The General Terms and Conditions of the Port of Antwerp-Bruges have been updated and brought into line with the new Civil Code. Find out how the changes affect delivery times, liability and limits.
The new Civil Code is gradually coming into force. Given that the Port’s previous terms and conditions had applied since 1 April 2009, they were in urgent need of modification. The new terms and conditions clearly incorporate the new Book 6 of the Civil Code. An overview of the main changes/additions is given below.
1. Auxiliary personnel are specifically mentioned with reference to both principal and contractor. The contractor is not liable for gross negligence or deliberate recklessness on the part of its auxiliary personnel. The purpose of the terms and conditions is to define the persons’ responsibilities (Art. 6.5).
2. As an exception to Art. 5.23 § 3, the principal’s general terms and conditions do not form part of the agreement. However, the principal is always covered by a damage limitation obligation, to prevent conflicting conditions from creating impasses due to the international activities in the port.
3. The delivery or completion period that is stated is indicative unless expressly agreed otherwise in writing. Even binding deadlines may be deviated from in the following scenarios:
A change in circumstances of which the contractor was not aware and was not expected to be aware
Additional work or a modification to the order
The contractor suspending the order for legitimate reasons (e.g. non-payment of an invoice)
4. The risk transfers from contractor to principal at the time of delivery. From that point on, risks associated with storage, collection, unloading and so on are borne by the principal. The contractor is responsible for cleaning up and/or removing any damaged goods. This ensures a clear transfer of liability and insurance obligations.
5. The principal must give notice within 14 days if the completion of the order cannot be considered to have been accepted. A principal who refuses approval must submit a written objection within the following deadlines:
6. The agreement is an obligation of best endeavour. If changing circumstances make the work more onerous for the contractor, it must be renegotiated. Price increases beyond the contractor’s control may be passed on to the principal, providing additional protection.
7. The liability limits have been index-adjusted:
8. The possibility of initiating a non-contractual claim has been restricted. For instance, the persons may not initiate non-contractual claims against each other that overlap with the agreement, and the persons must waive any non-contractual claim against auxiliary personnel. If the principal enters into an agreement with third parties in which the contractor acts as an auxiliary person, the contractor will also be protected against non-contractual liability as an auxiliary person in this agreement. This prevents double liability and provides greater legal certainty for all persons involved.
If you want to be able to apply the Port’s terms and conditions, make sure they are enforceable. No later than at the time of conclusion of the agreement, you should at least refer to the location where these terms and conditions can be consulted. Be sure to check that the reference is to the most recent version of the terms and conditions, too: the new version came into force on 15 July 2025. This will prevent any disputes about the applicability of the terms and conditions.
A port is a separate world, with its own rules, its own customs and even its own language. A port authority that wants to cover its risks properly therefore uses insurance solutions that take these features accurately into account. We’ve listed the key points to consider.