Všeobecné obchodné podmienky

Preamble

These General Terms and Conditions (GTC) contain the basic rules for the use of the services of the CARTV group of companies. This group of companies consists of the companies CARTV s.r.o. Námestie 1. Mája 17, 81106 Bratislava, Slovakia, identification number: 35 920 700, registered in the Commercial Register of the Municipal Court of Bratislava III, Section: Sro, Insert No.: 171806/B (hereinafter referred to as „s.r.o.“) and its subsidiaries, CARTV GmbH, Bayerwaldstraße 9, 81737 Munich, Germany (hereinafter referred to as „GmbH“) and CARTV Service Partner GmbH, Bayerwaldstraße 9, 81737 Munich, Germany (hereinafter referred to as „SP“) and CARTV Österreich GmbH, Schottengasse 4, 1010 Vienna, Austria (hereinafter referred to as „AT GmbH“). The group of companies is hereinafter referred to as „CARTV“.
These GTC govern the principles of the contractual relationship between CARTV on the one hand and the users of the services offered by CARTV on the other.
CARTV operates an international trading platform. It is a residual value exchange for determining the residual value of all types of vehicles, primarily in connection with liability and comprehensive claims, mainly in the motor vehicle sector.
To determine the residual value, CARTV incorporates data provided by third parties on used, mostly accident-damaged objects into the trading platform. Based on this data, authorized bidders can place binding bids on the posted objects.
If the owner wishes to sell the listed property, CARTV offers processing via the All4you processing service for the purchase/sale of the property. A special form of purchase processing is the replacement value settlement (hereinafter: „CARTV all-in-WBW“), which is offered to the owner. Further information is available at www.cartv.eu.
These GTC apply without exception to all CARTV adjusters, owners, bidders and suppliers and cover all services and legal relationships between CARTV and them. They apply to all current and future business relationships.
Any general terms and conditions of CARTV’s contractual partners are hereby expressly rejected. CARTV shall not be bound by such deviating GTC even if they were not expressly objected to when the contract was concluded or the contractual partner has provided a special form for the objection. Deviating general terms and conditions of the contractual partners and ancillary agreements are only effective vis-à-vis CARTV if they have been confirmed in writing by CARTV.
CARTV reserves the right to amend these GTC as well as the processes and principles of the trading platform it offers, while safeguarding and taking into account the interests of the users within the scope of fairness. CARTV will publish amendments to these GTC on the Internet and at the same time notify the contractual partners of the amended GTC. Amended GTC shall apply four weeks after notification of the amendment and notification to the contractual partners.

§ 1 Definition of terms

The following terms are defined as follows for the purposes of these GTC:

„Users“ are natural persons and legal entities with full legal capacity who use the services of CARTV as an advertiser, owner or bidder.
„Adjusters“ are insurers or their experts, motor vehicle experts or their organizations, leasing companies, fleet operators or commercial dealers or private individuals connected to the CARTV system who provide CARTV with data on used or accident-damaged motor vehicles, used accessories or other used items for the purpose of entering this data into the CARTV system to determine a residual value and/or to broker a sale.
„Bidders“ are commercial accident vehicle dealers, car dealerships, garages, other traders in the vehicle trade and certified recycling companies who submit bids to purchase the discontinued vehicles via the CARTV system.
„Sellers“ are the owners of the vehicles to which the posted data relates.
„Contractual partners“ are adjusters, owners and bidders who use the services of CARTV.
A „bid“ is the amount that the bidder offers through the CARTV system for the purchase of a vehicle.
The „bid binding period“ is the period declared by the advertiser to CARTV and specified in the CARTV system within which the bidder is bound to the bid. It is usually 30 days, but can vary upwards or downwards depending on the specifications of the advertiser.
The „bidding period“ is the period specified by the advertiser during which CARTV makes the posted data available for bidders to view and submit bids.
„Acceptance“ is the owner’s decision to accept a specific bid.
In these GTC, the term „vehicle“ refers to used or accident-damaged motor vehicles as well as used accessories and other used items.
CARTV sky – the application for dealers to access their own data on the CARTV residual value exchange and to place bids for accident vehicles.

§ 2 Admission and participation

The use of the services offered by CARTV requires registration and the allocation of a user ID by CARTV. Registration is carried out by providing complete and correct user-related data and submitting a trade license
in the motor vehicle trade and a mandate to participate in the SEPA direct debit scheme. A further prerequisite is the applicant’s consent to the validity of these GTC. For contractual partners from EU countries outside the Federal Republic of Germany, a further prerequisite is notification of the corresponding valid foreign VAT identification number.
Commercial adjusters are provided with the online access data or software required to use the system when they are admitted to participate in the services offered by CARTV.
Participation in CARTV as a bidder requires the purchase of a CARTV merchant system access as well as the obligatory contract processing via the All4you processing service. Furthermore, if there are no DigiCom channels provided by CARTV, the bidder must provide a communication channel (e-mail, telephone) for the connection between the CARTV head office and the bidder.
Admission is granted by notification from CARTV via e-mail, stating the user ID and access data.
There is no entitlement to admission to the CARTV system.
The bidder is obliged to inform CARTV immediately if the requirements for admission to the CARTV system no longer exist, for example due to the expiry of the business license.
For participation in the CARTV system as a bidder, the bidder must pay CARTV a monthly flat rate in accordance with the current price list.

§ 3 Procedure of the residual value exchange and settlement via the CARTV All4you settlement service

Vehicles are offered for sale via CARTV.
Bidders can place bids on the vehicles posted on CARTV within the respective bidding period. Bids are binding. Bidders are not entitled to purchase the objects offered.
CARTV transmits the bids received after the bidding period has expired to the adjuster or, if applicable, the owner. The owner can subsequently accept the bid on the basis of the information provided. The acceptance is made in text form. Upon acceptance of such a bid, an effective purchase contract is concluded between the bidder and the owner. All bids are final prices and include VAT where applicable.
As a rule, CARTV is neither the seller nor the buyer of the vehicles on offer, but merely an intermediary between the owner and the bidder. A purchase contract is concluded exclusively between the owner and the bidder, unless otherwise contractually agreed.
The owner also regularly has the choice of CARTV all-in-WBW. In this case, he instructs CARTV to sell his vehicle. CARTV then acquires the vehicle via CARTV Service Partner GmbH and sells it on. CARTV then pays the sales price achieved directly to the insurer. Only in these cases does CARTV, or more precisely CARTV Service Partner GmbH, act as the contractual partner and acquires ownership.
In all cases (including WBW processing), the purchase is processed exclusively via the CARTV processing service. The only exceptions are cases that have been ordered by private customers/garages and are provided with a special identifier in CARTV sky. In these exceptional cases, the CARTV processing service is not part of the scope of services. In all other cases, the CARTV processing service is binding.
This service is free of charge for the seller; CARTV is also authorized by the contracting parties to take all necessary measures to assert the mutual claims arising from the contract on behalf of the contracting parties.

§ 4 Duties and liability of the adjuster

The adjuster is liable for ensuring that the adjustment data provided by him, in particular photographs, drawings, descriptions and documentation, are free from third-party rights and, in particular, that no third-party industrial property rights are infringed. The adjuster warrants that, insofar as the data provided to CARTV originates from third parties, appropriate declarations of consent have been obtained for publication in the CARTV system.
The hirer indemnifies CARTV against all claims, irrespective of their legal basis, resulting from any negligent or intentional infringement of third-party rights.
The renter is liable to CARTV and any buyer for the accuracy of the information provided to CARTV. This applies in particular to information about the condition of the individual vehicles, specified equipment features such as accessories or extras. If claims are asserted against CARTV by third parties due to incorrect or incomplete information, the renter shall indemnify CARTV against all claims asserted.
The adjuster agrees that CARTV may disclose the necessary data of the adjuster to the bidder within the framework of the GDPR.

§ 5 Obligations and liability of the bidder/buyer

Bids submitted via CARTV at the time the bidding period expires are binding. The bidder is bound by the bidding period specified by the advertiser. The bidder has the option of changing his bid during the bidding period. The option to change bids is made available in the CARTV sky application. No bid changes will be accepted after the bidding period has expired, regardless of which CARTV system the bidder uses. Only bid changes that can be saved in the CARTV system before the bid deadline, taking into account the data transfer phase, will be accepted. The bid binding period begins on the day the bid is submitted. If the last day of the bid binding period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of declaration or performance, the next working day shall take the place of such a day (Section 193 BGB). In the cases specified in Section 14 (2) of the GTC, the period expires on the next working day in accordance with Section 122 of the Civil Code (Slovakia).
The bidder is obliged to carefully check submitted bids, including all listing data, and in particular to ensure that the purchase price offered is correct. The system prompts the bidder to confirm the bid several times before the bid is transmitted to CARTV. First by entering the bid, then by ticking a box to confirm the bid and finally by submitting the bid, whereby all bids must appear again and be confirmed.
The bids are final prices and may include statutory VAT. Acceptance of the bid by the bidder or the owner within the bidding period constitutes an effective purchase contract with the bidder. This then obliges the bidder to pay the purchase price and to accept the vehicle. The place and time of collection must be clarified via the CARTV All4you processing service or, in exceptional cases, directly with the seller.
The buyer undertakes to collect or arrange for the collection of the vehicle for which he has been awarded a bid from the agreed location at his own expense within five working days of signing the contract or receipt of the bank confirmation in the case of financed vehicles. If the buyer is unable to collect the vehicle within this period, he shall bear the costs incurred on site from the expiry of the period of 5 working days.
The written declaration of acceptance of the bid is also deemed to be effective vis-à-vis the bidder as soon as it has been declared in writing to CARTV or a third party commissioned by CARTV to collect the bid within the bid binding period. This also applies in particular if the acceptance of the bid was declared to CARTV or a third party on the last day of the bid binding period, but the bidder could only be notified by CARTV on the following day.
The buyer or persons commissioned to collect the vehicle must, if possible, check the vehicle immediately on site for any recognizable deviations from the descriptions provided. If the actual condition of the vehicle deviates from the information provided or the information in the collection order, the buyer is obliged to inform CARTV of this immediately. Any reasons for complaint must always be recorded in detail on the handover report and, if possible, receipted and documented with photographs. Corresponding forms can be obtained from CARTV.
Complaints must be made immediately; immediately within the meaning of this provision, i.e. either immediately upon collection or, in the event that the vehicle is collected by a third party, immediately upon arrival of the vehicle at the buyer’s premises. The seller must be given the opportunity to inspect the vehicle.
A complaint is excluded if a subsequent inspection can only be carried out under difficult conditions or with disproportionate effort, e.g. due to the resale of the vehicle in the meantime. This does not apply if the seller has demonstrably waived his right to a subsequent inspection. Complaints are excluded if the buyer or a third party has made changes to the vehicle after handover that are not merely insignificant in terms of type and scope.
Renegotiations regarding the purchase price are prohibited at all times and justify the immediate termination of CARTV access by CARTV without notice. Insofar as claims for reduction are asserted, these must be declared to the buyer and reported to CARTV with the involvement of the CARTV settlement service.
If it is not possible for the buyer to collect the vehicle within five working days of acceptance of the bid, he is obliged to inform CARTV immediately at before this period expires. Section 193 BGB applies to the expiry of the deadline. In the cases listed in § 14 para. 2 of the GTC, the period expires on the next working day in accordance with § 122 of the BG. Any demurrage costs incurred as a result of late collection shall be borne by the buyer.
If the vehicle has not been collected within 10 days, CARTV is entitled to immediately re-enter the vehicle in the CARTV system at the buyer’s expense or to offer it elsewhere for the purpose of minimizing damage. Section 193 BGB applies to the expiry of the period. In the cases listed in § 14 Para. 2 of the GTC, the period expires on the next working day in accordance with § 122 of the BG (Slovakia). Further claims for damages by CARTV or the seller are not affected by this. CARTV reserves the right to charge the bidder for any additional expenses incurred as a result of missing the deadline.
If this has not already been done prior to collection, the buyer is obliged to deregister or reregister the purchased vehicle within five working days after acceptance or collection. Section 193 BGB applies to the expiry of this period. In the cases listed in § 14 Para. 2 of the GTC, the period expires on the next working day in accordance with § 122 of the Civil Code (Slovakia). In this case, the costs of de-registration or re-registration shall be borne by the Buyer, and a corresponding de-registration or re-registration certificate shall be sent to the Seller without delay. In the event of a change of registration in another EU country, corresponding confirmation of the destruction of the license plates and transfer of the documents to the registration office must be sent directly to CARTV. If it is not possible for the buyer to deregister or reregister the vehicle within the above-mentioned period of five working days, CARTV is entitled to carry out the deregistration. In this case, the buyer is obliged to send all the necessary vehicle documents and license plates to CARTV. The flat-rate costs of EUR 250.00 net shall be borne by the buyer and are payable to CARTV without deduction after invoicing.
The buyer is obliged to pay the agreed purchase price for the vehicle without deductions in accordance with the agreements in the purchase contract. If VAT can be shown separately, the purchase price for the vehicle must be paid upon presentation of the VAT ID number and confirmation of the intra-Community delivery with deduction of the invoiced VAT if the vehicle is exported within the EU. The buyer undertakes to the seller – within the confirmation of intra-Community delivery – that the seller will transport the scope of delivery/service to the EU country of destination and subject it to purchase tax there. If this is not complied with, the buyer undertakes to inform the seller of this immediately. In this case, the buyer further undertakes to send the seller proof of purchase taxation in another EU member state or to provide proof of export from the EU. In the event of a sale outside the European Union, VAT shall be charged to the buyer as long as the buyer has not provided proof of export from the European Union. If payment is processed via the CARTV escrow account, the VAT paid will be retained as security when the vehicle is exported to a country outside the European Union and will only be credited and paid out once the complete export documents have been submitted.
Any bank charges shall be borne by the buyer. The same applies to any customs or export fees.
The seller’s wishes must be taken into account with regard to the method of payment. Payment can be made in cash or via the CARTV escrow account, by bank transfer or bank financing, taking into account the provisions on money laundering and cash payment limits applicable in each individual case.
The buyer shall ensure that he can be reached all year round during normal business hours Monday to Friday from 09:00 to 17:00. If necessary, the buyer is obliged to name a representative to CARTV in the event of absence.
The bidder is aware that the bids it submits are also used in particular to determine a residual value. In this respect, CARTV is dependent on the accepted bids being settled at the price offered. If the bidder breaches his contractual obligations by not collecting the vehicle and/or not paying the agreed purchase price, CARTV is entitled to pay any difference to the owner of the vehicle by re-listing the vehicle or selling it elsewhere and to claim damages from the bidder. In particular, CARTV is entitled to pay the agreed purchase price to the seller and to have the seller assign the claim to payment of the purchase price to CARTV. This entitlement also applies to the payment of demurrage costs incurred due to the fault of the bidder.

§ 6 Obligations and liability of CARTV

CARTV is obliged to include the data transmitted by the adjuster in the Residual Value Exchange. This obligation does not apply if CARTV is aware that the data to be entered is not free of third-party rights or contradicts other statutory regulations and official requirements.
CARTV is obliged to leave the data entered in the residual value exchange there until the bidding period expires.
CARTV forwards the bids received after the bid deadline to the advertiser.
CARTV’s liability is limited to intent and gross negligence with the exception of damage to life, limb or health. CARTV’s liability is excluded in the event of slightly negligent breaches of non-essential contractual obligations, the breach of which does not jeopardize the performance of the contract. There is no exclusion of liability in the event of a breach of a material contractual obligation, whereby in this case liability is limited to the foreseeable, direct average damage typical of the contract.
CARTV accepts no liability for the complete or partial failure of the transmission capacity or the restriction of the transmission capacity by the Internet provider.
CARTV is not liable for the correctness of the data provided by the advertisers or their freedom from third-party rights. This does not apply if CARTV is aware that the data provided is incorrect or infringes the rights of third parties.

§ 7 Contract duration, termination and temporary closure

The contractual relationship between the user and CARTV runs indefinitely. It can be terminated by both CARTV and the contractual partner without giving reasons with a notice period of 6 weeks to the end of the quarter. The termination must be in text form to be effective. The right to terminate without notice for good cause remains unaffected.
In the event of serious breaches of contract, CARTV is entitled, at its discretion, either to temporarily exclude the user from participating in the CARTV system or to terminate the contractual relationship without notice.
A serious breach of contract exists in particular if:
the user is in arrears with the payment of amounts due and fails to make payment despite a corresponding reminder setting a deadline.
the user makes acceptance of the vehicle and/or payment of the purchase price dependent in whole or in part on renegotiation of the purchase price without being entitled to a reduction in price or refusing to accept the vehicle.
the user does not collect the vehicle within the agreed collection period and/or does not pay the purchase price on time.
an application for the opening of insolvency proceedings has been filed against the user’s assets and this application is not withdrawn within one month of the application being filed.
the user has provided false information when applying for authorization or
the user otherwise breaches the contract so seriously that CARTV cannot reasonably be expected to continue the contractual relationship until the end of the notice period.
If the user has submitted bids and the bidding period or the period for binding bids is still running at the time of termination of the contractual relationship, the user is obliged to fulfill the resulting obligations.
Any claims for damages shall remain unaffected by the above provisions.

§ 8 Access variants and services of CARTV

CARTV sky
CARTV makes all data and objects available in CARTV sky. The user logs in with his access data, which is sent to him free of charge by e-mail.
CARTV sky is used at the user’s own risk. The user is responsible for ensuring a sufficient Internet connection.
The transfer or resale of access data to third parties is not permitted without the express consent of CARTV.
CARTV mobile sky
The user can download the current version of the CARTV mobile sky app or use it online in the browser. A service hotline is available to the user free of charge for the installation. The access data for CARTV mobile sky will be sent to the user by e-mail on request.
Software updates are free of charge for the user.
Installation and commissioning are at the user’s own risk. The user is responsible for ensuring a sufficient Internet connection.
The transfer or resale of the software and access data to third parties is not permitted without the express consent of CARTV.

§ 9 Payment

Invoices from CARTV are due immediately upon receipt and payable without deduction, unless the contractual partner participates in the SEPA direct debit procedure; in the case of participation in the SEPA direct debit procedure, CARTV collects the outstanding receivables after the due date.
Invoices are created in digital form.
If a direct debit is not honored due to insufficient funds in the specified account or for other reasons for which CARTV is not responsible, the resulting costs (return debit charges) shall be borne by the contractual partner. Further use of CARTV’s services and performances is excluded until the outstanding claims have been settled.
The block will be lifted as soon as the user has fulfilled his obligations and CARTV has established that payment has been received. In repeated cases or in particularly serious cases, there is no right to re-authorization.
In the event of default in payment, the contractual partner shall pay default interest to CARTV at a rate of 9% above the applicable prime rate (§247 BGB) per annum if no consumer is involved in the legal transaction; if a consumer is involved in the legal transaction, the default interest rate shall be 5% above the prime rate. The assertion of higher default damages is not excluded. In the cases listed in § 14 para. 2 of the GTC, the default interest rate shall be 5% per annum above the prime rate in accordance with § 517 para. 2 of the Civil Code, whereby the assertion of higher default damages or a contractual penalty is excluded.
If the contractual partner defaults on a payment, all outstanding claims of CARTV shall become due immediately.
CARTV charges a flat fee of EUR 40.00 for the assertion of claims due, plus any collection fees or court costs incurred.

§ 10 Import, export and use of the software

The contractual partner is solely and exclusively responsible for ensuring that the relevant laws and other provisions relating to its rights to import, export and use the software are complied with.

§ 11 Refusal of performance, offsetting, reservation of right of withdrawal

Significant financial deterioration on the part of the contractual partner that occurs or becomes known to CARTV after the commencement of the business relationship entitles CARTV to refuse performance, in particular to exclude the contractual partner from participation in CARTV. The contractual partner has the option of preventing exclusion and jeopardizing the purpose of the contract by providing sufficient security. The same applies if the contractual partner does not fulfill his obligations to third parties in connection with the services and performances of CARTV, e.g. with regard to payment and timely collection of purchased vehicles. If the contractual partner does not comply with the request to provide security, CARTV is entitled to withdraw from the contract. Offsetting by the contractual partner with counterclaims is excluded. The assertion of a right of retention by the contractual partner is excluded.

§ 12 Data protection storage

CARTV collects, processes and uses personal data in accordance with the provisions of the German Federal Data Protection Act (BDSG) and the European General Data Protection Regulation (GDPR).
Personal data is only collected for the establishment, execution or termination of the contractual relationship if this is necessary. Depending on the purpose of use, the following types of data are involved: Offer data, contract data, address and communication data and payment data. In the context of the establishment, execution or termination of a contractual relationship, data may be transmitted to third parties who are contractual partners of CARTV (e.g. banking institution) if this is necessary. The processing and use of the data takes place exclusively in the Federal Republic of Germany or in a member state of the European Union.
The data will not be passed on to third parties for commercial purposes. Further information on the data protection provisions of the GDPR can be found on our website at

§ 13 Place of jurisdiction

The place of performance and jurisdiction is Munich if the contractual partner is a merchant, a legal entity under public law or a special fund under public law. However, CARTV is also entitled to take legal action at the general place of jurisdiction of the contractual partner.

§ 14 Applicable law AT

The contractual relationship between CARTV and the respective contractual partner is subject to the law of the Federal Republic of Germany to the exclusion of all bilateral and/or multilateral agreements concerning the purchase of movable goods, in particular to the exclusion of the UN Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).
If the contractual partner who uses the services of CARTV is a Slovakian consumer, the contractual relationship between CARTV and the respective contractual partner is subject to the law of the Slovak Republic, in particular the Slovak Civil Code No. 40/1964 Coll. in the valid wording (BG). A Slovak consumer is a natural person with permanent residence in the Slovak Republic who acts in business transactions for purposes that cannot be attributed to their professional or commercial activity.

These GTC apply from 20.06.2025

CARTV reserves the right to charge the bidder for any additional expenses incurred due to failure to meet the deadline.

Appendix: Information security conditions for suppliers (vehicle claims management)
This Annex is part of the General Terms and Conditions (GTC) of the CARTV Group. It regulates binding information security requirements for all suppliers and external service providers (hereinafter „Supplier“), in particular with regard to compliance with ISO/IEC 27001.

1. scope of application
These conditions apply to all suppliers who receive access to information, IT systems or processed data in the context of motor vehicle claims management, customer communication or insurance services as part of the cooperation with the client, in particular to the service providers who have been classified as „medium“ and „high“ protection class as part of the risk assessment by CARTV.
2. commitment to information security
The Supplier undertakes to comply with appropriate technical and organizational measures (TOM) that meet the requirements of the ISO/IEC 27001 standard. These include in particular measures to:
Control of access to information
Risk treatment
Operational safety
Management of cryptographic controls
Handling of information security incidents
3. confidentiality and data access
Confidential information, in particular personal, operational or insurance-related data, must be treated as strictly confidential and may only be used for the fulfillment of the contract.
Access to systems or data is only permitted to authorized persons. The use of multi-factor authentication (MFA) is required where technically possible.
4. data protection
If the Supplier processes personal data on behalf of third parties, it undertakes to comply with the GDPR and, if necessary, to conclude a separate data processing agreement (DPA) in accordance with Art. 28 GDPR.
5. security incidents
All information security or data protection incidents, in particular data leaks, unauthorized access or system compromises, must be reported to the client’s security officer immediately, but within 24 hours at the latest:
E-Mail:datenschutz@cartv.eu
Subject: Security incident report (supplier)
6. subcontractors
The use of subcontractors requires prior written approval. The Supplier must ensure that all subcontractors also meet the requirements of these conditions and ISO/IEC 27001.

7. inspection and audit rights
The Client is entitled, after prior notification, to carry out audits or have them carried out by third parties in order to check compliance with these conditions and the ISO/IEC 27001 standards. The Supplier shall support these audits by providing the necessary information and access to relevant systems or evidence.
8. training and sensitization
The supplier shall ensure that all employees with access to sensitive data receive regular training on data protection and information security issues – at least once a year.
9 Consequences of violations
Violations of these terms and conditions, in particular non-compliance with ISO/IEC 27001 requirements or failure to report security incidents, may result in sanctions up to and including extraordinary termination of the contract. Further claims remain unaffected.

These conditions serve to protect sensitive data in the motor vehicle claims process – in particular customer data, claims documentation, insurance information and internal business processes – from unauthorized access, loss or manipulation.