General Terms and Conditions

LEVEL ABOVE – owner Andreas Fix
In der Krakau 18, 30900 Wedemark, Germany
Phone: +49 5130 9690555 · Email: info@levelabove.pro

For consulting, vehicle brokerage, search mandates, vehicle inspections, detailing, paint protection film, dents and smart repair, storage, transport and delivery transfers. Version: 9 October 2026. This English translation is provided for information. Where German is agreed as the contract language, the German version forms the basis of the contract (§ 14 (5)).

Contents

§ 1 Scope and contracting party

(1) These terms apply to contracts between LEVEL ABOVE, owner Andreas Fix, In der Krakau 18, 30900 Wedemark, Germany (“we”), and our customers (“you”) for the services listed above.

(2) A consumer is any natural person who concludes a contract for purposes that are predominantly outside their trade, business or self-employed profession (§ 13 BGB). A business customer is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their trade, business or self-employed profession (§ 14 BGB).

(3) Individual agreements take precedence over these terms. Deviating terms of a business customer only apply if we expressly agree to them. For consumers, the statutory requirements for incorporating these terms apply. You receive the terms applicable to your order in a storable form before you place a binding order.

(4) The purchase of a vehicle from our own stock is governed by the separate purchase contract and the statutory provisions on sales. These service terms do not restrict any statutory rights of the buyer. In the case of brokerage, by contrast, the dealer or seller named in the purchase contract is the seller of your vehicle.

§ 2 Offers and conclusion of contract

(1) Price lists and service overviews on our website are not yet binding offers. A non-binding enquiry, a free first offer or an indication of further interest does not create any obligation to pay.

(2) A contract is concluded by matching declarations on service and price, in particular by your acceptance of a binding individual offer or by our acceptance of your specific order. Whether an offer is binding and how long it is valid follows from the offer. Orders can in particular be placed in an individual exchange by email or WhatsApp. An automatic acknowledgement of receipt only confirms receipt and is not an acceptance of the contract.

(3) The scope of services, the price or the price calculation, the essential requirements for performance and any agreed dates are defined before the order. Order confirmations reflect these agreements. We agree additional work, changes to the scope of services or additional costs with you before they are carried out or incurred. Statutory claims remain unaffected.

(4) Performance at your express request may constitute acceptance if service and price have already been agreed and the statutory information duties have been fulfilled. For consumer contracts with a right of withdrawal, we additionally observe § 12. A declaration on starting the service early is not replaced by the order alone.

§ 3 Prices, payment and security rights

(1) All prices stated are final prices in euros including statutory VAT, where applicable. The standard VAT rate is currently 19%.

(2) “From” prices are minimum prices. The binding price or the binding calculation rule is agreed before the order on the basis of the vehicle, its condition and the scope of services.

(3) Third-party costs such as official and registration-plate fees, inspection fees, freight, customs duties, import VAT, tolls, ferries, fuel, charging electricity or accommodation are charged only to the agreed extent, at cost and against receipts. Before the order, we state the foreseeable costs or, where they cannot yet be determined, the basis on which they will be calculated. Our own fee is shown separately.

(4) Surcharges, in particular for express service, weekends or a fixed preferred date, only apply if agreed in advance. Discounts on our own services are only combined if this is expressly agreed; otherwise the highest agreed discount applies.

(5) Unless a special permissible payment rule has been agreed, the fee for services is payable after the service has been performed, and for work services (Werkleistungen) after acceptance or an event treated as equivalent by law. The payment term is 10 days after receipt of the invoice, at the earliest from the time the respective conditions for payment are met. The special rules in §§ 5, 6 and 9 prevail. Statutory rights to refuse performance and rights of retention remain unaffected.

(6) For work services, we may request instalment payments under the statutory requirements of § 632a BGB. A different advance payment requires a separate agreement for the specific order that is legally permissible and covers amount, purpose, due date and settlement. For organisation mandates, any independent service stages and their payment terms are defined before the order. This rule does not create any advance payment of a success-based brokerage commission. § 5 (3) applies to the new car consulting check.

(7) A vehicle or other transported goods handed over to us may only be retained on the basis of an existing statutory or validly agreed right of retention or lien. Statutory liens, in particular under § 647 BGB and §§ 440 and 475b HGB, remain unaffected. The mere existence of a claim that is not yet due or is unrelated does not create a general refusal to hand over. Ownership and the statutory requirements of the respective security right must be observed.

(8) You may set off claims that are undisputed or have been finally established by a court, as well as claims arising from the same contractual relationship.

§ 4 Own performance and subcontractors

(1) We provide services ourselves or use carefully selected specialist companies and subcontractors, in particular when we are fully booked, for specialist work, over longer distances or for collective transports.

(2) Where we owe you the service concerned under the contract, we remain your contracting party even if we use a subcontractor. We are liable for the persons and companies we use in accordance with the applicable statutory provisions, in particular § 278 BGB and, for freight services, § 428 HGB. The agreed price and scope of services do not change as a result of passing on the work.

(3) If we are expressly instructed only to broker an independent contract with another company, this role is disclosed before the contract is concluded. A separate contract with such a company does not arise merely because we use a subcontractor.

(4) An agreed enclosed transport remains owed when a subcontractor is used. A different type of transport requires your consent. We only move a vehicle taken in for storage to a place other than the agreed storage location with your consent.

§ 5 New cars: free first offer, consulting and brokerage

(1) We advise and broker on the basis of the order you have expressly chosen. In the case of brokerage, we are neither the seller of the vehicle nor the manufacturer. The purchase contract is concluded between you and the dealer; you pay the vehicle purchase price directly to the dealer. Our own consulting and brokerage obligations remain. Without a separate power of attorney, we do not make any purchase or financing declarations in your name. Legal, tax, credit and insurance advice as well as credit and insurance brokerage are not part of the following packages.

(2) Free first offer: your first enquiry and a non-binding first offer for a configuration you specify are free of charge. Further interest and follow-up questions do not trigger a fee. A specific discount, a complete market comparison or a purchase are not promised. You must expressly and separately order any further paid services, stating their scope and price.

(3) Optional consulting check: independently of any brokerage, you can order a stand-alone consulting check for €199 including VAT. It comprises up to 60 minutes of consulting, an objective comparison of equipment and costs of up to two existing offers and a written report with a recommendation and questions to ask. The report can also be used without a vehicle purchase or subsequent brokerage. It does not include a legal review of the contract or a technical on-site inspection. The consulting check is not a prerequisite for a brokerage order.

The fee is payable after the agreed consulting scope has been provided in full and the report has been delivered; where acceptance is required, not before acceptance or an event treated as equivalent by law. The payment term is 10 days after receipt of the invoice, at the earliest from the time these conditions are met. An advance payment requires a separate payment rule that has been agreed before conclusion of the contract and is legally permissible. Mere interest, a reservation or ordinary brokerage work do not create a consulting fee. Statutory rights in the event of withdrawal, non-performance, defects and other irregularities in performance remain unaffected.

If a purchase subject to a fee with Plus or Premium subsequently takes place in the same process, the consulting fee that legally exists is credited in full against the total fee. A consulting fee that has already been invoiced and is still owed is taken into account in the final invoice; an open consulting invoice only remains payable to the extent that the claim actually exists. The amount is charged only once in total. If the consulting claim lapses or is reduced, the amount that has lapsed is not charged either as an open consulting fee or as a minimum commission. Any statutory compensation for value in the event of withdrawal is assessed separately and is not automatically set at €199. Without a purchase subject to a fee, no additional success fee arises.

(4) New Car Plus: the package comprises a configuration, a comparison of available dealer offers, price negotiation and an objective check of the order content against your configuration. The success-based total fee is in principle 1.5% of the discounted gross vehicle price, regularly at least €550 and at most €990. The discount scale and the savings cap under paragraph 6 take precedence over the regular minimum amount. A consulting fee that legally exists under paragraph 3 is credited in full.

(5) New Car Premium: the package comprises up to three configuration variants, a comparison of available dealer offers, price negotiation, an objective order check and support with queries and status enquiries until the vehicle is handed over. We record the specific scope in the offer before the order. The success-based total fee is in principle 3% of the discounted gross vehicle price, regularly at least €550 and at most €1,990. Paragraph 6 and the crediting under paragraph 3 take precedence.

The claim arises exclusively under the conditions of paragraph 8. Once these conditions are met, the total fee is invoiced and is payable within 10 days of receipt of the invoice. This due date does not mean that all Premium services have already been provided. Support until the vehicle is handed over remains owed; purchase, invoicing and payment do not replace its provision.

In the event of a statutory withdrawal, repayment and any compensation for value are governed by the statutory requirements and the actual state of performance of the entire contract concerned. The purchase alone neither constitutes complete Premium performance nor automatically gives rise to compensation for value in the amount of the entire fee. Statutory rights relating to own services that were not provided or were defective, as well as statutory rights to refuse performance and rights of retention, remain unaffected. An on-site handover check, registration and transport require an additional order. Dealer performance and delivery date are not guaranteed.

(6) Calculation basis and discount scale:

L is the documented gross configuration price of the manufacturer for the identical vehicle with identical equipment at the agreed price date. L must be greater than zero.

K is the discounted gross vehicle price according to the purchase contract after unconditionally granted discounts.

E are additional unavoidable acquisition costs of the dealer offer compared with the basis of comparison, such as additional delivery or provision costs. Identical costs that have already been taken into account are not counted twice. Our own consulting and brokerage fee is not part of E.

The adjusted saving S is the greater of zero and L minus K minus E. The adjusted discount d is S divided by L. Subsidies, financing benefits, trade-in proceeds and conditional bonuses are not taken into account as unconditional vehicle discounts. The manufacturer price is a reference figure; it does not guarantee a corresponding saving compared with all market offers.

The starting amount for Plus is the greater of 1.5% of K and €550; for Premium the greater of 3% of K and €550. If d is below 5%, the starting amount is multiplied by d divided by 5%. From 5%, a factor of 1 applies. The amount is then capped at the respective package maximum and at no more than 35% of S. The regular minimum fee of €550 may therefore be undercut. If the saving is zero, this calculation does not result in any success fee.

A separately ordered consulting fee that is still legally owed is taken into account under paragraph 3. Where a purchase is concluded, the total fee corresponds at least to this consulting fee, in the regular, unreduced case €199. This independent consulting may exceed the 35% cap and, with a very small saving, the entire saving. Without a separate consulting order, this lower limit does not exist. A consulting claim that has lapsed or been reduced does not create an unchanged lower limit of €199. Consulting is not added on top of the total fee. Monetary amounts are rounded commercially to the cent at the end.

Example: L = €50,000, K = €47,500, E = €0. The adjusted saving is €2,500 and the discount 5%. Plus costs €712.50 in total. Premium costs €875 in total because of the 35% savings cap. After crediting a legally owed consulting fee of €199 that has already been invoiced, €513.50 and €676 respectively remain in the final invoice.

(7) Before the paid order, we document the package, basis of comparison, price date, vehicle price, additional acquisition costs, discount and the resulting fee including any crediting. If the configuration or conditions change, we expressly agree the new basis with you. The purchase conditions actually agreed and the agreed calculation rule remain decisive. Leasing and cases without a traceable manufacturer configuration price require a separate agreement on services and price; the purchase price formula is not transferred automatically.

(8) The success fee only arises if a valid vehicle purchase contract is concluded on the basis of the agreed proof of opportunity or our brokerage. The statutory requirements, in particular of § 652 BGB and, where applicable, §§ 93 et seq. HGB, remain decisive. If the order requires acceptance by the dealer, your order alone is not sufficient. In the case of conditions precedent, the claim only arises once they occur. Internal approvals, non-binding information or financing checks without acceptance of the contract are not sufficient. Invoicing only takes place after the conditions for the claim are met; the invoice is payable within 10 days of receipt.

A general advance payment rule does not apply to this. If the vehicle purchase is reversed, the fee claim is governed by the statutory rules. Statutory withdrawal and consumer rights remain unaffected. For Premium, paragraph 5 applies in addition; the creation and due date of the fee must be distinguished from the complete provision of the package services that are still owed.

(9) A direct purchase from the dealer we identified may also trigger a claim if it is actually based on our agreed activity and the statutory requirements are met. There is no penalty for circumvention, no irrebuttable presumption of causation and no automatic obligation to pay for purchases by third parties. Exclusivity only exists if expressly agreed individually. Ordinary brokerage expenses are covered by the fee; additional expenses require prior agreement.

(10) We disclose any activity for the dealer and any remuneration paid by the dealer before you place your order, including its nature and essential circumstances. We only act for both sides with your informed consent and while observing our agreed obligations. A dealer remuneration is only credited against your fee if expressly agreed; it does not create any additional obligation to pay for you. We disclose conflicts of interest before further decisions. Statutory consequences of acting for both sides in breach of duty, in particular § 654 BGB, remain unaffected.

(11) Additional services: a separately ordered handover check costs €149 including VAT within the scope agreed in advance; travel and local area are defined before the order. Registration organisation costs €89 including VAT plus agreed official and plate costs. Transport and delivery are provided according to a separate offer. These costs do not arise without an additional order.

(12) Luxury and allocation mandate: limited models without the usual dealer discount are ordered separately. Unless otherwise agreed individually, the success fee is 1.5% of the gross vehicle price, at least €990. No flat start or reservation fee applies. The discount scale of the standard packages does not apply to this special mandate. Creation and due date are governed by paragraph 8. Stand-alone consulting and its crediting require a separate agreement on services and price.

(13) Import from China: the organisation price of €2,490 including VAT covers the agreed procurement organisation, coordination of shipping and customs clearance as well as support with the individual vehicle approval and registration. The vehicle price and agreed third-party costs are not included. Before work starts, the import order defines the vehicle, the specific services, estimated third-party costs, payment stages and registration risks. It names the vehicle buyer, importer, customs declarant and, where applicable, the direct or indirect customs representative and sets out the procedure and allocation of costs if documents are missing or the registration inspection fails.

Registration is not guaranteed and requires the necessary documents and successful inspections. Modifications are only carried out with your consent and for a separate fee. Manufacturer warranty, software, connectivity and spare parts supply may be restricted in Germany. Without a separate, legally permissible agreement, we do not accept vehicle purchase price or escrow payments. Independent organisation services are invoiced according to permissibly agreed service stages; success-based components only when the agreed and statutory conditions are met. Mandatory own obligations arising from our actual role remain unaffected.

§ 6 Search mandates for used and special vehicles

(1) The search profile, must-have criteria, budget and scope are defined in text form before the order. Unless otherwise agreed, the search period is 90 days. An extension requires a new agreement.

(2) Optionally, you can order stand-alone search consulting with a written search profile, a market and budget assessment and a result report on available options and comprehensible alternatives. Mere proof-of-opportunity and brokerage work is not invoiced as stand-alone consulting. The separate consulting prices are Classic €390, Premium €490 and Exclusive €990 including VAT. The specific consulting scope is agreed before the order. Consulting is not a prerequisite for a brokerage order.

The fee is payable after the agreed consulting scope has been provided in full and the result has been delivered; where acceptance is required, not before acceptance or an event treated as equivalent by law. The payment term is 10 days after receipt of the invoice, at the earliest from the time these conditions are met. Earlier payment requires a separate, legally permissible agreement. Statutory rights in the event of withdrawal, non-performance, defects and other irregularities in performance remain.

(3) In the case of expressly ordered successful brokerage, the total fee is Classic €990 including VAT, Premium 3.5% of the gross purchase price, at least €1,290, and Exclusive 3% of the gross purchase price, at least €3,500. A fee for separately ordered search consulting that legally exists is credited in full. § 5 (3) applies accordingly with regard to charging only once, open claims that continue to exist and consulting claims that have lapsed or been reduced. § 5 (8) to (10) apply accordingly. Without a purchase subject to a fee, no additional success fee arises.

(4) Money-back promise: if, within the agreed period, we do not present an actually available vehicle that meets the agreed must-have criteria, we refund the consulting price paid in full. Availability is checked at the time of presentation on the basis of the specific offer; a permanent reservation is not promised. If we have properly provided the stand-alone consulting scope and presented suitable available vehicles, a decision not to buy does not in itself give rise to a refund. Statutory rights in the event of withdrawal, non-performance or defects remain unaffected.

(5) A direct purchase after the end of the search period only triggers a fee if the statutory requirements are met, including the causality of our activity. There is no automatic after-effect merely because of a specific period and no automatic obligation to pay for purchases by third parties.

(6) You conclude the purchase contract with the seller and pay the seller directly. We recommend payment concurrently against handover of the vehicle and documents. Our own responsibility for consulting and inspection remains; in the case of mere brokerage we do not assume the seller's warranty. Additional inspections, journeys and services abroad require a separate agreement on services and price.

§ 7 Vehicle inspection and vehicle check

(1) The check comprises the booked visual, functional and diagnostic inspection without dismantling. It is not an expert report by a publicly appointed expert and not a guarantee that the vehicle is free of defects. Hidden defects or defects that cannot be detected with the agreed inspection method may remain undetected. Our duty to perform carefully and the statutory rights in the event of a faulty inspection remain.

(2) A test drive and an underbody inspection require in particular the seller's consent or a suitable lift. Battery data of electric and hybrid vehicles can only be read to the extent technically available. Necessary requirements and limitations are named before the order. If an essential part of the promised inspection cannot be carried out, we agree a replacement scope, date and, where applicable, price with you. A missing requirement does not automatically shorten a service that has already been agreed.

(3) The report describes the condition found at the time of the inspection and the inspection scope actually carried out. Where an inspection result capable of acceptance is owed, the statutory rules on acceptance and defects apply.

(4) If an inspection is not possible because the seller does not appear or the vehicle is not available, we agree a replacement date or the termination of the inspection order with you. No fee is charged for inspection services that have not been provided; payments are refunded to that extent unless a statutory fee claim exists. Travel costs only arise for a travel service agreed separately and transparently in advance or on the basis of a statutory claim for reimbursement. For a separate travel service, the route, kilometre calculation, price and maximum amount are defined before the order. There is no flat deduction merely because the seller did not appear. You do not incur any travel costs for cancellations for which we are responsible.

(5) You can cancel the appointment free of charge up to 24 hours in advance. In the event of later cancellation, we can only claim statutory fee claims or, in the case of a breach of duty for which you are responsible, statutory damages actually incurred. In the event of termination of a contract for work, the requirements of § 648 BGB apply. Saved expenses and other earnings, or earnings omitted that are to be credited by law, are taken into account. An overall cap of 50% of the package price applies to all fee and damage claims arising from the cancellation. This cap is not a flat amount owed. You may prove that no claim or a lower claim exists. Termination fees and damages are not charged twice for the same loss of performance. The statutory right of withdrawal and its statutory consequences remain unaffected.

(6) We credit the price of an online pre-check if you book a vehicle check for the same vehicle within 14 days. For the express check, the express surcharge does not apply if the promised performance within 48 hours fails because the seller does not cooperate.

§ 8 Detailing, ceramic coating and paint protection film

(1) When the vehicle is accepted, we draw up a condition report with photos. Please tell us about known repaints, smart repairs, previous damage and special features. The vehicle class and the agreed scope are defined in the order.

(2) Information on the achievable result of paint correction and on the durability of ceramic coatings are guide values unless a specific quality is expressly agreed. The result depends in particular on the condition of the paint, the paint thickness and care. Scratches through the clear coat cannot be removed by polishing. If the paint thickness is not sufficient for the booked stage, we inform you of the achievable result and any price adjustment before continuing. A substantial change to the scope of services is only made with your consent. Statutory rights in the event of non-conforming performance remain.

(3) On repainted, previously damaged or not factory-painted parts, paint may come off during polishing, masking or applying or removing a film. We point out recognisable risks and remain obliged to perform carefully. This notice does not exclude liability for our own or attributable misconduct.

(4) The offer names the film product used. Where XPEL films are agreed, any additional manufacturer warranty is governed by the manufacturer's conditions provided to you. It does not replace your statutory rights against us. Technically necessary film edges, joints or relief cuts are taken into account within the agreed scope of services; significant special features are agreed before the work is carried out.

(5) Ceramic coatings and films need curing time. You receive information on use and care. A deviation does not automatically cancel statutory rights in the event of defects. For voluntary manufacturer warranties, the warranty conditions actually provided apply.

(6) A fixed preferred date within 5 working days costs a 15% surcharge if agreed in advance. You can cancel the appointment free of charge up to 48 hours in advance. In the event of later cancellation or if the vehicle is not delivered, we can only claim statutory fee claims or, in the case of a breach of duty for which you are responsible, statutory damages actually incurred. In the event of termination of a contract for work, the requirements of § 648 BGB apply. Saved expenses and other earnings, or earnings omitted that are to be credited by law, are taken into account. An overall cap of 25% of the order price and no more than €250 applies to all fee and damage claims arising from cancellation or non-delivery. These caps are not flat amounts owed. You may prove that no claim or a lower claim exists. Termination fees and damages are not charged twice for the same loss of performance. The statutory right of withdrawal and its statutory consequences remain unaffected.

(7) Please collect the vehicle within three working days after notification of completion and the opportunity for acceptance in accordance with the contract. In the event of a delay in collection for which you are responsible, storage costs actually incurred of up to €8 per day can be charged after prior notice. You may prove lower or no costs. A justified refusal of acceptance due to significant defects does not trigger these costs. Notification of completion alone does not constitute deemed acceptance; its statutory requirements remain decisive.

(8) A separately ordered collection and delivery service up to 30 km costs €49 per journey and is free of charge from an order value of €900 if this is agreed in the order. The reference point and route are defined before the order. For journeys on the vehicle's own wheels, registration, roadworthiness and the necessary insurance cover must be in place; § 10 (6) applies in addition.

(9) Please check the result on handover and report any recognisable complaints as promptly as possible. Failure to complain immediately does not remove your statutory rights in the event of defects.

§ 8a Dents and smart repair

(1) A first estimate based on photos is free of charge and non-binding. It states a price range based on the photos and information provided and is not a binding offer. We state a binding fixed price after inspecting the vehicle and before starting work. An inspection at our premises in the Wedemark is free of charge.

(2) For a separately commissioned damage assessment at your location, we only charge travel: up to 30 km from the Wedemark EUR 49, up to 60 km EUR 79, beyond that an additional EUR 0.45 per kilometre one way. Route and amount are agreed before the appointment. If you subsequently place a repair order of EUR 300 or more, the travel charge is credited.

(3) The lease return check costs EUR 149, on site plus travel under paragraph 2. It comprises an inspection based on common return standards, a paint thickness measurement, a photo report and a recommendation for each damage. If you subsequently place a repair order of EUR 500 or more, the price of the check is credited. The check is not an expert report by a publicly appointed expert and no assurance that the lessor will charge no costs or certain costs at the return. Your lease contract, the lessor's assessment principles and the return report are decisive. Legal advice is not included. Our duty to inspect with due care remains unaffected.

(4) Smart repair methods are intended for small, locally limited damage. Paintless dent repair requires undamaged paint and access to the back of the panel. For paint repairs, we match the colour according to the paint code and paint structure; with metallic, pearlescent and multi-layer paints in particular, a slight colour difference visible under certain lighting conditions may remain. We point this out before the order. If, after work has begun, it becomes apparent that the agreed method is not possible or only possible to a limited extent, we inform you before continuing; scope and price only change with your consent. Statutory rights in the event of non-conforming performance remain unaffected.

(5) If parts such as trim, lights or sensors have to be removed for the repair, we remove and refit them professionally. We inform you of visibly damaged or brittle brackets and clips before removal. We do not repair safety-relevant damage, for example to structural parts or to brackets of driver assistance sensors, using smart repair methods. If calibration at a specialist workshop may become necessary after work in the area of sensors, we point this out before the order.

(6) § 8 (1) and (6) to (9) apply accordingly to the condition report, cancellation of appointments, collection, pick-up and delivery service and acceptance. You assert claims against insurers or third parties yourself; on request, we provide photos and a cost estimate. Claims are only assigned by separate agreement.

§ 9 Storage – Car Safe

(1) Storage location, type of space and scope of services follow from the agreed offer. In particular, it defines whether a glass box, climate control, trickle charging, movement service, tyre pressure check and camera access are included. A service agreed in it remains owed. On storage, we draw up a condition report with photos. The Plus surcharge only covers the additional services expressly agreed before the order.

(2) An agreed movement service takes place without using public roads. We only make journeys on public roads with your consent and where registration and the necessary insurance cover are in place. Special features of electric vehicles, charging, suitability for storage or condition are agreed before storage.

(3) Terms and payment:

Car Safe flexible: minimum term two months, thereafter terminable with 14 days' notice to the end of the month. The fee is payable monthly in advance.

Car Safe Winter: six consecutive months within the winter period from 1 October to 30 April. The offer defines the start and end date. The flat fee is payable on storage. The contract ends on the agreed end date; further storage is agreed separately.

Car Safe Year: twelve months, monthly payment in advance. If not terminated with one month's notice to the end of the term, the contract continues for an indefinite period at the same monthly price. It can then be terminated at any time with one month's notice.

Terminations can be declared in text form, in particular by email. Statutory rights of extraordinary termination and withdrawal remain unaffected. Agreed or legally required partial-month billing is based on the actual calendar days of the respective month.

(4) Two vehicle preparations for a drive are included per winter season or contract year; each additional one costs €29. Please announce the drive two working days in advance. Advance notice serves organisational preparation. Statutory claims for surrender, in particular under § 473 HGB, and urgent cases remain unaffected. Separately ordered collection and return up to 30 km cost €179 per journey; in the annual tariff, both are included once per contract year. The reference point and route are defined before the order.

(5) We recommend keeping the vehicle insured during storage in line with its value and use. The appropriate type of insurance should be clarified with the insurer. A recommendation to take out your own insurance does not replace our statutory responsibility. Please remove valuables.

(6) Where camera access has been agreed, the actual functionality and the data protection information are provided before the order. Access is limited to the agreed image area of your own space and must not allow observation of other persons or spaces. Access data must be treated confidentially. Short interruptions due to maintenance or faults are rectified as quickly as possible. Statutory rights in the event of irregularities in performance remain unaffected.

(7) The applicable statutory provisions apply to storage services, in particular §§ 467 et seq. HGB. Statutory liability, surrender and security rights remain; § 11 applies in addition. Surrender is not refused merely because of any open claims.

§ 10 Transport and delivery transfers

(1) The offer names the goods to be transported, the type of transport and our contractual role. Where there is a contract of carriage, §§ 407 et seq. HGB apply. For agreed forwarding services, §§ 453 et seq. HGB apply, including the statutory cases of carrier liability, in particular in the case of self-entry, fixed costs or groupage. For transfers on the vehicle's own wheels, the statutory provisions applicable to the specific contract apply; a liability limit under the law of carriage is not agreed across the board for them. Mandatory international and consumer protection provisions take precedence. The use of subcontractors does not change our own agreed obligations.

(2) Before the order, please tell us the collection and destination address, desired date, dimensions, weight, actual value, roadworthiness and special features, in particular low ground clearance or loading aids required. For boats and yachts, paragraph 8 applies in addition. Additional costs due to incorrect or incomplete information are only charged where there is a contractual or statutory basis.

The goods to be transported are ready at the agreed time in the agreed condition. For vehicles, the necessary keys and documents are handed over. Additional waiting time for which you are responsible after the first 30 minutes is charged, if agreed in advance, at €39 per hour pro rata according to the actual duration. No surcharge is charged for waiting time for which we are responsible.

(3) On takeover and handover, we draw up a condition report with photos. Where § 438 HGB applies: externally recognisable loss or damage must be reported at the latest on delivery; loss or damage that is not externally recognisable within seven days of delivery. Failure to report such damage to goods leads to the statutory presumption of evidence, not in itself to the expiry of the claim. Claims for exceeding the delivery period expire under § 438 (3) HGB if the delay is not reported within 21 days of delivery. Notifications after delivery are made in text form; timely dispatch is sufficient. Overriding international provisions and the statutory rights applicable to other types of contract remain unaffected.

(4) Please tell us the actual value before the order. Statutory liability for carriage may in particular be limited to 8.33 special drawing rights per kilogram (§ 431 HGB) unless an exception or overriding provision applies. Whether and to what extent a limit applies is determined by the applicable liability law. It is not automatic insurance at the full value of the object and does not apply to every transfer on the vehicle's own wheels, storage or boat/yacht service merely because it is mentioned.

Additional transport insurance or a permissible declaration of value is only arranged after separate consent with information on scope, exclusions, deductible and costs. Mandatory consumer protection, in particular under § 449 HGB, remains. Additional cover is not taken out automatically merely because of the value of the object.

(5) Loose or personal items only form part of the transported goods if expressly agreed in advance. Please remove other items before handover.

(6) Transfer on the vehicle's own wheels: the vehicle must be roadworthy and must be able to be driven with a registration or suitable plates that are legally permissible for the specific journey and with the necessary insurance cover. Before the journey, we clarify the insurance cover required for the agreed journey. Motor third-party liability insurance does not automatically cover damage to the transferred vehicle. Where your insurance is to be used, it must cover the driver used and the specific journey. Any necessary additions are agreed before the journey.

Agreed plate, insurance, fuel, charging electricity, toll and ferry costs are charged against receipts. The statutory rules and § 11 apply to attributable damage. Fines for traffic offences committed by our driver are borne by the responsible driver and are not passed on to you.

(7) The offer defines whether a binding date or a time window applies. An agreed express order means collection within 48 hours of the agreed starting time. We inform you of significant delays. Traffic, weather or waiting times do not exclude statutory claims across the board. For cross-border or combined transport, overriding international and special statutory provisions remain decisive.

(8) Boat and yacht transports require a separately defined scope of services. Before the order, we agree in particular the transport route and contractual role, dimensions and weight, value and condition, accessories, responsibility for loading, cranes and securing, required cradles or supports, necessary permits, handover points, interim storage as well as specific prices and insurance arrangements. The provisions applicable to the type of transport actually agreed remain decisive. Transport on a road trailer, sea freight and a transfer under the vessel's own power are not treated as the same merely because of the type of object.

§ 11 Liability and rights in the event of defects

(1) Unless paragraph 3 applies, we are liable without limitation for intent and gross negligence, for injury to life, body or health and for fraudulent intent. For guarantees expressly assumed, we are liable in accordance with their content. Mandatory liability under the Product Liability Act and other mandatory statutory liability remain unaffected.

(2) Unless paragraph 3 applies, in the event of a slightly negligent breach of an essential contractual obligation we are liable for the typical, foreseeable damage. Essential obligations are those whose fulfilment enables the proper performance of the contract and on whose observance you may regularly rely, in particular the careful handling of vehicles entrusted to us. Otherwise, liability for slight negligence is excluded unless mandatory liability applies.

(3) Where claims are subject to the special statutory liability rules for carriage, forwarding or warehousing services, these take precedence over paragraphs 1 and 2. This includes the statutory requirements for liability, its scope and any limitations of liability as well as their statutory removal. Overriding international conventions and other mandatory provisions remain unaffected. This does not agree any limitation of liability for injury to life, body or health or any other deviation from mandatory consumer protection provisions to the detriment of the consumer. These terms do not create any additional extension of liability for such claims. Individual agreements and guarantees expressly assumed remain unaffected.

(4) Permissible limitations of liability apply accordingly to the persons used, where the statutory requirements are met. Mandatory claims against performing carriers or other parties involved remain unaffected.

(5) For consumers, the statutory rules on defects and limitation apply. Towards business customers, claims for defects arising from our work services become time-barred one year after acceptance, except in the cases of paragraph 1 and where mandatory provisions provide for a longer period. Special statutory periods for carriage, forwarding and warehousing claims remain decisive.

§ 12 Withdrawal and early start of services

(1) Consumers have a right of withdrawal for distance contracts and off-premises contracts in accordance with the statutory requirements, unless a statutory exception applies. For contracts subject to withdrawal, you receive the appropriate separate information and the model form before your binding contractual declaration. The contract confirmation is provided in the form prescribed by law, for distance contracts at the latest before the start of performance.

For off-premises contracts, we observe the paper form prescribed by law or, with your consent, another durable medium. For the service contracts covered here, the regular period is 14 days from conclusion of the contract, provided the required information has been given. A free enquiry is not a paid order.

(2) A start before the end of the withdrawal period requires your separate express request. Acceptance of the terms or a pre-selected declaration does not replace this. For off-premises contracts, the request must be transmitted on a durable medium. Any compensation for value in the event of withdrawal is governed exclusively by the statutory requirements of § 357a BGB, in particular proper information and an express request for the early start. A flat cancellation or reservation fee does not replace statutory compensation for value.

(3) For paid services, the right of withdrawal may expire early upon complete performance of the service owed under the contract. For this, before the start of performance you must have expressly consented to us beginning before the end of the withdrawal period and confirmed your awareness that the right expires upon complete performance of the contract. For off-premises contracts, you must also transmit your consent to us on a durable medium. For Premium, the agreed support until the vehicle is handed over is part of the complete scope of services. An advance payment, a dealer order or a commission invoice does not replace these requirements.

(4) Where an electronic withdrawal function is required by law for the specific way of concluding the contract, we provide it and inform you before conclusion of the contract of where it is actually placed. Other unequivocal declarations of withdrawal remain permissible. For legally covered continuing obligations for a fee that can be concluded online, the requirements for the termination option under § 312k BGB apply in addition.

(5) Consulting or brokerage with us and the vehicle purchase with the dealer are independent contracts. The effects of a withdrawal are governed by the statutory provisions; in particular, §§ 358 to 360 BGB on linked or related contracts remain unaffected. Whether their requirements are met depends on the specific contractual and cooperation relationships. For a vehicle purchase from our own stock that is subject to withdrawal, you receive a separate withdrawal information for goods.

(6) For a separate contract for the carriage of goods for which a specific date or period of performance is agreed when the contract is concluded, the statutory right of withdrawal may be excluded under § 312g (2) no. 9 BGB. We inform you separately before your contractual declaration of any exclusion that applies to the specific order. A mere appointment for consulting, vehicle inspection, detailing or storage does not in itself remove the right of withdrawal. Statutory termination and other contractual rights remain unaffected.

§ 13 Data protection and documentation

(1) We process personal data on an appropriate legal basis in accordance with the separate data protection information. We only transmit to dealers, sellers, specialist companies, transport companies, insurers and authorities the data required for the specific order to the extent legally permissible. These terms do not grant consent to advertising or to the disclosure of data that is not required.

(2) Offers, order confirmations, price calculations, actual customer declarations and services provided are documented in a traceable manner. Statutory data subject rights and retention rules remain. Where camera access has been agreed, the actual data protection information and § 9 (6) apply.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the country of their habitual residence.

(2) For merchants, legal entities under public law and special funds under public law, Hanover is agreed as the place of jurisdiction, insofar as this is legally permissible. For consumers, the statutory places of jurisdiction apply.

(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Statutory information duties in connection with an unresolved consumer dispute remain unaffected.

(4) If a provision of these terms is invalid, the rest of the contract remains valid in accordance with the statutory provisions. The statutory rules take the place of the invalid provision.

(5) The contract language is stated before conclusion of the contract. Where German is agreed, the German version forms the basis of the contract. Individual deviating language agreements and mandatory information duties remain unaffected. Translations provided must accurately reflect the agreed services, prices and consumer information.

(6) This version only applies to contracts into which it has been validly incorporated. Existing orders and fees already agreed are not changed retroactively.