UNACC

UNACC Terms and conditions

1.            Definitions

“Carriage” means the towing of the Trailers within France or the United Kingdom and their subsequent carriage on board the Shuttles via the Channel Tunnel.

"Competent Authority" means any national or international entity, body or organisation with the power to make Regulations relating to the operation of the Channel Tunnel.

"Customer" means the party ordering the Carriage in any capacity including, as the context requires, the account holder, the person booking the Carriage, the person or entity operating, owning or leasing the Trailer, the freight forwarder, and/or any person or entity having an interest in the Trailer and/or the Goods.

"CMR" means the Convention on the Contract for the International Carriage of Goods by Road, known as "CMR", concluded in Geneva on 19 May 1956.

"SDR" means the Special Drawing Right as defined at any time by the International Monetary Fund.

"Eurotunnel" means The Channel Tunnel Group Limited and France-Manche S.A. and their successors, acting under a joint venture agreement as concessionaires and operators of the Channel Tunnel pursuant to a concession dated 14 March 1986 granted by the French and British Governments.

"Force Majeure" means any situation recognised as such by case law or beyond the reasonable control of Eurotunnel, including but not limited to acts of God, adverse weather conditions, fire, flood, riot, armed conflict, acts of terrorism, civil commotion, unauthorised intrusion, action by Government or other Competent Authority, national emergencies, third party strikes, lockouts or industrial action, electrical or mechanical failure (howsoever caused)

"Goods" means any article, object, sample, tool, product, substance or material, intended to be sold, resold, delivered, transferred, or incorporated into other goods in the Trailer and designated on the CMR consignment note.

"Dangerous Goods" means any product, substance, material, article or object which is likely to present a significant risk to health, safety, property or the environment and which is classified under the Agreement concerning the International Carriage of Dangerous Goods by Road, known as the "ADR Agreement", or any other Regulations in force, either by Eurotunnel or by the Competent Authorities, and/or specific provisions under international treaties, duly ratified by France and/or the United Kingdom

"Shuttle" means Eurotunnel's railway rolling stock consisting of locomotives and wagons.

"Regulations" means these terms and conditions, any legislation, regulation, rule, procedure, policy or guidance issued by any Competent Authority, including Eurotunnel, in relation to carriage through the Channel Tunnel.

"Trailer" means any vehicle owned, leased or operated by the Customer which is intended to be coupled to a land motor vehicle and to carry Goods. This term includes semi-trailers.

"Channel Tunnel" means the fixed link as defined in the Treaty of Canterbury between the United Kingdom and France signed on 12 February 1986.

"UNACC" means the Channel Tunnel unaccompanied trailer transit service provided by Eurotunnel.

"Tractor Vehicle" means any motorised land vehicle, whether owned by Eurotunnel or its sub-contractor or leased by Eurotunnel, intended to tow one or more Trailers on private or public roads.

Words expressing the singular should also be understood in the plural and vice versa when the context requires it.

2.            Perimeter

2.1         The CMR and, in addition, these T&Cs apply to the carriage of Trailers from the time they are handed over to Eurotunnel by the Customer in France or the United Kingdom until they are delivered to the Customer in the United Kingdom or France, including the towing of such Trailers on a public or private road, their loading and carriage on board the Shuttles and their unloading.

2.3         Terms, warranties and conditions which are not imposed by the CMR or defined in these T&Cs are excluded to the extent permitted by law.

2.4         By signing the T&Cs or by opening an account, the Customer confirms that he accepts the whole of them and warrants that they have been notified to all persons having an interest in the Trailer, the Goods, that they have read and accepted them, and that they must comply with these T&Cs. The Customer warrants that he has done so.

3.            Carriage

3.1          Eurotunnel shall carry the Customer's Trailer by Tractor Vehicle from the Eurotunnel or Customer's nominated car park in France or the UK at which the Customer delivers the Trailer to Eurotunnel to the Shuttle departure terminal, then load the Trailer onto the Shuttle for transport through the Channel Tunnel, unload and tow the Trailer to the car park designated by the Parties on the other side of the Channel where it will deliver the Trailer to the Customer, provided that:

3.1.1      the Carriage is authorised under the Regulations and is not prevented by Force Majeure;

3.1.2      the Customer shall comply with these T&Cs and shall not act in a manner likely to endanger any person or property or pose a threat to the Carriage;

3.1.3      the Trailer is in good working order and is accepted by Eurotunnel.

3.2          The Customer shall hand over to Eurotunnel a Trailer which has been loaded, closed and, where applicable sealed, without Eurotunnel being present so that Eurotunnel has no reasonable means of checking the number, marks and condition of the packaging or Goods loaded and stowed in the Trailer. Eurotunnel cannot be held responsible for the information contained in the CMR consignment note in this respect.

3.3         The Customer shall deliver to Eurotunnel a trailer which complies with the Regulations and which takes into account the nature of the Goods and/or the customs regime (for example by correctly positioning a TIR cable around the trailer if it is loaded). In the event of non-compliance, any sums demanded by the Authorities in breach of the Regulations, such as fines, will be payable by the Customer.

3.4         Once the Customer, its agents or sub-contractors have dropped the Trailer, they shall contact Eurotunnel as soon as possible to inspect the condition of the Trailer. The Customer, its employees or sub-contractors must remain on site until the condition report has been completed. In the event of the dropped Trailer not being compliant or the condition of the Trailer not having been ascertained, Eurotunnel reserves the right not to transport the Trailer without compensation to the Customer.3.5

3.5          The Customer shall be responsible for the uncoupling of the Trailer from the towing vehicle prior to the Carriage and for the recoupling of the Trailer to the towing vehicle after the Carriage, including the unlocking and locking of the fastening devices, as well as the necessary adjustments for the further transport operations.

3.6         Eurotunnel will load the Trailer onto the Shuttle and unload it.

3.7          The Customer shall take delivery of the Trailer without delay as soon as it is made available by Eurotunnel in the designated car park after being transported on the Shuttle. Eurotunnel shall be entitled to claim compensation from the Customer for the parking of the Trailer in the Eurotunnel car park across the Channel if the Customer fails to take delivery of the Trailer immediately after it has been made available, even if the Customer is not at fault.

3.8          Eurotunnel accepts :

3.8.1      to carry out the Carriage in a diligent and competent manner in accordance with the Regulations;

3.8.2      use reasonable endeavours not to cause any loss or damage to the Trailer and/or the Goods contained therein;

3.9          If the Carriage is delayed, suspended or cancelled for any reason such that Carriage is, at Eurotunnel's discretion, not possible within a reasonable time, Eurotunnel shall inform the Customer and may, at its sole discretion and at its own expense :

3.9.1      arrange for the Customer's Trailer to travel to or from Calais or Dover (as the case may be) with another cross-Channel transport operator; or

3.9.2      cancel the Contract of Carriage and refund the price to the Customer; or

3.9.3      allow the Customer to cancel the Contract of Carriage and make a new booking at a time of their choosing within the price limit of the previous Contract of Carriage. Customers who do not accept such an offer will be reimbursed in accordance with Article 3.7.2.

3.8 If the collection of a Trailer is delayed or cancelled by the Customer, Eurotunnel reserves the right to claim compensation corresponding to the agreement stated in the cover letter.

4.            Customs, police, safety, security

4.1          The Customer shall comply with all Safety and Security Regulations in force at any given time.

4.2          The Customer shall ensure that :

4.2.1      The trailer can be handled safely during transport;

4.2.2      the Trailer and the Goods contained therein are free from infestation of any kind and from contamination from any cause;

4.2.3      the Goods are properly loaded and secured inside the Trailer.

4.3         The Customer shall provide Eurotunnel with all documents and information necessary for the carriage of the Trailer and the Goods contained therein, the crossing of the border between France and the United Kingdom, the clearance of the Goods through customs, the physical movement of the Goods under a transit permit or the placing of the Goods under a special regime. Eurotunnel has no obligation to verify the content or accuracy of any documents or information provided by the Customer. In any event, the Customer is responsible for all customs formalities required in connection with the movement of the Goods. It is the Customer's responsibility to appoint any registered customs representative to carry out customs formalities on its behalf.

4.4          In the event that an inspection of the Goods is required by the authorities, the Customer authorises Eurotunnel or any Eurotunnel subcontractor to open the trailer so that the inspection can be carried out.

4.5          If customs decide to detain the Trailer or Goods for any failure to comply with customs regulations, then the Client shall be responsible for all costs or additional costs incurred by Eurotunnel or any third party operating the Tractor Vehicle in order to complete the carriage.

5.            Carriage of hazardous goods and hazardous articles

5.1          The carriage of Dangerous Goods and Hazardous Articles is subject to the provisions of Eurotunnel's Dangerous Goods Policy available at https://www.eurotunnel.com and www.eurotunnelfreight.com.

5.2         On Freight Shuttles, the carriage of Dangerous Goods is limited and subject to prior declaration as described in the above policy. The carriage of hazardous goods and hazardous articles is also restricted.

5.3         In the event of a breach of this policy by the Customer, the Customer shall indemnify Eurotunnel for :

5.3.1      any loss or damage suffered by Eurotunnel; and

5.3.2      any liability which Eurotunnel may incur to third parties.

5.4          Eurotunnel shall have    no liability to the Customer for any failure by any Customer to comply with Eurotunnel's policy on the carriage of Dangerous Goods.

6.            Carriage of animals

The Carriage of Animals is prohibited on Shuttles intended for freight transport.

7.            Carriage exclusions

Eurotunnel may refuse carriage to a Customer who fails to comply with these T&Cs and reserves the right to discontinue carriage if all safety and performance requirements are not met, without the Customer being entitled to any compensation, in particular if:

7.1         Trailers do not comply with the Regulations applicable to their category (including dimensions);

7.2         Trailers which, in the opinion of Eurotunnel, pose a threat to the safety or security of persons or the Channel Tunnel, or which are in a condition which may cause delay or otherwise hinder carriage;

7.3          Trailers carry Goods which appear to be improperly stowed, or improperly packaged or which have been found to be non-conforming during a pre-embarkation inspection or check on the Shuttles.

8.            Price - Payment Conditions

8.1         The Customer shall pay for the use of the UNACC service at the rate and in the currency stated in the Cover Letter. Eurotunnel shall be entitled to charge the Customer an additional fee, in accordance with its current tariffs, should the relevant customs authorities impose a documentary and/or Goods inspection not provided for in Eurotunnel's quotation for the Carriage, which Eurotunnel shall be obliged to carry out on the Customer's behalf.

Eurotunnel will invoice the Customer on a weekly basis or as otherwise agreed in writing between the parties. Invoices will be issued for journeys made on the Customer's account during the period stated on the invoice. In the event of payment by SEPA direct debit, the invoice sent to the Customer shall constitute prior notification. The direct debit will be made from the due date indicated on the invoice.

8.2          The Customer shall pay the amount of each invoice within fifteen  (15) clear days of the date of the invoice. Unless otherwise agreed in writing, payment shall be made by direct debit or by electronic funds transfer to the credit of Eurotunnel's account as notified to the Customer by Eurotunnel. Any queries relating to invoices must be addressed to Eurotunnel within fourteen (14) days of the date of the invoice failing which the amounts shown on the invoice shall be deemed to have been accepted.

8.3         In the event of late payment, the Customer shall be liable to pay interest on the amount due at the legal rate increased by 7 points from the due date of the term stipulated above, and without the need for a formal notice. Customer shall pay to Eurotunnel an indemnity of £40 or £1,000 depending on the applicable law and the amount of the debt. Eurotunnel shall have the right to claim damages, to accelerate all other sums due from the Customer in respect of deferred payment and not yet due or to cancel any outstanding reservations.

8.4         Eurotunnel may suspend the services associated with a Customer's account at any time (reasonably and in its absolute discretion).

8.5         The unilateral offsetting of the amount of the damage claimed by the Customer against the price of the Carriage is prohibited.

9.            Liability - Claims - Limitation Period

9.1          The conditions of Eurotunnel's and/or the Customer's liability are set out in the CMR. The same shall apply to the grounds for relief or limitation of liability available to Eurotunnel.

9.2         Eurotunnel shall not be liable for any damage to the Customer's Trailer unless the Customer proves that such damage was caused by Eurotunnel’s negligence or the negligence of the Carrier.

9.3          The Customer shall mitigate as far as possible any damage or loss to the Trailer and/or the Goods.

9.4         The Customer shall be liable for any loss or damage to Eurotunnel's property and/or the property of third parties in Eurotunnel's terminals or during the carriage caused by the Trailer and/or the Goods contained therein, or by failure to comply with any Regulations. The Customer shall indemnify and hold Eurotunnel harmless in respect of any such damage.

9.5          Eurotunnel shall in no circumstances be liable for any failure to comply with customs formalities, except failure to present to the customs authorities any documents provided by the Customer.

9.6          In any event, the Customer shall indemnify and hold harmless Eurotunnel against any claim by the relevant customs authorities and/or any third party in respect of the clearance or inspection of the Goods by such customs authorities.

10.         lien and right of retention

10.1       Eurotunnel shall notify the Customer of the exercise of the right of retention. If Eurotunnel's claim is not paid by the Customer within twenty-eight (28) days of the exercise of the lien, the Trailer and/or the Goods subject to the lien may be sold. The proceeds of the sale shall be applied by Eurotunnel to the repayment of the sums due and the charges relating to the exercise of the lien and the right of retention. Any surplus shall be credited to the Customer.

10.2       In the event of an incident involving a Trailer, Eurotunnel reserves the right to detain the Trailer concerned while the causes of the incident are determined.

11.         personal data protection

Eurotunnel processes personal data in accordance with the French Loi Informatique et Libertés of 6 January 1978, as amended, the UK Data Protection Act 2018 and EU regulations. All information relating to the processing of personal data is available on the "Privacy" page of the Eurotunnel website, which can be accessed via: www.eurotunnel.com.

12.         applicable law and jurisdiction

12.1       In accordance with the provisions of the CMR, this Contract of Carriage shall be governed by English or French law, depending on the place of occurrence of the incident ;

12.2       Where English law applies, the English courts shall have exclusive jurisdiction and the English version of the T&C prevails ; where French law applies, the TRIBUNAL DE COMMERCE DE BOULOGNE-SUR-MER shall have exclusive jurisdiction by this express agreement and the French version of the T&C prevails.

13.          miscellaneous

13.1       No Waiver - The failure of Eurotunnel to enforce any provision of these T&Cs shall not constitute a waiver of that provision or affect Eurotunnel's right to enforce any other of their provision.

13.2       Severability - If any provision of these T&Cs is held to be invalid or unenforceable, then that provision shall be severed and the remaining conditions shall remain in full force and effect.

13.3       Amendment - Eurotunnel reserves the right to amend these T&Cs with a 7 days notice. No amendment shall apply retrospectively. Any carriage ordered by the Customer shall constitute acceptance by the Customer of these T&Cs.

13.4       The Customer's rights and obligations under the Contract of Carriage may not be assigned without the prior written consent of Eurotunnel.

13.5       These T&Cs are drawn up in two versions, one French and one English. Before the competent English court, only the English version shall be binding; before the competent French court, only the French version shall be binding.

13.6       These terms and conditions are subject to and superseded by the terms of the covering letter.

13.7       For more information on transport, please visit www.eurotunnelfreight.com.

Annex 1 : Eurotunnel UNACC Process

Annex 2 : Eurotunnel UNACC Timeframe

Annex 3 : Eurotunnel UNACC Customs and SPS documents to be provided by the Customer