General Terms & Conditions

(1) These General Terms and Conditions (hereinafter "Terms") apply to all contracts, offers and services between Royal Legacy Motor Atelier, owner Max Garus (hereinafter "Contractor" or "Royal Legacy"), and its clients (hereinafter "Client") in the field of enclosed vehicle transport and all associated additional services.

(2) These Terms apply exclusively. Conflicting, differing or supplementary terms of the Client do not become part of the contract, even if the Contractor does not expressly object to them or renders services without reservation while aware of such terms. Deviations require the express written confirmation of the Contractor.

(3) Definitions: "Transport" means the enclosed, documented vehicle transport using a Brian James RT7 or comparable enclosed trailer and a towing vehicle of the Cadillac Escalade ESV brand (or equivalent M1 passenger towing vehicle). "Vehicle" means the motor vehicle handed over by the Client for transport. "Tour" means the entire transport service from the pick-up point to the destination.

(4) A consumer within the meaning of these Terms is any natural person who concludes a legal transaction for purposes that are predominantly outside their commercial or independent professional activity (§ 13 German Civil Code). An entrepreneur is a natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or independent professional activity (§ 14 German Civil Code).

(1) The Contractor’s offers are subject to change and non-binding unless expressly marked as binding. Binding offers are valid for 14 calendar days unless a shorter or longer period is stated in the offer.

(2) The contract is concluded by (a) written order confirmation of the Contractor by email or WhatsApp, (b) commencement of the performance of services, or (c) electronic contract signing (e.g. via DocuSign or an eIDAS-compliant procedure).

(3) Verbal collateral agreements, in particular regarding tour dates, additional services, prices, waiting times or special conditions, are only effective if confirmed in writing (email/WhatsApp is sufficient).

(4) When placing the order, the Client warrants that they are authorised to place it and are the owner or duly authorised representative of the vehicle to be transported. Upon request, corresponding evidence (vehicle registration, power of attorney, proof of ownership) must be provided.

(1) The Contractor performs the enclosed vehicle transport in accordance with the individual agreement. The specific scope of services results from the offer, the order confirmation and these Terms.

(2) The trailer (Brian James RT7 or comparable) has a sandwich-panel-insulated wall construction for passive insulation against heat, cold and noise. Active climate control (temperature or humidity regulation) is expressly NOT part of the service. For particularly temperature- or climate-sensitive vehicles, the Client must inform the Contractor in writing of special requirements before conclusion of the contract; no guarantee is given for constant temperature or climate conditions inside the trailer.

(3) Additional services (e.g. photo reporting, concierge service, light detailing, customs clearance, insurance brokerage, storage via partners) are only provided if agreed in writing in the order and priced separately.

(4) The Contractor reserves the right to assign individual parts of the tour or services to qualified subcontractors (e.g. backup drivers with driver qualification code 95, partner freight forwarders). This does not establish any contractual relationship between the Client and the subcontractor; the Contractor remains the contact and contractual partner.

(5) Unless expressly agreed otherwise, routing, time windows and intermediate stops are at the reasonable discretion of the Contractor. Estimated delivery times and routes are non-binding guideline values and not calendar-defined deadlines within the meaning of § 286 (2) no. 1 German Civil Code, unless expressly agreed as a "binding delivery date".

(1) All prices are in euros net plus the applicable statutory VAT. VAT is shown separately on the invoice.

(2) The following minimum prices per order apply to the service packages, irrespective of the distance driven: Royal Standard €300 net, Royal Signature €400 net, Royal Heritage €500 net. If the price calculated at the per-kilometre rate falls below the respective minimum price, the minimum price will be invoiced.

(3) Prices are based on the fuel prices (LPG, diesel) applicable at the time of order confirmation. If the LPG price rises by more than 15% between order confirmation and the start of the tour, the Contractor is entitled to apply a fuel surcharge corresponding to the percentage of additional cost, provided the tour begins more than 21 calendar days after order confirmation.

(4) Tolls, ferry and tunnel costs, official special permits, overnight costs for distances over 700 km/day as well as officially caused waiting times at borders or customs points are charged at cost plus a handling fee of 15%, unless expressly included in the fixed-price offer.

(5) Payment terms: 7 calendar days after invoicing without deduction. For an order value over €5,000 net, the Contractor reserves the right to require a deposit of 50% upon placing the order and the remaining payment before the start of the tour. Hypercar tours with an order value over €25,000 are generally processed against 50% deposit and 50% remaining payment before handover.

(6) 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). The Contractor expressly reserves the right to assert further default damages, including reminder costs of a flat €12.50 per reminder. For entrepreneurs, an additional flat reminder fee of €40 per default case is charged pursuant to § 288 (5) German Civil Code.

(7) As long as the Client is in default with due payments from previous orders, the Contractor is entitled to refuse the provision of further services or to make them dependent on advance payment.

(1) The Client is obliged to provide the Contractor with complete and correct information about the vehicle no later than 72 hours before the start of the tour, in particular:

• Make, model, year of manufacture, vehicle identification number (VIN), licence plate
• Dimensions (length, width, height), unladen weight, ground clearance
• Current value (for the value declaration of the transport insurance)
• Special characteristics (original condition, modified, limited steering ability, battery status, fuel level, immobiliser, key code, etc.)
• Any pre-existing damage with photo documentation
• For sports cars and lowered vehicles: ground clearance, possibly the need for ramp extensions

(2) If the Client provides incorrect, incomplete or late information pursuant to paragraph 1, they are liable for all resulting additional costs, delays, damages or tour cancellations. An adjustment of the agreed price is reserved.

(3) Upon handover, the Client ensures that the vehicle is roadworthy (unless expressly agreed as non-roadworthy), and that the keys and any required original documents (vehicle registration, registration certificate, customs documents, CITES certificate for classic interior materials, etc.) are handed over. For non-roadworthy vehicles, a suitable pushing device or a forklift must be provided on site by the Client.

(4) The Client must ensure that the loading and unloading point is accessible for a vehicle combination with an overall length of up to 13.50 m and a height of up to 3.30 m as well as a turning area of at least 20 m in diameter. Narrow points, construction work, height restrictions or lack of turning facilities must be communicated to the Contractor before the start of the tour.

(5) The Client warrants that the transported vehicle is free of hidden defects that could cause personal injury or property damage during transport (e.g. leaking tanks, unstable bodywork). In the event of damage to the trailer or towing vehicle demonstrably caused by hidden defects or incorrect information, the Client is liable without limitation.

(6) If the vehicle is to be transported to a non-European country or must meet special customs requirements, all export documents, CITES certificates and other permits must be provided by the Client in good time before the start of the tour.

(1) The handover of the vehicle takes place at the agreed loading point. The Client or an authorised representative must be present at handover and acceptance. A condition report (handover protocol) with photo documentation is prepared and confirmed by both parties.

(2) If the Client or their representative is not present at the agreed time, a waiting time of up to 60 minutes is free of charge. Each additional commenced hour is charged at €75 net. After a waiting time of more than 120 minutes, the Contractor is entitled to cancel the tour; the cancellation provisions under § 7 apply accordingly.

(3) The condition report records visible features and any pre-existing damage. Defects not detectable from outside (e.g. technical defects, interior damage) are not part of the visual condition report. The Client is responsible for the completeness of the information they provide.

(4) Upon acceptance at the destination, the Client must inspect the vehicle without delay and confirm the acceptance protocol. Externally detectable transport damage must be noted in the acceptance protocol immediately upon acceptance; otherwise § 9 applies.

(1) The Client may cancel the order free of charge up to 48 hours before the agreed start of the tour. Cancellation must be made in writing (email/WhatsApp is sufficient).

(2) In the event of cancellation between 48 and 24 hours before the start of the tour, the Contractor charges a cancellation fee of 50% of the agreed order value.

(3) In the event of cancellation less than 24 hours before the start of the tour, or if the Contractor has already commenced travel to the loading point, a cancellation fee of 90% of the agreed order value is charged.

(4) The Client is free to prove that the Contractor incurred no damage or significantly lower damage than the flat-rate amounts stated above. The Contractor reserves the right to prove higher actual damage.

(5) If the Contractor cannot perform the tour for reasons within its control (excluding force majeure under § 11), the Client may withdraw from the contract. Further claims of the Client are governed by § 8.

(6) If the tour fails due to incorrect information provided by the Client (e.g. vehicle not roadworthy contrary to the information given, inaccessible loading point, missing documents), the cancellation fee under paragraph 3 applies. Additional costs already incurred (travel, waiting time) are charged separately.

(7) Rebooking to another date is possible once free of charge up to 48 hours before the start of the tour, subject to capacity availability.

(1) The Contractor transports the vehicle with the care of a prudent businessperson. Liability is governed by statutory provisions, unless otherwise stipulated below.

(2) For transport within the scope of application of the CMR (cross-border road haulage), the Contractor is liable in accordance with the provisions of the CMR. Liability is limited to 8.33 Special Drawing Rights (SDR) per kilogram of gross weight of the goods in accordance with Art. 23 CMR, unless a higher value declaration has been agreed.

(3) For purely domestic German transport, liability is governed by §§ 425 ff. German Commercial Code (HGB). Liability is limited to 8.33 SDR per kilogram in accordance with § 431 HGB, unless a higher value declaration has been agreed.

(4) The Client is strongly advised to take out separate transport insurance with adequate value coverage for high-value vehicles (in particular collector vehicles, hypercars). The Contractor offers, on request, the arrangement of a suitable all-risk transport insurance via partner insurers. A corresponding value declaration is required for this.

(5) Liability for slight negligence is excluded, except in the case of a breach of a material contractual obligation (cardinal obligation), the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Client may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract.

(6) The above limitations of liability do not apply to damage arising from injury to life, body or health, in the case of intent or gross negligence, in the case of fraudulent concealment of a defect, or insofar as the Contractor has assumed a guarantee. Liability under the German Product Liability Act remains unaffected.

(7) The Contractor is not liable for damage to the vehicle that is attributable to pre-existing defects, hidden defects, the nature of the vehicle or incorrect information provided by the Client. This applies in particular to damage to lowered vehicles caused by unavoidable ground contact during loading, provided the Client did not point out the low ground clearance in advance.

(8) The Contractor is not liable for objects left in the vehicle (e.g. loose valuables, removable parts). The Client must remove or secure such objects before handover.

(9) Claims for damages against the Contractor become time-barred in accordance with the statutory provisions, for CMR transport in accordance with Art. 32 CMR (generally one year, in the case of intent or equivalent fault three years).

(1) Obvious damage or defects to the vehicle or service must be recorded and countersigned in the acceptance protocol immediately upon handover. If the Client is not present, the complaint must be reported in writing (email is sufficient) without delay, at the latest within 24 hours of handover.

(2) Hidden damage that was not detectable during a proper handover inspection must be reported in writing without delay upon discovery, at the latest within 24 hours of handover. In the case of a later complaint, the burden of proof is deemed to have passed to the Client to show that the damage was caused during transport.

(3) The Client must give the Contractor the opportunity to inspect the vehicle subject to complaint without delay and must leave the vehicle in its delivery condition until then. Unauthorised repairs or modifications before the inspection may lead to the loss of claims for damages.

(4) Claims for damages against the Contractor become time-barred one year after delivery of the vehicle, unless a shorter statutory limitation period applies. In the case of intentional or grossly negligent conduct, the statutory limitation periods apply.

(1) As part of placing the order, the Client agrees that the Contractor may photographically and, where applicable, videographically record the vehicle for evidence and documentation purposes. The photo documentation regularly includes all-round shots, the interior, pre-existing damage, and the loading and unloading process.

(2) The photo documentation is archived for at least 5 years (GDPR-compliant retention) and serves as evidence in the event of damage. Upon request, the Client is entitled to a copy of the documentation concerning them.

(3) The Contractor reserves the right to use anonymised photo or video material (without personal reference, without licence plates) for marketing purposes (website, Instagram, LinkedIn). Personal data (licence plates, owner information) is rendered unrecognisable in such publications. If the Client wishes to exclude the publication of any recordings, this must be declared in writing before the start of the tour.

(4) The processing of personal data is carried out in accordance with the provisions of the GDPR and the German Federal Data Protection Act (BDSG). Detailed information can be found in the Contractor’s separate privacy policy.

(1) The Contractor is not liable for the non-performance or delayed performance of obligations attributable to force majeure. Force majeure includes in particular: natural disasters, pandemics, strikes (including in upstream or downstream operations), lockouts, official orders, war, riot, acts of terrorism, traffic blockades, prolonged border closures, officially ordered truck driving bans or restrictions, cyberattacks on public infrastructure, fuel shortages, and other events for which the Contractor is not responsible.

(2) In the event of force majeure, the performance period is extended appropriately. If the impediment lasts longer than 30 calendar days, both parties are entitled to withdraw from the contract. Deposits already paid are refunded proportionately. Further claims, in particular for damages, are excluded.

(1) The Client is only entitled to set off against claims of the Contractor insofar as their counterclaim has been legally established, is undisputed or has been acknowledged in writing by the Contractor. The Client is only entitled to a right of retention if the counterclaim is based on the same contractual relationship.

(2) An assignment of claims arising from this contract by the Client to third parties is only permitted with the prior written consent of the Contractor. § 354a German Commercial Code remains unaffected in relation to merchants.

(3) The Contractor has a statutory and contractual lien on the vehicles in its possession to secure all due and not-yet-due claims arising from the contract as well as from any previous orders with the Client. In particular, § 441 German Commercial Code (carrier’s lien) remains unaffected.

(1) All declarations and notifications that are to be made in writing under these Terms may be made in text form (email/WhatsApp is sufficient), unless expressly stipulated otherwise.

(2) Amendments and additions to these Terms as well as to individual contracts require text form. This also applies to the amendment or cancellation of this text form requirement itself.

(3) Notifications to the Contractor are to be addressed to: Royal Legacy Motor Atelier, owner Max Garus, [address inserted in the order], email: [email inserted in the order].

(1) The place of performance for all obligations arising from the contractual relationship is the Contractor’s registered place of business.

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, in commercial dealings (the Client being an entrepreneur, a legal entity under public law or a special fund under public law), the Contractor’s registered place of business. However, the Contractor is also entitled to sue the Client at the Client’s general place of jurisdiction.

(3) The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For cross-border transport, the mandatory provisions of the CMR additionally apply.

(4) The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. The Contractor is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

(1) Should individual provisions of these Terms or of the contract between the parties be or become wholly or partially invalid, void or unenforceable, the validity of the remaining provisions shall not be affected thereby.

(2) The invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose economic effects come closest to those of the invalid or unenforceable provision. The same applies to any gaps in the contract.

(3) These Terms replace all previous versions. The Contractor is entitled to amend the Terms with effect for future contracts. For ongoing contracts, the Terms in the version agreed at the time of conclusion of the contract remain authoritative.