Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR PIANO TRANSPORT AND TRANSPORT SERVICES

§0 Preamble

Piano Trans is a website owned and operated by Klavier Art e. U. Krastanka Mileva. These General Terms and Conditions (hereinafter referred to as the GTC) apply to all situations in which Piano Trans is directly involved. They govern the rights and obligations between the customer and Klavier Art e. U. Krastanka Mileva (also referred to in this document as the carrier, the supplier, Klavier Art e. U., as well as all semantically related definitions and pronouns that refer to services rendered for the transport of pianos, grands, and other goods).

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§1 Scope

These GTC apply to all orders. By placing an order, the customer confirms awareness of these GTC, expressly accepts them, and incorporates them in full into the contract. Silence on the part of the customer shall in any case be deemed consent. Any contractual terms or other business terms of the customer are ineffective and are excluded from the legal transaction at hand and from the entire business relationship.

These GTC apply to national and international carriage of goods by motor vehicle, whether for entrepreneurs or non entrepreneurs, performed by carriers who are members of the professional association for the carriage of goods (small carriers and licensed carriers, hereinafter collectively referred to as carriers), for all other activities of carriers that are not governed by the provisions of the CMR.

The GTC take precedence over any trade usage. Mandatory statutory provisions restrict their scope accordingly.

Consumers are persons to whom the Consumer Protection Act applies when placing an order. Consumers may be referred to by terms such as customer, as well as by all semantically related definitions and pronouns that refer to services for the carriage of pianos, grands, and other goods.

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§2 Duties of the Carrier

The carrier performs its services with the care of a prudent freight carrier and safeguards the interests of the customer.

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§3 Contract, Parties and Conditions of Order

The contract of carriage is concluded exclusively between the carrier and the customer. Drivers, subcontractors, or other persons accompanying the transport have no authority to enter into contractual agreements on behalf of the carrier.

An accepted transport request from the customer is deemed to constitute a binding contract of carriage. Acceptance of an order does not require only an explicit written confirmation but may also be established through the consistent course of communication between the carrier and the customer, from which it is unambiguously clear that the customer has accepted the offer and agreed to the terms. The absence of a fixed transport date does not mean that the order is not confirmed.

With the acceptance and confirmation of the order, including acceptance established in the manner described above, the customer is deemed to have read and acknowledged these General Terms and Conditions, accepted their legal effect, and agreed that they form the basis of the contract.

If the customer subsequently changes their decision in this context, the carrier is entitled to act in accordance with Section 6 of these GTC.

Correspondence conducted via email or other electronic messaging systems such as WhatsApp, Viber, Messenger, or similar electronic means shall be deemed official and shall have binding legal effect in court.

Changes or additions to the order, including additional orders, must be agreed exclusively with the carrier. Any such changes or other communications addressed only to employees, subcontractors, or accompanying staff do not bind the carrier.

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§4 Collection and Delivery of Goods

The carrier collects and delivers the goods in accordance with the contract of carriage. Unless expressly agreed otherwise, delivery is deemed completed when the goods are made available at the designated unloading point to the person responsible for unloading. At that point, unless otherwise agreed, the carrier’s liability ends.

If the delivery address is a dwelling or business premises in a building, delivery is deemed completed when the goods are made available at the entrance door, unless the customer has demonstrably made a different agreement with the carrier.

If the recipient is absent despite a fixed appointment or unreasonably refuses acceptance at the entrance door without agreement, a delivery obstacle arises and the carrier is entitled to unload immediately at the cost and risk of the customer (see Article 16 CMR). Agreements between the customer and their own contractual partner under the underlying sales or service contract have no effect on the carrier.

The carrier may consolidate the goods with those of other customers unless expressly instructed otherwise in writing.

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§5 Duty of Information of the Customer

The customer must provide the carrier with precise and complete information about the contents of the shipment at the time of order. This includes disclosure of valuables, cash, dangerous goods, or perishable goods.

Such information must be given directly to the carrier and not to drivers, subcontractors, or other accompanying personnel.

If the customer breaches this duty, they are liable for all resulting costs and damages. In such cases, the carrier’s liability is limited to intentional misconduct.

The carrier is entitled to immediately unload and store undisclosed valuables, cash consignments, dangerous, or perishable goods at the cost and risk of the customer.

If the transport is not carried out due to incorrect or incomplete information, the carrier’s freight claim remains valid.

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§6 Cancellation of the Carriage Order

Cancellations:

Local transports in Vienna and surroundings: up to 48 hours before the scheduled start.

National or international transports: up to 20 working days before the scheduled date.

If the planned service cannot be performed for reasons not attributable to the carrier, the customer must still pay the agreed amount in full.

Failure to comply entitles the carrier to the full agreed remuneration and reimbursement of all resulting costs and damages.

Cases of force nanure (fire, natural disasters, war, embargoes, strikes, etc.) are exempt.

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§7 Carriage Documents

The customer must provide the carrier with all necessary accompanying documents required for transport and compliance with customs and administrative regulations. The customer is liable for their accuracy and completeness.

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§8 Inspection of Contents, Quantity, and Weight

The carrier is entitled, but not obliged, to verify whether the shipment corresponds to the customer’s description. If discrepancies arise, an obstacle to carriage exists, and the customer must act immediately. Otherwise, the carrier may unload and store the goods at the customer’s cost and risk.

Entrepreneurs may face sale of goods under applicable law. Consumers are exempt from this right of sale.

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§9 Duties of the Customer

The customer alone is responsible for proper and secure packaging of the goods. Otherwise, they are liable for resulting damages regardless of fault.

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§10 Loading and Unloading

Goods must be loaded and unloaded by the customer, consignor, or recipient. Assistance by drivers or subcontractors is deemed action on behalf of the customer.

If not expressly agreed in writing before loading, the carrier is not responsible for loading and may charge a separate fee. Agreements with drivers or assistants do not bind the carrier.

For consumers, unloading is always the carrier’s duty unless otherwise agreed in additional written correspondence.

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§11 Overloading

The carrier must refuse loading if there is a risk of overloading. If the customer insists, the carrier may refuse the entire transport and may unload at the customer’s risk and cost.

If overloading is discovered later, the carrier may unload the excess weight immediately at the customer’s expense.

The customer remains liable for the entire freight cost and all additional expenses.

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§12 Loading and Delivery Deadlines

Deadlines and dates are non binding for entrepreneurs unless expressly agreed in writing.

If delays are caused by the customer, they must pay waiting time and damages.

Changes without written approval count as cancellations.

Refusal by the recipient obliges the customer to pay for return transport.

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§13 Load Carriers

The carrier is not liable for pallets or other load carriers and is not obliged to return them unless agreed, in which case costs apply.

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§14 Payment of Transport Price

Unless agreed otherwise, invoices and additional costs are payable immediately.

• Austria: by invoice transfer or cash, payable in advance or upon delivery.

• International: payable in advance in full.

Delays of more than 7 days incur late fees of 5 percent per reminder. Further non payment may lead to legal collection.

Official correspondence via email, contact form, Facebook, or WhatsApp is binding.

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§15 Exclusion of Set Off

The customer may not offset claims against the carrier unless expressly acknowledged in writing or confirmed by court judgment.

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§16 Lien and Right of Retention

The carrier has a lien and right of retention over goods for all outstanding claims until payment is secured.

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§17 Sale under Lien

The sale under lien is subject to the relevant statutory provisions. One week is granted before forced auction.

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§18 Liability Outside CMR

The carrier is liable for damages outside the CMR only in cases of intent or gross negligence. Indirect damages are excluded for entrepreneurs but not for consumers.

Notification of damages must be made in writing within 2 days.

Liability is excluded for damages caused by natural condition of goods, loading or unloading by the customer, or electronic data loss due to magnetic forces.

If the goods are insured, claims against the carrier are excluded.

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§19 Jurisdiction

In commercial transactions, jurisdiction lies with the carrier’s registered office.

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§20 Limitation

All claims expire within 3 months unless mandatory law provides otherwise.

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§21 Special Delivery Conditions for Certain Piano Brands

Special conditions apply to Steinway, Bechstein, Grotrian Steinweg (after 1980), Steingraeber & Sons (after 1980), Fazioli, Bösendorfer (after 1980), and Yamaha grands over 200 cm.

Steps:

• up to 4 = half a floor

• 5–14 = one floor

• spiral staircases = plus 50 percent per floor

Prices may be adjusted on site if floor count differs.

Klavier Art reserves the right to subcontract transport.

Insurance covers property damage caused during transport but not the piano itself. Pianos must be insured separately.

Complaints are valid only if raised immediately in the presence of the transport team. Later claims are excluded.

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§22 Request and Confirmation of Offer

The customer must provide all requested details. If incomplete, the carrier may amend the offer or adjust the price during transport.

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§23 Data Protection

The carrier may collect, store, and process customer data and forward it to authorities if legally required.

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§24 Miscellaneous

If any provision is invalid due to mandatory statutory provisions, the remainder of the contract remains unaffected. Invalid clauses are replaced by mandatory law.

These GTC also apply to piano transport and relocation in Switzerland and abroad.

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§25 Piano Transport Calculator

By submitting a request via the calculator, the user accepts the following.

• Results depend on user input. Klavier Art is not liable for errors.

• Estimates are not binding. Final price requires confirmation by Klavier Art.

• Prices for international transport apply to groupage, not individual shipments.

• Submitting a request does not constitute a booking. Confirmation will follow separately.

Excluded costs:

1. Customs, import taxes, CITES, or similar documentation

2. Crane services for pickup or delivery

3. Ferry charges or tolls

Klavier Art e. U. Krastanka Mileva is not responsible for typographical or technical errors in these terms or on the website www.pianotrans.at