1. Scope
1.1These General Terms and Conditions (GTC) govern the relationship between Rheinische Bahnpersonal- und Verkehrsgesellschaft mbH (hereinafter „RBP“) and its customers for transport, additional services, and services. They apply to national and international transport provided by RBP. Furthermore, the German Civil Code (BGB) and the German Commercial Code (HGB) apply to transports carried out by RBP between train stations on German territory, even if the transport passes through the territory of a neighboring country. For international transport, the uniform legal provisions for the Contract for International Carriage of Goods by Rail (CIM) apply.
1.2The latest German version of the „GTC Freight Transport RBP“ applies (available at https://www.rbp-bahn.de/Terms/Terms_Freighttransport).
1.3The customer’s general terms and conditions apply only to the extent that the contracting parties have agreed to this in writing.
1.4RBP’s business address can be found at www.rbp-bahn.de/datenschutz.
2. Special relevant provisions and guidelines
The „General Contract of Use for Freight Wagons“ (GCU) applies to the use of railway wagons. The currently valid version of the GCU is available online at www.gcubureau.org. Furthermore, Regulation (Regulation) 2019/779 applies to the entity in charge of maintenance (see section 11 below).
3. Transport Contracts
3.1The basis for the services to be provided by RBP is a transport contract concluded in writing with the customer. The transport contract contains essential service data required for the conclusion of individual contracts, in particular freight contracts (e.g., route, cargo, wagon type, loading unit, remuneration). Individual contracts are concluded upon the customer’s order and acceptance by RBP.
3.2Unless required by law and unless otherwise contractually agreed, the customer must issue a consignment note. RBP will not sign the consignment note. Printed or stamped names or company details are not considered signatures. If a consignment note is used in accordance with Section 408 of the German Commercial Code (HGB), it shall be deemed a transport order. If the customer issues the transport order without using a consignment note, they are liable for the accuracy and completeness of all information contained in the transport order in accordance with Section 414 of the German Commercial Code (HGB). The transport order must in all cases contain all information necessary for the proper execution of the transport.
3.3Transport contracts are concluded when the customer submits a transport order to RBP and this order is accepted after negotiations on the respective conditions (e.g., contract duration, route to be served, use of leased or customer-owned freight wagons, price).
3.4The individual transport is completed upon delivery of the goods to the agreed handover point and upon acceptance by the recipient. The handover of the trains takes place on the tracks allocated by the respective railway infrastructure company (RIU). RBP has no influence on this allocation. Siding tracks are not provided or leased by RBP unless otherwise contractually agreed.
3.5An individual transport may be modified by subsequent agreement, taking into account the railway law and actual infrastructure requirements (such as train path availability). A fee will be charged for the modification. Any additional costs related to the route are to be borne by the customer.
3.6RBP reserves the right to have the transport carried out by a „substitute carrier“ in accordance with Art. 3 CIM.
3.7RBP is not obligated to inspect the contents of shipments.
3.8If there are obstacles to transport or delivery, the statutory provisions apply, provided that RBP is entitled to park the loaded means of transport within the framework of Section 419 Paragraph 3 of the German Commercial Code (HGB) and Art. 20 Paragraph 2 CIM. RBP is liable for the duration of this parking with the due care of a prudent businessman.
4. Wagons, Loading Units, and Loading Equipment
4.1RBP does not maintain its own wagons, loading units, or loading equipment, but rents them as needed. Upon request, RBP will provide suitable wagons, loading units, and loading equipment for transport for a fee, provided they are available on the market.
4.2The customer must inspect wagons, loading units, and loading equipment provided by RBP prior to loading for their suitability for the contractually intended purpose and for any visible defects, including soiling. The customer must report any complaints to RBP immediately.
4.3The customer is obligated to use the wagons, loading units, and loading equipment provided to it exclusively for their intended purpose.
4.4The customer is responsible for ensuring that unloaded wagons and loading units are completely emptied and cleaned, and that all loose components are present.
4.5The customer is liable for all damage to wagons, loading units, and loading equipment caused by the customer or a third party commissioned by the customer, and must report any damage to RBP immediately.
4.6The customer is not liable if the damage is due to a defect that was already present upon handover and was reported to RBP immediately. If no report is made and RBP discovers damage upon collection of the wagon, the customer must provide evidence that they or a third party commissioned by them did not cause the damage. If they fail to provide this evidence, they are liable for the damage and any resulting additional costs incurred by RBP.
5. Loading and Unloading
5.1The customer is responsible for the correct loading and unloading of freight wagons transported by RBP in accordance with the UIC Loading Rules (available at: https://uic.org/freight/wagon-issues/loading-rules) in their currently valid version.
5.2RBP is entitled to inspect freight wagons and loading units for safe loading. If there is reasonable doubt about proper loading, RBP is entitled to take the necessary measures or refuse acceptance. This is particularly the case if there is a significant discrepancy between the agreed and actual load, if the permissible total weight is exceeded, or if the transport is impeded by the type of goods or the loading. If there is a significant discrepancy between the agreed and actual load, if the permissible total weight is exceeded, or if the transport is impeded by the type of goods or the loading, or if there is any other violation of legal provisions, RBP will request the customer to remedy the situation within a reasonable period of time. After the expiration of this period without result, RBP is entitled to assert its rights in accordance with Section 415 Paragraph 3 Sentence 1 of the German Commercial Code (HGB).
If the recipient fails to accept the goods within the specified timeframe, RBP will request the sender for instructions. Any additional costs incurred by RBP must be borne by the customer.
5.3RBP reserves the right to invoice the customer for the costs of ensuring proper loading or delays in transport, and to claim damages.
5.4RBP reserves the right to inspect the proper loading and unloading of wagons on-site.
5.5The customer is obligated to promptly remove any loading and unloading residues at the loading point, including the access roads, at its own expense. Any necessary cleaning of the track area by RBP will be invoiced to the customer.
5.6Any damage to the transported cargo must be reported immediately to RBP by phone at +49 2241 9765789.
5.7RBP reserves the right to inspect any damage at any time.
5.8For the occurrence of the presumption of loss pursuant to Section 424 Paragraph 1 of the German Commercial Code (HGB) or Article 29 of the CIM Convention, a further period of 30 days after the expiry of the delivery period applies uniformly to domestic and cross-border transport.
6. Customs and other administrative regulations
If customs and other administrative regulations are complied with by RBP or its agents, the customer shall pay RBP compensation for these services, as well as for any delays in their compliance not caused by RBP or its agents. Compliance with customs and all other legal requirements is the responsibility of the customer.
7. Dangerous Goods
7.1The customer must comply with the relevant dangerous goods regulations governing the carriage of dangerous goods by rail, as amended from time to time. The customer undertakes to provide RBP with the transport documents and, if applicable, any other documents required by dangerous goods regulations. RBP is entitled to refuse carriage if the transport documents are not available, are incomplete, or if their content is incorrect before the start of the carriage. The same applies if the wagons/loading units to be transported are not labeled in accordance with the RID requirements or if other violations of the RID regulations are discovered. In this case, RBP’s liability for the refusal of carriage is excluded. Any additional costs demonstrably incurred by RBP in this case will be borne by the customer.
7.2RBP will accept or deliver dangerous goods if the sender or recipient has agreed in writing to assume the safety and care obligations up to and including collection or from the time of provision, and in the case of goods of Classes 1, 2, and 7, the physical handover/acceptance of the goods.
7.3Storing uncleaned, empty tank wagons or tank containers for more than 24 hours – if the last cargo was a high-risk substance within the meaning of RID (Section 1.10.3.1.2) – or for more than 48 hours for other dangerous goods, requires a special written agreement.
7.4Uncleaned, empty, and non-degassed pressurized gas tank wagons and pressurized gas tank containers will not be stored by RBP for longer than 24 hours.
7.5The customer shall indemnify RBP, within the scope of its liability, from all obligations to third parties arising during transport, storage, or other handling, which are attributable to the nature of the goods and the customer’s failure to observe its duty of care.
8. Special Conditions for Combined Transport
8.1.Loading units (LU) within the meaning of these General Terms and Conditions are:
- Containers for overseas transport, whose dimensions, corner fittings, and strength are standardized by the International Organization for Standardization,
- Inland containers for European mainland transport,
- Swap bodies, i.e., bodies that can be interchanged during operation, and
- Semi-trailers.
8.2.Loaded or empty load units will only be accepted for transport if they are coded. The transport of non-coded load units requires a special written agreement.
8.3.The customer is responsible for ensuring that the locking devices of loaded load units are secured with security devices (e.g., seals).
8.4.Large containers with a height exceeding 2,603 mm (8’6″) may exceed the railway loading gauge and, for road delivery, the maximum permissible height of 4 m according to the Road Traffic Licensing Regulations (StVZO). Special conditions of carriage for such large containers must be agreed with RBP.
8.5.Containers must comply with the applicable legal regulations and technical specifications (e.g., DIN, CEN, or UIC leaflets). The customer is obligated to provide evidence of information to the loading/unloading companies/handling companies/terminal operators involved regarding the applicable loading regulations. The customer is generally responsible for accompanying the load.
8.6.Containers handed over to RBP by the customer must be safe to operate and suitable for the goods. The customer is liable for damage caused by unsuitable, defective, or unsafe containers.
8.7.RBP generally parks LEs outdoors.
9. Invoicing and Payment
9.1Invoices must be paid immediately upon due date and without deduction. The payment deadline is generally specified in the individual contract. Otherwise, a payment deadline of 14 days from the invoice date applies. If payment is not made within the payment deadline, the customer will be in default without the need for a reminder from RBP. The default interest rate is 8 percentage points above the base interest rate.
9.2Invoices are issued weekly.
9.3RBP reserves the right at any time to request advance payments or security (e.g., bank guarantees) as part of the contractual processing of transports.
9.4Complaints must be submitted by email. The complaint must be justified in detail.
10. Liability
10.1RBP is liable exclusively in accordance with statutory provisions. Pure financial losses (in particular, lost profits) are excluded. The limitations of liability according to the German Civil Code (BGB), the German Commercial Code (HGB), and, where applicable, the CIM Convention also apply to non-contractual claims. Liability for auxiliary persons employed by RBP to fulfill its contractual obligations is excluded to the extent permitted by law. Special limitations of liability may be agreed for goods whose transport requires special measures or is associated with particular risks.
10.2Timetables communicated to the customer do not constitute delivery deadline agreements within the meaning of Art. 16 § 1 CIM Convention.
10.3Claims for compensation against RBP that go beyond the statutory claims are excluded.
10.4The customer is liable for all damages and resulting additional expenses incurred by RBP due to a defect in a wagon provided by the customer and must indemnify RBP for damages caused by third parties. Fault on the part of the wagon keeper according to Art. 27 GCU is not required. RBP is not liable for damage to the transported goods.
10.5RBP is entitled to detach a wagon and charge the customer for any resulting transport costs or delays, and to claim damages, if the customer provides a wagon fitted with cast iron brake blocks.
10.6If the wagon is not detached, the customer is liable for all claims (including fines under the Rail Noise Protection Act) and any resulting additional expenses incurred by RBP if the customer has provided a wagon fitted with cast iron brake blocks.
10.7If RBP is unable to provide its services due to a strike or a lack of available tracks (e.g., operational interruptions, line closures, accidents, imminent danger), liability is excluded. Claims under CIM are excluded if the goods have already been accepted by RBP. Liability is also excluded if RBP is unable to provide its services due to restrictions in the traction power supply.
10.8If RBP must use a connecting railway to carry out the transport, the customer is responsible for ensuring that the current operating regulations/local guidelines (ÖRil) of the respective connecting railway are available to RBP prior to the provision of the service, unless it has been expressly contractually agreed that RBP will obtain the relevant ÖRil. Accordingly, any changes to the operating regulations/ÖRil must be delivered to RBP in a timely manner prior to the provision of the service. If the current operating regulations/ÖRil are not available to RBP when the customer places the transport order, the transport cannot be carried out, and the customer is liable for the additional costs incurred by RBP as well as for any other damages incurred by RBP due to the non-performance of the transport.
10.9The Customer shall be liable for its own errors and omissions and those of its vicarious agents, in particular for all consequences resulting from inadequate packaging and inadequate loading or securing of loads, for consequences resulting from incorrect, inaccurate or missing information regarding the maintenance of its own freight wagons or in the transport order, and generally from the incorrect fulfilment or failure to comply with customs or other administrative regulations, and shall compensate RBP for any resulting damage.
10.10If the customer provides a wagon whose keeper has not joined the GCU, the customer assumes the keeper’s liability in accordance with the GCU. RBP will be fully indemnified in the event of an incident.
10.11For the towed transport of locomotives, the customer is responsible for the safe provision of the locomotive(s). The customer is liable for all damages resulting from inadequate provision of the locomotive (readiness for transport) by the customer or a third party commissioned by the customer.
11. Entity in Charge of Maintenance (ECM)
11.1According to Regulation 2019/779, every vehicle must be assigned to an entity responsible for maintenance (Entity in Charge of Maintenance, or „ECM“). This ECM must also be certified.
11.2The customer is obligated to ensure that the wagons provided by it are assigned to an ECM and must be able to provide appropriate proof upon request from RBP.
11.3If the customer provides a wagon that is not assigned to an ECM, RBP may exclude this wagon from transport and charge the customer for any associated costs.
12. Confidentiality
12.1The parties shall treat all information and data arising from the contractual relationship as confidential, unless they are publicly available or publicly accessible, even if they are not marked as confidential. In case of doubt, all information and data must be treated confidentially. Legal disclosure obligations remain reserved.
12.2The obligation of confidentiality exists even before the conclusion of the contract and continues to apply after the termination of the contractual relationship.
12.3The obligation of confidentiality applies to third parties. The disclosure of confidential information within the Group or to third parties, such as insurers, shall not constitute a breach of the obligation of confidentiality. This applies to the customer to the extent that the disclosure is necessary for the performance of the contract.
13. Data Protection
13.1The parties undertake to comply with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
13.2Personal data may only be processed for the purpose of the contract and to the extent necessary for its fulfillment and implementation.
13.3RBP remains the sole owner of its personal data provided by RBP or on its behalf in connection with this contract.
13.4The customer may not disclose RBP’s personal data to third parties without RBP’s written consent.
13.5The Customer undertakes to take and continuously implement all economically reasonable and appropriate technical and organizational measures and precautions (particularly concerning its employees) to secure (personal) data and protect it from unauthorized or unlawful processing and accidental loss, destruction, or accidental damage.
13.6At RBP’s request, the processing of personal data by the Customer shall be subject to an additional data protection agreement.
14. Limitation Period
Subject to mandatory statutory provisions, all claims against RBP shall expire after one year. The limitation period shall run from the date of delivery of the transported goods or, in the event of loss, damage, or delay, from the date on which delivery should have taken place.
15. Applicable Law
This contract is governed exclusively by German law. The provisions of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on April 11, 1980, CISG) and the conflict of law provisions of private international law are expressly excluded.
16. Place of Jurisdiction
The contracting parties agree that the courts with subject-matter jurisdiction at RBP’s registered office shall have exclusive jurisdictions for all disputes arising from or in connection with this contract.