These Terms & Conditions are issued by CARGO CREW Germany GmbH, De-Saint-Exupéry-Straße 10, 60549 Frankfurt am Main, Germany, and apply to bookings and purchases handled by CARGO CREW in Europe. Rates, surcharges and special agreements are confirmed in writing for each booking.
1. Regulations and Applicability of Terms & Conditions
Cargo Crew acts as a General Sales Agent (GSA) in Europe, representing our portfolio of services. We facilitate the sale of our services through Cargo Crew's representation in Germany and the Netherlands.
Booking cargo on a flight shall signify the booking party's explicit consent to abide by the Sales Terms & Conditions outlined herein and their acknowledgment of the terms' applicability to cargo delivery. The Sales Terms & Conditions comprise three parts: Part 1 – Sales Terms and Conditions(Ex Europe), which are applicable across all of Europe, and Part 2 – Sales Terms and Conditions which apply specifically to the country where the cargo is handed over and Part 3 – General terms and Conditions which apply to all business relationships between Cargo Crew and its suppliers .
Furthermore, both the "General Cargo Rate" Sheets distributed via email and any "Special Rate Agreements" are integral components of these Sales Terms & Conditions and are subject to their governance.
The Sales Terms & Conditions take precedence over any terms & conditions or "Cargo Transportation Agreements" provided by the Airlines or any other transportation agreements. In the event of a conflict, the following hierarchy applies: first, the transportation agreement; second, the terms and conditions of the respective Airline; and third, these Sales Terms & Conditions.
If no other law is specified in the transportation agreement or the Airlines' terms and conditions, the laws of Germany govern these Sales Terms & Conditions, as well as any agreements or bookings related to cargo delivery, including non-contractual matters. Furthermore, if no other jurisdiction is specified in the transportation agreement or the Airlines' terms and conditions, the German Courts, particularly those in Frankfurt am Main, have jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising from or related to these Sales Terms & Conditions and/or agreements or bookings related to cargo delivery.
2. Validity and Applicability of Rates and Surcharges
Airfreight rates are quoted in Euro per kilogram and are net/net, applicable for general cargo unless specified otherwise.
Rates are valid from the online gateways of the respective Airline, unless stated otherwise.
Cargo delivery or pick-up from airports other than the airlines' online operation gateways or drop-off points, as published in Part 2 – the local country terms, is available upon ad-hoc request only.
Rates are calculated based on chargeable weight, with a weight/volume ratio of 1:6 (1 cubic meter = 167 kilograms chargeable weight).
Surcharges, special commodity fees, and other consignment-related charges are not included in the airfreight rates and are subject to change without prior notice, even during the validity period.
Airfreight rates and surcharges apply as published on the respective flight date (Date of Departure = Accounting Date).
The issuance of air waybills on a "charges collect" basis for "cash on collection" (CC) is not permitted.
Conjunction Air Waybills (AWBs) for loose cargo are not accepted, except within our own Breakdown and Build-up (BUP) or Special Load Units (SMUs).
General cargo rates are based on loose delivery. Negotiable agreements for BUP deliveries are available upon request.
Unless otherwise specified in the BUP airfreight rate quotation, a rate add-on per kilogram must be applied for loose delivery.
3. Cancellation Fees
Chargeable weight: 5.000 up to 10.000 kg
Cancellation fee
72 hours before LAT
25 % of the total net airfreight charges
48 hours before LAT
50 % of the total net airfreight charges
24 hours before LAT
75 % of the total net airfreight charges
18 hours before LAT
100 % of the total net airfreight charges
Chargeable weight: + 10.001 kg
Cancellation fee
96 hours before LAT
25 % of the total net airfreight charges
72 hours before LAT
50 % of the total net airfreight charges
48 hours before LAT
75 % of the total net airfreight charges
24 hours before LAT
100 % of the total net airfreight charges
LAT, which stands for "Latest Acceptance Time," is defined with respect to the type of cargo, taking into account any additional time required for special commodities. Detailed information regarding special commodities can be found in part 2 under point 9.
4. NO-SHOW Fees
In the event of a "no show," where the cargo does not arrive as scheduled, 100% of the net airfreight rate will be charged based on the booked Air Waybill (AWB) number.
For delayed deliveries, i.e., those arriving after the Latest Acceptance Time (LAT), 100% of the net airfreight price will be charged, along with a new rate that must be negotiated separately for the alternative departure.
5. Payment
Shipments are exclusively accepted by the airline(s) under the following conditions:
Payments must be made through an invoice.
Alternatively, prepayment against a separate invoice is required for customers with uncertain financial status. Additionally, a service fee per shipment, as outlined in part 2 of the Terms & Conditions – Country level under processing fee, is applicable.
The decision regarding which prefix and payment method are accepted lies with the airline(s) and/or the GSA.
Payments must be settled through an invoice in accordance with its rules and procedures unless otherwise agreed by the parties.
Any discrepancies identified by either party in the invoice must be reported to the other party promptly, but no later than 90 days from the date of the Master Air Waybill (MAWB) issue. After the expiry of 90 days, the parties are deemed to have accepted the invoice and all amounts stated therein.
6. Terminology of Special Commodities – not considered as General Cargo
Airfreight rates for general cargo are not applicable to the below-listed cargo types and/or transportation methods. For these, an individual request is necessary.
General Cargo Rates do not apply for:
Dangerous Goods – all classes
AOG – aircraft on ground
A/C spares – aircraft spare parts
VHC – very heavy cargo as of 5 tons
TRC – tall rigid cargo over 244 cm
OHG – overhang – 318 cm in length, 244 cm in width
PEF – flowers
PES – fish and seafood
Outsized cargo, overhang, and unpacked cargo require a specific request for consideration. Special handling costs, such as crane fees, thermo vehicle charges, and storage for temperature-controlled cargo, are typically not included and will be invoiced separately based on actual expenses incurred.
Part 2 – Sales Terms & Conditions – Country level: Germany
Effective 19 March 2024 until further notice
Surcharges for special commodities and other consignment-related expenses are specific to each location and may vary based on the country where the cargo is handed over to the Airline or its agents/subcontractors.
Therefore, these charges are outlined in detail in the second part for each European country individually.
7. Other Charges
7.1. Securing of "unsecured delivered" cargo
Charges – for delivery and uplifts ex:
Frankfurt
Other Dep Airport
Unsecured Freight Fee
On request
On request
7.2. Warehouse Charges
Storage Fees – for delivery and uplifts ex:
Frankfurt
Other Dep Airport
General cargo
On request
On request
Dangerous Goods
On request
On request
7.3. Special Equipment
On request !
7.4. Processing Fees
Charges – for delivery and uplifts ex:
Frankfurt
Other Dep Airport
CCA (Charges Correction Advise) fee
On request
On request
POD (Proof of Delivery) fee
On request
On request
7.5. Electronic Customs Notification
Surcharges – for delivery and uplifts ex:
Frankfurt
Other Dep Airport
For electronically submitted data for shipments to all countries within the airline's scheduled cargo operations network, FWB and FHL charges apply per entry.
On request
On request
For manually entered data for shipments to all countries within the airline's scheduled cargo operations network, excluding China, FWB and FHL charges apply per entry.
On request
On request
For manually entered data for all shipments to China, FWB and FHL charges apply per entry.
Part 3 – General Terms and Conditions for Purchase
1. General stipulations, scope
These General Terms and Conditions of Purchase apply to all business relationships between Cargo Crew ("CC") and its suppliers ("Supplier"). These Terms are applicable only if the Supplier is a business entity, a legal entity under public law, or a special asset governed by public law.
These Terms specifically cover contracts for the purchase and/or supply of movable goods ("goods"), regardless of whether the Supplier manufactures or purchases them (§ 433, § 651 of the German Civil Code). The current version of these Terms serves as a framework for all future agreements with the same Supplier, without requiring CC to reference them in each case.
Only CC's Terms apply. Any differing, conflicting, or supplementary terms from the Supplier are excluded from the business relationship and agreements with CC. This applies even if CC accepts goods without reservation while aware of the Supplier's different terms. Silence from CC shall not be considered acceptance of any contrary terms.
Any declarations and notifications of legal significance that the Supplier must provide to CC before or after an agreement (such as setting deadlines, defect notices, declarations of withdrawal, or price reductions) must be in writing to be effective. Transmission via email or post is acceptable. This requirement also applies to changes and amendments to the contractual terms and agreements.
2. Conclusion of the Agreement
An agreement is formed when CC places an order and the Supplier accepts it. A purchase agreement only becomes effective upon the Supplier's acceptance of the order. Any changes or amendments to the order by the Supplier will be considered a rejection unless the modified acceptance is confirmed by CC.
Orders and acceptances must be in writing. This requirement is satisfied by transmission via fax or email. Any verbal or telecommunication agreements must be confirmed in writing by CC to be valid.
Orders placed by CC must be accepted by the Supplier within 14 calendar days of receipt. If the Supplier does not accept the order within this period, CC has the right to cancel the order.
CC may request changes to the agreement's subject matter after the agreement is concluded, provided these changes are reasonable for the Supplier. The impact of such changes on both parties, including any additional or reduced costs and delivery dates, must be fairly considered.
CC retains ownership of all catalogs, technical documentation (such as drawings, plans, calculations, and DIN standard references), and other production descriptions or documents, including electronic versions. These documents may not be shared with third parties without CC's prior written consent. Upon completion of all deliveries related to these documents, they must be returned to CC
3. Delivery period and delay in delivery
The delivery date will be specified by CC when placing the order or agreed upon individually. These stated or agreed delivery dates are binding and must be adhered to by the Supplier. The receipt of goods at the location specified by CC in the order will determine compliance with the delivery date.
The Supplier must promptly notify CC of any potential delays in meeting a delivery date, including the causes and expected duration of the delay. This notification does not affect any claims arising from the delayed delivery.
If delivery deadlines are not met, the Supplier will be considered in default without requiring special notification. Upon default, the Supplier must inform CC in writing about the delay. In such cases, the Supplier must pay liquidated damages amounting to 1% of the net price of the delayed consignment per calendar week, up to a maximum of 5%. Additionally, statutory provisions apply if the delivery date is missed. Specifically, after setting a grace period without receiving the delivery, CC may withdraw from the agreement and seek greater compensation in place of performance.
If goods are delivered before the delivery date, CC has the right to return them to the Supplier at the Supplier's expense. If CC opts not to return the goods, it will store them until the delivery date at the Supplier's expense and risk.
Force majeure, operational disruptions for which CC is not responsible, unrest, government actions, and other unavoidable events release CC from the obligation to accept deliveries on time for the duration of these events. During such events and for two weeks afterward, CC has the right to withdraw from the agreement in whole or in part if the event does not end within a reasonable time and CC's needs have decreased due to procuring goods elsewhere. In these cases, CC is not obligated to compensate the Supplier for any costs incurred.
4. Delivery, packaging, transfer of risk
CC must be notified of shipments via a dispatch note, which should include at a minimum the type, quantity, and weight of the goods. Dispatch notes, waybills, invoices, and all other correspondence must reference the CC order number. Each consignment must include a duplicate delivery note with all necessary delivery information.
Packaging materials should be used only as necessary and must be taken back by the Supplier in accordance with the German Packaging Regulations (Verpackungsverordnung) at no charge. The location for returning packaging is the same as the delivery location. Nevertheless, items intended for shipment must be properly packaged. The Supplier is responsible for any losses or damage to the consignment due to inadequate packaging.
Deliveries should be made to the location specified by CC unless an alternative place of performance has been agreed upon by CC and the Supplier. Deliveries must fulfill the entire scope of the order. Partial deliveries are generally not allowed unless expressly agreed upon by CC or if partial delivery is reasonable for CC.
The risk of accidental loss and deterioration of the goods transfers to CC upon proper handover at the designated acceptance point at CC or to a party commissioned by CC. Before handover, the Supplier bears the risk of accidental loss and deterioration. CC staff will act as agents of the Supplier in executing the delivery of goods.
Any delay in acceptance by CC will be assessed according to statutory provisions. The Supplier must offer the service to CC even if a specific time for CC's action or cooperation has been agreed upon. If CC is late in accepting delivery, the Supplier may demand compensation for expenses as per statutory provisions.
5. Prices, invoices, terms and conditions of payment
Unless otherwise agreed, the Supplier's prices are inclusive of delivery to CC's designated acceptance point, covering all transport, secondary packaging, and main packaging costs. These prices do not include value-added tax.
Invoices must be issued in Euros and sent in duplicate to CC after delivery is completed. Each invoice must include the invoice number and all relevant data to link it to the supplied goods, accompanied by all necessary documents. Invoices should be sent to the address specified in the order and must not be attached to the consignments.
CC will pay invoices at its discretion either within 14 days or within 30 days net after the remuneration claim becomes due and upon receipt of the invoice. If the invoice is received before the goods, the payment period begins upon receipt of the final part of the consignment. Payment is subject to the verification of the respective invoice.
6. Assignment, offsetting, rights of retention
The transfer of the entire or partial execution of the order to third parties, as well as the assignment of claims arising from the contractual relationship, requires prior written consent from CC. This consent requirement does not apply to the assignment of monetary claims arising from this Agreement. If claims are assigned without consent, CC may still make payments to the Supplier as the current creditor, effectively discharging the obligation.
CC reserves the right to fully exercise statutory offsetting and retention rights. The Supplier may only exercise offsetting or retention rights against CC's claims if such claims are undisputed or have been confirmed by a court or government authority
7. Reservation of title
CC retains ownership of any materials provided to the Supplier for processing as part of the business relationship, as well as ownership of any drawings, graphics, illustrations, diagrams, calculations, and similar documents. The Supplier is authorized to process and use these materials and documents in the course of regular business. The following provisions apply accordingly.
This retention of title extends to products resulting from the processing, mixing, or combining of these materials, with CC considered the manufacturer. If third-party property rights are involved in the processing, mixing, or combining, CC will acquire co-ownership of the resulting product in proportion to the invoice values of the respective materials. The same conditions apply to the resulting product as to the original materials provided under retention of title.
Materials may only be combined with other movable objects considered to be the main object with prior written consent from CC. The Supplier is liable to CC for any loss or damage to CC's property.
Any retention of title by the Supplier is valid only if it pertains to CC’s payment obligations for the respective services provided (simple retention of title). Any expanded or extended retention of title is excluded.
8. Obligation to report defects and warranty claims
Goods accepted by CC are subject to inspection to ensure they are free of defects, as feasible within proper business procedures. For visible defects, CC can fulfill its obligation to report defects by notifying the Supplier within 14 days of delivery. For hidden defects, CC must report within 14 days of discovering the defect. The Supplier waives the right to claim late notification of defects.
The Supplier bears full liability for goods supplied, in accordance with statutory provisions relating to material and legal defects, as well as under the following stipulations.
CC reserves the right to repair supplied goods at the Supplier's expense if CC has a special interest in the immediate use of the goods due to specific circumstances, such as preventing imminent damage, and if time constraints prevent the Supplier from performing the repair. CC will notify the Supplier in writing, by fax, or by email before commencing repair work.
If CC incurs costs due to the supply of defective goods, including transport, road, labor, assembly, disassembly, material, or additional inspection costs beyond the usual scope, the Supplier shall bear these expenses. The return of rejected goods to the Supplier will be at the Supplier's cost and expense.
The Supplier warrants that the goods are free from third-party rights and that no third-party rights are infringed by the supply or use of the goods. The Supplier ensures that CC can use the goods, including any repairs, modifications, or additions, both in Germany and abroad. If third-party rights are violated, the Supplier will indemnify CC against any such claims, regardless of fault. Additionally, CC is entitled to claim compensation from the Supplier for any resulting damages.
The warranty period is 36 months from the transfer of risk, except in cases of bad faith. This does not affect the right to claim longer statutory warranty periods. If the Supplier fulfills its obligation by providing a replacement, a new warranty period will commence upon delivery, unless the Supplier expressly states that the replacement is provided out of goodwill, to avoid disputes, or in the interest of maintaining the supply relationship.
9. Information obligations, in particular relating to export restrictions
Regardless of any other information obligations specified in an agreement, each party must assist the other party in providing necessary information and documents (referred to here as "information") to comply with respective export control laws and regulations. This includes responding to requests from government authorities, particularly regarding approvals and permit procedures.
Specifically, the Supplier must notify CC if the supplied goods or significant components are subject to export restrictions under German law (especially Annex 1, part 1, Annex AL of the Foreign Trade Regulation, AWV) or under European law (especially Annex I of the Dual-Use Regulation 428/2009). General Note 2 of Annex I of the Dual-Use Regulation 428/2009 outlines cases where components are considered significant.
The obligation to provide information is not overridden by any existing confidentiality agreements. If necessary, exemption from such confidentiality agreements may be requested if applicable export control regulations require the transmission of technical details to the relevant government authorities.
10. Supply of goods not subject to export restrictions
The Supplier must give preference to utilizing goods and essential components that are not subject to any export restrictions as defined in § 9, section 2.
11. Other liability
Unless stated otherwise in these General Terms and Conditions of Purchase, the Supplier is liable for breaches of contractual and non-contractual obligations according to statutory provisions.
In cases where claims are made against CC due to product defects or violations of safety regulations, the Supplier must indemnify CC upon the first demand and cover all associated costs and expenses if the supplied goods were defective or caused the damage. However, this indemnification is contingent upon the Supplier's culpability. If the damage results from the Supplier's actions, the burden of proof lies with the Supplier to demonstrate their lack of culpability.
If the Supplier's services involve parts intended for installation in an aircraft, in addition to general third-party liability and product liability insurance, the Supplier must maintain an extended aviation product liability insurance policy with adequate coverage. This requirement is waived if the specific contract risk is already covered by existing insurance policies. Upon request, the Supplier must provide evidence of all insurance policies to CC.
Claims for damages against CC are only admissible in cases of willful intent or gross negligence. In instances of culpable breach of significant contractual obligations, CC is liable only for foreseeable damages typical of the agreement. However, this limitation does not apply in cases where CC is liable under the German Product Liability Act or for damages related to personal injury, impairment of health, or loss of life.
12. Termination of the Agreement and non-disclosure
Apart from statutory rights, CC reserves the right to immediately withdraw from or terminate the Agreement under certain circumstances. These include if the Supplier discontinues supplying its customers, experiences a significant deterioration in financial standing, meets the statutory definition of insolvency, or applies for insolvency proceedings. Additionally, CC may act if the Supplier applies for a proceeding to reschedule debt on its assets.
If CC exercises the aforementioned rights of withdrawal or termination, the Supplier must compensate CC for any resulting damages unless the Supplier is not responsible for the circumstances leading to withdrawal or termination. This compensation does not limit any other statutory claims.
CC may also withdraw from or terminate the Agreement if the goods are intended for installation in a larger product manufactured by CC, planned for use in an EU member state or for export to a third country, and if the relevant government authority:
Rejects the import/export permit, or
Fails to issue the required permit within three months after the scheduled delivery date.
CC reserves the right to withdraw from the Agreement if the customer of the larger product takes actions that violate export control regulations of the Federal Republic of Germany or the European Union, or if there is a possibility of such violation.
The Supplier must treat all non-public business or technical information obtained through the relationship with CC confidentially. This obligation extends to upstream suppliers and subcontractors and remains in effect even after the business relationship ends.
13. Place of performance, governing law and legal venue
The place of performance for the delivery of goods as per the order is the designated delivery location. Payments are to be made to Cargo Crew Germany GmbH in Frankfurt.
These General Terms and Conditions of Purchase, along with all legal relationships between CC and the Supplier, are governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
The exclusive legal venue for any disputes arising directly or indirectly from the contractual relationship shall be the courts with jurisdiction over CC's office. However, CC reserves the right to take legal action at the Supplier's general legal venue.
If any provision of these Terms and Conditions of Purchase is deemed invalid according to statutory provisions, the remaining provisions shall remain unaffected. Both CC and the Supplier are obligated to fill any resulting gaps with provisions that best serve the economic purpose of the agreement.
