Bargely

Brokerage terms

Version 1.0, November 2026. These terms apply to brokerage by Bargely for the carriage of dry cargo on inland waterways. The Dutch text prevails (art. 14).

1. Definitions

  1. Bargely: trading name of [naam onderneming / rechtsvorm], established in [postcode en plaats], the Netherlands, KvK [KvK-nummer].
  2. Client: the shipper or cargo interest who asks Bargely to find a vessel.
  3. Carrier: the skipper or vessel owner who carries the cargo.
  4. Voyage confirmation: the email in which Bargely records what the client and carrier have agreed for a voyage.
  5. Commission: the fee the carrier pays Bargely for the brokerage.

2. Scope

  1. These terms apply to all proposals, brokerage and voyage confirmations by Bargely, and to all resulting arrangements with clients and carriers.
  2. General terms of the client or carrier do not apply in their relationship with Bargely unless Bargely agrees in writing.
  3. If a voyage confirmation differs from these terms, the voyage confirmation prevails.

3. Bargely's role

  1. Bargely acts solely as a broker. The contract of carriage is made directly between client and carrier. Bargely is not a carrier, not a freight forwarder and not a party to the contract of carriage.
  2. Bargely uses reasonable efforts to find a suitable vessel and to record the arrangements correctly. This is an obligation of means: Bargely does not guarantee that a vessel is available or that the carrier performs.
  3. The contract of carriage is concluded as soon as both client and carrier have accepted the proposal by email or phone. Bargely records this in the voyage confirmation.

4. Contract of carriage

  1. The contract of carriage is governed by the Dutch dry cargo chartering conditions BV 2016 (Stichting Vervoeradres) unless the voyage confirmation states otherwise. Mandatory law, such as the CMNI for cross-border carriage, remains applicable.
  2. A low-water surcharge applies only if the reference gauge and the scale are stated in the voyage confirmation (BV 2016, article 15.3). A fuel surcharge applies only if stated in the voyage confirmation; otherwise fuel is included in the freight.
  3. Loading and discharge times, demurrage and cancellation are governed by the contract of carriage, not between the parties and Bargely.

5. Proposals

  1. Bargely's proposals are without obligation and based on market conditions and water levels at the time.
  2. A proposal is valid until the end of the next working day unless it states another period.

6. Information from the client

  1. The client gives Bargely correct and complete cargo information in good time: type, quantity, any dangerous goods class (ADN), requirements for previous cargoes and cleaning, certification, loading and discharge place and desired period.
  2. The consequences of incorrect or incomplete information are for the client's account.

7. Freight and payment of freight

  1. The carrier invoices freight and any surcharges directly to the client. Bargely does not collect freight.
  2. Bargely is not liable for payment of freight by the client, nor for refunds by the carrier.

8. Commission

  1. The carrier owes Bargely a commission of 5% of the freight including low-water surcharge, with a minimum of € 250 per voyage, both excluding VAT, unless otherwise agreed in the voyage confirmation. No commission is due on demurrage or on a fuel surcharge.
  2. Bargely states the commission rate or amount and the payment term for each voyage in the voyage confirmation.
  3. Commission is due once the cargo has been discharged. Bargely invoices on the day of discharge. The carrier pays within 30 days of the invoice date, whether or not the client has paid the freight.
  4. If a confirmed voyage is cancelled and the carrier receives compensation for it, the same commission is due on that compensation.
  5. If a client and a carrier introduced by Bargely contract directly within 6 months of the first voyage confirmation for the same or a comparable route, the carrier owes commission on that voyage as well.
  6. In case of late payment, the carrier owes statutory commercial interest without notice of default, plus extrajudicial collection costs under Dutch law. Commission may not be set off against other amounts.

9. Liability

  1. Bargely is not liable for damage arising from the performance of the carriage, including loss of or damage to cargo, delay, navigational errors and acts or omissions of the carrier or its crew.
  2. Bargely is only liable for direct damage caused by intent or gross negligence of Bargely itself.
  3. Bargely's liability is limited to the amount paid out by Bargely's liability insurance in the case concerned, plus the deductible. If the insurance does not pay out, liability is limited to the commission Bargely invoiced for the voyage concerned.
  4. Bargely is never liable for indirect or consequential loss, such as loss of profit, loss of production or delay damage.
  5. These limitations also apply to persons engaged by Bargely in the brokerage.

10. Force majeure

Bargely is not required to perform where this is not reasonably possible due to circumstances beyond its control, such as extreme high or low water, ice, closures, strikes, telephone or internet outages or government measures.

11. Complaints and time bar

  1. Complaints about the brokerage or about a Bargely invoice must be emailed to [email protected] within 14 days of discharge or of the invoice date respectively. A complaint does not suspend the obligation to pay.
  2. Any claim against Bargely lapses unless legal proceedings are started within 12 months of the claim arising.

12. Communication and data

Arrangements are made by email or phone and recorded by email. Bargely may use a digital call assistant for phone calls. How Bargely handles personal data is set out in the privacy statement.

13. Governing law and disputes

  1. All legal relationships with Bargely are governed exclusively by Dutch law.
  2. Disputes are submitted to the competent court (rechtbank) in the district where Bargely is established.

14. Language and changes

  1. These terms are available in Dutch, German and English. In case of differences in interpretation, the Dutch text prevails.
  2. Bargely may amend these terms. A voyage is governed by the version in force on the date of its voyage confirmation.