Terms and conditions
Scope of application
StudyMover.de is a service provided by MARKS MEDIA, Johannes Marks, Marienberger Weg 3, D-50767 Cologne (hereinafter referred to as "StudyMover"). These Terms of Use govern the contractual relationship (hereinafter referred to as the "User Agreement") between StudyMover, users (hereinafter referred to as the "Client") and the mediated transportation companies (hereinafter referred to as the "Contractor") that make use of the services on this website. Clients are all natural persons who make a request or booking for a removal transport via StudyMover and are thereby mediated with Contractors. Other deviating terms and conditions of the principals shall not apply unless they have been confirmed in writing by StudyMover.
1. Subject of the service
1.1 StudyMover provides clients with an Internet platform on which they can search for contractors for various services. StudyMover's activities are aimed exclusively at bringing together clients and contractors.
1.2 For this purpose, StudyMover shall forward search requests from clients to suitable contractors in accordance with their search criteria, or present suitable contractors to the extent that such contractors are registered with StudyMover. However, StudyMover does not provide any guarantee that a referral will be made.
1.3 The contractors registered with StudyMover are independent contractors. A contractual relationship regarding the execution of the order is established exclusively between the client and the contractor. The content of the contract is governed by the agreements made between the customer and the contractor and the applicable contract law.
1.4 It is the sole responsibility of the Customer to verify whether the Contractor selected by it has the necessary qualifications for the execution of the order and whether the offer includes all the services and quality features requested by the Customer. StudyMover does not assume any guarantee for the information provided by the contractor on its profile or in its offer.
1.5 StudyMover shall not be subject to any rights and obligations regarding the contractual relationship between the client and the contractor. In particular, StudyMover assumes no liability for any breaches of duty by the contracting parties.
2. Request for quotation
2.1 Obtaining quotes by submitting the request form is free of charge and non-binding, no registration on StudyMover.de is required.
2.2 After submitting the booking form, the entered data will then be forwarded to selected contractors.
2.3 The concluded user contract with StudyMover begins when the search request is sent and ends at the latest when the order is placed with the contractor, unless the client has withdrawn the search request earlier. In this case, the usage agreement shall end upon withdrawal of the search request by the client.
2.4 When submitting search requests, the Client shall provide truthful and complete information regarding all required information. This applies in particular to information concerning identity, address, telephone number and e-mail address. Should the aforementioned information change during the term of the user agreement, the client must notify StudyMover of the change so that the search request can be adjusted accordingly.
2.5 Clients are prohibited from submitting search queries that are not intended for the subsequent placement of a corresponding order.
2.6 StudyMover expressly reserves the right to delete corresponding search requests and to reject future search requests from the customer if it becomes aware of a violation of the regulations contained in sections 2.4. and 2.5.
3. Booking, Cancellation, Payment
3.1 The use of the booking form is free of charge. No registration on StudyMover.de is required for sending the booking form.
3.2 After sending the booking form, the entered data will be forwarded to selected contractors.
3.3 Sending the completed booking form is a unilateral declaration of intent by the client. Upon receipt by the Contractor, the Client undertakes to pay monetary benefits upon acceptance by the Contractor.
3.4 The concluded usage contract with StudyMover begins with the sending of the booking and ends at the latest when the order is placed with the contractor, unless the client has withdrawn the booking earlier. In this case, the contract of use shall end upon withdrawal of the booking by the client.
3.5 The Client shall provide truthful and complete information with regard to all required information when making the booking. This applies in particular to information concerning identity, address, telephone number and e-mail address. Should the aforementioned information change during the term of the user agreement, the client must notify StudyMover of the change so that the search request can be adjusted accordingly.
3.6 Clients are prohibited from making bookings that are not intended for the subsequent placement of a corresponding order.
3.7 If StudyMover becomes aware of a violation of the regulations contained in sections 3.5. and 3.6. it expressly reserves the right to delete corresponding bookings and to reject future requests from the client.
3.8. Cancellations up to 48 hours before the booked moving date are free of charge. Cancellations up to 24 hours before the moving date are subject to a cancellation fee of 50% of the booked rate. When booking a custom quote, 50% of the anticipated agreed upon cost is also payable. Cancellations require notification by telephone and then in writing (preferably by e-mail) to the contractor who confirmed the booking.
3.9. The method of payment is agreed between the contractor and the client. StudyMover recommends immediate payment of the minimum order value booked in cash at the starting address and any additional payments, for example due to additional time incurred, to be settled at the destination address. The payment is to be recorded in writing for each contracting party.
4. Information from the clients
4.1 The client shall ensure that it owns the necessary rights for all content that it posts or makes accessible as part of a search query, such as texts, music, images or videos.
4.2 StudyMover is entitled to remove content of the client or not to publish search queries if they violate legal provisions, the rights of third parties or these Terms of Use.
5. Warranty and restrictions of use
5.1 StudyMover endeavors to avoid impairments or other restrictions on the use of the services as far as this is technically possible. However, due to the further development and maintenance of StudyMover's services, temporary restrictions on use may occur.
6. Liability
6.1 StudyMover shall endeavor to consider only those contractors for placement who have the required qualifications in both factual and legal terms. However, StudyMover shall not be liable for information or actions of the contractor.
6.2 StudyMover gives no assurance of any kind regarding the suitability, availability or quality of the service offered by the contractors and assumes no responsibility in this regard.
6.3 StudyMover acts solely as an agent for services within the scope of the services offered. StudyMover is therefore not liable for any claims or damages whatsoever arising from a legal relationship between the client and the contractor. The contractors are not vicarious agents of StudyMover.
6.4 Insofar as StudyMover provides its own services to the client within the scope of the services offered, liability is generally limited to intent and gross negligence. This does not apply to damage to life, limb and health, to the breach of obligations that make the performance of the service possible in the first place (so-called cardinal obligations) and to obligations for which StudyMover has assumed a guarantee.
7. Legal use
7.1 StudyMover expressly draws attention to the statutory provisions on combating undeclared work. The execution of orders that are to be executed in violation of such provisions or other statutory regulations is prohibited.
7.2 StudyMover reserves the right, upon becoming aware of culpable violations of legal provisions or these Terms of Use, to sanction clients depending on the severity of the violation. Serious violations may result in the temporary or permanent blocking of individual search queries as well as the relevant clients.
8. Data privacy
8.1 The collection, processing and use of personal data by StudyMover shall be carried out in accordance with the provisions of the Federal Data Protection Act and on the basis of the provisions of StudyMover's privacy policy.
8.2 StudyMover will not pass on any personal data outside of necessary transmission processes in connection with the use of the services without the separate consent of the client.
9. Final Provisions, Applicable Law; Agreement on Jurisdiction for Merchants
9.1 If any provision of these Terms of Use or any part thereof is or becomes invalid, this shall not affect the validity of these Terms of Use as a whole.
9.2 The contractual relations of the parties shall be governed by the laws of the Federal Republic of Germany, excluding the conflict of laws provisions of the EGBGB.
9.3 Insofar as a contracting party is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be Cologne. For consumers, the statutory rules of jurisdiction shall apply, the contractual language shall be German.