Version: 1.5
Date: October 5, 2023

1. Provider and Scope of Application

These General Terms and Conditions apply to contracts for transportation, courier, freight forwarding, logistics, and related services provided by SAATKARY CARGO Darius Saatkary Sole Proprietorship—hereinafter “SAATKARY CARGO”—to its clients.

Customers may be either consumers or business entities. A consumer is any natural person who enters into a legal transaction primarily for purposes that cannot be attributed to either their commercial or self-employed professional activities. A business entity is a natural person, a legal entity, or a partnership with legal capacity that, at the time the contract is concluded, is acting in the course of its commercial or self-employed professional activities.

Any conflicting General Terms and Conditions of the client shall apply to businesses only if SAATKARY CARGO has expressly agreed to their validity.

2. Offer and Conclusion of the Contract

Quotes, price estimates, and other information provided by SAATKARY CARGO are subject to change unless they are expressly designated as binding.

An inquiry or booking request from the client initially constitutes an offer to enter into a contract. The contract is not formed until SAATKARY CARGO expressly confirms the order.

To the extent that the fulfillment of the order depends on the availability of a suitable driver, carrier, or other transportation partner, acceptance of the order is subject to this condition until such time as confirmation is provided. An automated confirmation of receipt does not constitute acceptance of the order.

3. Implementation by Third Parties

SAATKARY CARGO is entitled to engage suitable independent carriers, courier drivers, freight forwarders, or other subcontractors to carry out the order. The selection and engagement of suitable service providers is carried out by SAATKARY CARGO, unless otherwise expressly agreed.

4. Prices and Payment

The price agreed upon in the respective offer or order confirmation shall be binding. Additional services and expenses that were not known or foreseeable at the time the contract was concluded and are not included in the agreed scope of services may be billed separately, provided they were necessary for the performance of the order or were requested by the client.

This may include, in particular, additional waiting times, additional loading or unloading locations, changes to shipment details, necessary additional trips, as well as tolls, ferry fees, customs duties, warehousing, packaging, or other third-party costs.

SAATKARY CARGO is entitled to require payment in advance or a reasonable advance payment. Unless otherwise agreed, payment is due no later than the date specified on the invoice.

5. Obligations of the Client

The client must provide all information necessary for the proper execution of the order in a complete and accurate manner. This includes, in particular, the pickup and delivery addresses, contact persons, phone numbers, pickup and delivery times, the number of packages, dimensions, weight, type, and nature of the goods to be transported, as well as any special risks or requirements.

In the case of high-value goods, goods that are particularly susceptible to theft, fragile goods, hazardous goods, or goods that otherwise require special handling, the client must expressly notify SAATKARY CARGO of this prior to the conclusion of the contract and disclose the actual value of the goods.

The customer is responsible for ensuring that the goods to be transported are suitable for transport and—unless otherwise expressly agreed—are properly packaged and labeled.

6. Appointments and Service Hours

Agreed pickup or delivery times are considered binding deadlines only if they have been expressly agreed upon as such.

Unusual and unforeseeable traffic disruptions—in particular, complete road closures due to accidents, official measures, border or customs checks, extreme weather conditions, and other circumstances that SAATKARY CARGO cannot avoid even with the exercise of due care—may result in delays. The client’s legal claims remain unaffected.

7. Termination and Cancellation of Transportation Orders

The termination of a freight contract that has already been concluded is governed by the statutory provisions, in particular Section 415 of the German Commercial Code (HGB), unless more specific statutory provisions or validly incorporated contractual provisions apply.

Any third-party and additional costs that have already been incurred and can no longer be avoided must be reimbursed by the client, provided that the legal requirements for such reimbursement are met.

8. Pickup and Delivery Attempts

The agreed-upon shipping rate includes one scheduled pickup attempt at the agreed-upon pickup location and one scheduled delivery attempt at the agreed-upon delivery location.

If pickup or delivery fails for reasons beyond the control of SAATKARY CARGO —in particular due to the absence of a person authorized to hand over or accept the shipment, lack of accessibility, unwillingness to hand over or accept the shipment, or incorrect or incomplete information provided by the client—additional charges may be assessed for subsequent trips, delivery attempts, and any resulting waiting, storage, return shipping, and other additional costs.

The client's mandatory statutory rights remain unaffected.

9. Special Terms and Conditions for Business Owners

If the client is a business entity and the contract is a transportation contract falling within the scope of the General German Freight Forwarding Conditions, the General German Freight Forwarding Conditions 2017 (ADSp 2017) shall apply in addition.

In the event of any conflict between these Terms and Conditions and mandatory statutory provisions, the mandatory statutory provisions shall prevail. In particular, the ADSp shall not apply to the extent that their scope of application excludes the service in question.

10. Consumers

The ADSp 2017 do not apply to consumers. In particular, the mandatory statutory provisions of the German Commercial Code and the German Civil Code apply to freight and transportation contracts with consumers.

These Terms and Conditions do not deviate from mandatory consumer protection laws to the detriment of the consumer.

11. Right of Withdrawal for Transportation Services

Under Section 312g(2)(9) of the German Civil Code (BGB), consumers do not have a statutory right of withdrawal for contracts for the transportation of goods if a specific date or time period has been agreed upon for the performance of the service.

If a statutory right of withdrawal applies in a specific case, the consumer will be separately informed of this in accordance with the statutory requirements.

12. Household Goods

Contracts for the carriage of household goods are subject to the special statutory provisions of §§ 451 et seq. of the German Commercial Code (HGB). The ADSp 2017 do not apply to transactions that exclusively involve the carriage or storage of household goods as defined in § 451 HGB.

The information required by law regarding liability provisions, options for additional liability agreements or insurance, and the requirements for reporting claims is provided separately to consumers.

13. Liability

To the extent that the ADSp 2017 apply, liability shall be governed by the provisions set forth therein and by mandatory statutory provisions.

In all other respects, liability is governed by the applicable statutory provisions, in particular the provisions on transportation in the German Commercial Code and—in the case of cross-border shipments—any applicable international conventions.

Mandatory statutory liability provisions remain unaffected.

14. International Road Freight Transport (CMR)

For cross-border road freight transport, the Convention on the Contract for the International Carriage of Goods by Road (CMR) applies to the extent that its statutory scope of application is applicable.

Mandatory provisions of the CMR take precedence over these General Terms and Conditions and the ADSp 2017, which are incorporated herein by reference.

To the extent that the CMR does not contain any provisions or its scope of application does not apply, the remaining agreed-upon terms and conditions of the contract and the applicable statutory provisions shall apply.

15. Citation of References and Use of Logos by Businesses

If the client is a business, the client grants SAATKARY CARGO permission, following the successful completion of an order, to publicly disclose the existence of the business relationship for reference purposes.

To this end, SAATKARY CARGO may use the client’s company name and logo free of charge on its own website as well as in corporate and sales presentations.

This mention is intended solely as a factual statement that the client has utilized the services of SAATKARY CARGO . In particular, it must not give the impression of a recommendation, sponsorship, strategic partnership, or any connection that goes beyond the actual business relationship.

The Client declares that it is authorized to grant the necessary rights of use for this purpose. The Client may object to further use at any time in the future by providing written notice. SAATKARY CARGO will then remove the relevant content within a reasonable period of time.

16. Governing Law

The laws of the Federal Republic of Germany shall apply. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

17. Jurisdiction

If the client is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be Berlin—to the extent permitted by law. Mandatory statutory places of jurisdiction remain unaffected.