General Terms and Conditions (GTC)
1. Scope and Subject Matter of the Agreement
1.1. The website truck-abschleppdienst-luebeck.de (operated by GEARS Digital UG (haftungsbeschränkt) within the TruckNetz.DE network) acts exclusively as a pure information and mediation service and cooperates only with licensed partner companies. Neither GEARS Digital UG (haftungsbeschränkt) nor TruckNetz.DE operate as a towing company, workshop, or roadside assistance provider. All operative services on-site are performed exclusively by legally independent third-party companies (Partners).
1.2. The Provider provides a technological platform that, by means of technologies and specialized algorithms, establishes an efficient connection between customers in need of assistance and qualified third-party providers.
1.3. Any contract regarding the physical execution of towing, recovery, or repair work is concluded exclusively between the Customer and the respective third-party company (Partner). The Provider (GEARS Digital UG (haftungsbeschränkt)) is not a party to such a service contract.
1.4. These General Terms and Conditions apply equally to the use of our website and of our mobile app "LKW Abschleppdienst: Truck-Netz". The app is provided free of charge and serves exclusively for information and brokerage purposes; there is no entitlement to its continuous availability.
2. Disclaimer for Third-Party Services
2.1. Since the Provider acts solely as an intermediary and information source, it assumes no liability for the proper execution of the mediated services by the third-party company.
2.2. Any complaints, claims for damages, or warranty requests regarding the technical execution must be directed solely to the performing third-party company.
3. Scope of the Information Service
3.1. The Provider's obligation is limited to the transmission of information and the algorithm-based matching of a suitable third-party company (Partner).
3.2. The Provider is not obligated to personally perform the technical breakdown or recovery service; its duty is the diligent selection and forwarding of the request to qualified partners.
3.3. Arrival times provided for the Partner to reach the location are non-binding estimates based on data provided by the Partner. The Provider is not liable for delays caused by traffic or weather conditions.
4. Prices and Payment Terms
4.1. The prices agreed upon at the time of mediation apply. Billing is generally handled directly by the performing third-party company or by its authorized collection agent.
4.2. Unless otherwise agreed, payments are due immediately upon the provision of the technical service by a third-party company, which independently decides whether cash, bank cards, or (subject to prior agreement) payment by invoice are accepted.
4.3. All prices are subject to the applicable statutory Value Added Tax.
5. Cancellations and Dry Runs
5.1. The Customer may cancel the mediation request at any time.
5.2. If a third-party company (Partner) has already been mediated and has already set out for the site, a so-called Dry Run Fee (Leerfahrt-Pauschale) will be charged. This fee serves to compensate the third-party company for its expenses and is invoiced on behalf of the Partner.
6. Obligations of the Customer
6.1. For the mediation algorithm to function correctly, the Customer is obliged to provide absolutely truthful information regarding the location, the type of damage, and any special circumstances (e.g., cargo, hazardous materials).
6.2. The Customer must ensure that the site of operation is accessible for the mediated specialized vehicle of the third-party company.
7. Liability and Warranty
7.1. The Provider is only liable for damages resulting from an intentional or grossly negligent breach of its own duties as an information service provider (e.g., incorrect data transmission).
7.2. Liability for the technical execution of the service, physical damage to the vehicle, or any other defects in the roadside assistance lies exclusively with the performing third-party company (Partner).
7.3. The Provider does not warrant the availability of partners or the condition of their technical equipment.
7.4. The above limitations of liability do not apply to damages arising from injury to life, body or health, nor to damages resulting from the breach of essential contractual obligations (cardinal obligations), nor to claims under the Product Liability Act. In these respects, the Provider shall be liable in accordance with the statutory provisions.
8. Final Provisions
8.1. The law of the Federal Republic of Germany applies, excluding the UN-Kaufrecht. For consumers whose habitual residence is in another state, the mandatory consumer protection provisions of their state of residence remain unaffected.
8.2. Should individual provisions be or become invalid, the validity of the remaining GTC shall remain unaffected (Severability Clause).
8.3. Information on the processing of personal data can be found in our Privacy Policy.
8.4. The Provider's mediation and information service is provided to the Customer free of charge; no separate paid contractual relationship arises between the Customer and the Provider. Any statutory right of withdrawal of the consumer relates exclusively to the contract concluded with the executing third-party company (Partner) for the breakdown, towing or recovery service. In the case of emergency or immediate services whose performance begins without delay at the Customer's express request, a right of withdrawal may be excluded pursuant to the §§ 312g, 356 Abs. 4 BGB or may expire upon complete performance.
8.5. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the mediation relationship shall be the Provider's registered office. The statutory places of jurisdiction shall apply to consumers.