General Terms and Conditions for the Transport Contract
1. Scope and Legal Basis
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) apply to contracts concluded with SLEEPY Yacht- und Spezialtransport GmbH & Co. KG (hereinafter “SLEEPY”) for the transportation of goods. Deviating agreements shall only apply if confirmed in writing in individual cases. Any conflicting general terms and conditions of the sender are hereby expressly rejected.
(2) Unless otherwise specified by mandatory legal provisions, written individual agreements, or these GTC (in that order of priority), the provisions of Sections 407 et seq. of the German Commercial Code (HGB) on freight contracts shall apply. For cross-border transportation, the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) shall apply.
2. Contractual Relationship – Formation and Exclusions
(1) Transport contracts are concluded either in writing or when SLEEPY confirms a verbally concluded contract in writing. Notwithstanding the requirement of written form, a transport contract is deemed concluded once SLEEPY takes over the goods for transport.
(2) Transport contracts that require official permits or approvals, particularly pursuant to Sections 29 (3) and 46 of the German Road Traffic Regulations (StVO) in conjunction with Sections 18 (1) sentence 2, 22 (2) and (4) StVO and Section 70 of the German Vehicle Registration Regulations (StVZO), are concluded under the suspensive condition that such permits or approvals are granted.
Fees and costs incurred due to official requirements, conditions, or safety measures imposed by authorities, as well as police fees, shall be borne by the sender.
(3) If the goods for transport do not meet the requirements set out in Section 3, SLEEPY reserves the right to:
1. refuse to accept the goods,
2. return goods already taken over, or
3. make the goods available for collection.
SLEEPY is not obliged to verify whether the goods meet the agreed conditions outlined in Section 3.
3. Rights and Obligations of the Sender
(1) The sender is obligated to provide the goods in a condition suitable and ready for transport by SLEEPY. In particular, the sender must ensure that:
1. the external appearance of the goods does not violate any legal regulations,
2. the goods do not contain live animals, animal carcasses or parts thereof, human body parts, or human remains (with the exception of invertebrate animals that remain in the goods by accident),
3. the goods do not contain substances subject to hazardous materials regulations, in particular diesel, gasoline, paint, or corrosive substances – except for normal residual fuel in yacht tanks,
4. he goods do not include valuables such as cash, jewelry, precious metals, check or credit cards, valid phone cards, or other means of payment or securities.
(2) The sender is obliged to provide the goods at a pickup location that allows for access and proper handling without technical difficulty. This is particularly relevant if the nature of the goods requires crane loading. The sender must also designate a delivery location where access and ground conditions allow for safe unloading without technical difficulty.
(3) The sender must provide the specifications required for vehicle selection by SLEEPY no later than one week before the agreed pickup date. If the time between contract conclusion and pickup is less than one week, the information must be provided immediately. This includes especially the dimensions (length, width, height, mast length), weight, keel shape, center of gravity, and material of the goods.
(4) Unless the contract stipulates that SLEEPY will obtain permits, the sender is responsible for procuring all necessary official permits and authorizations. For international transport, the sender must provide customs documents to the responsible customs office at the destination and ensure proper customs handling. The sender must also ensure that the recipient designated by the sender accepts the goods upon arrival at the delivery location.
(5) The sender is required to inspect the goods immediately upon receipt at the delivery location.
(6) Instructions from the sender for special handling of the goods are only binding if issued in writing before the pickup. The sender may not issue instructions to the carrier that deviate from the contractual agreements without SLEEPY’s consent.
4. Liability of the Sender
(1) If the sender breaches any of their obligations under Section 3 (1)–(4), they shall compensate SLEEPY for all resulting damages. A waiting time fee of €35.00 per commenced hour shall be deemed agreed for delays caused by non-fulfillment of the sender’s obligations.
In addition, SLEEPY is entitled to withdraw from the contract while retaining claims for damages.
(2) If the goods do not meet the conditions of Section 3 (1) no. 3, SLEEPY is entitled to have the hazardous substances disposed of without prior notice and at the sender’s expense.
(3) If delivery of the goods at the delivery location to the recipient designated by the sender is not possible, SLEEPY is entitled to store the goods at the sender’s expense.
Delivery shall be deemed impossible if the recipient is not present at the delivery location within two hours of the transport’s arrival. If the notification is made only after arrival, delivery shall be deemed impossible if the recipient is not available within two hours of such notification.
5. Services Provided by SLEEPY
(1) SLEEPY transports the goods to the delivery location and hands them over to the recipient specified by the sender. SLEEPY does not guarantee delivery within a specific timeframe.
(2) SLEEPY confirms receipt of the goods on the consignment note and delivers the goods to the recipient named by the sender in exchange for a delivery confirmation on the consignment note. SLEEPY will inform the sender, or alternatively the designated recipient, in advance by phone of the estimated arrival time. If notification is not possible due to the unavailability of the sender or recipient, the attempt to notify shall nevertheless be considered fulfilled.
(3) SLEEPY is entitled to commission a third-party carrier to carry out the transport.
6. Liability of SLEEPY
(1) SLEEPY shall be liable for damages resulting from any intentional or grossly negligent act or omission committed by SLEEPY, its employees, or other agents (pursuant to Section 428 of the German Commercial Code – HGB), with the awareness that such damage is likely to occur – regardless of the liability limitations set forth below.
In cases involving the conduct of employees or agents, this only applies if such persons acted in the course of their duties.
(2) Otherwise, SLEEPY shall be liable for loss, damage, or delay in delivery only to the extent of direct, foreseeable contractual damages and within the statutory limits of liability.
SLEEPY shall not be liable if the damage results from circumstances that could not have been prevented even with utmost care and whose consequences could not have been averted (e.g., strike, force majeure), or if the damage is caused by a breach of obligations by the sender under Section 3.
For goods that are packaged at the time of pickup, SLEEPY shall only be liable in the event of total loss.
(3) If the sender or recipient does not report loss, damage, or delay at the time of delivery or, at the latest, immediately after the inspection in accordance with Section 3 (5), it is presumed that the goods were delivered in accordance with the contract.
If the sender is a consumer, the time limits set out in Section 438 of the German Commercial Code (HGB) shall apply.
7. Due Date of the Agreed Fee
(1) The agreed fee is payable in cash or by certified bank cheque before unloading for domestic transports, and before loading begins for international transports.
(2) If the sender fails to fulfill the payment obligation, SLEEPY is entitled to refuse acceptance of the goods and/or to stop transport operations after they have started. SLEEPY may also store the goods at the sender’s expense.
A waiting time fee of €35.00 per commenced hour shall be deemed agreed for delays caused by non-payment as per the contract.
8. Offsetting and Assignment
(1) The sender may only offset claims against SLEEPY with claims that are undisputed or legally established.
(2) Upon request, SLEEPY shall assign any claims for damages against third parties to the sender, if and to the extent that the sender remains liable to compensate SLEEPY for damages.
9. Insurance
(1) SLEEPY’s liability is limited to 8.33 Special Drawing Rights (SDR) per kilogram of gross weight.
For high-value goods, especially new yachts, the sender is advised to take out additional transport insurance.
SLEEPY does not arrange additional insurance coverage but will, upon request, assist the sender in arranging such insurance.
(2) If SLEEPY is entitled to any claims under a transport insurance policy taken out by the sender, SLEEPY shall assign such claims to the entitled party under the conditions set out in Section 8 (2).
10. Place of Jurisdiction and Applicable Law
(1) The exclusive place of jurisdiction for legal disputes with merchants, legal entities under public law, or special funds under public law arising from or in connection with the transport contract shall be Kiel, Germany.
(2) All legal disputes arising from or in connection with the transport contract shall be governed by German law.
This also applies to foreign clients.