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Terms and Conditions

General Terms and Conditions of carmovia GmbH for Commercial Customers / Clients for Vehicle Transport by truck. As of October 2024

1

– Definitions

"carmovia" refers to carmovia GmbH. "Customer" is an entrepreneur within the meaning of § 14 BGB (German Civil Code) who places transport orders via the platform. "Vehicle" is any motor vehicle handed over by the customer for transport.

"Platform" refers to the digital booking environment of carmovia. "SZR" refers to special drawing rights of the IMF.

2

– Scope

These General Terms and Conditions apply to all contracts for vehicle transport on a third-party vehicle that are concluded exclusively digitally via the platform. The customer's general terms and conditions are excluded.

In addition, the German Commercial Code (HGB) applies, and for international transport, the CMR applies.

3

– Conclusion

By entering the transport data on the platform, the customer submits a binding offer. The contract is only concluded upon confirmation of this order by carmovia. carmovia may reject orders at any time without giving reasons until confirmation. Fixed dates are only valid if they have been confirmed by carmovia in writing or in text form. carmovia may make acceptance of the order dependent on a reasonable down payment.

4

– Obligations of carmovia

carmovia will pick up the vehicle at the agreed time, transport it properly, and deliver it. Custody begins when the vehicle is opened and ends upon delivery or parking in accordance with instructions. The condition of the vehicle will be recorded and photographed. carmovia is entitled to engage third parties (subcontractors) to carry out the transport. Carmovia will only select subcontractors who are reliable and competent.


If obstacles or delays arise during transport, carmovia shall inform the customer immediately and seek their instructions. If the customer cannot be reached, carmovia may, at its discretion, take measures to secure and deliver the vehicle. Any additional costs incurred as a result shall be borne by the customer, unless carmovia is responsible for the obstacle.

5

– Obligations of the customer

The customer assures that they are authorized to dispose of the vehicle and shall inform carmovia of all essential circumstances (vehicle type, condition, previous damage, special dimensions/weights, dates, necessary accessories, etc.) that may affect the execution of the order when placing the order. The customer shall notify carmovia immediately of any changes to these circumstances. If any essential information is omitted, the customer shall be liable for any additional costs, damage, or delays resulting therefrom.


The customer shall hand over the vehicle in a condition suitable for operation and transport, provide all documents and keys, cooperate in the documentation, and is responsible for securing the interior of the vehicle.


Externally visible damage to the vehicle must be reported by the customer upon handover, otherwise it shall be deemed not to exist.


The customer is responsible for securing items inside the vehicle—such as loose goods being transported, such as spare tires—to prevent damage caused by slipping.


carmovia is entitled to refuse or interrupt the transport service owed if the customer does not fulfill their obligations to cooperate or pay.

6

– Delivery and damage report

The vehicle shall be delivered against signature of a receipt by the recipient. At the customer's request, the receipt shall state when, where, and by whom (name, company) the vehicle was taken over.

Obvious damage must be noted on the receipt upon delivery and reported to carmovia in writing immediately, at the latest within 24 hours of delivery.


Hidden (externally unrecognizable) damage must be reported to carmovia in writing immediately after discovery, but no later than 7 days after delivery.


Delivery delays must be reported in writing within 21 days.

7

– Remuneration and terms of payment

Prices are net plus VAT.


Payments can be made in advance or upon receipt of invoice.


Waiting times of up to 45 minutes at the place of acceptance or delivery are free of charge. For each additional half hour of waiting time, a net amount of $30.00 will be charged.


Offsetting or retention only in the case of undisputed or legally binding claims.


Claims of the customer against carmovia arising from the transport relationship may not be assigned without the consent of carmovia.

8

– Liability

carmovia shall be liable – in deviation from § 431 HGB (German Commercial Code) – up to 40 SDR/kg gross weight. No limitation of liability in cases of intent, gross negligence or injury to life, limb or health.


carmovia accepts no liability for damage to the vehicle or the load therein caused by insufficient securing of the items in the vehicle by persons other than the driver.

9

– Limitation period and exclusion period

Claims arising from the contractual relationship shall become time-barred within 12 months and shall expire at the latest after 18 months.

10

– Insurance

carmovia maintains traffic liability and transport insurance. At the express request of the customer, carmovia will take out additional transport insurance for the specific vehicle at market conditions at the customer's expense.

11

– Termination by the customer

If the customer cancels the order before the start of the transport, the following flat rates apply:


· Up to 72 hours before the agreed pick-up time: 25% of the agreed remuneration

· 24 to 72 hours in advance: 75% of the remuneration

· Less than 24 hours in advance: 100% of the remuneration.


The customer reserves the right to prove that carmovia has incurred less damage.

12

– Force majeure

If carmovia is prevented from delivering on time due to circumstances beyond its control (such as natural disasters, traffic accidents, strikes, official orders, etc.), the delivery period shall be extended by the duration of the hindrance. If the transport is completely or partially impossible due to such circumstances, carmovia shall be released from its obligation to perform for the duration of the hindrance. carmovia shall inform the customer immediately of any significant delays or the impossibility of performance.

13

– Data protection

Personal data is processed in accordance with the GDPR and the published data protection provisions.

14

– Confidentiality

Both parties undertake not to disclose confidential information without authorization.

15

– Choice of law and place of jurisdiction

All disputes arising from or in connection with this contract shall be governed by German law. The place of jurisdiction shall be Hamburg, insofar as this is legally permissible. In the case of cross-border transport, Hamburg shall be deemed an additional place of jurisdiction within the meaning of Art. 31 (1) CMR. Mandatory places of jurisdiction shall remain unaffected.

16

– Final provisions

Should individual clauses be invalid, the validity of the remaining clauses shall remain unaffected.