(Status: January 2025)
I. These Terms of Use apply to the use of the Helferei GmbH platform for the mediation between supply and demand and the placing of orders by customers in the field of household and everyday services as well as craft services in private households and commercial facilities.
II. the relevant statutory provisions and any individual agreements shall apply to the service contract between the customer and the service provider or, where relevant, with subcontractors and partner companies. However, these Terms of Use regulate the process of concluding service contracts as well as the revocation process of the same and how they can be terminated by users.
III. these terms of use apply exclusively as the basis for the contracts concluded with Helferei GmbH. Any conflicting or supplementary general terms and conditions of the customer and any subcontracted or partner companies are hereby rejected. They do not apply unless Helferei GmbH has expressly agreed to them in text form.
IV. These Terms of Use apply to all current and future contracts. This also applies if the customer is not expressly informed of the validity of these terms of use by Helferei GmbH when concluding future contracts.
I. Helferei GmbH acts as an intermediary between customers with a demand and service providers and, in selected cases, subcontractors and partner companies that can serve them. The object of mediation are contracts for household and everyday services or manual services.
II. Helferei GmbH is authorized by the service provider to accept booking requests and to make available all information relevant to the processing of an order in accordance with the instructions of the service provider.
III. the actual service contract for household and everyday or manual services is concluded exclusively between the demand and supply side, i.e. between the customer and the service provider or, where relevant, any subcontractors or partner companies. In principle, the relevant legal requirements and any individual agreements apply to this. Helferei GmbH itself is not a contractual partner and is therefore not obliged to execute and fulfill the contracts for services. However, Helferei GmbH is always entitled to act as a representative with power of attorney for the service providers and to conclude contracts with customers and issue invoices on their behalf.
IV. Helferei GmbH receives customer inquiries for orders via its own platform, which can be used online at www.die-helferei.de, via the telephone number provided on this website and at local contact points.
V. First, customers submit the relevant information for the respective order according to the criteria specified by the platform and select suitable service providers, which the Helferei GmbH platform suggests to them. The platform then passes this information on to one or more service providers or, where relevant, subcontractors or partner companies from its own pool. Service providers are free to decide whether to accept an order. Service Providers are available to provide services to Customers in accordance with these Terms of Use. However, they are not obliged to accept booking requests.
VI. If a Service Provider accepts an order, this constitutes a legally binding and payable conclusion of a (i) brokerage contract between the Client and Helferei GmbH for the brokerage of a service and a (ii) service contract between the Client and the Service Provider for the provision of the service in accordance with the order details specified by the Client. Consequently, in this step, a contract for the mediation by Helferei GmbH and a contract for the service to be provided with a service provider or subcontractor or partner company is concluded.
VII For this purpose, the address for the implementation of the order and both email addresses and telephone numbers are transmitted. In addition, an email summarizes all relevant details of the order and the expected costs.
VIII. The text of the contract is not included. It is based on the current version of these Terms of Use, which can be viewed at any time at https://www.die-helferei.de/nutzungsbedingungen.
IX. Helferei GmbH is always authorized to act as a representative with power of attorney for service providers and to conclude contracts with customers and issue invoices on their behalf. It thus acts as an intermediary for service providers when concluding service contracts. However, the service contracts concluded with its customers are executed under the service providers' own organization and responsibility.
I. The Helferei GmbH platform processes rebookings and cancellations by customers and informs the service providers accordingly. Conversely, the Helferei GmbH platform handles the same processes for service providers and, if necessary, finds a replacement to provide services for customers in the event of a failure.
II. service providers are required not to cancel or rebook accepted bookings unless there are important reasons for doing so (e.g. certified inability to work). If there are important reasons, rebookings can be made free of charge via Helferei GmbH after consultation with the customer.
Helferei GmbH shall forward notices of defects from customers for examination and possible correction. Service providers must inform Helferei GmbH truthfully if the scope of an order is to be adjusted, an invoice is not to be issued to clients due to complaints or a credit note is to be issued to them.
I. Helferei GmbH is not liable for the execution of the service contract and any damage caused by service providers or subcontractors/partner companies in connection with it. Service providers and subcontractors or partner companies are fully liable for all damages and any claims for reimbursement arising from or in connection with the service contract. Against this background, Helferei GmbH generally recommends that service providers take out their own liability insurance.
II. claims for damages by customers, service providers or sub/partner companies against Helferei GmbH - for whatever legal reason - are excluded, unless they are based on (i) culpable, i.e. intentional or negligent, injury to life, limb or health or (ii) intent or gross negligence on the part of Helferei GmbH in the context of other damages. In addition, Helferei GmbH is liable for the culpable breach of cardinal obligations. These are obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which the customer, service provider or subcontractor/partner company therefore relies. If the breach of cardinal obligations is not based on intent or gross negligence on the part of Helferei GmbH, the liability of Helferei GmbH is limited to the foreseeable damage typical for the contract.
III Insofar as the liability of Helferei GmbH is excluded or limited, this also applies to the personal liability of its legal representatives, employees and vicarious agents.
IV. Helferei GmbH assumes no liability for the accuracy of the information provided in the course of business registration and tax registration of the service provider. Helferei GmbH also cannot offer any legal or tax advice.
Helferei GmbH complies with all provisions of the General Data Protection Regulation (hereinafter "GDPR") in its currently valid version. Further information can be found in the Helferei GmbH privacy policy.
I. Customers who are consumers can revoke contracts with Helferei GmbH and/or service providers in accordance with the statutory provisions, provided that these were concluded as distance contracts. Helferei GmbH accepts declarations of withdrawal from service providers on their behalf.
II. Cancellation policy
Below you will find the cancellation policy for customers who are consumers:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract
To exercise the right to cancel, you must inform usHelferei GmbH, Willmanndamm 13, 10827 Berlin; e-mail address: hallo@die-helferei.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
(End of the revocation instruction)
III. customers who are consumers can use the following model withdrawal form to exercise their right of withdrawal ((*) delete as appropriate):
To: Helferei GmbH, Willmanndamm 13, 10827 Berlin; e-mail address: hallo@die-helferei.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service: (*)
Ordered on (*)/received on (*)
Name of the customer
Address of the customer
Signature of the customer (only for notification on paper)
Date
I. All contracts concluded between the customer and Helferei GmbH, the provisions of these Terms of Use and all rights arising from or in connection with these contracts shall be governed exclusively by German law, to the exclusion of the norms of international private law which lead to the application of a law other than German law.
II The contractual languages are German and English.
III. the exclusive place of jurisdiction for all disputes arising from or in connection with the contract and these GTC is the registered office of Helferei GmbH.
IV. Helferei GmbH does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.
V. When customers send a booking request, Helferei GmbH receives the right to ask customers for their consent to contact and survey them by email, telephone or post in order to improve and expand the platform's services and to obtain information about their satisfaction with the platform's services. Helferei GmbH also has the right to develop and communicate additions, extensions, news and cooperation offers, e.g. by newsletter. Customers can object to this at any time without incurring any costs other than the transmission costs according to the basic rates. Unsubscribing from the newsletter is described in our privacy policy.
VI. Should individual provisions of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions
I. Customers receive access to the Helferei GmbH platform for the purpose of using the placement service. The platform is available online at www.die-helferei.de, via the telephone number provided on this website and at local contact points.
II. Helferei GmbH accepts booking requests via the platform, by telephone or by e-mail and arranges these with service providers for coordination purposes. Helferei GmbH is under no obligation to ensure the acceptance of a booking request and a corresponding placement.
I. The information provided by Helferei GmbH via the Platform constitutes a non-binding invitation to make a booking request. However, the contract for the use of the Platform shall only be concluded upon submission of the first booking request by the Client and confirmation of the same by a Service Provider. Alternatively, bookings can be made via email, with the customer specifying the scope of the service.
II. employees of Helferei GmbH are only authorized to make verbal agreements on the condition that these agreements are confirmed by Helferei GmbH immediately afterwards and in text form.
III The use of the platform is initially free of charge. Costs are only incurred in connection with the booking of services.
I. Helferei GmbH charges the client €3.90 incl. VAT for the coordination of the booking and placement process. The content of the service contract is based on the booking request, the applicable contract law and any other agreements between the client and the service provider, subcontractor or partner company. partner company.
II. upon conclusion of the contract, the customer undertakes to pay the booking and agency fee of € 3.90 incl. VAT to Helferei GmbH as well as the amount for the service to the service provider(s) or the subcontractor or partner company. The amount of the latter is based on the information provided in the booking process on the Helferei GmbH platform as well as the actual duration of the order or the scope of the order in the case of flat-rate offers or the actual scope of transportation in the case of flat-rate transport offers. In addition, the time required for any procurement of aids and materials as well as the disposal of bulky goods and merchandise may be remunerated and noted in the invoice. In addition, any reimbursement of costs incurred for aids and materials can be claimed on the invoice. A corresponding receipt must be submitted to Helferei GmbH by the service provider.
III. rebookings can be made free of charge via Helferei GmbH. Cancellations made within 24 hours before the planned start of the order will be charged 50% of the order fee, taking into account the booking fee. This does not apply to orders that were arranged via Helferei GmbH less than 24 hours before the planned start of the order. In the case of last-minute cancelations (four hours before the planned start of the assignment), Helferei GmbH will charge the full hourly rate of the service provider(s) as well as its own booking and agency fee.
IV. After the order has been completed, Helferei GmbH reserves the right to check with the client and/or service provider whether the order has been completed by the service provider within the intended scope. If this is not the case, price adjustments to the invoice or adjustments to the scope of the order can be made by mutual agreement between both parties, where appropriate.
V. Upon completion of the order, the client shall receive an invoice. Upon receipt of the invoice, payment must be made to Helferei GmbH or the service provider(s) either by automatic card payment or, where relevant, by bank transfer to the account specified in the respective invoice document within seven days. If payment is not made on time, Helferei GmbH will send a reminder of the delay in payment. In addition, Helferei GmbH reserves the right, where necessary, to block access to the platform until payment has been received. Access will be activated immediately after receipt of the due payment.
I. The contract of use between the Client and Helferei GmbH begins after the initial booking request by the Client via the website www.die-helferei.de, by telephone or at a local contact point. It is concluded for an indefinite period of time. The contract of use can be terminated by either party at any time in writing (email to hallo@die-helferei.de), which is equivalent to deleting the customer account.
II. the agency contract between the customer and Helferei GmbH is concluded with the confirmation of a booking and does not require separate termination.
III. the service contract between the customer and the service provider or subcontractor or partner company begins with the confirmed booking, as described in 1. § 3 VI of these terms of use. It can be terminated by either party at any time. The termination by the Client must be made in text form to Helferei GmbH (email to hallo@die-helferei.de).
I. The provision of household and everyday or manual services in private households and commercial facilities by self-employed entrepreneurs (so-called sole traders) or subcontractors or partner companies via Helferei GmbH and the other use of the website www.die-helferei.de, the telephone contact and the local contact points (hereinafter referred to as the platform) as well as any support measures of Helferei GmbH are exclusively based on these terms of use. Deviations require the express consent of Helferei GmbH in text form.
II Unless otherwise agreed, the Terms of Use in the version valid at the time of registration of the service provider(s) or subcontractor(s) or partner company(ies) or in the version last communicated to them in text form shall apply as the framework agreement for the brokerage of service contracts via the Helferei GmbH platform.
III. service providers are authorized to carry out other orders for clients during the term of their agency contract with Helferei GmbH that they have not acquired through Helferei GmbH. They do not have to inform Helferei GmbH of this.
I. These Terms of Use apply to the ongoing brokerage of contracts in the field of household and everyday or manual services with customers from private households and commercial establishments via the Helferei GmbH platform, which supports the offering and finding as well as the technical processing of such contracts.
II. Helferei GmbH receives a commission from the service providers or subcontractors and partner companies for each service contract brokered. The amount of the commission depends on the respective service category, the specific activity and the scope of the order.
I. Service providers or subcontractors / partner companies can express their interest in utilizing the mediation, support and other services of Helferei GmbH by creating a customer account on the Helferei GmbH platform or by making written or verbal contact. In doing so, they undertake to provide truthful information and to submit the documents requested on the platform.
II Helferei GmbH checks the information and documents and then offers service providers and subcontractors/partner companies that meet the requirements an appointment to meet in person and answer general questions.
III. the registration of a business is a prerequisite for the conclusion of an agency agreement between the service provider and Helferei GmbH, which entitles the service provider to make use of the agency, support, training and other services of Helferei GmbH. The process of registering a business is considered complete at the time of receipt of the tax number from the tax office.
IV. Service providers are not entitled to the benefits specified under § 3 para. 3 on the part of Helferei GmbH.
I. Helferei GmbH is obliged to accept booking requests from clients via the platform and to forward these to service providers for coordination purposes. If a Service Provider confirms a booking on the Helferei GmbH platform, the mediation in the form of a service contract with the Client on behalf of the Service Provider is deemed to have been concluded.
II. Helferei GmbH is under no obligation to ensure the acceptance of a booking request and consequently the brokerage service.
I. Helferei GmbH also undertakes to send invoices to the service providers on its own platform for all services provided and commission payments.
II. the Helferei GmbH platform issues invoices for the services provided and any procurement of aids on behalf of the service providers and handles the dispatch to customers. In this context, service providers are required to provide truthful information about their VAT characteristics on the Helferei GmbH platform and to proactively communicate any changes to Helferei GmbH.
III. Helferei GmbH may conclude its own service contracts with subcontractors or partner companies in individual cases. In these cases, Helferei GmbH will invoice customers, while the subcontractors or partner companies will invoice their services directly to Helferei GmbH.
I. The prerequisite for the placement of service providers by Helferei GmbH is that they have reached the age of majority and have official permission to pursue a self-employed activity in Germany.
II. if both conditions listed under § 6 para. 1 are met, Helferei GmbH will also request the following information and personal data, each of which is known to the service provider and constitutes a prerequisite for the mediation service by Helferei GmbH:
III. any changes to the above information and personal data must be communicated to Helferei GmbH without being asked.
IV. Helferei GmbH reserves the right to obtain references regarding the information on professional and other qualifications and skills before concluding the placement contract and to accompany service providers on individual assignments for quality purposes.
V. Service providers are themselves responsible for the proper and legally compliant payment of all taxes and other duties. Helferei GmbH assumes no liability for this.
VI. service providers agree that their own address and contact data will be transmitted to customers as described in 1. § 3 para. 6, provided that the customer request for this information is in connection with a booking conclusion or another comprehensible reason makes this necessary (e.g. assertion of claims against service providers).
I. Helferei GmbH receives a commission from service providers for its brokerage services and the services provided for processing. The amount of the commission depends on the respective service category, the specific activity and the scope of the order.
II. service providers receive their earnings either automatically a few days after completion of an order via the Helferei GmbH platform, or, where payment is made manually by bank transfer, within seven bank working days of invoicing the customer. They must ensure that their account has sufficient funds or that a manual bank transfer is made on time to the specified account of the service provider(s).
I. An agency contract between the service provider and Helferei GmbH begins after the service provider has been registered as a business and registered for tax purposes, and after Helferei GmbH has checked the service provider or subcontractor/partner company. For this purpose, Helferei GmbH has the right to approve or reject service provider profiles for activation on its own platform.
II. the term of an agency agreement is for an indefinite period and can be terminated by either party at any time subject to the statutory notice periods. Notice of termination must be given in text form (email to hallo@die-helferei.de).
I. Upon conclusion of the brokerage contract between Helferei GmbH and service providers, Helferei GmbH receives the right to ask service providers for their consent to contact and survey them by email, telephone or post in order to improve and expand the platform's offerings and to obtain information about their satisfaction with the platform's offerings. Helferei GmbH also has the right to develop and communicate additions, enhancements, news and cooperation offers, e.g. by newsletter. The service providers can object to this at any time without incurring any costs other than the transmission costs according to the basic rates. Unsubscribing from the newsletter is described in our privacy policy.
II. Helferei and service providers undertake to comply with the relevant statutory provisions on the protection of personal data. Further information on Helferei GmbH's obligations can be found in Helferei GmbH's privacy policy. Service providers undertake to use the personal data of customers made known to them through a booking request exclusively for the fulfillment of the respective service contracts concluded.
III. Helferei and the service provider undertake to treat all customer information and information on processes, services to be provided by the parties and commission as strictly confidential. This also applies to the period after termination of the contractual relationship, if and insofar as they are not obliged or entitled to disclosure due to legal provisions or contractual agreements.
