Partner Terms for Moving Companies

§ 1 Scope, subject matter and MoveDeal's role

MoveDeal operates an online platform on which customers post moving requests and moving companies submit offers for them. MoveDeal thereby provides an online intermediation service within the meaning of Regulation (EU) 2019/1150.

MoveDeal acts as an intermediary. MoveDeal does not itself provide any moving, transport, storage or cleaning services, is not a carrier or furniture removal contractor, and does not become a party to the transport contract concluded between the Partner and the customer. MoveDeal is not liable for loss of or damage to the goods being moved, nor for exceeding delivery periods, under §§ 451 et seq. of the German Commercial Code (HGB).

These Partner Terms constitute the framework agreement between MoveDeal and the Partner. They apply to every use of the platform by the Partner, in particular to every offer submitted and every job brokered through it. Deviating or supplementary terms of the Partner do not become part of the contract, even if MoveDeal does not expressly object to them.

The Partner acts in its own name and for its own account. No employment relationship, partnership or joint venture arises between MoveDeal and the Partner or the Partner's staff. The Partner is solely responsible for registering and paying taxes and social security contributions for itself and its staff.

§ 2 Registration, admission and verification

Use of the platform requires registration. The person completing the registration warrants that they are authorised to represent the Partner. All information provided must be true, complete and current; changes must be updated in the partner account without delay.

Registration alone does not create a contract. The framework agreement under these Partner Terms is concluded only when MoveDeal confirms the Partner's admission following a successful review of the evidence required under § 3 (verification). There is no entitlement to admission.

Only after verification has been completed may the Partner submit offers for moving requests. If MoveDeal refuses verification, MoveDeal will inform the Partner of the reasons and give the Partner the opportunity to submit missing or insufficient evidence.

There is no entitlement to the brokerage of jobs, to a particular number of requests, or to a particular level of visibility on the platform. MoveDeal does not warrant any brokerage success.

The Partner is responsible for the access credentials to its partner account, must protect them against third-party access, and must notify MoveDeal without delay of any loss or misuse. The email address stored in the partner account serves as the delivery address for contractually relevant notices.

§ 3 Required evidence and documents

Before verification, the Partner must upload the following evidence via the platform. MoveDeal reviews it in order to ensure that the brokered services are permissible under trade law and adequately insured, and in order to comply with its obligations regarding the traceability of business users under Art. 30 of Regulation (EU) 2022/2065 (Digital Services Act).

Business registration (Gewerbeanmeldung)

Evidence of registration of the removals or transport trade.

Commercial register extract (Handelsregisterauszug)

Additionally required for companies entered in the commercial register (e.g. GmbH, UG, OHG, KG); it evidences authority of representation.

Identity document of the authorised representative (front and back)

Identity card or passport of the managing director or owner.

Proof of address

Current evidence of the business address, e.g. a utility bill or registration certificate, not older than three months.

Road haulage authorisation

For commercial road haulage using vehicles with a permissible total weight exceeding 3.5 t, the authorisation under § 3 of the German Road Haulage Act (GüKG) or the EU licence under Regulation (EC) No 1072/2009. If transport is carried out exclusively with vehicles up to 3.5 t, this must be stated in the partner account.

Public / business liability insurance

Evidence of valid business or professional liability insurance with adequate cover.

Carrier liability / cargo insurance

Evidence of insurance covering liability for the goods being moved; in commercial road haulage in particular the carrier liability insurance required under § 7a GüKG.

Tax details

VAT identification number or tax number. This is required for the commission statement and its VAT treatment.

The Partner must ensure that the evidence on file remains valid for the entire term of the contract. If an item of evidence expires, or an authorisation or insurance cover ceases to exist, the Partner must inform MoveDeal without delay and upload updated evidence. Until then, MoveDeal may restrict the submission of offers in accordance with § 9.

MoveDeal reviews the evidence for plausibility and completeness. This review does not relieve the Partner of its own responsibility for holding all necessary authorisations and insurance, and does not constitute any warranty by MoveDeal towards customers or third parties.

In order to receive payouts, the Partner must additionally complete onboarding with the payment service provider (§ 6). That provider carries out its own identity and account checks. MoveDeal has no influence over their outcome.

§ 4 Partner's obligations

The Partner performs the services it offers professionally, with sufficiently qualified staff and with suitable, roadworthy vehicles and equipment.

The Partner complies with the rules applicable to its activity, in particular:

• the German Road Haulage Act and the rules on driving and rest periods,
• the German Minimum Wage Act and the rules on social security and on combating undeclared work,
• the duty to inform the customer of the liability provisions under § 451g HGB, where the Partner acts as a furniture removal contractor,
• the rules on consumer rights where the customer is a consumer, including the duty to provide information about any right of withdrawal,
• the rules on invoicing, in particular § 14 of the German VAT Act (UStG).

The Partner shall in principle perform brokered jobs using its own staff. The use of subcontractors must be notified to MoveDeal in advance; in that case the Partner remains fully responsible towards the customer and MoveDeal and must ensure that the subcontractor equally meets the requirements under § 3 and § 4.

The Partner's staff must not create the impression that they are acting for MoveDeal. The Partner appears towards the customer under its own company name.

The Partner shall meet agreed appointments. If a delay becomes apparent, the Partner shall inform the customer without delay and document this via the platform. If an appointment cannot be kept, MoveDeal must be informed without delay so that an alternative can be offered to the customer.

After completing the service, the Partner shall document the handover together with the customer, recording any apparent damage or defects. If a customer asserts damage, the Partner shall respond within seven days and report the damage to its insurer without delay.

The Partner shall not misuse the platform. Prohibited conduct includes in particular submitting offers without the intention or ability to perform, providing inaccurate information about the Partner's own business, manipulating reviews, and automated retrieval of data without MoveDeal's consent.

§ 5 Offers and conclusion of the transport contract

Customers post moving requests with details of addresses, preferred date and the goods to be moved. Verified Partners may submit offers for them. An offer is a binding declaration by the Partner and must clearly state the total price as a gross price in euro including statutory VAT, as well as the scope of services.

The transport contract is concluded when the customer accepts the Partner's offer via the platform. The parties to the transport contract are exclusively the customer and the Partner. MoveDeal does not become a party.

The Partner shall check the customer's information for plausibility to the extent possible and shall clarify any ambiguities via the platform before submitting an offer. If additional work becomes apparent on site because the customer's information was inaccurate or incomplete, this must be agreed with the customer and documented. Any change to the price requires the customer's consent.

The Partner is obliged to invoice the customer for the moving service it has performed. MoveDeal does not issue, and is not obliged to issue, an invoice for the moving service.

§ 6 Prices, commission and payment processing

Registration and use of the platform are free of charge for the Partner. There are no basic fees and no charges for submitting offers. MoveDeal is remunerated exclusively on a success basis by way of a commission.

The commission amounts to 12 % of the gross price of the brokered job plus the statutory VAT applicable to it (currently 19 %). The reference figure is the gross price payable by the customer. The commission accrues upon conclusion of the transport contract and is settled upon payout.

MoveDeal issues the Partner a commission statement that meets the requirements of § 14 UStG and is available in the partner account.

The customer's payment is processed by the payment service provider Stripe. The Partner requires a Stripe account for this purpose, which it sets up during onboarding via the platform; Stripe's terms additionally apply in that respect. MoveDeal is neither a payment service provider nor a credit institution and does not maintain accounts for the Partner.

Payout of the amount reduced by the commission is initiated once the job has been reported as performed and confirmed by the customer. The value date depends on the processes of the payment service provider and the account-holding institution. If the customer neither confirms nor raises any complaint, MoveDeal initiates the payout of its own accord after a reasonable period has elapsed.

In the event of a customer complaint, a dispute or a chargeback, MoveDeal may withhold the payout until the matter is resolved. If an amount is refunded to the customer, the commission lapses proportionately; commission already collected is refunded to that extent or set off against future payouts.

If the Partner agrees with the customer, by way of derogation, on payment outside the platform, the commission under this provision remains payable and will be invoiced to the Partner. § 12 remains unaffected.

Any change to the commission rate for future jobs is possible only in accordance with the procedure set out in § 14. Jobs already brokered remain unaffected.

§ 7 Cancellation and rescheduling

If the Partner cancels a job it has already accepted, or fails to keep an agreed appointment, it shall inform MoveDeal and the customer without delay via the platform, stating the reason.

In that case the Partner's claim to remuneration for the job in question lapses. The customer's claims against the Partner, in particular for reimbursement of the cost of engaging a replacement, are governed by the transport contract and by statute. MoveDeal may invoice the Partner for the additional costs demonstrably incurred by MoveDeal.

Rescheduling is possible only with the customer's agreement and must be documented via the platform.

If the customer cancels, the legal consequences are governed by the transport contract and by statute, in particular § 415 HGB. The commission lapses to the extent that the Partner receives no remuneration.

Frequent or short-notice cancellations by the Partner may lead to restriction or termination in accordance with § 9.

§ 8 Reviews, ranking and visibility

After a job has been completed, the customer may review the Partner. Reviews are published together with the Partner's name and are included in the Partner's average rating. Reviews can only be submitted by customers whose job was brokered and performed via the platform.

MoveDeal may hide or remove a review if it is unlawful, unrelated to the service provided, contains insults or third-party personal data, or has evidently been manipulated. The Partner may report a review via the partner account; MoveDeal will communicate the decision and the reasons for it.

The order in which Partners and their offers are displayed is determined principally by the following parameters, whose relative importance decreases in the order listed:

• the match between the offer and the customer's request, in particular date, scope of services and service area,
• the price offered,
• the average rating and the number of reviews,
• the verification status and the completeness of the profile,
• past reliability, in particular response time, cancellation rate and complaint rate.

MoveDeal does not offer preferential placement in return for payment. Should this be introduced in the future, such placement will be labelled as advertising and MoveDeal will give notice in accordance with the procedure set out in § 14.

§ 9 Restriction, suspension and termination

MoveDeal may restrict the Partner's use of the platform, in particular suspend the submission of offers or block the partner account, where there is an objective reason. Objective reasons include in particular:

• the expiry, withdrawal or cessation of an authorisation or insurance cover required under § 3,
• inaccurate or incomplete information provided at registration or in the profile,
• repeated cancellations, missed appointments or significant delays,
• repeated or serious well-founded customer complaints,
• a breach of § 4, § 11 or § 12,
• reasonable suspicion of fraud, money laundering or another criminal offence,
• an order by an authority or a court.

MoveDeal will notify the Partner of the reasons for a restriction or suspension in text form no later than when it takes effect, stating the relevant facts and circumstances. The Partner may comment on it; the complaint procedure under § 13 is available. If the measure proves to be unfounded, MoveDeal will lift it without delay.

The framework agreement is concluded for an indefinite period. The Partner may terminate it at any time in text form without giving reasons. MoveDeal may terminate it in text form with 30 days' notice, stating the reasons.

The right to terminate for cause remains unaffected for both parties. For MoveDeal, cause exists in particular in the event of a serious breach of § 4, § 11 or § 12. In such a case, and where required by law or by an authority, MoveDeal may terminate without observing the notice period; the reasons will be communicated.

Transport contracts already concluded must still be performed by the Partner after termination of the framework agreement; for those jobs these Partner Terms continue to apply until full settlement, including the provisions on commission and payout.

§ 10 Liability and indemnity

The Partner is liable to the customer for the services it performs under the transport contract and the applicable statutory provisions, in particular §§ 451 et seq. HGB. MoveDeal is not liable in that respect.

The Partner shall indemnify MoveDeal against third-party claims arising from a breach of its obligations under these Partner Terms or under a brokered transport contract for which the Partner is responsible, including reasonable costs of legal defence. The indemnity is conditional upon MoveDeal informing the Partner of the claim without delay and giving it an opportunity to comment.

MoveDeal is liable without limitation in cases of intent and gross negligence and for damage arising from injury to life, body or health. In cases of ordinary negligence MoveDeal is liable only for breach of a material contractual obligation and only up to the foreseeable damage typical of this type of contract. Any further liability is excluded.

MoveDeal does not warrant uninterrupted availability of the platform. Maintenance work and faults for which MoveDeal is not responsible do not give rise to any claims. MoveDeal is not liable for the accuracy of information posted by customers, in particular information about the goods to be moved or about local conditions.

The limitation of the Partner's claims against MoveDeal is governed by the statutory provisions.

§ 11 Confidentiality and data protection

The parties shall treat as confidential any information of the other party that is not publicly known, in particular trade secrets and customer data. This obligation continues after termination of the framework agreement.

MoveDeal transmits to the Partner the personal data of the customer required for preparing an offer and performing the job. The Partner is an independent controller for the processing of that data within the meaning of Art. 4(7) GDPR; this is not processing on behalf of MoveDeal.

The Partner may use the customer data exclusively for initiating and performing the respective job. Use for its own advertising or disclosure to third parties is not permitted without the customer's consent. Once the purpose no longer applies, the Partner shall delete the data unless statutory retention obligations require otherwise.

The Partner shall take appropriate technical and organisational measures to protect the data and shall inform MoveDeal without delay of any personal data breach affecting brokered jobs.

How MoveDeal processes personal data is described in the Privacy Policy.

§ 12 Prohibition of circumvention

The Partner must not induce customers obtained via the platform to conclude or settle the job outside the platform in order to avoid the commission. In particular, it is prohibited to submit an offer to the customer outside the platform before conclusion of the contract, or to agree on payment outside the platform.

This does not cover direct communication with the customer that is necessary for performing the job, nor jobs from customers whom the Partner demonstrably acquired independently of the platform.

In the event of a breach, the commission under § 6 remains payable. MoveDeal may additionally claim damages under the applicable statutory provisions and may sanction the breach in accordance with § 9.

§ 13 Complaint handling and dispute resolution

The Partner may submit complaints concerning the use of the platform, in particular concerning technical faults, measures under § 9, and statements and payouts, in text form to contact@movedeal.app or via the partner account.

MoveDeal confirms receipt without delay, examines the complaint and communicates the outcome in text form, stating the reasons. MoveDeal handles complaints promptly, individually and within a period appropriate to the matter.

If the complaint does not lead to an agreement, the parties may attempt to settle the dispute out of court through mediation. A willingness to mediate does not constitute a waiver of the right to bring legal proceedings.

Recourse to the courts also remains available at all times.

§ 14 Changes to these Partner Terms

MoveDeal may amend these Partner Terms where this is necessary to reflect a change in the law, a change in case law, a further development of the platform or changed economic circumstances, and where doing so does not unreasonably disadvantage the Partner.

MoveDeal will communicate the amended terms in text form at least 15 days before they take effect and will draw attention to the changes. If a change requires technical or operational adjustments on the Partner's side, MoveDeal will extend the period accordingly.

The Partner may terminate the framework agreement without notice up until the change takes effect. If the Partner continues to use the platform after the change takes effect, the amended terms are deemed accepted. MoveDeal will draw specific attention to this consequence in the notice.

Changes that MoveDeal is required to make immediately by law or by an authority, and changes to counter an unforeseen risk to the platform, its users or third parties, may take effect without observing the notice period.

For a job that has already been brokered, the version of these Partner Terms in force when the transport contract was concluded applies. The version accepted in each case is documented with its date in the partner account.

§ 15 Final provisions

German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction for disputes arising from or in connection with this framework agreement is Munich, provided the Partner is a merchant, a legal person under public law or a special fund under public law. MoveDeal remains entitled to bring proceedings at the Partner's general place of jurisdiction.

Declarations and notices under these Partner Terms require text form. Transmission by email to the address stored in the partner account, or via the partner account, is sufficient.

Transfer of the framework agreement or assignment of claims arising from it requires the other party's consent. The Partner may set off counterclaims only if they are undisputed, have been established by a final court decision, or arise from the same contractual relationship.

Should any provision of these Partner Terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory rules apply in place of the invalid provision.

The German version of these Partner Terms is authoritative. Translations are provided for information purposes.

MoveDeal UG (haftungsbeschränkt), Breslauerstr. 3, 80809 Munich, Germany. Managing director: not yet available. Contact: contact@movedeal.app. Further details are set out in the Legal Notice (Impressum).