General Terms and Conditions of Business for Relocation
Inhouse Mobility GmbH offers services in the field of international and national employee posting (e.g. organization of departure and arrival formalities; organization of work and residence permits; legalization of documents and other – in particular public-authority – forms; assistance with the search for an apartment or house; settling in; intercultural training; orientation tour; departure service). Inhouse Mobility GmbH’s services and programmes are based solely on these General Terms and Conditions of Business, which the Customer recognizes upon making use of said services. Any differing terms of business of the customer will only apply insofar as explicitly approved by Inhouse Mobility GmbH in writing.
2. Subject of the Contract
The subject of the contract between Inhouse Mobility GmbH and the customer are the agreements / order confirmations prepared in each case.
3. Conclusion of the Contract
The contract between Inhouse Mobility GmbH and the customer is deemed made when Inhouse Mobility GmbH explicitly confirms the customer’s order in writing. Prior to such confirmation, all offers made by Inhouse Mobility GmbH are not binding. The contract will not be deemed made if Inhouse Mobility GmbH rejects the customer’s order within two weeks of receipt of the same.
4. Performance of the Contract
Inhouse Mobility GmbH has performed the contract when the services specified in the individual agreement have been rendered.
5. Exclusion of Liability
(1) Inhouse Mobility GmbH will not be liable for damages
- resulting from actions or failures to act on the part of the customer, its vicarious agents or other persons acting in its interest or at its will in relation to performance of measures associated with execution of the individual agreement;
- resulting from compliance with instructions given to Inhouse Mobility GmbH by representatives of the customer authorized to do so;
- resulting from a time delay in performance of the order caused by the customer or the expatriate;
- resulting from an unsuccessful search for living accommodation for which Inhouse Mobility GmbH is not responsible;
- resulting from a defective data transfer for which Inhouse Mobility GmbH is not responsible;
- resulting from acts under public law for which Inhouse Mobility GmbH is not responsible.
(2) The above impediments to performance do not prejudice the rights of Inhouse Mobility GmbH in its dealings with the customer.
6. Limitation of Liability
(1) Inhouse Mobility GmbH shall be liable in cases of intent or gross negligence in accordance with statutory regulations. Apart from this, Inhouse Mobility GmbH shall only be liable for a breach of major contractual obligations, unless a contractual warranty has been given for damages due to delay and consequential damages. However, the claim to compensation for any breach of major contractual obligations is limited to foreseeable damages typical of the agreement. This also applies to ordinary negligence on the part of representatives or vicarious agents of Inhouse Mobility GmbH.
(2) The above limitation of liability does not apply to damages resulting from injury to life, body and health which are due to a negligent breach of an obligation by Inhouse Mobility GmbH or an intentional or negligent breach of an obligation by a representative or vicarious agent of Inhouse Mobility GmbH. Similarly, said limitation does not apply to mandatory statutory compensation claims (e.g. on the basis of the Product Liability Act).
7. Legal Venue / Choice of Law
(1) Solely the court in the district of which the service provider’s branch commissioned by the customer is located has jurisdiction for any legal disputes with registered merchants based on this contract or relating to claims for other legal reasons associated with the service order. For legal disputes with persons other than registered merchants, this exclusive jurisdiction only applies if the customer moves his domicile or customary place of residence abroad after the agreement has been signed or if his domicile or personal place of residence is not known at the time when legal action is filed.
(2) German law governs the legal relations of the service provider with its customers or their legal successors.
8. Additional Services & Cancellation of services
(1) For services that differ in requirements to those detailed within the individual quotation, Inhouse Mobility shall submit a quotation for the services for written acceptance by the customer.
(2) Service rates confirmed by the customer are payable to Inhouse Mobility GmbH without any deduction upon receipt of an invoice, no matter if customer decides to finalize the services on personal basis.
9. Escape Clause
If any provision in this Agreement is or becomes ineffective or if the Agreement is found to have an omission, the effectiveness of the other provisions of this Agreement will not be prejudiced thereby. To replace the ineffective provision, an effective provision approaching the original economic intent of the parties as closely as possible is deemed agreed; same applies in the event of an omission.
General Terms and Conditions of Business for Moving
1. Commissioning of another forwarder
The forwarder (hereinafter called the Furniture Remover) can commission another forwarder for performance.
2. Additional services
If the scope of services is extended by the sender after the contract has been signed, additional charges will be made for such services. The customary remuneration will be payable.
3. Consolidated transport
Relocation can also be handled as a consolidated transport.
Tips cannot be deducted from the Furniture Remover’s invoice.
5. Reimbursement of relocation costs
If the sender has a claim to payment of relocation costs by an agency or employer, he must instruct the same to pay the agreed and due relocation costs directly to the Furniture Remover upon request, with deduction of any prior or partial payment already made.
6. Securing for transport
The sender must arrange for the proper securing of any moving or electronic parts on or in highly sensitive appliances, such as washing machines, record players, television, radio and hifi appliances and IT systems. The Furniture Remover has no obligation to check whether such parts are properly secured. Section 6. does not apply if the Furniture Remover has contractually agreed to pack the relocation goods.
7. Arrangement for services by external firms
If the Furniture Remover arranges for services to be rendered by external firms, said Furniture Remover is only liable for making a careful choice. This does not apply if the Furniture Remover itself has entered into a contractual agreement to provide the services rendered by the external firms, e.g. the dismantling and assembly of the furniture or the packing and labelling of relocation goods.
Only due counter-claims which have been finally recognized by a court of law or which are undisputed can be offset against the claims of the Furniture Remover.
At the request of the parties entitled to replacement, the Furniture Remover must assign to said parties the rights held under the insurance policy which said Furniture Remover has an obligation to take out.
10. Check by the sender
Upon collection of the relocation goods, the sender must check that no item or fitting is accidentally taken or left behind.
11. Due date of agreed payment
If no agreement has been made to the contrary, the invoiced amount is payable before completion of unloading - for domestic transports - or before the start of loading - for foreign transports. It must be paid in cash or in equivalent currency. Any cash expenses in a foreign currency must be paid in accordance with the exchange rate charged.
12. Legal venue
Solely the court in the district of which the Furniture Remover’s branch commissioned by the sender is located has jurisdiction for any legal disputes with registered merchants based on this contract or relating to claims for other legal reasons associated with the transportation order. For legal disputes with persons other than registered merchants, this exclusive jurisdiction only applies if the sender moves his domicile or customary place of residence abroad after the contract has been signed or if his domicile or personal place of residence is not known at the time when legal action is filed.
13. Choice of law
German law shall apply.
Liability information provided by the furniture remover pursuant to Section 451 g of the German Commercial Code [HGB]
Scope of application
The forwarder (hereinafter called the Furniture Remover) is liable in accordance with the relocation contract and the German Commercial Code (HGB). The same principles of liability are valid for transports of relocation goods to destinations outside Germany. This also applies if more than one means of transport is used.
Principles of liability
The Furniture Remover is liable for the damages incurred as a result of the loss or damaging of the relocation goods during the time from hand-over for transportation until delivery or as a result of the exceeding of the delivery period (custodial liability).
Exemption from liability
The Furniture Remover is exempted from liability insofar as the loss, damage or exceeding of the delivery period is due to circumstances which the Furniture Remover could not avoid even with the greatest care and the consequences of which it could not avert (inevitable event).
The liability of the Furniture Remover for loss or damage is limited to a figure of EUR 620.00 per cubic meter of loading space required for performance of the contract. The Furniture Remover’s liability for the exceeding of the delivery period is limited to triple the amount of the freight. If, for reason of a breach of a contractual obligation associated with performance of relocation, the Furniture Remover is liable for damages which are not the result of the loss or damaging of the relocation goods or the exceeding of the delivery period and if these are damages other than property damage or personal injury, the liability in this case is limited to triple the amount which would be payable for loss of the goods.
Special reasons for exemption from liability
The Furniture Remover is exempted from liability insofar as the loss or damaging is due to one of the following risks:
- Transportation of precious metals, jewels, precious stones, money, stamps, coins, securities or certificates;
- Inadequate packaging or labeling by the sender
- Treatment, loading or unloading of the relocation goods by the sender;
- Transportation of goods in containers not packed by the Furniture Remover;
- Loading or unloading of relocation goods of which the size or weight is not appropriate to the space or room conditions at the loading or unloading point, provided that the Furniture Remover informed the sender in advance of the risk of damage and the sender nevertheless insisted on performance of the service;
- Transportation of live animals or of plants;
- The natural or defective condition of the relocation goods, as a result of which they are particularly susceptible to damage, especially by breakage, functional disorders, rust, internal perishing or leakage.
If damage has been incurred which, in view of the circumstances, could be the result of one of the risks identified under Numbers 1-7, it will be assumed that the damage is the result of said risk. The Furniture Remover can only invoke the special reasons for exemption from liability if it took all the measures necessary in the circumstances and complied with special instructions.
If the Furniture Remover has to pay compensation for reason of a loss, the value at the place and time of hand-over for transportation must be compensated. In the event of damage to goods, there must be compensation for the difference between the value of the undamaged goods and the value of the damaged goods.
The criterion in this case is the place and time of hand-over of the goods for transportation. The value of relocation goods is usually determined by the market price. The costs of loss assessment must also be reimbursed.
The exemptions from liability and limitations of liability also apply to a non-contractual claim by the sender or recipient against the Furniture Remover for reason of loss or damaging of the relocation goods or the exceeding of the delivery period.
Non-application of exemptions from liability and limitations of liability
The exemptions from liability and limitations of liability do not apply if the damage is due to an intentional or negligent action or failure to act on the part of the Furniture Remover in the knowledge that damage may probably be incurred.
Liability of workers
If damages claims for reason of non-contractual liability for loss or damaging of the relocation goods or the exceeding of the delivery period are made against one of the Furniture Remover’s workers, said worker can also invoke the exemptions from liability and limitations of liability. This does not apply if he acted with intent or negligently and in the knowledge that damage may probably be incurred.
Operating furniture remover
If relocation is performed by a third party in whole or in part (Operating Furniture Remover), the latter will - during the transportation which it performs - be liable in the same way as the Furniture Remover for the damage incurred by loss or damaging of the goods or by the exceeding of the delivery period. The Operating Furniture Remover can raise all the objections which the Furniture Remover would be able to raise on the basis of the freight contract. The Furniture Remover and the Operating Furniture Remover will be liable as joint and several debtors. If claims are made against workers employed by the Operating Furniture Remover, the provisions on the liability of workers shall apply to the same.
The Furniture Remover advises the sender of the option of agreeing with said Furniture Remover a wider range of liability than that provided by law, this being at an appropriate charge.
The Furniture Remover advises the sender of the option of insuring the goods by payment of a special premium.
Notice of damage
To prevent the forfeiture of compensation claims, the following must be noted:
The sender must check the goods for externally visible damage or losses when they are delivered. Any such damage or losses are to be entered in the delivery certificate or a damage record - in detail - or reported to the Furniture Remover no later than the day after delivery. Any damage or losses which are not externally visible must be reported to the Furniture Remover no later than the day after delivery. General notices of damage will not be acceptable under any circumstances. Claims for reason of the exceeding of the delivery period will be forfeited if the recipient does not notify the Furniture Remover of such exceeding of the delivery period within 21 days of delivery. If notice is given after delivery, it must always be sent in writing and within the specified periods in order to avoid loss of the claim. The notice of damage can also be forwarded by means of a telecommunication device. No signature is necessary if the issuer is identifiable in some other way. The prescribed periods are deemed observed if the notice is dispatched on time.
Hazardous relocation goods
If the relocation goods include hazardous goods (e.g. petrol or oils), the sender must inform the Furniture Remover in due time of the nature of the hazard involved (e.g. risk of fire, caustic liquid, explosive materials, etc.