Terms and conditions

§ 1 Provider and scope

quickz Freight (freight.quickz.eu) is provided by quickz GmbH, Wampachstraße 10, 54295 Trier, Germany, email [email protected] ("quickz").

These terms apply to everyone who uses quickz Freight: visitors, shippers who publish transport requests and transport companies that submit quotes. Users' own terms only apply if quickz expressly agrees to them.

These terms do not apply to the transport contracts between shipper and transport company. The two parties agree on the terms of those contracts themselves.

§ 2 Role of quickz Freight

quickz Freight is a platform on which shippers publish transport requests and activated transport companies can submit quotes for them.

quickz is neither a carrier nor a freight forwarder, warehouse keeper or agent of either party and does not become a party to the transport contract. quickz does not provide transport services, take goods into its custody, organise transports or process payments for transports. quickz does not provide any insurance cover for goods.

quickz does not owe any brokerage success, i.e. neither a minimum number of requests or quotes nor the conclusion of a transport contract.

quickz does not check users' information or the permits, licences or insurance of transport companies (see § 6).

§ 3 quickz account

A quickz account is required for requests and quotes. It is a shared account for the quickz services: the same account works in the quickz app, on bus.quickz.eu and on freight.quickz.eu. If you already have a quickz account, you sign in with the same email address.

Sign-in uses a code that quickz sends to the registered email address. Users protect access to their mailbox and do not pass codes on. They are responsible for actions taken under their account to the extent they are at fault.

Users must be at least 18 years old and provide true and complete information, in particular their name, email address and mobile number. If this information changes, they update it.

On quickz Freight an account has one role: shipper or transport company. Anyone acting for a company confirms that they are authorised to do so.

There is no right to an account. quickz may refuse a registration for objective reasons, for example false information or suspected abuse.

§ 4 Transport requests

Publishing transport requests is free of charge.

A request is an invitation to transport companies to submit quotes. It does not oblige the shipper to accept any quote.

Without signing in, a request is only published once the shipper clicks the confirmation link in the email. If no quickz account exists yet, one is created at that point.

The cargo details, postcode and town of the pickup and delivery locations, dates, vehicle requirements and budget are public. Only the transport company whose quote is accepted receives the streets and contact details. Details are set out in the privacy policy.

Free text must not contain contact details. quickz reviews requests with recognisable contact details before publication.

A request ends on the day after the pickup date. The shipper can close or cancel it earlier.

§ 5 Quotes and transport contract

Only activated transport companies submit quotes (§ 8). A quote states a net price plus VAT, the resulting gross price and the other conditions. A quote is valid until the date stated in it, at the latest until the request ends. Until it is accepted, the transport company can change or withdraw it.

When the shipper accepts a quote on the platform, each side receives the other's contact details. The other quotes for the request are declined.

Whether a transport contract is concluded, and on what terms, depends solely on the declarations of the shipper and the transport company. The contract is governed by statutory law, in particular Sections 407 et seq. of the German Commercial Code (HGB) and, for international road haulage, the Convention on the Contract for the International Carriage of Goods by Road (CMR). The parties agree on the consignment note, insurance, payment terms and all other details directly with each other.

Claims under the transport contract, for example for loss, damage or delay, exist only between the shipper and the transport company.

§ 6 Obligations of transport companies

Transport companies must be traders within the meaning of Section 14 of the German Civil Code (BGB) and use quickz Freight in the course of their trade, business or profession.

They warrant that they are legally and actually entitled to provide all services they offer, and that this remains the case throughout their use of the platform. This includes in particular:

• the permit under Section 3 of the German Road Haulage Act (GüKG) or the Community licence where the transport requires one, including the obligations for light commercial vehicles in international transport under the EU Mobility Package
• goods-in-transit liability insurance under Section 7a GüKG where required
• the rules for dangerous goods (ADR) and for special goods such as medical and laboratory samples, food, waste or temperature-controlled goods
• the rules on cabotage, posting of workers and minimum wage, driving and rest times and driver qualification
• tax, social security and trade law obligations

quickz does not check these requirements. However, quickz may request proof at any time and restrict access until it is provided, or suspend the account if there are doubts.

Quotes must be serious, realistically calculated and complete. Prices are net plus the VAT stated in the quote by the transport company.

Contact details that the transport company receives via quickz Freight may only be used to handle the request in question, not for advertising and not for disclosure to third parties.

The transport company indemnifies quickz against third-party claims based on a breach of these obligations for which it is responsible, including reasonable costs of legal defence.

§ 7 Obligations of shippers

Shippers describe the cargo truthfully and as precisely as possible, in particular its type, weight, dimensions, packaging, value and special requirements.

Dangerous goods and temperature-sensitive, particularly valuable or otherwise special goods must be declared as such. Requests must not be made for goods whose transport is prohibited.

Shippers are entitled to dispose of the goods and ensure packaging suitable for transport unless agreed otherwise.

Contact details that shippers receive via quickz Freight may only be used for the request in question.

§ 8 Activation for transport companies

Viewing requests is free of charge. To submit quotes, the transport company activates its access once.

Activation costs a one-time fee of €14.90 net plus 19% VAT, i.e. €17.73 gross. There is no subscription, no minimum term, no automatic renewal and no commission on jobs.

Payment is made via Stripe Checkout. Access is activated as soon as Stripe confirms the payment. The company receives the invoice by email.

Activation remains valid as long as the account exists and has not been suspended for a breach under § 11. If the company deletes its account or is suspended for good cause, the fee is not refunded. Statutory claims remain unaffected. If quickz discontinues the platform, § 15(3) applies.

If quickz changes the amount, the new amount only applies to later activations.

§ 9 Content and rights of use

Users are responsible for the content they post. They warrant that their content does not infringe third-party rights or violate the law or these terms.

Users grant quickz a simple, royalty-free right to store, display, review and technically process their content for operating the platform. This right ends when the content or account is deleted, unless quickz has to retain the content for legal reasons.

§ 10 Prohibited use

In particular, the following is prohibited:

• false or third-party identities, company or contact details
• requests or quotes that are not meant seriously, and requests for prohibited goods
• contact details in free text to circumvent contact protection
• unlawful, misleading, discriminatory or offensive content
• spam, automated mass requests and automated scraping of the platform
• circumventing activation, access restrictions or security measures
• using contact details received for any purpose other than the request in question

§ 11 Notices, moderation and suspension

Any user or other person can report unlawful content or breaches of these terms to [email protected]. The notice should identify the content precisely and explain why it is not permitted. quickz handles notices promptly, diligently and objectively and informs the person who reported it of the outcome.

Software flags requests with recognisable contact details in the free text. A person then decides whether they are published.

In the event of breaches of the law or these terms, incorrect information, missing proof under § 6 or a justified suspicion of abuse, quickz may reject or remove content or restrict its visibility, suspend activation and suspend accounts temporarily or permanently. quickz takes into account the circumstances of the individual case and the legitimate interests of those affected.

quickz gives those affected the reasons for such measures at the latest when they take effect, unless a legal obligation or an order of an authority prevents this. Those affected can lodge a complaint against a decision within six months at [email protected]. quickz will then review the decision again. Recourse to the courts remains open.

§ 12 Ranking and information for consumers

The list of requests is sorted as the user chooses, by default by the earliest pickup date. Users can also sort by publication date and by weight and filter by town or postcode, cargo type, vehicle and body, countries and period.

quickz shows the shipper the quotes for a request by gross price, cheapest first.

There is no paid placement. Activation does not affect the order.

All transport companies on quickz Freight are traders (§ 6(1)). If a consumer concludes a transport contract with them, consumer protection law applies in the relationship with the transport company. quickz is not a party to the transport contract and is not responsible for its performance.

§ 13 Availability and further development

quickz aims for the platform to be available with as few interruptions as possible. Maintenance, security measures, faults or circumstances beyond quickz's control may restrict use. There is no right to constant availability.

quickz may develop the platform further and change features provided the essential services for users are maintained and the change is reasonable for them.

§ 14 Liability

quickz is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent quickz has given a guarantee.

In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract. Essential obligations are those whose fulfilment makes proper use of the platform possible in the first place and on whose fulfilment users may regularly rely.

Otherwise, liability for slight negligence is excluded.

In particular, quickz is not liable for the performance of transports, for loss of, damage to or delay of goods, for the conclusion or performance of contracts between users, for the accuracy of other users' information or for transport companies' permits, licences and insurance. Liability under paragraphs 1 and 2 remains unaffected.

§ 15 Term, termination and account deletion

The user agreement runs for an indefinite period. Users can end it at any time by deleting their account under "Account". If an agreed transport is still upcoming, this is only possible after that date.

Because the quickz account is valid for all quickz services, deleting it deletes it in all services, including the quickz app and bus.quickz.eu.

quickz may terminate the user agreement with 30 days' notice. The right to terminate without notice for good cause remains unaffected, in particular in the event of serious or repeated breaches of these terms or where quickz is legally obliged to do so. quickz gives transport companies the reasons for termination.

§ 16 Changes to these terms

quickz may change these terms for objective reasons, for example new features or changes in the law or case law. quickz will notify users of changes by email at least 15 days before they take effect.

Transport companies can terminate the agreement until the changes take effect. If they continue to use the platform afterwards, the changes are deemed accepted; quickz points this out in the notification.

quickz asks consumers to agree to the changes. If they do not agree, the previous terms continue to apply to them; quickz may then terminate the agreement under § 15(3).

§ 17 Consumer dispute resolution

quickz is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

§ 18 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence.

If users are merchants, legal entities under public law or special funds under public law, Trier is the exclusive place of jurisdiction for all disputes arising from the use of quickz Freight.

The contract language is German. Translations are for information only; the German version is authoritative.

If any provision of these terms is invalid, the remaining provisions remain valid. The invalid provision is replaced by the statutory rule.