MaidEasy GmbH
℅ Minning & Burgdorf
Rentzelstr. 34
20146 Hamburg
The following general terms and conditions apply to all legal transactions of MaidEasy GmbH - in connection with maideasy.de hereinafter referred to as "Contractor" (Contractor) - with its contractual partner - hereinafter referred to as Client.
Sofern einzelvertragliche Regelungen bestehen, welche von den Bestimmungen dieser AGB abweichen oder ihnen widersprechen, gehen die einzelvertraglichen Regelungen vor.
The contracting parties agree to provide household-related services (hereinafter referred to as "services") within the scope of the specific individual contractual agreement(s).
The Contractor shall be entitled to use employees, independent third parties (freelancers) or subcontractors to fulfill its contractual obligations to the Client. This shall not establish any contractual relationships between the Client and other persons, vicarious agents or companies.
The Contractor shall have the right to select the persons by whom the service is provided. The Client's personal preferences shall be taken into account by the Contractor, but shall not be binding in any way.
3.1 The contractual relationship for the services shall come into existence through the placement of an order by the Client (offer) and its acceptance by the Contractor.
3.2 The Client may place an order verbally, by telephone, by email or via the maideasy.de website and any associated partner sites. This order constitutes an offer to the Contractor to conclude a service contract.
3.3 The Client is bound to the placement of the order (offer) until 48 hours before the desired start of the service.
3.4 When the Contractor places the order for the first time, it shall register and record the personal data required for the conclusion of the contract. Depending on the type of request, data is recorded via maideasy.de or by an employee of the Contractor by telephone, fax or e-mail.
3.5 Once the order has been placed and, if applicable, registered, the Contractor shall confirm receipt of the order verbally or by email (confirmation of receipt). This confirmation does not constitute acceptance of the contractual offer (order), but is only intended to inform the Contractor that the request has been received by the Contractor.
3.6 If the Contractor accepts the offer to conclude the contract for the desired service, the Contractor shall send the Contractor a declaration of acceptance. This can be made in a separate email or verbally by an employee of the Contractor. With this declaration, the contract between the two parties is concluded.
3.7 If it is foreseeable that the Contractor will not be able to provide the service at the time the order is placed, the Contractor shall inform the Client of this immediately. The Contractor shall then have no further legal obligations.
3.8 The Contractor reserves the right to withdraw from the contract after inspecting the Client's premises. In particular if the degree of soiling exceeds the agreed level.
3.9 The Client agrees to pay compensation if an order is not canceled or postponed in good time. If the order is canceled or postponed within 48 hours or less before the start of the appointment, 50% of the invoice amount or 100% of the invoice amount in the event of a cancellation or postponement of 24 hours or less shall be deemed to be untimely. If there is no access to the premises of the object required for the order (e.g. no-show, keys not deposited, etc.) and this is the fault of the client, 100% of the invoice amount will also be charged. Higher circumstances are not included.
Complaints about work carried out must be notified to the Contractor by telephone or e-mail within 48 hours, stating the alleged defect and providing appropriate photographic documentation. Later complaints cannot be considered due to possible subsequent soiling that occurred after the cleaning date.
4.1 The service contract begins and ends at the times agreed between the parties. Individual contractual services shall begin and end at the agreed time for each service called up or used.
4.2 The contract cannot be terminated for the duration of the service. The right to terminate for good cause remains unaffected by this.
4.3 If recurring services have been agreed between the parties ( subscription ), either party may deactivate the contract with a notice period of 4 weeks via "My subscriptions" in the customer area of the website. The appointments already booked up to this point in time must be canceled manually by the client via the website. The contract can be terminated completely with a notice period of 4 weeks (ordinary termination). The termination must be in text form and can be sent, for example, by email to service (at) maideasy.de. The right to terminate for good cause also remains unaffected by this.
5.1 The services to be provided by the Contractor are generally based on a catalog of services that includes the individual and partial services to be provided in accordance with the order placed by the Client and the acceptance declared by the Contractor. Furthermore, the Client shall have no claim to the provision of services by specific persons or subcontractors ( vicarious agents ).
5.2 As a rule, the contracting parties shall agree a date/period for the provision of services in the contract. If, when booking a service or on the basis of a voucher, the Client only calls up the individual services at a later or different time, this requires express confirmation by the Contractor.
5.3 If it is not possible for AN to provide an order as contractually agreed, the Client must be informed immediately.
5.4 The Contractor shall provide the equipment and materials required to perform the service.
5.5 The client shall ensure that all requirements necessary for the provision of the service are met at the agreed time. This applies in particular to access to the place where the service is to be provided. Anything else shall only apply if this has been expressly agreed with the Contractor.
5.6 The contracting parties shall endeavor to the best of their knowledge and belief to support the contractual partner in the performance of the respective obligation by providing information, information or experience in order to ensure a smooth and efficient workflow for both parties.
6.1 The services provided by the Contractor shall be invoiced at the fixed price specified in the individual contract, unless another price is expressly agreed in the contract.
6.2 Payment by the Client shall be made by direct debit using the payment method agreed when the contract was concluded or in cash at the start of the service, depending on which payment method the Client specifies to the Contractor when placing the order.
6.3 Payment for further services through the subscription shall also be made by direct debit using the payment method agreed when the contract is concluded or in cash at the start of the service, depending on the payment method specified by the Client when placing the order with the Contractor, and shall be due immediately before the service is performed.
6.4 The Client agrees that it will only receive invoices electronically. Electronic invoices shall be made available in PDF format in the customer menu on the website.
6.5 The Client's obligation to pay default interest does not exclude the assertion of further damages caused by default by the Contractor.
The Customer shall only have a right of set-off if its counterclaims have been legally established or recognized by the Contractor. Furthermore, the Customer shall only be authorized to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.
8.1 Claims for damages by the client are excluded. Excluded from this are claims for damages by the Client arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Contractor, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Excluded from the exclusion of liability are also claims for damages for damages other than those mentioned in clause 8.1, insofar as they are based on a negligent breach of duty by the Contractor and/or its vicarious agents. In these cases, liability is limited to EUR 10,000.00 per claim.
8.2 In the event of a breach of material contractual obligations, the Contractor shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages by the Client arising from injury to life, limb or health.
8.3 The restrictions in clauses 8 1 and 8.2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
8.4 The provisions of Clauses 8.1 and 8.2 above extend to compensation for damages in addition to performance, compensation for damages instead of performance and claims for compensation for futile expenses, regardless of the legal grounds, including liability for defects, delay or impossibility.
8.5 The satisfaction guarantee consists exclusively of the offer of a so-called "subsequent cleaning" and is not equivalent to a reduction in the contractually agreed scope of the order. It can only be used up to 48 hours after the appointment and is dependent on the availability of the client and contractor. If it is not possible to agree a suitable time, the option of subsequent cleaning is forfeited.
8.6 The Client shall be liable for damages caused by missed appointments or the non-performance of the service in the full amount of the order sum. However, both contracting parties are free to prove higher or lower damages.
9.1 The client expressly agrees to refrain from circumventing the MaidEasy platform, this applies in particular to the initiation of business relationships with the cleaners or partners mediated by MaidEasy.
9.2 Any direct or indirect business relationship between the client (customer) and the cleaning staff & partners used in relation to the above-mentioned services must either involve MaidEasy as an intermediary or require the prior written consent of MaidEasy.
9.3 The Client is personally responsible to comply with this obligation and may not use any means to circumvent the relevant obligation.
9.4 A breach of this clause will result in a contractual penalty, which may be determined by MaidEasy at its reasonable discretion, subject to review by an independent court at MaidEasy's registered office. The contractual penalty should not be less than five times the financial damage caused by this unauthorized act, with a minimum of EUR 2,000.
9.5 A liability for damages - and in particular the assertion of higher damages by MaidEasy - is not excluded by this.
10.1 If the Client is a consumer and has concluded a contract with the Contractor using exclusively means of distance communication, in particular by telephone, e-mail or fax, or online via the Contractor's website, the Client shall be entitled to revoke its declaration of intent to conclude the contract within 2 weeks without giving reasons. The period shall begin at the earliest on the day of conclusion of the contract (receipt of the declaration of acceptance by the Client) if the Client has already received this revocation instruction in text form at this time. The revocation shall be made by declaration in text form (e.g. letter, fax, email) to the contractor at the address given below. Timely dispatch of the revocation shall suffice to meet the deadline. The right of revocation shall expire if the contractor has begun to perform the service with the express consent of the client before the end of the revocation period or if the client has arranged for this himself.
10.2 In the event of effective revocation, the Contractor shall refund any remuneration already paid to the Client.
11.1 Contractors shall collect data of the Client in the context of the initiation and execution of contracts. In doing so, they shall observe the provisions of the Federal Data Protection Act and the Teleservices Data Protection Act. Without the consent of the client, the contractor shall only collect, process or use the client's inventory and usage data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of teleservices.
The business relationship between the parties shall be governed exclusively by German law.
If the client does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This shall also apply if one part of a provision is invalid but another part is valid. The invalid provision shall be replaced by the parties with a provision that comes closest to the economic interests of the contracting parties and does not conflict with the other contractual agreements.
MaidEasy GmbH
℅ Minning & Burgdorf
Rentzelstr. 34
20146 Hamburg
Effective: 01.04.2024
