Version 1.1 — in force from 16 September 2026
MYOBC Time-Critical Logistics B.V., Capronilaan 16, 1119 NR Schiphol-Rijk, the Netherlands — Chamber of Commerce 95451196 — VAT NL867135967B01
Download the General Terms and Conditions (PDF, 33 pages)
These Conditions apply to every offer, quotation and agreement between MYOBC and the Client. They consist of Part A, which applies to all Services, together with the Part that applies to the Services concerned:
- Part A — General provisions (applies to all Services)
- Part B — Carriage services (On Board Courier services and the arranging of carriage by air, road or rail)
- Part C — Air charter services
A copy is supplied free of charge on request via info@myobc.eu.
PART A — GENERAL PROVISIONS
Article 1 — Definitions
1.1 In these Conditions the following terms have the following meanings, unless expressly stated otherwise or unless the context requires otherwise:
a. MYOBC: MYOBC Time-Critical Logistics B.V., a private limited company incorporated under the laws of the Netherlands and established in the Netherlands, registered with the Netherlands Chamber of Commerce under number 95451196 and holding VAT identification number NL867135967B01, being the user of these Conditions. The registered office of MYOBC is that recorded in the Netherlands Chamber of Commerce register from time to time.
b. Client: the legal entity or the natural person acting in the exercise of a profession or business who instructs MYOBC to perform Services.
c. Agreement: any agreement between the Client and MYOBC for the performance of Services, including every amendment and addition to it.
d. Services: any and all services performed by MYOBC, including On Board Courier services, air charter services, the arranging of carriage by air, road or rail, and all ancillary services including customs formalities, packing, repacking, storage in transit and handling.
e. Consignment: the goods, including documents, packing and packaging materials, which MYOBC carries or arranges to be carried on the instructions of the Client.
f. Consignor: the person or company from whom the Consignment is collected.
g. Consignee: the person or company to whom the Consignment is to be delivered.
h. Courier: the natural person engaged by MYOBC to accompany a Consignment as an On Board Courier.
i. Operator: an air carrier providing an aircraft and crew for an air charter.
j. Third Party: any carrier, operator, handling agent, customs broker, warehouse keeper, subcontractor or other party engaged by MYOBC in connection with the Services.
k. Conditions: these General Terms and Conditions of MYOBC, comprising Part A together with whichever of Parts B and C applies to the Services concerned, referred to throughout as "these Conditions".
l. Website: www.myobc.eu.
m. In writing: in writing or by email, and any other electronic means agreed between the parties.
n. SDR: Special Drawing Right as defined by the International Monetary Fund.
o. Convention: whichever of the following applies to the carriage concerned: the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929, in any of its amended forms, including as amended at The Hague on 28 September 1955 and by Additional Protocols Nos. 1, 2 and 4 of Montreal (1975); the Guadalajara Supplementary Convention (1961); the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999; the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19 May 1956 (CMR); and the Uniform Rules Concerning the Contract for International Carriage of Goods by Rail (CIM); in each case together with the limits provided by that Convention as revised from time to time.
p. Framework Agreement: a written agreement signed by both parties governing a continuing relationship between them.
1.2 The singular includes the plural and vice versa. Headings are for convenience only and do not affect interpretation.
Article 2 — Scope and structure
2.1 These Conditions apply to every offer, quotation and Agreement between MYOBC and the Client, and to all legal relationships arising from them, including non-contractual claims. They govern all activities and Services of MYOBC, whether performed directly or through a Third Party.
2.2 These Conditions consist of Part A, which applies to all Services, together with the Part applicable to the Services concerned:
a. Part B applies to carriage services, being On Board Courier services and the arranging of carriage by air, road or rail; b. Part C applies to air charter services.
2.3 Where MYOBC performs more than one type of Service under a single Agreement, each Part applies to the corresponding element of the Services.
2.4 Where MYOBC performs Services in respect of which neither Part B nor Part C applies, Part A applies together with such industry conditions as MYOBC has stipulated in writing.
2.5 These Conditions supersede all previous versions in respect of Services performed after the date on which they come into force.
2.6 Order of precedence. In the event of conflict, the following order applies, the earlier prevailing over the later:
a. provisions of mandatory law or of a Convention from which the parties may not derogate; b. a Framework Agreement signed by both parties; c. a written agreement signed by both parties which expressly departs from these Conditions; d. the applicable Part B or C; e. Part A; f. any industry conditions incorporated by reference under these Conditions.
2.7 MYOBC expressly rejects the applicability of any purchasing, procurement or other conditions of the Client, whether or not referred to in the Client's order, purchase order or other documentation. This rejection is repeated on every MYOBC quotation.
2.8 Any departure from these Conditions, and any acceptance of conditions of the Client, is valid only if agreed in writing by a director of MYOBC or by a person expressly authorised in writing by a director for that purpose. No other person is authorised to vary these Conditions, and no conduct, course of dealing or failure to object constitutes such a variation. A departure applies only to the Agreement for which it was agreed and creates no entitlement in respect of any other Agreement.
2.9 If any provision of these Conditions is or becomes void or is annulled, or if a gap appears, the remaining provisions remain in full force. The void or annulled provision shall be replaced, or the gap closed, by a valid provision which reflects as closely as possible the purpose and intent of the original.
2.10 The fact that MYOBC does not at any time require strict compliance with these Conditions does not mean that the provisions do not apply or that MYOBC loses the right to require strict compliance in any other case.
2.11 MYOBC is entitled to amend these Conditions. The version in force at the time the Agreement is concluded applies to that Agreement.
Article 3 — Capacity of MYOBC
3.1 MYOBC contracts as a forwarder (expediteur) and not as a carrier, unless:
a. MYOBC has expressly agreed in writing to act as carrier in respect of the Services concerned; or b. mandatory law qualifies MYOBC as a carrier in respect of the Services concerned.
3.2 Part B sets out the capacity in which MYOBC acts in respect of carriage services. Part C sets out the capacity in which MYOBC acts in respect of air charter services.
3.3 Where MYOBC acts as a forwarder, MYOBC undertakes to arrange for the carriage of the Consignment and does not undertake to carry it itself. MYOBC is free to select the Third Party and, unless otherwise agreed in writing, the route, the mode of transport and the means of transport.
3.4 Where MYOBC acts as a forwarder and the Client requests in writing the identity of the Third Party engaged to perform the carriage, MYOBC shall provide that information in writing in accordance with Article B8.
3.5 A fixed, all-inclusive or lump-sum price does not of itself mean that MYOBC contracts as a carrier.
Article 4 — Offers, quotations and formation of the Agreement
4.1 Every offer and quotation of MYOBC is without obligation, including where a period for acceptance is stated. MYOBC may withdraw an offer or quotation, in which case no Agreement is concluded, notwithstanding acceptance by the Client within the stated period.
4.2 A quotation is at all times subject to seat, space and capacity availability at the time of booking, and to confirmation by the carrier, airline or Operator concerned. MYOBC is entitled to requote or to withdraw a quotation at any time before the Agreement is concluded, including where availability, fares, rates or charges have changed. Where a quotation states a period within which the Client must confirm in order to secure the terms offered, that period does not oblige MYOBC to hold the quotation open and does not limit this Article.
4.3 The Client warrants the accuracy and completeness of the requirements, specifications and other information provided by or on behalf of the Client on which MYOBC bases its offer or quotation. Before the Agreement is concluded the Client shall clearly describe the nature, contents, weight, dimensions and value of the Consignment, the collection address, the delivery address and any required timings.
4.4 If it subsequently appears that the description referred to in Article 4.3 was inaccurate or incomplete, MYOBC is entitled to adjust the price and, where the Services can no longer reasonably be performed as agreed, to suspend or terminate the Agreement in accordance with Article 23.
4.5 Prices communicated do not automatically apply to future instructions.
4.6 Obvious errors or mistakes on the Website or in publications, quotations and emails of MYOBC do not bind MYOBC.
4.7 Every quotation, provisional booking and acceptance by the Client is made strictly subject to the satisfactory completion of MYOBC's credit assessment, sanctions screening, know-your- customer and other compliance and risk checks. Until those checks have been completed to the satisfaction of MYOBC, an acceptance by the Client is an expression of intent only and does not bind MYOBC. MYOBC is entitled at its sole discretion to decline or withdraw any quotation, provisional booking or acceptance on the basis of those checks, without liability and without being obliged to give reasons.
4.8 Subject to Article 4.7, the Agreement is concluded when MYOBC confirms the Client's instruction in writing, or when MYOBC commences performance of the Services, whichever occurs first.
4.9 Electronic conclusion. The parties agree that a quotation, an acceptance, a confirmation and any other communication given by email, through the Website, through a web form or through any electronic interface agreed between them satisfies any requirement of writing, binds the party giving it, and has the same effect as a signed document. No handwritten or electronic signature is required for the conclusion of an Agreement.
4.10 MYOBC makes these Conditions available to the Client before or at the time the Agreement is concluded by referring to them in its quotations, invoices, email signatures and other correspondence, and by making them available there as a document which the Client can download, save and reproduce, at https://myobc.eu/terms-and-conditions. MYOBC supplies a copy free of charge on request. The Client's acceptance of these Conditions is recorded by MYOBC.
Article 5 — Prices, surcharges and taxes
5.1 All prices are exclusive of VAT and of any other tax, levy or duty. VAT is charged at the rate applicable under Dutch law, or is zero-rated or reverse-charged where the applicable VAT rules so provide. The Client shall provide a valid VAT identification number on request and is responsible for the accuracy of that number. Where a zero rate or reverse charge is applied on the basis of information provided by the Client which proves to be incorrect, the resulting VAT, interest and penalties are for the account of the Client.
5.2 Unless expressly stated otherwise, prices are exclusive of import and export customs formalities, customs duties, import VAT, excise and all other charges of a comparable nature.
5.3 Prices are quoted in the currency stated in the quotation. Where MYOBC incurs costs in a different currency, MYOBC is entitled to apply the exchange rate at the date the cost is incurred.
5.4 MYOBC is entitled to pass on to the Client, without mark-up unless otherwise agreed:
a. increases in air fares, rail fares, charter rates, freight rates and fuel costs occurring after the date of the quotation; b. security charges, handling charges, de-icing charges, parking and ground handling charges, overflight and navigation charges, and airport, station and slot charges; c. charges arising from a change to the routing, schedule, timing or means of transport requested by the Client or required by an authority; d. demurrage, detention, storage and waiting charges, however arising; e. any duty, tax, fine or penalty for which MYOBC is held liable and which is recoverable from the Client under these Conditions; f. costs arising from events beyond the control of MYOBC, including delays caused by weather, strikes, customs, security checks and airport or station closures.
5.5 Where MYOBC is delayed in collecting or delivering a Consignment, or is otherwise delayed in performing the Services, and the delay is attributable to an act or omission of the Client, the Consignor or the Consignee, all costs arising from that delay are for the account of the Client. Such costs include in any event: standby, rebooking, accommodation and subsistence costs of a Courier; charges levied by an airline, a rail operator, an Operator, an airport, a station or a handling agent; demurrage, detention and storage charges; and the cost of any additional resource committed by MYOBC.
5.6 Amounts due to MYOBC under this Article are payable in accordance with Article 15.
Article 6 — Obligations of the Client: information and documents
6.1 The Client shall provide to MYOBC, in good time, all information and documents which MYOBC indicates are necessary, including for the purposes of customs formalities, security screening and carrier acceptance, or which the Client should reasonably understand to be necessary for the performance of the Agreement.
6.2 MYOBC is not obliged to verify the accuracy or completeness of the information or documents provided.
6.3 The Client is responsible at all times for the accuracy and completeness of the information and documents it provides, and for the instructions it gives.
6.4 All costs incurred by MYOBC as a result of inaccurate or incomplete information or documents provided by the Client, or as a result of following the Client's instructions, shall be charged to the Client.
6.5 The Client shall inform MYOBC without delay of any fact or circumstance which may be relevant to the performance of the Agreement, including any change to the details of the Client, the Consignor or the Consignee, any safety concern, and any potential hindrance to transport which becomes known to it.
6.6 The Client warrants that it is authorised to tender the Consignment for carriage, and shall verify the identity of the Client, the Consignor and the Consignee in accordance with applicable sanctions legislation.
6.7 The Client shall ensure that the Consignment can be collected and delivered at the agreed times and locations, and that all information required by the Consignee in order to accept the Consignment is available.
6.8 The Consignment shall be packed in a manner fit for transport, having regard to the nature of the goods, the mode of transport selected and the duration of the journey, and shall be legibly and durably marked and labelled. The Consignment must not endanger the means of transport, the safety of the transport, any person or any other goods, or cause nuisance to passengers. MYOBC is not liable for, and the Client indemnifies MYOBC against, any claim relating to damage to or loss of the Consignment caused or contributed to by defects in packing, marking or labelling used by the Client.
6.9 The Client shall satisfy itself that the mode of transport selected is appropriate for the Consignment.
6.10 The Client shall comply with all laws and regulations applicable to it in connection with the Consignment and the Services, and is liable for all loss arising from any failure to do so, whether or not it is at fault.
Article 7 — Sanctions, export control and compliance
7.1 The Client warrants that, in respect of every Consignment and every Agreement:
a. neither the Client, the Consignor, the Consignee, nor any party with an interest in the Consignment is a person, entity or body subject to restrictive measures under the sanctions regimes of the European Union, the Netherlands, the United Nations, the United Kingdom or the United States, or is owned or controlled by such a person, entity or body; b. the Consignment, its carriage, its destination and its end use do not infringe any applicable export control, dual-use, trade sanctions or embargo legislation, including Regulation (EU) 2021/821; c. all required export, import, re-export and transit licences, authorisations and official notifications have been obtained before the carriage begins, are valid, and have been provided to MYOBC on request; d. the Consignment is not destined, directly or indirectly, for any military, nuclear, chemical, biological or missile end use requiring authorisation which has not been obtained.
7.2 MYOBC is entitled, but never obliged, to screen the Client, the Consignor, the Consignee and any other party against applicable sanctions lists, and to require evidence of end use and end user.
7.3 MYOBC is entitled at any time, including after the Services have commenced, to refuse to perform or to cease performing the Services, to suspend the Services, to stop, hold, return, unload, warehouse or abandon the Consignment, and to report the matter to the competent authorities, where MYOBC has reasonable grounds to suspect that a warranty in Article 7.1 is or may be incorrect, or where a screening identifies a person involved as being listed or as bearing a name similar to a listed person. MYOBC is not liable for any loss arising from the exercise of this right and all costs are for the account of the Client.
7.4 MYOBC is never liable for any loss arising from the seizure, detention, confiscation, forfeiture or destruction of a Consignment by any authority.
7.5 The Client further warrants that it, and every person it involves in the performance of the Agreement, complies with all applicable legislation on bribery, corruption, fraud, money laundering, terrorist financing, modern slavery and human trafficking, and that it has not been the subject of any conviction, finding, fine or penalty by any competent authority in relation to those matters or to sanctions.
7.6 The Client shall provide on request such information and documentation as MYOBC requires in order to verify the identity of the Client, of any person involved in the performance of the Agreement, and of their ultimate beneficial owners. The Client warrants that the information provided is true, accurate and complete, and shall notify MYOBC within 5 calendar days of any change to it, or of becoming associated with any potential violation of the matters referred to in Articles 7.1 and 7.5.
7.7 A breach of this Article is a material breach of the Agreement. MYOBC is entitled, with immediate effect and without liability, to suspend performance of the Agreement and to declare all sums owing immediately due and payable, and to require reimbursement of all loss and cost. MYOBC is entitled to terminate the Agreement in accordance with Article 23. Where continued performance would cause MYOBC to act in breach of sanctions, export control or other applicable legislation, performance is to that extent permanently impossible and no notice of default is required.
7.8 The Client indemnifies MYOBC in full against all claims, fines, penalties, costs and losses arising from a breach of this Article.
Article 8 — Dangerous goods
8.1 MYOBC is entitled to refuse the carriage of dangerous goods without giving reasons. The Client shall not tender a Consignment containing dangerous goods within the meaning of the IATA Dangerous Goods Regulations, the ICAO Technical Instructions, the ADR or the RID, without the prior express written consent of MYOBC.
8.2 Where consent is given, the Client shall:
a. declare the dangerous goods accurately and completely; b. ensure that the Consignment is classified, packed, marked, labelled and documented in accordance with the applicable regulations; c. provide all required declarations, safety data sheets and certificates; d. ensure that any person performing the classification, packing or documentation holds the required valid certification; e. mark the outside of each package with the proper shipping name, the general type and nature of the goods, the technical names and the UN identification numbers, together with the name and telephone number of a contact person able to provide details of the contents throughout the carriage; f. place inside the packaging of each dangerous goods Consignment a document clearly identifying and describing the contents.
8.3 Article 8.1 applies in particular to lithium batteries and equipment containing them, dry ice, diagnostic specimens and biological substances, magnetised material, and goods carried under any excepted or exempted quantity provision.
8.4 Acceptance of a Consignment of dangerous goods by MYOBC does not imply acceptance by the air carrier, rail operator or other carrier concerned.
8.5 Where local regulations, an airport, a station, an airline, a rail operator or another carrier restricts the movement of dangerous goods or imposes an embargo at a place of departure, transit or destination, that place cannot be selected.
8.6 MYOBC is entitled to refuse a Consignment of dangerous goods which leaks, releases odour, has damaged packaging or is otherwise damaged. The Client bears all costs of countermeasures, including return, destruction and accident prevention.
8.7 The Client is fully liable for all loss, cost, fine, penalty and damage suffered by MYOBC, by a Courier, by an Operator, by a Third Party or by any other person arising from the tendering of dangerous goods, whether or not declared, and indemnifies MYOBC in full in that respect.
8.8 Where a Consignment is or appears to become dangerous, MYOBC is entitled to unload, render harmless, destroy or otherwise dispose of it without compensation, at the cost of the Client.
Article 9 — Excluded and restricted commodities
9.1 The Client shall not tender, and MYOBC does not accept, Consignments containing:
a. currency, bearer instruments, negotiable instruments in bearer form, travellers cheques, postage stamps, precious metals in bullion form and loose precious stones, save where expressly agreed in writing; b. narcotics and psychotropic substances, save where carried under a valid licence expressly notified to and accepted by MYOBC in writing; c. weapons, ammunition, explosives and parts thereof, save where expressly agreed in writing; d. live animals, dead animals, plants and plant material; e. foodstuffs and perishable goods; f. tobacco products; g. pornographic material; h. human remains and human body parts, save where expressly agreed in writing; i. counterfeit goods and goods infringing intellectual property rights; j. goods the carriage, storage or possession of which is unlawful in any country of collection, transit or delivery; k. goods the carriage of which is contrary to the policy or conditions of carriage of the carrier concerned; l. any goods which MYOBC considers, in its absolute discretion, cannot be carried safely or lawfully, or which may lead to the interception of or delay to the Consignment or to a Courier.
9.2 Where the Client tenders a Consignment in breach of Article 9.1, MYOBC is entitled to exercise the rights in Article 7.3, and the Client is fully liable for all resulting loss and cost.
9.3 Acceptance of a Consignment by MYOBC does not constitute a waiver of this Article and does not imply that MYOBC has verified its contents.
Article 10 — Inspection, security and screening
10.1 MYOBC, a Courier, a carrier, any authority and any other person entitled by law is entitled, but never obliged, to open, inspect, screen and X-ray a Consignment or any part of it, without prior notice to the Client, at any time, including in accordance with Regulation (EU) 2015/1998 and any other applicable security legislation. This includes the right to examine the contents of a Consignment physically and to take and retain photographs of them.
10.2 Inspection may be carried out for any purpose, including address verification, customs procedures, securing damaged contents, guarding against a risk arising from dangerous goods, and where MYOBC suspects that the contents contravene Articles 7, 8 or 9.
10.3 The Client acknowledges that a Consignment cannot always be opened without damage to its packing or seals, and MYOBC incurs no liability of any kind in that respect.
10.4 The Client acknowledges that X-ray screening may damage radiation-sensitive goods even where it is properly carried out, and that MYOBC is not liable for such damage. Where a Consignment contains radiation-sensitive goods, the Client shall notify MYOBC before the Agreement is concluded.
10.5 Where an inspection shows that the Consignment does not comply with the Agreement or these Conditions, or that its carriage would be contrary to law or to the policy of a carrier, MYOBC is entitled to terminate the Agreement by written notice without any liability to compensate the Client.
10.6 MYOBC is entitled to repack a Consignment in order to reduce its volume or to make it fit for carriage. MYOBC shall never add any item to a Consignment when repacking it.
10.7 Consignments are subject to inspection by customs and other authorities. MYOBC is not liable for any loss, damage or delay arising from such inspection.
Article 11 — Customs
11.1 Unless expressly agreed otherwise in writing, the Client is the exporter of record and the importer of record in respect of the Consignment, and is responsible for all customs duties, import VAT, excise and other charges.
11.2 Where MYOBC or a Third Party performs customs formalities, it does so:
a. as direct representative within the meaning of Article 18 of Regulation (EU) No 952/2013, in the name of and on behalf of the Client, on the basis of a written power of attorney granted by the Client; or b. only where MYOBC has expressly agreed in writing, as indirect representative.
11.3 The Client shall grant the power of attorney referred to in Article 11.2(a) on first request and shall provide all information and documents required for the customs declaration.
11.4 Where a Courier or MYOBC manages a customs process, or gives a statement, declaration or description of a Consignment and its value to any authority, it is entitled to rely on and to submit the information supplied by the Client. In doing so the Courier and MYOBC act solely as the representative and agent of the Client, for the Client's own account.
11.5 MYOBC is entitled to engage its own customs broker where it undertakes customs formalities, for the account of the Client.
11.6 Where the Client does not instruct MYOBC to clear customs, the Client shall arrange for payment of all applicable export and import duties and clearance fees before handing the Consignment over.
11.7 The Client is liable for and shall reimburse MYOBC on first demand for all customs duties, import VAT, excise, charges, fines, penalties, warehouse charges, interest and costs imposed on or claimed from MYOBC in connection with the Consignment, whether or not arising from an error in the declaration, and whether or not MYOBC has agreed to invoice the Consignee, save where caused by the intent or conscious recklessness of MYOBC.
11.8 MYOBC is entitled to require security from the Client in respect of amounts referred to in Article 11.7 before performing any customs formality.
Article 12 — Performance, routing and subcontracting
12.1 MYOBC shall perform the Services to the best of its ability and as a careful contractor.
12.2 Unless expressly agreed otherwise in writing, MYOBC is free to determine the route, the mode of transport, the means of transport, the carrier, the Courier, the airport or station of departure and arrival, and the handling and stopping places, and to change any of them during performance where MYOBC reasonably considers it necessary or desirable.
12.3 MYOBC selects the fastest or most economic transport option available for delivery at the destination, at its discretion.
12.4 MYOBC is entitled to engage Third Parties to perform all or part of the Services, including the handling of customs formalities.
12.5 Where MYOBC engages a Third Party, MYOBC does so on the conditions of that Third Party, including any limitation or exclusion of liability contained in them, and the Client is deemed to have accepted those conditions. Save as provided in Article 12.6 and in the applicable Part B or C, MYOBC is not liable for any act or omission of a Third Party beyond the extent to which MYOBC actually recovers from that Third Party.
12.6 Article 12.5 does not apply to a Courier. The liability of MYOBC in respect of the acts and omissions of a Courier is governed by Article 19 and by Part B.
12.7 Times of collection, transit and delivery communicated by MYOBC are indicative. MYOBC shall use its best endeavours to deliver within the agreed period but does not guarantee it. Exceeding a delivery period does not entitle the Client to compensation or to any other form of remedy, save where expressly agreed otherwise in writing and subject to Article 19.
12.8 MYOBC delivers the Consignment to the Consignee, to the contact person notified to and recorded by the operations team of MYOBC, or to any person or company apparently authorised to receive it on behalf of the Consignee. MYOBC does not guarantee delivery in person to the Consignee. The Client acknowledges that in certain circumstances delivery may be made to a third party, such as a customs agent or handling agent, or to another location to which the Consignee has access. A Consignment is never delivered to a post office box.
12.9 Once the Consignee has signed for receipt of the Consignment, MYOBC has fulfilled its obligations under the Agreement, without prejudice to Article 20.
Article 13 — Insurance
13.1 MYOBC does not arrange, procure, broker or provide insurance of any kind in respect of the Consignment, and does not act as an insurance intermediary. MYOBC is not an insurer.
13.2 The insurance of the Consignment is at all times a matter for the Client. Where the Client wishes a Consignment to be insured, the Client shall arrange that insurance itself, at its own cost and in its own name, before the Consignment is handed over to MYOBC.
13.3 MYOBC gives no advice on insurance, makes no assessment of whether a Consignment is insured or adequately insured, and is under no duty to enquire. An instruction to MYOBC stating that a Consignment is insured does not oblige MYOBC to verify it and does not affect the liability of MYOBC.
13.4 The Client is expressly advised that the liability of MYOBC is limited under these Conditions, that the liability of carriers and other Third Parties is limited under applicable Conventions and conditions, and that these limits are in many cases substantially lower than the value of the Consignment. The Client is recommended to arrange its own cargo insurance for every Consignment whose value it is not prepared to bear itself.
13.5 The liability of MYOBC is not increased, and the limits in these Conditions do not cease to apply, by reason of the Client having failed to arrange insurance, or having arranged insurance which does not respond.
13.6 MYOBC maintains liability insurance appropriate to its activities. The existence and scope of that insurance is a matter between MYOBC and its insurers, confers no right on the Client, and does not extend the liability of MYOBC beyond the limits set out in these Conditions.
13.7 Where the Client has insured a Consignment, the Client shall ensure that its insurer waives all rights of subrogation against MYOBC, or, where such a waiver is not obtained, the Client indemnifies MYOBC against any subrogated claim to the extent it exceeds the limits in these Conditions.
Article 14 — Changes to the Agreement
14.1 Changes to the Agreement are effective only once confirmed by MYOBC in writing.
14.2 Changes to the Agreement, including a change of the collection address, the delivery address, the timing or the contents of the Consignment, may affect the agreed price. MYOBC shall inform the Client of any resulting change in price.
14.3 Where a change requested by the Client requires MYOBC to incur costs which cannot be avoided, those costs are for the account of the Client whether or not the change proceeds.
Article 15 — Invoicing and payment
15.1 MYOBC is entitled to require payment in advance, in whole or in part. The Client shall be notified of that requirement before or at the time the Agreement is concluded. Part C provides for payment in advance in respect of air charter services.
15.2 Save where payment in advance applies, invoicing takes place without delay following delivery of the Consignment. Customs charges and charges under Article 5.4 may be invoiced separately as and when incurred.
15.3 Payment shall be made within 30 days of the invoice date, in the currency stated on the invoice, or within such other period as the parties have agreed in writing.
15.4 Objections to an invoice shall be made in writing within 7 days of the invoice date. After that period the invoice is deemed to have been accepted by the Client as factually and arithmetically correct. MYOBC draws the Client's attention to the effect of this Article.
15.5 Payment shall be made without set-off, deduction, discount, withholding or suspension of any kind, including any deduction in respect of bank charges applied by the remitting or the beneficiary bank.
15.6 A payment by the Client to a Courier does not discharge the Client's payment obligations to MYOBC.
15.7 Time for the making of all payments under the Agreement is of the essence.
15.8 On expiry of the payment period the Client is in default without any notice of default being required.
15.9 From the date on which the amount due becomes payable until the date of payment, the Client owes statutory commercial interest in accordance with Article 6:119a of the Dutch Civil Code.
15.10 All costs of collection following default, both judicial and extrajudicial, are for the account of the Client. Extrajudicial collection costs are fixed at 15% of the principal sum, with a minimum of EUR 100.
15.11 Every payment by the Client is applied first to interest due, then to collection costs, and only thereafter to the outstanding principal.
15.12 MYOBC is entitled to suspend performance of the Agreement, including by retaining the Consignment, where the Client is in arrears, including where the arrears relate to another Agreement. MYOBC shall notify the Client of the suspension in writing. MYOBC is not liable for any loss suffered by the Client as a result of such suspension.
15.13 In the event of liquidation, bankruptcy, attachment or suspension of payments in respect of the Client, all claims of MYOBC against the Client become immediately due and payable.
Article 16 — Credit
16.1 Any credit extended to the Client is granted at the discretion of MYOBC and may be made subject to a credit limit.
16.2 MYOBC is entitled at any time, with immediate effect and without liability, to reduce or withdraw a credit limit, to require payment in advance or security for future Services, and to decline to accept further instructions, where:
a. the Client exceeds its credit limit; b. an amount due to MYOBC remains unpaid after its due date; c. the financial position of the Client deteriorates, or information comes to the knowledge of MYOBC giving good grounds to fear that the Client will not perform its payment obligations; or d. a compliance or risk check under Article 4.7 ceases to be satisfied.
16.3 MYOBC is entitled to obtain credit information concerning the Client from third parties.
Article 17 — Lien, pledge and right of sale
17.1 MYOBC has a right of retention and a right of pledge over all goods, documents and monies which MYOBC holds or will hold for whatever reason and with whatever destination, as security for all claims which MYOBC has or may acquire against the Client, including claims under other Agreements and claims which are not yet due.
17.2 MYOBC is not obliged to exercise this right in respect of goods which are the property of a third party, and the Client indemnifies MYOBC against any claim of a third party in that respect.
17.3 Where the Client fails to pay an amount due, MYOBC is entitled, after giving the Client written notice and a reasonable period to pay, to sell the goods it holds in the manner prescribed by law and to apply the proceeds to the amounts due, without prejudice to the Client's liability for any shortfall.
17.4 Where the goods are perishable, or where storage or retention would give rise to disproportionate cost or risk, MYOBC is entitled to sell or dispose of them immediately.
Article 18 — Undeliverable Consignments and Consignments held in transit
18.1 Where a Consignment cannot for any reason be delivered, where the Consignee refuses to accept delivery, or where the delivery address or the Consignee cannot reasonably be identified or located, MYOBC shall notify the Client, and the Client shall promptly instruct MYOBC how to proceed. Where the Client does not do so within a reasonable time, MYOBC is entitled to decide how to proceed, having regard to the interests of the Client.
18.2 MYOBC shall use commercially reasonable efforts to return the Consignment to the Client, at the Client's cost and risk, including any customs fines arising.
18.3 Where MYOBC considers it necessary to hold a Consignment or any part of it at any place during or after carriage in order to prevent damage or danger, MYOBC is entitled to store it at a warehouse, at any other available place or with the customs authorities, at the expense and risk of the Client, and to hand it to another carrier for onward carriage to the Consignee.
18.4 The Client and the Consignee are jointly and severally liable to MYOBC for all costs, expenses and risks arising under Articles 18.1 to 18.3.
18.5 Where the Client cannot be located, does not accept the return of the Consignment, or does not pay the cost of return, MYOBC is entitled to store the Consignment at the Client's cost and risk, and, after giving the Client written notice and a reasonable period to give instructions or to pay, to sell or otherwise dispose of the Consignment in the manner prescribed by law in exercise of its rights under Article 17, applying the proceeds against the amounts due to it and accounting to the Client for any balance.
18.6 Where the Consignment is perishable, or where storage would give rise to disproportionate cost or risk, Article 17.4 applies and MYOBC may sell or dispose of it immediately.
18.7 MYOBC is not obliged to exercise any right under this Article in respect of goods which are the property of a third party, and the Client indemnifies MYOBC against any claim of a third party in that respect.
18.8 The Client remains liable for the agreed price in accordance with Article 24.1.
Article 19 — Liability of MYOBC
19.1 MYOBC is not liable for loss of, damage to, deterioration of, delay in the delivery of, or non- delivery of a Consignment, or for any other loss suffered by the Client in connection with the Services, save in so far as liability is imposed on MYOBC by a mandatory provision of law or of an applicable Convention from which the parties may not derogate.
19.2 Article 19.1 applies in particular, and without limitation, where the loss is a direct or indirect result of:
a. an event in fact beyond the control of MYOBC and not attributable to its act or omission, including the events described in Article 22; b. any act or omission of the Client, the Consignor, the Consignee, their employees, or other persons engaged by or on behalf of any of them; c. inaccurate or incomplete information or documents provided by the Client, or compliance with instructions given by the Client; d. defects in the packing, marking or labelling used by the Client, or the nature, condition or inherent vice of the Consignment; e. the seizure, detention, confiscation, forfeiture or destruction of the Consignment by any authority; f. any act, omission, decision or change of policy of a carrier, an Operator, a handling agent, an airport, a station, a customs authority or any other authority, including delay in a schedule and the refusal of acceptance, boarding or entry; g. the tendering of a Consignment in breach of Article 7, Article 8 or Article 9; h. inspection or screening carried out under Article 10, including damage to radiation-sensitive goods.
19.3 MYOBC is never liable for consequential loss. Consequential loss includes in any event: loss of turnover, loss of profit, lost savings, production loss, business interruption loss, stagnation loss, delay loss, aircraft-on-ground and equipment-down costs, reputational loss, immaterial loss, labour costs, fines imposed on the Client, costs of recall, costs of substitute transport arranged by the Client without the prior written consent of MYOBC, claims of the Client's own customers, and all indirect loss of whatever origin. This exclusion applies irrespective of whether MYOBC was aware, or ought to have been aware, of the possibility of such loss.
19.4 Fallback limitation. In so far as, notwithstanding Articles 19.1 to 19.3, liability is established against MYOBC by a court, or is accepted by MYOBC, that liability is limited to the lowest of:
a. the limit stated in the applicable Part B or C; b. the amount of the invoice for the Agreement to which the liability relates, or that part of it to which the liability relates; and c. the amount actually recovered by MYOBC from a Third Party in respect of the same loss,
save in so far as, and only to the extent that, this is contrary to a mandatory provision of law or of an applicable Convention.
19.5 The provisions of this Article are severable. Where any exclusion in this Article is held to be ineffective in whole or in part, the limitation in Article 19.4 applies in its place; where the limitation in Article 19.4 is held to be ineffective in whole or in part, the remaining exclusions and limitations continue to apply to the fullest extent permitted. The parties record that they have agreed the price of the Services on the basis of the exclusions and limitations in this Article.
19.6 Articles 19.1 to 19.4 do not apply where the loss is caused by the intent or conscious recklessness of MYOBC or of its own managerial staff. Conduct of any other person, including a Courier, an employee, an agent or a Third Party, is not attributed to MYOBC for the purposes of this Article.
19.7 Himalaya. Every exclusion, limitation, defence and immunity available to MYOBC under these Conditions is equally available to, and may be invoked by, every employee, Courier, agent, Third Party and subcontractor of MYOBC, who for that purpose is deemed to be a party to the Agreement. The Client shall not bring any claim against such a person which, if brought against MYOBC, would be excluded or limited under these Conditions, and indemnifies MYOBC against any such claim.
19.8 Nothing in these Conditions limits the liability of MYOBC to a lower level than that prescribed by any applicable mandatory provision of law or of a Convention.
Article 20 — Claims and time bar
20.1 The Client or the Consignee shall note visible loss or damage on the delivery receipt at the time of delivery. A Consignment accepted by the Consignee without written notice of damage on the delivery receipt is deemed to have been delivered in good condition and in accordance with the Agreement, until the contrary is proved.
20.2 Loss or damage which is not visible at delivery shall be notified to MYOBC in writing as soon as reasonably practicable and in any event within 7 days of delivery, or within 7 days of the date on which the Consignment should have been delivered. Delay shall be notified to MYOBC in writing within 14 days of the date on which the Consignment was placed at the disposal of the Consignee.
20.3 A claim shall describe and quantify the loss claimed, and shall be supported by all relevant documentation.
20.4 Failure to notify in accordance with Articles 20.1 and 20.2 gives rise to a rebuttable presumption that the Consignment was delivered in good condition and on time.
20.5 The Client shall give MYOBC a reasonable opportunity to inspect the Consignment and its packing before any part of it is repaired, disposed of or returned to stock. MYOBC may require that the contents, original shipping cartons and packaging be made available to it for inspection.
20.6 MYOBC is not obliged to consider or act on any claim until all sums due to MYOBC by the Client under any Agreement have been paid in full.
20.7 All claims against MYOBC lapse by prescription, and are barred by expiry of time, unless legal proceedings are commenced and written notice of them is given to MYOBC within 9 months of delivery of the Consignment or, in the case of non-delivery, within 9 months of the date on which the Consignment should have been delivered. This Article is without prejudice to any longer period prescribed by mandatory law or by an applicable Convention, including the two-year period under Article 35 of the Montreal Convention and the periods under Article 32 of the CMR Convention.
20.8 The Client shall provide MYOBC with all information and documents required to pursue recourse against a carrier or other Third Party without delay, and in any event within 7 days of a request. Where the Client fails to do so and recourse is thereby prejudiced, the liability of MYOBC is reduced by the amount which would have been recoverable.
Article 21 — Liability of the Client and indemnity
21.1 Where the Client fails to comply with its obligations under the Agreement, these Conditions or applicable law, or acts unlawfully towards MYOBC, the Client is liable for all loss suffered by MYOBC as a result, whether or not the Client is at fault.
21.2 Where a Consignment contains prohibited substances or other prohibited items, whether or not concealed by the Client or by an employee of the Client, the Client is fully liable for all loss suffered by MYOBC as a result.
21.3 Where a sanction, fine or penalty is imposed on MYOBC, on a Courier or on a Third Party by any authority in connection with the carriage or possession of a Consignment, the Client shall pay all costs incurred by MYOBC as a result.
21.4 Loss and costs under this Article include in any event: fines and penalties imposed, additional costs incurred, costs of legal assistance and legal defence, costs of legal proceedings, labour costs, reputational loss, loss of income, the cost of replacing or repatriating a Courier, and any compensation which MYOBC is required to pay to a Courier, to an Operator or to any third party.
21.5 The Client indemnifies MYOBC against all claims of third parties, including Couriers, Operators, carriers, authorities, Consignors and Consignees, arising in connection with the performance of the Agreement and attributable to the Client.
21.6 The indemnities in these Conditions survive termination of the Agreement.
Article 22 — Force majeure
22.1 The following are in any event regarded as events in fact beyond the control of MYOBC and not attributable to its act or omission, whether or not foreseeable at the time the Agreement was concluded: extreme weather conditions; natural disasters; volcanic ash; acts or omissions of authorities; airspace closures and overflight permit refusals; slot restrictions and airport or station closures; road and rail closures; floods; strikes and industrial action, including at airports, stations, of carriers and of handling agents; blockades; obstruction by third parties, including governments; export and import prohibitions; sanctions and restrictive measures; a means of transport becoming involved in an accident; technical failure; crew duty time limitations; theft; fire; epidemics and pandemics; traffic obstruction; ice; impassable roads; war, hostilities, riots, civil disturbance and terrorism, whether actual, threatened or announced; cyber incidents affecting MYOBC or a Third Party; government measures; changes in the policy or conditions of carriage of a carrier; refusal of a visa, entry or transit to a Courier; and the unavailability of a Courier through illness, injury or immigration refusal. This list is not exhaustive.
22.2 Force majeure also includes a non-attributable failure by a Third Party engaged by MYOBC.
22.3 MYOBC is also entitled to invoke force majeure where the circumstance preventing further performance arises after the time at which MYOBC should have performed its obligation.
22.4 Where an event under Article 22.1 occurs, MYOBC is entitled, without liability, to cancel, terminate, change, reschedule or postpone any carriage, or to continue it without or with only part of the Consignment. MYOBC shall take such steps as are reasonably practicable in the circumstances to commence or continue the carriage.
22.5 Where a situation of force majeure arises, MYOBC shall notify the Client as soon as possible and the parties shall consult with a view to reaching a solution.
22.6 Where a situation of force majeure continues for more than 72 hours, MYOBC is entitled to terminate the Agreement by written notice with immediate effect and without liability.
22.7 Where the Agreement is terminated on grounds of force majeure, the Client shall reimburse MYOBC for all costs already incurred and all commitments already entered into by MYOBC which cannot be avoided.
Article 23 — Suspension and termination
23.1 MYOBC is entitled to suspend performance of the Agreement with immediate effect where, after conclusion of the Agreement, circumstances come to the knowledge of MYOBC giving good grounds to fear that the Client will not perform its obligations.
23.2 MYOBC is entitled to terminate the Agreement where the Client fails to perform its obligations and has not responded to a notice of default. Where performance is permanently impossible, no notice of default is required.
23.3 MYOBC is further entitled to terminate the Agreement where circumstances arise of such a nature that performance is impossible or can no longer reasonably be required, or that continuation of the Agreement in unaltered form cannot reasonably be expected.
23.4 MYOBC is entitled to terminate the Agreement where the Client applies for or is granted suspension of payments, is declared bankrupt or an application to that effect is made, is unable to pay its debts, ceases or liquidates its business, is placed under guardianship, or where an administrator is appointed.
23.5 Where MYOBC suspends performance or terminates the Agreement under this Article, MYOBC is not liable for any loss suffered by the Client as a result, including delay loss.
23.6 Where termination is attributable to the Client, or where MYOBC suspends performance under this Article, the Client shall compensate MYOBC for all direct and indirect loss and costs arising.
23.7 Termination does not affect any debt, claim or cause of action accrued to MYOBC before termination.
Article 24 — Non-performance and cancellation by the Client
24.1 Non-performance attributable to the Client. Where the Services cannot be performed for a reason attributable to the Client or falling within the Client's sphere of risk, including where a Consignment is not made available for collection, does not correspond to the description given, is rejected or refused acceptance, or where the Client fails to respond to a request for instructions within a reasonable time, the Client remains liable to pay the agreed price in full, together with all costs arising, including storage, waiting, standby, return and disposal costs.
24.2 Where the Services cannot be performed for a reason attributable to neither party, Article 22 applies and the Client reimburses MYOBC for all costs already incurred and all commitments already entered into which cannot be avoided.
24.3 Cancellation by the Client shall be made in writing and is effective only on receipt by MYOBC.
24.4 On cancellation the Client shall in all cases pay:
a. all costs already incurred by MYOBC which cannot be recovered, including non-refundable fares, charter commitments, Courier standby and repatriation costs, visa costs and cancellation charges imposed by a Third Party; and b. the cancellation charge set out in the applicable Part B or C.
24.5 Where no cancellation charge is specified in the applicable Part, the Client shall pay the costs under Article 24.4(a) together with 100% of the agreed price by way of compensation for committed capacity, foregone work and administration.
24.6 MYOBC may in its sole discretion waive or reduce a cancellation charge in an individual case. Any such waiver or reduction is valid only if given in writing, applies only to the Agreement concerned, does not constitute a precedent and creates no entitlement in respect of any other Agreement.
24.7 MYOBC shall use reasonable endeavours to mitigate the costs referred to in Article 24.4(a).
Article 25 — Confidentiality
25.1 Both parties are obliged to keep confidential all confidential information which they obtain from each other or from another source in connection with the Agreement, including pricing, the details of a Courier, and the details of a Consignment. Information is confidential where the other party has said so or where this follows from the nature of the information. The receiving party shall use the information only for the purpose for which it was provided.
25.2 Where MYOBC is obliged under a statutory provision or a court order to provide confidential information to a third party designated by law or by the competent court, and MYOBC cannot invoke a right of non-disclosure recognised or permitted by law or by the competent court, MYOBC is not obliged to pay damages or compensation and the Client is not entitled to terminate the Agreement on the grounds of any loss arising.
25.3 This Article survives termination of the Agreement.
Article 26 — Personal data
26.1 MYOBC processes personal data in accordance with Regulation (EU) 2016/679 (GDPR). Further information is set out in the MYOBC privacy policy, available at https://myobc.eu/ privacy-policy.
26.2 The Client warrants that it is entitled to provide to MYOBC the personal data it provides, including the personal data of Consignors, Consignees and contact persons, and that it has given all required information to, and obtained all required consents from, the data subjects concerned.
26.3 The Client acknowledges that the performance of the Services requires the transfer of personal data, including the personal data of Couriers, Consignors and Consignees, to carriers, Operators, handling agents, customs authorities, border authorities and other Third Parties in countries outside the European Economic Area, and that such transfers are necessary for the performance of the Agreement.
26.4 The Client indemnifies MYOBC against all claims arising from a breach of this Article by the Client.
Article 27 — Entire agreement, assignment and third parties
27.1 These Conditions, together with the quotation and confirmation for the Services concerned and any Framework Agreement, set out the entire agreement between the parties and supersede all prior discussions, correspondence, representations, statements, warranties and undertakings, whether oral or written. Any representation or statement not set out in those documents is excluded, including where made negligently. Nothing in this Article excludes or limits liability for fraud or fraudulent misrepresentation.
27.2 The Client may not assign or transfer its rights or obligations under the Agreement without the prior written consent of MYOBC.
27.3 MYOBC is entitled to assign, transfer or subcontract its rights and obligations under the Agreement without the consent of the Client.
27.4 Save as expressly provided in Article 19.7, no provision of these Conditions constitutes a stipulation for the benefit of a third party, and a person who is not a party to the Agreement acquires no rights under it.
27.5 Nothing in the Agreement creates a partnership, joint venture or relationship of agency between the parties, save as expressly stated in Article 11.4.
27.6 Survival. Articles 7, 11, 13, 15, 17, 19, 20, 21, 25, 26, 27, 29 and 30, together with every indemnity and every limitation and exclusion of liability in these Conditions, survive the termination or expiry of the Agreement.
Article 28 — Notices
28.1 Notices under these Conditions shall be given in writing to the address or email address last notified by the party concerned.
28.2 Operational communications may be given by the means agreed between the parties. Notices of default, suspension, termination and claims shall be given by email with confirmation of receipt, or by registered post.
Article 29 — Language
29.1 These Conditions are drawn up and issued exclusively in the English language. MYOBC does not issue a Dutch or other language version. Any translation which may be made or circulated for convenience, by whomsoever prepared, has no contractual effect, and the English text governs in all cases.
29.2 Where industry conditions or a Convention are incorporated by reference, the official text of those conditions or that Convention prevails in respect of their own content.
29.3 Where proceedings are brought before a Dutch court and a translation of these Conditions is required for the purposes of those proceedings, that translation is made for the court's convenience and does not displace Article 29.1.
Article 30 — Governing law and jurisdiction
30.1 All legal relationships to which MYOBC is a party are governed exclusively by Dutch law, including where an obligation is performed wholly or partly abroad or where a party is established abroad. The applicability of the United Nations Convention on Contracts for the International Sale of Goods, and of the rules of private international law referring to it, is excluded.
30.2 Subject to Article 30.3, all disputes arising from or in connection with an Agreement shall be submitted to the competent court in the district in which MYOBC has its registered office at the time proceedings are commenced, at present the District Court of Noord-Holland. This provision does not deprive MYOBC of the right to bring proceedings before any other competent court.
30.3 Article 30.2 applies without prejudice to:
a. any mandatory provision on jurisdiction contained in an applicable Convention, including Article 31 of the CMR Convention and Article 33 of the Montreal Convention; b. Article 30.4.
30.4 All Services of MYOBC, of whatever kind, are subject to the single forum provided by Article 30.2. Any arbitration clause contained in industry conditions incorporated under these Conditions, including the arbitration clause of the Dutch Forwarding Conditions, is expressly excluded. See Article B2.4.
PART B — CARRIAGE SERVICES
This Part is to be read together with Part A. Where a provision of Part A conflicts with a provision of this Part, this Part prevails (Article 2.6).
Article B1 — Scope and capacity
B1.1 This Part applies where MYOBC provides:
a. On Board Courier services, being the arranging of the accompanied carriage of a Consignment by a Courier travelling as a passenger on a commercial or chartered aircraft, on an international train or by another means of passenger transport; and b. forwarding services, being the arranging of the carriage of a Consignment by air, road or rail which MYOBC does not itself perform.
B1.2 In respect of Services under this Part MYOBC contracts exclusively as a forwarder (expediteur) within the meaning of Article 8:60 of the Dutch Civil Code. MYOBC undertakes to arrange for the carriage of the Consignment and does not undertake to carry it itself.
B1.3 MYOBC is not a carrier under this Part, does not issue transport documents in its own name as carrier, and does not assume the obligations of a carrier. Where MYOBC issues or signs a transport document, it does so as agent for and on behalf of the Client or of the carrier concerned, and not as principal, unless MYOBC has expressly stated otherwise in writing.
B1.4 MYOBC engages Couriers as independent contractors. A Courier is not an employee of MYOBC. The Client has no contractual relationship with a Courier, shall not give instructions directly to a Courier, and shall address all operational and commercial communications to MYOBC.
B1.5 MYOBC selects and instructs the Courier, and the identity of the Courier is determined by MYOBC. MYOBC is entitled to replace a Courier at any time and is not obliged to disclose the identity of a Courier to the Client.
B1.6 Each assignment of a Courier is governed by the assignment instruction issued by MYOBC to that Courier, which sets out the routing, the custody requirements and the reporting obligations applicable to that assignment. Acceptance of an assignment by a Courier constitutes acceptance of that instruction.
B1.7 MYOBC's obligations under this Part are obligations of means and not of result. MYOBC undertakes to exercise the care of a prudent forwarder in the selection of the carrier and the Courier, in the giving of instructions, and in the preparation of documentation on the basis of information supplied by the Client. MYOBC gives no warranty as to the performance of the carriage or as to the conduct of any Courier or carrier.
Article B2 — Applicable regimes and combined transport
B2.1 The carriage arranged under this Part is governed, as between the Client and the carrier, by:
a. in respect of carriage by air, the Montreal Convention or, where applicable, the Warsaw Convention, together with the conditions of carriage and tariffs of the carrier concerned; b. in respect of cross-border carriage by road, the CMR Convention; c. in respect of domestic carriage by road within the Netherlands, the General Transport Conditions 2002 (Algemene Vervoerscondities 2002) as established by sVa / Stichting Vervoeradres, together with Book 8 of the Dutch Civil Code; d. in respect of international carriage by rail, the Uniform Rules Concerning the Contract for International Carriage of Goods by Rail (CIM).
B2.2 The regimes referred to in Article B2.1 govern the relationship between the Client and the carrier. They do not alter the capacity of MYOBC as forwarder and do not make MYOBC a party to the contract of carriage.
B2.3 Combined transport. Where a Consignment is carried by more than one mode of transport, the most restrictive of the regimes applicable to any part of the carriage governs the whole of it. MYOBC is entitled to select the mode of transport on any segment of the route which is not restricted by the Client's instructions.
B2.4 The Dutch Forwarding Conditions, being the general conditions of the FENEX Netherlands Association for Forwarding and Logistics, latest version as in force from time to time, deposited with the Registries of the District Courts in the Netherlands, apply to all Services under this Part, with the exception of the arbitration clause contained in them, which is expressly excluded in accordance with Article 30.4. A copy is provided with the quotation and is available from MYOBC free of charge on request.
B2.5 Where a provision of the Dutch Forwarding Conditions conflicts with a provision of Part A or of this Part, Part A and this Part prevail in accordance with Article 2.6, save where the provision of the Dutch Forwarding Conditions is more favourable to MYOBC, in which case that provision prevails.
B2.6 The Client acknowledges that Conventions and industry conditions limit the liability of the forwarder and of the carrier for loss, destruction, damage and delay, and that those limits are in many cases substantially lower than the value of the Consignment.
Article B3 — Acceptance of the Consignment
B3.1 MYOBC accepts a Consignment only where the Client has declared, before conclusion of the Agreement:
a. the nature and description of the goods; b. the gross weight and dimensions of each piece; c. the number of pieces; d. the commercial value of the Consignment; e. whether the Consignment contains dangerous goods, including lithium batteries, dry ice or diagnostic specimens; f. whether the Consignment contains radiation-sensitive goods; g. the applicable customs classification and export control status.
B3.2 Where the Consignment is to be carried as accompanied baggage, it shall be capable of being carried within the baggage allowance, dimension limits and weight limits of the carrier concerned. MYOBC is entitled to refuse a Consignment which exceeds those limits, or to carry the excess as freight at the cost of the Client.
B3.3 Where the actual weight, dimensions, number of pieces, appearance or nature of the Consignment differs from the declaration under Article B3.1, MYOBC is entitled to adjust the price, to refuse the Consignment in whole or in part, and to charge all resulting costs to the Client, including excess baggage charges, rebooking charges and the cost of alternative carriage.
B3.4 The Client acknowledges that the carrier, and not MYOBC, determines whether a Consignment is accepted for carriage, and that a carrier may refuse acceptance at check-in, at the gate or at any other point. MYOBC is not liable for such refusal.
B3.5 MYOBC is entitled to refuse to accept a Consignment, or to hold, postpone or return it, where MYOBC believes that it may damage other consignments, property or persons, or that it contravenes any law.
Article B4 — Dangerous goods, dry ice and diagnostic specimens
B4.1 Article 8 of Part A applies in full.
B4.2 The Client acknowledges that carriers may prohibit or restrict the carriage of lithium ion and lithium metal batteries in both hand baggage and checked baggage, including in respect of equipment subject to a product recall or a known fault, and that such prohibitions may be imposed or changed at short notice.
B4.3 The Client shall declare all lithium batteries, whether contained in equipment, packed with equipment or shipped alone, before conclusion of the Agreement.
B4.4 Consignments cooled with dry ice, and Consignments containing diagnostic specimens or biological substances, are accepted only by separate written agreement and require the booking of a suitable service.
B4.5 Diagnostic specimens shall be packed and labelled in accordance with the applicable IATA Dangerous Goods Regulations packing instructions, with leakproof primary and secondary containers in approved outer packaging.
B4.6 Where a Consignment is cooled with dry ice, the Client shall ensure that it contains sufficient dry ice to keep the contents cool for at least 48 hours beyond the scheduled delivery time, to allow for unforeseen difficulties or changes to the arrangements. MYOBC is not obliged to replenish dry ice during carriage.
B4.7 Where a Consignment contains dangerous goods which have not been declared, or which do not comply with the applicable regulations or with the carrier's requirements, the Client is fully liable for all loss, cost, fine, penalty and damage suffered by MYOBC, by a Courier, by a carrier or by any other person as a result, and indemnifies MYOBC in full in that respect. This indemnity includes the cost of legal assistance and survives completion of the Agreement.
Article B5 — Limitation of liability
B5.1 MYOBC is not liable for loss of, damage to, deterioration of, delay in the delivery of, or non- delivery of a Consignment under this Part. Article 19 of Part A applies in full, and in particular Articles 19.1, 19.2 and 19.3.
B5.2 MYOBC is not liable for the acts or omissions of a carrier or of any other Third Party engaged under this Part.
B5.3 The Client expressly acknowledges that the carriage of a Consignment as accompanied baggage carries risks which MYOBC does not control, including that the Consignment may be lost, left behind, mishandled, delayed, retained, opened or damaged in the course of carrier handling, security screening or customs inspection, without any fault on the part of MYOBC or of the Courier.
B5.4 Fallback limitation. In so far as, notwithstanding Articles B5.1 and B5.2 and Article 19 of Part A, liability is established against MYOBC in respect of loss of, damage to, destruction of or delay to a Consignment, that liability shall in no event exceed the limit provided by the applicable Convention. Any provision of these Conditions to the contrary is superseded and replaced by the limit provided by the applicable Convention.
B5.5 Where the carriage or any part of it is not governed by a Convention, including any ancillary surface transport to or from an airport or station, the parties agree that the limits of the Montreal Convention apply in any event.
B5.6 The Client acknowledges that, where a Consignment is carried by a Courier as accompanied baggage and not as cargo, the applicable limit is the baggage limit per passenger under Article 22(2) of the Montreal Convention, and not the cargo limit per kilogramme.
B5.7 In no event shall the liability of MYOBC exceed the lower of the limit under Article B5.4 and the amount of the invoice for the Agreement concerned. Article 19.4(c) of Part A continues to apply, so that where no recovery is made from the carrier or other Third Party in respect of the same loss, no amount is payable.
B5.8 The limit under Article B5.4 applies irrespective of the value of the Consignment. Where it is a fixed amount per passenger, it does not vary with the weight or the value of the goods. The Client expressly acknowledges that it may be a very small fraction of the commercial value of the Consignment.
B5.9 MYOBC does not offer, and the Client may not purchase, any increase in the limit under Article B5.4. There is no declared-value option, no value surcharge and no insurance arranged by MYOBC. Article 13 of Part A applies in full. A Client which is not prepared to bear the value of a Consignment itself shall arrange its own cargo insurance before handing the Consignment over.
B5.10 Duty to declare value. The Client shall declare the commercial value of the Consignment in writing before conclusion of the Agreement, in accordance with Article B3.1(d). The declaration is required so that MYOBC may decide whether to accept the Consignment and on what operational terms. It does not create or increase any liability of MYOBC and creates no entitlement beyond Article B5.4.
B5.11 On receipt of a declaration under Article B5.10, or at any time thereafter, MYOBC is entitled to refuse the Consignment, to impose additional security, routing, escort or handling requirements at the cost of the Client, to require confirmation in writing that the Client has arranged its own insurance, or to adjust the price.
B5.12 Where the Client fails to declare the value, or declares a value materially lower than the actual value, MYOBC is entitled to terminate the Agreement in accordance with Article 23, and the Client is liable for all loss and cost suffered by MYOBC as a result of the Consignment having been carried on an incorrect risk assessment.
B5.13 Recourse against carriers. The Client expressly acknowledges that:
a. a Consignment carried by a Courier travels as accompanied baggage, and not as cargo; b. the liability of the carrier in respect of checked and unchecked baggage is limited under Article 22(2) of the Montreal Convention to a fixed amount per passenger, as revised from time to time in accordance with Article 24 of that Convention, which is substantially lower than the cargo limit per kilogramme; c. that limit applies per passenger and not per Consignment, and does not vary with the value of the goods; d. the recourse available to MYOBC against the carrier is therefore limited to that amount, and may be a small fraction of the value of the Consignment; e. on certain routes the Warsaw Convention rather than the Montreal Convention applies, with different and in some cases lower limits.
B5.14 A special declaration of interest under Article 22(3) of the Montreal Convention is a declaration made to the carrier, against payment of a supplementary sum to the carrier. It is not insurance and it does not increase the liability of MYOBC. MYOBC shall make such a declaration only where the Client instructs it in writing before the Consignment is handed over to the carrier and undertakes to pay the supplementary sum.
B5.15 On the written request of the Client, and at the cost of the Client, MYOBC shall assign to the Client its rights of recourse against the carrier or other Third Party, so that the Client may pursue that party directly. MYOBC is not obliged to commence or continue legal proceedings against a carrier or other Third Party. Where MYOBC does so at the request of the Client, all costs are for the account of the Client.
B5.16 Articles B5.1 and B5.4 do not apply where the loss is caused by the intent or conscious recklessness of MYOBC or of its own managerial staff. The conduct of a Courier or of a carrier is not attributed to MYOBC for this purpose.
B5.17 Article 19.5 of Part A applies: where any exclusion in this Article is held to be ineffective, the limitation in Article B5.4 applies in its place, and where that limitation is held to be ineffective, the remaining exclusions and limitations continue to apply to the fullest extent permitted.
Article B6 — Courier travel, documents and availability
B6.1 MYOBC shall use reasonable care in selecting a Courier who holds the travel documents, visas, health certificates and authorisations required for the routing.
B6.2 Notwithstanding Article B6.1, MYOBC is not liable for loss or delay arising from:
a. refusal of a visa, entry, transit or boarding to a Courier by a carrier, an immigration authority or a border authority; b. the detention or questioning of a Courier by any authority; c. illness, injury or incapacity of a Courier; d. a missed connection, denied boarding, cancellation, rescheduling or overbooking by a carrier; e. the closure of a check-in counter or a gate, or a refusal to accept the Consignment at any point; f. the withdrawal or reduction of a baggage allowance by a carrier.
B6.3 Where an event in Article B6.2 occurs, or where a scheduled flight or train cannot be taken or reached for any reason, MYOBC shall notify the Client as soon as possible and shall arrange carriage by the next available means of transport at reasonable cost, rebook the Courier, arrange a replacement Courier, or propose an alternative routing. All resulting costs, including additional fares, rebooking charges, accommodation, subsistence and standby fees, are for the account of the Client, except where the event is attributable to the intent or conscious recklessness of MYOBC.
B6.4 Where the Client requires a specific Courier nationality, visa status or profile, this shall be agreed in writing before conclusion of the Agreement and may affect the price and the availability of the service.
Article B7 — Collection, delivery and custody
B7.1 The Consignment is in the custody of MYOBC from the moment it is handed over to the Courier or carrier against signature until the moment it is delivered against signature in accordance with Article 12.8.
B7.2 The Client shall ensure that a person authorised to hand over the Consignment is present at the collection address at the agreed time, and that a person authorised to receive it is present at the delivery address.
B7.3 The Client receives written proof of delivery unless expressly agreed otherwise.
B7.4 Where the Consignment is carried as accompanied baggage, the Client acknowledges that during the journey it may be stowed in the hold as checked baggage, and that the Courier will not have physical custody of it during that period. Where the Client requires that the Consignment remain in the cabin at all times, this shall be agreed in writing before conclusion of the Agreement, is subject to the size, weight and security rules of the carrier, and cannot be guaranteed.
B7.5 Where a Consignment is lost, delayed, retained or damaged during carriage, MYOBC shall notify the Client as soon as possible and the parties shall consult with a view to reaching a solution. MYOBC shall use reasonable endeavours to trace the Consignment and to pursue recourse against the carrier or other responsible party, but does not guarantee any outcome.
Article B8 — Identification of the carrier
B8.1 Where MYOBC arranges carriage under this Part, MYOBC shall on the written request of the Client disclose the identity of the carrier which has performed or is to perform the carriage.
B8.2 MYOBC shall respond to a request under Article B8.1 in writing within 14 days of receipt of the request.
B8.3 Article B8.1 applies only in respect of carriage which MYOBC has arranged and does not oblige MYOBC to disclose commercial terms agreed with the carrier, rates, the identity of a Courier, or the identity of any other party in the supply chain.
B8.4 The Client shall not use information disclosed under this Article to contact the carrier directly in relation to the Consignment or to the procurement of future carriage. Article C12 applies accordingly.
Article B9 — Claims and time bar
B9.1 Article 20 of Part A applies in full to Services under this Part.
B9.2 Where the applicable Convention, the Dutch Forwarding Conditions or the conditions of the carrier concerned prescribe a shorter notification period than Article 20.2, the shorter period applies.
Article B10 — Cancellation
B10.1 Article 24 of Part A applies, subject to this Article.
B10.2 Where the Client cancels the Agreement at any time after it has been concluded, MYOBC is entitled to charge 100% of the agreed price by way of cancellation charge.
B10.3 The cancellation charge under Article B10.2 is agreed as compensation for the costs, commitments and capacity which MYOBC dedicates to the Agreement from the moment it is concluded, including the reservation of Courier capacity, the withdrawal of that capacity from other work, the booking of fares, and the administrative and operational resources committed. The Client acknowledges that these Services are time-critical, that capacity is reserved for a specific Consignment and routing, and that cancelled capacity cannot as a rule be resold.
B10.4 The cancellation charge is in addition to all unrecoverable costs referred to in Article 24.4(a), including non-refundable fares, rebooking and cancellation charges of carriers, Courier standby and repatriation costs, and visa costs.
B10.5 Waiver. MYOBC may in its sole discretion waive or reduce the cancellation charge in an individual case. Any such waiver or reduction applies only to the Agreement in respect of which it is given, is valid only if given in writing, does not constitute a precedent and creates no entitlement in respect of any other Agreement, and does not affect the right of MYOBC to recover the costs referred to in Article B10.4.
Article B11 — Non-solicitation of Couriers
B11.1 The Client shall not, during the term of the Agreement and for 12 months following its completion, directly or indirectly engage, employ, contract with or solicit any Courier introduced to it by MYOBC, whether for On Board Courier services or otherwise, and shall not procure any third party to do so.
B11.2 The Client shall not contact a Courier directly in relation to any commercial matter, including pricing, future instructions or the terms of engagement.
B11.3 Breach of this Article entitles MYOBC to immediately payable compensation of EUR 25,000 per breach, increased by EUR 1,000 for each day the breach continues, without prejudice to the right of MYOBC to claim further damages.
PART C — AIR CHARTER SERVICES
This Part is to be read together with Part A. Where a provision of Part A conflicts with a provision of this Part, this Part prevails (Article 2.6).
Article C1 — Scope and capacity
C1.1 This Part applies where MYOBC provides air charter services, being the arranging of the charter of an aircraft for the carriage of goods, of a Courier, or of both.
C1.2 In respect of air charter services MYOBC contracts as principal. MYOBC contracts with the Client in its own name, and separately contracts with an air charter broker or with an Operator in its own name. There is no contractual relationship between the Client and the Operator.
C1.3 MYOBC does not operate aircraft, does not hold an Air Operator's Certificate, and is not an air carrier. The Flight is performed by the Operator.
C1.4 Back-to-back limitation. The obligations of MYOBC to the Client in respect of the Flight are limited to, and are conditional upon, the corresponding obligations owed to MYOBC by the broker or Operator engaged by MYOBC. MYOBC is under no obligation to the Client which exceeds what MYOBC is entitled to receive or enforce upstream, and is liable to the Client in respect of the performance of the Flight only to the extent that MYOBC actually recovers from the broker or Operator.
C1.5 MYOBC shall on request provide the Client with the material terms of the upstream contract in so far as they affect the Client's obligations under this Part, subject to any confidentiality obligation binding MYOBC.
Article C2 — Quotation and formation
C2.1 A charter quotation is at all times subject to the availability of the aircraft and to confirmation by the broker or Operator concerned. MYOBC is entitled to requote or to withdraw a charter quotation at any time before the Agreement is concluded, including where the charter price, fuel costs or operator charges have changed.
C2.2 The Agreement is concluded only when MYOBC has confirmed the charter in writing, and is at all times conditional upon MYOBC obtaining a corresponding confirmation upstream. Where that confirmation is not obtained, no Agreement comes into existence and MYOBC is not liable.
C2.3 Every charter Agreement is recorded in a separate written charter agreement signed by both parties, which sets out the aircraft type, routing, schedule, charter price and payment date. Part A and this Part apply to that agreement and are attached to it. In the event of conflict, the signed charter agreement prevails in accordance with Article 2.6(c).
Article C3 — Charter price: inclusions and exclusions
C3.1 The charter price is quoted in the currency stated and is exclusive of VAT and of any other tax or levy.
C3.2 Unless expressly stated otherwise, the charter price includes only: the Flight as described, passenger taxes for the number of persons stated, and security charges.
C3.3 The charter price does not include, and the Client shall pay in addition:
a. any change of itinerary, routing, schedule, timing, airport or aircraft; b. aircraft de-icing, including on any positioning, de-positioning or ferry leg; c. fuel surcharges levied by the Operator; d. war risk insurance costs; e. additional crew costs, crew duty extension costs and additional crew proceedings; f. additional landings, re-routes, permit fees, overflight charges and navigation charges; g. demurrage, ground waiting time and additional flight hours; h. slot charges, parking charges, hangarage and premium FBO charges; i. EU ETS aviation charges and any other charge relating to emissions, noise or pollutants; j. on-board services and facilities requested, activated or used by any person travelling on the Flight, irrespective of which person authorised or used them; k. additional catering, ground transportation, royalties and mobility charges; l. costs relating to cleaning of the aircraft and to any damage to the aircraft; m. costs arising from any epidemic, pandemic or disease-related requirement imposed by any authority or by the Operator; n. any other charge levied by the Operator, by an airport, by a handling agent or by an authority which is not expressly included under Article C3.2.
C3.4 The Client expressly acknowledges that charges under Article C3.3 are levied at the discretion of the Operator, of an airport or of a handling agent, and not by MYOBC; that MYOBC has no control over whether they are levied or over the rate at which they are levied; that individual charges of this nature may be substantial and may exceed the charter price; and that MYOBC neither warrants nor estimates them.
C3.5 The Client is liable for all charges under Article C3.3 in full, on demand, irrespective of which person requested, authorised, incurred or benefited from the service or facility concerned. The Client shall ensure that every person travelling on the Flight is made aware of this liability before departure. MYOBC is not liable to the Client in respect of any such charge, and the Client's obligation to pay it is not conditional upon MYOBC having notified the Client of it in advance.
C3.6 Amounts under Article C3.3 are payable within 5 days of the date of the invoice.
C3.7 Late invoicing. The Client acknowledges that charges relating to a Flight may be invoiced to MYOBC by an Operator, broker, airport or handling agent a considerable time after the Flight, and that this may be up to 24 months afterwards. MYOBC is entitled to invoice such charges to the Client at any time within 24 months of the Flight, and the Client shall pay them on demand notwithstanding the delay. The Client's obligation under this Article survives completion and termination of the Agreement.
C3.8 Where MYOBC incurs costs in a currency other than that of the charter price, MYOBC is entitled to apply the exchange rate at the date the cost is incurred and to pass on any resulting difference.
Article C4 — Payment
C4.1 The charter price is payable in cleared funds in full on or before the date stated in the signed charter agreement, and in any event before departure. Article 15.3 does not apply to the charter price.
C4.2 MYOBC is under no obligation to procure the performance of the Flight until the charter price has been received in cleared funds. Where payment is not received, MYOBC is entitled to treat the Agreement as cancelled by the Client and Article C6 applies.
C4.3 Payment shall be made without set-off, deduction or suspension.
C4.4 Where payment is not made on the due date, the Client owes interest in accordance with Article 15.9, and MYOBC is additionally entitled to recover any interest charged to it upstream in respect of the same delay.
Article C5 — Schedule, permits and operational matters
C5.1 The schedule is at all times subject to slots, parking, crew availability and duty limitations, weather, traffic rights, overflight clearances, military permissions, and any other permit or authorisation necessary for the performance of the Flight.
C5.2 Times stated are indicative. MYOBC does not guarantee any departure or arrival time and the exceeding of any time does not entitle the Client to compensation, to cancel, or to any other remedy.
C5.3 The Operator determines the aircraft, the registration, the crew, the routing and the operational conduct of the Flight. MYOBC is entitled to substitute an aircraft of comparable type where the Operator requires it.
C5.4 Baggage and payload are limited to the allowance stated in the signed charter agreement. Where the Client requires a payload, baggage allowance or cargo capacity exceeding a standard passenger baggage allowance, this shall be expressly stated before conclusion of the Agreement. A charter contracted on a passenger basis does not entitle the Client to carry cargo beyond the stated baggage allowance.
C5.5 Where additional persons travel, the Client acknowledges that this may require additional fuel stops, alternate airports or additional passenger taxes, and shall bear all resulting costs.
Article C6 — Cancellation by the Client
C6.1 Where the Client cancels the Agreement at any time after it has been concluded, MYOBC is entitled to charge 100% of the charter price by way of cancellation charge, payable on demand.
C6.2 The cancellation charge under Article C6.1 is agreed as compensation for the commitments entered into by MYOBC from the moment the Agreement is concluded. The Client acknowledges that MYOBC commits to a broker or Operator on a back-to-back basis at that moment, that those commitments attract cancellation charges which escalate to 100% of the upstream price, and that MYOBC is not in a position to resell the reserved aircraft capacity.
C6.3 The cancellation charge is in addition to:
a. all costs under Article C3.3 already incurred or committed; b. all amounts charged to MYOBC by a broker or Operator which cannot be avoided, including any amount exceeding the charter price; and c. all costs invoiced to MYOBC after the date of cancellation in accordance with Article C3.7.
C6.4 Where a Flight is terminated by the Operator because a person has not boarded by the scheduled departure time, the Client shall pay 100% of the charter price together with all additional costs of the Operator. Where the Operator agrees in its discretion to wait, the Client shall pay all resulting wait-time charges. The Client acknowledges that waiting is not guaranteed and is at the Operator's absolute discretion.
C6.5 Waiver. MYOBC may in its sole discretion waive or reduce the cancellation charge in an individual case. Article B10.5 applies accordingly. MYOBC shall not waive or reduce the cancellation charge below the amount charged to MYOBC upstream in respect of the same cancellation.
Article C7 — Operator failure and Affected Flights
C7.1 MYOBC is entitled to terminate the Agreement with immediate effect where:
a. the aircraft is unavailable, unserviceable, or detained, whether lawfully or not, by any third party, including by an aviation or airport authority, an overflight authority, or by way of lien or requisition; b. an administrator, receiver, trustee or similar person is appointed over the Operator or its assets, and as a result the Operator is unable to perform at the same cost; c. the Operator becomes insolvent, enters liquidation or is wound up; d. the Operator fails to hold or maintain an Air Operator's Certificate; e. the broker or Operator terminates or is entitled to terminate the upstream contract.
C7.2 Where an event under Article C7.1 occurs, MYOBC shall use reasonable endeavours to procure an alternative Operator at the same cost to the Client. MYOBC is under no obligation to do so at its own cost.
C7.3 Where an alternative Operator is available only at additional cost, MYOBC shall notify the Client, which may elect to proceed on payment of the additional cost on demand. Where the Client does not so elect, MYOBC shall refund such part of the charter price as relates to the affected Flight, less all costs incurred by MYOBC, by the broker and by the Operator.
C7.4 The refund under Article C7.3 is the Client's sole and exclusive remedy, and on payment of it MYOBC is under no further obligation or liability to the Client or to any person travelling on the Flight in respect of the affected Flight.
C7.5 Where a deposit or other monies paid upstream in connection with the Flight are not refunded to MYOBC, the Client irrevocably releases MYOBC from any claim in respect of those monies. MYOBC is under no obligation to reimburse the Client for them.
Article C8 — Persons travelling, documents and baggage
C8.1 The Client shall ensure that every person travelling on the Flight holds all travel documents required for departure, transit and entry, including passports, visas, health certificates and other certificates, and indemnifies MYOBC against all loss arising from any failure to do so.
C8.2 The Client shall ensure that every person travelling arrives at the departure airport ready for boarding no later than the time notified by MYOBC.
C8.3 Article B4 applies in full to Flights under this Part. The Client shall ensure that every person travelling is made aware of any prohibition on lithium batteries in hand baggage and in hold baggage, and indemnifies MYOBC in full against all claims arising from lithium batteries carried by or on behalf of the Client or any person travelling.
C8.4 Where MYOBC charters an aircraft to carry a Courier and a Consignment, Part B applies to the Consignment and this Part applies to the Flight.
Article C9 — Liability
C9.1 Article 19 of Part A applies, subject to this Article.
C9.2 MYOBC has no responsibility for the performance or non-performance of the Flight. All liability in respect of the performance of the Flight rests with the Operator.
C9.3 In so far as, notwithstanding Articles C9.1 and C9.2, liability is established against MYOBC under or in connection with a charter Agreement, that liability is limited, regardless of the nature of the claim and to the fullest extent permitted by law, to actual direct loss up to a maximum of the lowest of the charter price, the amount actually recovered by MYOBC upstream, and the amount of the invoice concerned. Article 19.5 applies to this Article.
C9.4 MYOBC is not liable for any delay, deviation, cancellation, termination or other change relating to a Flight arising from any decision, outcome or policy pursuant to sanctions, sanctioned persons, no-fly zones, air exclusion zones, Operator sanctions or similar restrictions of any country at any time. Article 7 applies in full.
C9.5 MYOBC is entitled to amend, change or terminate a Flight and the Agreement, in whole or in part, in its sole discretion and without liability, where the Client, any person travelling, or any associated person or entity was, is or becomes subject to sanctions.
C9.6 The Client shall hold MYOBC harmless against, and shall defend and indemnify MYOBC in respect of, any claim brought against MYOBC by an Operator, a broker or any third party caused by an act or omission of the Client, of any person travelling on the Flight, or of the Client's associated parties or subcontractors. The right of MYOBC to a defence is separate from and additional to its right to an indemnity.
Article C10 — Claims and time bar
C10.1 No claim shall be entertained by MYOBC unless written notice setting out the details of the claim is received by MYOBC within 7 days of the date of the Flight. Where the Client fails to give notice within that period, the Client waives any right to damages and MYOBC is fully released.
C10.2 Article 20.7 applies to the commencement of legal proceedings.
C10.3 This Article applies without prejudice to any mandatory period prescribed by law or by an applicable Convention.
Article C11 — Confidentiality of commercial terms
C11.1 The charter price, payment terms and other commercial terms of a charter Agreement are confidential and shall not be disclosed by the Client to any third party without the prior written approval of MYOBC.
C11.2 The Client acknowledges that MYOBC is bound by equivalent confidentiality obligations upstream and is accordingly not able to disclose the upstream charter price or upstream commercial terms. Charter services are quoted on an all-inclusive basis and not on a cost-plus basis.
Article C12 — Non-circumvention
C12.1 The Client shall direct all contact concerning a Flight through MYOBC. The Client shall not contact the Operator, the broker or the crew directly, whether in relation to the Flight or in relation to the procurement of any future air charter service, for a period of 12 months from the date of the Flight, except with the prior written consent of MYOBC.
C12.2 The Client shall not, for a period of 12 months from the date of last communication or from the date of the last Flight performed for the Client, whichever is later, directly or indirectly employ, engage or solicit any employee, consultant, contractor, agent or representative of MYOBC, and shall not procure any third party to do so.
C12.3 Breach of this Article entitles MYOBC to immediately payable compensation of EUR 25,000 per breach, increased by EUR 1,000 for each day the breach continues, without prejudice to the right of MYOBC to claim further damages.
