The Terms and Conditions of the online platform Auto Lift provided below (hereinafter – the Terms) establish the main operating principles of this platform, as well as the rights and obligations of its users.
Before starting to use the online platform Auto Lift, it is mandatory to carefully read the Terms and agree to them.
Agreement to the Terms is expressed electronically when the Platform user creates an account/or starts using the services offered on the platform.
MAIN DEFINITIONS
Company – LuxTrans S.A.R.L., registration Nr. B 227977, registered address 23 rue Jean Pierre Sauvage, L-2514 Luxembourg.
Shipper – any individual or legal entity requesting vehicle transportation services via the Platform.
Carrier – any individual or legal entity offering vehicle transportation services via the Platform.
User – any person accessing the Platform (includes both Shippers and Carriers).
Account – an account in the Platform, assigned to the User, constituting a digital record that identifies a specific user and ties that user to their data, settings, and permissions within the application.
Shipment Request – a vacant cargo offer for transportation of one or more vehicles listed on the Platform by the Shipper.
Bid – a binding financial quote to transport the Shipment submitted by the Carrier.
Order – an accepted Bid by the Shipper.
Platform – the digital B2B internet marketplace AutoLift provided by the Company to connect Shippers and Carriers.
CMR Insurance – an insurance covering the Carrier’s legal liability for loss of, damage to, or delay in the delivery of Goods during international carriage by road, in accordance with the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) signed at Geneva on 19 May 1956, and any subsequent protocols or amendments thereto.
Shipment – the specific vehicle(s) identified in the Order to be transported by the Carrier. This definition includes the vehicle itself, its keys, and the official documentation required for transport.
Shipment Price – the total monetary amount payable by the Shipper for the transportation services. This amount is all-inclusive, comprising both the Carrier’s payout and the Platform Service Fee.
Platform Service Fee – the commission fee retained by the Company for the use of the Platform, calculated as a percentage or fixed amount included within the Shipment Price.
Carrier Payout – the monetary amount transferred to the Carrier by the Company after the deduction of the Platform Service Fee from the Shipment Price.
Personal data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Privacy Policy – a statement on the Platform outlining how the app collects, uses, processes, and protects user personal data in compliance with GDPR and applicable laws.
NATURE OF SERVICES
The Company acts strictly as an intermediary in the transportation process. The Company is not a transportation carrier or freight forwarder. The Company provides the technical solution to match Shippers with Carriers via the Platform.
The actual contract for the transportation of the vehicle is concluded directly between the Shipper and the Carrier. The Company is not a party to this transport contract.
REGISTRATION AND VERIFICATION
Registration of an Account in the Platform requires filling in a registration form available at the Platform.
To use the Platform, Users must create an account providing accurate, current, and complete information
During account registration, the User accepts these Terms and thus confirms agreement to all the provisions of these Terms.
To use the Platform, Users need a device with the internet connection, an email account, and a web browser.
It is forbidden for the Users to deliver illegal Shipments on the Platform.
Because Carriers take possession of high-value Shipment, they must undergo a rigorous, multi-step verification process. A Carrier account will only be activated upon the successful completion of the following obligations:
If the Carrier is a legal entity it must upload to the Platform a valid Company Registration Certificate (or equivalent extract from the Commercial Register) proving the company is active. If the Carrier is a sole trader, he/she must upload to the Platform a valid Business License/Certificate of Self-Employment and a government-issued ID (Passport or National ID Card) of the owner.
The Carrier must provide a valid VAT number (if applicable) for tax invoicing purposes.
The Carrier must provide a valid phone number to the Platform.
The Carrier must provide a valid email address to the Platform that will be verified by a confirmation link.
The Carrier performing cross-border vehicle transportation services within the European Union must upload to the Platform the valid Community license.
The Carrier performing domestic vehicle transportation services must upload to the Platform the relevant national Transportation License.
The Carrier must upload a valid CMR Insurance policy for Carrier’s Liability. The policy must cover at least the minimum liability under the CMR Convention (8.33 SDR/kg) or a specific monetary value (e.g., €100,000 per incident) as determined by the Company. The Carrier is responsible for updating renewed policies before the current one expires. Failure to do so will pause the Carrier’s ability to accept new Orders.
To prevent fraud and ensure the lawfulness of shipments, a Shipper account will only be activated upon the successful completion of the following obligations:
If the Shipper is a legal entity it must upload to the Platform a valid Company Registration Certificate (or equivalent Extract from the Commercial Register) proving the company is active. If the Carrier is a sole trader, he/she must upload to the Platform a valid Business License/Certificate of Self-Employment and a government-issued ID (Passport or National ID Card) of the owner
The Shipper must provide a valid phone number to the Platform.
The Shipper must provide a valid email address to the Platform that will be verified by a confirmation link.
The Shipper must provide a valid VAT number (if applicable) for tax invoicing purposes.
The Company reserves the right to audit User documentation at any time. Failure to provide valid documents will result in immediate Account suspension.
THE SHIPMENT PROCESS
The Shipper initiates the Shipment process by posting a Shipment Request on the Platform. The Shipment Request must include:
Vehicle specifications including but not limited to make, model, VIN number, license plates, condition (used or new).
Exact vehicle pick-up and delivery addresses including postal codes.
Information whether vehicle is drivable.
The earliest pick-up date and latest delivery date.
The desired Shipment price.
After the Shipment Request is listed on the Platform, the Carriers can submit their Bids. All Bids submitted by the Carriers must include all transportation costs including fuel, tolls, taxes (except for VAT) and labour costs.
The Shipper can select the particular Bid, and this action creates a binding Order. At this moment, the contract for transportation services (as defined in Section 8) is legally formed between the Shipper and the Carrier.
FINANCIAL TERMS AND PAYMENTS
The price displayed to the Shipper is the total Shipment Price without any “service fees” added at checkout.
The Carrier acknowledges that the Shipment Price includes the Platform’s commission. The payable Carrier Payout will be the total Shipment Price minus the Platform Service Fee.
The Shipper pays the Shipment Price upfront to the Company on the Platform via credit card or bank transfer before the Carrier starts to execute the Order. These funds are held in a secure Escrow/Client account managed by a third-party payment processor (e.g., Stripe) or in the Company bank account and are not released to the Carrier until the Shipment is transported to the delivery address indicated by the Shipper.
To trigger the Carrier Payout, the Carrier must mark the Shipment as “Unloaded” on the Platform and upload a clear photo/scan of the signed CMR consignment note. After completion of the actions defined in this paragraph Company deducts the Platform Service Fee from the Shipment Price and transfers the remaining Carrier Payout to the Carrier’s bank account indicated on the Platform within 5 business days.
The Platform will automatically issue the Carrier’s VAT invoice to the Company after 24 hours from the upload of the CMR consignment note to the Platform by the Carrier. Then the Company will issue the VAT invoice to the Shipper. For the avoidance of doubt, the issuance of such invoices is strictly for payment administration purposes and shall under no circumstances be construed as establishing or implying any transportation or carriage relationship between the Company, the Carrier, and the Shipper, as the underlying transportation relationship is established solely and exclusively between the Carrier and the Shipper.
CMR consignment note must be approved or rejected by the Shipper without undue delay but not later than in 12 hours. If the CMR consignment note is rejected, the Company opens a dispute on the Platform and acts as the mediator to resolve it. The Company can require additional information and documents from the Users.
The dispute is resolved if the Carrier uploads the new CMR consignment note and the Shipper approves it. If the parties fail to resolve the dispute within 20 days after it has been opened in the Platform, the Company automatically closes the dispute and each party could take a legal action against the counterparty in accordance with the applicable laws.
OBLIGATIONS OF THE PLATFORM USERS
The Shipper is obliged to:
guarantee that the vehicle details (especially vehicle operability) are accurate. If a vehicle declared as drivable is found to be non-drivable, the Carrier may charge an additional winching fee (or refuse to transport)
ensure the vehicle is available, unlocked (if needed), and accessible for the transportation at the agreed time
ensure that there are no personal belongings in the transported vehicle.
provide the keys and necessary vehicle documents to the Carrier at pickup.
guarantee that the vehicle is not stolen, does not contain illegal goods, and that the Shipper has the legal authority to transport.
Once the vehicle is delivered, check its condition prior to Carrier’s driver leaves. Any damage must be clearly noted on the CMR consignment note and signed by both the driver and vehicle receiver. If damage is not noted on the CMR consignment note at the time of delivery, it is legally presumed the vehicle was delivered in good condition.
The Carrier is obliged to:
ensure safety of the truck and transport the vehicle safely using professional equipment.
inspect the vehicle’s exterior condition at pickup and record any pre-existing damage on the CMR consignment note.
provide real-time updates regarding delays or traffic issues.
deliver the vehicle to the authorized receiver at the destination.
not to subcontract the Shipment to a third party.
have a valid CMR insurance.
ensure that the Shipment process actions (e.g. Shipment loading and unloading) are marked in the Platform after these actions are factually completed.
LIABILITY AND INSURANCE
The Company shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose.
The Company shall not be liable for any damages, liability or losses arising out of: (i) use of or reliance on Platform or User’s inability to access the Platform or use the services of the Platform; or (ii) any transaction or relationship between the Users or any third party. The Company is not liable for any damage, theft, total loss, or delay affecting the vehicle. All claims must be directed to the Carrier and its insurance provider. In no event shall the Company’s total liability to the User in connection with the platform and any services coordinated through the platform for all damages, losses and causes of action exceed €500 (five hundred euros).
The Carrier is liable for total or partial loss of the vehicle and for damage occurring between the time of takeover and the time of delivery, as well as for any delay in delivery, in accordance with Articles 17–30 of the CMR Convention.
The Carrier is liable for the accuracy of the Shipment process records as defined in paragraph 6.2.7. of these Terms.
The Carrier is relieved of liability if the loss, damage, or delay was caused by the wrongful act or neglect of the Shipper, by the inherent defect of the vehicle (e.g., mechanical failure not caused by transport), or by circumstances which the Carrier could not avoid (Force Majeure).
Unless a higher value is declared and paid for separately, compensation for loss or damage is limited to 8.33 SDR per kilogram of gross weight as per Article 23 of the CMR Convention.
The Carrier warrants that, for the entire duration of their use of the Platform and during the execution of any Shipment Process, he possesses and maintains a valid Carrier’s Liability Insurance policy that strictly complies with the CMR Convention. This insurance must explicitly cover the Carrier’s liability for total or partial loss, damage, theft, and delay of the Cargo from the moment of takeover until delivery, meeting at least the statutory minimum liability limits set forth in Article 23 of the CMR Convention. The Carrier is solely responsible for providing valid proof of this insurance to the Platform and acknowledges that performing any transport without active insurance constitutes a material breach resulting in immediate account suspension and full personal liability.
TERMS OF THE TRANSPORT CONTRACT (DIRECT AGREEMENT BETWEEN SHIPPER AND CARRIER)
By creating the binding Order on the Platform, the Shipper and the Carrier agree that this Section 8 constitutes the legally binding Transport Contract between them.
The parties acknowledge that no further written contract is required to establish their legal relationship. The electronic acceptance of the Order combined with these Terms constitutes the full agreement.
The Company is not a party to this Transport Contract. The Platform merely supplies the regulatory framework and standard terms that the Shipper and Carrier agree to adopt for their transaction.
The Carrier agrees to transport the specific vehicle(s) described in the Order (the “Shipment”) from the confirmed pickup address to the delivery address indicated on the Platform, and the Shipper agrees to pay the Shipment Price.
The parties expressly agree that for any international carriage of goods by road performed under this contract, the relationship, liability, and compensation rules shall be governed by the Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva, 19 May 1956), regardless of whether the transport would otherwise fall under its mandatory scope.
NON-CIRCUMVENTION
Shippers and Carriers are prohibited from using the Platform to find each other and then completing the transaction “off-platform” to avoid the Platform Service Fee.
If a User is found to have circumvented the Platform, the Company reserves the right to:
charge the evaded Platform Service Fee to the User’s payment method.
impose a contractual penalty of €1,000 (one thousand euros) per violation.
permanently suspend the User’s account.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights to the Platform, including but not limited to software, software materials, software codes, databases, design, methodologies, trademarks, trade secrets, and any other works or inventions created or used in the Platform, shall exclusively belong to the Company.
The User shall not have the right to copy, encrypt, reprogram, distribute, transfer, redirect, modify, or create derivative works from any content of the Platform, or use the System (including the content contained therein or any part thereof) in any way, except for cases that are necessary for the proper performance of this Agreement.
In the event of any breach of the obligations set forth in Paragraph 10.2., the User shall be liable to pay the Company a contractual penalty in the amount of €1,000 (one thousand euros) per violation.
DATA PROTECTION
The company process personal data in accordance with the Privacy Policy and Data Processing Agreement.
The User is obliged to familiarize with the documents defined in Paragraph 11.1. before starting using the Platform.
DISPUTE RESOLUTION AND GOVERNING LAW
In the event of a dispute between Shipper and Carrier (e.g., regarding damage), the Platform acts as a neutral mediator to help reach a solution as defined in Paragraph 5.6.
These Terms are governed by the laws of the Republic of Lithuania.
Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Klaipeda city in the Republic of Lithuania.
Any dispute arising specifically from the transport contract shall be resolved directly between the Shipper and the Carrier, using the dispute resolution mechanisms defined in the laws applicable to the Users.