We make carmoving fast & simple
We make carmoving fast & simple
carmovia GmbH (hereinafter referred to as 'carmovia') offers and organizes vehicle transfers of used and new vehicles for both domestic and international transportation. The individual transports are carried out by subcontractors.
These Terms and Conditions apply exclusively to vehicle transport by truck and only for orders placed by business customers (hereinafter referred to as 'customers'). For vehicle transport by truck, the vehicle is transported using a car carrier (truck, semi-trailer, or trailer).
carmovia does not accept any general terms and conditions from the customer. Each transport order is executed without applying the terms of the industry associations, in particular the ADSp, VGBL, etc.
The contractual relationship between the parties under these Terms and Conditions is supplemented by the provisions of the German Commercial Code (HGB) for domestic transports and by the provisions of the CMR for international transports, unless these provisions have been legally modified by these Terms and Conditions.
1
The customer contacts carmovia via its website / online platform. This is done by filling out the form provided on carmovia's online portal with all required information, which the customer must provide accurately.
carmovia creates a detailed cost estimate based on the customer's information. If necessary, a carmovia representative will contact the customer beforehand.
On carmovia's website, a form summarizes the details of the order, allowing the customer to review the information. The customer can then book the specific transport directly via the website, phone, or email according to these terms. By clicking the confirmation button, the customer places the order and may be required to make a deposit either during or after the booking process, depending on the chosen booking method.
The proper completion of the deposit constitutes a binding acceptance of carmovia's offer by the customer, thus forming a contract with carmovia.
Transport dates are only binding if they are explicitly agreed upon in writing.
carmovia reserves the right to reject orders; reasons are not required.
Advance payment
Invoice
VANNOVATE issues an invoice to the customer showing the applicable VAT.
The customer is not entitled to offset carmovia's claims from the freight contract or assert rights of retention, unless the customer's counterclaims are undisputed or legally determined.
2
The customer must hand over the vehicle to be transported in a transportable condition at the agreed time and place. They confirm that they have the right to transfer the vehicle.
Before carmovia takes over the vehicle, the customer assists in creating a written condition report for the vehicle. carmovia takes photos of the vehicle for documentation of its current condition before transport and as evidence for potential damage or insurance claims.
The customer is responsible for securing the load within the vehicle, particularly for any items stored inside (e.g., wheels or wheelsets). carmovia is not liable for damages caused by the movement of such items within the vehicle.
The customer is responsible for securing the load within the vehicle, particularly for any items stored inside (e.g., wheels or wheelsets). carmovia is not liable for damages caused by the movement of such items within the vehicle.
3
carmovia is obliged to collect the vehicle at the agreed time and place.
carmovia must load, transport, and deliver the vehicles to the agreed destination without damage and within the agreed time. The vehicles will be unloaded and delivered to the correct recipient.
carmovia's responsibility for the vehicle begins upon the first opening of the vehicle with the key provided by the customer and ends when the vehicle is delivered to the recipient or placed as instructed.
carmovia's responsibility for the vehicle begins upon the first opening of the vehicle with the key provided by the customer and ends when the vehicle is delivered to the recipient or placed as instructed.
4
carmovia has the right to demand written confirmation of delivery, which must be signed by the recipient.
If a loss or damage is externally visible and the recipient or customer does not notify carmovia at the time of delivery, it is assumed that the vehicle was delivered in full and undamaged. The notice must clearly describe the damage or loss.
The same presumption applies if the damage or loss is not externally visible and not reported within seven days of delivery.
Claims for exceeding the delivery period expire if the recipient does not notify carmovia within twenty-one days of delivery.
Any damage notification must be submitted to carmovia in written form.
5
Waiting times at the loading location are included in the agreed compensation for up to 45 minutes. If carmovia has to wait longer for reasons beyond its control, a waiting charge of €30.00 net for each additional half hour will apply. This also applies to waiting times at the unloading location.
6
carmovia's liability under these Terms and Conditions is based on German law for domestic transports and on the CMR for international transports, unless these have been legally modified in these Terms.
For damages and losses during transport, including loading and unloading, carmovia's liability deviates from § 431 HGB to an extended liability of 40 Special Drawing Rights (SDR) of the International Monetary Fund for each kilogram of the vehicle's gross weight. This liability limit also applies to other financial losses under § 433 HGB.
The above liability limits do not apply in cases of injury to life, health, or damage caused by willful misconduct or gross negligence by VENOVATE or a person referred to in § 428 HGB.
7
carmovia has taken out transport and liability insurance for all damages for which it is liable under these Terms. Proof of insurance can be provided upon request by the customer.
carmovia will arrange additional insurance for the goods (cargo insurance) at the customer's written request when the contract is concluded.
When placing this order, the customer also has the option of specifying a separate goods value for insurance of the goods.
The customer can provide a separate goods value for the insurance. This value must be substantiated with verifiable documents (e.g., a commercial invoice).
8
If the customer cancels less than 24 hours before the agreed transport date, 100% of the agreed transport price will be charged. For cancellations between 24 and 48 hours, 75% of the transport price will be charged.
For cancellations between 48 and 72 hours, 10% of the transport price will be charged.
The customer retains the right to prove that no or a lesser damage has occurred.
The cancellation conditions also apply to rescheduled orders within the same timeframes, as a gesture of goodwill.
9
The law of the Federal Republic of Germany applies, unless mandatory legal regulations contradict this. This also applies if the provisions of the CMR refer to national regulations.
10
The exclusive place of jurisdiction for all disputes arising from or related to orders between carmovia and customers is Hamburg. Where CMR is mandatory, the aforementioned jurisdiction applies as an additional jurisdiction under Art. 31 Sec. 1 CMR.
11
Should any individual provisions of these clauses or parts thereof be invalid or unenforceable, this does not affect the validity of the remaining provisions. The invalid or unenforceable part is to be replaced with a valid and enforceable provision that closely reflects the parties' intent and the economic purpose of the agreement. This also applies to any gaps in the provisions.
