General Terms and Conditions

1. Provider and scope

SeaFly.ai is a brand and service of:

KREATIVAGENTUR Subotic
Stöberlstrasse 80
80686 München
Germany

Email for questions about these terms:
terms@seafly.ai

These General Terms and Conditions apply to the use of SeaFly.ai and to transport, freight forwarding and logistics services that customers order via SeaFly.

SeaFly can be used by consumers as well as by entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a contract, acts in the exercise of their commercial or independent professional activity.

2. Role of SeaFly

SeaFly operates a digital freight forwarding business (e-forwarding).

SeaFly is not merely a contact or intermediary platform.

Customers can in particular request and book the following services:

• road transport
• vehicle transport
• sea freight
• air freight
• combined or multimodal transport
• other transport and logistics services

SeaFly organises the performance of the agreed services and may use suitable independent partners and subcontractors for this purpose.

These can include in particular:

• freight forwarders
• carriers
• transport companies
• freight brokers
• shipping lines
• air freight companies
• handling companies
• warehousing companies
• customs and logistics service providers
• insurance companies and insurance intermediaries
• other specialist service providers

Within the SeaFly platform, these companies are sometimes referred to as partners.

3. Contracting party

The customer's contracting party for the service booked via SeaFly is, in principle:

KREATIVAGENTUR Subotic / SeaFly.ai

The customer does not enter into a contract with a partner shown within SeaFly merely because that partner submits an offer for the performance of a service.

SeaFly is entitled to use partners and subcontractors to fulfil the contract concluded with the customer.

These partners are commissioned by SeaFly and, in principle, invoice their services to SeaFly.

4. Transport requests

The customer can create a transport or logistics request via SeaFly.

For this purpose, information may be required in particular on:

• type of goods
• vehicle
• place of pickup
• destination
• desired mode of transport
• time period
• dimensions
• weight
• number of packages
• special requirements

Creating a request does not in itself constitute a binding transport contract.

SeaFly and suitable partners may prepare an offer on the basis of the information provided.

5. AI assistant

SeaFly uses an AI-supported assistant.

In particular, it can:

• record transport requests
• structure information
• ask necessary follow-up questions
• identify modes of transport
• translate messages
• assign requests to suitable categories
• support customers and partners in their communication

Answers given by the AI assistant do not, on their own, constitute a binding offer or a binding contractual commitment.

In particular, automatically generated:

• prices
• transit times
• availabilities
• customs information
• pickup dates
• delivery dates

only become binding once they have become part of an offer expressly released for booking by SeaFly.

6. Conclusion of the contract

A binding contract is only concluded when a specific offer is displayed to the customer within SeaFly and the customer uses a correspondingly clearly labelled button, for example

“Book with obligation to pay”

or

“Accept offer bindingly”

to accept it.

Until that point, prices, availabilities and transport conditions may be adjusted.

After a successful booking, the customer receives a corresponding confirmation.

7. Content of the offer

The agreed scope of services is determined by:

• the specific SeaFly offer
• the service items contained therein
• the services expressly agreed in the associated order chat
• expressly confirmed changes and additions

Services not expressly agreed are, in principle, not included in the price.

This concerns in particular:

• customs duties
• import charges
• taxes
• storage costs
• standing charges
• demurrage
• detention
• port storage costs
• official inspections
• customs examinations
• additional insurance
• special permits
• additional loading or unloading work
• waiting times
• additional transports
• documents required subsequently

unless these were expressly designated as part of the offer.

8. Prices

The prices displayed apply to the conditions described in the offer.

Price changes may arise in particular if:

• the customer's information was incorrect or incomplete
• dimensions or weight change
• the actual goods differ from the description
• a vehicle is not drivable
• special loading equipment is required
• additional waiting times occur
• the pickup is technically more difficult than stated
• additional port, terminal or storage costs arise
• official measures cause additional costs
• additional documents become necessary
• dangerous goods were not declared or not fully declared
• fuel costs or agreed variable surcharges are adjusted

Insofar as the offer expressly provides for variable price components, diesel, fuel, toll, port, airline, terminal or comparable surcharges in particular may be adjusted in accordance with the agreed basis of calculation.

The customer will be informed of additional costs insofar as prior information is possible and reasonable under the circumstances.

9. Terms of payment

The customer's payment is, in principle, made to SeaFly.

The customer is not entitled to make payments directly to a partner used by SeaFly.

The specific payment deadline results from the respective offer or order.

9.1 Verified customers

Individual payment terms may be agreed with customers verified by SeaFly.

These may include, for example:

• advance payment
• partial payment
• payment after pickup
• payment after certain transport milestones
• payment on invoice

The applicable payment terms are shown in the specific offer.

9.2 Non-verified customers

For non-verified customers, SeaFly may require an advance payment or deposit before a booking is processed further on a binding basis or released.

The amount of the payment is shown to the customer before payment.

Payment can be made in particular via:

• Stripe
• bank transfer
• other payment methods offered by SeaFly

A deposit paid is credited against the agreed total remuneration, unless expressly agreed otherwise.

10. Default of payment

If the customer is in default with a payment due, SeaFly is entitled to withhold further services until payment is received, insofar as this is legally permissible.

Delays resulting from this are, in principle, borne by the customer if the customer is responsible for the default of payment.

Further statutory rights remain unaffected.

11. Partners and subcontractors

SeaFly decides, in principle, which partners or subcontractors are used to perform an order.

A customer is not entitled to performance by a specific partner unless this has been expressly agreed.

SeaFly may replace a partner if this is necessary or expedient for the proper performance of the transport and does not result in unreasonable disadvantages for the customer.

12. Dates and transit times

Stated pickup, departure, flight, sailing, arrival and delivery dates are, in principle, estimated dates unless they have been expressly agreed as a binding fixed date.

The specific transport dates are regularly determined or confirmed by the transport partners, shipping lines, airlines, carriers, terminals or other parties involved.

In particular with:

• sea freight
• air freight
• international road transport
• port handling
• customs clearance

deviations may occur.

Possible causes include, for example:

• weather conditions
• port congestion
• changes to flight schedules
• changes to vessel schedules
• roll-over of containers
• customs inspections
• strikes
• official measures
• traffic disruptions
• technical failures
• force majeure

Binding fixed dates must be expressly agreed as such.

13. Customer information

The customer is obliged to provide all information required for the transport completely and truthfully.

This concerns in particular:

• type of goods to be transported
• quantity
• weight
• dimensions
• value
• dangerous goods properties
• condition of the vehicle
• drivability
• pickup address
• delivery address
• necessary loading conditions
• required documents

The customer is responsible for the accuracy of the information they provide.

The mandatory statutory provisions apply to consumers.

14. Packaging and suitability for transport

The customer is responsible for ensuring that the goods are prepared and packed in a manner suitable for the agreed mode of transport, unless packaging is expressly undertaken by SeaFly or a partner.

In particular, the goods must be prepared in such a way that they are not damaged under normal transport stress and do not endanger:

• persons
• vehicles
• aircraft
• ships
• containers
• other goods

in any way.

15. Dangerous goods

Dangerous goods are not excluded from carriage in principle.

However, dangerous goods must be declared completely and correctly as such already when making the request.

The customer must provide all necessary information and documents.

These may include in particular:

• UN number
• dangerous goods class
• packing group
• safety data sheets
• required declarations

Transport only takes place if a suitable partner can be used and the applicable statutory and transport law requirements are met.

Additional costs for the transport of dangerous goods are charged separately.

16. Excluded goods

Without express prior agreement, the following goods in particular are not transported:

• illegal goods
• prohibited substances
• unlawfully possessed weapons or ammunition
• stolen goods
• cash
• easily transferable securities
• other items prohibited by law

Live animals, high-value valuables, temperature-sensitive goods, medicinal products or other special goods can only be accepted after express prior confirmation.

17. Customs and import regulations

The customer is, in principle, responsible for ensuring that the transported goods may lawfully be:

• exported
• imported
• possessed
• sold
• transported

under the applicable law.

The customer is responsible for providing the necessary information and documents in good time.

Customs duties, import charges, taxes and comparable government levies are, in principle, borne by the consignee or the person obliged under the respective delivery terms or statutory provisions, unless otherwise agreed in the offer.

18. Customs and document services

SeaFly or partners used may offer additional services, for example:

• export declarations
• customs documents
• vehicle export documents
• documents of origin
• transport documents
• other shipping documents

Insofar as these services are not expressly included in the original offer, additional costs may arise for them.

Commissioning a partner to prepare documents does not release the customer from providing correct and complete source information.

19. Consequences of incorrect information

If additional costs or damage arise due to incorrect, incomplete or late information provided by the customer, these may be invoiced to the customer in accordance with the statutory provisions.

For consumers, this applies in particular only insofar as the consumer is responsible for the breach of duty or statutory liability exists.

The German Commercial Code (HGB), for example, contains special provisions on incorrect information, packaging, dangerous goods and missing documents.

20. Transport insurance and carrier's liability

A transport does not automatically include additional goods or transport insurance.

In principle, the statutory or contractually agreed liability cover of the respective performing carrier or transport partner applies.

Liability may be limited under the relevant statutory and international transport regulations.

Customers can – where available – request or take out additional transport insurance via SeaFly.

The specific insurance cover, sum insured, exclusions and deductibles result from the respective insurance conditions.

21. ADSp 2017 for entrepreneurs

In relation to entrepreneurs, the German Freight Forwarders' Standard Terms and Conditions 2017 (ADSp 2017) additionally apply in the version incorporated at the time the contract was concluded.

The ADSp only apply insofar as:

• no individually agreed provision takes precedence,
• no mandatory statutory provisions conflict with them,
• no mandatory international transport conventions apply with priority.

In relation to consumers, the ADSp are not used as a basis for deviating from mandatory consumer protection provisions.

22. International transport regulations

Depending on the mode of transport, mandatory national and international regulations may also apply.

These may include in particular:

• the German Commercial Code (HGB)
• the CMR for international road transport
• the Montreal Convention for certain air transports
• international maritime law regulations
• mandatory national transport regulations of the states involved

Mandatory law takes precedence over these GTC.

23. Cancellation by the customer

The customer may cancel or terminate a booked transport within the scope of the statutory and contractual options.

Which costs arise depends in particular on:

• how far the order has already been prepared,
• whether a partner has already been bindingly commissioned,
• whether capacities have been reserved,
• which costs have already been incurred,
• whether the capacity can be used otherwise.

24. Cancellation of sea and air freight

With sea and air freight, operational preparation often begins well before the actual pickup.

As soon as in particular:

• a carrier or airline has been bindingly booked,
• capacities have been reserved,
• booking numbers have been created,
• export processes have started,
• driver or pickup details have been transmitted,

considerable cancellation costs may arise.

If binding driver, pickup or carrier details are provided no later than 72 hours before the planned transport or pickup and the service has been bindingly scheduled, the full agreed freight may, in principle, be claimed in the event of a subsequent cancellation by the customer, insofar as this is legally permissible and insofar as SeaFly or the service providers used do not save any expenses to be credited or cannot generate other revenue.

Mandatory statutory termination and settlement provisions remain unaffected.

25. Cancellation of other transports

For other transports, SeaFly reviews a cancellation together with the performing partner.

The partner may in particular state:

• which costs have already been incurred,
• whether a vehicle or staff have already been scheduled,
• whether alternative use is possible,
• which cancellation costs arise.

SeaFly reviews this information.

Justified and verifiable cancellation costs may be invoiced to the customer.

26. Termination rights under transport law

Mandatory statutory termination rights remain unaffected.

Insofar as German freight law applies, the consequences of a termination are governed in particular by the relevant provisions of the German Commercial Code.

27. Right of withdrawal for consumers

Consumers may, in principle, have a statutory right of withdrawal for a contract concluded online.

The details result from the separate cancellation policy that is provided to the consumer before or upon conclusion of the contract.

The cancellation policy is not part of these GTC and is displayed separately.

28. Start of performance within the withdrawal period

If, at a consumer's request, a transport or other service is to begin before the statutory withdrawal period has expired, SeaFly may require an express declaration from the consumer.

In doing so, the consumer may expressly request that SeaFly begin the service before the withdrawal period has expired.

Compensation for value may be owed in accordance with the statutory provisions for services already provided up to an effective withdrawal.

Under the statutory conditions, the right of withdrawal may expire once the service has been fully performed.

29. Damage and complaints

The customer or consignee should inspect the goods upon handover as far as reasonable.

Obvious damage should immediately be:

• documented,
• photographed,
• noted on freight or handover documents

and reported to SeaFly without delay.

Concealed damage must be reported without delay after its discovery.

Statutory notification, limitation and liability provisions remain unaffected.

30. Documentation of damage

In the event of damage, the customer should in particular provide the following information:

• order number
• description of the damage
• photos
• transport documents
• handover documents
• existing notes of damage
• proof of the value of the goods
• other relevant documents

SeaFly may forward this information to the partner involved, insurers or other bodies required for processing the claim.

31. Liability of SeaFly

SeaFly's liability is governed by the applicable statutory transport and freight forwarding provisions as well as any effectively incorporated international conventions and – in relation to entrepreneurs – additionally the ADSp 2017.

SeaFly is liable without limitation in particular in the event of:

• intent
• gross negligence
• damage resulting from injury to life, body or health

as well as in other cases in which a limitation of liability is not permitted by law.

Mandatory statutory liability provisions remain unaffected.

32. No liability for non-binding AI output

SeaFly is not liable merely because a non-binding AI output deviates from the later actual:

• the prices
• transport times
• routes
• customs duty rates
• availabilities

as they actually turn out.

Only the agreements confirmed in the specific order are binding.

This does not apply insofar as liability is mandatory by law.

33. Force majeure and extraordinary events

SeaFly is not liable for disruptions in performance insofar as these are caused by events that lie outside the reasonable sphere of influence of SeaFly or the partner used and whose consequences could not have been prevented even with reasonable care.

These can include in particular:

• natural disasters
• extreme weather events
• war
• terrorism
• piracy
• strikes
• port blockades
• government measures
• embargoes
• epidemics
• pandemics
• extraordinary traffic interruptions
• failures of ports, airports or terminals

Statutory rights of the contracting parties remain unaffected.

34. Reviews

After completion of an order, SeaFly may allow customers to rate the service performed or the partners involved.

Reviews must be:

• objective
• truthful
• based on own experience

in every case.

The following in particular are not permitted:

• insults
• untrue statements of fact
• threats
• unlawful content
• reviews without an actual connection to an order

SeaFly may review unlawful or obviously abusive reviews and remove them if necessary.

35. User account

The customer is obliged to keep their access data secret.

Passing on passwords to unauthorised third parties is prohibited.

The customer should inform SeaFly without delay if there is a suspicion that their account is being used without authorisation.

36. Blocking of user accounts

SeaFly may temporarily restrict or block user accounts if there are concrete indications of:

• fraud
• misuse
• unlawful use
• false identity information
• manipulation of the platform
• material breaches of contract
• endangering other users

The legitimate interests of the user are taken into account in this respect.

37. Intellectual property

The following provided by SeaFly:

• software
• platform
• user interface
• texts
• designs
• graphics
• trademarks
• logos
• database structures

are protected within the scope of the statutory provisions.

Reproduction, distribution or commercial use beyond the intended use of the platform is not permitted without the corresponding authorisation.

38. Changes to the GTC

SeaFly may amend these GTC for future contractual relationships.

For individual transport orders already concluded, the terms agreed at the time the contract was concluded apply in principle, unless an effective amendment is expressly agreed.

Material changes to ongoing contractual relationships will be communicated to users in an appropriate manner.

Merely continuing to use the website does not automatically mean that new terms apply retroactively to transport contracts already concluded.

39. Applicable law

German law applies.

In relation to consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the state of their habitual residence.

Mandatory international transport law provisions remain unaffected.

40. Place of jurisdiction

The statutory places of jurisdiction apply to consumers.

If the customer is a merchant, a legal entity under public law or a special fund under public law, Munich is – insofar as legally permissible – the place of jurisdiction for disputes arising from the business relationship with SeaFly.

Mandatory statutory places of jurisdiction remain unaffected.

41. Consumer dispute resolution

SeaFly is willing to participate in dispute resolution proceedings before a consumer arbitration board.

The competent body may in particular be:

Universalschlichtungsstelle des Bundes
Zentrum für Schlichtung e. V.
Straßburger Straße 8
77694 Kehl am Rhein
Germany

The competence of a more specialised consumer arbitration board remains unaffected.

Before initiating arbitration proceedings, we ask consumers to contact us first:

terms@seafly.ai

42. Final provisions

Should individual provisions of these GTC be invalid or unenforceable, the remaining provisions shall in principle remain unaffected.

Invalid provisions are replaced by the statutory provisions.

Individual agreements between SeaFly and the customer take precedence over these General Terms and Conditions.

As of: October 2026

SeaFly.ai
a service of KREATIVAGENTUR Subotic
Stöberlstrasse 80
80686 München
Germany

Contact for questions about contracts and these terms:
terms@seafly.ai