In the following, Smoover UG, Senftlstr. 9, 81541 Munich is the “freight forwarder” and provider of the moving services (“Spedition” in German law).
The consignor, hereinafter referred to as the “consignor” of Smoover, enters into a forwarding contract with Smoover by accepting the offer. The following makes reference to relevant sections of the Handelgesetzbuch (HGB), in accordance with German law regulating transport and spedition.
These general terms and conditions (hereinafter: GTC) apply to all contracts of Smoover UG for moving services including the booking of these services, the initiation of the contract and the conclusion of the contract. These terms and conditions apply exclusively. General terms and conditions from consignors are not accepted.
Forwarding Contract (according to Section 453)
(1) The forwarding contract obliges the freight forwarder to arrange for the goods to be dispatched.
(2) The consignor is obliged to pay the agreed remuneration.
Arranging the Shipment (according to Section 454)
(1) The obligation to arrange the shipment includes the organization of the transport, in particular
- the determination of the means of transport and the route of transport,
- the selection of executing contractors, the conclusion of the freight, storage and forwarding contracts required for the shipment as well as the issuing of information and instructions to the executing contractors and
- securing the consignor’s claims for damages.
(2) The duties of the freight forwarder also include the performance of other agreed services related to the transport, such as insurance and packaging of the goods, their labeling and customs handling (if applicable). However, the freight forwarder only owes the conclusion of the contracts required to provide these services if this results from the agreement. Only services part of the moving contract shall be performed. If the actual scope deviates from the planned scope, a repricing of efforts shall take place. This overview can be used.
(3) The freight forwarder concludes the necessary contracts in his own name or, if he is authorized to do so, in the name of the consignor.
(4) In fulfilling his duties, the freight forwarder has to safeguard the interests of the consignor and follow his instructions.
Handling of the goods, accompanying documents, notification and information obligations (according to Section 455)
(1) The consignor is obliged to pack and label the goods, if necessary, and to provide documents and to provide all information that the freight forwarder needs to fulfill his obligations. If dangerous goods are to be dispatched, the sender must inform the freight forwarder in good time in writing of the exact type of danger and, if necessary, of the precautionary measures to be taken.
(2) The consignor has, even if he is not at fault, to reimburse the freight forwarder for damages and expenses that are caused by
- insufficient packaging or labeling,
- Failure to report the dangerousness of the goods or
- Missing, incompleteness or inaccuracy of the documents or information required for an official treatment of the property.
(3) If the consignor is a consumer, he only has to compensate the freight forwarder for damages and expenses in accordance with paragraph 2 if he is at fault.
Due date of remuneration (according to Section 456)
The remuneration is to be paid when the goods have been handed over to the freight forwarder or shipper. The freight forwarder may extend the due date of remuneration.
Terms of payment
Smoover offers payment via bank transfer (Überweisung). In most cases a down-payment to reserve the move is required with the remaining balance to be paid on the day of the move. Only payments received by Smoover via traceable channels (bank transfer) are used to offset the balance of the move contract.
If Smoover incurs additional expenses after the conclusion of the contract as part of the provision of services, e.g. B. due to incorrect or incomplete information from the consignor , due to a change in the length of walking routes Smoover reserves the right to invoice the consignor the relevant effort.
The consignor receives an invoice in electronic form. The consignor is only entitled to offset against claims from Smoover if his counterclaims have been legally established, recognized or are undisputed by Smoover. The consignor is only entitled to a right of retention if and to the extent that his counterclaim is based on the same contractual relationship.
Right of cancellation
If the consignor cancels the contract after conclusion of the contract, but at least 15 days before the agreed moving date, Smoover is entitled to 20% of the agreed remuneration.
If the consignor cancels the contract later than 15 days, but at least 8 days before the agreed moving date, Smoover is entitled to 50% of the agreed remuneration.
If the consignor cancels the contract later than 7 days before the agreed relocation date, Smoover is entitled to 100% of the agreed remuneration.
The possibility of cancellation does not apply if the originally agreed moving date has already been postponed by the consignor after the conclusion of the contract and this postponement has been accepted by Smoover.
Cancellations can only be made using electronic means and are only valid if Smoover has responded with a confirmation of receipt.
Self-transport (according to Section 458)
The freight forwarder is authorized to transport the goods by himself. If he makes use of this authorization, he has the rights and obligations of a carrier with regard to the transport. In this case, in addition to remuneration for his activity as a freight forwarder, he can demand remuneration for activity as a forwarding agent.
Forwarding at fixed costs (according to Section 459)
Insofar as a certain amount has been agreed as remuneration, which includes costs for the transport, the freight forwarder has the rights and obligations of a carrier with regard to the transport. In this case he is only entitled to reimbursement of his expenses insofar as this is customary.
Combined loads (according to Section 460)
(1) The freight forwarder is authorized to dispatch the goods together with the goods of another consignor on the basis of a freight contract concluded for combined loads.
(2) If the freight forwarder makes use of this authorization, he has the rights and obligations of a carrier with regard to the transport in combined loads. In this case, the freight forwarder can demand remuneration appropriate to the circumstances, but no more than the usual freight for the transport of the individual good.
Securing of items with movable internal parts
The consignor is obliged to prepare appropriately items with movable or electronic parts or highly sensitive devices such as washing machines,
turntables, televisions, printers, radios and hi-fi devices, etc. The moving company is not obliged to check that such items have been properly secured for transport.
It is the consignor’s responsibility to ensure that adequate parking is available for the loading and/or unloading of vehicles outside the building entrance on the day of the transport. If parking is not available in the immediate vicinity of the loading or unloading location (up to 15 m from the front door), the consignor is liable to incur additional costs, which will be charged at the discretion of the freight forwarder, taking into account additional labor time and any other expenses. If a No Parking Zone is necessary to reserve a space, the consignor should inform the freight forwarder in good time, with at least 2 weeks notice being necessary to secure the relevant permit.
Transport of heavy items
If heavy transport is necessary (large or bulky, heavy items, that may also require some disassembly) there will be charged at additional costs. If transport of heavy items has not been requested by the consignor, but it turns out that it is necessary, additional costs will be charged or the entire transport can be rebooked to a different date with the calculation of the corresponding expenses (fuel, hourly rates).
Disassembly/reassembly of items
Any items requiring disassembly and/or reassembly should be agreed upon between the consignor and freight forwarder prior to the transport date. The consignor should provide full details of what needs to be disassembled and/or reassembled to the freight forwarder. If disassembly and/or reassembly of items is required and has not been requested by the consignor, additional costs will be charged or the entire transport can be rebooked to a different date with the calculation of the corresponding expenses (fuel, hourly rates).
Electrical and installation work
Unless otherwise agreed, the people of the freight forwarder are not authorized to carry out electrical, gas, wall fittings and other installation work.
Verification by the consignor
When collecting or receiving the transported goods, the consignor is obliged to check that no item is mistakenly taken or left behind. The freight forwarder shall not be held responsible for items mistakenly taken or left behind.
Liability of the freight forwarder (according to Section 461)
(1) The freight forwarder is liable for damage caused by loss of or damage to the goods in his care. Sections 426, 427, 429, 430, 431 Paragraphs 1, 2 and 4, Sections 432, 434 to 436 of the Handelsgesetzbuch (HGB) shall apply accordingly.
(2) The freight forwarder is liable for damage that is not caused by loss of or damage to the goods in the care of the freight forwarder if he violates an obligation incumbent on him when arranging the shipment (according to Section 454). He is exempt from this liability if the damage could not be averted with the care of a prudent businessman.
(3) If the sender’s behavior or a particular defect in the goods contributed to the occurrence of the damage, the obligation to replace and the scope of the compensation to be paid depends on the extent to which these circumstances contributed to the damage.
Special reasons for exclusion of liability (according to Section 451d)
The freight forwarder is released from his liability if the loss or damage is due to one of the following dangers:
- Transport of precious metals, jewels, precious stones, money, postage stamps, coins, securities or documents, antiques;
- insufficient packaging or labeling by the consignor;
- Handling, loading or unloading of the goods by the consignor;
- Transport of goods not packed by the consignor in containers;
- Loading or unloading of goods, the size or weight of which does not correspond to the space available at the loading point or unloading point, provided that the consignor has advised the freight forwarder of the risk of damage in advance and the consignor has insisted that the service be performed;
- Transport of live animals or plants;
- Natural or poor quality of the goods, which means that they are particularly susceptible to damage, in particular from breakage, malfunctions, rust, internal spoilage or leakage.
(2) If damage has occurred which, according to the circumstances of the case, could result from one of the dangers specified in paragraph 1, it is assumed that the damage originated from this danger.
(3) The freight forwarder can only invoke paragraph 1 if he has taken all the measures incumbent on him under the circumstances and has observed special instructions.
Maximum amount of liability (according to Section 451e)
Notwithstanding Section 431 Paragraphs 1 and 2 of the Handelsgesetzbuch (HGB), the freight forwarder’s liability for loss or damage is limited to an amount of EUR 620 per cubic meter of cargo space required to fulfill the contract. The consignor has the option to purchase additional insurance to increase the liability of the freight forwarder.
Notification of damage (according to Section 438)
(1) If a loss or damage to the goods is externally recognizable and the recipient or the consignor does not notify the freight forwarder of loss or damage at the latest when the goods are delivered, it is assumed that the goods have been delivered in full and undamaged. The notification must clearly indicate the loss or damage.
(2) The presumption under paragraph 1 also applies if the loss or damage was not externally recognizable and was not reported within seven days of delivery.
(3) Claims for exceeding the delivery time expire if the recipient does not notify the carrier that the delivery time has been exceeded within twenty-one days after delivery.
(4) A notification of damage after delivery must be made in writing. Timely dispatch is sufficient to meet the deadline.
(5) If loss, damage or exceeding of the delivery deadline are reported upon delivery, the notification to the party delivering the goods is sufficient.
Liability for others (according to Section 462)
The freight forwarder is responsible for acts and omissions of his people to the same extent as his own acts and omissions if the people are acting in the exercise of their duties. The same applies to the actions and omissions of other persons, which he makes use of when fulfilling his duty to arrange the shipment.
Freight forwarder’s Right of Lien (according to Section 464)
The freight forwarder has a right of lien on the goods handed over to him for dispatch by the consignor or a third party who has agreed to the dispatch of the goods for all claims arising from the forwarding contract. The freight forwarder also has a right of lien on the consignor’s goods for all undisputed claims from other forwarding, freight, sea freight and storage contracts concluded with the consignor.
Tips cannot be offset against the moving agent’s invoice.
It is possible to arrange storage through Smoover website. Smoover cooperates with third-party storage facilities which are responsible for secure storage of the consignor’s items.
(1) The storage contract obliges the warehouse to store and keep the goods.
(2) The consignor is obliged to pay the agreed remuneration.
(3) The warehouse must allow the depositor to inspect the goods, to take items and to carry out the actions necessary to access the goods during business hours.
(4) The warehouse is obliged to insure the goods at the request of the depositor.
Duration of Storage (according to Section 473)
(1) The consignor can request the goods to be returned at any time. If the storage contract is concluded for an indefinite period of time, however, he can only terminate the contract with a notice period of one month, unless there is an important reason that entitles the contract to be terminated without observing the notice period.
(2) The warehouse can request the return of the goods after the agreed storage period has expired or, in the case of storage for an indefinite period, after termination of the contract, subject to a notice period of one month. If there is an important reason, the warehouse can request the return of the goods even before the end of the storage period and without observing a period of notice.
Liability for Loss or Damage (according to Section 475)
The warehouse is liable for the damage caused by the loss of or damage to the goods in the period of storage, unless the damage could not be averted with the care of a prudent businessman.
For any questions about anything contained within these General Terms and Conditions, please get in touch with the Smoover team – email@example.com