General Terms and Conditions

Applicability

All services provided by Aircargo.nl B.V. (Chamber of Commerce 34251536), located at Samoaweg 4, 1432 BZ Aalsmeer, are subject to the Dutch Forwarding Conditions of FENEX, filed with the district courts of Rotterdam and Amsterdam on May 1, 2018.

By using our services, you agree to the applicability of these conditions to the legal relationship between you and Aircargo.nl B.V.

About the Dutch Forwarding Conditions

The Dutch Forwarding Conditions (NEV) were drafted by FENEX, the Dutch organization for Forwarding and Logistics. These conditions form the standard framework for the legal relationship between freight forwarders and their clients and are widely accepted within the logistics sector.

The full text of the Dutch Forwarding Conditions is available on the official FENEX website: www.fenex.nl. You can also request a copy from Aircargo.nl B.V.

Key Provisions

Services (Article 2)

The conditions apply to all offers, agreements, and acts related to services provided by Aircargo.nl B.V., unless mandatory law dictates otherwise. The conditions remain in effect even after termination of the agreement.

Engaging Third Parties (Article 3)

Aircargo.nl B.V. is free to engage third parties in the performance of an agreement and to accept those third parties’ conditions at the expense and risk of the client, unless otherwise agreed in writing.

Offers and Formation of Agreements (Article 4)

All offers from Aircargo.nl B.V. are non-binding. Agreements are only concluded after written confirmation or commencement of execution.

Fees (Article 6)

Price quotes are based on the prices valid at the time of the offer. Changes in cost factors (rates, wages, freight and exchange quotations, etc.) may be passed on. Duties, taxes, levies, and insurance premiums are not included in all-in rates unless expressly agreed otherwise.

Liability (Article 11)

Aircargo.nl B.V. is not liable for damages unless the client proves that the damage resulted from fault or negligence of Aircargo.nl B.V. or its employees. Liability is always limited to 10,000 SDR per incident, and in case of damage or loss of goods, to 4 SDR per kilogram gross weight. Consequential damages, lost profits, and immaterial damages are never compensated.

Force Majeure (Article 12)

In case of force majeure, Aircargo.nl B.V.’s obligations are suspended for the duration of the force majeure. Additional costs resulting from force majeure (transport, storage, insurance, etc.) are borne by the client.

Payment Terms (Article 15)

Fees and costs are generally due at the start of the services. In case of late payment, all claims become immediately due. Aircargo.nl B.V. reserves the right to charge a credit limitation surcharge if a credit term is applied.

Retention and Lien Rights (Article 17)

Aircargo.nl B.V. has a right of retention and lien on all goods, documents, and funds held under the assignment for all claims against the client.

Limitation Period (Article 20)

Claims expire nine months after the event giving rise to the claim, or after the day the entitled party knew or could reasonably have known about the damage.

Dispute Resolution (Article 23)

Disputes will be resolved by arbitration pursuant to the FENEX arbitration regulations, unless parties agree to submit the dispute to the competent Dutch court in the location of Aircargo.nl B.V.’s office.

Contact

If you have any questions about these general terms and conditions, please contact:

Aircargo.nl B.V.
Samoaweg 4
1432 BZ Aalsmeer
Netherlands
Chamber of Commerce number: 34251536

The full Dutch Forwarding Conditions can be consulted at www.fenex.nl or requested at our office.