General Terms and Conditions

This page is a translation. The German version is the legally binding one.

These Terms and Conditions are based in content on the towing conditions recommended by VBA e.V. They are intended for use when accepting orders and contain in particular provisions on remuneration, due dates, custody, lien and right of retention, and place of jurisdiction.

As a PDF: Full T&Cs, Short version, Supplementary sheet on insurance claims

§ 1 Scope

These General Terms and Conditions apply to all services of Abschleppdienst Altun GmbH, Zum Panrepel 3a, 28307 Bremen (hereinafter ‘Contractor’), in particular to recovering, towing, hauling, transporting, breakdown assistance, securing, and the custody of vehicles, vehicle parts, cargo and other items handed over, as well as to related ancillary services. They apply to businesses, legal entities under public law and consumers, insofar as mandatory statutory provisions do not provide otherwise.

§ 2 Conclusion of contract / incorporation of the Terms and Conditions

The contract is concluded by placing and accepting an order orally, by telephone, in writing or electronically. These Terms and Conditions become part of the contract pursuant to §§ 305 ff. BGB if the Client is made aware of them before or when the contract is concluded and is given the opportunity to take note of their content in a reasonable manner. By signing the order, the towing record or the digital order, the Client confirms that they have received, read and accepted the Terms and Conditions.

§ 3 Scope of services and performance

The nature and scope of the service depend on the order placed, the traffic situation, the technical possibilities at the site of the job and any instructions from police, authorities, persons entitled to the property, insurers or providers of breakdown cover (Schutzbrief). The Contractor is entitled to use auxiliary staff, subcontractors, cranes, recovery equipment or other suitable technical means insofar as this is necessary for proper performance.

§ 4 Remuneration / prices / additional costs

The prices agreed when the order is placed apply to the services; otherwise the current price list in each case applies, or the remuneration customary in the trade and locality pursuant to §§ 631, 632 BGB. The following in particular may be charged separately: surcharges for nights, Sundays and public holidays, waiting time, wasted journeys, special recoveries, crane and winch work, absorbent agents, environmental measures, additional staff, standing and storage costs, documentation effort, third-party costs and ancillary services ordered by the authorities.

§ 5 Due date / payment / default

Remuneration is due immediately after performance of the service and invoicing, unless otherwise agreed in writing (§ 271 BGB). The Contractor is entitled to demand advance payment, security or payment on handover. In the event of late payment, the statutory provisions apply, in particular §§ 286, 288 BGB. The Contractor may set off outstanding claims against further claims arising from ongoing business relationships, insofar as this is legally permissible.

§ 6 Custody / standing charges

If a vehicle, cargo or other items are kept in custody by the Contractor or at its instigation, custody and standing costs according to the price list in force at the time are incurred from the time of storage. Custody is provided with the care customary in business transactions. The Client remains obliged to collect the vehicle or items without delay upon request or once the purpose of custody has ceased. Further statutory claims, in particular for reimbursement of expenses, remain unaffected.

§ 7 Lien and right of retention

In respect of its due claims under the respective order, the Contractor has a statutory lien, provided the statutory requirements are met, in particular under § 647 BGB. Irrespective of this, the Contractor is entitled to refuse to release the vehicle, the vehicle keys, the cargo, documents and other items taken into possession until the due claims have been paid in full, in accordance with the statutory provisions, in particular § 273 BGB. Release therefore generally takes place only after full payment, insofar as no mandatory statutory or official requirements stand in the way.

§ 8 Liability

The Contractor is liable in accordance with the statutory provisions in cases of intent and gross negligence. In cases of simple negligence, the Contractor is liable only for breach of essential contractual obligations and limited to the foreseeable damage typical for this type of contract; this does not apply in cases of injury to life, limb or health or in other cases of mandatory statutory liability. For valuables in the vehicle not separately taken into custody, liability exists only to the extent required by mandatory law. The Client must notify existing damage, special risks and valuable cargo before the service begins.

§ 9 Place of jurisdiction / applicable law

German law applies. If the Client is a merchant, a legal entity under public law or a special fund under public law, the Contractor’s registered office is the place of jurisdiction, insofar as § 38 ZPO permits this. For consumers, the statutory places of jurisdiction apply.

§ 10 Final provisions

Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provision applies in place of the invalid provision. Individual written agreements take precedence over these Terms and Conditions.

Note: For consumer contracts concluded away from business premises or at a distance, additional statutory information requirements and, depending on the individual case, rights of withdrawal may have to be observed.