These General Terms and Conditions (hereinafter referred to as “terms”) apply to the booking of relocation services between clients (hereinafter “client” or “you”) and Relocately GmbH, Schicklerstraße 5-7, 10179 Berlin, Germany (hereinafter referred to as “Relocately GmbH” or “we”). All services of Relocately GmbH for clients are exclusively based on these terms.2.
If hereafter is referred to "consumers" or "entrepreneurs" within the meaning of the German Civil Code (BGB), the legal definitions apply: The client is deemed a consumer unless the purpose of the ordered goods and services can be attributed to commercial or independent professional activity. On the other hand, an entrepreneur is deemed any natural or legal person or legal partnership acting in exercise of their commercial or independent professional activity at the time the agreement is concluded.3.
Any deviating, opposing or additional terms of the client are not part of this agreement.4.
Please note that the “Convention on the Contract for the International Carriage of Goods by Roads”(“CMR”) does not apply to relocation contracts concluded with Relocately GmbH.
Relocately GmbH provides relocation services to the client, particularly to overseas territories such as America, Australia, Africa or Asia. Unless otherwise agreed, the services of Relocately GmbH during such removals cover the loading and unloading of the agreed removal goods from or to the move-out or move-in destination agreed with the client at the time of contract conclusion, as well as the transport of the removal goods from the move-out to the move-in destination by Relocately GmbH, including arrival and departure, driver, relocation personnel, vehicle fuel, ocean freight and port charges.2.
The client can commission Relocately GmbH to carry out additional services listed and disclosed by Relocately GmbH in the booking process on the website in connection with the relocation. The client can also add so-called "relocation services", which go beyond the actual removal service. The client will be informed by his personal account manager about our specific and current product portfolio.3.
The parties agree that the services related to the relocation such as the assembling or dismantling of furniture are not part of the contractual agreement between client and Relocately GmbH, and thus will be performed by the client, provided that the aforementioned activities have not been booked by the client as additional services as part of the removal agreement according to section 2.2 of these terms.4.
The transport of dangerous goods (within the meaning of section 4.5.1) is excluded for contracts with consumers, please see contracts with entrepreneurs, section 4.6.5.
The transport of removal goods that requires a special permit or an official or state permission for export or import is further excluded, unless Relocately GmbH has given prior written consent to the transport.6.
Relocately GmbH has the right to use other companies to provide its services. Relocately GmbH chooses subcontractors with the utmost care and continuously verifies its quality standards. Based on the agreement between client and Relocately GmbH subcontractors are allowed to plan and implement the contract on their own initiative, in particular in regard to the number of trips, vehicle size and number of relocation assistants. The interests of all parties must be taken into account and upheld.
A contract between Relocately GmbH and the client is concluded by the acceptance of an offer by the client to conclude a relocation contract as follows.2.
The client electronically provides a legally binding offer to conclude a relocation contract by completing the entire information and providing all required information/documents by clicking on the button "Book Now".3.
Relocately GmbH will confirm the receipt of the order electronically. This confirmation of receipt constitutes a binding acceptance of the client's offer.4.
The text of the contractual agreement will be made available to you according to legal regulations. We do not carry out any further data storage after contract conclusion.
The client is obliged to provide truthful and complete information, in particular regarding the required information of the move-in and move-out location (such as local circumstances, meter specifications for trips to/from the truck, elevator/floor number specifications, content of the Inventory list and -if applicable – of the packing list.).2.
The client is in particular obliged to provide a complete and truthful inventory list to Relocately GmbH or to communicate it to Relocately GmbH’s account manager during the consultation. As part of the booking process the client is obliged to enter the complete inventory list directly on the website and to verify it during booking process.3.
The client is further obliged to carry out all necessary preparatory work in a timely manner to facilitate the proper removal, in particular to package the removal goods and to draw up a detailed packing list. In return Relocately GmbH can provide supporting material. If the client has booked the necessary preparatory services as additional services with Relocately GmbH, the former obviously does not apply.4.
If required, the client is responsible for obtaining official permits for no-parking zones for the agreed removal period at the move-in and move-out location. If the client has booked the procurement of permit for a no-parking zone at the move-out and/or the move-in location as an additional service with Relocately GmbH, the company is obliged to procure these permits for the removal period agreed with the client. Procuring permits for no-parking zones is subject to approval by the municipal authorities.5.
In addition, the client has the following duties to facilitate the proper removal to be carried out:
The client is also obligated to notify Relocately GmbH without delay of any changes to the information regarding to the move-in or move-out location, as well as the removal goods and other performance-relevant aspects. This includes in particular but not exclusively retroactively installed construction sites, road blocks or other obstacles. Such alterations may require additional services by Relocately GmbH for which the client has to pay accordingly.
For payments, the client can only use the method of payment agreed to and indicated in the order. After contract conclusion Relocately GmbH will send the invoice to the client via e-mail.2.
If after contract conclusion additional expenses within the provision of services arise e.g. due to incorrect or incomplete information given by the client, due to changes in the trip length or due to insufficient fulfilment of the obligations defined under section 4, Relocately GmbH reserves the right to invoice the client for additional incurred expenses at the appropriate level.3.
If the client extends the scope of the services after the contract is concluded, e.g. by adding additional services, the agreed prices apply. Such extensions are to be communicated directly to Relocately GmbH - online, by e-mail or by telephone. We would like to point out that employees who carry out the removal on site have in principle no power of attorney and therefore cannot legally represent Relocately GmbH.4.
The client is only entitled to offset if his counterclaims have been legally established or are undisputed or acknowledged by Relocately GmbH. Furthermore, the client has only a right of retention if and as far as his counterclaim is based on the same contractual relationship.5.
Unless otherwise agreed, all invoice amounts from Relocately GmbH are immediately due and are to be transferred to the business account of Relocately GmbH. Please note that employees on site are not authorized to accept payments and such received payment does not have a liberating effect at the expense of Relocately GmbH.6.
In the event of a returned debit, for which the client is responsible as result of lack of funds in the account, account termination or unauthorized objection, the client must cover all costs caused by the return debit note.7.
In view of the efforts and costs of return debit notes we ask the client in the event of a withdrawal or cancellation from the contract not to object to the direct debit, but to allow Relocately GmbH to handle the return payment of the corresponding amount via return transfer or credit note. This request will obviously not limit your statutory rights.8.
The legal provisions about the carrier’s lien according to §§ 451, 440 ff. HGB (German Commercial Code) are applicable as well as for purchases (e.g. of moving boxes) of the following reservation of title: For consumers, we reserve the right to ownership of the purchased goods until the amount has been paid in full. For entrepreneurs while exercising their commercial or independent professional activities, for legal entities under public law or for special funds under public law, we reserve the right to ownership of the purchased goods until all outstanding claims arising from the business relationship are settled. The corresponding security rights may be transferred to third parties in accordance with the legal provisions.9.
§ 187 para. 1 BGB (German Civil Code) defines the payment deadline.10.
The full payment of the invoiced amount is made independently, subject to point 5.4, from the disbursement of any substitute claims.
Relocately GmbH has the right to withdraw from the contract with the client if the client has behaved in a manner contrary to the contract, in particular in regard to providing false and/or incomplete information in the context of the conclusion of the contract.2.
If on the day of the removal additional services are rendered due to facts which have not become part of the agreement between the client and Relocately GmbH, Relocately GmbH reserves the right to provide only the contractual services.
Please note that the right of withdrawal for consumers pursuant to § 312 g (2) Sentence 1 No. 9 BGB (German Civil Code) does not apply to contracts that provide services in connection with the transportation of goods if the contract includes a specific date or time period for the provision.2.
In addition, you will find here details on the statutory right of withdrawal for consumers as well as the lawful withdrawal form: Statutory right of withdrawal You have the right to cancel this contract within fourteen days without providing any reason. The period of withdrawal is fourteen days from the date of which you or a third party named by you, who is not the carrier, have taken possession of the goods. In order to exercise your right of withdrawal, you must inform us - Relocately GmbH, Greifswalder Straße 207 10405 Berlin Germany Phone: +49 800 724 4530 E-Mail: [email protected] – by means of a clear statement (e.g. a mailed letter or e-mail) of your decision to withdraw from this agreement. You may use the attached template withdrawal form, although this is not required. In order to meet the withdrawal deadline, it is sufficient to send the notification on the exercise of the right of withdrawal prior to the end of the withdrawal period.
Consequences of withdrawal If you withdraw from this agreement, we are obliged to refund all payments we have received from you, including delivery costs (except additional costs resulting from your option of a delivery method that differs from the most cost-efficient standard delivery offered by us) immediately and no later than within fourteen days from the date on which we received your notification of withdrawal from this agreement. For this payment, we will use the same payment method you selected in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse this repayment until we have recovered the goods or until you have provided proof that you have returned the goods, whichever of these occurs first. You must return the goods or deliver them to us immediately, or in any case no later than within fourteen days from the date on which you inform us of the withdrawal from this agreement. The deadline is met as long as you dispatch the goods prior to the end of the deadline of fourteen days. You are responsible for the direct costs of returning the goods. You are only responsible for any value loss of the goods if such loss is the result of handling other than what was necessary to determine the suitability, characteristics and function of the goods. Template withdrawal form If you wish to withdraw from the agreement, please fill out this form and return it to us: Relocately GmbH, Greifswalder Straße 207 10405 Berlin Germany Phone: +49 800 724 4530 E-Mail: [email protected] I/We () hereby withdraw from the agreement which I/we () concluded for the provision of the following service () Ordered on ()/received on () Name of consumer(s) Address of the consumer(s) Signature of the consumer(s) (only for notification on paper) Date: ______ () delete as applicable.
The following applies to all removals: If the client cancels the agreement after conclusion of the contract with Relocately GmbH, then Relocately GmbH is entitled up to 30% of the agreed remuneration arising from the contractual relationship of the parties.2.
The voluntary right to cancel expires if the client postpones the agreed removal date more than twice after contract conclusion and Relocately GmbH accepts such a postponement of an already agreed removal date on a case-by-case basis as a gesture of goodwill.
The liability of Relocately UG for loss of or damage to removal goods is limited to the amount of EUR 620 per cubic meter of cargo space required for performing the contract with the client.2.
If Relocately UG is liable for damages due to the breach of a contractual obligation in connection with the carriage of goods not caused by the loss of or damage to the removal goods or by the failure to comply with the delivery date, and if these are damages other than property or personal injury, liability will be limited in such cases to three times the amount which would have to be paid upon the loss of goods.3.
Relocately UG is exempt from liability if the loss or damage is attributable to one of the following risks, but only if Relocately UG has undertaken all the measures required under the circumstances and has complied with special instructions: i. transport of precious metals, jewels, precious stones, money, stamps, coins, securities or documents; ii. insufficient packaging or labelling by the client; iii. handling, loading or unloading of the goods by the client; iv. transport of goods not packed by Relocately UG in containers; v. loading or unloading of removal goods whose size and weight does not correspond to the size of the available space at the loading or unloading site, provided that Relocately UG has advised the client of the risk of damage in advance and the client insisted that performance of service be rendered; vi. transport of livestock or of plants; vii. natural or defective condition of the removal goods which means that they will be easily susceptible to damage, particularly breakage, malfunctions, rust, internal decay or leakage.4.
Relocately UG is further released from liability if the loss, damage or the failure to comply with the delivery date is based on circumstances which Relocately UG could not have avoided even when exercising the greatest possible care and whose consequences Relocately UG could not avert.5.
The reimbursement of accommodation and transport costs due to a removal failure is limited to € 50.00 per day per person living in the household.6.
As far as the client is a consumer, he/she is hereby informed of the possibility to agree to a more extended liability or to insure the removal goods.7.
In all other cases not covered by section 9.1 to 9.6, Relocately UG is liable in the event of damages of the client (a) from injury to life, body or health due to a breach of duty by Relocately UG, (b) within the scope of the Product Liability Act from assuming a guarantee or because of wilful deceit, (c) if Relocately UG caused the damage intentionally or by gross negligence, and/or (d) if the damage was caused by a breach of an obligation by Relocately UG required for the proper execution of the agreement, and on which the client relies and may rely on a regular basis (cardinal obligation). Relocately UG accepts unlimited liability in cases referred to in points (a), (b) and/or (c). Otherwise, the damage is limited to foreseeable damages that are typical of the contract. The liability provisions in the preceding paragraphs also apply to the personal liability of Relocately UG’s bodies, employees and vicarious agents.
Claims of the client against Relocately UG for loss of or damage to the removal goods expire, i. if the loss of or damage to the goods was externally visible and Relocately UG has not been notified about such loss or damage by no later than the day after the move-out or move-in, ii. if the loss of or damage to the goods was not externally visible and Relocately UG has not been notified within fourteen days of delivery, iii. if a non-performed service has not been reported to Relocately UG by no later than the day after the delivery.2.
Client’s notice pursuant to section 10.1 must specify the loss or damage clearly and sufficiently. A damage notification after delivery of the removal goods must be given in writing by the client. If a loss or damage is noted upon delivery of the removal goods it is sufficient to report the damage to the person delivering the goods. For the damage report the client may use the form provided on Relocately UG’s website.3.
All documents relevant to the claim must be submitted to Relocately UG within a maximum of 7 days from the day of the disclosure of the damage/loss or non-fulfilment of service.
The law of the Federal Republic of Germany applies to all contracts between Relocately UG and the client excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions to restrict the choice of law and apply mandatory rules remain unaffected, in particular of the state, in which the client has his/her habitual residence as a consumer.2.
If the client is a merchant, a legal entity under public law or a specific fund under public law, the place of jurisdiction is the registered office of Relocately UG for all disputes arising from contractual relationships between the client and the provider.3.
Even if individual provisions of this agreement are invalid, the other parts of the agreement remain binding. The statutory regulations replace the invalid parts of the agreement, if available.
Basis of the insurance
If DTV Cargo 2000/2008 (All-Risks) extends to the insurance of removal goods, the following special terms and conditions apply.