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Terms and conditions

For vehicle transfers driven under their own power.

§ 1 Scope and contracting parties

These terms and conditions apply to all contracts for vehicle transfers between the provider named in the legal notice (the “Contractor”) and the client.

Deviating terms of the client do not become part of the contract unless the Contractor expressly agrees to them in text form.

A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code). An entrepreneur is anyone acting in the exercise of their trade, business or profession when concluding the contract (§ 14 German Civil Code).

§ 2 Subject of the service

The Contractor transfers the vehicle named by the client from the agreed pick-up location to the agreed destination. The transfer is carried out under the vehicle’s own power, meaning the vehicle is driven and not carried on a trailer or car transporter.

Cars, SUVs, sports cars, luxury vehicles and vans up to 3.5 t permissible total mass are transferred.

Additional services — in particular documenting the vehicle’s condition, recording the mileage and the fuel or charge level, handover photos and coordinating appointments with third parties — are only owed if expressly agreed.

§ 3 Quote and conclusion of contract

The presentation of services on this website is not a binding offer but an invitation to submit an enquiry.

By sending an enquiry through the form, by phone, by email or by messenger, the client requests a quote. On that basis the Contractor prepares an individual quote at a fixed price. The contract is concluded when the client accepts that quote and the Contractor confirms the order.

An enquiry is non-binding and free of charge.

§ 4 Prices and payment

The fixed price stated in the quote applies. It covers the services listed there including the outward and return journey and — unless expressly agreed otherwise — fuel and tolls.

Subsequent changes to the order by the client, in particular changes to the pick-up location, the destination or the date, may change the price. The Contractor points out any such change before carrying out the transfer.

Payment is due after invoicing without deduction unless agreed otherwise. The client receives an invoice; whether VAT is shown depends on the Contractor’s tax situation.

§ 5 The client’s obligations to cooperate

The client ensures that at the agreed pick-up time:

  • the vehicle is roadworthy and safe to drive,
  • a valid registration plate and existing insurance cover are in place — regular registration, a short-term plate or a red dealer plate,
  • the vehicle documents required for the journey and at least one key are handed over,
  • the vehicle is accessible at the agreed location and a person authorised to hand it over is present or reachable,
  • known defects, particularities or limitations of the vehicle are communicated in advance.

§ 6 Consequences of missing cooperation

If the requirements under § 5 are not met and the transfer therefore cannot be carried out, or cannot be carried out as agreed, the Contractor may invoice the documented costs incurred — in particular a wasted outward journey.

§ 7 Insurance and cover

The client is obliged to inform the Contractor about the vehicle’s existing insurance cover before the journey begins. If there is any doubt about insurance cover, the transfer will not be started.

§ 8 Dates and performance

Dates for pick-up and handover are agreed individually. They are binding if they have expressly been confirmed as binding.

If delays occur due to circumstances for which the Contractor is not responsible — in particular traffic conditions, weather, strikes, official orders or technical defects of the vehicle — the date shifts accordingly. The Contractor informs the client without undue delay.

The Contractor may engage suitable third parties to carry out the transfer. In that case the Contractor remains the client’s contracting party.

§ 9 Handover and condition report

At pick-up and at handover the vehicle is inspected together, provided an authorised person is present. If a condition report has been agreed, the Contractor records the condition, the mileage and the fuel or charge level and makes the documentation available to the client.

Recognisable damage must be reported without undue delay at handover. For entrepreneurs, § 377 of the German Commercial Code applies in addition.

§ 10 Cancellation

The client may cancel the order before the journey begins. Costs already incurred — in particular an outward journey already started or tickets already booked — must be reimbursed.

The statutory right of withdrawal for consumers in distance contracts remains unaffected; the details are set out in the withdrawal policy.

§ 11 Liability

The Contractor is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the provisions of the German Product Liability Act.

In cases of ordinary negligence the Contractor is only liable for breach of a material contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the client may regularly rely. In that case liability is limited to the damage foreseeable at the conclusion of the contract and typical for this type of contract.

Any further liability is excluded. No liability is accepted for normal signs of use arising from the intended use of the vehicle on the agreed route, nor for damage resulting from pre-existing defects that were not communicated to the Contractor.

§ 12 Final provisions

The law of the Federal Republic of Germany applies. For consumers this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.

If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Contractor’s registered office.

Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.

Note

These terms were written for the vehicle transfer business. They are not a substitute for legal advice. Before going into production they should be reviewed by a lawyer for this specific operation — in particular the provisions on liability, insurance and cancellation.