General Terms and Conditions for the use of the caravanmarkt24.de platform

I. Scope of application

The General Terms and Conditions ("GTC") govern the use of the website www.caravanmarkt24.de.
These GTC come into force for all users upon registration.
If changes are made to these T&Cs, existing users will be informed of the new T&Cs via the email provided during registration or the next time they visit the caravanmarkt24.de website. If they do not agree to the new GTC, their access to the website may be restricted in whole or in part.

II. Use of the platform

P&O Autoauktionen GmbH, with its registered office at Mühlenstraße 8 A in 14167 Berlin, HRB 227292 B Amtsgericht Berlin ("Operator"), provides a brokerage platform (hereinafter "Platform") for the sale of used and new vehicles, in particular motorhomes, caravans and similar vehicles, at the Internet address www.caravanmarkt24.de. The Operator is responsible for providing the Platform.
By making the platform available, the operator is merely acting as an intermediary. The Operator itself does not offer vehicles for sale and, in particular, does not become a contractual partner of the purchase contracts concluded exclusively between the users of this platform.
The operator guarantees the operational readiness of the platform in accordance with the provisions of these GTC. If an unforeseen system failure (understood as a malfunction of the platform that prevents bids from being placed) hinders the use of the platform, users will be informed as soon as possible. If auctions end during a system outage, all auctions that expire during or in the hour following the end of the system outage will be extended by 24 hours.
Adjustments, changes and additions to the contractual platform as well as measures that serve to identify and rectify malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
The basic functions of the platform are monitored on a daily basis. Monitoring of the functionality of the platform is generally guaranteed from Monday to Friday 09:00 - 17:00. In the event of serious errors - the use of the platform is no longer possible or seriously restricted - maintenance shall be carried out within 48 hours of the operator becoming aware of or being informed of the error.
The operator is entitled to temporarily restrict its services if this is necessary for the (improved) functionality, security and/or adaptation of the platform ("maintenance work"). As far as possible, maintenance work and the expected duration will be announced at least 3 days before it is carried out.

III Registration, blocking and termination of the user account

The use of the platform requires registration and login as a user.
Only commercial used and new vehicle dealers, in particular those specializing in the motorhome and caravan market, are entitled to register as buyers, hereinafter referred to as "buyers", "bidders" or "highest bidders". Proof of status as a vehicle dealer must be provided by means of appropriate documentation (e.g. business registration). The operator will check the admissibility of a registration on the basis of the documents and data submitted and, in the positive case, will activate it. There is no entitlement to activation. The operator will not grant access to bidding to consumers or other traders who have no connection to the vehicle trade.
All those who wish to place used or new motorhomes or caravans or similar vehicles for sale on the platform, hereinafter referred to as "sellers", are entitled to register as sellers.
The data requested during registration must be complete and correct. If this data changes over time, the user is obliged to update the information before participating in an auction.
Upon registration and activation of the user account, a contract for the use of the platform is concluded between the operator and the user.
Both the operator and the user can terminate this contract of use at any time with a notice period of 7 days. After termination has been declared, the possibility of placing new sales advertisements or being able to bid on such advertisements shall expire.
The operator may take measures such as blocking a user if there are indications that a user is violating legal regulations, the rights of third parties or these GTC. In particular, the operator may take measures if there are indications that a user is attempting to circumvent the auction, e.g. by trying to obtain the contact details of a buyer or seller in order to carry out a transaction outside the platform. If a buyer repeatedly defaults on the payment of commission invoices to the operator, the operator reserves the right to temporarily or permanently block a user account.

IV. Online advertisement creation

Sellers are entitled to place used or new motorhomes or caravans or similar vehicles for sale on the platform ("sales advertisement"). A seller has the opportunity to offer his vehicle for sale to a wide range of buyers from professional dealers as part of an online auction.
A sales advertisement is created by the seller himself and must be designed in accordance with the binding specifications on the platform. A seller can list any number of vehicles. Each vehicle corresponds to an auction or a sales advertisement.
The seller is solely responsible for the content of the sales advertisement. The seller is obliged to create his sales advertisement truthfully and completely. The seller guarantees theaccuracy of the information provided ,in particular information that may be of importance for the purchase decision of potential buyers (e.g. defects, missing documents, etc.). If the seller is already aware when the advertisement is created that, contrary to § VII Para. 1, it is not possible to hand over the vehicle within 15 days of acceptance of the bid, the seller must state the earliest possible handover when creating the sales advertisement.
Changes are generally no longer possible after publication of the sales advertisement. If changes are necessary due to incorrect information, the seller must contact the operator immediately. The operator will check these changes and, if necessary, adjust them in the sales advertisement if they appear relevant and legitimate for the possible purchase decision. The operator will inform the bidders as soon as possible, taking into account normal business hours (Monday to Friday from 9 a.m. to 6 p.m.). The highest bidder (buyer) is entitled to revoke or confirm his bid due to the change. If the highest bidder revokes his bid or does not confirm his bid within 24 hours of notification, the auction will be restarted and all previously submitted bids will be deleted in order to protect the legitimate interests of all users and to maintain fair competition.
The operator is entitled to technically edit the advertisements for sale and other user content so that they can also be displayed on mobile devices.
Sales advertisements and other user content published on the platform do not represent the opinion of the operator. The sales advertisements are checked cursorily by the operator for obvious misrepresentations before they are published. This is done primarily on the basis of the registration certificate part 1 to be uploaded or another official document (registration certificate part 2, HU report, COC document / certificate of conformity or similar) and, if necessary, by obtaining essential information from the seller in writing.
If the registration certificate part 1 or another official document is missing, the operator will decide individually whether the sale advertisement will be activated for the auction.
The Operator is entitled to refuse to publish a sales advertisement at its own discretion and without giving reasons or to make it dependent on the seller adapting it beforehand in accordance with the Operator's specifications.
The examination of a sales advertisement by the operator shall not result in the operator being liable for its content.
The seller undertakes to sell his vehicle at the minimum selling price he has set himself as soon as this is at least reached or exceeded by a bid from a bidder in the auction.
The seller undertakes to provide the buyer with ownership of the vehicle sold no later than 15 days after the knockdown. The transfer of ownership shall be effected by handing over the vehicle with all associated documents, in particular registration certificate Part I and Part II as well as all existing vehicle keys. The parties may agree a different deadline.
If a buyer is ultimately unable to take delivery of the vehicle because the seller has sold it to a third party despite having been awarded the contract and is therefore no longer able to procure ownership, the operator shall not be liable for this case.

V. Procedure of the online auction, binding declarations and conclusion of contract

An online auction ("Auction") in accordance with this section begins when the advertisement for sale is placed and published (activated) by the Operator.
The auction is not an auction within the meaning of § 156 BGB. From a legal point of view, purchase contracts can be concluded between the seller and buyer by offer and acceptance in accordance with §§ 145 ff. BGB and in accordance with the following provisions.
If a seller places an advertisement for sale, this constitutes a binding offer. The offer is addressed to the highest bidder who has offered at least the specified minimum selling price within the bidding period of the auction. The seller must set a binding minimum selling price. The duration of the auction is determined by the operator in connection with the cursory examination of the advertisement and is usually up to 24 hours, but a maximum of 48 hours from the time of activation by the operator.
Once the sale advertisement has been activated and the auction has begun, it is generally no longer possible to make changes to it. For the rest, § IV para. 4 applies.
In principle, a seller has no right to premature termination of an already running auction or to shorten or extend it. The operator may terminate an auction prematurely in individual cases if the seller has presented special circumstances that make premature termination necessary. If a bid has already been placed on the seller's current auction at the time the shortening, extension or termination requirement is checked, a shortening, extension or premature termination is excluded.
The seller is not permitted to sell the vehicle elsewhere or in the meantime as long as it is in the auction (usually up to 24 hours, but no longer than 48 hours from the time it is activated by the operator).
A buyer can bid on sales advertisements in the auction. This is a binding declaration of intent which is valid until the end of the online auction. An existing bid expires if a higher bid is placed by the end of the online auction. The highest bid up to the end of the bidding period is the declaration of acceptance within the meaning of §§ 147 ff.BGB, provided that at least the minimum selling price has been reached. If it is the highest bid and the minimum selling price has not been reached, the offer shall continue to apply for the first phase or first round of the online renegotiation (see § VI).
A buyer may place an unlimited number of binding bids (so-called "direct bids") for a specific vehicle during the term of an online auction. If the bidder submits more than one bid (direct bid) for the same vehicle, only the highest bid (direct bid) will be considered.
In addition to a fixed bid (direct bid), the buyer can also place a maximum bid in an auction, which is executed via a programmed bidding agent. Based on the fixed bid (direct bid) of the buyer, the bidding agent will outbid bids of other buyers on this sale advertisement by € 100.00 until the maximum bid specified by the buyer is reached. For clarification: If the buyer bids an amount of € 20,000 by direct bid and a maximum amount of € 25,000 by bidding agent, the bidding agent will outbid all bids of other buyers from € 20,100 up to € 24,900 by € 100 each, up to a maximum of € 25,000, during the term of the sale advertisement. This applies accordingly in the event that several buyers have each placed maximum bids on the same sale advertisement via bidding agents. The maximum bid remains hidden from other users.
Bid increments are made in € 100 increments.
A bid from a bidder can only be deleted by the operator if it was obviously placed incorrectly (e.g. the bid was inadvertently placed one figure too high, e.g. € 500,000 was bid instead of € 50,000). However, the bidder is not entitled to have an incorrect bid deleted by the operator.
The last 30 seconds of each auction are referred to as the "hot bid phase". During the hot bid phase, the last 30 seconds restart for each new bid placed until the last bid has been placed. If no bid is placed during the hot bid phase, the auction ends at the end of the specified duration and the bidding phase ends.
At the end of the auction (after the end of the regular bidding period), a binding contract for the purchase or sale of the advertised vehicle is concluded between the seller and the highest bidder, provided the latter has submitted a bid equal to or higher than the minimum selling price ("award of contract"). Otherwise, the parties waive the right to make separate declarations in this regard.
Notwithstanding para. 13 of this paragraph, an auction is terminated prematurely before the end of the regular bidding period by a so-called "Buy It Now" if a bidder buys a vehicle within the regular bidding period using the "Buy It Now" option (corresponding button) and thus bids the minimum sale price set by the seller. The buy-it-now option for a bidder expires as soon as a direct bid or a bid via bidding agent has been placed on this auction during the regular bidding period. If a buy-it-now bid is placed, a binding contract for the purchase or sale of the advertised vehicle is concluded between the seller and the "buy-it-now" buyer. Otherwise, the parties waive the right to make separate declarations in this regard. The regulations that are linked to the acceptance of the bid shall apply accordingly in the case of the "Buy It Now" offer.
When the bid is accepted, a purchase contract is automatically generated via the platform, the provisions of which are binding for both parties.
If, after the end of the auction, the highest bid is below the minimum selling price requested by the seller, no contract is initially concluded.

VI Online renegotiation / re-advertisement

If no contract is concluded at the end of the auction within the meaning of the above paragraph, an "online renegotiation" follows. During an online renegotiation, the seller and the highest bidder have the voluntary opportunity to reach an agreement on price.
This renegotiation takes place exclusively online via the platform.
If the minimum selling price of an auction has not been reached, the last highest bid is sent to the seller electronically via the platform when the auction ends, thus automatically initiating the online renegotiation.
The seller can accept or reject this highest bid or submit a "counter offer". The platform sets a fixed deadline for this, which expires at 10 p.m. on the day the auction ends. This deadline can be extended by the operator until 10 p.m. on the following day (working days only) at the latest if the seller can present special circumstances for this. However, there is no entitlement to an extension of the deadline.
Any counter-offer by the seller may not be higher than his previously set minimum selling price.
The highest bidder shall be informed by the platform at the end of the auction that he was the highest bidder, that the minimum selling price set by the seller was not reached and that the online renegotiation was initiated with his last highest bid.
If the seller then sends a counter-offer in accordance with paragraph 4 of this section, the highest bidder may accept or reject this new counter-offer or submit a new counter-offer. A "counter-offer" by a seller or highest bidder is binding and valid until 12 noon of the following working day. This paragraph applies to all counter-offers submitted electronically by sellers or highest bidders via the platform.
A counter-offer sent cannot be withdrawn and remains binding until the expiry of the respective deadline.
In the online renegotiation, the parties can renegotiate via the portal until a price has been found at which both parties agree to the transaction or until one party rejects the last counteroffer submitted. A binding contract is concluded when the last counter-offer submitted in the renegotiation is accepted. However, if a party rejects an existing counter-offer or if the specified deadline expires without a response, the online renegotiation has failed and no contract is concluded.
If an online renegotiation has failed or if an auction has ended without any bids being placed during the regular bidding period, the seller is entitled to start a new auction round for his vehicle free of charge (via the corresponding button). If the seller wishes to hold a new auction for the same vehicle, the minimum selling price from the previous auction must be reduced by at least 5%. A new auction round for the same vehicle corresponds to a "new advertisement". There is no entitlement to new auction rounds; activation is at the discretion of the operator.
If the online renegotiation fails in accordance with paragraph 9 of this section, the highest bid last submitted by the bidder or its bidding agent or the counteroffer last submitted by the bidder from the online renegotiation shall continue to be binding for the next 72 hours (so-called "archived" highest bid or "bid archiving"). If a bidder has used a bidding agent to submit a bid, the bidding agent or the maximum bid set in the bidding agent is not archived and the bidding agent is deleted by the operator. The counting time for the 72-hour period begins immediately at the time of failure of the online renegotiation. The seller and bidder are informed electronically by email and via the platform that the bid has been archived.
If the seller then places his advertisement for sale in a new auction round in due time in accordance with paragraph 10 of this section, a new auction round is automatically and immediately started by the platform and the archived highest bid of the highest bidder is immediately placed as a direct bid in accordance with section V paragraph 7 ff.
An archived highest bid of a bidder in the same amount for a specific sale advertisement can only be archived once.
If the seller places his advertisement for sale in an auction round again in accordance with paragraph 12 of this section in order to secure the archived highest bid, the seller does not have to reduce the previous minimum selling price by at least 5% in accordance with paragraph 10 of this section if the archived bid is higher than a corresponding reduction.
If the Seller starts a new auction round with an archived bid in due time in accordance with subsection 12 of this section and the Seller subsequently discovers that the object of sale has deteriorated while the auction round is still running or has already expired, the Seller shall inform the Operator as soon as possible so that the Operator can irrevocably delete the archived bid of the highest bidder, whereby the highest bidder's commitment to this archived bid expires immediately.

VII Vehicle handover, payment of purchase price

The seller is obliged to transfer ownership of the vehicle sold to the buyer within 15 days of the acceptance of the bid. The buyer undertakes to collect the purchased vehicle himself or have it collected from the seller within 15 days of the acceptance of the bid. The transfer of ownership shall be effected by handing over the vehicle with all associated documents, in particular registration certificate Part I and Part II as well as all existing vehicle keys. If the seller is already aware in advance that it will not be possible to hand over the vehicle within 15 days of acceptance of the bid, notwithstanding sentence 1 of this paragraph, the seller must specify the earliest possible handover when preparing the sales advertisement.
The parties may agree on a different deadline for the transfer of ownership in deviation from subsection 1 of this paragraph.
If the vehicle or the registration certificate Part II is not owned by the seller, e.g. due to ongoing financing/leasing, the seller shall submit written proof from the collateral taker no later than the handover of the vehicle, stating where the purchase price is to be paid (in full or in part), so that the collateral taker sends the registration certificate Part II to the buyer.
The operator recommends that the buyer inspects the vehicle purchased at auction before payment is made (generally on site at the seller's premises).
The buyer undertakes to pay for the vehicle in full before or at the latest on collection. The method of payment (cash, bank transfer) shall be agreed between the parties. Payment of the vehicle only after collection is excluded.

VIII Costs for buyer and seller, brokerage commission, invoicing

The use of the platform is basically free of charge for buyers and sellers.
A seller does not pay any fees, commissions or other costs, regardless of whether his vehicle is auctioned or not.
A buyer pays a commission to the operator for brokering a vehicle once the bid has been accepted. The brokerage commission is 1.5% net (plus the currently applicable VAT) of the hammer price. If the buyer fulfills the requirements for intra-Community acquisition in accordance with § 1a UStG, the invoice will be net.
An electronic invoice is automatically generated when the bid is accepted. The buyer acknowledges that each invoice will only be provided electronically; the buyer will not receive a paper invoice. The invoice can be accessed online at any time. The buyer acknowledges that the operator will not carry out subsequent invoice and purchase contract corrections due to a renegotiated purchase price between seller and buyer for auctions that have already expired.
The invoice is due for payment within 3 days of taking delivery of the purchased vehicle. The seller and buyer undertake to inform the operator of the successful handover upon request.
The Operator's entitlement to payment of the commission by the buyer shall lapse if one of the parties effectively withdraws from the contract. This does not apply to the seller's withdrawal from the contract due to a culpable breach of duty by the buyer. In the event of a culpable breach of duty by the buyer, in particular failure to accept or pay for a vehicle purchased via the platform, the operator reserves the right to claim the full amount of the lost brokerage commission from this legal transaction from the buyer. The buyer is entitled to prove to the operator that the damage is lower.
In the event of a culpable breach of duty by the seller, in particular if the seller sells the listed vehicle prematurely, i.e. during the auction period (up to a maximum of 48 hours after the start of the auction) or the renegotiation phase (up to 48 hours after the end of the regular auction period) and is therefore no longer able to deliver the vehicle to the buyer, the operator reserves the right to claim the full amount of the lost brokerage commission from this legal transaction from the seller. The seller is entitled to prove to the operator that the loss is lower.

IX. Warranty and liability of the seller, rights of withdrawal

The advertised vehicle is sold to the exclusion of liability for material defects and defects of title, for defects in digital products and goods with digital elements, unless otherwise agreed or emphasized in this clause.
The above exclusion of liability does not apply to:
1. guarantees expressly declared in writing by the seller,
2. Damage caused by an intentional or grossly negligent breach of duty by the seller or its vicarious agents,
3. damages due to culpable breach of essential contractual obligations (essential contractual obligations are understood to be those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), whereby liability in this case is limited to the amount of typically foreseeable damage and/or
4. for damages resulting from injury to life, limb or health.
The buyer and seller shall be entitled to withdraw from the contract if, during the inspection or on-site inspection at the seller's premises, i.e. when the vehicle is handed over, a deviation of the actual condition (corresponds to the binding information provided by the seller in the sales advertisement) from the target condition (corresponds to the actual condition on site after inspection by the buyer) is found, for the elimination or restoration of which the seller is liable. The buyer is entitled to rescind the contract if the seller is unable to reach a mutual agreement on an adjusted or lower purchase price (in a renegotiation "on site").
The buyer is entitled to withdraw from the contract if the seller does not fulfill his obligation to procure ownership within the agreed period or within a reasonable grace period to be set by the buyer.
The seller is entitled to withdraw from the contract if the buyer does not fulfill his obligation to collect and take over the vehicle and to pay the purchase price either within the agreed period or within a reasonable grace period to be set by the seller.

X. Liability of the operator

The seller is solely liable for the content and legality of an advertisement.
The operator is not liable for the fulfillment of mutual obligations arising from concluded sales contracts.
The operator shall be liable to the parties without limitation in the event of intent and gross negligence, but only for slight negligence in the event of a breach of cardinal obligations (i.e. those contractual obligations whose fulfillment is essential for the proper execution of the respective contract and on whose compliance the seller or buyer or third party regularly relies and may rely). Liability in the event of a breach of such a cardinal obligation is limited to the damage typical of the contract, the occurrence of which the operator had to expect at the time of conclusion of the contract due to the circumstances known at that time. Any further liability is excluded.
The above limitations of liability also apply in favor of the operator's vicarious agents.
The above limitations of liability in this section do not apply to damages resulting from injury to life, limb or health that are based on a negligent breach of duty by the operator or an intentional or negligent breach of duty by a legal representative or vicarious agent of the operator. The limitations of liability also do not apply if the operator has fraudulently concealed a defect or has assumed a guarantee for the condition of a vehicle and for claims of the operator under the Product Liability Act.

XI Final provisions

Should any provision of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The same applies in the event that a loophole is found in these GTC. The invalid provision shall be replaced or the loophole filled by a valid and enforceable provision that comes closest in legal and economic terms to what the contracting parties intended or would have intended according to the meaning and purpose of these GTC if they had considered this point when concluding the contract. If the invalidity of a provision is based on a measure of performance specified therein (e.g. time, deadline or date), the provision shall be agreed with a legally permissible measure that comes closest to the original measure.
These GTC, the contract on the use of the platform and the purchase contracts concluded between the seller and buyer via the platform are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the provisions of international private law.
The place of jurisdiction for disputes between the operator and users is Berlin, unless the user is a consumer. The operator is also entitled to sue the buyer at his place of business.

Version 11.03.2024

Purchase contract (sample)

Between

[Data / details of the seller]

hereinafter referred to as "Seller"

and

[data / details of the buyer]

hereinafter referred to as the "Buyer"

Seller and Buyer hereinafter also jointly referred to as the "Parties"

[Date of acceptance of bid]

I Purchase agreement

The Seller has advertised his vehicle on the caravanmarkt24.de platform (hereinafter referred to as the "Operator") with the binding details set out in Annex 1.
The buyer has acquired the vehicle at a purchase price or hammer price of € [hammer price].

II Vehicle handover, purchase price payment

The seller is obliged to provide the buyer with ownership of the vehicle sold within 15 days of the knockdown. The buyer undertakes to collect the purchased vehicle from the seller himself or have it collected within 15 days of the knockdown. The transfer of ownership shall take place by handing over the vehicle with all associated documents, in particular registration certificate Part I and Part II as well as all existing vehicle keys. If the seller has already specified a different handover period in the sales advertisement in accordance with Annex 1 (more than 15 days from the acceptance of the bid), this period shall apply to the transfer of ownership.
The parties may agree a different period for the transfer of ownership.
If the vehicle or the registration certificate part II is not the property of the seller, e.g. due to ongoing financing/leasing, the seller shall submit written proof from the secured party no later than the handover of the vehicle, stating where the purchase price is to be paid (in full or in part), so that the secured party can send the registration certificate part II to the buyer.
The operator recommends that the buyer inspects the vehicle purchased at auction before payment is made (generally on site at the seller's premises).
The buyer undertakes to pay for the vehicle in full before or at the latest on collection. The method of payment (cash, bank transfer) shall be agreed between the parties. Payment for the vehicle only after collection is excluded.
If not already done by the seller, the buyer is obliged to deregister the vehicle immediately, at the latest 7 working days after receipt of the registration certificates part I and II.

III Warranty and liability of the seller, rights of withdrawal

The vehicle is sold with the exclusion of liability for material defects and defects of title, for defects in digital products and goods with digital elements.
The above exclusion of liability does not apply to:
1. guarantees expressly declared in writing by the seller,
2. Damage caused by an intentional or grossly negligent breach of duty by the seller or its vicarious agents,
3. damages due to culpable breach of essential contractual obligations (essential contractual obligations are understood to be those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely), whereby liability in this case is limited to the amount of typically foreseeable damage and/or
4. for damages resulting from injury to life, limb or health.
The buyer and seller shall be entitled to withdraw from the contract if, during the inspection or on-site inspection at the seller's premises, i.e. when the vehicle is handed over, a deviation of the actual condition (corresponds to the binding information provided by the seller in the sales advertisement) from the target condition (corresponds to the actual condition on site after inspection by the buyer) is found, for the elimination or restoration of which the seller is liable. The Buyer shall be entitled to withdraw from the contract if the Seller is unable to reach an amicable agreement on an adjusted or lower purchase price (renegotiation "on site").
The buyer is entitled to withdraw from the contract if the seller does not fulfill his obligation to procure ownership within the agreed period or within a reasonable grace period to be set by the buyer.
The seller is entitled to withdraw from the contract if the buyer does not fulfill his obligation to collect and take over the vehicle and to pay the purchase price either within the agreed period or within a reasonable grace period to be set by the seller.

Confirmation of handover

The seller confirms that he has received the full purchase price in cash/cash equivalents himself or to a third party account specified by him.
The buyer confirms that he has inspected the vehicle and found it to be in accordance with the contract and agreement.
The buyer confirms that he has received all relevant or available documents and keys from the seller.
The buyer confirms the takeover of the vehicle.

Status 11.03.2024