GENERAL TERMS AND CONDITIONS (GTC) OF MT ONROAD

5/5

387 reviews on Google

§ 1 Subject Matter of the Contract and Legal Position of the Parties

(1) Scope (B2B Focus)

These General Terms and Conditions (GTC) apply to all current and future business relationships between MT onroad (hereinafter the “Contractor”) and the customer (hereinafter the “Client”). The offer is directed exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. By placing an order, the Client warrants that it is acting in the course of its commercial or self-employed professional activity.

(2) Nature of Contract: Commercial Agency / Business Management and Brokerage

The Contractor, on behalf of the Client, undertakes the organisational handling and brokerage of technical assistance for freight vehicles (tractors, trailers, semi-trailers).

• Subject of performance: The Contractor owes the activity of procuring a suitable third-party service (e.g., towing, tyre fitting, repair, emergency management), but not the success of the repair or recovery measures themselves. The contract is a business management / agency contract with a service-procurement character (§ 675 BGB).

• Performance by third parties: The actual on-site technical assistance is rendered by legally independent third-party companies (“Service Partners”). The Contractor acts in the name and for the account of the Client in order to commission such services. A separate contractual relationship (contract for work and services or service contract) is formed between the Client and the Service Partner.

(3) Geographic Scope

The brokerage activity extends to the Federal Republic of Germany, Austria, and, depending on the situation, to further countries of the European Union.

§ 2 Obligations of the Parties

(1) Obligations of the Contractor

• Availability: The Contractor ensures telephone order intake (+49 977 5376 9999) and availability via verified messenger services (primarily WhatsApp Business with end-to-end encryption, alternatively Telegram) around the clock (24/7).

• Selection: The Contractor undertakes to select qualified Service Partners (towing services, workshops, tyre services) with due care.

• Information: The Contractor informs the Client about the status of the brokerage and, where possible, about the expected costs of third-party providers.

(2) Obligations of the Client

• Communication: Arrangements and approvals are made in text form (e-mail, messenger). The Client ensures that messages sent from its devices/accounts (e.g., driver’s phone) are legally attributable to the Client.

• Payment: The Client undertakes to pay in due time the agreed brokerage fee as well as any advanced costs for the Service Partners (spare parts, labour, travel).

• Acceptance: The Client or its driver is obliged to accept the service rendered on site by the Service Partner, insofar as it has been performed in accordance with the contract.

§ 3 Prices and Payment Terms

(1) Due Date and Payment Methods

The remuneration is due immediately upon invoicing, without deduction. Accepted payment methods are bank transfer (real-time), credit card, or verified payment service providers. The Contractor is entitled to require advance payment (100% or 50%) or a security deposit, in particular for new customers or where a foreign element is involved.

(2) Price Adjustment (Additional Work)

If, during performance of the work by the Service Partner, it becomes apparent that the actual effort, due to unforeseeable technical circumstances (e.g., seized parts, hidden damage), exceeds the original calculation by more than 15%, the Contractor will notify the Client without undue delay. Continuation of the work requires the Client’s consent (text form is sufficient).

(3) Currency

The billing currency is EURO.

§ 4 Order Handling, Contract Formation and Cancellation

(1) Data Provision

For processing the breakdown case, the Client must provide the following data without undue delay:

• Exact location (GPS coordinates).

• Type of malfunction and photos (if required).

• Vehicle data (licence plate, VIN, manufacturer/model).

• Client company data and driver contact details.

(2) Offer and Acceptance

Based on the data, the Contractor prepares an offer (proposed solution and cost estimate).

(3) Contract Formation in Electronic Commerce (“Emoji Clause”)

The contract becomes legally binding as soon as the Client accepts the offer or the Contractor confirms the order. The parties expressly agree that contracts concluded via messenger (primarily WhatsApp Business, alternatively Telegram) as well as approvals for performance by transmitting unambiguous symbols (e.g., “thumbs up” emoji 👍, “OK” ✅) or short messages (“Go”, “Confirmed”) constitute a clear declaration of intent, are fully effective, and create a payment obligation (§ 126b BGB).

(4) Binding Effect upon ETA and Cancellation Charges

• Binding effect: Upon notification of the estimated time of arrival (Estimated Time of Arrival – ETA) or confirmation of departure of the Service Partner to the Client, the brokerage assignment is deemed irrevocably placed.

• Chargeable cancellation (dead mileage): If the Client cancels after ETA has been transmitted or less than 30 minutes before the agreed arrival of the Service Partner, the Contractor is entitled to charge a cancellation fee of 50% of the expected order value, but at least the full travel costs (dead run) of the partner.

• No-show: If the Service Partner arrives at the breakdown location and the vehicle or driver cannot be found, 100% of the travel and return travel costs as well as a flat-rate expense charge become due. The Client remains entitled to prove that a lesser damage was incurred.

§ 5 Special Conditions, Security Rights and Data Protection

(1) Exclusion of Warranty for Third-Party Materials

The Contractor assumes no liability for defects attributable to spare parts or materials provided byv the Client.

(2) Wear Parts

Warranty does not cover natural wear and tear (consumables such as tyres, brake pads, V-belts, bulbs etc.) or damage caused by corrosion/erosion.

(3) Disposal

Replaced old parts become the property of the Service Partner and are disposed of unless the Client expressly requests their return.

(4) Data Use, EU Data Act and Data Protection

• Legal bases: Personal data are processed for contract performance (Art. 6(1)(b) GDPR) and for the protection of legitimate interests (Art. 6(1)(f) GDPR, e.g. fraud prevention). Use for marketing purposes takes place only with consent or based on an existing customer relationship, whereby the Client may object at any time (e-mail to: [email protected]).

• EU Data Act (machine data): To the extent that data from connected products (e.g., truck telematics data, fault codes) are generated in the course of performance, the Client grants the Contractor the right to use such data and to disclose them to Service Partners insofar as this is required to technically remedy the breakdown. The Client is entitled to the release of the “raw data” pursuant to the Data Act.

(5) Security Rights, Advance Payment, Assignment, Right of Retention, Realisation

• Advance payment / assignment of claims (collection): The Contractor is entitled to settle, in whole or in part, claims of a Service Partner against the Client in connection with a specific breakdown case (advance payment). The Client hereby already agrees that the Service Partner assigns its claim(s) from this breakdown case and related ancillary rights to the Contractor to the extent legally permissible (§§ 398 et seq. BGB). The Contractor is entitled to collect the assigned claims in its own name (collection / enforcement).

• Right of retention / refusal to release only where possession exists: A right of retention or refusal to release may be exercised only for as long as the vehicle is in the direct possession of the Service Partner or the Contractor and the legal requirements are met. Such right is exercised exclusively within the framework of statutory provisions (in particular §§ 273, 320 BGB; for contracts for work and services, where applicable, § 647 BGB) and only to secure the respective due claim secured by law.

• § 647 BGB (statutory contractor’s lien) – clear limitation: To the extent a Service Partner, as a contractor under a contract for work and services, holds a statutory lien pursuant to § 647 BGB, such lien secures only the Service Partner’s remuneration claims under the respective work contract (including necessary expenses insofar as covered by law). Any extension to the Contractor’s brokerage fee does not arise via § 647 BGB.

• Set-off against proceeds from realisation (if proceeds are received by the Contractor): If the Contractor receives realisation proceeds in the context of a permissible realisation or based on an assignment, the Contractor is entitled to apply such proceeds first to the assigned claims of the Service Partner and to the Contractor’s own due claims from the same breakdown case (in particular brokerage fee and advanced costs). Any remaining surplus shall be paid out to the Client insofar as no statutory retention/set-off prohibitions apply.

• Realisation only in accordance with law / cooperation of the Service Partner: Any realisation takes place exclusively in accordance with statutory provisions (e.g., §§ 1233 et seq. BGB). If realisation is factually carried out by the possessing Service Partner, the Contractor may require that the Service Partner (i) carries out the realisation in compliance with law and (ii) pays out the proceeds—where an assignment/collection authorisation exists—for settlement to the Contractor.

§ 6 Liability and Warranty

(1) Liability for Brokerage Activity

The Contractor is liable for its own breaches of duty under the brokerage contract (e.g., negligent selection, transmission errors) only in cases of intent and gross negligence. For simple negligence, the Contractor is liable only for breach of essential contractual obligations (cardinal duties). In this case, liability is limited to the typical, foreseeable damage. Liability for injury to life, body or health remains unaffected.

(2) Exclusion for Third-Party Services

As the Contractor acts as broker, it assumes no liability for defective performance of services rendered by Service Partners (e.g., repair errors, damage to the vehicle during towing). Any warranty or damages claims must be asserted by the Client directly against the performing Service Partner. The Contractor hereby assigns to the Client, in advance, all notice-of-defect and recourse rights it may have against the Service Partner for this purpose.

(3) Exclusion of Consequential Damages

Liability for indirect damages and consequential damages, in particular lost profit, production downtime, demurrage/standstill charges, loss of freight revenue, contractual penalties owed to third parties, or other pure financial losses, is excluded to the extent legally permissible.

(4) Force Majeure

Force majeure events (war, natural disasters, pandemics, governmental orders) which render performance impossible release both parties from their obligation to perform for the duration of the disruption.

§ 7 Term and Termination

(1) Term

Each individual contract ends upon completion of the agreed service and full payment. Framework agreements may be terminated in accordance with the periods agreed therein.

(2) Termination for Cause

The right to extraordinary termination for good cause (e.g., insolvency of the Client, breach of material obligations) remains unaffected.

(3) Text Form

Amendments and additions require text form (§ 126b BGB).

§ 8 Dispute Resolution and Place of Jurisdiction

(1) Negotiation

The parties undertake to resolve disputes primarily through negotiations.

(2) Place of Jurisdiction

Exclusive place of jurisdiction for all disputes arising out of this contract shall—where the Client is a merchant—be the Contractor’s place of business (e.g., Bad Neustadt an der Saale).

(3) Applicable Law

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

§ 9 Use of Photo and Video Material

(1) Use for Case Handling (always permitted)

The Client grants the Contractor a non-exclusive, royalty-free right to store, reproduce and transmit the photo and video materials provided in the context of the enquiry/engagement, insofar as this is required for case handling, documentation, preservation of evidence, quality assurance and coordination with Service Partners.

(2) Anonymised Reference Use (opt-out / “fallback”)

To the extent that materials are fully anonymised (in particular without licence plates, faces, clear location/time/company identifiers and without other identifying features), the Contractor may use anonymised excerpts as references (e.g., case study/portfolio) after completion of the breakdown case. The Client may object to such reference use at any time in text form, e.g., by message “REF NO” or by e-mail; upon receipt of the objection, no further reference use shall occur. The lawfulness of uses already made remains unaffected.

(3) No anonymisation / personal reference → only with explicit approval

If materials contain personal data or identifying features, any use for reference/marketing purposes is permissible only with explicit approval in text form (e.g., “REF YES”).

(4) Editing, AI-assisted anonymisation, derivatives

The Contractor is entitled to technically edit, shorten and anonymise materials, including AI-assisted anonymisation, provided that no identifying features remain and no re-identification is intended. Reference use occurs exclusively under the conditions set out in paragraphs (2) and (3).

(5) Warranty of Rights / Indemnity

The Client warrants that it is authorised to forward and license the submitted materials. The Client shall indemnify the Contractor against justified third-party claims insofar as such claims are based on the Client lacking the required rights.

Status: 09 January 2026