(1) These General Terms and Conditions (“Terms”) apply to all contracts, offers and services between Royal Legacy Marine Transport, owner Maximilian Christopher Garus (the “Carrier”), and its clients (the “Client”) relating to the transport of boats and yachts on road trailers and all associated additional services.
(2) These Terms apply exclusively. Conflicting, deviating or supplementary terms and conditions of the Client do not become part of the contract, even if the Carrier does not expressly object to them or performs services without reservation in knowledge of such terms.
(3) Definitions: “Boat” means the watercraft handed over for transport, including engine, permanently installed equipment and accessories supplied with it. “Complete transport” means transport of the boat on a boat trailer belonging to the Carrier. “Delivery” means transport of the boat on the Client’s trailer, towed by a tow vehicle of the Carrier. “Trip” means the entire carriage from the collection point to the destination. “Launching” means putting the boat into or taking it out of the water via a slipway.
(4) A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity acting in the exercise of its trade, business or profession when entering into a legal transaction (§ 14 BGB).
(1) Offers made by the Carrier are subject to change and non-binding unless expressly marked as binding. Binding offers are valid for 14 calendar days unless a different period is stated in the offer. The price calculator on the website provides a non-binding guide price and does not constitute an offer.
(2) The contract is concluded by (a) the Carrier’s order confirmation in text form, for example by email or WhatsApp, (b) the start of performance, or (c) electronic signature of the contract.
(3) Side agreements, in particular regarding dates, additional services, prices or waiting times, are only effective if confirmed in text form.
(4) By placing the order, the Client warrants that it is the owner of the boat — and, for a delivery, of the trailer — or is duly authorised to place the order. Upon request, corresponding evidence must be provided, such as proof of ownership, boat papers, the trailer’s registration certificate or a power of attorney.
(5) Where a specific date or period has been agreed for the trip, consumers have no right of withdrawal pursuant to § 312g (2) no. 9 BGB.
(1) The Carrier performs the transport as agreed individually, either as a complete transport or as a delivery. The specific scope of services results from the offer, the order confirmation and these Terms.
(2) Boats with a maximum length of 8.00 m and a maximum weight of 3,000 kg including engine, fuel and equipment are transported. Unless expressly agreed otherwise, boat and trailer together must comply with the road traffic limits applicable without a special permit (width 2.55 m, height above the road 4.00 m). For a complete transport, hull shape and keel must be suitable for the Carrier’s trailer; the Carrier checks suitability before the contract is concluded on the basis of the Client’s information.
(3) Transport takes place on an open trailer. The boat is exposed to weather, headwind and road dirt; enclosed or weather-protected transport is not part of the service. Whether an existing cover may remain on the boat during the journey is decided by the Carrier depending on its condition and fastening.
(4) Additional services — such as launching, coordination with harbours, yards or winter storage facilities, customs formalities or arranging transport insurance — are only provided if agreed in text form and priced separately.
(5) The Carrier may assign individual services to qualified subcontractors (e.g. relief drivers or partner companies). The Carrier remains the Client’s contractual partner and point of contact.
(6) Unless agreed otherwise, routing, time windows and breaks are at the Carrier’s reasonable discretion. Estimated arrival times are non-binding guidelines unless expressly agreed as a binding delivery date.
(1) All prices are in euros, net, plus statutory VAT, which is shown separately on the invoice.
(2) Unless a fixed price has been agreed in the offer, the freight price is calculated on the basis of the distance of the trip and the following rates per kilometre: delivery on the Client’s trailer €2.00 net per kilometre; complete transport on the Carrier’s trailer €2.75 net per kilometre.
(3) Additional services under § 3 (4) are charged as per the offer. Third-party slipway, crane, harbour and berthing fees are passed on at cost.
(4) Toll, ferry and tunnel costs, official permits, accommodation costs for trips of more than 700 km per day and waiting times caused by authorities at borders or customs offices are charged at cost plus a handling fee of 15%, unless expressly included in a fixed price.
(5) The following applies to entrepreneurs: if the fuel price rises by more than 15% between order confirmation and the start of the trip and the trip starts more than 21 calendar days after the order confirmation, the Carrier is entitled to charge a fuel surcharge corresponding to the percentage increase in costs.
(6) Invoices are payable without deduction within 7 calendar days of the invoice date. For orders exceeding €5,000 net, the Carrier may request a 50% deposit when the order is placed and the balance before the start of the trip.
(7) In the event of late payment, the Client owes default interest at the statutory rate (5 percentage points above the base rate for consumers, 9 percentage points for entrepreneurs). Entrepreneurs additionally owe the lump sum of €40 under § 288 (5) BGB. The right to claim further damage caused by default is reserved.
(8) As long as the Client is in default with payments due from previous orders, the Carrier may refuse further services or make them subject to advance payment.
(1) The Client shall provide the Carrier with complete and correct information no later than 72 hours before the start of the trip, in particular:
(2) If the Client provides incorrect, incomplete or late information, it bears the resulting additional costs and delays. The Carrier reserves the right to adjust the agreed price.
(3) The Client hands over the boat in a condition fit for transport. In particular, loose equipment is removed from deck or secured below deck; mast, bimini, sprayhood, antennas and folding superstructures are lowered or removed; hatches and windows are closed; fuel, water and holding tanks are emptied as far as possible; gas cylinders are closed and secured or removed; outboard or drive is tilted up and secured. There must be no persons, animals, dangerous goods or valuables on board.
(4) For deliveries, the Client ensures that its trailer is registered, covered by liability insurance and roadworthy, has a valid roadworthiness inspection and is approved for the weight of the boat. Lights, brakes, tyres, coupling and breakaway cable must be in working order, and the boat must be properly supported and secured on the trailer. The Carrier carries out a visual inspection before departure. If the trailer is visibly not roadworthy, the Carrier may refuse the trip; § 6 (5) applies accordingly.
(5) If the boat exceeds the limits stated in § 3 (2) or its dimensions or weight deviate significantly from the information provided, the Carrier may refuse to take it over; § 6 (5) applies accordingly.
(6) The Client ensures that the collection, handover and, where applicable, launching point is accessible for a car-and-boat-trailer combination and offers sufficient space for manoeuvring and turning. Narrow passages, height restrictions, roadworks or access restrictions must be notified before the start of the trip.
(7) The Client warrants that the boat is free of defects known to it that could cause personal injury or damage to property during transport (e.g. leaking tanks or loose components). The Client is liable in accordance with statutory provisions for damage to trailer or tow vehicle attributable to such defects or to incorrect information.
(8) If the boat is to be taken to a country outside the European Union (e.g. Switzerland, Norway or the United Kingdom), the Client shall provide all customs and export documents and any required permits in good time before the start of the trip.
(1) Loading, securing and unloading the boat as well as coupling and uncoupling the trailer are carried out exclusively by the Carrier or persons commissioned by it. If the boat has to be moved by crane or forklift, this is done by the respective harbour or yard; its charges are borne by the Client.
(2) At collection and handover, a handover report and photo documentation are prepared (all-round photos of hull, superstructure and drive, known pre-existing damage and, for deliveries, the trailer). The Client or a representative designated by it signs the report. If nobody is present at the handover point, the Carrier’s photo documentation serves as proof of condition.
(3) Launching only takes place at a slipway suitable for the boat and only if wind, waves and water level allow safe launching; the Carrier decides on this. When launching, the Client or a person authorised by it and able to handle the boat takes over the boat in the water; the Carrier’s custody ends when the boat floats off the trailer. When hauling out, the Carrier’s custody begins as soon as the boat rests securely on the trailer. Slipway and harbour fees are borne by the Client.
(4) Waiting times at collection or handover points of more than 60 minutes after the agreed time are charged at €85 net per hour or part thereof, insofar as they are attributable to the Client (e.g. boat not ready, missing keys or papers, blocked access).
(5) If a trip cannot be carried out as agreed for reasons for which the Client is responsible — for example because the boat is not ready, access is blocked, the trailer is not roadworthy or the boat exceeds the agreed limits — the Client bears the costs incurred, but at least 50% of the agreed freight price. The Client remains entitled to prove that less or no damage was incurred.
(1) The Client may cancel the order in text form until the start of the trip. The time of receipt of the declaration by the Carrier is decisive.
(2) Cancellation more than 7 calendar days before the start of the trip is free of charge. For cancellation between 7 calendar days and 48 hours before the start of the trip, a handling fee of €75 net is charged.
(3) In the event of cancellation less than 48 hours before the start of the trip, or if the boat is not made available at the agreed time, the Client owes 50% of the agreed freight price as liquidated damages. Expenses already incurred — for example for booked ferries, accommodation, slipway or crane appointments — are charged in addition.
(4) The Client remains entitled to prove that the Carrier has suffered no loss or a significantly lower loss. The Carrier remains entitled to prove a higher loss.
(5) Rescheduling does not count as cancellation if notified in text form at least 72 hours before the start of the trip and a new date within 30 calendar days is agreed.
(6) If the Carrier has to cancel a trip for reasons within its sphere of responsibility (e.g. failure of the tow vehicle or trailer without replacement), payments already made are refunded in full. Further claims are governed by § 8. A weather-related postponement of launching under § 6 (3) does not constitute a cancellation.
(1) The Carrier is liable for loss of and damage to the boat between collection and handover as a carrier in accordance with statutory provisions — for domestic German transport under §§ 407 et seq. of the German Commercial Code (HGB), for cross-border transport under the Convention on the Contract for the International Carriage of Goods by Road (CMR).
(2) This liability is limited by law, generally to 8.33 Special Drawing Rights per kilogram of gross weight (§ 431 HGB, Art. 23 CMR). It therefore often covers only part of the boat’s value.
(3) For cover beyond this, the Carrier recommends including road transport in the Client’s boat insurance or taking out separate transport insurance. The Carrier can arrange such insurance on request; sum insured and insurer must be agreed in text form before the start of the trip.
(4) Pursuant to § 427 (1) HGB and Art. 17 (4) CMR, the Carrier is in particular not liable for damage attributable to the agreed use of an open trailer (§ 3 (3)) — such as soiling, insect residue or weather effects — or for damage caused by equipment, covers or superstructures that the Client has failed to secure or remove contrary to § 5 (3).
(5) For deliveries, the Carrier is not liable for damage to boat or trailer attributable to a defect of the Client’s trailer that was not detectable during the visual inspection before departure (e.g. wheel bearings, brakes, axles, frame or tyres).
(6) Pre-existing damage recorded in the handover report or photo documentation at collection does not give rise to any liability on the part of the Carrier.
(7) For other damage not covered by liability under paragraph 1, the Carrier has unlimited liability for intent and gross negligence and for injury to life, body or health. In the event of slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical of the contract; otherwise, liability for slight negligence is excluded.
(8) The above provisions also apply to the Carrier’s vicarious agents and legal representatives. Mandatory statutory provisions, in particular in favour of consumers, remain unaffected.
(1) Externally visible damage must be noted in the handover report at handover. If the Client is not present, it must be notified in text form without undue delay after becoming aware of it.
(2) Damage that is not externally visible must be notified in text form within seven days of handover (§ 438 HGB, Art. 30 CMR). If timely notice is not given, it is presumed that the boat was handed over complete and undamaged.
(3) The Client gives the Carrier the opportunity to inspect the boat concerned and does not carry out repairs before the inspection, insofar as this is reasonable.
(4) Claims arising from the carriage become time-barred after one year, or after three years in the case of intent or equivalent fault (§ 439 HGB, Art. 32 CMR).
(1) For evidence and documentation purposes, the Carrier records the boat and, for deliveries, the trailer in photos and, where applicable, on video, including the loading and unloading process.
(2) The documentation is retained for as long as claims arising from the transport can be asserted and serves as evidence in the event of damage. The Client receives a copy on request.
(3) The Carrier may use anonymised images — without identifiable persons, registration numbers, names or berths — for its own presentation, for example on the website or on social media. If the Client wishes to exclude this, a note in text form before the start of the trip is sufficient.
(4) Personal data is processed in accordance with the GDPR and the German Federal Data Protection Act (BDSG). Details can be found in the privacy policy.
(1) The Carrier is not liable for non-performance or delayed performance insofar as this is due to force majeure. Force majeure includes in particular natural events, severe weather, storms and floods, pandemics, strikes, official orders, war, civil unrest, acts of terrorism, traffic blockades, border closures, closures of roads, harbours or slipways, driving bans, fuel shortages and other events for which the Carrier is not responsible.
(2) In the event of force majeure, agreed deadlines are extended appropriately. If the impediment lasts longer than 30 calendar days, either party may withdraw from the contract. Payments for services not rendered are refunded.
(1) The Client may only set off claims that are undisputed, legally established or acknowledged by the Carrier. The Client is only entitled to a right of retention insofar as its counterclaim is based on the same contractual relationship.
(2) The assignment of claims under this contract requires the Carrier’s prior consent in text form. § 354a HGB remains unaffected.
(3) The Carrier has a lien on the boat and, where applicable, the trailer in its possession for its claims in accordance with § 440 HGB.
(1) Declarations and notices required in text form under these Terms may be given by email or WhatsApp.
(2) Amendments and additions to these Terms and to individual contracts require text form. Individual agreements always take precedence (§ 305b BGB).
(3) Notices to the Carrier are to be sent to: Royal Legacy Marine Transport, owner Maximilian Christopher Garus, Roggenkamp 1D, 49849 Wilsum, Germany · Email: marine.transport@royal-legacy.com
(1) The place of performance for all obligations towards entrepreneurs is the Carrier’s place of business.
(2) If the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Carrier’s place of business. The Carrier may also sue the Client at its general place of jurisdiction. For cross-border transport, Art. 31 CMR remains unaffected.
(3) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For cross-border transport, the mandatory provisions of the CMR apply in addition. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence.
(4) The Carrier is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(1) Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.
(2) Invalid provisions are replaced by the statutory provisions.
(3) The Carrier may amend these Terms with effect for future contracts. The version agreed at the time of conclusion applies to existing contracts.
