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General Terms and Conditions (Booker)
General Terms and Conditions (Booker)
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Written by Sebastian Hermans
Updated over a week ago

General Terms and Conditions of Happy Helper GmbH for the use of the online platform for the mediation of household-related services.

These terms of use are valid as of August 25, 2021

1 General, platform operator and subject matter of the contract

1.1 These General Terms and Conditions apply to the use of the online mediation platform (hereinafter referred to as the "Platform") operated by Happy Helper GmbH (c/o Ruby Carl Workspaces, Breite Straße 27, 40213 Düsseldorf, Germany, registered in the Commercial Register of the Local Court of Düsseldorf under HRB 94204, hereinafter referred to as "Happy 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 acts only as an intermediary between the Booker and the Helper. A contract for a commissioned service is concluded exclusively in the relationship between the Booker and the Helper.

1.3 The use of the platform requires a successful registration and agreement to the currently valid General Terms and Conditions by the Booker.

1.4 The Booker is obligated to provide Happy Helper with truthful information about his person, address, e-mail address, telephone number and the desired payment method during the registration as well as to update this master data during the term of the user contract in case of changes. Changes of the master data are to be made by the Booker in his own user profile.

1.5 The contract on the use of the platform between the Booker and Happy Helper is concluded upon completion of the registration on the platform. Happy Helper confirms the completion of the registration to the Booker by means of an email.

1.6 Happy Helper is entitled to restrict or terminate the provision of the platform in whole or in part.

2. procedure of the booking of a household-related service

2.1 The platform provides the Booker with a function that enables him to make a request for the provision of a one-time and/or recurring household-related service (hereinafter referred to as "request"). The request has to include the place, date, time, the desired scope of services as well as an estimate of price.

2.2 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 the Helpers deemed suitable by Happy Helper for the provision of the requested service.

2.3 The helper specifically selected by the Booker or the helpers determined 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).

2.4 Happy Helper transmits the submitted offers 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 himself. 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 exclusively between the Booker and the Helper.

2.5 Happy Helper does not guarantee that one or more helpers will be found for every request by the Booker, nor does Happy Helper guarantee the success of a mediation.

2.6 The content of the service contract is exclusively governed by the terms and conditions negotiated between the Booker and the Helper as well as by the applicable contract law.

2.7 Happy Helper charges the Booker for the successful mediation as well as for the technical processing a service and mediation fee according to the terms and conditions valid and shown at the time of the assignment / booking.

2.8 Happy Helper shows the Booker the total price to be paid by him in the booking process. In this total price, both the amount to be paid to the Helper plus any applicable VAT and the amount to be paid to Happy Helper plus statutory VAT are shown separately.

2.9 After the service has been provided by the Helper, the Booker will receive an invoice from Happy Helper for the service and agency fee to be paid as well as another invoice issued by Happy Helper in the name of and with power of attorney for the respective Helper.

2.10. All payments, both for the service and agency fee charged by Happy Helper and for the services mediated via the Platform shall be made via the electronic payment system MANGOPAY of the company MANGOPAY S.A., 14 Rue Aldringen, L-1118 Luxembourg (hereinafter referred to as "Mangopay") integrated on the Platform.

As far as the payment processing concerns the service ordered by the Booker, Happy Helper is not a party to the payment service contract, but only an intermediary.

The Booker agrees that the personal data required for the payment processing (in particular name, address, account details, etc.) will be passed on to the payment service provider Mangopay.

3. cancellation or changes of booked dates

3.1 Bookers may change and cancel the booked services via the self-service in their profile on the platform in consultation with the respective Helper. For this purpose, any cancellation and modification conditions agreed separately between the Booker and the Helper must be taken into account.

3.2 It is recommended to cancel and change a booked appointment not less than 24 hours before the scheduled start of the booked services.

3.3 For a cancellation or rebooking made 24h before the start of the service, the Helper may claim the following payment against the Booker depending on the cancellation time:

For a cancellation or rebooking that.

(i) occurs 24 - 12 hours prior to the start of the Service, a fee equal to 20% of the price of the booked Service may be charged;

(ii) occurs between 12 - 6 hours prior to the start of the service, a fee equal to 50% of the price of the booked service may be charged;

(iii) between 6 - 2 hours prior to the start of the service, a fee equal to 80% of the price of the booked service may be charged;

(iv) less than 2 hours before the start of the service, a fee equal to 100% of the price of the booked service may be charged.

4 Liability of Happy Helper

4.1 Happy Helper does not assume any liability for the performance and its quality of the service arranged by Happy Helper by the respective Helper. Happy Helper is also not liable for any damages that occurred due to and/or in connection with the provision of the service by the Helper.

4.2 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, executive employees and other vicarious agents. This concerns such obligations on the fulfillment of which the Booker regularly relies and may rely for the proper execution of the contract, in this case, however, limited to the amount of the typically arising, foreseeable damage. Any further liability of Happy Helper is excluded.

4.3 Happy Helper does not assume any responsibility for the content of external websites that are linked to the platform of Happy Helper for reasons of easier navigation.

5. liability insurance

5.1 Happy Helper has taken out a liability insurance for personal injury and property damage, which generally covers all helpers referred via the platform as insured persons for any damages. More details about the scope of insurance can be found at [LINK].

5.2 In case of a damage it is the responsibility of the Booker to immediately inform the Helper concerned. Happy Helper has to be informed about the damage as well.

5.3 The processing of claims and assertion of a claim against the Helper and/or the insurance company is the sole responsibility of the Booker. Happy Helper will only assist as far as possible in case of need without assuming any obligation.

6 Right of revocation

6.1 The Booker, who is a consumer, is entitled to a statutory right of revocation for service contracts concluded by means of distance selling.

6.2 The Booker can declare his legal right of withdrawal to an ordered service both directly to the Helper and to Happy Helper. Happy Helper is authorized by the Helper to accept a declaration of revocation from the Booker with effect for and against the Helper.

7. evaluations

7.1 Happy Helper offers both the Booker and the Helper the possibility of mutual evaluation after completion of the mediated service.

7.2 The posted evaluations are to be factual and may not contain any right-wing extremist, sexist, insulting, defamatory or otherwise illegal content and may not otherwise violate the rights of third parties (including industrial property rights).

7.3 Happy Helper may publish ratings on the platform and remove them from the platform if the ratings violate the aforementioned criteria.

7.4 The Booker agrees that Helper Happy receives the spatially and temporally unlimited right of use to the content of the rating and the rating text with the sending of the rating.

8 Termination of the use of the platform

8.1 The user relationship for the platform is concluded for an indefinite period of time. It begins with the conclusion of the registration and can be terminated by the Booker at any time by giving notice in text form without observing a period of notice. It is sufficient to send a notice of termination by e-mail to support@happyhelper.de.

8.2 Happy Helper is free to terminate the contract for the use of the platform at any time by giving 7 days' notice in text form (e.g. by e-mail) or - also after prior notice with a reasonable period of notice - to discontinue the platform permanently or temporarily.

9. note on data protection

9.1 Detailed information on the collection, processing and use of personal data of the Booker in connection with the registration, the execution of the user agreement and the mediation of service contracts, as well as the payment processing can be found in the privacy policy of Happy Helper.

10. final provisions

10.1 These Terms of Use, the User Agreement as well as all agreements based on them between Happy Helper and the Booker are exclusively governed by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

10.2 Happy Helper is neither willing nor obliged to participate in dispute resolution proceedings with consumers before a consumer arbitration board (§ 36 para. 1 no. 1 VSBG).

10.3 Should individual provisions of these terms of use be or become void or ineffective in whole or in part, the validity of the remaining provisions shall not be affected. Statutory law shall take the place of any provisions of these Terms of Use that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.

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