General Terms and Conditions

of
Kofferbutler GmbH (FN 618176h)
Freindorferstrasse 2d, 4052 Ansfelden, Austria
Tel: +43 732 272 220 16
http://www.kofferbutler.at/
Version dated 01.01.2024

I. Preamble

1. All transport contracts and luggage transport services concluded through Kofferbutler GmbH are subject to these General Terms and Conditions.

II. General Provisions

1. Depending on the agreement, the contractor shall provide the following services for the client: collection, storage, transport, delivery, and, where applicable, interim warehousing of luggage of all kinds.
2. These General Terms and Conditions (hereinafter referred to as "GTC") shall apply, from the time of the initial agreement between the contracting parties, to all current and future services provided by the contractor for the client, even if no express reference is made to the GTC when concluding an individual contract.
3. The client's own terms and conditions shall only apply if expressly acknowledged in writing by the contractor.

III. Formation of Contract

1. The scope of services to be provided is defined by the client – subject to review by the contractor – by entering the following data on the website www.kofferbutler.at or via the "Kofferbutler" app: desired collection date or delivery date, number of pieces of luggage, approximate size and approximate weight of the luggage, collection and delivery address, name, email address and telephone number of the client and recipient, and information as to whether the luggage to be transported contains fragile items. Collection of the luggage by the contractor can take place at the earliest one day after the client's electronically submitted order, unless a different arrangement is separately agreed.
2. Once the client has entered all data for the desired order on the website www.kofferbutler.at or via the "Kofferbutler" app, the system calculates the estimated delivery time and the total price for carrying out the order. If the client confirms that they wish to place an order for the shipment of the luggage under the contractor's conditions and makes payment to the contractor, the client thereby submits an offer to the contractor, which is binding on the client until the following day at 18:00 Central European Time. By submitting the offer, the client accepts the contractor's GTC and consents to the use of their data by the contractor as described in the privacy policy.
3. The contract is formed as soon as the contractor sends a written order confirmation electronically.

IV. Obligations of the Client

1. The client undertakes to take all measures necessary for the fulfilment of the contract by the contractor that are not included in the contractor's scope of services. In particular, the client must hand over the agreed items of luggage to the contractor at the agreed time, ready for transport. The contractor is under no obligation to inspect the luggage. The client must ensure that the contents of the luggage to be transported are sufficiently protected against external influences so that the items to be transported are not damaged. The contractor is not obliged, in the absence of a written agreement, to examine, preserve or improve the luggage. Any damage to the contents being transported resulting from inadequate packaging shall be borne solely by the client; claims for damages against the contractor are excluded to the extent permitted by law.
2. The contractor is entitled to refuse shipment of the luggage if it is obviously not safe for transport or if it deviates significantly from the agreed size or other agreed characteristics. In the absence of a written agreement, the service shall likewise not be rendered if the luggage contains goods that could cause harm to persons, animals, other goods or other objects, or that are perishable or subject to putrefaction. Section 5 of the General Austrian Freight Forwarders' Terms and Conditions shall apply mutatis mutandis.
3. Furthermore, the contractor refuses – unless otherwise agreed – to transport luggage containing the following: money and other assets, documents with monetary value such as cheques, securities, bills of exchange or savings books, precious metals and jewellery, weapons and weapon parts, hazardous goods, goods that still contain liquids, and goods whose transport is prohibited. The client must inform the contractor of the contents of the luggage in good time.
4. The contractor is not obliged to inspect the contents of the luggage and, in the absence of appropriate information, assumes that none of the goods referred to in clause IV. (2) or (3) are contained in the luggage. If there is a suspicion that one or more of the goods referred to in clause IV. (2) or (3) may be contained in the luggage, the contractor is entitled to open and inspect the luggage and, if the goods referred to in clause IV. (2) or (3) are found, to refuse the transport and storage of the luggage.
5. If the contractor rightfully refuses transport, the client shall nevertheless pay the contractor the full fee.
6. The actual acceptance of the luggage for transport or storage by the contractor shall not be deemed to constitute consent to or subsequent approval of the transport exclusions set out in clause IV. in particular. If the client has concealed from the contractor that the luggage contains one or more of the goods referred to in clause IV. (2) or (3) in particular, the client shall be liable for all disadvantages and damages incurred by the contractor or third parties as a result of the transport or storage of these goods, including the costs of seizure, storage, return transport, disposal and other additional costs. In the event of damage to or loss of the luggage, the contractor's liability is limited to EUR 500, or in the case of "Premium" shipment to EUR 1,000. The burden of proof for any damage lies with the client.
7. Notes on the luggage drawing attention to a particular nature of the contents are not binding on the contractor. Furthermore, the client's obligation to pack the contents in a manner safe for transport and suitable for the journey is unaffected by any such note.
8. The client undertakes to completely remove old labels and notices from the luggage and to attach a label to the luggage clearly stating the recipient's correct address. Where required, all further transport documents must be affixed to the luggage. If the client fails to take the necessary steps, the contractor is released from the obligation to deliver the luggage, while retaining the right to full payment.
9. If the client fails to fulfil their cooperation obligations by the agreed date or to the agreed extent, the services that the contractor was consequently unable to carry out shall nonetheless be deemed to have been rendered in accordance with the contract.
10. In the case of imports and exports requiring authorisation, the client is obliged to provide the contractor with the following documents for the purpose of customs declaration: a packing list of the luggage contents (available for download on the website), a pro-forma invoice for import and export customs clearance stating the value of the goods. Customs clearance costs will be invoiced to the client separately by the contractor and must be reimbursed within 7 days of invoicing.

V. Performance

1. For domestic shipments, the contractor generally delivers the luggage to the recipient within one to four working days; for shipments to or from abroad, within three to eight working days where possible after collection. If the client opts for a "Premium" shipment, the delivery time for domestic shipments is generally one to two working days, and for deliveries abroad (depending on the country) one to five working days where possible. However, no binding delivery deadlines are agreed. The stated delivery times are non-binding and do not constitute fixed delivery dates. No deliveries are made on Saturdays, Sundays or public holidays. Saturdays are not working days.
2. The client authorises the contractor to hand over the luggage at the recipient's address with discharging effect to any person found there who is ready to receive it, provided there are no well-founded doubts as to that person's authority to accept the luggage on behalf of the recipient. Furthermore, the contractor is not required to separately verify the receiving authority of the person found at the recipient's address.
3. Upon delivery of the luggage, the recipient or the person found at the address who is ready to receive it must provide their name and sign a receipt. Digital signatures also serve as proof of delivery. If a signature is refused, the delivery note of the delivery person shall serve as proof of delivery. If the specified delivery address is obviously incorrect, the contractor must first obtain instructions from the client. If the contractor does not receive instructions from the client within 3 working days for any reason, the contractor is entitled to return the luggage to the client. All additional costs incurred by the contractor shall be borne by the client.
4. Changing the delivery address after a piece of luggage has been booked is generally not possible, unless a different arrangement is made in an individual case.
5. Objectively justified and reasonable changes to the contractor's performance obligations shall be deemed approved in advance by the client. Agreed delivery dates are only binding if a fixed-date transaction has been agreed. The contractor is in particular released from the obligation to render the agreed services in the event of force majeure or unforeseen obstacles within the contractor's or its subcontractors' sphere of influence. The client may only withdraw from the contract if a delivery deadline agreed to be binding is exceeded by the contractor.
6. Force majeure – in addition to the causes mentioned in clause IX. – also includes operational and traffic disruptions, with the consequence that the contractor is released from its obligation to perform for the duration of the impediment, or, at the contractor's discretion, permanently, without the client acquiring any claims arising from the contractor's withdrawal. Liability of the contractor for adverse consequences resulting from delayed performance is excluded in all cases.
7. The contractor is entitled to engage subcontractors to carry out the contractually owed services.
8. If required, the client is entitled to commission the contractor to store the luggage for a limited period. It is solely at the contractor's discretion to select a suitable storage location. The client is entitled to be informed of the storage location and to inspect the stored luggage by prior arrangement and upon reimbursement of costs. If several pieces of luggage are stored, the contractor must create a "storage list", the completeness of which the client must confirm in writing. Storage may be for a fixed or indefinite term. In the latter case, a mutual notice period of 10 days is agreed. Clause III. (2) shall apply mutatis mutandis with regard to storage costs.

VI. Disruption of Performance

1. The contractor undertakes to render the agreed services in accordance with the contract. If the contractor renders the services with material deviations from the agreed quality standards, the client is entitled to demand a price reduction or to withdraw from the contract.
2. If the deficiency of the service rendered is attributable to a failure or deficiency in the client's cooperation or to a breach of the client's obligations, in particular pursuant to clause IV. of these GTC, any obligation on the part of the contractor to remedy the defect free of charge or to reduce the price is excluded. In these cases, the services rendered by the contractor shall nonetheless be deemed to have been rendered in accordance with the contract despite any possible limitations. However, the contractor will, at the client's request, re-render the outstanding service at the client's expense.

VII. Liability

1. The contractor shall only be liable to the client for demonstrably culpable damage in cases of intent and gross negligence. This also applies to damage caused by third parties engaged by the contractor. In the case of culpable personal injury, the contractor shall also be liable for minor negligence.
2. If the client has the contractor transport one or more of the goods referred to in clause IV. (2) or (3) without disclosing this, any liability on the part of the contractor is excluded in principle. Likewise, liability for indirect damages – such as loss of profit, costs associated with a business interruption, or claims by third parties – is expressly excluded.
3. Claims for damages by the client against the contractor become statute-barred at the latest six months after knowledge of the damage and the party responsible, but in any case after 3 years. The contractor's obligation to compensate only exists if the client as a business reports the respective damage in writing without delay after performance, or, in the case of damage not immediately apparent, after becoming aware of the damage. Express reference is made to Section 377 of the Austrian Commercial Code (UGB), which applies mutatis mutandis: if the client as a business fails to report without delay, it can no longer assert claims for warranty (§§ 922 et seq. ABGB), for damages due to the defect itself (§ 933a para. 2 ABGB), for error regarding the defect-free nature of the service (§§ 871 f ABGB), or for relief due to reduction of value by more than half (§ 934 ABGB).
4. Insofar as the contractor renders the work with the assistance of third parties and warranty and/or liability claims arise against those third parties in this connection, the contractor assigns such claims to the client. The liability limitations of these GTC, in particular pursuant to clause VII., also apply when the client pursues claims against the third parties whose assistance the contractor has engaged.
5. Any warranty and damage claims of the client against the contractor or third parties attributable to the contractor beyond those set out in these GTC – regardless of the legal basis – are excluded to the extent permitted by law. Furthermore, the contractor's or its attributable third parties' liability for the client's damages is limited to five times the order value, but to a maximum of EUR 2,000 per order. Liability for damages arising from delays is limited in accordance with the General Austrian Freight Forwarders' Terms and Conditions and the Convention on the Contract for the International Carriage of Goods by Road (CMR) to the amount of the freight value.
6. In the event of destruction or loss of the luggage, the damage shall be assessed on the basis of the current value of the contents and is insured up to EUR 500, or in the case of "Premium" shipment up to EUR 1,000. Beyond this, the contractor's liability is excluded in all cases, provided the contractor had no knowledge of the increased value of the goods shipped. Clause IV. (4) to (6) must be observed. Offsetting of the client's claims against the contractor's or its attributable third parties' remuneration is not permitted.
7. If official and economic restrictions arise as a result of the "Corona" virus or a comparable pandemic, the contractor shall not be responsible for any resulting delays and disadvantages. The fee shall nonetheless be due in full.
8. In all other respects, with regard to the contractor, exclusively the provisions on "Liability of the Freight Forwarder" pursuant to clause XIII. of the General Austrian Freight Forwarders' Terms and Conditions shall apply.

VIII. Remuneration

1. The remuneration to be paid by the client shall be paid immediately during the booking process by credit card (Visa or Mastercard) or by instant bank transfer in euros and shall be as set out in the contract. All costs and charges of payment shall be borne by the client. Any unforeseeable additional expenditure is not included in the contractually agreed price and shall be invoiced separately. This also applies to any unforeseeable expenditure or additional costs caused by the client's breach of their cooperation obligations (in particular pursuant to clause IV.).
2. Several clients shall be jointly and severally liable. If a representative fails to disclose the client's name, profession and address when concluding the contract, the representative shall be jointly and severally liable alongside the client as guarantor and payer. The client must transfer this contract to their legal successors.
3. If the client is a business, the following applies: the stated prices do not include VAT unless expressly stated.
4. For each order placed via the "Kofferbutler" app, the client receives loyalty points that can be redeemed on a future order, thereby, for example, reducing the price of the future order. The awarding and number of loyalty points are published by the contractor in ongoing communications. Unused loyalty points expire in full after 12 months at the latest. The client expressly agrees to the corresponding storage and use of data by the contractor for this purpose. Upon expiry of the loyalty points, the corresponding data records will also be deleted. No loyalty points are awarded for orders placed outside the "Kofferbutler" app.
5. If, exceptionally, no advance payment by the client is agreed, or if the client is required to reimburse the contractor for additional expenditure, the contractor's invoices must be paid by the client within 7 days of receipt and without any deduction, free of charges. The payment terms stipulated for the overall order shall apply analogously to partial invoices. For orders comprising multiple deliveries, the contractor is entitled to issue an invoice after delivery of each individual unit or service. Any objections by the client to the contractor's invoices must be raised in writing within one week of receipt of the invoice by letter or email, failing which the invoice amount shall be deemed accepted.
6. The client acknowledges that the contractor has a right of election for as long as no payment has been made: the contractor may either carry out the shipment of the luggage and collect the corresponding price from the client. However, the contractor also has the right to refuse to ship the luggage until full payment has been made by the client.
7. A payment is deemed to have been made on the day on which the contractor is able to dispose of it. In the event of late payment, the client is obliged to reimburse the contractor for all costs necessary for the appropriate pursuit of legal remedies, such as lawyer's fees and debt collection costs. If the contractor conducts the reminder process itself, the client undertakes to pay EUR 30 per reminder issued, in addition to the interest and costs otherwise incurred. In the event of late payment, the client is also obliged to compensate for any further damage in addition to the statutory interest, irrespective of fault in the delay of payment.
8. In the event of the client's late payment for whatever reason, the contractor is additionally entitled to make the remuneration for all services already rendered immediately due and payable, notwithstanding any payment terms. In the event of non-compliance with the contractor's payment terms and in the event of justified concern regarding the client's ability to pay (i.e. even in the case of a payment delay), the contractor is entitled to withhold outstanding services, demand advance payments or security, or withdraw from the contract without setting a grace period.
9. The client is only permitted to offset claims against the contractor's remuneration if those claims have been acknowledged by the contractor or are legally established. The client has no right of retention. In particular, the client is not entitled to withhold payments due to incomplete performance, warranty, guarantee claims or complaints.
10. All taxes and levies arising from the contractual relationship shall be borne by the client. The client undertakes to indemnify and hold the contractor harmless should the contractor be held liable for taxes and levies.

IX. Force Majeure

1. To the extent and for as long as obligations cannot be fulfilled on time or properly due to force majeure – such as, for example, war, terrorism, natural disasters, border closures due to pandemic, border controls, traffic jams, weather-related impossibility of delivery, closure of airports, roads, etc., fire, strike, lockout, embargo, sovereign acts, power supply failures, failure of means of transport, failure of telecommunications networks or data lines, changes in legislation affecting the services after conclusion of the contract, or other non-availability of products, among others – this shall not constitute a breach of contract by the contractor.

X. Duration of Contract

1. The contract enters into force upon the contractor's transmission of the order confirmation to the client and ends upon defect-free provision of the agreed service by the contractor.
2. The client is entitled to cancel the contract concluded with the contractor for the transport of one or more pieces of luggage at any time. Cancellation up to and including the 11th working day before the agreed collection of the luggage by the contractor shall be free of charge and any payments already made shall be refunded to the client. If cancellation takes place from the 10th working day before the agreed collection of the luggage by the contractor, any partial refund of the price is excluded in all cases. Saturdays are not working days.
3. As a consumer, the client may, pursuant to Section 11 of the Distance and Off-Premises Contracts Act (FAGG) or Section 3 of the Consumer Protection Act (KSchG), withdraw from a contract concluded outside the contractor's business premises (off-premises contract). The right of withdrawal also applies to contracts between a business and a consumer concluded without the simultaneous physical presence of the contracting parties (distance selling). As a consumer, the client therefore has the right to withdraw from the contract concluded with the contractor as a business within fourteen days without giving any reasons. The client as a consumer waives this right of withdrawal and expressly declares that they will not exercise this right of withdrawal as soon as they hand over the luggage to the contractor for delivery. Withdrawal from the contract is excluded in all cases from this point in time.
4. Each contracting party is entitled to terminate the contract for good cause by email with immediate effect and without notice. Good cause exists in particular if the other contracting party, despite a written warning and threat of termination, materially breaches obligations under the contract, or if insolvency or other proceedings are applied for, opened or rejected for lack of assets against the other contracting party, or if the other contracting party's services are impeded or prevented by force majeure for a period of more than six months.
5. The contractor is furthermore entitled to terminate the contract prematurely for good cause if essential parameters of the service have changed and, for that reason, continuation of the services can no longer be reasonably expected of the contractor from an economic perspective. The contractor is likewise entitled to terminate the contract prematurely for good cause if the client fails to make agreed advance payments or agreed instalments on time.

XI. Data Protection

1. The contractor stores the client's personal data necessary for the execution of the contract. The client gives their express consent for their data to be stored, processed and transferred to third parties commissioned by the contractor for processing for the purpose of executing this contract.
2. The contractor will, when handling personal data, comply with the provisions of the Data Protection Act, the GDPR and the Telecommunications Act, and will take the technical and organisational measures required for data protection within the contractor's area of responsibility. The privacy notice within the meaning of Articles 13 and 14 GDPR is enclosed with the order.

XII. Confidentiality

1. Each contracting party undertakes to treat all trade secrets disclosed to it by the other party in connection with this contract and its execution as confidential and not to make them accessible to third parties, unless such secrets are generally known, or were already known to the recipient prior to disclosure without any obligation of confidentiality, or are communicated or made available to the recipient by a third party without any obligation of confidentiality, or are demonstrably independently developed by the recipient, or must be disclosed pursuant to a legally binding administrative or judicial decision.
2. Subcontractors affiliated with the contractor shall not be deemed to be third parties.

XIII. Miscellaneous

1. The client acknowledges that the contractor's employees are prohibited from making commitments to conditions deviating from the contract or from these GTC, or from otherwise binding the contractor.
2. Brochures, catalogues and similar materials remain the intellectual property of the contractor. Any use or reproduction requires the contractor's express consent. The contractor assumes no liability for pre-contractual discussions, statements by employees or intermediaries, brochures, etc. Technical and design deviations from descriptions and information in brochures, catalogues and written materials, as well as changes in the course of technical progress, are reserved without any rights being derived therefrom against the contractor.
3. Amendments and additions to the contract must be made in writing. This also applies to the waiver of this formal requirement. Verbal collateral agreements require written confirmation by the other contracting party to be valid. Emails are deemed equivalent to written form.
4. Should one or more provisions of the contract be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a correspondingly valid arrangement that comes closest to the economic purpose of the invalid or unenforceable clause.
5. In relation to consumers, all provisions of these GTC that are incompatible with applicable consumer protection legislation shall be disregarded.
6. Unless otherwise agreed, Austrian law shall exclusively apply. The place of performance for delivery and payment is the contractor's registered place of business. This also applies if the order is carried out abroad. Conflict of laws rules referring to foreign law and the UN Convention on Contracts for the International Sale of Goods shall not apply. For disputes, the exclusive local jurisdiction of the court with subject-matter jurisdiction for the contractor's registered place of business is agreed.
7. To the extent that these GTC do not contain deviating provisions, the General Austrian Freight Forwarders' Terms and Conditions (AÖSp) and the Convention on the Contract for the International Carriage of Goods by Road (CMR) in their current versions shall apply.