General Terms and Conditions for the use of Lufthansa Cargo AG “DGD.online” as Dangerous Goods Software for the transport of Dangerous Goods
a. Scope and definition of terms
a.1. For the use of Lufthansa Cargo AG “DGD.online” (hereinafter being referred to as “DGD.online”) the following General Terms and Conditions apply in addition to the concluded license agreement with the customer, in regards to the current version at the time of order by the customer.
a.2. Contradictory, different or additional General Terms and Conditions by the customer will not be component of this contract unless LH Cargo expressly consents to their application. The following General Terms and Conditions apply even if LH Cargo performs services unconditionally in the knowledge of said conditions or of conditions that vary from the present Terms and Conditions.
a.3. The below stated and in these General Terms and Conditions used terms have the following meaning:
- “Authorized user“ is a natural person that is authorized to use DGD.online according to the license agreement.
- “Customer” is the contract partner of LH Cargo for the license agreement for DGD.online. A Customer can be a natural or a legal person or another by the license agreement defined institution or organization.
- “Session“ is the period of time from Opening the DGD.online Website until the Logout from DGD.online or until closing the browser.
- “IATA“: International Air Transport Association
- “DGR“: Dangerous Goods Regulations
- “DGD“: Shipper’s Declaration for Dangerous Goods
- “ADR“: European Agreement concerning the international Carriage of Dangerous Goods by road (Accord européen relatif au transport international des marchandises Dangereuses par Route)
- “GGVSEB“: Dangerous Goods Regulation for road, train and national waterway transport (Gefahrgutverordnung Straße, Eisenbahn und Binnenschifffahrt)
- “RSEB“: Guidelines for the performance of Dangerous Goods Regulation for road, train and national waterway transport (Gefahrgutverordnung Straße, Eisenbahn und Binnenschifffahrt) and other regulations
- “MDG“: International Maritime Code for Dangerous Goods
- “GGVSee“: Regulation of the transport of Dangerous Goods by seagoing vessel (Verordnung über die Beförderung gefährlicher Güter mit Seeschiffen)
a.4. DGD.online enables the issuing of Dangerous Goods Shipper’s Declarations for the following mode of transport with the corresponding provisions and official regulations:
- Air transport according to IATA DGR
- Road transport according to ADR
- Sea transport according IMDG.
b. Conclusion of Contract
b.1. The presentation of DGD.online on websites of LH Cargo or on other websites or on other media does not constitute a binding offer. The customer is given the opportunity on his part to submit a binding offer to conclude a license agreement.
b.2. Ordering DGD.online is possible online. In this case the customer submits an offer by placing his order with the activation of the button “ordering fee-based” at the end of (going through) the ordering process. The order process, over the online purchase order form, consists of three steps. As a first step the customer selects the required number of user accesses. As a second step the customer enters all customer data including the invoice address. As a third step the customer has the possibility to check all given data (i.e. name, address, number of ordered user accesses) again. If necessary, the customer is also able to correct the data before finally submitting his order to LH Cargo by clicking the “ordering fee-based” button.
b.3. After submitting the order, the customer receives a confirmation of order via email (to the given email address he has entered). This order of confirmation is the offer acceptance by LH Cargo. In this case the license agreement consists of the order of confirmation (which results from the order by the customer) and the here defined General Terms and Conditions.
c. Requirements for access and access to DGD.online
c.1. Requirements for the access to and the utilization of DGD.online as a shipper are the following: (i) a valid proof of qualification and/or a valid proof of instruction, which is accepted by the responsible authority and entitles the user to sign Dangerous Goods Declarations for the respective mode of transport. (ii) The prior registration at “DGD.online”. (iii) the transmission of the following described information and documents.
c.2. Following information has to be transmitted by the authorized user:
c.2.1. Personalized information (salutation, title, first- and last name, job title, company contact and date of birth).
c.2.2. Company related information (name of the company, tax number, address, contact information and a collective email address). Information in the section above is transmitted by a web form.
c.3. In addition to that the following documents and proofs of qualification have to be provided by the user after the registration:
c.3.1. Every user who is supposed to issue declarations for Air Transport (IATA DGR) needs to upload (file upload) a valid PK certificate to his profile after registration, which is accepted by the responsible authority. In addition to that the validity and the expiration date of the certificate have to be entered.
c.3.2. For road transport (ADR) and transport by sea (IMDG) an appropriate authorization and instruction which allows to issue dangerous goods declarations according to corresponding regulations have to be confirmed for the respective user.
c.3.3. Users without any Dangerous Goods Qualification (e.g. employees of a freight forwarder) are not authorized to issue Dangerous Goods Declarations. They are only allowed to perform tasks for which no specific Dangerous Goods Declaration is necessary (e.g. entering an AWB number, airport of departure or an airport of arrival into the DGD).
c.3.4. If qualifications need to be entered or uploaded, they can be entered or uploaded by the moderator or the qualified user himself on the website https://dgd.online.lufthansa-cargo.com/ directly.
c.4. If the date of expiry of the qualification for Air Transport (IATA DGR) is exceeded, a further use of DGD.online is only possible after uploading a new and valid PK certificate. The authorized user is obligated to provide the PK certificate if asked by the responsible authority, the airline which carries out the transport or LH Cargo.
c.5. In addition to that the authorized user approves that LH Cargo is legally liable to check the name of the person, who wishes to register as well as the entered company name in terms of international embargos and compliance data bases. Furthermore, LH Cargo is legally liable to refuse access to persons and companies which are listed on the international valid lists.
c.6. LH Cargo reserves the right, even without giving reasons, to decline the registration of the user or to prevent the user from accessing DGD.online by not providing him with the credentials. If the contract of usage is concluded for several users, every user receives his credentials and a password for his private login per email or he can create it himself (in case of being invited by email). Therefore, the customer is hereby informed that the relevant email addresses of the authorized users have to be entered into the system. The costumer is obligated to keep the credentials and the passwords confidential as well as preventing unauthorized usage by third parties. In addition to that he needs to ensure every authorized user concerned meets the obligation as well.
c.7. The name of the activated and logged-in authorized user appears automatically and unalterable in the field “name/title of signatory” on the DGD. A passing on of the credentials to third partied is expressly prohibited. In the event of an infringement a notification to the responsible authority will take place. In this case the usage authorization for DGD.online will be withdrawn immediately. In addition to that LH Cargo has the right to terminate the licence contract extraordinarily for good cause without notice. The customer is obligated to inform LH Cargo about a misuse of credentials and passwords immediately when noticing. In case of misuse LH Cargo has the right to block the access to DGD.online until the circumstances are solved and the misuse is stopped. The customer is legally liable for a misuse within his responsibility.
c.8. The usage of the functions of DGD.online as well as the offered monitoring of the compliance of the allowed utilization limits, require that the terminal device of the customer accepts the transmitted Cookies by the LH Cargo System and does not modify them and preferably does not delete them within a session. The customer is obligated to ensure to comply with the above requirements (especially in relation to respective browser settings). If the customer does not attend to this duty, for reasons within his responsibilities, LH Cargo cannot be held responsible for resulting functional limitations. If the monitoring of the utilization limits is affected because of the violation of duty, LH Cargo can ask the customer to provide remedy within a reasonable deadline. After a fruitless expiry of the reasonable deadline LH Cargo can block the access of the customer until the performance of remedy. In addition to that LH Cargo can terminate the licensee agreement after a fruitless expiry of an additionally given reasonable deadline.
c.9. LH Cargo reserves the right to deny access to DGD.online if there are any indications that the customer or the authorized user threatens the safety or functionalities of DGD.online by using technologies that affect DGD.online. Access will be also denied if the customer or authorized user thereby limits the possibility of LH Cargo to check the access authorizations of the customer or the authorized users as well as the legitimacy regarding kind and scope of usage and to prevent a theft of service. Furthermore, access can be particularly denied if the IP-address from which the access is made, is listed on a publicly accessible blacklist or if the customer or the authorized user uses browser software which enables an anonymization of the user or an obliteration of the usage behaviour (e.g. Tor-Browser). LH Cargo will contact the customer before blocking him and will inform him about the situation and the intended blocking. In addition to that LH Cargo will give the customer the opportunity to remedy the problem within a reasonable time; this does not apply in case of imminent danger.
d. Duty of cooperation by the customer
d.1. The customer is responsible for ensuring that the technical requirements for the access of DGD.online are created and maintained at his company. In particular in regards to the used hardware and operating system software, the internet connection and the recent browser software. In the case of further development of DGD.online the customer is required to make, after receiving information by LH Cargo, necessary modifications to the deployed IT-infrastructure.
d.2. The customer is obligated to take precautions to secure his systems. In particular, using the common safety settings of the browser and using up-to-date protective mechanisms to fight malware.
e. User authority and restrictions
e.1. The authorized user is allowed to issue any number of Dangerous Goods Declarations for all mode of transports that he is qualified for. Prerequisites for this are a valid qualification and/or a proof of instruction for the corresponding mode of transport, which is accepted by the responsible authority.
e.2. Dangerous Goods Declarations that are issued and electronically signed by one user can be edited by other authorized users within the customer’s account, as long as the other users own at least the same qualification. The appropriate Dangerous Goods Declaration is in this case electronically signed by the user who has last edited the document.
e.3. Furthermore, the authorized user is allowed to correct and archive already issued Dangerous Goods Declarations. In addition to that the authorized user can electronically send them to other users of the transport chain (e.g. forwarders). The issuing and correction of the DGD is only allowed by an authorized group of persons (see regulations under 5.1 and 5.2). The authorized user is responsible for complying with all legal and official regulations as well as all IATA regulations regarding the issuing of a DGD.
e.4. The possibility of further processing of the DGD is technically secured by a user right management concept. The concept only allows changes and/or additions in the fields of the Dangerous Goods Declarations for which no specific qualification is necessary (e.g. AWB number, Airport of departure and arrival in the DGD). The signature on the Dangerous Goods Declaration remains unaffected by these changes and/or additions unless the circumstances apply as described in 5.2 and 5.3.
e.5. Further on, the issuing and correction of transport documents and accompanying documents for the transport of Dangerous goods by road in accordance with the regulations of the ADR, GGVSEB and RSEB, is only allowed by instructed persons according to section 1.3 ADR. Employees, (commissioned) third parties and/or vicarious agents of the shipper have to be instructed according to section 1.3.2. ADR before taking responsibility. They may perform duties for tasks for which an instruction has not yet happened only under direct supervision of an instructed person. The shipper is legally liable to comply with all legal and official regulations, in particular (but not finally) with the obligations regarding the issuing of all relevant documents according to §§ 1.4, 2.1, 5.4 and table A of the chapter 3.2 ADR.
e.6. Dangerous Goods Declarations for the transport of Dangerous Goods by sea may only be issued and corrected by authorized users who are allowed to do so and have been specifically instructed properly in terms of all respective Dangerous Goods Regulations, especially in terms of the regulations by the IMDG Code and the GGVSee. The authorized user is obligated to issue Dangerous Goods Declarations in accordance with all relevant regulations for Dangerous Goods, especially in accordance with the GGVSee, IMDG Code, IMSBC Code and the SOLAS Convention. In addition to that the authorized user is also obligated to comply with the obligations included in the relevant regulations.
e.7. The customer as well as the authorized user is obligated to familiarise himself/herself with the regulations for the usage of the service DGD.online. LH Cargo provides relevant user documentation for this. The customer takes responsibility for any mistakes resulting from the lack of knowledge of the handling as well as the relevant laws, provisions and regulations in regards to the transport and documentation for the transport of dangerous goods. Any changes of the user documentation are immediately published by LH Cargo. The customer has to inform himself/herself about the topicality.
f. Preparation of Dangerous Goods Declarations and signature
f.1. The authorized user has the following options for preparing a Dangerous Goods Declaration: The Dangerous Goods Declarations will be generated in pdf format and can be printed out or send as an attachment via e-mail. The (facsimile) signature of the authorized user that is deposited in DGD.online is automatically inserted into the Dangerous Goods Declaration when preparing it.
f.2. The process of the facsimile signature requires the deposit of an original signature within the user data of DGD.online (according to IATA DGR 22.214.171.124). The moderator on the customer site is responsible to deposit the original signature as a scan. The authorized user has to provide the signature as an image file to the moderator or upload the signature himself/herself. Possible file formats are PNG, JPEG and JPG.
g.1. For the usage of DGD.online a monthly fee is charged per authorized user. The fee is invoiced in advance each year. The amount of the usage fee, that is charged for every authorized user, adjusts regarding the desired number of users (price scale) or the chosen user account (contingent). The total costs will be presented to the customer on the website before placing an order. In addition to that the customer receives a confirmation of order via e-mail, that includes the invoice line item with the total amount of invoiced costs. The invoice is generated and send per post after the order has been completed.
g.2. LH Cargo reserves the right to adjust the usage fees, to grant discounts as well as to add additional functionalities and features to the application, which can involve additional costs.
g.3. Furthermore, LH Cargo reserves the right to charge for the implementation of requested additional services as well as individual requirements by the customer.
g.4. All prices shall be understood – insofar as not stated as gross prices – as net prices plus legal value added tax, according to the legal value added tax that applied at that time.
g.5. If the customer makes use of additional services (e.g. increasing the number of users), LH Cargo has the right to raise the compensation or rather the usage fees. The compensation for the additional services that were made use of, is to be paid in advance for the remaining contract period.
g.6. The customer has the right to block the access of individual users temporarily or completely or to delete them during the contract period. In this cases the customer does not have claim for repayment of the compensation or rather the usage fee.
g.7. LH Cargo is entitled to raise prices by the end of the month with a written notification of 3 months as far as after contract conclusion either the necessary costs for the performance of services have risen in total, in particular the costs for maintenance and further development of the technical infrastructure or the costs for customer service and general administration – also in consideration of (if applicable) realized cost reductions. In case of an increase in costs the customer is entitled to a termination according to number 8.3 (special right of termination).
h. Term and Termination
h.1. The contract over the utilization of DGD.online is concluded according to Number 2.
h.2. The contract has a term of one year beginning by the date of conclusion of the contract. The contract extends automatically by one year if it is not terminated properly by one of the contracting parties with a period of time of 4 weeks by the end of the contract term. The parties’ right to extraordinarily terminate for good cause remains unaffected by this.
h.3. The price adjustments according to number 7.7 shall be communicated to the customer in written or in textual form and shall also inform him or her about their special termination privilege and the consequences of a not timely submitted termination. The customer has the right to terminate the contract within a period of 4 weeks after receipt of the information of the raise. As from the date on which the price adjustment comes into effect. If the customer does not terminate or not timely terminate, the contract will automatically continue under application of the new prices.
h.4. Every termination must be in writing to be affective according to §126 (1) BGB.
h.5. After expiry of the contract period LH Cargo has the right to block the access of the costumer to DGD.online immediately.
i.1. LH Cargo is not liable for any damages of the customer or his employees or rather of the user, if the damages have not resulted from grossly negligent or wilful misconduct by LH Cargo, a legal representative or a vicarious agent of LH Cargo. Liability for damage to life, body or health is not affected. In addition to that the liability for breach of duties that must be fulfilled to enable the normal completion of this contract and which the customer should generally expect to be fulfilled is not affected.
i.2. LH Cargo is not liable for indirect and consequential damages. This does not apply to damages which result from grossly negligent or wilful misconduct by LH Cargo, a legal representative or a vicarious agent, or which are based on allocable body or health damages or loss of life.
i.3. For the avoidance of doubt: LH Cargo is not liable for wrong and/or incomplete information in the DGD by the customer or the moderator and/or the authorized user. In addition to that LH Cargo is not liable for wrong or incomplete information in transport documents and additional or attached documents according to the regulations of ADR, GGVSEB and RSEB.
i.4. The liability for damages resulting from the usage of the above mentioned Dangerous Goods Declarations is subject to the regulations of the transport agreement of the authorized user with the responsible carrier.
j. Data Protection
LH Cargo processes personal data of authorized users insofar it is necessary for keeping up the proper operation of the Dangerous Goods Software as well as for the legally affective registration for the transport of Dangerous Goods. Further remarks can be found in the data protection information on the registration side at lcag-dgd-online.com, which are also part of LH Cargo’s user documentation.
k.1. Regarding all legal relationships and/or disputes between LH Cargo and the customer in relation with the usage of DGD.online, regardless of the legal reason, the Federal law of the German Republic shall apply under the exclusion of all regulations by the conflict of laws which refer into another legal order. The practice of the UN sales law is excluded. For all disputes resulting from this contract, provided current law does not expressly resolve this in another manner, the place of jurisdiction is Frankfurt am Main.
k.2. The customer shall only be entitled to offset with such claims that are undisputed and have been recognised by declaratory judgment.
k.3. If any provisions of this general terms and conditions become wholly or partially invalid or ineffective the validity of the remainder of the contract shall not be affected thereby. In this case LH Cargo is entitled to replace the invalid or ineffective provision by another provision that inflects the intended purpose the most.