Terms and conditions
As of January 26, 2024
In the following, we describe the general terms and conditions that apply within the framework of contracts and negotiated services via the platform kfzportal24.de between the parties:
H&B kfzPortal24 GmbH
Steinhöft 9
c/o Ruby Hans Workspaces
20459 Hamburg
Germany
E-Mail-Adresse: support@kfzportal24.de
Hereinafter referred to as "kfzportal24"
and the customer specified in section 1.2 of the contract
Hereinafter referred to as "customer"
1. Scope of Application
1.1 For the business relationship between kfzportal24 and the customer, only the following General Terms and Conditions in their valid version at the time of the order apply. Deviating general terms and conditions of the customer will not be recognized unless kfzportal24 expressly agrees to their validity in writing in advance.
1.2 The customer is a consumer to the extent that the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership capable of acting in the exercise of its commercial or self-employed professional activity when concluding the contract.
2. Service Description / Conclusion of Contract
kfzportal24 offers the online service where, on behalf of the customer, it sorts, checks, and submits the necessary documents for vehicle deregistration to the relevant vehicle registration office or the Federal Motor Transport Authority (KBA). To provide the service, the customer must provide kfzportal24 with correct, truthful, and pre-checked information and data at the time of contract conclusion. In this regard, reference is made to the provided deregistration form. The customer additionally confirms having checked before contract conclusion that the vehicle can be deregistered online. This means, in particular, that the last vehicle registration was made after December 31, 2014, and the necessary security codes for deregistration are present on the vehicle registration certificate and both license plates. If this is not the case and the service is still used, online deregistration is not possible, and the contract cannot be executed by kfzportal24.
2.1 Transmission of the necessary customer deregistration data. By using the payment button on the deregistration form, the customer submits a binding application for kfzportal24 to transmit the deregistration application to the respective competent registration authority. Before transmitting the data or submitting the deregistration application, the customer can change and view the data at any time. The deregistration application can only be sent to kfzportal24 by confirming the terms and conditions.
2.2 After successful transmission of the data to kfzportal24, an automatic data check takes place. The customer then receives an automatic acknowledgment of receipt via email, documenting the order. This does not yet constitute acceptance of the contract by kfzportal24. The contract is only concluded when kfzportal24 submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than the completion of the order, the contract text (consisting of order, terms and conditions, and order confirmation) will be sent to the customer by email (contract confirmation). The contract text is stored while respecting data protection.
2.3 The conclusion of the contract, unless otherwise documented, is in the German language.
3. Subject Matter of the Contract
3.1 The customer requests the online deregistration of his vehicle for private purposes. The subject of this contract is services from kfzportal24 regarding the deregistration of the customer's vehicle with the competent registration authority or the KBA.
3.2 The vehicle deregistration service is managed and offered by different registration authorities. In the case of vehicle deregistration, a contract is concluded between the customer and the appointed registration authority or the KBA. In this case, kfzportal24 does not act as a contracting party but acts as a representative (§ 164 BGB) for the customer.
3.3 The customer instructs kfzportal24 to make all necessary statements and data transmissions to the respective competent registration authority or the KBA.
4. Services
Kfzportal24 undertakes to provide the following services to the customer:
4.1 Application for the deregistration of the customer's vehicle with the competent road traffic authority.
4.2 In this process, kfzportal24 has no influence on the execution, delays, or rejections by the respective registration authority or the KBA. If the registration authorities declines the online de-registration, Kfzportal24 will have to decline the service. In this case the funds will be fully refunded to the customer, of course.
4.3 Kfzportal24 will attempt to correct erroneous data independently or in cooperation with the customer. If this is not possible, the contract is concluded with the transmission of the erroneous data.
4.4 All additional functions offered free of charge, such as the information to the insurance company, do not provide any legal protection and the customer is obliged to check the termination and information independently and to supplement it if necessary.
5. Customer Obligations
To fulfill the contract, kfzportal24 needs customer data and documents. This means:
5.1 The customer is obligated to provide kfzportal24 with the necessary documents and data for contract fulfillment.
5.2 The customer is obligated to cooperate to a reasonable extent in measures necessary for the deregistration of the vehicle.
5.3 For the purpose of contract fulfillment, the customer is obligated to pay the fees that kfzportal24 has for the deregistration service in advance.
5.4 The customer is obligated to pay kfzportal24 the remuneration owed for the service in accordance with clause 6 of this contract.
5.5 The customer is obligated to properly invalidate the vehicle registration certificate (Part I) and the license plates. This must be proven to kfzportal
24 or the registration authorities if necessary.
5.6 The customer confirms at the conclusion of the contract that the vehicle has not been scrapped.
5.7 The times specified for regular and express orders can only be adhered to by us if the data provided is correct. In the case of an express order, the express fee of €4.90 is automatically refunded if there is a delay caused by a third party beyond the time frame offered. An express order can currently only be offered from Monday to Saturday between 8 am - 6 pm. Express orders after 6 pm can not be guaranteed to be processed on the same day and will, if not possible, be processed the next working day in the morning.
6. Customer Information Necessary for Contract Fulfillment
6.1 The following data is necessary for the successful de-registration of the vehicle at the registration authorities. This must be truthfully transmitted to kfzportal24 by the customer.
- The complete license plate of the vehicle to be deregistered
- The vehicle identification number (VIN) of the vehicle to be deregistered
- The seven-digit security code from the registration certificate (Part I) of the vehicle to be deregistered
- The three-digit security codes from all license plates of the vehicle to be deregistered
- Information on whether the license plate should be reserved for the vehicle
- A valid email address to which kfzportal24 and service providers can send invoices, receipts, and information
6.2 If additional information is required during the de-registration process, kfzportal24 will contact the customer directly via email.
6.3 The customer is obligated to inform kfzportal24 promptly of any changes to the provided data at team@kfzportal24.de.
6.4 If the customer does not conclude or fulfil the contract due to incorrect data and claims a refund, a processing fee of €9.90 will be retained.
6.5 The customer confirms to deregister the vehicle legally and to have the authorisation of the vehicle owner for the de-registration. Kfzportal24 does not act on behalf of the customer.
7. Indemnification
7.1 If third parties hold kfzportal24 liable for possible legal violations resulting from the de-registration of the vehicle, the customer is obligated to indemnify kfzportal24 from any liability and reimburse kfzportal24 for the costs incurred due to the claim. In the event of a claim, kfzportal24 will promptly inform the customer.
7.2 The indemnification obligation for costs particularly includes the obligation to indemnify kfzportal24 from necessary legal defense costs (e.g., court and attorney costs).
8. Payment Arrangements
8.1 The prices stated on the website and in the de-registration process include the respective applicable statutory value-added tax.
8.2 The customer undertakes to pay the costs in advance as part of the conclusion of the contract.
8.3 The lump-sum fee according to 8.1 must be paid in advance upon conclusion of the contract.
9. Term of Contract
9.1 This contract is initially concluded for an indefinite period and can be terminated by both parties with the statutory notice period of 14 days at the end of a calendar month. Termination requires a written declaration under §126b BGB.
9.2 The right to terminate for good cause remains unaffected. An important reason for terminating this contract exists for kfzportal24 if:
- the customer persistently breaches his obligations under §5 of this contract,
- the road traffic authority rejects the de-registration of the vehicle
- despite warning and setting a deadline, the customer does not fulfill his payment or information obligations under this contract.
9.3 Kfzportal24's obligations only arise when the customer has fully fulfilled his payment obligations from §8.
10. Final Provisions
10.1 This contract is exclusively subject to German law, excluding the UN Sales Convention.
10.2 If the customer is a merchant, Hamburg is agreed upon as the place of jurisdiction for all disputes arising from or in connection with this contract.
10.3 Changes and/or additions to this contract require text form (§ 126b BGB).
10.4 If individual provisions of this contract are or become invalid or ineffective due to a later circumstance, the validity of the contract as a whole remains unaffected.