Goods Protection Promises

Defined terms shall have the meaning set out in the User Terms of Use unless otherwise defined herein.

SERVICE SCOPE

These Goods Protection Promises (“Promises”) shall only apply if Lalamove and the selected Company have agreed on these Promises.

In these Promises, “Goods” shall have the same meaning as the “Shipment Delivery” as defined in the Lalamove’s User Terms of Use.

Subject to the terms hereunder, Lalamove shall pay a compensation to selected Companies for their loss or damage of their Goods, to the extent such loss or damage is caused by Lalamove’s Delivery Partners during their provision of Shipment Delivery in Germany. The Promises are in effect from the time Delivery Partners pick up the Goods till the Goods are delivered at the address specified by the User.

GOODS NOT TO BE COVERED

The following Goods are not covered in the Promises:

Revenue loss resulting from the failure to deliver time-sensitive or critical documentation, such as bids and contract proposals;
Stamps, vouchers, tokens and/or tickets of any kind, credit and/or debit and/or cash dispenser cards of any kind, negotiable securities, and any other documents negotiable as or equivalent to cash, and non-negotiables such as (but without prejudice to the generality of this clause) crossed cheques;
Bullion and money of every description (such as but without prejudice to the generality of this clause), cash, bank notes, coins, currency notes or currency of any kind;
Livestock, bloodstock and living creatures;
Bulk shipment;
Arms and ammunition;
Vehicles driving under own power, however cover includes driving under own power for loading and/or unloading purposes when the vehicles are shipped as cargo interests;
Any one piece of machinery / equipment with value equal to or exceeding EUR 800,000;
Thermal Coal;
Oil Sands;
Tobacco;
Goods that are prohibited or excluded under the User Terms of Use; and
Goods which are banned, prohibited, or otherwise excluded by any law, regulation or statute of any jurisdiction from which the Goods are collected, delivered, or through which they are transported.

COMPENSATION CAP

The compensation amount shall be the lower of:

For lost / stolen / destroyed Goods: The actual invoice value or replacement cost (the lower of the actual invoice value or the actual/objective reasonable replacement cost) based on the value at the date on which the relevant accident occurred; or
For damaged Goods: The actual invoice value or cost of repair (the lower of the actual invoice value or the actual/objective reasonable replacement cost) based on the value at the date on which the relevant accident occurred; or
The maximum compensation is EUR 850 per order.

EXCLUDED CIRCUMSTANCES

The loss, theft, damage or destruction arising out of or in any way connected with the following are excluded from the Promises:

Communicable disease or fear or threat of communicable disease;
Insufficiency or unsuitability of packaging or preparation of the Good;
Inherent vice or faulty workmanship of the Good;
Fraud, dishonesty, or intentional conduct by the selected Company;
Delay caused or incorrect address provided by the selected Company;
Lawful seizure of the Good;
The use or operation of any computer, computer system, computer software programme, computer process or any other electronic system;
Mechanical, electrical and electronic failure;
Ordinary leakage, loss in weight or volume, or natural wear and tear of the Good;
Radioactive contamination, chemical, biological, bio chemical and electromagnetic weapons;
Rust, oxidisation, and/ or discolouration;
War and terrorism.

CLAIMS PROCEDURE

All claims shall be submitted through the prescribed claim form within 7 days upon completion of delivery. Your claim will be accepted, rejected, or you will be asked to provide additional information within a maximum period of 30 days after the claim is submitted.

Please prepare and submit the following documents together with the claim form:

For Lost Goods:

Please prepare and submit the following documents along with the claim form:

Receipts that show the value of the lost Goods;
Pictures of the lost Goods taken before loading; and
Proof of loading and/or handover.

For Damaged Goods:

Please prepare and submit the following documents along with the claim form:

Receipts that show the value of the damaged Goods;
Pictures of the undamaged Goods taken before loading; and
Pictures or proof of the damaged Goods.

In the event that any of the aforementioned documents are deemed insufficient or unavailable, compensation shall be rendered at Lalamove’s sole discretion.

Upon acceptance of the claim, the approved claim amount shall be transferred to the designated business bank account within 60 working days.

MISCELLANEOUS

You acknowledge and agree that any amount paid by Lalamove to you under these Promises shall not be construed to be an admission of any liability or obligation by Lalamove to you or to any other person, and that Lalamove makes no such admission.

Notwithstanding the aforesaid, upon the compensation made to you by Lalamove under these Promises, you agree to release, waive and forever discharge Lalamove from the claims that are the subject matter of the compensation.

Lalamove has the right to change these Promises to the extent necessary for the reasonable continuation and performance of the contractual relationship with Users for the reasons listed below:

to compensate for contractual gaps that have arisen if a gap in the policy that arose after the conclusion of the contract causes significant difficulties in the performance of the contract (e.g. a clause is declared invalid by case law) and these cannot be remedied in any other way; or
to adapt these Promises to changes in the legal situation (e.g. changes in applicable law or supreme court case law), insofar as this is necessary to ensure the legality and other legal compliance of these Promises as well as of performance and consideration; or
to restore the equivalence between performance and consideration if this is significantly disrupted after conclusion of the contract due to unforeseeable changes in the legal or other framework conditions (e.g. due to changes in the law, unless their specific content was already foreseeable, for example in the phase between the conclusion of the formal legislative process and the entry into force). This shall only apply if Lalamove has not initiated these changes and has no influence over them.

Users will be notified of the changed Promises in writing (including by email and SMS) with reasonable and proportionate notice, but at least one month before the changes are scheduled to take effect.

Lalamove has the right to terminate the contractual relationship under these Promises with thirty (30) days' prior written notice (including by SMS and email). Termination does not limit Lalamove's other rights or remedies.

Either party shall have the right to terminate these Promises for good cause without observing a notice period if there are facts which, taking into account all circumstances of the individual case and weighing the interests of both parties, mean that the terminating party cannot reasonably be expected to continue the contractual relationship until the expiry of the notice period. Notice of termination must be given to the other party in writing (including email and, in the case of termination by Lalamove, SMS).

These Promises are not an insurance product or service. Lalamove does not provide any insurance products or services.

These Promises constitute a voluntary and separate goods protection promise on the part of Lalamove as a platform intermediary. These Promises shall not affect, restrict or replace any legal liability claims that Companies may assert against the Delivery Partner who carried out the Shipment Delivery in Germany, in particular claims under the German Commercial Code (HGB).

The Promises are governed by the laws of the Federal Republic of Germany. The German courts shall have exclusive jurisdiction over any legal disputes.

In case of any discrepancy between the English version and any regional language version, the English version prevails.