General Terms and Conditions of Happy Helper GmbH for the use of the online platform for the mediation of household-related services as a Helper.
These terms and conditions of use are valid as of October 28, 2022
1 General, scope of application and platform operator
1.1 These General Terms and Conditions (GTC) apply to all legal entities and natural persons who register as self-employed service providers ("Helper") on the online mediation platform (hereinafter referred to as "Platform") operated by Happy Helper GmbH (c/o Ruby Carl Workspaces, Breite Straße 27, 40213 Düsseldorf, registered in the Commercial Register of the Local Court of Düsseldorf under HRB 94204, hereinafter referred to as "Happy Helper") and register as Helper. This platform is accessible via www.happyhelper.de as well as via an app for mobile devices.
1.2 The platform serves to broker household-related services (hereinafter referred to as "service") and offers the registered user of the platform (hereinafter referred to as "booker") the opportunity to commission the services offered by self-employed service providers (hereinafter referred to as "helper") on their own responsibility via this platform. Happy Helper only acts as an intermediary between the Booker and the Helper. A contract for a commissioned service is concluded exclusively between the Booker and the Helper.
1.3 These GTC exclusively regulate the relationship between Happy Helper and the Helper. The Helper can load these GTC into the working memory of the terminal device used by him or print them out.
2 Subject matter of the contract
2.1 Happy Helper operates the platform described in section 1 and accordingly acts as a technical service provider and intermediary. Happy Helper assists in the mediation of household-related services between a Booker and the Helper and establishes contact between the Helper and the Booker for this purpose.
2.2 Happy Helper mediates the service in accordance with clause 5 of these GTC and receives a mediation and service fee from the Helper for each mediated service as well as a fee for any required insurance cover in accordance with clause 9 of these GTC. The prices listed at the time of the mediation shall apply.
2.3 For the use of the electronic payment system Stripe (company Stripe Payments Europe Limited, The One Building, 1, Lower Grand Canal Street, Dublin 2, Ireland) integrated into the platform, the special terms and conditions of Stripe apply (see section 7 of these GTC). Happy Helper is not involved in the payment processing process, but only mediates a payment service contract between Stripe and the Helper.
3 Registration as a Helper
3.1 By opening a Helper Account on the Platform, the Helper offers Happy Helper the conclusion of a master brokerage agreement ("Brokerage Agreement"), directed at the subject matter of the agreement defined in section 2 of these GTC.
3.2 Happy Helper accepts or rejects the offer at its discretion after checking the data provided by the Helper when creating the account and the documents submitted. Acceptance is effected by activation of the Helper account and is confirmed to the Helper by e-mail.
3.3 Within the scope of the registration, the Helper must truthfully provide the following currently valid data and transmit it to Happy Helper:
- First name and surname
- email address
- telephone number
- Copy of the Gewerbeanmeldung / Trade License
- Tax number and/or VAT identification number
- valid bank account
- (in case of a legal entity) commercial register number
3.4 The Helper agrees to the processing and forwarding of his data to the payment service provider mentioned in clause 7 of the GTC and to the insurance company mentioned in clause 9 of the GTC.
3.5 Happy Helper is not entitled to charge a registration fee for the registration of the Helper.
3.6 The Helper is obliged to inform Happy Helper immediately of any subsequent change in the data mentioned in section 3.3. by updating the data in the Helper profile accordingly.
3.7 Registration of the Helper is only possible upon the presentation of a valid trade license. The Helper declares that he provides the services offered on the platform exclusively within the scope of his registered trade.
4 Mediation of services
4.1 The Platform provides the Booker with a function that enables the Booker to submit a request for the provision of a one-time and/or recurring household-related service (hereinafter referred to as "Request"). The enquiry must include the place, date, time, the desired scope of services and an estimate of price.
On the basis of this request, Happy Helper determines from the helpers registered with Happy Helper those who appear to be suitable for the performance of the service and provides the Booker with a selection of possible helpers based on this information. Happy Helper forwards the Booker's request either to a Helper specifically selected by the Booker from this selection or to all Helpers deemed suitable by Happy Helper for the provision of the requested service.
The helper specifically selected by the Booker or the helpers identified by Happy Helper are then given the opportunity to submit a binding offer for the provision of the service requested by the Booker (hereinafter referred to as "offer"). However, the offer can also be provided with deviating conditions (e.g. with regard to the date, the time, the price).
4.2 Happy Helper transmits the submitted offers of the helpers to the Booker. The Booker can freely choose from the submitted offers and, by submitting a declaration of acceptance to Happy Helper, commission the provision of the service by a Helper determined by him/herself. Happy Helper accepts the declaration of acceptance from the Booker in the name of a third party and with effect for and against the Helper. Happy Helper immediately confirms to the Booker and the Helper the conclusion of the service contract concluded exclusively between the Booker and the Helper.
4.3 The Helper expressly authorises Happy Helper to accept a Booker's declaration of acceptance of the service offer submitted by the Helper with effect for and against the Helper.
4.4 The Helper is not obliged to submit a binding offer in response to an enquiry from a Booker.
4.5 The Helper determines his remuneration for the service offered freely and on his own responsibility.
4.6 The Helper agrees to the disclosure of his address and contact data to the respective Booker in connection with the performance and billing of an agreed service.
4.7 The claim of Happy Helper against the Helper for payment of the commission does not remain valid in full even if the agreed service is not carried out due to circumstances for which the Helper is responsible, the Booker refuses payment due to poor execution of the service or payment is not made for other reasons and/or is reclaimed by the Booker.
4.8 The Bookers have the opportunity to rate a service after it has been performed. The evaluations must be factual and truthful and may not contain any insults or other content that violates legal regulations or morality. Violations may lead to the complete or partial deletion of the rating, to the blocking of the user as well as to further appropriate measures.
4.9 The Helper is also free during the term of this agreement to carry out other assignments for clients not mediated via Happy Helper.
4.10 Happy Helper does not vouch for the success of a referral.
5.1 Within the framework of the possibility offered on the platform for a Booker to select one of several Helpers, Happy Helper first determines the suitable Helper(s) according to the Booker's entries and the settings preset by Happy Helper and adjustable by the Booker at any time.
5.2 The possible filter settings are equally weighted among each other. The filter criteria refer to the requested remuneration of the Helper, the availability, the distance between the Booker and the Helper as well as to the experience values and ratings submitted for the Helper.
6 Suspension, restriction or termination of the placement option
6.1 Happy Helper is entitled to immediately restrict or suspend the provision of the Platform to a Helper if
a) the Helper provides incorrect information or other inaccurate and/or incomplete information in accordance with clause 3.3 or;
b) Happy Helper receives a disproportionate number of complaints from Bookers regarding the Helper's services provided via the Platform, the facts of which are not refuted by the Helper within a reasonable period of time, or;
c) the Helper no longer fulfils the requirements for the mediation of its services via the Platform in accordance with section 3.7 of these GTC or;
d) Happy Helper is subject to legal or officially ordered obligations which require a suspension or restriction of the provision of the Platform for a specific Helper.
6.2 Happy Helper is entitled to terminate the provision of the Platform to a Helper in its entirety, subject to the requirements of clause 6.3 below, if
a) the Helper has not fulfilled payment claims of Happy Helper arising from the mediation of the services of the Helper via the platform despite due date and reminder and at least six weeks have passed since the first reminder by Happy Helper or;
b) the Helper repeatedly provides incorrect information or other inaccurate and/or incomplete information with regard to its services to be arranged via the Platform or;
c) Happy Helper can prove that the Helper concerned has repeatedly violated the GTC and/or individual contractual agreements between Happy Helper and the Helper or;
d) Happy Helper exercises a right to termination based on a compelling reason under national law that is in accordance with Union law; or;
(e) Happy Helper is subject to legal or regulatory obligations requiring complete termination of the provision of the Platform to a particular Helper.
6.3 If Happy Helper decides to completely terminate the provision of the Platform for the mediation of services of a Helper, it shall provide the Helper concerned with the reasons for this decision on a durable data medium at least 30 days before the termination takes effect. Sentence 1 does not apply if Happy Helper
a) is subject to legal or officially ordered obligations which require a complete termination of the provision of the Platform for a specific Helper and do not allow him to comply with the deadline or;
(b) exercises its right to terminate on the basis of a compelling reason under national law that is in conformity with Union law; or;
c) can prove that the Helper concerned has repeatedly breached the GTC and/or individual contractual agreements between Happy Helper and the Helper, resulting in the complete termination of the provision of the Platform for the mediation of the Helper's services; or.
In the cases of sentence 2 a) or b) Happy Helper will immediately provide the Helper concerned with a justification for its decision on a durable data carrier, unless Happy Helper is not allowed to disclose the specific facts or circumstances and the applicable reason(s) due to legal or officially ordered obligations.
6.4 Happy Helper is entitled to restrict or terminate the provision of the platform as a whole subject to a notice period of one month.
7 Payment processing
7.1 All payments between a Booker and a Helper in connection with a service agreed via the Platform are made via the electronic payment system Stripe (company Stripe Payments Europe Limited, The One Building, 1, Lower Grand Canal Street, Dublin 2, Ireland) (hereinafter referred to as "Stripe") integrated on the Platform.
7.2 When using the electronic payment system, a separate contract is concluded between the Helper and Stripe on the basis of the applicable contractual terms (Link) of Stripe. The Helper agrees to the use of Stripe and accepts the contractual terms of Stripe.
7.3 The Helper agrees to the disclosure of the data necessary for payment processing to Stripe. The disclosure of this information also serves to comply with anti-money laundering rules as well as "know-your-customer" rules (in short: "KYC"). Happy Helper reserves the right to perform KYC identification requirements on a Helper at any time to avoid future transactions and payments being blocked by Stripe due to KYC violations.
7.4 After a Service has been provided, the Booker will receive an invoice from Happy Helper for the placement fee paid by the Booker to Happy Helper. In addition, Happy Helper will issue an invoice to the Booker in the name of the Helper for the service it has provided, which, depending on the instructions of the Helper, will show the statutory VAT or contain a reference to any existing VAT exemption. The invoice shall be issued electronically.
7.5 Upon conclusion of an agreement between the Helper and a Booker on a service to be provided, the Helper instructs Stripe to collect the total price of the booking shown to the Booker from the Booker and to hold the collected amount in trust for the Helper. The payment from Stripe to the Helper will normally be made on a monthly basis.
7.6 The Helper additionally instructs Stripe, upon conclusion of an agreement between the Helper and a Booker on a service to be provided, to pay the commission due to Happy Helper directly to Happy Helper from the amount collected by the Booker.
7.7 The Helper is solely responsible for any taxes and duties payable by him in connection with the performance of the Service.
8 Cancellation and revocation by the Booker
8.1 A Booker who is a consumer is generally entitled to a statutory right of cancellation for service contracts concluded by way of distance selling. The Helper authorises Happy Helper to receive a declaration of revocation submitted by a Booker. Happy Helper informs the Helper immediately about a declaration of revocation received from a Booker.
8.2 The rights and obligations resulting from a revocation or cancellation by a consumer exist expressly only between the Helper concerned and the Booker.
9.1 Happy Helper has taken out a shell insurance policy with the insurance company Hiscox SA, via its branch for the Federal Republic of Germany, Arnulfstraße 31, 80636 Munich, registered in the Commercial Register of the Local Court of Munich under HRB 238125 (hereinafter referred to as the "Insurance Company"), which covers any damage to a Booker in connection with the service provided by the Helper in accordance with the applicable insurance conditions.
9.2 As a matter of principle, each Helper is also insured under this shell insurance against payment of a fee shown separately in the registration process and to be borne by the Helper. This does not apply if and as long as the Helper confirms and proves to Happy Helper that he is in possession of an equivalent and valid liability insurance.
9.3 The Helper agrees to the transfer of his personal data as well as the data on the mediated service (place, time and duration of the mediated service) to the insurance company.
9.4 Should an insurance claim occur, the claims settlement is the sole responsibility of the Helper. Happy Helper will assist in this as far as possible without assuming any obligation.
10 Liability of Happy Helper
10.1 Happy Helper does not assume any liability for the performance and quality of the service arranged by Happy Helper by the respective Helper. Happy Helper is also not liable for any damages incurred by the Helper, Booker and/or third parties due to and/or in connection with the provision of the service by the Helper.
10.2 Happy Helper is liable in accordance with the statutory provisions for intent and gross negligence on the part of Happy Helper, its legal representatives, executive employees or other vicarious agents. The same applies in the event of the assumption of guarantees or any other assumption of strict liability as well as in the event of claims under the Product Liability Act or in the event of culpable injury to life, limb or health. Happy Helper is also liable on the merits for simple negligent breaches of essential contractual obligations caused by Happy Helper, its representatives, senior employees and other vicarious agents. These are obligations on the fulfilment of which the Booker regularly relies and may rely for the proper performance of the contract, but in this case limited to the amount of the typically arising, foreseeable damage. Any further liability of Happy Helper is excluded.
10.3 Happy Helper accepts no responsibility for the content of external websites to which links are provided on the Happy Helper platform for ease of navigation.
11 Ancillary goods and services
11.1 Happy Helper reserves the right to market products and services of the Helper to end customers within the framework of marketing campaigns by means of advertising material, advertising material placements (e.g. on the platform), own additions (e.g. merchandising products, vouchers) as well as the always optional possibility of using own ancillary goods and services or those of third parties.
11.2 The Helper is not authorised to offer its services via the Platform by means of its own free gifts and ancillary goods and/or services.
12 Data Access
12.1 Happy Helper processes the personal data of the users required for the performance of this contract and for the implementation of pre-contractual measures within the framework of the relevant data protection provisions and passes this data on to the Helper and the Booker to the extent that it is required for the implementation and billing of the mediated service.
12.2 In the course of providing the Platform, Happy Helper generates personal and other data. Happy Helper does not provide the Helper with access to the personal and other data provided by commercial users and consumers for the use of the Platform or generated in the course of the provision of the Platform beyond the scope described in clause 14.1.
13.1 Helpers must not use or enable others to use Happy Helper's trade secrets or other information about Happy Helper which is not in the public domain without authorisation.
13.2 This duty of the Helper applies both during the contractual term and for 24 months after termination of the contractual relationship.
14 Duration and termination of the contract with Happy Helper
14.1 The mediation contract with Happy Helper begins with the complete activation of the Helper profile and runs for an indefinite period.
14.2 The Helper is entitled to terminate his contractual relationship with Happy Helper at any time. The Helper can give notice of termination by email to email@example.com or in his Helper profile.
15 Intellectual Property Rights
15.1 Happy Helper is the owner of all intellectual property rights of the platform. This concerns in particular the copyrights to the software code of the platform, the right to the domain, the right to the registered trademarks "HappyHelper", as well as the photos, texts, videos and marketing materials posted by Happy Helper. All intellectual property rights remain exclusively with Happy Helper. In particular, the Helper is not permitted to reproduce, distribute or commercially use the contents of Happy Helper without the consent of Happy Helper.
16 Amendment of these GTC
16.1 The version of the GTC valid at the time of registration applies. Happy Helper may propose to the Helper to amend these GTC at any time.
16.2 Happy Helper may implement a proposed change to the GTC, provided that the Helper notifies Happy Helper of the proposed change to these GTC with a reasonable and proportionate notice period of at least 15 days on a durable medium and the Helper does not terminate the contractual relationship with Happy Helper before the expiry of the notice period.
16.3 The period referred to in 13.2 shall be longer than 15 days if this is necessary to enable the Helper to make any technical or business adjustments required as a result of the change. The period referred to in 13.2 does not apply if Happy Helper
a) due to legal or officially ordered obligations, changes to the GTC have to be made in a way that does not allow it to comply with the deadline or;
(b) in exceptional circumstances, has to amend the T&Cs to address an unforeseen and imminent risk in order to protect the Platform, consumers or commercial users from fraud, malware, spam, breaches of data protection or other cyber security risks.
The submission of an offer to provide a service via the Platform before the expiry of the time limit under 13.2 shall be deemed to be an unambiguous act by the Helper confirming the proposed amendment to the T&Cs and waiving the time limit. This shall not apply in cases where the time limit under 13.3 is more than 15 days.
17.1 Any Helper shall, in the case of
a) an alleged failure by Happy Helper to comply with any of the obligations set out in these T&Cs and/or the Fairness and Transparency Regulation (EU) 2019/1150 of 20 June 2019, which affects the relevant Complaining Helper; or;
(b) technical issues directly related to the provision of the Platform affecting the Complaining Helper; or;
c) actions or conduct of Happy Helper directly related to the provision of the Platform and affecting the complaining Helper the right to lodge a complaint through Happy Helper's internal complaints management system.
17.2 Access to Happy Helper's internal complaints management is free of charge and can be reached by email at firstname.lastname@example.org.
17.3 In the event of a complaint, the complaining Helper must state his full name and address in his complaint e-mail and provide a description of the subject of the complaint.
17.4 Happy Helper will thoroughly examine each complaint of a Helper, taking into account the importance and complexity of the problem, and process it promptly in order to bring about an appropriate solution, and will subsequently inform the Helper in text form of the result of the internal complaint management procedure.
17.5 Happy Helper will make further information on the effectiveness of the internal complaints management system publicly available and will update this at appropriate intervals (at least once a year).
18.1 German law applies exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG of 11.04.1980) and the conflict of laws rules of private international law.
18.2 Should one of the provisions of these GTC be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the invalid or void provision shall be replaced by the applicable statutory provision. The same shall apply to loopholes.
18.3 The place of jurisdiction for all disputes arising from this contract is agreed to be at the registered office of Happy Helper, unless otherwise stipulated by mandatory law.