DB Schenker Rail by benbenzhou

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									Valid from: 1 January 2012




                    	     Prices	and	Terms
                    of DB Schenker Rail Deutschland AG




                                         Provisions for
                                         Privately Owned Freight Wagons/
                                         Freight Wagons of Other Keepers
                                         (PKL-Güterwagenverwendung)
                                         Translated from German;
                                         the German text alone is
                                         legally binding
                                         Delivering solutions.
Contents


    1     Terms of DB Schenker Rail Deutschland AG regarding use of wagons

    2     Pricing (freight rates)

    3     Track usage charges when agreed loading periods
          are exceeded on DB-owned track

    4     Stabling of privately owned freight wagons/freight wagons of other keepers

    5     Privately owned freight wagons/freight wagons of other keepers –
          wagon types U and Z in empty running with residual freight

    6     Price list 1 for empty running rates

    7     Price list 2 for empty running rates for low-floor wagons and
          wagon units with more than 8 axles




Published by:                                                          Available under order number
DB Schenker Rail Deutschland AG                                        TAPL 0110, from:
Marketing                                                              DB Kommunikationstechnik GmbH
Rheinstrasse 2                                                         Medien- und Kommunikationsdienste
55116 Mainz, Germany                                                   Logistikcenter
Phone: +49 (0) 180 5 331050*                                           Kriegsstrasse 136
                                                                       76133 Karlsruhe
                                                                       Fax: +49 (0) 721 9385509
* 14 ct/min from landline phones, rates for mobile phones may differ   E-mail: DZD-Bestellservice@bahn.de


These Prices and Terms of DB Schenker Rail Deutschland AG as well as any amendments and supplements
shall be published in the “Tariff and Transport Gazette of the public railways in the Federal Republic of Germany”.
The respective valid version of the Prices and Terms of DB Schenker Rail Deutschland AG is available
on the Internet at www.dbschenker.com/de/rail/alb.

2                                                                                                                     Valid from: 01. 01. 2012
Prices	and	Terms	of	DB	Schenker	Rail	Deutschland
Provisions	Relating	to	Privately	Owned	Freight	Wagons/Freight	Wagons	of	Other	Keepers
       Provisions of DB Schenker Rail Deutschland AG              with the Section 423, alternative 2 German Commercial
 1     regarding use of wagons                                    Code (HGB), and an additional transit period of 48
                                                                  hours for empty wagons as stipulated by DB Schenker
       1.1 General Provisions
                                                                  Rail Deutschland. The transit period as defined in
       1.1.1 The following provisions shall apply to wagons       Section 423, alternative 2 German Commercial Code
       for which the keepers are not DB Schenker Rail             (HGB) shall be such period as should be reasonably
       Deutschland AG (hereinafter “DB Schenker Rail              conceded to a diligent carrier, having regard to the
       Deutschland”).                                             circumstances.
       1.1.2 Subject to the agreement, a wagon may be             1.2.4 If such period for carriage has been exceeded
       consigned either for carriage as goods (contract of        and DB Schenker Rail Deutschland is answerable
       carriage of goods) or as a means of transport              accordingly as per the GCU, the keeper may claim
       (contract of use for wagons). As to use of a wagon as      compensation from DB Schenker Rail Deutschland for
       a means of transport by DB Schenker Rail Deutschland,      loss of use of the wagon in accordance with Appendix
       in particular regarding carriage under a contract of       6 of the GCU.
       use for wagons, the provisions of the “General
                                                                  The following deviations and clarifications to
       Contract of Use for Wagons (‘GCU’)” shall apply, to
                                                                  Appendix 6 of the GCU shall apply:
       the extent the following provisions do not contain any
       deviations. The currently valid version of the GCU can     1.2.4.1 The keeper may choose between flat-rate
       be found online at www.dbschenker.com/de/rail/alb.         compensation for loss of use and compensation
                                                                  for loss of use based on individual written proof. Any
       1.1.3 The consignor and/or the handing over railway
                                                                  claim for flat-rate compensation for loss of use shall
       undertaking (“RU”) warrants that it shall hand over
                                                                  preclude a compensation claim for loss of use based on
       only such wagons to DB Schenker Rail Deutschland
                                                                  individual written proof, and vice versa.
       whose keepers have agreed to the GCU or that it shall
       place DB Schenker Rail Deutschland in such a position      1.2.4.2 Flat-rate compensation for loss of use shall be
       as if these were such wagons.                              payable by DB Schenker Rail Deutschland for the
                                                                  period starting on the third day after the period for
       The first sentence of this clause shall not apply if it
                                                                  carriage was exceeded through to the actual date of
       has been agreed that DB Schenker Rail Deutschland
                                                                  delivery, however, only up to such maximum amount
       shall make the wagon available for carriage as a
                                                                  as is provided for in clause 1.2.4.3 of these provisions.
       means of transport or if the handed over wagon shall
                                                                  The compensation shall be granted for the day of
       be running on its own wheels for carriage as goods.
                                                                  delivery irrespective of the time of delivery. In all
       1.1.4 The consignor and/or the handing over RU             cases where the additional transit period for empty
       warrants that the wagons handed over to DB Schenker        wagons applies (see clause 1.2.3 of these provisions),
       Rail Deutschland shall undergo maintenance by a            flat-rate compensation for loss of use shall become
       certified entity (ECM). Through to the introduction of     payable commencing on the first day that the period
       mandatory certification, a self-declaration shall be       for carriage was exceeded.
       submitted regarding correct maintenance. Otherwise
                                                                  1.2.4.3 Irrespective of whether carriage of a loaded or
       we shall be entitled to refuse acceptance of the wagons.
                                                                  empty wagon is being effected, compensation for loss
       1.2 Use of Wagons within Germany                           of use shall be limited, as per Section 431, subsection
                                                                  3 HGB to three times the carriage charge for empty
       1.2.1 The “General Terms and Conditions of
                                                                  wagons usually paid for the carriage as provided by
       DB Schenker Rail Deutschland AG for the Performance
                                                                  DB Schenker Rail Deutschland.
       of Services (ALB)” as amended (available online at
       www.dbschenker.com/de/rail/alb) shall apply to             1.2.4.4 The right to compensation for loss of use
       freight transport orders of a wagon (carriage order)       against DB Schenker Rail Deutschland shall expire per
       as a means of transport and to the preparation of a        Section 438, subsection 3 HGB if the person entitled
       wagon note.                                                does not assert its right against DB Schenker Rail
                                                                  Deutschland in writing within 21 days. In the event of
       The local agreements and hours of service shall apply
                                                                  a compensation claim based on individual written
       as regards to taking over and/or delivery of a wagon
                                                                  proof, written notification regarding the period of
       at the taking over and/or delivery location in respect
                                                                  carriage having been exceeded shall suffice to comply
       of the keeper/any other party as entitled pursuant to
                                                                  with the time limit. The time limit as per the first
       Section 1.4 of the GCU.
                                                                  sentence of this clause shall commence upon the
       1.2.2 The period for carriage for loaded wagons as a       delivery of the wagon to the consignee.
       means of transport shall correspond to the transit
                                                                  1.2.4.5 The amount the keeper has received for the
       period for the goods being conveyed.
                                                                  use of the wagon during the period of delay shall be
       1.2.3 The periods of carriage for empty wagons as a        deducted from any compensation for loss of use.
       means of transport shall be comprised of the transit
       period for the goods being conveyed in accordance


Valid from: 01.01. 2012                                                                                                       3
Prices	and	Terms	of	DB	Schenker	Rail	Deutschland
Provisions	Relating	to	Privately	Owned	Freight	Wagons/Freight	Wagons	of	Other	Keepers
    1.2.4.6 The limitations set forth in clauses 1.2.4.3        preclude any compensation claim for loss of use based
    and 1.2.4.4 of these provisions shall not apply to any      on individual written proof, and vice versa.
    compensation for loss of use based on individual
                                                                1.3.4.2 Flat-rate compensation for loss of use shall be
    written proof provided it has been proven that the
                                                                paid by DB Schenker Rail Deutschland for the period
    damage per Section 435 HGB has been caused by an
                                                                starting on the third day after the period for carriage
    act or omission committed with intent to cause
                                                                was exceeded, through to the actual date of delivery,
    damage or recklessly by DB Schenker Rail Deutschland
                                                                however, only up to such maximum amount as is
    or by a person within the meaning of Section 428
                                                                provided for in clause 1.3.4.3 of these provisions. The
    HGB, with knowledge that such loss or damage would
                                                                compensation shall be granted for the day of delivery,
    probably result.
                                                                irrespective of the time of delivery. In all cases where
    1.2.5 In the event of loss of use caused by the damage      the additional transit period for empty wagons
    to the wagon or its parts as per Section 23.3, clause       applies (see clause 1.3.3 of these provisions),
    2 of the GCU, clause 1.2.4.1 of these provisions shall      flat-rate compensation for loss of use shall be payable
    apply accordingly. The obligation to pay flat-rate          commencing on the first day that the period for
    compensation for loss of use shall commence on the          carriage was exceeded.
    third day following the day on which the wagon is
                                                                1.3.4.3 Irrespective of whether carriage of a loaded or
    withdrawn from service. The flat-rate compensation
                                                                empty wagon is being effected, compensation for
    for loss of use shall be limited to a maximum amount
                                                                loss of use pursuant to Section 33, subsection 1, of
    of €1,000 (one thousand Euros).
                                                                the “Uniform Rules Concerning the Contract of
    1.2.6 German law shall apply. The place of jurisdic-        International Carriage of Goods by Rail (‘CIM’)” shall
    tion shall be Mainz.                                        be limited to four times the amount of the carriage
                                                                charge for empty wagons usually paid for the carriage
    1.3 Cross-border use of wagons
                                                                as provided by DB Schenker Rail Deutschland.
    1.3.1 The “Provisions of DB Schenker Rail Deutschland
                                                                1.3.4.4 The right to compensation for loss of use
    AG for International Carriage by Rail” in its currently
                                                                against DB Schenker Rail Deutschland shall expire,
    valid version (available online at www.dbschenker.
                                                                per Section 47, subsection 2, item c of the CIM, if the
    com/de/rail/alb) shall apply to freight transport
                                                                person entitled does not assert his right against DB
    orders of a wagon (carriage order) as a means of
                                                                Schenker Rail Deutschland in writing within 60 days.
    transport and to the preparation of a wagon note. The
                                                                The time limit as per the first sentence of this clause
    local agreements and hours of service shall apply as
                                                                shall commence upon the delivery of the wagon to
    regards to taking over and/or delivery of a wagon at
                                                                the consignee.
    the taking over and/or delivery location in respect of
    the keeper/any other party as entitled pursuant to          1.3.4.5 The amount the keeper has received for the
    Section 1.4 of the GCU.                                     use of the wagon during the period of delay shall
                                                                be deducted from any compensation for loss of use.
    1.3.2 The period for carriage for loaded wagons as a
    means of transport shall correspond to the transit          1.3.4.6 The limitations set forth in clauses 1.3.4.3
    period for the goods being conveyed.                        and 1.3.4.4 shall not apply to any compensation for
                                                                loss of use based on individual written proof,
    1.3.3 The period for carriage of empty wagons as a
                                                                provided it has been proven that the damage, per
    means of transport shall consist of the transit period as
                                                                Section 47, subsection 2, item d of the CIM and/or
    defined by item 8 of the “Provisions of DB Schenker
                                                                Section 35 of the CIM, as the case may be, was
    Rail Deutschland AG for International Carriage by
                                                                caused by an act or omission committed by
    Rail” in its currently valid version and an additional
                                                                DB Schenker Rail Deutschland with intent to cause
    transit period of 48 hours for empty wagons as
                                                                such loss or damage, or recklessly and with knowledge
    stipulated by DB Schenker Rail Deutschland.
                                                                that such loss or damage would probably result.
    1.3.4 If such period for carriage has been exceeded
                                                                1.3.5 In the event of loss of use caused by damage to
    and DB Schenker Rail Deutschland is answerable
                                                                the wagon or its parts as per Section 23.2 clause 2 of
    accordingly as per the GCU, then the keeper may claim
                                                                the GCU, clause 1.3.4.1 of these provisions shall
    compensation from DB Schenker Rail Deutschland for
                                                                apply accordingly. The obligation to pay flat-rate
    loss of use of the wagon in accordance with Appendix
                                                                compensation for loss of use shall commence on the
    6 of the GCU. The following deviations and clarifications
                                                                third day following the day on which the wagon is
    shall apply to Appendix 6 of the GCU:
                                                                withdrawn from service. Flat-rate compensation for
    1.3.4.1 The keeper may choose between flat-rate             loss of use shall be limited to a maximum amount of
    compensation for loss of use and compensation for           €1,000 (one thousand Euros).
    loss of use based on individual written proof. Any
                                                                1.3.6 German law shall apply. The place of jurisdiction
    claim for flat-rate compensation for loss of use shall
                                                                shall be Mainz.




4                                                                                                        Valid from: 01. 01. 2012
Prices	and	Terms	of	DB	Schenker	Rail	Deutschland
Provisions	Relating	to	Privately	Owned	Freight	Wagons/Freight	Wagons	of	Other	Keepers
       Pricing (freight rates)                                   Shuttle services refer to transports where it is
 2                                                               guaranteed that a run under load is consistently
       2.1 Price Formation. Rates for running under
       load when the freight wagon used is provided              followed by an empty run in the opposite direction
       by the customer.                                          on the same route. In such cases, the charges for
                                                                 empty running are not calculated separately but are
       In those cases, the rates take account of both the        incorporated in the rates for running under load. Any
       wagon provision costs and planned empty runs.             additional runs involving empty privately owned
       The rates for running under load are calculated on the    wagons that are not directly linked to a run under load
       basis of the existing price lists minus the privately     shall be subject to the rates detailed in subsection
       owned wagon discount; if the privately owned wagon        2.2. In the consignment note for an empty run, the
       discount is not included in the freight rates, it shall   „Contents“ column must be marked: Empty, freight
       equal                                                     paid as per price list no./tariff no. XXXX.
       a) 8 % for consignments in open, category F, saddle-      Apart from shuttle services as defined above, empty
          bottom or hopper-bottom privately owned wagons         runs shall not be incorporated into the rates for
          with gravity discharge, with the exception of coal     running under load.
          transport,
       b) 12 % for consignments with coal,                       Empty runs shall be charged according to the rates
       c) 15 % for all other consignments.                       for empty running listed in subsection 2.2.

       In the case of shuttle services, the freight rates        The expected empty runs shall be planned in
       for empty running can be included in the rates for        consultation with the customer and incorporated into
       running under load.                                       the calculation of the transports.




                                                                                                   Price list number

       2.2 Prices for empty running

       For the movement of empty privately owned freight wagons/freight wagons of other keepers,          0113 00 1
       apart from transfer journeys of brand-new wagons, the empty running rates shall be levied          0126 00 3
       in accordance with price list 1 or, in the case of low-floor wagons and wagon units with more
       than eight axles, in accordance with price table 2.
       Unless the empty running rates to price table 1 are to be settled according to international
       tariffs or special agreements, the following shall apply to the German section for empty running
       in international traffic
       – for international forwarding or receiving movements: the price list number                       0152 00 9
       – for international transit movements: the price list number                                       0153 00 7


       In the freight transport order, and according to wagon type/intended use, the consignor shall
       specify the applicable code in accordance with the Harmonised Commodity Code (NHM):
       9921.00 Railway wagon as a means of transport, 2-axle, empty, nos
       9921.10 Railway wagon as a means of transport, 2-axle, empty, for/after maintenance*
       9921.20 Railway wagon as a means of transport, 2-axle, empty, for/after repair*
       9921.30 Railway wagon as a means of transport, 2-axle, empty, for/after cleaning*
       9921.40 Railway wagon as a means of transport, 2-axle, empty, for transport prior to and
                after hiring*
       9922.00 Railway wagon as a means of transport, more than 2 axles, empty, nos
       9922.10 Railway wagon as a means of transport, more than 2 axles, empty for/after
                maintenance*
       9922.20 Railway wagon as a means of transport, more than 2 axles, empty for/after repair*
       9922.30 Railway wagon as a means of transport, more than 2 axles, empty for/after cleaning*
       9922.40 Railway wagon as a means of transport, more than 2 axles, empty, for transport prior
                to and after hiring*
       8606.XX Goods wagons, for use solely on rails
       *In case of transport into another customs territory, NHM Code 8606.00 is to be used.




Valid from: 01.01. 2012                                                                                                    5
    Prices	and	Terms	of	DB	Schenker	Rail	Deutschland
    Provisions	Relating	to	Privately	Owned	Freight	Wagons/Freight	Wagons	of	Other	Keepers
        A wagon may be returned as a means of transport (particularly returning from a loaded journey in particular)
        (NHM 9921.10 – 9921.40 or 9922.10 – 9922.40) after having been used as a means of transport
        in accordance with the implementing provisions for the Community Customs Code or in accordance
        with the national customs law in question:
        – if its use as a means of transport was in a third country, if the wagon is admitted to free circulation
          in an EU Member State and if is being returned to an EU Member State, or
        – if its use as a means of transport was in an EU Member State, if the wagon is admitted to free
          circulation in a third country and if is being returned to that third country.



                                                                                                      Price list number

        2.3 Rates for the movement of empty privately owned wagons/wagons of other
        keepers within a freight station (station-internal freight rates).

        Carriage of empty registered privately owned wagons/wagons of other keepers within                  0120 00 6
        a freight station shall be charged per wagon at the price listed for the shortest distance
        in the price tables of empty running rates.


        Track usage charges when agreed loading periods are exceeded on DB-owned track
    3
        If the agreed loading periods for privately owned           track are exceeded, a track usage charge of € 4.60
        wagons/wagons of other keepers on railway-owned             per wagon and per day shall be levied.


        Stabling of privately owned freight wagons/freight wagons of other keepers
    4
        Privately owned wagons/wagons of other keepers              A charge of € 4.60 shall be levied per wagon
        may be stabled on railway-owned track subject to            and per day, and an additional charge of € 36.40
        a fee following prior agreement with our Customer           per wagon for the first and last days of the stabling
        Service Centre.                                             period.


        Privately owned freight wagons/freight wagons of other keepers : wagon types U and Z in empty running
    5   with residual freight


        Residual freight up to a weight of 3 t (for wagons with     in the “Contents” column on the consignment note.
        two axles) and of up to 6 t (for all other wagons)          Excess weight shall be charged at the freight rates
        shall be transported free of charge, if this is specified   appropriate to running under load.




6                                                                                                           Valid from: 01. 01. 2012
Prices	and	Terms	of	DB	Schenker	Rail	Deutschland
Provisions	Relating	to	Privately	Owned	Freight	Wagons/Freight	Wagons	of	Other	Keepers

 6          Price list 1 for empty running freights, excluding low-floor wagon, wagon units with more than
            8 axles and car carrying wagons1)

       	 	                                                   Empty	running	freights
       	 Distance	in	km		                                    Wagon	with	2	axles	                    Wagon	with	more	than	2	axles	–		
       	 	                                                   	                                      excluding	low-floor	wagons	and	
       	 	                                                   	                                      car	carrying	wagons1)
       	               	                   inland	             imp/exp	              transit	      inland	        imp/exp	         transit
       	price	list	number	               0113	001	            0152	009	             0153	007	     0113	001	      0152	009	       0153	007
       	               	                    Euro	                Euro	                    Euro	     Euro	           Euro	              Euro
       	           70	                       121	                 81	                      41	      156	            116	               76
       	           80	                       125	                 85	                      45	      161	            121	               81
       	           90	                       156	                 116	                     76	      204	            164	               124
       	          100	                       163	                 123	                     83	      212	            172	               132
       	          110	                       163	                 123	                     83	      212	            172	               132
       	          120	                       163	                 123	                     83	      212	            172	               132
       	          130	                       163	                 123	                     83	      212	            172	               132
       	          140	                       163	                 123	                     83	      212	            172	               132
       	          150	                       163	                 123	                     83	      212	            172	               132
       	          160	                       175	                 135	                     95	      227	            187	               147
       	          170	                       175	                 135	                     95	      227	            187	               147
       	          180	                       175	                 135	                     95	      227	            187	               147
       		         190	                       175	                 135	                     95	      227	            187	               147
       	          200	                       175	                 135	                     95	      227	            187	               147
       	          220	                       187	                 147	                    107	      242	            202	               162
       	          240	                       187	                 147	                    107	      242	            202	               162
       	          260	                       217	                 177	                    137	      282	            242	               202
       	          280	                       217	                 177	                    137	      282	            242	               202
       	          300	                       249	                 209	                    169	      322	            282	               242
       	           320	                      249	                 209	                    169	      322	            282	               242
       	           340	                      249	                 209	                    169	      322	            282	               242
       	           360	                      249	                 209	                    169	      322	            282	               242
       	           380	                      249	                 209	                    169	      322	            282	               242
       	           400	                      278	                 238	                    198	      363	            323	               283
       	           450	                      278	                 238	                    198	      363	            323	               283
       	           500	                      278	                 238	                    198	      363	            323	               283
       	           550	                      331	                 291	                    251	      431	            391	               351
       	           600	                      384	                 344	                    304	      497	            457	               417
       	           650	                      435	                 395	                    355	      567	            527	               487	
       	           700	                      461	                 421	                    381	      600	            560	               520
       	           750	                      461	                 421	                    381	      600	            560	               520
       	           800	                      461	                 421	                    381	      600	            560	               520
       	           850	                      483	                 443	                    403	      626	            586	               546
       	           900	                      483	                 443	                    403	      626	            586	               546
       	          950	                       483	                 443	                    403	      626	            586	               546
       	         1000	                       502	                 462	                    422	      652	            612	               572
       	         1100	                       535	                 495	                    455	      693	            653	               613
       	         1200	                       551	                 511	                    471	      720	            680	               640
       	         1300	                       586	                 546	                    506	      761	            721	               681
       	         1400	                       604	                 564	                    524	      787	            747	               707
       	         1500	                       604	                 564	                    524	      787	            747	               707


       1)	   The	price	lists	of	the	Automotive	Market	Unit	apply	to	car-carrying	wagons




Valid from: 01.01. 2012                                                                                                                       7
Prices	and	Terms	of	DB	Schenker	Rail	Deutschland
Provisions	Relating	to	Privately	Owned	Freight	Wagons/Freight	Wagons	of	Other	Keepers

    7       Price list 2 for empty running rates for low-floor wagons and wagon units with more than 8 axles

        	 Price	list	number	0126	00	3	   Empty	running	freights	for	low-floor	wagons	and	wagon	units	with	more	than	8	axles
        	 	                              	                                                                    Scale-up		
        	 Number	of	axles	on	wagon	      Price	based	on	the	rates	in	price	list	1	                            factor
        	              2	                Rate	for	wagon	with	2	axles	                                             1
        	              4	                Rate	for	wagon	with	more	than	2	axles	                                   1
        	           5	to	8	              Rate	for	wagon	with	more	than	2	axles	                                   1
        	           9	to	12	             Rate	for	wagon	with	more	than	2	axles	                                   2
        	          13	to	16	             Rate	for	wagon	with	more	than	2	axles	                                   2
        	          17	to	20	             Rate	for	wagon	with	more	than	2	axles	                                   3
        	        21	and	more	            Rate	for	wagon	with	more	than	2	axles	                                   4




8                                                                                                            Valid from: 01. 01. 2012
Valid from: 01.01. 2012   9
10   Valid from: 01. 01. 2012
Valid from: 01.01. 2012   11

								
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