CareDriver Service GmbH (“CareDriver”, “we”) operates the website www.caredriver.de (the “Website”) and the mobile App CareDriver (the “App”) as well as the booking telephone numbers +49 89 69396109 and +49 40 5379875 75 (the “Hotline”, the App , the Hotline and the Website together the “Platform”). There, private individuals can contract with us and their family (collectively a “Customer”) to provide casual assistance in everyday life that our CareProfs (the “CareProfs”) do for us.
In particular, these terms and conditions regulate:
- how and for what you as a Customer can mandate us (§§ 1-4),
- how orders are canceled and settled (§§ 5-6),
- who is responsible for what (§§ 7-9),
- when the contract ends (§ 10),
- our cancellation policy including a sample form (§ 11) and
- how to proceed legally (§§ 12-13).
The terms and conditions are available in English, always visible only in the latest versions, see https://caredriver.de/nutzungsbestimmungen-kunden/ or in the App itself. The terms and conditions will be sent to your e-mail address after your consent has been received.
1 Conditions and relationship to individual orders
1.1. The terms and conditions are agreed upon as soon as you confirm them via App, written, when registering on the homepage or by e-mail in response to our offer.
1.2. These terms and conditions regulate as a framework agreement the use of the Platform and all future orders of the Customer for CareDriver.
1.3. In addition to these terms and conditions, each order determines the exact activities, times and locations, the amount of compensation and any special requirements.
2 activity and field of application
2.1. In the future, the Customer wants to commission CareDriver on the Platform to provide occasional help for himself and his relatives in everyday life.
2.2. CareDriver offers the following activities within its operational area:
- Chauffeuring children, adolescents and adults by car
- Deliver everyday goods
- Do routine daily business transactions
- “Babysitting”: i.e. supervise children and adolescents in their parents’ household or during leisure activities, assignments or appointments
- Keeping company to adults, accompany them to leisure activities, activities or appointments
2.3. CareDriver does not provide SGB insurance or medical services (for example, administer medication, change beds, change associations), unless we are required by law to assist in the situation. As a result, we basically can not care for or transport people in need of care, and we do not carry out either ambulance or emergency transport. We also do not transport animals or dangerous goods. After all, we do not carry out any work in the household of the Customer.
2.4. Our operational field is Munich and Hamburg.
Customers must be of full age and legally competent individuals. You must complete and truthfully provide all the information you need to register your profile and keep it up to date.
4.1. Orders are generally possible from Monday to Friday from 9 am to 6 pm under the following conditions. Exceptions are to be agreed separately.
4.2. On the Platform, the Customer creates requests for specific activities. He can make precise specifications and e.g. choose a preferred CareProf. The App specifies the offer time depending on the booking medium and the start of the order, but at least 4 hours before the start of the order. In our own name, we ask the CareProfs within their service time, who correspond to the wishes of the Customer and the requirement profile of the order (among other things activity, qualification, equipment, operating times). An order is placed between CareDriver and the Customer when the CareProf has accepted a request and we confirm the acceptance with the Customer during the offer period.
4.3. A request is binding. If the Customer wishes to make changes, he must withdraw the request that has not yet been accepted or cancel an accepted order timely and make a new request.
5 Order cancellation, delay and non-arrival
5.1. The Customer and CareDriver or CareProf for CareDriver may cancel an order free of charge or obligation to pay compensation up to 24 hours prior to the start date specified in the Customer Request, Customer may cancel the order up to 2 hours prior to commencement for a fee of 50% of the price. Thereafter, a cancellation is no longer possible for the Customer and the full price has to be paid.
5.2. If the Customer withdraws in time or CareDriver rejects the Customer, the Customer will recover payments already made, less the fees due. The repayment should be made, if economically viable, in the same way as the payment at the latest in the context of a settlement at the end of each month.
5.3. If the Customer has not canceled in time, the CareProf will wait up to 15 minutes at the agreed meeting point. This time must be paid in addition to the valid hourly rate. After this 15 minutes, the order is deemed not to have taken place by the Customer.
5.4. In the case of non-timely or unjustified cancellation, delay or non-commencement, the contractual partner who violates his respective obligation is responsible for the resulting damage, unless he is not responsible for the breach of duty. Of the fare to be paid despite non-occurrence, the expenses that the costumer can prove not to have taken place, can be deducted.
6.1. Registration is free. However, the Customer bears his telephone costs when dialing the hotline and Internet costs when downloading the App and when using the Platform.
6.2. Only the orders are subject to payment and due after the order ends. The prices result from the price list in the App, in the registered login area of the Website or as sent by e-mail, in each case at the time of the order request. The Customer is only obliged to pay CareDriver.
6.3. The Customer can pay by credit card, Paypal and on account.
6.4. Invoicing takes place for single journeys directly after fulfillment of the order or for recurring journeys at the end of the month.
6.5. For other credits and vouchers their separate conditions apply at the time of issue or update.
7 Liability of CareDriver
7.1. The App and the Website are available 99% of the year, the hotline Monday to Friday from 9 am to 6 pm. This does not include any required reasonable maintenance time, interruptions according to the industry standard or due to force majeure or other causes neither deliberate nor grossly negligent.
7.2. All CareProfs are insured under a public liability insurance. However, this does not cover damage to goods delivered during the journey.
7.3. We are liable to the Customer for damages that we, our CareProfs, legal representatives, executives or simple vicarious agents:
- to cause intentionally or grossly negligent, unlimited;
- at least slightly negligent cause to life, body or health, unlimited;
- cause at least slight negligence in the carriage of passengers, up to a maximum of € 1,000;
- Incidentally, for damages which are caused by the slightly negligent violation of essential contractual obligations, limited to those damages that are typically expected to arise within the scope of the respective contractual relationship (contractually foreseeable damages). We are not liable for slightly negligent breach of only insignificant contractual obligations. A contractual obligation is essential, the observance of which makes the proper execution of the contract possible and to which the Customer regularly trusts and may trust.
8 Liability of the Customer and indemnity
8.1. In particular, the Customer is liable for incorrect or inaccurate information within the order, which leads to an incorrect, changed or delayed execution or even non-execution, e.g. inaccurate indication of a pick-up location, unless he is not responsible for the incorrectness or inaccuracy.
8.2. The Customer indemnifies us from all claims and claims that third parties may have against us for their use of the Platform and its orders, e.g. because he discontinued content or otherwise violated rights of third parties. He must promptly, truthfully and completely provide us with any information that is necessary or useful for the examination of the claims and any defence.
8.3. The Customer is required to inform his insurer immediately of any circumstances that arise in connection with orders (for example accident insurance via babysitter, personal liability insurance for damage).
9 Reviews and other Content
9.1. The Customer is responsible for all content, including reviews, that he stores, publishes or transmits on and through the App or in the login area of the Website (“Content”). He may not carry out any unlawful acts on the Platform.
9.2. A Customer can submit reviews for CareProfs. The reviews must be justified and accurate. The review are automatically displayed in the respective CareProf profile.
9.3. We do not review content before or after upload, and we do not guarantee that the content is complete, accurate, lawful, current or appropriate for the Platform. However, with knowledge of a violation, we reserve the right to blacken, block or remove any content that has already been posted in whole or in part without prior notice.
10 Contract Period
10.1. This contract is valid for an unlimited period. The Customer and CareDriver may terminate it at any time without notice. The contract ends but at the earliest after completion of all orders. The Customer terminates his contract by deleting his access via App or his Website access or by sending us an e-mail to email@example.com or a letter to our registered office:
CareDriver Service GmbH
Rupert-Mayer-Str. 44 | 81379 Munich | Germany
10.2. The regulations from §§ 8.2, 9, 11 to 13 also apply after the end of the contract.
11 Cancellation policy including sample form
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the contract. To exercise your right of withdrawal, you must inform us (CareDriver Service GmbH, Rupert-Mayer-Str. 44, 81379 Munich, Germany, phone: +49 89/69396109, e-mail: firstname.lastname@example.org) by means of a clear statement (eg a with sent by post, fax or e-mail) about your decision to cancel this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this contract, we shall reimburse you for any payments we have received from you, including delivery charges (except for the additional costs that result from choosing a different type of delivery than the cheapest standard delivery we offer), without undue delay and at the latest within fourteen days from the date on which we received notice of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. If you have requested that the service be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract in comparison to the total volume of services provided for in the contract.
|Model withdrawal form
(Complete and return this form only if you wish to withdraw from an order.)
CareDriver Service GmbH
81379 Munich, Germany
Tel.: +49 89/69396109
* Delete as appropriate
12 Dispute settlement proceedings before a consumer arbitration board
We are ready, at the request of the Customer, to participate in dispute settlement proceedings at the following consumer arbitration board:
General Consumer Dispute Resolution of the Center for Conciliation e. V.,
Strassburger Str. 8, 77694 Kehl,
Munich is the exclusive place of jurisdiction, if the Customer is a merchant or legal entity, he has no domicile or habitual residence in Germany, such is unknown or he relocates this after conclusion of contract from Germany.
Start of services before the end of the cancellation period