General Conditions of Renfe Freight in international rail traffic to adapt to the new COTIF 1999
Valid from 1 July 2006.
1. Scope of application, contractual bases
1.1 The “Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM)” and the “General transport conditions for the international traffic of goods by rail ” (see annex) apply to transport contracts with Renfe-Operadora in international rail freight traffic, unless the following provisions contain different regulations and as long as they do not contravene hard law.
1.2 According to CIM, for international transport of empty freight wagons not issued as “rail vehicles transported as freight on its own wheels” the “Uniform Rules concerning contracts of use of vehicles in international rail traffic (CUV)” are valid, as long as there is no contractual stipulation to the contrary. The “provisions of Renfe-Operadora for international rail traffic” are valid as long as they refer to the transport of freight wagons as a means of transport or the declaration of a CUV issue.
1.3 As long as the conditions mentioned in points 1.1 and 1.2 do not contain any regulation or they defer to the regulations or conditions of the transport provider, the contracting conditions / tariffs / lists of current prices for national transport by the competent transport providers for the stretch of line concerned are applied, in accordance with the transport contract.
1.4 The conditions of the agreement with the customer have priority in governing contracts of individual transport.
1.5 In the case of successive transport, the first transport provider is the contracted transport provider as explained in Art. 3 of CIM. When the “transport provider” is referred to in the conditions and prices, this is understood to refer exclusively to the contracted transport provider or to the successive transport provider.
2. General transport conditions for the international carriage of goods by rail (GTC-CIM)
2.1 Definitions
For the purposes of the present General Transport Conditions (CGT-CIM):
2.21.1 “CIM” denotes the International Agreement relating to the Carriage of Goods by Rail, appendix B to the Agreement on international carriage by rail (COTIF 1999),
2.1.2 “Transport provider” denotes the contractual or successive transport provider.
2.1.3. “Substitute transport provider” denotes a transport provider who has not entered a transport contract with the issuer, but to whom the transport provider mentioned in section a) has entrusted, totally or partially, carriage by rail.
2.1.4 “Customer” denotes the issuer and/or recipient mentioned in the consignment note.
2.1.5 “Customer agreement” denotes the specific agreement signed between the customer or a third party on the one hand and the transport provider on the other, relating to one or several transport services subject to the CIM Standard Rules.
2.1.6 “ITC” denotes the International Rail Transport Committee, a Swiss de jure association with legal status, with head office in Berne, the purpose of which is to apply and transpose the right to international rail transport regulated by the COTIF.
2.1.7 “CIM consignment note guide (GLV-CIM)” denotes the ITC document that contains the instructions to use the consignment letter. This is also available on the website www.ITC-rail.org.
2.1.8 “Combined transport” denotes intermodal transportation of intermodal transport units where most of the route is covered by rail, navigable inland waterways or sea, and for which the initial and/or terminating routes are covered by another means of transport.
2.2 Scope of application
2.2.1 The CGT-CIM regulate the legal relationship between the transport provider and the customer for transport services subject to the CIM Standard Rules. They also apply to transport contracts where the scope of application of article 1 CIM is extended and to all of the cases to which the parties agree.
2.2.2 The CGT-CIM form an integral part of the transport contract as soon as it is signed.
2.2.3 The notwithstanding clauses for the parties will prevail over those of the CGT-CIM.
2.2.4 The general conditions regarding the customer only apply when the parties expressly agree to this.
2.3 Providing the transport
2.3.1 The transport provider can entrust, totally or partially, the carriage to one or several substitute transport providers. The transport provider will provide information about the substitute transport provider before the carriage takes place only if the customer expressly requests this.
2.3.2 In case of traffic restrictions, provision of carriage may be totally or partially suspended. These traffic restrictions will be notified to the affected customer without delay in an appropriate written format.
2.4 Consignment note
2.4.1 If no special agreement has been reached, the issuer is responsible for completing the consignment note.
2.4.2 The GLV-CIM contains the useful information to use the consignment note.
2.4.3 In accordance with article 6, §ion; 9 CIM, the consignment note can be issued in the form of electronic recording of data. The parties to the transport contract will establish the details for use of an electronic consignment note in a private agreement. The transport contract parties accept the outprint of the electronic consignment note in accordance with the GLV-CIM provisions above, which they acknowledge has the same strength of evidence as the paper consignment note.
2.5 Wagons made available by the transport provider
2.5.1 When the customer requires availability of wagons, intermodal transport units or accessories, he/she is responsible for the regularity, accuracy and completeness of the instructions, in particular ensuring that the order matches the transport required.
2.5.2 The transport provider supplies the number of wagons, intermodal transport units and appropriate accessories within the limits of the contractual provisions and available capacity. The materials made available are delivered in a technical condition and state of cleanliness adequate for their planned use. The customer must check for visible defects in the materials made available and communicate any such defect immediately to the transport provider.
2.5.3 The customer will only use the equipment supplied within the scope of transport envisaged.
2.5.4 The customer will be responsible for any damages (breakdown or loss) to the equipment made available that is caused by itself or by an appointed third party.
2.6 Loading and unloading
2.6.1 If no special agreement has been reached, the issuer is responsible for loading the goods and the recipient is responsible for unloading it.
2.6.2 If there is no special agreement, this obligation of the customer according to section 6.1 also includes, in combined traffic, loading or unloading of the intermodal transport unit on the wagon.
2.6.3 Without prejudice to imperative legal provisions or special agreement provisions, the transport provider's instructions are applied to the choice of the type of wagon, loading and unloading of goods and return of the wagon or intermodal transport unit. Specifically, the customer must return the wagons and intermodal transport units made available to it in an appropriate state of cleanliness.
2.6.4 The issuer will seal covered wagons as required by national law or as agreed with the transport provider.
The issuer must seal large containers, mobile crates, semi-trailers and other closed intermodal transport units used in combined transport means and that are delivered loaded for transport. For some transport means, the sealing can be omitted through an agreement between the issuer and the transport provider.
2.6.5 Unless there is a special agreement regarding loading and unloading times, the transport provider’s instructions will apply.
2.6.6 If the customer dirties loading or unloading zone and accesses, he/she is responsible for cleaning them immediately, meeting any costs incurred.
2.7 Packaging
When goods require packaging due to their nature or condition, the issuer must package it in such a way that any total or partial loss and damages are avoided during transport, and there is no risk of injury to people or damages to the equipment or other goods. The packaging must also meet the transport provider’s specific packaging requirements.
2.8 Costs
2.8.1 The costs for which the customer will be responsible include:
- a) the price of carriage, i.e. all costs relating to the transport service or a service directly linked to the transport, between the collection and delivery points
- b) incidental costs, i.e. that are related to an additional service provided by the transport provider
- c) customs duties, including taxes and other amounts charged by customs and other administrative bodies.
- d) other costs that the transport provider proves by showing receipts
The list of main costs and their codes is given in the GLV-CIM.
2.8.2 Unless there is an agreement relating to the calculation of costs, the prices lists, rates and conditions of the transport provider rendering the service in accordance with the transport contract will apply.
2.8.3 Who must assume which costs is established by a note on the consignment note in accordance with the GLV-CIM. The customer agreement can envisage the exclusive use of these notes or others.
The transport provider can require that the customer pays the costs in advance or establish other guarantees
2.8.4 When the calculation of costs requires currency conversion, the method of conversion used will be the one in force:
- a) on the day on which the goods are collected for the costs to be met by the issuer
- b) on the day on which the goods are made available for the costs that the recipient must meet
2.9 Delivery periods
2.9.1 In so far as the delivery period has been agreed between the issuer and transport provider, the additional times established in section 9.2 will not apply.
2.9.2 For consignments that use
- a) railway lines with different track gauges
- b) the sea or navigable inland waterways
- c) a road, if no rail link exists
the extension of the delivery periods set in accordance with article 16 CIM is established based on the requirements in force in the place in question and which have been published accordingly.
2.9.3 In special circumstances entailing abnormal traffic conditions or abnormal operating difficulties, the duration of the delivery periods will be established based on announcements published by the transport provider or competent authority.
2.10 Subsequent orders and instructions
2.10.1 Subsequent orders from the issuer to change the transport contract will only be allowed insofar as the issuer has specified the following on the consignment note: “Recipient not authorised to receive the goods". It may be agreed to include other notes on the consignment note, more specifically in the customer agreement.
2.10.2 Subsequent orders from the customer (articles 18 and 19 CIM) and hindrances for transport and delivery (articles 20, 21 and 22 CIM) will be written in accordance with the GLV-CIM and will be notified in writing (letter, fax, email, etc.).
The customer will attach a copy of the consignment note to any subsequent orders or instructions. If there is a hindrance for transport, a copy of the consignment note will only be provided when the customer requests a change in the recipient or delivery point.
2.10.3 To gain time, the customer can simultaneously inform the transport provider and substitute transport provider.
2.10.4 If there is a change to a transport contract that effectively completes a transport service inside a customs territory (e.g. European Union) that needed to be completed outside of this, or the opposite, this change can only be made subject to an agreement with the outgoing customs office.
2.11 Collection and delivery
2.11.1 To collect goods for carriage and to access the terminal, loading bay or specific siding at the point of departure, the agreements signed between the issuer and transport provider collecting the goods in accordance with the transport contract will apply. In the case of surplus, the collection will be carried out in accordance with the requirements in force at the collection point.
2.11.2 To deliver goods for carriage and to access the terminal, unloading bay or specific siding at the destination, the agreements signed between the recipient and transport provider delivering the goods in accordance with the transport contract will apply. In the case of surplus, the delivery will be carried out in accordance with the requirements in force at the delivery point.
2.12 Claims
Claims (article 43 CIM) must be justified. All of the necessary documents to prove the relevance of the claim and the value of the goods must be enclosed.
2.13 Lawsuits
In the event of a lawsuit, the parties will attempt to reach an amicable solution. To this end, they can agree to hold reconciliation, mediation or arbitration proceedings, in particular those envisaged in Heading V of the COTIF.
2.14 Confidentiality
Whether the agreement is completed or not, any party who during negotiations receives confidential information from the other undertakes not to disclose or use it for purposes other than those originally established.
2.15 Delivery periods
The transport provider can fix additional periods of a determined duration in the following cases:
- a) consignments that use lines with different track gauges: Period of 48 hours or 2 working days, excluding Saturdays, Sundays and applicable public holidays.
