The validity of general terms and conditions (GTC) regarding the carrier's obligation to park vehicles exclusively in video-monitored parking areas during transport was recently examined by the Bremen Regional Court. The decision sheds light on whether such a clause unreasonably disadvantages the carrier or is surprising within the meaning of the German Civil Code (BGB).
Judgment of the Bremen Regional Court
An obligation of the carrier, contained in the sender's general terms and conditions, to park the vehicle only in video-monitored parking areas during transport is neither surprising according to Section 305c of the German Civil Code (BGB), nor does it unreasonably disadvantage the carrier according to Section 307 of the German Civil Code (BGB).
If there are no video-monitored parking spaces on the transport route, the carrier must refuse the order or take other alternative security measures, e.g. employ a second driver.
If the carrier nevertheless accepts the order, it must, in any case, obtain instructions from the consignor regarding how to proceed with the transport order prior to carrying it out, in accordance with Articles 14 (1) and 12 (1) of the CMR. Article 14 (1) of the CMR applies accordingly if the conditions of carriage that cannot be met are not apparent from the consignment note, but otherwise, carriage in accordance with the contract is not possible.
Conclusion
The Bremen Regional Court concluded that a clause requiring the carrier to park the vehicle only in video-monitored parking areas is neither surprising nor unreasonably discriminatory. If no suitable parking space is available along the transport route, the carrier is obligated to refuse the order or implement alternative security measures. Otherwise, it must obtain instructions from the sender before carrying out the order to ensure proper continuation of the transport.
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