Terms and Conditions

1. Scope

These Terms and Conditions ("Terms") apply to all contracts between bigKänguru UG (haftungsbeschränkt), Pilotystraße 46, 90408 Nürnberg, Germany (hereinafter "bigKänguru") and its customers for moving, transport, decluttering, storage, assembly and cleaning services. Terms and conditions of the customer that deviate from these Terms are not recognized unless bigKänguru expressly agrees to their validity in writing. These Terms are governed by German law (see Section 14). This English version is provided as a courtesy translation; in the event of any discrepancy between the German and English versions, the German version shall prevail.

2. Conclusion of Contract

Offers made by bigKänguru are non-binding. A contract is only formed once bigKänguru issues a written or text-form (e.g. email) order confirmation. Verbal side agreements are only valid once confirmed in text form.

3. Scope of Services

The scope of the service owed is determined by the individual order confirmation. Additional services (e.g. packing/unpacking, furniture and kitchen assembly, cleaning, storage) that were not expressly agreed are commissioned and charged separately.

The following are, in particular, not part of the agreed services, unless expressly agreed otherwise:

• Disassembly and assembly of furniture and fixtures — only to the extent expressly agreed.
• Connection work on water, electricity or gas lines (e.g. washing machine, stove, lamps) is not carried out.
• Transport of hazardous substances (e.g. gas cylinders, chemicals, flammable or toxic substances) is excluded.
• Plants, live animals, weapons, cash, jewelry, securities and other particularly valuable items are not transported.

4. Prices and Payment

The prices agreed at the time of the order confirmation apply. Prices stated on the website (e.g. "from €249") are indicative values for a standard move and do not constitute a binding offer; the actual price depends on the scope, effort and particularities of the respective order and is confirmed individually.

Unless otherwise agreed, the invoice is due for payment immediately upon receipt, and at the latest within 7 days of receipt, without deduction. If the customer defaults on payment, bigKänguru is entitled to charge default interest at the statutory rate pursuant to Section 288 of the German Civil Code (Bürgerliches Gesetzbuch, "BGB").

The following circumstances may result in additional costs on top of the originally agreed price:

• Additional costs due to waiting times for which bigKänguru is not responsible (e.g. delayed access, preparations at the site not completed).
• Additional costs if no no-parking zone (Halteverbotszone) was set up, resulting in a longer transport route or additional effort.
• Additional costs for extra floors without a usable elevator, beyond the number assumed in the quote, unless these were known or agreed at the time the quote was prepared.
• Surcharges for other significant additional effort compared to the originally agreed scope of services.

5. Customer's Duties to Cooperate

The customer ensures that access routes (e.g. no-parking zones, elevators) are usable on the agreed date, and points out particularly valuable, fragile or permit-requiring items in good time. In particular, the customer is responsible for the following:

• Boxes and other belongings must be packed securely for transport.
• Cabinets and other furniture must be emptied before work begins.
• Refrigerators and freezers must be defrosted and dried out.
• Washing machines must be drained and secured for transport (e.g. drum locked).
• Valuables (e.g. cash, jewelry, important documents) must be transported separately by the customer.
• Pets must be secured or otherwise accommodated by the customer during the move.
• Sufficient parking must be available for the moving vehicles at the loading and unloading locations.

If insufficient cooperation results in additional effort or delays, bigKänguru may invoice these separately.

6. Liability

bigKänguru is liable for damage to the moving goods occurring during the move in accordance with statutory provisions. To the extent the contract is subject to the provisions on the carriage of removal goods (Sections 451 et seq. of the German Commercial Code, "HGB"), liability is governed by these statutory provisions, which provide in particular for liability caps and special liability rules.

bigKänguru is liable without limitation, in accordance with statutory provisions, for damage resulting from injury to life, body or health, as well as for damage caused by intent or gross negligence on the part of bigKänguru.

For slightly negligent breaches of material contractual obligations (cardinal obligations) — obligations whose fulfillment makes proper performance of the move possible in the first place and on whose observance the customer may regularly rely — bigKänguru's liability is limited in amount to the damage typical for the contract and foreseeable at the time the contract was concluded. Otherwise, liability for damage caused by slight negligence is excluded to the extent permitted by law.

In addition, the following applies to specific types of damage:

• Unavoidable damage: bigKänguru is not liable for damage that was unavoidable even with the exercise of the care required in the circumstances.
• Pre-existing damage: bigKänguru is not liable for damage or defects to the moving goods that already existed before they were taken over by bigKänguru. Recognizable pre-existing damage is documented together with the customer before transport begins, where possible.
• Self-packed items and improperly packed boxes: If the customer has packed items themselves, bigKänguru is not liable for damage attributable to inadequate or non-transport-safe packaging, unless the packaging defect was recognizable to bigKänguru upon takeover and was not objected to.
• Plants and particularly sensitive items: bigKänguru is only liable for damage to plants and other particularly sensitive or weather-sensitive items if these were expressly identified as such before transport began and their transport was separately agreed with bigKänguru.
• Particularly sensitive electronic devices: For particularly sensitive electronic devices, bigKänguru's liability is governed by the statutory liability standards set out earlier in this Section. If a device's particular sensitivity, beyond what is usual, was not apparent to bigKänguru, bigKänguru has not breached its duties in that respect.

7. Complaints

Obvious damage to the moving goods should, where possible, be reported to bigKänguru immediately after completion of the move, so that the cause and extent can be clarified promptly. This request for prompt notice does not constitute a cut-off period; the customer's statutory warranty and damage claims remain unaffected and are governed by the statutory limitation periods.

To the extent the contract is subject to the provisions on the carriage of removal goods (Sections 451 et seq. HGB), the statutory notice periods for damage under Section 451f HGB apply in addition: damage that is externally apparent must be reported at the latest upon delivery, and damage that is not externally apparent must be reported within three calendar days of delivery; otherwise, it is presumed that the moving goods were delivered complete and undamaged. This notice is provided solely to inform of the legal position that applies in any event by operation of law and does not create any additional cut-off period beyond the statutory time limits.

8. Insurance

The scope of bigKänguru's liability is governed by the statutory provisions set out in Section 6. At the customer's request, additional transport insurance can be taken out, providing coverage beyond the statutory scope of liability; the scope and cost of any such additional insurance are agreed separately on a case-by-case basis.

9. Rescheduling and Cancellation

Rescheduling and cancellations must be sent in text form to info@bigkaenguru.de.

If the customer cancels a confirmed appointment, the following flat-rate cancellation fees apply, graduated according to the time between receipt of the cancellation and the agreed moving date, each based on the agreed total price:

• Up to 14 days before the agreed date: free of charge.
• From 7 days before the agreed date: 20% of the agreed price.
• From 3 days before the agreed date: 40% of the agreed price.
• Cancellation on the day of the move itself: 60% of the agreed price.

These flat rates reflect the planning and staffing costs typically incurred in the ordinary course of events. The customer expressly retains the right to prove that bigKänguru incurred no damage, or significantly less damage, than the respective flat rate; in that case, only the actually proven, lower damage is to be compensated. Likewise, bigKänguru retains the right to prove and claim a higher actual damage in an individual case. Deviating arrangements may be made in the individual order confirmation.

10. Force Majeure

If bigKänguru is prevented from providing the agreed service fully or on time by circumstances beyond its control that could not be averted even with reasonable effort (force majeure) — such as storms, flooding, road closures or official measures —, bigKänguru is entitled to postpone the agreed date for the duration of the hindrance. Further claims by the customer arising from a resulting delay do not exist, provided bigKänguru is not responsible for the hindrance. If the hindrance lasts for an unreasonably long time, both parties are entitled to withdraw from the part of the contract not yet performed.

11. Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal for contracts concluded away from business premises and distance contracts. Details are communicated to the consumer separately in the individual order confirmation and/or the withdrawal instructions.

If the consumer expressly requests that bigKänguru begin performing the move before the withdrawal period has expired, this can affect the right of withdrawal: if bigKänguru has fully performed the service by the time of any withdrawal, the right of withdrawal expires pursuant to Section 356 (4) BGB, provided the consumer has previously expressly consented to this and confirmed their awareness that they will lose their right of withdrawal as a result. If the consumer withdraws after the service has only been partially performed, they must pay bigKänguru compensation in value pursuant to Section 357 (8) BGB for the part of the service already performed up to the time the withdrawal is received, in proportion to the total scope of the agreed services. The required express consent, confirmation of awareness, and the details of the compensation-in-value arrangement are communicated to the consumer in the separate withdrawal instructions.

12. Set-Off

The customer is only entitled to set off against bigKänguru's claims if the customer's counterclaims have been legally established or are ready for a decision, are undisputed, or have been expressly acknowledged by bigKänguru. The customer may only exercise a right of retention to the extent that their counterclaim arises from the same contractual relationship.

13. Data Protection

For information on the processing of personal data in connection with the initiation and performance of the contract, please see our Privacy Policy.

14. Final Provisions

German law applies. If the customer is a merchant, a legal entity under public law, or a special fund under public law, Nürnberg is the place of jurisdiction for all disputes arising from or in connection with the contractual relationship. If a provision of these Terms is invalid or unenforceable, the contract remains valid in all other respects pursuant to Section 306 (1) BGB; Section 306 (2) BGB provides that the statutory provisions take the place of the invalid provision.