General Terms and Conditions

1.1 The following general terms and conditions (hereinafter referred to as “Conditions”) apply to all contracts for the provision of transport, transportation and delivery services (hereinafter referred to as “Services”) relating to packages (hereinafter also “Shipments). “) within the borders of the Federal Republic of Germany between Berlin Last Mile GmbH (hereinafter referred to as “BLM”, “we” or “us”) and clients, who are entrepreneurs (§ 14 BGB), a legal entity under public law or a are special funds under public law (hereinafter referred to as “client”). These conditions do not apply to contracts with consumers (§ 13 BGB). BLM does not offer the aforementioned services to consumers.
1.2 In addition to these conditions, BLM’s price lists apply in the version valid at the time the contract is concluded, which the client can view at any time at www.berlinlastmile.de/AGB. Otherwise, the provisions of Sections 407 ff. of the German Commercial Code (HGB) regarding the freight contract apply to the contractual relationship between BLM and the client.
1.3 We do not recognize conflicting or deviating terms and conditions of the client unless we have expressly agreed to their validity in writing. Any terms and conditions of the client are hereby contradicted even in the event that they are sent to us in a confirmation letter or in another way or we provide services to the client without reservation or we accept services from the client without reservation without contradicting the client’s conditions again.
1.4 Our offers are subject to change. Agreements, in particular verbal side agreements, promises, guarantees and other assurances from our employees only become binding with our written confirmation. The written form is also maintained by transmission by fax or email. The actual provision of commissioned services, our other behavior or silence do not give rise to the client’s trust in the conclusion of the contract.
1.5 Before the contract is concluded, but in any case in good time before the service is provided, the client must provide us with the necessary information in text form about all essential factors influencing the execution of the contract. This applies in particular if unusual or particularly risky circumstances are to be expected in connection with the provision of the ordered service (e.g. difficult access to the delivery location). He must also inform us in writing of any atypical possibilities or amounts of damage associated with the contract, especially if the shipment to be transported has a particular value.
1.6 Only the parcel notes, labels, etc. specified by BLM must be used to mark packages, even if shipping is ordered via the online portal.
1.7 We may also use third parties to carry out our tasks. However, we remain responsible for the proper fulfillment of the contractual obligations towards the client.

2. Conclusion of the contract; Transportable shipments

2.1 A contract with BLM is concluded when the client, after receiving BLM’s offer, hands over the shipment to be transported to BLM or by taking it into the care of BLM or a third party commissioned by BLM.
2.2 The client may only post shipments that can be transported. All shipments that comply with these conditions in terms of size, format, weight, quality and content as well as the categorization of the shipments in accordance with the applicable price list are eligible for transport.
2.3 The maximum dimensions and weights for packages are determined according to the respective price list valid at the time the contract is concluded.
2.4 The following are not eligible for transport:
• Shipments whose content, external design, transport or storage violate a legal or official ban or require special facilities (e.g. for goods at high temperatures), safety precautions or permits,
• Shipments whose contents or external properties could injure people, infect people or cause property damage,
• Consignments containing live animals, animal carcasses or parts thereof, body parts or human remains,
• Shipments whose transport or storage is subject to dangerous goods regulations; The same applies to medical or biological examination material; § 410 HGB remains unaffected,
• Shipments that contain money or other means of payment, precious metals, jewelry, watches, precious stones, works of art, unique items, antiques or other valuables or securities for which no blocking or tendering and replacement procedures can be carried out in the event of damage.
• Vouchers and tickets with a value of more than €520.00 per package,
• Furs, carpets, watches, other jewelry and leather goods with a value of more than €520.00 per item,
• other goods, provided they have a value higher than €13,000.00,
• Firearms according to the German weapons law.
2.5 BLM is entitled to refuse carriage or further carriage if BLM becomes aware of an exclusion from transport after taking over the shipment or if BLM has reasonable grounds to believe that the shipment is exempt from carriage in accordance with Section 1.2 .4 is excluded.
2.6 If a shipment that cannot be transported is nevertheless posted, BLM is free to choose:
• refuse to accept the shipment,
• to return a shipment that has already been handed over/accepted,
• to keep a shipment that has already been handed over/accepted ready for collection.
2.7 The client is liable to BLM for all direct or indirect damages that arise from the culpable abandonment of the transport of shipments that are subject to a transport exclusion. The client’s obligation to pay compensation also includes expenses incurred by BLM for the shipment and which BLM was entitled to consider necessary under the circumstances. This includes, in particular, costs of storage or transport back to the client.
2.8 BLM is not obligated to review transportation exclusions. However, within the framework of the legal regulations, in particular the Postal Act, BLM is entitled to open and inspect the shipment if there is reasonable doubt about its transportability. BLM is not obliged to provide transport even if the client points out the obstacle to transport through labeling.

3. subject matter of the contract; Scope of services

3.1 The subject of the contract is the transport and delivery of the client’s shipments from one or more loading locations to the destinations specified by the client. The parcel label issued by BML represents the consignment note within the meaning of the German Commercial Code (HGB).
3.2 The contractual scope of services includes in particular:
• the arranging of transport by carriers, the acceptance, handling and delivery of parcels, if the recipient does not arrive, up to two further delivery attempts,
• delivery with a discharging effect to every person found at the delivery address, in particular to relatives of the recipient and other people who are in the recipient’s premises. Substitute delivery to people who do not belong to the recipient’s household, such as residents or neighbors, is only permitted if, based on the circumstances, it can be assumed that they are entitled to accept the shipment and BLM immediately notifies the recipient in an appropriate manner of the substitute delivery informed, and no prohibition on replacement delivery in text form has been expressed to BLM by the client or recipient.
• the return of undeliverable or refused acceptance packages to the client.
If delivery or return is not possible due to address deficiencies, missing sender information or other reasons, BLM may open the package to determine the originator or recipient. If the check is unsuccessful, the content may be used after a reasonable period of time in accordance with legal regulations or, if necessary, destroyed.
3.3 Courier services and scheduled deliveries are provided upon request. The individual prices and conditions agreed with the client apply.
3.4 The delivery area served by BLM is the urban area of ​​Berlin (the current list of postal numbers is available from BLM at any time upon request) and, in the case of parcel services via a cooperation network, the area of ​​the Federal Republic of Germany.
3.5 BLM only owes the client the provision of those services that are explicitly stated in its written offer or in its written order confirmation, if one is issued, and in these conditions, including the price list valid at the time the contract is concluded are described.

4. Rechte und Obliegenheiten des Auftraggebers

4.1  Dem Auftraggeber obliegen die ausreichende Innen- und Außenverpackung sowie Kennzeichnung der Sendung. Der Inhalt ist so zu verpacken, dass die Sendung und der Inhalt vor vermeidbarem Verlust und Beschädigung geschützt sind und kein Schaden an den eingesetzten Beförderungsmitteln entsteht. Die Beförderung durch BLM und seine Erfüllungsgehilfen erfordert eine Verpackung, die die Sendung auch vor Beanspruchungen durch automatische Sortieranlagen und mechanischen Umschlag ausreichend schützt. Die Sendung muss einen Fall diagonal aus 80 cm Mindestfallhöhe schadensfrei überstehen. Es darf kein Zugriff auf den Inhalt ohne Hinterlassen von Spuren möglich sein. Der Auftraggeber hat außerdem die bei der gesamten Beförderung zu erwartenden klimatischen Bedingungen zu berücksichtigen. Ein Verstoß gegen diese Pflichten geht zu Lasten des Versenders. Die §§ 410 und 411 HGB bleiben unberührt.
4.2  Dem Auftraggeber obliegt die ordnungsgemäße Adressierung und Anbringung der Adresse / Beförderungspapiere. Der Auftraggeber hat keinen Anspruch auf Beachtung von Weisungen, die er BLM nach Übergabe der Sendung erteilt. Die §§ 418 und 419 HGB sind ausgeschlossen.

5. Versicherung

5.1  Für jede Sendung besteht eine Versicherung. Die Versicherungsleistung ist auf höchstens 520,00 € je Sendung begrenzt. Der Wert der Sendung ist im Schadensfall durch den Auftraggeber nachzuweisen.
5.2  Ein höherer Versicherungsschutz kann auf Anfrage bis zu einem Betrag von 13.000,00 € pro Paket in Staffelungen zu je vollen 500,00 € Versicherungssumme gegen eine vom Auftraggeber zusätzlich zu entrichtende Prämie vereinbart werden. Ein Mehrentgelt gegen Erhöhung des Versicherungsschutzes kann aus technischen Gründen nicht in den Paketannahmestellen, sondern nur mit BLM direkt vereinbart werden.
5.3  Die Höherversicherung kann nach Maßgabe des Auftraggebers für das gesamte Paketvolumen, für ein Teilvolumen oder für einzelne Pakete nur bei Vertragsschluss, jedoch nicht nach Übernahme der Sendung vereinbart werden.

6. remuneration; payment terms; Lien

6.1 The client is obliged to pay for each service provided by BLM the fee specified in BLM’s price list, which is valid at the time the contract is concluded, for the service ordered. The fee increases by the applicable statutory sales tax.
6.2 BLM will bill the fee owed by the client on a monthly basis using a collective invoice. The fee is determined by BLM using a franking, weighing and counting system. Each collective invoice is due for payment within two weeks of receipt. Unless otherwise agreed in writing, the client will be in default no later than 10 days after the due date, without the need for a reminder. If the payment deadline is exceeded, at the latest from the time of default, BLM is entitled to charge interest at a rate of 9 percentage points above the base interest rate. BLM reserves the right to assert further damages due to delay.
6.3 Objections to the payroll statement must be made in writing to BLM within 5 working days of receipt; The payroll statement is then deemed to have been approved by the client. A pay statement is deemed to have been received two working days after the invoice date unless the client provides evidence of later receipt. To ensure that objections to the payroll statement are timely, it is sufficient to send them on time.
6.4 Deviating from the aforementioned regulations, the client can also pay the fee owed in advance, but then at the latest when the shipment is delivered.
6.5 BLM is entitled to a lien on the shipment handed over to BLM for transport for all claims arising from the contract concluded with the client in accordance with the more detailed provisions of Section 440 of the German Commercial Code (HGB).

7. delivery times and dates; Exceeding the delivery deadline; Investigation; Damage report

7.1 Delivery times and dates are only approximate unless we have expressly stated that they are binding in writing. Binding delivery periods begin once we have received all the information and documents required to carry out the order.
7.2 If the client fulfills his primary, cooperative or secondary obligations, such as payment of the fee owed, making the shipment available for transport or providing documents and information, etc. is not met on time, we are entitled to appropriately extend agreed delivery times and dates in accordance with the needs of our operations.
7.3 We are not liable for the impossibility or delay in providing services if this is due to force majeure or other events that were not foreseeable when the contract was concluded (e.g. operational disruptions of all kinds, mobilization, war, riots, strikes, traffic accidents, natural disasters, sabotage , pandemic, epidemic, quarantine, sovereign or official interventions and measures, as well as other comparable events) for which we are not responsible. If such events make it significantly more difficult or impossible for us to provide the services we owe and the hindrance is not just temporary, we are entitled to withdraw from the contract. In the event of temporary obstacles, the agreed deadlines for the provision of the services are extended or the respective dates are postponed by the period of the hindrance plus an appropriate restart period. If the client cannot reasonably be expected to accept the service as a result of the delay, he can withdraw from the contract by immediately notifying us in writing.
7.4 If we exceed the bindingly agreed delivery deadline, the statutory provisions of the German Commercial Code (HGB) apply.
7.5 With regard to the inspection of the shipment upon or after delivery and the necessary notification of damage, the statutory provisions of the German Commercial Code (HGB) apply.

8. Limitation of Liability

8.1 BLM is liable without limitation for damages resulting from injury to life, body or health that are based on a negligent breach of duty by BLM or an intentional or negligent breach of duty by one of its legal representatives or vicarious agents. In accordance with the legal provisions of the German Commercial Code (HGB), BLM is only liable for the loss or damage of shipments or if the delivery deadline is exceeded in accordance with the detailed provisions of the following paragraphs.
8.2 BLM is liable for damage caused by loss or damage to the shipment in the period from acceptance for transport to delivery. However, in deviation from Section 431 of the German Commercial Code (HGB), the compensation is limited to an amount of 2 (two) special drawing rights for each kilogram of the gross weight of the shipment transported. If there is a consistent freight contract, this also applies to damage that occurs during interim storage due to transport.
8.3 Furthermore, BLM is liable for damages – regardless of the legal basis – only in the event of a culpable violation of essential contractual obligations and in the event of an intentional or grossly negligent violation of other contractual obligations existing to the client. Essential contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose fulfillment the client regularly trusts and may rely.
8.4 In the event of a simple negligent violation of essential contractual obligations, BLM’s liability is limited to compensation for foreseeable, typically immediate damage.
8.5 In the case of simply negligent violation of other, i.e. non-essential, obligations owed to the client, BLM’s liability is excluded.
8.6 §§ 430, 432 HGB remain unaffected.
8.7 The contract between BLM and the client has no protective effect for third parties; Section 421 of the German Commercial Code (HGB) is expressly excluded.
8.8 BLM’s liability for exceeding the delivery deadline is limited to three times the amount of the freight (three times the price).

9. Brief- und Postgeheimnis; Datenschutz

9.1  BLM verpflichtet sich im Rahmen der gesetzlichen Bestimmungen zur Wahrung des Brief- und Postgeheimnisses sowie zur Beachtung der jeweils gültigen datenschutzrechtlichen Bestimmungen. BLM wird ihren Mitarbeitern und Erfüllungsgehilfen entsprechende Verpflichtungen auferlegen.
9.2  BLM wird über bekannt gewordene, interne Angelegenheiten des Absenders Stillschweigen bewahren. Diese Verpflichtung gilt auch nach Vertragsbeendigung.
9.3  Von BLM eingesetzte Erfüllungsgehilfen werden zur Einhaltung der vorgenannten Regelungen verpflichtet.

10. right of withdrawal; Termination

10.1 Termination of the contract by the client, regardless of the legal reason, is excluded after the shipment has been taken into care in accordance with Section 1.2.1. This does not apply if the shipment can be handed back over to the client with reasonable effort, but under no circumstances if the shipment has been fed into the picking and delivery process. This also includes mixing with other programs in program collections. Otherwise, Section 415 of the German Commercial Code (HGB) applies.
10.2 If shipments are transported on the basis of a long-term contract with the client, this contract can be terminated at any time with 4 weeks’ notice to the end of the month, unless otherwise agreed in writing. The termination must be in text form.

11. Other regulations; Applicable Law; Place of jurisdiction

11.1 The client is not entitled to set off against our claims unless the counterclaim is undisputed or legally established. Furthermore, the client is not entitled to withhold payments or suspend other obligations affecting him, unless we have materially violated obligations due from the same contractual relationship despite a written warning and have not offered adequate security. § 215 BGB does not apply. In the event of defects in the service, the client’s counter-rights remain unaffected.
11.2 If our claim to payment appears to be at risk as a result of circumstances that have arisen after the conclusion of the contract, due to which, in our view, there is a risk of a significant deterioration in the client’s assets, we are entitled to make outstanding claims due immediately. In these cases, we may request advance payment for outstanding services. We are entitled to the usual type and scope of security for our claims, even if they are conditional or limited in time. The legal regulations regarding late payment remain unaffected
11.3 Place of performance and exclusive place of jurisdiction for legal disputes with merchants, legal entities, corporations and institutions under public law or special funds under public law is Berlin. At our discretion, we can also sue the client at his place of jurisdiction.
11.4 German law applies to all legal relationships between us and the client, excluding the conflict of laws.
11.5 There are no oral or written additional agreements.
11.6 Changes and additions to these conditions through individual contractual agreements within the meaning of §305b BGB do not require any form. Otherwise, changes or additions must be made in text form.
11.7 Should a provision of these terms and conditions be or become wholly or partially invalid, this will not affect the effectiveness of the remaining provisions of these terms and conditions. The parties now agree to replace the invalid provision with a legally permissible provision that comes closest to what is economically intended. This also applies in the event of an unintentional loophole.

General terms and conditions of Berlin Last Mile GmbH for the distribution of advertising papers and publications

1. scope; Offers; The client’s obligation to cooperate