General Terms and Conditions

A 1. Contracting party and scope

Your contracting party is exclusively the sole proprietorship Martin Marcinko, Planegger Str. 40, 82110 Germering, Germany (the "Contractor", "we"). SuperUmzug, Entrümpelung München and BayReno are trading names of this one business, not separate legal entities. Booking any of the three means the same contracting party, the same point of contact and the same liability — including when two or three trades come together in one job.

These terms apply to all contracts for moving, clearance, house clearance, renovation, storage and the property inspection service. Any conflicting terms of the customer do not become part of the contract unless we expressly agree to them in text form.

A consumer is any natural person entering into the contract for purposes predominantly outside their trade, business or profession (§ 13 German Civil Code). An entrepreneur is a person acting in the exercise of their trade or profession (§ 14 German Civil Code). Where these terms distinguish between the two, this is stated expressly.

For moving contracts, the mandatory provisions of the German Commercial Code on carriage and removals apply in addition (§§ 407 et seq., in particular §§ 451 to 451h HGB). For renovation and clearance work, German contract-for-work law applies in addition (§§ 631 et seq. BGB). Statutory provisions that are mandatory in favour of consumers take precedence over these terms in every case.

A 2. Quotation, survey and formation of contract

The figures on our website, in price tables and in guide articles are non-binding market guidance, not an offer in the legal sense. A contract comes into existence only when we confirm your order in text form or begin performance.

A binding fixed price is generally established only after a survey — on site or from photos and video. The calculation is based on what you tell us at that point: scope and volume, floor area and number of rooms, storey and accessibility, carrying distance, distance travelled, date, and for clearances the quantity and type of material to be disposed of.

Where a price is based on a cost estimate given without a guarantee of completeness, the estimate may be exceeded by no more than 20 per cent. If it becomes apparent that this limit will be exceeded, we will notify you without delay; you may then terminate the contract under § 650(1) in conjunction with § 648 BGB. Work beyond the agreed scope is carried out only by prior agreement.

If the actual circumstances on the day differ substantially from your description — significantly more goods, a longer carrying distance, an unusable access route or a lift out of service — the agreed price is not binding to that extent. In that case we will tell you about the additional effort before carrying it out and will only proceed with your agreement.

A 3. Prices, surcharges and ancillary costs

All prices quoted to consumers are gross prices including statutory VAT, currently 19 per cent. Prices quoted to entrepreneurs are net plus VAT.

Surcharges, where agreed: Saturday 50 per cent; Sundays, public holidays and express performance within 24 hours at double the rate. These surcharges are disclosed before the contract is concluded and cannot be changed unilaterally afterwards.

A parking restriction zone (Halteverbotszone) costs €300 gross per address. This covers the application to the city traffic authority, the official fee, putting up the signs, documentation and removal. The application needs about three weeks' lead time. If you do not order the zone, or order it too late, and the carrying distance is longer as a result, the additional working time is at your cost.

Waiting time for which we are not responsible is charged by time spent. This applies in particular where, at the agreed appointment, packing is not finished, the premises are not cleared, or access is not possible. We will tell you before we start charging and will record the waiting time.

A 4. Payment, due dates and default

Payment is made by bank transfer against invoice. We do not accept cash.

For moving jobs, the invoice is due in full within seven days of the invoice date. For clearances and house clearances, the amount is due immediately on completion. For renovation work, instalments by stage of completion may be agreed on the basis of § 632a BGB.

If the customer is in default, statutory default interest applies: five percentage points above the base rate for consumers, nine percentage points for entrepreneurs (§ 288 BGB). Further loss caused by the delay remains recoverable. The customer is expressly entitled to prove that no loss, or a substantially lower loss, has been incurred.

You may set off only claims that are undisputed or have been finally determined by a court. You have a right of retention only where it arises from the same contractual relationship. Your rights as a consumer in respect of defective performance are unaffected.

A 5. What we need from you

So that we can work on the agreed date, we need: access to all rooms concerned, a usable access route or the parking restriction zone ordered in good time, working power and water connections where the work requires them, and a contactable person on site.

Before we start, please tell us if the goods to be moved or disposed of include anything requiring special handling: hazardous substances, paints, oils, chemicals, batteries, gas cylinders, asbestos-containing materials, perishables, or live animals and plants. If you do not, you bear the costs this causes us, including any special disposal required.

Please carry money, securities, jewellery, precious metals, personal documents, storage media holding irreplaceable data and comparable valuables yourself. We will take them only where this is expressly agreed in text form and the value is declared.

We cannot inspect the contents of boxes you have packed yourself. Under § 451d HGB we are released from liability to the extent that damage results from inadequate packing or labelling by you, or from carrying goods not packed by us. We remain liable for damage we are responsible for, including for goods you packed yourself.

Before loading, please check together with our team that nothing is accidentally left behind and nothing is taken that should stay.

A 6. Appointments and rescheduling

Agreed appointments are binding. If we cannot keep an appointment for reasons we are responsible for, we will tell you without delay and offer a replacement date; your statutory rights are unaffected.

Events of force majeure — in particular severe weather, official orders, strikes or closure of the access route — entitle either side to reschedule. No claim for damages arises from this, provided the impediment is not the fault of the party concerned.

If you reschedule an agreed appointment, we will try to offer a prompt replacement date. Where the rescheduling is so short-notice that the reserved capacity can no longer be filled, the termination provisions in A 7 apply accordingly.

A 7. Termination and cancellation

This clause concerns termination of a contract already concluded. Your statutory right of withdrawal as a consumer exists independently of it and takes precedence — see Part C.

Moving jobs: if you terminate before performance, we may under § 415(2) HGB claim either the agreed remuneration less expenses saved and income earned elsewhere, or a flat one third of the agreed remuneration (Fautfracht) without having to prove the expenses saved. This claim does not arise where the termination is due to reasons within our sphere of risk.

Clearance and renovation jobs: if you terminate before completion, we retain the claim to the agreed remuneration less what we save in expenses as a result of the termination or earn elsewhere (§ 648 BGB).

In every case you are expressly entitled to prove that we suffered no loss or a substantially lower loss. Equally, we remain entitled to prove a higher loss. Partial performance already rendered and third-party costs demonstrably incurred — such as a parking restriction zone already applied for and chargeable — are reimbursable in any event.

Termination must be in text form. What matters for timing is when it reaches us.

A 8. Liability

This section, together with section A 9, also constitutes the liability information we are required to give you as a removals carrier in text form under § 451g HGB.

For moving jobs, the statutory liability of the removals carrier applies: for loss of or damage to the goods we are liable under § 451e HGB up to €620 per cubic metre of loading space required to perform the contract. This limit does not apply in cases of intent or of recklessness in the awareness that damage would probably result (§ 435 HGB).

For higher values we will arrange additional transport insurance at your request, with an insured value you set yourself. Please raise this before the contract is concluded. We deliberately do not advertise any guarantee going beyond the statutory liability.

Outside removals law — that is, for clearance, renovation and storage — we are liable without limit for intent and gross negligence and for injury to life, body or health. For ordinary negligence we are liable only where a material contractual obligation is breached, meaning one whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely; in that case liability is limited to the foreseeable loss typical for this type of contract.

Liability under the German Product Liability Act and under any guarantee expressly given remains unaffected. Any further liability is excluded.

We carry business and professional indemnity insurance with LVN.

A 9. Reporting damage and defects

For moving jobs the statutory periods in § 438 HGB apply: damage apparent from the outside must be notified to us no later than at delivery; damage not apparent from the outside within fourteen days of delivery, in text form. If notification is omitted, the goods are presumed to have been delivered complete and undamaged.

Please document damage with photographs where possible and report it to us using the contact details given in Part C. We will confirm receipt and come back to you on settlement.

For renovation and clearance work, the statutory rights in respect of defects under contract-for-work law apply. The limitation period for consumers is two years from acceptance, and five years for work on a building (§ 634a BGB). We carry out acceptance of the completed work together with you.

Withholding or reducing payment on account of alleged defects is permitted only to the extent appropriate to remedying the defect.

B 1. Specific terms for moving (SuperUmzug)

We carry out private and corporate moves in Munich and within roughly 50 kilometres, and long-distance moves within Germany and the European Union.

We do not transport: pianos, grand pianos, safes, billiard tables, industrial machinery, or any load requiring a crane or removal via window or balcony. The benchmark is what two people can safely move by hand or with straps. We move whirlpools and saunas up to 120 kg and large potted plants up to 100 kg. We do not transport live animals. We do not carry out overseas moves by container or air freight.

We do not provide a furniture lift. Bulky furniture is dismantled and carried down the stairwell. If the survey shows that an item will not come out of the flat even dismantled, we will tell you before the appointment so that you can book a furniture lift from a third-party provider.

We are entitled to engage third parties to perform the work. Our responsibility towards you is unaffected.

Tips to the team are voluntary and are not part of the invoice.

B 2. Specific terms for clearance and house clearance

We clear flats, houses, cellars, attics, garages and commercial premises, separate materials properly for recycling and hand the space over broom-clean. Cleaning beyond broom-clean must be agreed separately.

You warrant that you are entitled to dispose of the goods concerned. For house clearances following a death, booking requires that you are entitled to do so as heir or authorised representative. You indemnify us against third-party claims arising from a lack of such entitlement.

Please sort out what you wish to keep before the appointment and point out anything that must not be disposed of. If personal documents, valuables or keepsakes are among the contents, please mark them clearly. Once removed, disposed items generally cannot be retrieved.

Hazardous waste — in particular paints, oils, chemicals, batteries and waste electrical equipment — is collected separately and disposed of through certified specialist disposal firms. The resulting costs are shown separately.

Where a credit for items of resale value is agreed, the amount credited is shown openly on the invoice.

We carry out document destruction in accordance with the General Data Protection Regulation on request.

B 3. Specific terms for renovation (BayReno)

We carry out painting and decorating, flooring, tiling, bathroom and sanitary work, drywall construction, and assembly and dismantling of furniture and kitchens. Electrical and plumbing work requiring a licensed specialist is subcontracted to specialist partners.

The work is accepted jointly on completion. A record of acceptance is drawn up noting any outstanding work and any defects.

Work in furnished or occupied rooms takes more effort than in empty rooms and is calculated accordingly. You ensure that the areas to be worked on are accessible and cleared on the agreed date, unless otherwise agreed.

Delays caused by the prior work of third parties, by delivery times for materials you supply, or by subsequent change requests extend the agreed completion time reasonably.

Drying, curing and ventilation times are technically necessary and form part of the completion time.

B 4. Specific terms for storage

Stored goods are recorded in an inventory list on intake. That list is the basis for storage and release.

Storage charges are payable monthly in advance. Storage ends on the agreed date or on termination in text form with effect from the end of a month.

The following are not accepted for storage: hazardous substances, highly flammable or explosive materials, perishables, live animals and plants, and anything liable to cause odour or pest problems.

If the customer is in default with storage charges, we have a statutory lien over the stored goods for our claims under the storage contract (§ 475b HGB). Realisation of the lien takes place only after prior notice in text form and the expiry of a reasonable period.

B 5. Specific terms for the property inspection service

The inspection service is a standalone service, bookable independently of everything else, at a fixed price of €290 gross.

It comprises a joint walk-through, a systematic record of the condition of the rooms and trades involved, an assessment of the cost of reaching your intended standard, and a difficulty rating for each item.

The assessment is based on the condition visible during the walk-through. Concealed defects that cannot be identified without opening up building elements cannot form part of it. The inspection service is not a structural survey and does not replace advice from an architect or structural engineer.

C 1. Right of withdrawal for consumers

If you are a consumer and the contract was concluded away from our business premises — for instance during the survey at your home — or by distance communication only, that is by telephone, email or the callback form, you have a statutory right of withdrawal. The following instruction follows the statutory model. The German original is authoritative.

WITHDRAWAL INSTRUCTION — Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal you must inform us — Martin Marcinko, Planegger Str. 40, 82110 Germering, Germany, telephone +49 176 7091 1464, email kontakt@bayreno.de — by means of a clear statement (for example a letter sent by post, or an email) of your decision to withdraw from this contract. You may use the model withdrawal form below, but you are not obliged to. To meet the withdrawal deadline it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

END OF WITHDRAWAL INSTRUCTION

C 2. Performance before the withdrawal period expires

Most of our appointments fall within the fourteen-day withdrawal period — a moving date ten days away is the normal case, not the exception. For us to be allowed to act before the period expires and to be paid for what we have performed up to any withdrawal, we need two statements from you in text form:

First, your express request that we begin performance before the withdrawal period expires. Second, your acknowledgement that your right of withdrawal lapses once the service has been performed in full (§ 356(4) BGB).

We obtain these statements with the order confirmation. Without them, we can only carry out the appointment after the withdrawal period has expired. We point out expressly that these statements are voluntary: you may instead choose to wait for the period to run out.

If you withdraw after making such an express request but before performance is complete, you owe us the proportionate value of what has been performed up to that point — no more.

C 3. Model withdrawal form

If you wish to withdraw from the contract, please complete this form and send it back. Use of the form is not mandatory.

To: Martin Marcinko, Planegger Str. 40, 82110 Germering, Germany, email: kontakt@bayreno.de

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the supply of the following service: ______________________________

Ordered on: ______________ · Name of consumer(s): ______________________________

Address of consumer(s): ______________________________

Date: ______________ · Signature of consumer(s) (only if this form is notified on paper): ______________________________

(*) Delete as appropriate.

D 1. Data protection

We process your personal data solely to perform the contract and within the limits of the law. Details of the purposes, legal bases, retention periods and your rights are set out in our privacy policy.

D 2. Dispute resolution

We are neither obliged nor generally willing to take part in dispute resolution proceedings before a consumer arbitration body. Independently of that, we are always willing to resolve a complaint directly with you — simply contact us using the details above.

Note: the European Commission's former online dispute resolution (ODR) platform was discontinued on 20 July 2025 and the underlying Regulation (EU) No 524/2013 has been repealed. A reference to it is therefore deliberately omitted.

D 3. Final provisions

The law of the Federal Republic of Germany applies. If you are a consumer habitually resident in another state, the mandatory consumer protection provisions of that state remain unaffected.

A place of jurisdiction is agreed only with merchants, legal persons under public law and special funds under public law; in that case it is Munich. In relation to consumers, only the statutory places of jurisdiction apply.

Amendments and additions to this contract must be in text form. This also applies to any waiver of this form requirement.

Should any provision of these terms be or become invalid, the validity of the remaining provisions is unaffected. The statutory provision takes the place of the invalid one.