Terms of Service

1. The Parties

1.1 The Seller (hereinafter referred to as the "Carrier"): OY Bahn Express Ab 3414813-4 Topeliuksenkatu 16 D 55 00250 Helsinki

1.2 Customer (hereinafter "Customer"): A user of the Service who has ordered a vehicle transfer from OY Bahn Express AB via an order form or other confirmed order. The contractor carrying out the vehicle transfer (hereinafter referred to as the "Carrier") is the person or company who carries out the service ordered by the Customer.

1.3 The Driver is either an employee of the Carrier or a subcontractor under contract to the Carrier (hereinafter referred to as the "Driver").

2. Description of the service

2.1 The Carrier undertakes to drive the Customer's vehicles (hereinafter "Vehicles" or "Cars") on the route from the country of departure to Finland. The Carrier shall obtain the relevant registration plates for the duration of the transport.

3. Prices and payment

3.1 The price of the transfer will be agreed with each Customer individually in advance. The price is based on the actual cost of the transfer.

3.2 The payment period is 14 days from the date of delivery of the vehicle to the Customer. The transport company is entitled to charge interest on arrears in accordance with the Interest Act (633/1982) in the event of late payment.

3.3 The basic vehicle transport service includes vehicle pick-up, transportation and drop-off. In addition, the Customer may, if they wish, order additional services to be specified separately.

3.4 The cost of transporting a vehicle is determined by the country of origin and the size of the vehicle. An initial transport price estimate is available on the Transport company's order portal. The final price will be confirmed on the invoice. Special cases, such as large vehicles or tire services, are priced separately.

4. Transport of the vehicle

4.1 The Customer shall inform the Carrier in good time, at least 1 working day before the transport, of the model, the VIN and other necessary information of the Vehicle to be transported.

4.2 The Customer declares that the vehicle is free of defects and can complete the entire journey without interruption. If the vehicle is damaged for reasons beyond the control of the Carrier or the Driver, the Carrier may assist in bringing the vehicle in for repair, but the Carrier shall not be liable for any damage to the vehicle.

4.3 If the vehicle breaks down during transport, the Driver is obliged to contact the Carrier. In this case, the Driver will be advised to order a towing service or, alternatively, the Carrier may arrange a tow to the nearest garage. The Carrier will ensure to its best effort that the breakdown is clarified with the insurance companies. The Carrier's insurance will cover the costs incurred to the Customer for reasons attributable to the Carrier or the Driver.

5. Insurance

5.1 For all deliveries within the European Union, the carrier insures the vehicles with local road insurance and is liable for any own damage directly in cash or through insurance.

5.2 The Carrier shall insure its other activities with appropriate liability insurance.

5.3 The Customer is advised to also insure the vehicle through the Customers inventory insurance.

6. Limitation of the transport undertaking's liability

6.1 The Carrier undertakes to use the Vehicle only for the purpose of the transfer. In principle, the vehicles will be moved by driving.

6.2 The carrier shall carry out a visual inspection of the vehicle to be moved and shall photograph the vehicle and any reasonably visible damage before departure.

6.3 It should be noted that if the car is dirty, covered with snow, ice or similar, previous damage may not be detected.

6.4 The Carrier is liable only for damage caused by its own staff and is not liable for technical defects or other breakdowns of the vehicle during the transfer, which are caused by the vehicle or by the previous driver's faulty or inadequate performance.

6.5 In the event of a road accident where the Carrier is deemed to have caused the damage and the vehicle being transported is damaged or redeemed, the damage will be compensated by the Carrier's insurance or directly in cash

6.6 The Carrier shall not be liable for stone chips or marks on the paintwork caused by normal use of the vehicle, or for tyre punctures. The Carrier is liable for dents and scratches caused by the Driver hitting another object such as a car, wall or similar. In the case of obvious glass damage, the Carrier will grant a one-off compensation of € 100 to the Customer. In the case of rock chips to the glass, the carrier will grant a compensation of 50 € to the customer. The customer is not entitled to claim additional compensation or other compensation in these situations.

6.7 The Drivers of the Carrier's service are the Carrier's staff or subcontractors approved by the Carrier.

6.8 The parties are not liable for delay or non-performance of contractual obligations in case of force majeure, which is an unforeseeable event beyond the reasonable control of the parties, such as natural disasters, war, acts of terrorism, pandemics, government regulations, industrial action or other similar exceptional circumstances. A Party invoking force majeure shall immediately inform the other Party. Performance of the contractual obligations shall be deemed to be suspended for the duration of the force majeure event and no liability for compensation shall arise from the delay.

6.9 The parties shall use their best endeavors to deliver the vehicle within the agreed timeframe. Although the aim is to meet the agreed schedule, the agreed delivery time cannot be guaranteed.

6.10 The liability of the parties for damage to or loss of the vehicle is limited to the value of the vehicle. The value of the vehicle shall be determined in accordance with the vehicle's contract of sale abroad. In the event that the insurance indemnity paid for the damage is higher than the value of the vehicle, the liability is limited to the indemnity received from the insurance. The parties are not liable for consequential damages such as loss of earnings, business interruption or other indirect losses.

6.11 The carrier shall be responsible for the documents provided at the time of pick-up and shall handle them in accordance with the customer's instructions. The carrier is not responsible for documents, accessories or the like which are not handed over by the transferor at the time of pick-up.

7. Limitation of the customer's liability

7.1 If the vehicle is not in a condition to be transferred or collected, the Carrier may cancel the transfer and charge the Customer the full cost of the pre-arranged transfer.

7.2 The Carrier's liability begins at the moment the car is handed over to the Driver for driving and ends at the moment the Driver delivers the car to the agreed destination.

7.3 The Customer must inspect the vehicle after delivery and report any complaints without delay. The complaint must be made in writing per email within one (1) working day after delivery at the latest. If the Customer does not make a claim within one (1) business day, the delivery shall be deemed accepted and no further claims shall be processed. If the vehicle has been given a test drive or has been used after delivery, the right to make a complaint shall immediately cease.

7.4 The Carrier will also deliver outside the opening hours of the delivery locations and assumes that deliveries are possible 24/7. If delivery is not possible, e.g. due to an incomplete key box, the carrier is entitled to charge a reasonable fee for additional work.

8. Confidentiality

The Parties undertake to maintain the confidentiality of any confidential information relating to each other's business which comes to their knowledge in the course of their cooperation under this Agreement. Confidential information means any information which is not publicly available or otherwise in the public domain. The parties shall use confidential information only for the purposes of the agreement and shall require their personnel and any subcontractors to respect this obligation of confidentiality. This obligation shall remain in force for a period of five years after the termination of the contract. The obligation of confidentiality shall not apply to information which the party can demonstrate is publicly available or which it has received from a third party without an obligation of confidentiality.

9. Terms and conditions

9.1 Additional terms and conditions contained in this Agreement may be drawn up by mutual agreement of the parties.

9.2 This Agreement shall be governed by Finnish law, excluding its conflict of law provisions. Disputes arising out of this Agreement shall be finally settled by arbitration in accordance with the Rules of Arbitration of the Central Chamber of Commerce. The seat of the arbitration shall be Helsinki, and the language of the arbitration shall be Finnish.

9.3 Transfers shall be agreed between the Parties by mutual consent. The transport company has the right to refuse the shipment. The agreement between the parties is valid for the duration of each shipment. A party has the right to terminate the contract immediately if the other party commits a material breach of contract and fails to remedy the breach within 30 days of receiving written notice. The contract may also be terminated immediately if the other party is declared bankrupt, liquidated or insolvent.

9.4 These Terms are valid for an indefinite period. They may be amended by notice.

9.5 In case of discrepancies or disputes between the language versions of this Agreement, the English version shall prevail.