Terms of Service
Legal basis for our business activities:
“We work exclusively on the basis of the General German Forwarder Conditions (ADSp), the latest version.”
These limit in section 23 ADSp the legal liability for damage to goods in accordance with § 431 HGB for damage in transport custody to 5 € / kg; in case of multimodal transport, including sea transport, to 2 SDR / kg and, in addition, per claim or event, to 1 Mio or 2 Mio € or 2 SDR / kg, whichever is higher. In addition, it is agreed that (1) Section 27 ADSp neither the liability of the freight forwarder nor the attribution of fault of people and other third parties deviating from statutory provisions such as § 507 HGB, Art. 25 MT, Art. 36 CIM, Art. 20, 21 (2) the freight forwarder is liable as a carrier in the cases of nautical fault or fire on board listed in § 512 (2) no. 1 HGB only for own negligence and (3) the freight forwarder as carrier the CMNI is not liable for nautical fault, fire on board or defects of the ship under the conditions set out in Article 25 (2) CMNI.
Place of fulfillment and exclusive place of jurisdiction is Berlin. In the event that due to mandatory regulations, the agreement of an exclusive jurisdiction should be ineffective, the jurisdiction mentioned in the previous sentence is an additional one. Insofar as mandatory statutory provisions do not preclude, German law shall apply.
You can download the English and German versions of the ADSp on the websites of our association DSLV: http://www.dslv.org/dslv/web.nsf/id/pa_de_adsp.html
In addition, you can find here the general terms and conditions for the logistics sector (B2B) – Provided by the DSLV.
Effective Terms and Conditions for Consumers (B2C)
1. Appointment, reservation and terms of payment
Deposit 50% after conclusion of the contract. Balance after loading and before shipment.
2. Important conditions and requirements
The cartons or other self-packed containers and objects, packed by agreement must be listed in a customer-created packing list and the content must be complete declared. The customer bears full responsibility for this content. Such packages can not be insured in case of loss and damages.
The customer / client has to fully and independently inform themselves about the applicable conditions and the statutory provisions of the destination country.
OTC global GmbH only provides according to availability this information, which is not exhaustive and up-to-date especially for the individual situation of the customer / client. The customer/ The client has to independently procure the necessary documents in time and other provisions to make it run smoothly. The documents requested by OTC global GmbH must be submitted on time. OTC global GmbH assumes no responsibility for complications that caused by corresponding omissions.
3. The following goods can/must not be transported
Perishable goods, flammable goods or explosives, propane cylinders, oxygen cylinders, corrosive acids, batteries, poisons, pesticides, firearms, gunpowder, ammunition, live animals.
4. OTC global GmbH assumes no liability/responsibility for the transport of:
Money, jewelery, gems or precious metals, promissory notes, securities, checks, shares, personal documents and valuables of similar nature and software.
Damage or loss due to non-compliance with the above rules and regulations. Likewise for complaints of the Customs offices (and other authorities) and related costs and penalties. The customer are fully responsible for the loaded goods (removals) and liable to authorities and other third parties. The customer informs himself independently and sufficiently about the applicable official and statutory regulations and conditions and provides unsolicited if applicable required accompanying documents and permits.
5. Validity of freight rates and offers
Please note that the above rates are based on current rates and tariffs. As a result, price adjustments can be made until the final booking (departure date). The prices exclude transport insurance. The offer remains free until the final order is placed. Freight rates included are valid for departures within 20 days since the date of the offer. Later departure dates are recalculated with current rates and offers updated accordingly.
General Terms and Conditions for Moving and Storage/Liability of the Furniture Forwarder/Special Conditions for the Insurance of Removal Goods against Transport Hazards
Please note the following documents in the appendix of the offer:
- Terms and Conditions for Removals and Storage
- The liability of the removal firm
- Special conditions for the insurance of goods to be transported against transport risks
- The confirmation of the knowledge of these documents is the prerequisite for a valid order.
For more information regarding the terms and conditions of furniture forwarders, click here.
General Cancellation Policy – B2B / B2C
1. According to § 1 Abs. 1 Nr. 1 UStG the USt u. a. Other services that an entrepreneur carries out in Germany for a fee.
No compensation in this sense is lost or damages compensation (see, for example, BFH, judgment of 10.12.1998, V R 58/97, BFH / NV 1999, 987).
2. In the event of termination of a freight contract, § 415 (2) HGB expressly stipulates that the carrier may either demand the agreed freight amount, subject to certain amounts or “one third of the agreed freight (Fautfracht)”.
The so-called Fautfracht is a legally fixed, lump-sum termination indemnity and no performance fee (see BTDrucks 13/8445, p 45). According to the case law of the BFH, it is not paid as part of an exchange of benefits (see already BFH, judgments of 22.01.1970, VR 118/66, Haufe Index 68949, BStBl II 1970, 363, dated 27.08.1970, VR 130/66) , Haufe Index 69166, BStBl II 1970, 856).
3. Paragraph 1 (1) (1) of the UStG is based on Article 2 (1) of the Sixth EC-RL. Thereafter VAT is subject to VAT. a. Services are provided by a taxable person as such in Germany for a fee. According to the case-law of the European Court of Justice, a service in return for payment exists in this sense if there is a direct link between the service and the countervalue received.
Such a connection has been denied by the ECJ in the case of a so-called “deposit”. He ruled on 18/07/2007, C-277/05 – Société thermale d’Eugenie-Les-Bains – (BFH / NV 2007, Supplement 4, 424) that the sums paid to a hotel operator as a so-called “deposit” in case the customer makes use of his right of withdrawal and the hotel operator retains these amounts, as flat-rate compensation to compensate for the damage resulting from the withdrawal from the contract are not subject to VAT.
4. Thereafter, the so-called provision charges are not paid i.S.d. § 1 para 1 No. 1 UStG, but a non-taxable lump-sum compensation.
Although it is not a Fautfracht i.S.d. § 415 para. 2 no. 2 HGB if the client is not a merchant. However, the entrepreneur has a claim for damages under the termination of a forwarding contract according to § 649 Abs. 2 BGB. It is up to the contracting parties, in the event of termination by the client, to arrange the content of their legal relationship and thus the claim of the freight forwarder, as the legislator has provided for merchants in the event of termination.
The contractually agreed lump-sum termination indemnity can not qualify for VAT purposes differently from those expressly regulated by law. Even taking into account the case law of the ECJ on the so-called “deposit”, this is a lump-sum compensation and not a performance fee.
The registered office of the company as well as place of jurisdiction and place of fulfillment is Berlin.
Managing Director: Arash Wahedi Yeganeh