisdiction of the English courts and the English language version of this agreement will prevail. With respect to matters of liability, the Governing Law and Jurisdiction clause shall be as set out in the Conditions of Carriage..
COMM/0167/2