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General Terms and Conditions (GTC)

of Fluckinger Transport GmbH Transport GmbH (Fluckinger Transport GmbH = Contractor) and the AÖSp are available at www.fluckinger.com

These General Terms and Conditions (GTC) apply to all services provided or procured by Fluckinger Transport GmbH Transport GmbH as an authorised forwarding agent or carrier (hereinafter referred to as "Fluckinger Transport GmbH" ) for its contractual partner (hereinafter referred to as "Principal" ). The Customer agrees that these GTC shall apply to all future transactions, irrespective of any further express reference, in particular in the case of orders placed verbally, by telephone or by telex. Any deviating terms and conditions of the customer that are not expressly recognised (in writing) by Fluckinger Transport GmbH shall be ineffective, even if they are not expressly contradicted. Under no circumstances may the customer rely on its own general terms and conditions, even if these are contained in orders. No terms and conditions of the principal that contradict these "Fluckinger Transport GmbH GTC" and the AÖSp shall apply. The Contractor further agrees that these GTC shall apply to all future transactions, irrespective of any further express reference, in particular in the case of orders placed verbally, by telephone or in writing.

  1. The agreement of these GTC does not affect the validity of conventions in their respective valid version insofar as their provisions prescribe a deviating regulation, such as the CMR. 
     
  2. In addition, the General Austrian Forwarders' Terms and Conditions (AÖSp) shall apply in the currently valid version, published in the Official Gazette of the Wiener Zeitung 1947/184, last amended by the Official Gazette of the Wiener Zeitung 1993/68 (available on the Internet in English and German at http://portal.wko.at and at https://www.fluckinger.com/). The client declares itself to be a prohibited customer in accordance with §§ 39 ff AÖSp. The AÖSp also apply in relation to foreign clients. 
     
  3. Under no circumstances shall the customer be entitled to make freight reductions or to offset claims against claims of Fluckinger Transport GmbH. A prohibition of set-off and retention in favour of Fluckinger Transport GmbH shall apply without exception. 
     
  4. If loss or damage to the goods is not externally recognisable, the shipper or customer shall be responsible for proving that the loss or damage occurred during the liability period. Externally recognisable damage must be reported to Fluckinger Transport GmbH in writing immediately upon delivery, externally unrecognisable damage immediately upon discovery, but within seven days at the latest, otherwise the claim for compensation shall lapse. 
     
  5. Fluckinger Transport GmbH shall have a right of lien and a right of retention to the goods or other items under its control in respect of all due and non-due claims to which it is entitled against the customer under the contract in question. If the customer does not expressly state the owner of the goods in the consignment note when placing the order, Fluckinger Transport GmbH may assume that the goods are the property of the customer. The client is entitled to prohibit the exercise of the right of lien if he provides Fluckinger Transport GmbH with an equivalent means of security (e.g. bank guarantee). 
     
  6. Loading equipment will only be exchanged to the extent possible and reasonable and only if expressly ordered in writing, subject to payment of a surcharge of 10% of the freight. Fluckinger Transport GmbH does not assume any obligation to return pallets, loading equipment and empty containers, nor does it assume the so-called exchange risk. In the event that - for whatever reason - it is not possible to exchange the loading equipment at the consignor's or consignee's premises, the customer shall not be entitled to any claims against Fluckinger Transport GmbH, except in the case of wilful acts/omissions on the part of Fluckinger Transport GmbH. Fluckinger Transport GmbH's liability for "any differences in loading equipment" is therefore completely excluded. 
     
  7. Fluckinger Transport GmbH shall be entitled to charge the customer demurrage in the amount of € 400 per day (maximum € 400 per day); Fluckinger Transport GmbH shall be entitled to demurrage even if the customer is not at fault. A demurrage claim arises if a total waiting time/standing time of 1.5 hours is exceeded. 
     
  8. If the transport order is cancelled, Fluckinger Transport GmbH shall be entitled to a no-fault contractual penalty amounting to 80% of the freight price. Any further claims for damages shall remain unaffected. 
     
  9. Fluckinger Transport GmbH is authorised to use sub-carriers. However, Fluckinger Transport GmbH shall exercise the diligence of a prudent forwarder or carrier when selecting the company it commissions. 
     
  10. The customer is responsible for ensuring that the goods are loaded and unloaded. Damage caused by circumstances during loading or unloading is the sole responsibility of the client. If, in individual cases, loading and unloading is actually carried out by an agent of Fluckinger Transport GmbH, this agent shall be deemed to be a vicarious agent of the customer. Responsibility for loading and unloading shall always lie with the customer without exception. The customer must ensure that the load is properly secured and complies with statutory regulations. The obligation to secure the load is the sole responsibility of the client, even if the goods have been loaded by the lorry driver. The client shall ensure that the packaging is suitable for transport. 
     

  11. An increase in value of the maximum amounts according to Art. 24 CMR or a special delivery interest according to Art. 26 CMR cannot be agreed (without exception).

    NOTE:

    If the transport order nevertheless contains an indication of value within the meaning of Art 24 CMR, this must be objected to, otherwise an increase in the liability limit will occur!

  12. The client has a duty to warn with regard to special characteristics of the freight. The client must therefore, among other things, provide separate information if the value of the goods exceeds €10 per kilogramme, if the goods are dangerous goods or waste, or if there is a particular risk of theft associated with the freight. In addition, the customer must inform Fluckinger Transport GmbH of any particular sensitivity of the goods and the correct handling (e.g. transport temperature etc.). 
     
  13. The vehicles used by Fluckinger Transport GmbH are always dispatched with one lorry driver. If it is agreed in writing that two lorry drivers are required and a freight surcharge is paid, Fluckinger Transport GmbH will provide two drivers, thus reducing the risk of theft. As a rule, the legally prescribed driving breaks can only be taken in "conventional car parks". 
     
  14. Specified loading and unloading dates are not delivery times in accordance with Art. 19 CMR, but only approximate guide values/standard transit times. Claims for exceeding delivery deadlines (of any kind whatsoever) shall lapse if the customer fails to notify Fluckinger Transport GmbH in writing within twenty-one days of performance. Fluckinger Transport GmbH shall generally not be liable for exceeding loading deadlines/failing to comply with "loading windows" unless Fluckinger Transport GmbH has failed to meet these deadlines due to "blatant gross negligence" . 
     

  15. As a precautionary measure, reference is made to the following limitations of liability of the AÖSp:

    § Section 54. a) Insofar as the freight forwarder (here: Fluckinger Transport GmbH) is liable at all, the following maximum limits apply to his liability: € 1.09 per kg gross of each damaged or lost package, but not more than
    € 1,090.09 per claim. 
    For all other damages, a maximum of € 2,180.19 per claim. 
    If the declared value of the goods is lower than the above amounts, the declared value will be taken as a basis. 
    If the value to be considered according to b) is higher than the fair market value or, in its absence, the fair market value that the goods of the same type and condition had at the time and place of handover to the forwarder, this fair market value or fair market value will take the place of the declared value. In the event of any differences in the declared values, the lower value shall always apply.

  16. The claim to payment of the freight arises upon delivery of the freight. In the event of late payment, Fluckinger Transport GmbH shall be entitled to interest of 1.5% per month in accordance with § 29 AÖSp. In addition, the customer shall bear all reminder fees incurred and the costs associated with the collection of the outstanding claim in full. 
     
  17. The contractual relationship shall be governed by Austrian law to the exclusion of the provisions of IPR. For all disputes between the parties in connection with this agreement, including disputes about the effective existence of this agreement, as well as disputes in connection with individual agreements concluded in execution of this agreement, the jurisdiction of the relevant court for A-6020 Innsbruck is agreed.

Status July 2025 
Fluckinger Transport GmbH, 6020 Innsbruck

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