Status: March 1, 2019
Please note that the following details are a translation of our German terms and conditions which are still the legal binding version.
1.1 These General Terms and Conditions govern the free use of the software (app) of the MovingaNow furniture taxi service, which Movinga GmbH, Perleberger Straße 42/Im Schultheissquartier, 10559 Berlin (hereinafter referred to as Movinga) provides to the Customer. This furniture taxi service enables the collection, transport and delivery of furniture and general cargo within Berlin by motor vehicles up to a maximum permissible total weight of 3.5 t according to the customer's order.
1.2 Movinga exclusively offers brokerage services between customers and partners. Partners are forwarders and carriers. A transport order is only concluded between the partner and the customer. The use of the MovingaNow app never results in a contract for the transport of goods between Movinga and the customer. Movinga is free to decide which partner to refer the customer's enquiry to. The invoicing of transport services and other additional logistics services is carried out exclusively between the partner and the customer.
2.1 Movinga shall provide the free software (MovingaNow app) for the brokerage of transports and additional logistics services to its partners.
2.2 Movinga shall transfer the Customer's offer to the Partners. The conclusion of a transport order with the Partner is not guaranteed. There is no guarantee for the uninterrupted availability of the MovingaNow app and for available transports and services of the partners.
The customer is obliged to provide Movinga with truthful and correct data. He is obliged to provide his name and mobile phone number when registering. He is also obliged to provide credit card details, as payment is also made via credit card billing. When using the app, the customer decides whether his telephone number may be passed on to the partner, which the partner can then use for direct contact.
The customer does not incur any costs for the mediation through the MovingaNow app. The costs for Internet access are borne by the customer. If the customer withdraws his request for the mediation of a furniture taxi, there will be no cancellation costs.
The costs of transport and logistics services shall be borne by the Customer on the basis of the contract concluded with the Partner.
Movinga shall be liable in accordance with the statutory provisions for damages caused by Movinga or its vicarious agents through intent or gross negligence. For simple negligence, Movinga shall only be liable in case of violation of a material contractual obligation and only for foreseeable and typical damages. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the customer may regularly rely. The provisions in this clause also apply to legal representatives and vicarious agents of Movinga.
Movinga collects, processes and uses company and personal data within the framework of the statutory provisions. The customer expressly consents to the collection, processing and use of his personal data (name, address, telephone number). Movinga refers in this respect to its data protection declaration on its homepage at www.movinganow.com
8.1 Customers may be excluded from using the MovingaNow App for good cause, in particular for misuse. In this case Movinga will inform the Customer of the blocking. The notification shall be made via a system message within the App.
8.2 The operation of the software/application (App) may be discontinued by Movinga at any time.
Should provisions of the contract or these T&Cs be invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The same shall apply if a loophole arises. The invalid or unenforceable provision shall be replaced by an appropriate provision that comes as close as possible to that which the parties intended or would have intended according to the spirit and purpose of the contract if the invalidity or unenforceability or loophole had been known.
Conflicting conditions or conditions contradicting these General Terms and Conditions shall not be recognised; they are contradicted already now. German law applies to this contractual relationship, place of performance is Berlin; if the customer is a merchant. The exclusive place of jurisdiction for all legal disputes arising from or in connection with this contract shall be Movinga's place of business in Berlin for all parties involved, unless otherwise stipulated by mandatory regulations.