Terms and conditions

1. Preamble

1.1. Crane Now GmbH, FN 606781a, Brauhausstraße 3/2/6, 2351 Wiener Neudorf, Austria, operates a marketplace / rental platform for cranes, work platforms and other equipment rentals or sales (hereinafter “Listings”) on the website www.cranenow.com, where listings are displayed to buyers and rental companies (hereinafter “Customers”) and sellers and rental companies (hereinafter “Suppliers”) based on specified data and criteria.

1.2. The platform www.cranenow.com (hereinafter “Crane Now” or “Marketplace Platform”) provides Customers and Suppliers (collectively “Users”) with a marketplace / rental platform for renting, leasing, buying, or selling equipment (cranes, aerial work platforms, forklifts, construction machinery, containers, personnel, accessories, transport vehicles, construction site equipment, any kind of site installations; collectively “Equipment”).

1.3. Users of Crane Now may act as both Customers and Suppliers. Users can place Listings on this marketplace or advertising platform or contact advertisers and conclude contracts for the listed equipment.

2. General Provisions

2.1. These GTC apply to the use of the marketplace / rental platform www.cranenow.com (including cranenow.at/.de/.eu and crane-now.at/.de/.eu) and to orders, contracts and transactions between Crane Now and the Users in relation to the Equipment listed under Section 1.2.

2.2. These GTC exclusively govern any use of and engagement with the services of the Crane Now marketplace / rental platform by potential Customers and Suppliers.

2.3. Any terms and conditions of Users that deviate from, contradict, or conflict with these GTC are not recognized by Crane Now and shall not form part of the contract, unless Crane Now explicitly agrees to them in writing.

2.4. These GTC also apply to future transactions between Crane Now and the Users, even if no express reference is made to them in future contracts.

2.5. If Users do not agree to these GTC, they cannot use the services offered by Crane Now.

2.6. Listings by Users (see Section 4.1) must comply with legal regulations, especially those of the E-Commerce Act (ECG), the Unfair Competition Act (UWG), and the Trade Regulations Act (GewO).

2.7. Crane Now enables Users to sort or filter search results by various criteria (e.g., product category, date, place of use, delivery, collection, inspection).

2.8. Listings automatically deactivate after the agreed term. If an unlimited listing period is agreed, the listing remains active until the User deactivates or deletes it, in any case for a maximum of 12 months.

2.9. Crane Now is entitled, but not obligated, to review listings for legal compliance and to suggest necessary changes. Crane Now may also make legally required modifications without prior consultation with the User (e.g., deletion of links to competitors, marking as “advertisement,” etc.).

2.10. Compliance with agreed payment dates (see Section 7) is an essential condition for using the intermediary platform. In the event of payment default, Crane Now is entitled, after setting a 14-day grace period, to suspend services (deactivate the User profile) or to terminate the contract with immediate effect.

2.11. Planned maintenance and upgrades will be carried out, if feasible, before 8:00 AM or after 8:00 PM and throughout weekends. Should the marketplace / rental platform be unavailable or maintenance essential to contractual performance be required due to technical or other reasons beyond Crane Now’s control, Users cannot derive any legal consequences from this.

3. Terms of Use

3.1. Use of the Crane Now marketplace / rental platform is permitted only for legally competent natural persons at least 18 years of age. Use by legal entities is governed by law (regarding authorization to represent).

3.2. Crane Now reserves the right to exclude or restrict persons from using the platform without providing reasons.

3.3. Crane Now provides Users, for a fee (see Section 7), with a right to use the marketplace / rental platform. The scope of the user account depends on the individually agreed contract. Access is provided via online registration with a username and password. Crane Now may impose specific requirements on password composition.

3.4. Users are obliged to keep their access data (username, password, etc.) confidential and protect it against unauthorized access by third parties. Users must immediately notify Crane Now in writing of any misuse or unauthorized use. Until such notification, all access and use of services linked to the User account are attributed to the User.

3.5. Users enter their data in the required fields on the marketplace / rental platform and confirm having read and accepted these GTC. After reading and accepting the privacy notice, they must submit their data to the operator by clicking the “I accept the terms” button. At this point, the (usage) contract is concluded, and Users receive a confirmation email to the provided address.

3.6. From activation until the expiry of the agreed service period, checking and, if necessary, amending the Listing for content, legality, timeliness or other accuracy, as well as deactivation or deletion, is the responsibility of the User. By entering the Listing, the User explicitly confirms publication in this form; Crane Now assumes no liability.

3.7. Users are therefore obliged to promptly deactivate or delete Listings that are no longer current (e.g., sold items).

3.8. Users may post multiple Listings. Listings must be posted in the correct category and region. Crane Now reserves the right to publish Listings in the correct category without prior notice or delete Listings posted in the wrong category without transferring them to the correct category.

3.9. If a User account is inactive, Crane Now reserves the right to deactivate it without any claims by the User.

4. General Listing Guidelines

4.1. The website provided by Crane Now is a marketplace / rental platform. Customers can place demand listings (so-called RFQs) and/or contact Suppliers directly and conclude contracts. Suppliers can respond directly to Customers’ requests (accept or submit counter-offers). Listings do not constitute binding offers by Crane Now. Contracts are concluded exclusively between Users. Crane Now therefore does not guarantee that a contract will or will not be concluded or that a listing will achieve a particular result. Crane Now is not responsible for the accuracy of Users’ identity details or their availability via provided contact data. Business transactions are subject to the Austrian Business Code (UGB) or other relevant statutory provisions.

4.2. The information obligations under § 6 para. 1 ECG and § 63 Trade Regulations Act are complied with. Changes to data (e.g., company name, address) must be reported to Crane Now in writing without delay, at the latest within 2 weeks. Crane Now is entitled to send legally effective declarations to the last provided address.

4.3. Crane Now is entitled at any time to request suitable proof from Users (trade license, power of attorney, company register extract, etc.).

4.4. By registering (free of charge until revoked) at www.cranenow.com, a contract of indefinite duration is established under these GTC between Crane Now and the User, which allows the User free use of additional features (e.g., search agent, watchlist) and is a prerequisite for posting listings or directly accepting services on the platform. There is no entitlement to registration.

4.5. Users undertake to report the conclusion of a rental or purchase contract without delay — at the latest within 14 days after conclusion of the contract between Customer and Supplier.

5. Listing Posting

5.1. RFQ demand listings and bidding procedure:

5.1.1. Customers may post their equipment needs via Crane Now. Suppliers entitled to use this equipment may submit offers in a bidding process by activating their User account.

5.1.2. The Customer may then select a contracting party from among the Suppliers’ offers by accepting an offer or submitting a counter-offer.

5.1.3. Users are not permitted to submit multiple offers under the same company in a single bidding process. This does not apply to subsidiaries with separate legal personality.

5.1.4. Subsidiaries may submit their own offers and conclude contracts. Violation of this rule may result in a contractual penalty of up to EUR 50,000.

5.2. Direct rental / direct purchase:

5.2.1. Alternatively, Users may use the direct mediation feature. Key contract points (e.g., equipment, price, consideration) are defined and posted by Users. After approval by Crane Now, other Users may conclude the contract directly by clicking “SUBMIT.” The contract is then concluded directly between Users.

6. Data and Data Protection

6.1. The applicable data protection laws are observed. Users agree that Crane Now may store, use, and evaluate the data provided or arising from the business relationship for its services and related purposes (e.g., market research, advertising, administration, billing, support, tailored offers, improving services), create evaluations and statistics and use or publish these results.

6.2. Users further consent to Crane Now using the same data to send information on listings, special and promotional offers by mail, email, fax, phone, or SMS. Users may object at any time by email to info@cranenow.com or by mail to the address in the legal notice.

6.3. Crane Now is also entitled to store and use IP address logs as permitted by law. Data is protected according to current technical standards. Crane Now is not liable for unlawful third-party intrusions (e.g., viruses, hacking). Crane Now may engage third parties for services and data processing in compliance with data protection regulations. Users acknowledge that their data may be viewed by third parties for technical reasons.

6.4. Users expressly agree — and waive any claims e.g., for privacy violations — that their data may be stored and disclosed to authorities (police, courts, agencies, competition protection associations or under § 14 UGB authorized entities, Austrian Advertising Council) investigating materials/content disseminated by Users or unlawful activities. This includes private electronic communications. Users also consent to data being disclosed to third parties whose rights have been violated by content distributed via Crane Now or who credibly claim such violation (especially under requests for information like § 18 (4) ECG). Users expressly consent to their data being transmitted to authorized credit agencies and institutions for credit checks. This consent may be revoked at any time (see Section 6.2).

6.5. If it becomes apparent that a User violates statutory provisions, these GTC or usage conditions, or otherwise offends common decency, reputation or interests of Crane Now or impairs website functionality, Crane Now reserves the right to terminate the account, block the User, delete the listing (RFQ), and terminate the contract immediately. The User has no compensation claim. Crane Now retains the full agreed fee. Further claims by Crane Now remain unaffected. Upon termination, blocking, or deletion of listings (RFQs) or other content, Crane Now is entitled to delete all data (including photos) without any compensation.

6.6. Cookies can generally be rejected or deleted via browser settings. In such case, however, not all functions of the Crane Now platform may be fully usable

6.7. Otherwise, the privacy policies of Crane Now apply.

7. Fees and Payment

7.1. By registering, Users conclude a mediation contract with Crane Now and a usage contract for the marketplace / rental platform platform, obligating them to pay a flat monthly platform fee.

7.2. The current platform fees are listed in the package fee overview available at www.cranenow.com (including cranenow.at/.de/.eu and crane-now.at/.de/.eu). Crane Now reserves the right to change these fees at any time without providing reasons. Users will be informed by email about changes and when they take effect. Section 11.2 of these GTC applies accordingly.

7.3. The accepted payment methods are displayed on the platform. Unless otherwise stated, prices are in EUR exclusive of VAT.

7.4. Payment between Users is subject to the payment terms individually agreed between them.

7.5. Payment to Crane Now is due within 14 days of accepting a rental or purchase offer and must be made using the available payment methods (credit card, online banking, etc.).

7.6. Crane Now may issue a collective invoice for all its services, regardless of whether these arise from different contracts.

7.7. When paying by payment slip, invoices can be requested in the user account and are issued exclusively by email.

7.8. Crane Now reserves the right to round amounts to the nearest full cent.

7.9. Invoices must be contested within 14 days of receipt; otherwise they are deemed accepted.

7.10. Users must indicate their customer number on payment records. Additional research costs incurred will be charged to the User. Only proper allocation results in a debt-discharging payment.

7.11. If paying by credit card or direct debit, the User must ensure the card/account is valid and active. Any delays due to expired or blocked cards/accounts are at the User’s expense. Default interest of 7-11% may be charged.

8. Copyright

8.1. The User expressly acknowledges that the copyright or related protection rights in the overall presentation and individual components of listings created by Crane Now, as well as content posted by Users and all other content published on the platform (texts, trademarks, photos, databases, layout, etc.), exclusively belong to Crane Now. Unless otherwise agreed in writing, no rights are transferred to the User upon payment.

8.2. Without prior written agreement, the User is not permitted to use listings created by Crane Now outside Crane Now websites. Violations entitle Crane Now to charge a penalty of up to EUR 50,000.

8.3. Users are not permitted to influence the design of Crane Now websites or listings (e.g., visually or structurally).

8.4. By submitting or entering listings (e.g., manual input, data interface), the User grants Crane Now — either personally or on behalf of the rights holder — the exclusive and transferable right to use these contents without temporal or geographic limitation within Crane Now and its partner/group media, to distribute, modify, edit, publish or make publicly available. This also includes use for Crane Now’s self-promotion. Crane Now has the right, but not the obligation, to defend transferred usage rights and enforce resulting claims in its own name. The User shall support Crane Now in such efforts to the fullest extent.

9. Warranty and Liability

9.1. All contracts or transactions between Suppliers and Customers that are concluded or initiated via Crane Now exist solely between Users. Crane Now therefore accepts no liability for products, services, damages arising from these relationships, or the formation/non-formation of contracts.

9.2. All claims arising from the conclusion or non-conclusion of contracts between Users must be asserted directly against the contractual partner, not Crane Now.

9.3. Users are responsible for the links they use. Crane Now expressly disclaims responsibility for linked content. Links are not checked by Crane Now. Crane Now accepts no liability for damages arising from linked content. Crane Now is not responsible for the data protection practices or content of such sites.

9.4. Crane Now accepts no responsibility for listings being posted or removed at a specific time.

9.5. Crane Now provides no warranties or guarantees and is not liable under warranty, product liability, or damages for any equipment offered on the platform. Listings do not represent binding offers by Crane Now.

9.6. Where content or listings are posted or made accessible by Users or on their behalf, Crane Now accepts no liability of any kind for their content, accuracy, timeliness, reliability, misuse, typographical or transmission errors, or for contactability via the provided information.

9.7. Users declare they will use the platform only within the contractual or legal framework and without violating third-party rights, especially not infringing copyrights, competition, trademark or other rights without consent.

9.8. Users indemnify and hold Crane Now harmless from any third-party claims attributable to them, including legal and court costs. This applies in particular if Crane Now is held liable civilly or criminally, in or out of court, especially under defamation, insult, damage to credit under the Penal Code, the Media Act, Copyright Act, UWG or civil claims for defamation and/or damage to credit (§ 1330 ABGB) because of content posted by the User.

9.9. Crane Now’s warranty to Users is limited to reproduction of paid listings according to the current technical standard and data availability. Free listings or services (search agents, watchlists, forwarding inquiries) do not entitle the User to claims. No liability is accepted for minor errors not materially affecting the sense of the listing.

10. Term and Termination

10.1. Sending termination of the contract by Crane Now by email is sufficient and is deemed received upon server/mail service confirmation by the User.

10.2. Users may terminate contracts under these GTC at any time by deleting their account. After termination, Users have no access to data provided or generated. Statutory (esp. data protection) rights remain unaffected.

10.3. Crane Now may terminate the contract, block the User, or delete listings without compensation, especially for:

• breaches of these GTC, listing rules, or usage conditions;
• third-party advertising or links to other websites;
• justified suspicion of misuse of the platform or Crane Now services;
• violation of statutory provisions, key contractual provisions, decency, Crane Now’s reputation or legitimate interests;
• termination of contracts between the User and Crane Now or a partner due to User breaches;
• incomplete or incorrect details on order or failure to provide requested proof;
• lack of official authorizations (e.g., trade license), legal or business capacity;
• payment default to Crane Now or a partner.

11. Amendments to the GTC

11.1. Crane Now may change the GTC at any time without stating reasons. Users will be informed by email.

11.2. Consent is deemed given if the User does not object in writing (including by email) within four weeks of receipt. This will be highlighted in the notification. If the User objects in time, the amended GTC do not apply; the unamended GTC continue to apply.

12. Final Provisions

12.1. Any side agreements, changes or additions must be in writing to be valid. This also applies to waiving the written form requirement.

12.2. Information, data, documents, trade secrets, ideas, know-how, codes, etc. (“Information”) disclosed to the User during the business relationship are strictly confidential unless publicly known or explicitly marked as non-confidential by Crane Now. Users may not use or disclose such confidential information outside the contractual purpose without authorization.

12.3. All rights and obligations transfer to legal successors. Users may not transfer rights or obligations to third parties without Crane Now’s prior written consent.

12.4. Austrian law applies exclusively, excluding conflict-of-law rules and the UN Sales Convention (CISG).

12.5. The exclusive place of jurisdiction for disputes arising out of or in connection with this contract is Vienna, Austria.

12.6. If any provision of this contract is invalid, the remaining provisions remain unaffected. The invalid provision shall be replaced by a valid one that most closely reflects the economic intent. The same applies to contractual gaps.

Version: January 2026