Terms and Conditions

On the effectiveness of pallet exchange clauses in general terms and conditions

The Düsseldorf Regional Court has ruled that pallet exchange clauses in general terms and conditions (GTC) are valid under certain conditions. Compensation for the exchange must be provided for, but does not need to be separately stated. For the validity of the GTC in commercial transactions, a reference to their application is sufficient. The decisive factor remains the specific wording of the clause in each individual case.

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On the effectiveness of a general terms and conditions clause regarding the parking of vehicles only in video-monitored parking spaces

The Bremen Regional Court ruled that a general terms and conditions clause requiring the carrier to park vehicles only in video-monitored parking areas is neither surprising nor unreasonably disadvantageous. If such parking spaces are not available on the transport route, the carrier must refuse the order or implement alternative security measures. Otherwise, instructions must be obtained from the sender.

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