According to this judgement, the logistic services provider must prove that the party for whom the service was provided has accepted the general conditions. However, these criteria almost always constituted too big a hurdle. Another form of proof consists of convincing the courts that the general conditions are a local custom. In November 1995, the Court of Appeal in Antwerp decided that a contract not only creates obligations which are expressly stipulated, but also imposes upon the parties the obligations generated by a particular type of contract. This judgement, rendered by the specialised maritime chamber of the Court of Appeal, came as a surprise as the first part of the judgement appears to contradict the second part.
All claims are time-barred after one year.
This gives food for thought.