Common use of CAPACITY ALLOWANCE Clause in Contracts

CAPACITY ALLOWANCE. 2.1 Eurotunnel will, so far as reasonably practicable, permit the Freight Operator’s Commercial Vehicles to travel through the Fixed Link to the extent that is within the Capacity Allowance for each Day. Eurotunnel may at its absolute discretion (but is not obliged) refuse carriage to the Freight Operator’s Commercial Vehicles which are in excess of the Capacity Allowance for the applicable Day. 2.2 The Freight Operator may, at any time, request that Eurotunnel amend the Capacity Allowance. Eurotunnel may, provided it can reasonably accommodate the new Capacity Allowance, approve the amended Capacity Allowance and make any necessary adjustments to the Freight Rate. Any such amendments shall become effective upon Eurotunnel’s written confirmation being sent to the Freight Operator. 2.3 Eurotunnel will periodically review the Freight Operator’s actual figures for travel through the Fixed Link and reserves the right to adjust on this basis the Capacity Allowance and consequently the Freight Rate.