1. Obstacles to performance that are not attributable to the risk area of a contracting party release the contracting parties in the scope specified in Section 2 for the duration of the disruption and its effect on the respective area of responsibility from the performance or cooperation obligations. Such obstacles to performance include force majeure, unrest, acts of war or terrorism, natural disasters, pandemics (e.g. COVID-19), epidemics, industrial action (strikes, lockouts, etc.), failures caused by third parties or restrictions on electronic data exchange, cyber crime by third parties , Blocking of transport routes as well as other unforeseeable, inevitable and serious events. Furthermore, this includes operational disruptions of the traction or means of transport, unforeseen blockages of the transport routes and legal personnel restrictions as well as interruptions to restore the transportability of wagons or loading units of third parties. The parties agree that legislative, regulatory, administrative and other measures that are carried out or ordered by government bodies in connection with the aforementioned performance obstacles, as well as other related impairments (e.g. staff shortages, closings) national borders, areas and transshipment points, changed access regulations of the goods recipients) are obstacles to performance within the meaning of section 1.
2. In the event of an obstacle to performance within the meaning of section 1, the contractual party prevented from performing its performance is obliged to notify the other party immediately; we are also obliged to obtain instructions from the customer. If instructions from the customer cannot be obtained in good time, cannot be carried out or cannot be carried out in a reasonable manner, we are entitled, taking into account the interests of the customer, to act at our discretion, which is to be exercised in accordance with our duties, and to inform the customer of this as far as possible. In particular, we reserve the right to reject orders or instructions from the customer, to change our services in whole or in part after informing the customer, to modify our work processes or to take other necessary measures to adapt business operations to the current situation.
3. If we provide the contractual services in the event of an obstacle to performance within the meaning of Section 1. or in a modified form as per Section 2. and this incurs additional costs, we are entitled to demand compensation from the customer. These include, in particular, additional or increased fees, remuneration from carriers and other service providers, handling facilities, terminals and competent authorities, e.g. costs for security measures, expenses for interim storage due to traffic ("additional costs") on evidence.
4. We are released from any liability arising from or in connection with the contract if and to the extent that the damage was caused by an impediment to performance within the meaning of section 1.
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