Note: This document is under ongoing legal review and revision. It does not constitute final legal advice. For questions, please contact pht@mail.ch.
1. Scope
These Terms & Conditions ("Terms") govern the use of the FairFreight International platform (fairfreight.international), operated by Bonlife Schweiz, Philippe Tanner, Postfach 310, 9001 St. Gallen, Switzerland (hereinafter "FairFreight" or "we"). By registering, creating a certificate, or using the verification tool, you accept these Terms.
2. Description of Service
FairFreight provides a technical tool for documenting and cryptographically signing destination port charges declared by exporters (hereinafter "Certificate"). The Certificate is based on a SHA-256 hash value calculated from the data entered by the exporter, enabling importers to subsequently verify that this data has not been altered.
FairFreight is not a party to the underlying freight or purchase contracts, is not a freight forwarder, does not guarantee payment, and does not verify the factual accuracy of the declared amounts. We confirm only the technical integrity of the entered data since certificate creation (cryptographic integrity) — not its factual correctness.
3. Registration and Account
Use of the platform requires an account with a chosen role (exporter or importer). Certificate creation is a paid service for exporters; use of the verification tool is free for importers. You are required to provide truthful information upon registration and to keep your login credentials confidential.
4. Prices and Payment Terms
The following prices apply (in Swiss francs, including any applicable statutory charges):
- Single certificate: CHF 8.— per certificate
- Annual access: CHF 88.— one-time, valid for 365 days from purchase, no automatic renewal
Payment processing is handled exclusively via Stripe, Inc. Upon successful payment, the service (certificate creation or annual access) is provided immediately. A statutory right of withdrawal under distance-selling law does not apply, as this is a digital service that is fully performed immediately (Art. 40g para. 2 lit. a CO, by analogy).
5. Exporter Obligations
The exporter is solely responsible for the accuracy and completeness of the fees declared in the certificate. FairFreight does not verify whether the declared amounts are market-appropriate, correct, or complete. In the case of intentionally false statements, the exporter is directly liable to the importer; FairFreight is released from any resulting liability.
6. Certificate Validity
At the time of creation, the exporter selects a validity period (30, 60, 90, or 120 days from creation). The certificate applies to shipments made within this period. After the selected period has expired, the certificate no longer constitutes a guarantee regarding the currency of the declared fees.
6.1 Exclusions from the Cost Guarantee
The following are excluded from the "no further port charges" guarantee:
- Force majeure: verifiable, extraordinary fees arising from force majeure (e.g. port closures, strikes, route diversions, natural events), provided they are evidenced by official documents from the terminal or carrier.
- Demurrage / detention: storage fees arising from delayed customs clearance or pickup by the importer are not within the exporter's area of responsibility and are not covered by the certificate.
- Expiry of the validity period: fee changes (e.g. carrier tariff adjustments) occurring after the selected validity period has expired are not covered.
7. Dispute Procedure
If the freight forwarder's actual invoice deviates from the fees declared in the certificate, the importer may generate a dispute letter via the verification tool. FairFreight provides only the technical tool for this purpose; legal enforcement is the responsibility of the importer against the exporter or freight forwarder.
8. Liability
8.1 FairFreight is liable without limitation only for intent or gross negligence for damages resulting from a demonstrable malfunction of the platform (e.g. incorrect hash calculation). Otherwise, liability is, to the extent permitted by law, limited in amount to the sum paid by the user for the relevant certificate or annual access.
8.2 FairFreight is not liable for the factual accuracy of the data declared by the exporter, for damages arising from third parties' failure to observe the exclusions set out in Section 6, or for indirect damages, lost profits, or consequential damages of any kind.
8.3 Mandatory statutory liability provisions (in particular Art. 100 para. 1 CO regarding intent and gross negligence) remain unaffected by the foregoing provisions.
9. Intellectual Property
All content on the platform — software, design, text, logos — is protected by copyright and is the property of Bonlife Schweiz. Reproduction or use outside the intended use of the platform is prohibited without express consent.
10. Termination and Account Deletion
Users may have their account deleted at any time without giving reasons. Certificates already created remain valid with their cryptographic fingerprint for evidentiary purposes; personal account data is deleted or anonymised in accordance with our Privacy Policy. FairFreight reserves the right to suspend accounts in the event of misuse (e.g. repeated, demonstrably false declarations).
11. Changes to these Terms
We reserve the right to amend these Terms as needed, in particular to adapt to changed legal or technical circumstances. The current version is always available on this page. Registered users will, where possible, be notified in advance of material changes.
12. Governing Law and Jurisdiction
These Terms are governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from or in connection with these Terms is St. Gallen, Switzerland, unless mandatory statutory provisions prescribe a different jurisdiction.
13. Final Provisions
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid one.