Prices and Terms of DB Schenker Rail AG

Full text

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Valid from: 1 January 2013

Prices and Terms

of DB Schenker Rail AG

Provisions for

Privately Owned Freight Wagons/

Freight Wagons of Other Keepers

(PKL-Güterwagenverwendung)

Translated from German;

the German text alone is

legally binding

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Terms of DB Schenker Rail AG regarding use of wagons

Pricing (freight rates)

Track usage charges when agreed loading periods

are exceeded on DB-owned track

Stabling of privately owned freight wagons/freight wagons of other keepers

Privately owned freight wagons/freight wagons of other keepers –

wagon types U and Z in empty running with residual freight

Price list 1 for empty running rates

Price list 2 for empty running rates for low-floor wagons and

wagon units with more than 8 axles

Published by: DB Schenker Rail AG Marketing Rheinstrasse 2 55116 Mainz, Germany Phone: +49 (0) 180 5 331050*

* 14 ct/min from landline phones, rates for mobile phones may differ

These Prices and Terms of DB Schenker Rail AG as well as any amendments and supplements

shall be published in the “Tariff and Transport Gazette of the public railways in the Federal Republic of Germany”. Available under order number

TAPL 0110, from:

DB Kommunikationstechnik GmbH Medien- und Kommunikationsdienste Logistikcenter

Kriegsstrasse 136 76133 Karlsruhe

Fax: +49 (0) 721 9385509

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Prices and Terms of DB Schenker Rail

Provisions Relating to Privately Owned Freight Wagons/Freight Wagons of Other Keepers

Provisions of DB Schenker Rail AG regarding use of wagons

1.1 General Provisions

1.1.1 The following provisions shall apply to wagons

for which the keepers are not DB Schenker Rail AG (hereinafter “DB Schenker Rail”).

1.1.2 Subject to the agreement, a wagon may be

consigned either for carriage as goods (contract of carriage of goods) or as a means of transport (contract of use for wagons). As to use of a wagon as a means of transport by DB Schenker Rail, in particular regarding carriage under a contract of use for wagons, the provisions of the “General Contract of Use for Wagons (‘GCU’)” shall apply, to the extent the follow-ing provisions do not contain any deviations. The cur-rently valid version of the GCU can be found online at www.dbschenker.com/de/rail/alb.

1.1.3 The consignor and/or the handing over railway

undertaking (“RU”) warrants that it shall hand over only such wagons to DB Schenker Rail whose keepers have agreed to the GCU or that it shall place

DB Schenker Rail in such a position as if these were such wagons.

The first sentence of this clause shall not apply if it has been agreed that DB Schenker Rail shall make the wagon available for carriage as a means of transport or if the handed over wagon shall be running on its own wheels for carriage as goods.

1.1.4 The consignor and/or the handing over RU

warrants that the wagons handed over to DB Schenker Rail shall undergo maintenance by a certified entity (ECM). Through to the introduction of mandatory certification, a self-declaration shall be submitted regarding correct maintenance. Otherwise we shall be entitled to refuse acceptance of the wagons.

1.2 Use of Wagons within Germany

1.2.1 The “General Terms and Conditions of

DB Schenker Rail AG for the Performance of Services (ALB)” as amended (available online at

www.dbschenker.com/de/rail/alb) shall apply to freight transport orders of a wagon (carriage order) as a means of transport and to the preparation of a wagon note.

The local agreements and hours of service shall apply as regards to taking over and/or delivery of a wagon at the taking over and/or delivery location in respect of the keeper/any other party as entitled pursuant to Section 1.4 of the GCU.

1.2.2 The period for carriage for loaded wagons as a

means of transport shall correspond to the transit period for the goods being conveyed.

1.2.3 The periods of carriage for empty wagons as a

means of transport shall be comprised of the transit period for the goods being conveyed in accordance with the Section 423, alternative 2 German Commercial

Code (HGB), and an additional transit period of 48 hours for empty wagons as stipulated by DB Schenker Rail. The transit period as defined in Section 423, alternative 2 German Commercial Code (HGB) shall be such period as should be reasonably conceded to a diligent carrier, having regard to the circumstances.

1.2.4 If such period for carriage has been exceeded

and DB Schenker Rail is answerable accordingly as per the GCU, the keeper may claim compensation from DB Schenker Rail for loss of use of the wagon in accordance with Appendix 6 of the GCU.

The following deviations and clarifications to Appendix 6 of the GCU shall apply:

1.2.4.1 The keeper may choose between flat-rate

compensation for loss of use and compensation for loss of use based on individual written proof. Any claim for flat-rate compensation for loss of use shall preclude a compensation claim for loss of use based on individual written proof, and vice versa.

1.2.4.2 Flat-rate compensation for loss of use shall

be payable by DB Schenker Rail for the period start-ing on the third day after the period for carriage was exceeded through to the actual date of delivery, however, only up to such maximum amount as is provided for in clause 1.2.4.3 of these provisions. The compensation shall be granted for the day of deliv-ery irrespective of the time of delivdeliv-ery. In all cases where the additional transit period for empty wagons applies (see clause 1.2.3 of these provisions), flat-rate compensation for loss of use shall become payable commencing on the first day that the period for car-riage was exceeded.

1.2.4.3 Irrespective of whether carriage of a loaded or

empty wagon is being effected, compensation for loss of use shall be limited, as per Section 431, subsection 3 HGB to three times the carriage charge for empty wagons usually paid for the carriage as provided by DB Schenker Rail.

1.2.4.4 The right to compensation for loss of use

against DB Schenker Rail shall expire per Section 438, subsection 3 HGB if the person entitled does not assert its right against DB Schenker Rail in writing within 21 days. In the event of a compensation claim based on individual written proof, written notifica-tion regarding the period of carriage having been exceeded shall suffice to comply with the time limit. The time limit as per the first sentence of this clause shall commence upon the delivery of the wagon to the consignee.

1.2.4.5 The amount the keeper has received for the

use of the wagon during the period of delay shall be deducted from any compensation for loss of use.

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1.2.4.6 The limitations set forth in clauses 1.2.4.3

and 1.2.4.4 of these provisions shall not apply to any compensation for loss of use based on individual written proof provided it has been proven that the damage per Section 435 HGB has been caused by an act or omission committed with intent to cause damage or recklessly by DB Schenker Rail or by a person within the meaning of Section 428 HGB, with knowledge that such loss or damage would probably result.

1.2.5 In the event of loss of use caused by the damage

to the wagon or its parts as per Section 23.3, clause 2 of the GCU, clause 1.2.4.1 of these provisions shall apply accordingly. The obligation to pay flat-rate compensation for loss of use shall commence on the third day following the day on which the wagon is withdrawn from service. The flat-rate compensation for loss of use shall be limited to a maximum amount of €1,000 (one thousand Euros).

1.2.6 German law shall apply. The place of

jurisdic-tion shall be Mainz.

1.3 Cross-border use of wagons

1.3.1 The “Provisions of DB Schenker Rail AG for

International Carriage by Rail” in its currently valid version (available online at www.dbschenker.com/ de/rail/alb) shall apply to freight transport orders of a wagon (carriage order) as a means of transport and to the preparation of a wagon note. The local agree-ments and hours of service shall apply as regards to taking over and/or delivery of a wagon at the taking over and/or delivery location in respect of the keep-er/any other party as entitled pursuant to Section 1.4 of the GCU.

1.3.2 The period for carriage for loaded wagons as a

means of transport shall correspond to the transit period for the goods being conveyed.

1.3.3 The period for carriage of empty wagons as a

means of transport shall consist of the transit period as defined by item 8 of the “Provisions of DB Schenker Rail land AG for International Carriage by Rail” in its currently valid version and an additional transit period of 48 hours for empty wagons as

stipulated by DB Schenker Rail.

1.3.4 If such period for carriage has been exceeded

and DB Schenker Rail is answerable accordingly as per the GCU, then the keeper may claim compensation from DB Schenker Rail for loss of use of the wagon in accordance with Appendix 6 of the GCU. The following deviations and clarifications shall apply to Appendix 6 of the GCU:

1.3.4.1 The keeper may choose between flat-rate

compensation for loss of use and compensation for loss of use based on individual written proof. Any claim for flat-rate compensation for loss of use shall

preclude any compensation claim for loss of use based on individual written proof, and vice versa.

1.3.4.2 Flat-rate compensation for loss of use shall be

paid by DB Schenker Rail for the period starting on the third day after the period for carriage was exceed-ed, through to the actual date of delivery, however, only up to such maximum amount as is provided for in clause 1.3.4.3 of these provisions. The compensa-tion shall be granted for the day of delivery, irrespec-tive of the time of delivery. In all cases where the additional transit period for empty wagons applies (see clause 1.3.3 of these provisions), flat-rate com-pensation for loss of use shall be payable commenc-ing on the first day that the period for carriage was exceeded.

1.3.4.3 Irrespective of whether carriage of a loaded or

empty wagon is being effected, compensation for loss of use pursuant to Section 33, subsection 1, of the “Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (‘CIM’)” shall be limited to four times the amount of the carriage charge for empty wagons usually paid for the carriage as provided by DB Schenker Rail.

1.3.4.4 The right to compensation for loss of use

against DB Schenker Rail shall expire, per Section 47, subsection 2, item c of the CIM, if the person entitled does not assert his right against DB Schenker Rail in writing within 60 days. The time limit as per the first sentence of this clause shall commence upon the delivery of the wagon to the consignee.

1.3.4.5 The amount the keeper has received for the

use of the wagon during the period of delay shall be deducted from any compensation for loss of use.

1.3.4.6 The limitations set forth in clauses 1.3.4.3

and 1.3.4.4 shall not apply to any compensation for loss of use based on individual written proof, provided it has been proven that the damage, per Section 47, subsection 2, item d of the CIM and/ or Section 35 of the CIM, as the case may be, was caused by an act or omission committed by DB Schenker Rail with intent to cause such loss or damage, or recklessly and with knowledge that such loss or damage would probably result.

1.3.5 In the event of loss of use caused by damage to

the wagon or its parts as per Section 23.2 clause 2 of the GCU, clause 1.3.4.1 of these provisions shall apply accordingly. The obligation to pay flat-rate compensation for loss of use shall commence on the third day following the day on which the wagon is withdrawn from service. Flat-rate compensation for loss of use shall be limited to a maximum amount of €1,000 (one thousand Euros).

1.3.6 German law shall apply. The place of jurisdiction

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Pricing (freight rates)

2.1 Price Formation. Rates for running under load when the freight wagon used is provided by the customer.

In those cases, the rates take account of both the wagon provision costs and planned empty runs. The rates for running under load are calculated on the basis of the existing price lists minus the privately owned wagon discount; if the privately owned wagon discount is not included in the freight rates, it shall equal

a) 8 % for consignments in open, category F, saddle-bottom or hopper-saddle-bottom privately owned wagons with gravity discharge, with the exception of coal transport,

b) 12 % for consignments with coal, c) 15 % for all other consignments.

In the case of shuttle services, the freight rates for empty running can be included in the rates for running under load.

Shuttle services refer to transports where it is guaranteed that a run under load is consistently followed by an empty run in the opposite direction on the same route. In such cases, the charges for empty running are not calculated separately but are incorporated in the rates for running under load. Any additional runs involving empty privately owned wagons that are not directly linked to a run under load shall be subject to the rates detailed in subsection 2.2. In the consignment note for an empty run, the „Contents“ column must be marked: Empty, freight paid as per price list no./tariff no. XXXX.

Apart from shuttle services as defined above, empty runs shall not be incorporated into the rates for running under load.

Empty runs shall be charged according to the rates for empty running listed in subsection 2.2.

The expected empty runs shall be planned in

consultation with the customer and incorporated into the calculation of the transports.

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Price list number 2.2 Prices for empty running

For the movement of empty privately owned freight wagons/freight wagons of other keepers, 0113 00 1 apart from transfer journeys of brand-new wagons, the empty running rates shall be levied 0126 00 3 in accordance with price list 1 or, in the case of low-floor wagons and wagon units with more

than eight axles, in accordance with price table 2.

Unless the empty running rates to price table 1 are to be settled according to international tariffs or special agreements, the following shall apply to the German section for empty running in international traffic

– for international forwarding or receiving movements: the price list number 0152 00 9 – for international transit movements: the price list number 0153 00 7 – for payment of transitrate: the price list number 0154 00 5 In the freight transport order, and according to wagon type/intended use, the consignor shall

specify the applicable code in accordance with the Harmonised Commodity Code (NHM): 9921.00 Railway wagon as a means of transport, 2-axle, empty, nos

9921.10 Railway wagon as a means of transport, 2-axle, empty, for/after maintenance* 9921.20 Railway wagon as a means of transport, 2-axle, empty, for/after repair* 9921.30 Railway wagon as a means of transport, 2-axle, empty, for/after cleaning* 9921.40 Railway wagon as a means of transport, 2-axle, empty, for transport prior to and

after hiring*

9922.00 Railway wagon as a means of transport, more than 2 axles, empty, nos 9922.10 Railway wagon as a means of transport, more than 2 axles, empty for/after

maintenance*

9922.20 Railway wagon as a means of transport, more than 2 axles, empty for/after repair* 9922.30 Railway wagon as a means of transport, more than 2 axles, empty for/after cleaning* 9922.40 Railway wagon as a means of transport, more than 2 axles, empty, for transport prior

to and after hiring*

*In case of transport into another customs territory, NHM Code 8606.00 is to be used.

Prices and Terms of DB Schenker Rail land

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Stabling of privately owned freight wagons/freight wagons of other keepers

Privately owned wagons/wagons of other keepers may be stabled on railway-owned track subject to a fee following prior agreement with our Customer Service Centre.

A charge of € 4.90 shall be levied per wagon and per day, and an additional charge of € 38.60 per wagon for the first and last days of the stabling period.

Residual freight up to a weight of 3 t (for wagons with two axles) and of up to 6 t (for all other wagons) shall be transported free of charge, if this is specified

Privately owned freight wagons/freight wagons of other keepers : wagon types U and Z in empty running with residual freight

in the “Contents” column on the consignment note. Excess weight shall be charged at the freight rates appropriate to running under load.

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If the agreed loading periods for privately owned wagons/wagons of other keepers on railway-owned

track are exceeded, a track usage charge of € 4.90 per wagon and per day shall be levied.

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Track usage charges when agreed loading periods are exceeded on DB-owned track 2.3 Rates for the movement of empty privately owned wagons/wagons of other keepers within a freight station (station-internal freight rates).

Carriage of empty registered privately owned wagons/wagons of other keepers within 0120 00 6 a freight station shall be charged per wagon at the price listed for the shortest distance

in the price tables of empty running rates.

Price list number

A wagon may be returned as a means of transport (particularly returning from a loaded journey in particular) (NHM 9921.10 – 9921.40 or 9922.10 – 9922.40) after having been used as a means of transport

in accordance with the implementing provisions for the Community Customs Code or in accordance with the national customs law in question:

– if its use as a means of transport was in a third country, if the wagon is admitted to free circulation in an EU Member State and if is being returned to an EU Member State, or

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Prices and Terms of DB Schenker Rail land

Provisions Relating to Privately Owned Freight Wagons/Freight Wagons of Other Keepers

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Price list 1 for empty running freights, excluding low-floor wagon, wagon units with more than 8 axles, car carrying wagons1) and intermodal wagons2)

Empty running freights

Distance up to km Wagon with 2 axles Wagon with more than 2 axles –

excluding low-floor wagons, car carrying

wagons1) and intermodal wagons2)

inland imp/exp transit inland imp/exp transit

price list number 0113 001 0152 009 0153 007 0113 001 0152 009 0153 007

Euro Euro Euro Euro Euro Euro

70 125 84 42 161 120 79 80 129 88 47 167 125 84 90 161 120 79 211 170 128 100 169 127 86 219 178 137 110 169 127 86 219 178 137 120 169 127 86 219 178 137 130 169 127 86 219 178 137 140 169 127 86 219 178 137 150 169 127 86 219 178 137 160 181 140 98 235 194 152 170 181 140 98 235 194 152 180 181 140 98 235 194 152 190 181 140 98 235 194 152 200 181 140 98 235 194 152 220 194 152 111 250 209 168 240 194 152 111 250 209 168 260 225 183 142 292 250 209 280 225 183 142 292 250 209 300 258 216 175 333 292 250 320 258 216 175 333 292 250 340 258 216 175 333 292 259 360 258 216 175 333 292 259 380 258 216 175 333 292 259 400 288 246 205 376 334 293 450 288 246 205 376 334 293 500 288 246 205 376 334 293 550 343 301 260 446 405 363 600 397 356 315 514 473 432 650 450 409 367 587 545 504 700 477 436 394 621 580 538 750 477 436 394 621 580 538 800 477 436 394 621 580 538 850 500 459 417 648 607 565 900 500 459 417 648 607 565 950 500 459 417 648 607 565 1000 520 478 437 675 633 592 1100 554 512 471 717 676 634 1200 570 529 487 745 704 662 1300 607 565 524 788 746 705 1400 625 584 542 815 773 732 1500 625 584 542 815 773 732

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Price list 2 for empty running rates for low-floor wagons and wagon units with more than 8 axles Price list number 0126 00 3 Empty running freights for low-floor wagons and wagon units with more than 8 axles

Scale-up

Number of axles on wagon Price based on the rates in price list 1 factor

2 Rate for wagon with 2 axles 1

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