As an Allyz member, you will receive services from Helpling, our preferred cleaning partner, and therefore their terms and conditions apply
TERMS OF USE OF THE WEBSITE WWW.HELPLING.DE AND/OR HELPLING MOBILE APP FOR CUSTOMERS
Last updated: November 30, 2022
I PRELIMINARY PROVISIONS
1. PREAMBLE
Helpling arranges contracts for various household-related services, particularly cleaning services, for private and commercial customers via the website www.helpling.de and the Helpling mobile app and/or with the involvement of Helpling’s customer support via email or telephone. The services are carried out by independent service providers or employees of Helpling’s partners.
2. DEFINITIONS
“Terms of Use”: these General Terms of Use for Customers for using the website www.helpling.de and/or Helpling Mobile App.
“Ratings”: Assessment of the service provider by the customer after the provision of the booked service by awarding stars.
“Booking request” or “offer”: requests for services made by the customer via the platform, via the Helpling mobile app, by telephone or by email, specifying the location, time and scope of services.
“Privacy Policy”: Helpling’s privacy policy, which is published on the Platform and freely accessible.
“Service providers”: employed service providers of partners, or independent service providers.
“Services”: household-related services in private households and commercial establishments.
“Service Contract”: the contract between the Service Provider or the Partner and the Customer for the provision of the Services.
“Helpling”: Helpling GmbH & Co. KG, Jägerstraße 67, 10117 Berlin
“Customer”: the user of the Platform who books services on the Platform, possibly with the involvement of Helpling’s customer support.
“User Agreement”: Agreement between the Customer and Helpling to use the Platform.
“Partners”: subcontractors who are part of the Helpling partner network and who may employ service providers.
“Platform”: the website www.helpling.de and/or Helpling mobile apps.
“Brokerage Agreement”: Agreement between the Customer and Helpling regarding the brokerage of service contracts.
“Payment Service Provider”: licensed payment provider that processes all payments arising from and in connection with the contracts brokered via the Platform.
3. SCOPE
3.1 These terms of use apply to the use of the platform provided by Helpling to search for service providers for household services and cleaning activities in private households and commercial establishments (Section II). The terms of use (Section III) also apply to the placing of orders for such services by customers and the use of Helpling’s brokerage services.
3.2 The service contract between customers and service providers or partners is generally subject to the statutory provisions and any individual agreements. However, these terms of use regulate how the service contract is concluded (Section III.2), revoked (Section III.7) and can be terminated by the customer (Section IV.2.3).
3.3 Deviations from these Terms of Use require the express consent of Helpling.
II USER AGREEMENT
1. SUBJECT OF THE CONTRACT
Helpling provides customers with a platform through which they can search for service providers and make and manage specific booking requests.
2. REGISTRATION, CONCLUSION OF CONTRACT, FREE OF CHARGE OF USE
2.1 Use of the platform requires prior registration of the customer.
2.2 The contract for the use of the platform is concluded at the same time as the customer submits the first booking request and is explained in more detail under Section III.2 of the Terms of Use.
2.3 Use of the platform is free of charge. Costs only arise when booking services (see Section III.3 of the Terms of Use).
3. CUSTOMER OBLIGATIONS; RATINGS
3.1 The customer is obliged to provide truthful and complete information when registering, in particular regarding his identity, address, telephone number and email address as well as bank details or credit card. He must notify Helpling of any changes during the term of the user agreement immediately by making the changes in his user account.
3.2 The customer has the option of rating the service provider after the booked service has been provided by awarding stars. In addition to the service, punctuality and friendliness can also be rated and other messages can be entered in a comment field.
3.3 Reviews must be based on verifiable facts. They must be written objectively in accordance with the principle of fairness and must not contain any offensive, abusive, criminally relevant or otherwise illegal content (e.g. infringing the industrial property rights of third parties). Reviews that violate this will not be published or deleted. Reviews always represent statements by the author (customer) and not statements by Helpling. Helpling checks reviews regularly. Helpling investigates justified complaints about reviews and – if necessary – provides redress.
3.4 By submitting the review, the customer grants Helpling free of charge the spatially and temporally unlimited usage rights to his review text. Helpling is entitled to freely dispose of the review and, in particular, to process and use it for other review services, to pass it on to third parties if necessary and to publish it.
3.5 Unjustified multiple ratings, self-assessments or other forms of attempting to distort the rating system are prohibited.
4. RIGHTS AND OBLIGATIONS OF HELPLING; AVAILABILITY OF THE PLATFORM
4.1 Helpling maintains a user account for the customer and provides the customer with personal access data. The user account lists the contracts concluded through Helpling and keeps invoices for inspection.
4.2 Helpling guarantees a network availability (“connectivity”) of the platform of 98% per calendar quarter. The following downtimes and reduced availability are excluded from the guaranteed accessibility of the platform. These are considered to be proper service provision and are not counted as time affecting availability:
a) planned downtimes (in particular for maintenance purposes) daily between 00:00 and 06:00 and on Sundays from 00:00 to 24:00;
b) downtimes for which Helpling is not responsible, during which the accessibility of the platform is impaired due to technical or other problems (e.g. force majeure, fault of third parties including DDoS attacks, etc.) which Helpling could not prevent even taking into account customary market standards.
4. 3 Helpling may restrict access to the platform and the services available through it even outside of maintenance windows if the security of the platform operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the underlying software or stored data, so require, without this giving rise to any rights for the customer.
III BROKERAGE AGREEMENT
1. SUBJECT OF THE CONTRACT
1.1 Helpling mediates service contracts between customers and service providers via the platform or, at the customer’s request, via Helpling’s customer support by telephone and/or email, whereby the customer specifies the scope of the service.
1.2 The customer can choose between the following two different types of services:
a) The premium service for „all-round support for the household“ (hereinafter „premium service“). In this case, service providers employed by partners provide the services. In this case, the partner selects the service provider for the customer. The customer concludes the service contract with the partner who first accepts the customer’s specific booking request.
b) The standard service. Here, the customer has the option of specifying one or more preferred service providers as their desired service providers. The customer concludes the service contract with the service provider who first accepts the customer’s specific booking request.
1.3 The service contract for the cleaning services is concluded exclusively between the customer and the respective service provider or partner (see Section III.2).
2. CONCLUSION OF CONTRACT, BOOKING PROCESS
2.1 The information provided by Helpling via the platform represents a non-binding invitation (invitatio ad offerendum) to submit a booking request. The conclusion of the contract and the respective booking process depend on the type of service selected by the customer (premium service or standard service). Regardless of the use of the platform, a booking can also be made following a consultation with a Helpling employee via telephone and/or email; in this case, the following information applies accordingly if the booking is made by the customer via the platform.
2.2 Booking process of the premium service:
a) When selecting the premium service, the customer specifies the details for their booking request according to criteria specified by the platform, enters their address and mobile phone number as well as their billing address if this differs from the cleaning address. After clicking the „Continue“ button, a page opens on which the essential booking details, including any additional costs, are summarized again. In this step, the customer selects a payment method and enters their payment information. Up to this point, the customer can correct their entries by going back in the booking process or withdrawing from the contract declaration, e.g. by closing the browser or the app.
b) By submitting his booking request via the platform by clicking on the button “Book with payment”, the customer submits a legally binding offer for the provision of a service according to the cleaning details specified by the customer.
c) Helpling then sends the customer an automatic confirmation of receipt by email, in which the customer’s booking request is listed again. The automatic confirmation of receipt merely documents that the customer’s booking request has been received by Helpling and does not constitute acceptance of the offer. A contract for the mediation by Helpling and the service with a partner is only concluded when Helpling accepts the booking request by email in which Helpling introduces the respective partner or the service provider employed by the partner. In this email or in a separate email, the contract text (consisting of booking details, general terms and conditions and cancellation policy) is sent to the customer by Helpling (contract confirmation). The customer’s contractual partner is the partner who first confirmed the booking request. The content of the service contract is based on the booking request, the applicable contract law and any other agreements between the customer and the service provider.
d) Attention: If no partner is available for the premium service, Helpling reserves the right to forward the booking request to other service providers on the platform.
2.3 Booking the standard service:
a) If the customer selects the standard service, he first specifies the details for his booking request according to the criteria specified by the platform. The customer can then select one or more service providers from those available on the platform as preferred service providers. The customer then enters his address and mobile phone number as well as his billing address if this differs from the cleaning address. After clicking the „Next“ button, a page opens on which the essential booking details, including any costs incurred, are summarized again. In this step, the customer selects a payment method and enters his payment information. Up to this point, the customer can correct his entries by going back in the booking process or refraining from concluding the contract, e.g. by closing the browser or app.
b) By submitting his booking request via the platform by clicking on the button “Book with payment”, the customer submits a legally binding offer for the provision of a service according to the cleaning details specified by the customer.
c) Helpling then sends the customer an automatic confirmation of receipt by email, in which the customer’s booking request is listed again. The automatic confirmation of receipt merely documents that the customer’s booking request has been received by Helpling and does not constitute acceptance of the offer. A contract for the mediation by Helpling and the service with a service provider is only concluded when Helpling accepts the booking request by email in which Helpling introduces the respective service provider. In this email or in a separate email, the contract text (consisting of booking details, general terms and conditions and cancellation policy) is sent to the customer by Helpling (contract confirmation). The customer’s contractual partner is the service provider who first confirmed the booking request. The content of the service contract is based on the booking request, the applicable contract law and any other agreements between the customer and the service provider.
d) Attention : Since the service providers are free to decide whether to accept a booking request, the customer has no right to have the service provided by a service provider of his or her preference. If none of the service providers selected by the customer confirms the booking request within four (4) hours, Helpling reserves the right to make the booking request available to other service providers in the price category selected by the customer. In this case, the customer’s contractual partner will also be the service provider who first confirmed the booking request.
2.4 The contract text is not saved. The current version of these terms of use can be accessed at any time at https://www.helpling.de/nutzungsbedingungen .
3. PRICES, PAYMENT PROCESS
3.1 The prices listed for one-off and recurring services at the time of the respective booking apply. The price for the standard service differs from the price for the premium service: (i) In addition to the price for the standard services provided by the service provider, Helpling charges a flat-rate service fee per booking, including for the mediation and technical processing of the booking via the platform and customer support; (ii) In addition to the price for the premium services provided by the service provider, Helpling charges a flat-rate travel fee for the service provider’s travel times on behalf of the partner. The amount of the service fee and the flat-rate travel fee at the time of booking can be found in the FAQs .
3.2 The customer can choose between the payment methods listed in the FAQs .
3.3 All payments from and in connection with the service contracts arranged via the platform are made via a licensed payment service provider on the basis of a separate payment service contract. Helpling merely arranges this payment service contract, but is not itself involved in the payment processing process and is not itself a party to the payment service contract. The customer agrees that the customer’s data will be forwarded to the payment service provider for payment processing (in particular account number, etc.).
3.4 The customer must pay the total price shown in the booking and allow the payment service provider to collect the amount accordingly. The payment service provider will hold the amount paid by the customer or the amount collected from the customer in trust for the service provider.
3.5 Other fees: Helpling reserves the right to charge the payment service provider’s costs if payment of the total price shown in the booking for the service and use of the platform fails and the customer is responsible for this. This is particularly the case if
a) incorrect or expired data,
b) Revocation/withdrawal of the direct debit after the debit by the customer,
c) insufficient funds on the account/credit card.
4. OBLIGATIONS OF HELPLING
4.1 Helpling accepts booking requests via the platform, by telephone or by email and forwards the acceptance of a booking request to the customer. Helpling is not obliged to ensure that a booking request is accepted.
4.2 If the Customer has selected one or more service providers as a preference via the Platform, Helpling will initially forward the Customer’s booking requests to these providers.
4.3 If none of the service providers preferred by the customer confirms the booking to provide the service at the desired location and time, Helpling will forward the customer’s booking requests to other service providers in the same price range.
4.4 Helpling processes rebookings and cancellations by customers. If a customer wishes to change a date for services or cancels the booking, Helpling will inform the service provider immediately.
4.5 Helpling also processes rebookings and cancellations by service providers. If the service provider who originally accepted the booking request is no longer available on the date booked by the customer, Helpling automatically creates a new booking request with the details of the customer’s last booking request.
4.6 Helpling is not obliged to carry out and fulfil the contracts for services and is not liable – without prejudice to clause 5.1 – for breaches of duty by the service providers.
5. INSURANCE
5.1 Helpling maintains liability insurance with a coverage amount of EUR 5,000,000, which covers each service provider in the event of damage to the customer’s property. If a customer claims damages caused by the service provider’s activities, Helpling reports the damage to the liability insurer. This only applies to damages that exceed an amount of EUR 500. The terms and conditions of the liability insurance can be found in the FAQs . The service provider’s liability remains unaffected. Helpling is not obliged to assist in settling the claim. The customer is responsible for enforcing claims against the liability insurer.
6. CANCELLATIONS, RE-BOOKINGS
6.1 Customers may cancel and rebook confirmed booking requests under the conditions set out in this Section 6.
6.2 Cancellations or rebookings made up to 48 hours before the start of the service are free of charge. For cancellations or rebookings made 48 hours before the start of the service, the service provider is entitled to the following payment depending on the time of cancellation: For cancellations or rebookings made (i) 48 – 24 hours before the start of the service, a fee of 25% of the price of the booked order may be charged; (ii) between 24 – 12 hours before the start of the service, a fee of 50% of the price of the booked order may be charged; (iii) less than 12 hours before the start of the service, a fee of 100% of the price of the booked order may be charged. The customer is free to prove that the service provider has suffered less damage than the cancellation fees listed above.
6.3 Excluded from this are cancelled orders that were placed by Helpling less than 48 hours before the scheduled start of the order.
7. REVOCATION
Customers who are consumers can revoke brokerage contracts with Helpling and service contracts with partners or service providers in accordance with the statutory provisions. The following cancellation policy applies to both types of contracts. In the event of a cancellation of service contracts, Helpling accepts the customer’s declaration of cancellation and any associated payments on behalf of the service provider. If both contracts are to be revoked, a single declaration to Helpling is sufficient.
cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which the contract is concluded.
To exercise your right of withdrawal, you must inform us (Helpling GmbH & Co. KG, Jägerstraße 67, 10117 Berlin, email address: kontakt@helpling.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery accepted by the service provider), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
If you have requested that the service should begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
– End of the cancellation policy –
Attention: Expiry of the right of withdrawal
The right of withdrawal expires if the service provider has fully provided the service and/or Helpling has fully provided the brokerage service and has only started to carry out the service after the customer has given his express consent and at the same time confirmed his knowledge that he will lose his right of withdrawal if the service provider or Helpling fully fulfils the contract.
| sample cancellation form
If you want to cancel the contract, please fill out this form and send it back.)
______________ (*) Delete as appropriate |
IV COMMON PROVISIONS
1. LIABILITY
1.1 Helpling is not liable for the performance of the service contract by the service provider or for any damage caused to the customer in the course of the services.
1.2 In addition, Helpling is liable for any breach of contractual and non-contractual obligations by Helpling in accordance with the statutory provisions. Helpling is liable for damages – regardless of the legal basis – in the event of intent and gross negligence. In the event of simple negligence, Helpling is only liable
a) for damages resulting from injury to life, body or health,
b) for claims under the Product Liability Act and
c) for damages resulting from the breach of an essential contractual obligation (obligation the fulfilment of which makes the proper execution of the respective contract possible in the first place and on whose compliance the customer regularly relies and may rely (main contractual obligation)).
1.3 Clause III. 5. of these Terms of Use remains unaffected.
1.4 The restrictions mentioned in this section also apply to the benefit of Helpling’s legal representatives and vicarious agents if claims are asserted directly against them.
2. TERM, TERMINATION OF THE CONTRACT
2.1 Platform usage agreement between the customer and Helpling: The usage agreement begins after the customer has registered and Helpling has activated the use of the platform and is concluded for an indefinite period. It can be terminated by either party at any time. The termination must be in writing (an email to kontakt@helpling.de is sufficient).
2.2 Agency agreement between Helpling and the customer: The agency agreement is concluded with the confirmation of a booking and does not require separate termination. Section III.6 of these terms of use applies to cancellations or rebookings.
2.3 Service contract between the customer and the service provider: The service contract between the customer and the partner or the independent service provider begins upon notification by email, as described in Section III.2 of these Terms of Use. It can be terminated by either party at any time, taking into account the conditions of Section III.6 of these Terms of Use. The customer must notify Helpling in writing (an email to kontakt@helpling.de is sufficient).
3. NOTE ON DATA PROTECTION
3.1 Helpling collects, processes and uses the customer’s personal data as described in more detail in the privacy policy , which is published on the platform and freely accessible.
3.2 Helpling will make the customer’s data, including information about the services booked by the customer, available for viewing in the customer profile during the term of the user agreement and will offer the option of changing or deleting the data. To do this, the customer must log in to the platform with their email address and password.
4. FINAL PROVISIONS
4.1 Direct advertising: When the customer submits a booking request, Helpling is granted the right to contact the customer by email, telephone (with appropriate consent) or post during use of the platform (active account) and up to 6 months after deactivation of the account in order to improve and expand the platform’s offerings, in order to find out about satisfaction with the platform’s offerings and to communicate additions, extensions, news and cooperation offers. The customer can object to such direct advertising at any time without incurring any costs other than the transmission costs according to the basic rates.
4.2 Product Samples: Helpling also reserves the right, within reasonable limits, to provide the customer with product samples. The customer can inform Helpling at any time that he or she does not wish to receive free samples.
4.3 Contract language: The contract languages are German and English.
4.4 Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr . Helpling is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
4.5 Should individual provisions of these Terms of Use be or become invalid or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected.
