General Terms and Conditions for AWHelp24

Autowelt GmbH
Industriestraße 1
97618 Niederlauer
Germany

Telephone: +49 9771 90 64 5 64
Email: autowelt12@t-online.de
Register Court: Schweinfurt Local Court
Registration Number: HRB 5115
Managing Director: Sergej Beitel

§ 1 Scope and Definitions

1. These General Terms and Conditions (“Terms and Conditions”) apply to enquiries and orders submitted to Autowelt GmbH (“Autowelt”) via AWHelp24 by telephone, website, app, email, WhatsApp, website chat or any other expressly offered means of communication.
2. AWHelp24 organises roadside assistance and mobility services within the European Union. Depending on the order confirmation, Autowelt will either itself become the customer’s contracting party or arrange a contract between the customer and a legally independent service partner.
3. “Service partners” include, in particular, towing companies, roadside assistance providers, tyre service providers, workshops, diagnostic companies, parts suppliers and other professionally qualified service providers.
4. A “consumer” is any natural person who enters into a contract primarily for purposes that cannot be attributed to their trade, business or self-employed professional activity. An “entrepreneur” is a natural or legal person or a partnership with legal capacity acting, when entering into the contract, in the course of its trade, business or self-employed professional activity.
5. Individual agreements and the specific order confirmation take precedence over these Terms and Conditions. Any deviating terms and conditions of the customer shall apply only if Autowelt has expressly agreed to their application.

§ 2 Role of Autowelt and Contracting Party

1. As a general rule, Autowelt does not perform roadside assistance, towing, recovery or repair services using its own emergency vehicles or personnel. On-site services are performed by legally independent service partners.
2. For each individual order, the order confirmation shall state clearly and comprehensibly:
   1. whether Autowelt itself is the customer’s contracting party and has the confirmed assistance service performed by a service partner commissioned by Autowelt; or
   2. whether Autowelt exclusively arranges a contract between the customer and a service partner identified by name.
3. If Autowelt is the customer’s contracting party, Autowelt owes the service described in the order confirmation and may use suitable service partners as agents or subcontractors for its performance.
4. If Autowelt exclusively arranges a contract, the contract for roadside assistance, towing, repair or any other service is concluded directly between the customer and the service partner specified in the order confirmation. In this case, Autowelt is responsible for properly arranging and coordinating the service, but not for the service itself or the result achieved by the service partner.
5. The mere receipt or forwarding of a payment by Autowelt does not alter the contractual arrangement specified in the order confirmation. If Autowelt accepts payments on behalf of a service partner in connection with an arranged contract, its role as a collection agent or payment agent shall be indicated in the order confirmation or invoice.
6. If it is not clearly stated who the customer’s contracting party is and which service the respective contracting party is required to provide, the order must not be treated as confirmed.
7. If Autowelt is the customer’s contracting party, Autowelt agrees its own fixed total price with the customer. The customer pays this total price to Autowelt and receives an invoice for the total price from Autowelt. The service partner used invoices Autowelt for its service. The difference between the price paid by the customer and the service partner’s costs forms part of Autowelt’s own pricing calculation and is not separately disclosed as a commission.
8. When arranging a contract, Autowelt may charge a separate fixed brokerage fee for searching for, selecting and arranging a suitable service partner. This fee and the fact that the actual assistance service is not included in it shall be clearly disclosed before the contract is concluded. The customer agrees and pays the price of the assistance service directly to the service partner unless the order confirmation indicates a valid authorisation for Autowelt to collect payment.

§ 3 Services Offered

1. Subject to availability and the specific order confirmation, AWHelp24 may organise, in particular, the following services:
   • roadside assistance for passenger cars, commercial vehicles, trucks, buses, tractor units, trailers, semi-trailers and suitable special-purpose vehicles or specialised machinery;
   • towing and recovery services;
   • mobile repair and diagnostic services;
   • tyre service and tyre replacement;
   • jump-start assistance;
   • fuel delivery and assistance in the event of misfuelling;
   • workshop referrals and workshop services;
   • repair and maintenance of engines and transmissions;
   • procurement and delivery of required spare parts.
2. The specific scope of services is determined exclusively by the order confirmation. Services that have not been expressly confirmed are not owed.
3. Autowelt organises assistance but does not guarantee that a suitable service partner will be available at every location and at all times, will arrive within a specific period or will be able to completely rectify a breakdown or damage on site. Arrival times, completion times or results are binding only if they have been expressly confirmed as binding.
4. An initial assessment based on information supplied by the customer does not replace a diagnosis of the vehicle. If a different or more extensive need for services becomes apparent on site, § 7 and the customer’s consent obtained in accordance with that section shall apply.

§ 4 Enquiry, Offer and Conclusion of the Contract

1. The customer’s initial contact constitutes a non-binding enquiry. Autowelt or the designated service partner shall then provide the customer with the essential order details, including, in particular, the identity of the contracting party, the service owed by that contracting party, the scope of services, the service location, the fixed total price and, where applicable, an expressly agreed cost range.
2. A contract is concluded only when the customer confirms the order details through the app or in a text-form message and receipt of the customer’s confirmation is electronically acknowledged. An enquiry made exclusively by telephone does not result in a chargeable order unless it is subsequently confirmed in text form.
3. Confirmation may be given, in particular, by returning a signed enquiry confirmation, providing unambiguous approval in the app or sending a clearly attributable message. In the case of entrepreneurs, Autowelt may additionally require a signature and company stamp. A brief response or symbol shall constitute approval only if the immediate message history makes it unambiguously clear which offer, including the contracting party, service and total price, is being confirmed.
4. During an ordering process on the website or in the app, the customer shall receive the information required by law and an opportunity to identify and correct input errors before submitting the order. An order placed by a consumer that entails an obligation to pay must be confirmed by means of a correspondingly and unambiguously labelled button.
5. The order confirmation shall be provided to the customer on a durable medium, in particular by email, app message or downloadable document. Before giving confirmation, the customer must be able to access and save these Terms and Conditions and, where applicable, the cancellation instructions.
6. If immediate assistance is required, the confirmation in text form may be brief. Nevertheless, it must state at least the contracting party, the service, the service location, the total price and the consumer’s express request for the service to begin immediately.

§ 5 Authority of the Customer and Duties of Cooperation

1. The customer declares that they are the owner, registered keeper or otherwise authorised to commission the assistance service. A driver who is not the owner or registered keeper must, upon request, present appropriate vehicle documents and proof of authorisation.
2. The customer shall provide all information required to process the order completely and accurately. This includes, in particular:
   • the precise location, which must be safely accessible;
   • contact details and availability at the location;
   • vehicle type, registration number, vehicle identification number (VIN), manufacturer, model, dimensions and weight, where relevant;
   • information about trailers, semi-trailers, articulated trailers or specialised machinery;
   • a description of the breakdown, damage and any hazards already apparent;
   • error codes, diagnostic data, photographs or videos, where required for assessment;
   • information about cargo, hazardous goods, trailers or other special circumstances;
   • required vehicle, keeper and insurance documents;
   • safe and legally permissible access to the vehicle.
3. The customer shall follow reasonable safety instructions issued by Autowelt, emergency services, public authorities and service partners. The customer must not endanger themselves or others and should, where possible, secure the scene of an accident or breakdown.
4. Any changes in location, availability, vehicle condition or required services must be reported immediately.
5. Additional costs and delays caused by information culpably provided by the customer incorrectly, incompletely or late may be charged to the extent permitted by law. The customer remains entitled to prove that no additional costs or lower additional costs were incurred.

§ 6 Selection and Use of Service Partners

1. Autowelt selects service partners based on availability, service area, service profile and the requirements of the order that are apparent at the time. The customer has no right to demand that a particular partner be commissioned.
2. Autowelt may transmit the data required to perform the order to the selected service partner. Further details are set out in the Privacy Policy.
3. When a contract is arranged, the service partner is responsible for the professional performance of the service, compliance with statutory requirements and its employees, vehicles, equipment and insurance.
4. If Autowelt is the customer’s contracting party, Autowelt remains responsible to the customer for performance in accordance with the contract, even where a service partner is used.

§ 7 Prices and Additional Services

1. Before the contract is concluded, the customer shall receive a fixed total price for the confirmed scope of services. For consumers, this shall be a gross price inclusive of statutory value added tax. For entrepreneurs, it shall be indicated whether the price includes value added tax.
2. The confirmed fixed price includes all services and customary ancillary costs stated in or clearly included by the order confirmation. Separate travel, night-time, weekend, toll, diagnostic, material or other surcharges are owed only if they were included in the total price or expressly disclosed before the contract was concluded.
3. Additional services are owed only if they become objectively necessary and the customer consents to them in text form before they are performed.
4. A cost range of no more than ten per cent above the confirmed fixed price may be used only if the customer expressly approves that range in the order confirmation. Within an approved range, only unforeseeable services necessary for proper performance may be carried out without renewed consent. Unnecessary extensions of the services and any amount exceeding the approved range always require renewed confirmation.
5. If, despite reasonable attempts, it is not possible to consult the customer, only measures that are strictly necessary and proportionate to prevent an immediate danger to persons or substantial property damage may be carried out without further consent. Additional statutory rights and obligations remain unaffected.
6. Spare parts or materials supplied by the customer shall be used only if Autowelt or the performing service partner approves their use in advance. Liability for defects or damage is excluded to the extent that such defects or damage were demonstrably caused by unsuitable, defective or incorrectly identified parts or materials supplied by the customer. The service partner may refuse to use them for technical, legal or safety-related reasons.
7. Removed old parts shall be disposed of in accordance with statutory and environmental requirements unless, before the work begins, the customer expressly requests their return and the return is legally, technically and safely permissible. Their return may be made conditional upon reimbursement of separately disclosed additional storage, transport or disposal costs.

§ 8 Invoicing and Payment

1. The issuer of the invoice and the payment recipient are specified in the order confirmation and invoice. Depending on the contractual arrangement, the invoice may be issued by Autowelt or by the service partner.
2. When arranging a contract, Autowelt may be authorised to accept payments on behalf of the service partner. Payment to the payment recipient specified in the order confirmation discharges the customer’s payment obligation.
3. Available payment methods may include, in particular, bank transfer, PayPal and payment methods provided through Mollie. The payment methods available in the order confirmation shall apply.
4. As a general rule, the total amount stated in the order confirmation as payable to Autowelt must be paid in full in advance before the service partner is dispatched or authorised. A different payment arrangement shall apply only if confirmed in text form. Consumers shall be in default no later than 30 days after the payment becomes due and an invoice has been received only if the invoice specifically informs them of this legal consequence.
5. Internal commissions or settlements between Autowelt and a service partner do not create any additional payment obligation for the customer unless they are expressly disclosed as part of the total price confirmed by the customer.
6. A payment guarantee given by Autowelt to a service partner is a separate agreement between Autowelt and the service partner and does not confer any rights upon the customer unless expressly confirmed otherwise.
7. If, when arranging a contract, Autowelt advances payment of a service partner’s claim owed by the customer, the customer is required to reimburse Autowelt only if the basis for collection or reimbursement and the amount of the claim have been transparently disclosed to the customer and validly agreed or the claim has been validly assigned to Autowelt. The customer may not be charged twice for the same claim.

§ 9 Commencement of Services, Service Times and Obstacles

1. Autowelt begins organising assistance after the contract has been concluded and, in the case of consumers, after receipt of the required express request for immediate commencement of the service in accordance with § 13.
2. Communicated arrival and processing times are estimates unless they have been expressly confirmed as binding. Traffic, weather, official measures, the current emergency response situation, border controls, vehicle or parts availability and other circumstances beyond the control of Autowelt or the service partner may cause delays.
3. Autowelt shall inform the customer of any material delay of which it becomes aware. If the service becomes permanently unavailable, the customer shall be informed without delay; any payments already received for services that have not been performed shall be refunded in accordance with statutory provisions.
4. The customer’s statutory rights in the event of delay, impossibility of performance or defective performance remain unaffected.

§ 10 Cancellation, Termination of Services and Obstacles Caused by the Customer

1. Before the contract is concluded, the customer may withdraw their enquiry free of charge.
2. After the contract is concluded, a consumer’s cancellation, withdrawal and termination rights shall be governed by statutory provisions and § 13. These Terms and Conditions neither exclude nor restrict any contractual or statutory right of cancellation.
3. If a consumer expressly requests that the service begin before the cancellation period expires and subsequently validly cancels the contract, compensation for services performed before cancellation may be claimed only where the statutory requirements are met.
4. If a confirmed service cannot be carried out, or cannot be carried out as agreed, for a reason attributable to the customer—particularly because the customer or vehicle leaves the service location after the order has been placed, the location supplied is incorrect, the customer is unavailable, the required authorisation or documents are missing, access is refused or a material change has not been disclosed—the demonstrably incurred, necessary and legally recoverable expenses of the service partner and Autowelt may be charged. Any expenses saved must be deducted. The customer remains entitled to prove that no claim or a lower claim exists.
5. A flat-rate cancellation, call-out, waiting-time or unsuccessful-journey fee is owed only if it was clearly communicated to the customer as part of the offer before the contract was concluded and was validly agreed.
6. If a service must be terminated for safety reasons, because of an official order or because it is objectively found to be impossible to perform at the location, the parties shall agree on the next steps and any adjusted service. Statutory remuneration and reimbursement claims remain unaffected.

§ 11 Defects, Complaints and Contact Person

1. The customer should report any identifiable problems as soon as possible so that they can be promptly investigated and remedied. This does not shorten statutory rights in respect of defects or limitation periods.
2. If Autowelt is the customer’s contracting party, the customer shall address notices of defects and claims to Autowelt. Autowelt remains the central point of contact even where a service partner is used.
3. When a contract is arranged, the service partner is responsible for defects in its service. The customer may nevertheless submit complaints to Autowelt; Autowelt shall forward them to the service partner and assist with communication without thereby assuming liability for the service partner’s performance.
4. Damage to the vehicle or other property should be documented at the location and immediately reported to the responsible contracting party. Where possible, photographs, service records and a description of the events should be attached.
5. Before the service is performed, the customer shall receive an enquiry or order confirmation for approval. After completion, the customer may request documentation of the work performed or a service or attendance record. Confirmation that the service was actually performed does not constitute a waiver of statutory rights in respect of defects or damages.

§ 12 Liability

1. Autowelt shall have unlimited liability in cases of intent and gross negligence, culpable injury to life, body or health, under the German Product Liability Act, in cases of fraudulent concealment of a defect and to the extent of any guarantee expressly assumed.
2. In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded. Material contractual obligations are obligations whose performance is essential for proper performance of the contract and on whose observance the customer may ordinarily rely.
3. In all other respects, liability for damage caused by slight negligence is excluded to the extent permitted by law.
4. When arranging a contract, Autowelt is not liable for the professional performance of the independent service provided by the service partner. However, Autowelt shall be liable in accordance with the preceding provisions for its own breaches of duty in connection with selection, arrangement and coordination.
5. These liability provisions apply correspondingly to Autowelt’s legal representatives, employees and agents.
6. Mandatory statutory liability provisions and any more extensive consumer rights remain unaffected.

§ 13 Consumers, Right of Cancellation and Immediate Commencement of Services

1. Before the contract is concluded, consumers shall receive separate cancellation instructions where a statutory right of cancellation exists. The cancellation instructions shall not form part of a merely oral explanation by telephone but shall be provided on a durable medium.
2. Since roadside and emergency assistance is generally required immediately, the consumer must expressly declare before the service begins:“I expressly request that performance of the commissioned service begin before the cancellation period expires. I understand that, upon full performance of the contract by the trader, I shall lose my right of cancellation, provided that the statutory requirements for this are met. If I cancel before the service has been fully performed, I may, subject to the statutory requirements, be required to pay compensation for the service provided up to that point.”
3. The declaration under paragraph 2 must be actively made and documented in the app, on the website or in a message. A pre-ticked checkbox or mere acknowledgement of these Terms and Conditions is not sufficient.
4. Where a consumer expressly requests a visit for the purpose of carrying out urgent repairs or maintenance work, the specific statutory provisions shall apply. These do not automatically cover additional services that were not expressly requested or goods that are not strictly necessary.
5. When a contract is arranged, the service partner shall provide the cancellation instructions required for its contract. As part of the arrangement process, Autowelt shall ensure that the customer receives this information before giving confirmation.

§ 14 Data Protection

1. Autowelt processes personal data for the purpose of processing, arranging, coordinating, performing and invoicing the order and communicating with the customer and service partner.
2. Data required to perform the order may be transmitted to the selected service partner, payment service providers and other necessary recipients. The applicable legal bases, recipients, third-country transfers and retention periods are set out in the current Privacy Policy.
3. Telephone calls are not recorded.
4. Error codes, diagnostic data, photographs and videos may be processed and transmitted to the performing service partner where necessary for the assessment, performance, documentation or preservation of evidence relating to the specific order.
5. Photographs or videos shall be used on the website, social media, in advertising or as references only on the basis of the customer’s separate and voluntary consent and, where necessary, the service partner’s consent. Before publication, registration numbers, company markings, faces and other identifying features shall be made unrecognisable. Further details, particularly concerning withdrawal of consent and retention periods, shall be governed by the Privacy Policy and the separate declaration of consent.

§ 15 Applicable Law, Jurisdiction and Contract Language

1. German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
2. In relation to consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the country in which the consumer has their habitual residence. Mandatory European Union and national consumer protection provisions remain unaffected.
3. The statutory international and local places of jurisdiction shall apply to consumers. Proceedings against a consumer shall be brought only in a place of jurisdiction permitted by law.
4. If the customer is a merchant, a legal entity under public law or a special fund under public law, Autowelt’s registered office shall be the place of jurisdiction to the extent permitted by law.
5. The contract languages offered when the contract is concluded shall be communicated to the customer before the order is submitted. In the case of translations, the German version shall form the basis for interpretation unless mandatory consumer law or the transparency requirement prevents this.

§ 16 Final Provisions

1. Amendments and additions to an order should be documented in text form. Individual agreements shall take precedence irrespective of their form.
2. If any provision of these Terms and Conditions is or becomes wholly or partially invalid, the relevant statutory provisions shall apply in its place. The validity of the remaining provisions shall remain unaffected.

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Annex: Cancellation Instructions for Contracts with Autowelt

Note: This annex applies only where Autowelt itself is the consumer’s contracting party and a statutory right of cancellation exists. If a service partner is the contracting party, that service partner’s cancellation instructions must be used.

Right of Cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the date on which the contract is concluded.

To exercise your right of cancellation, you must inform us at:

Autowelt GmbH
Industriestraße 1
97618 Niederlauer
Germany
Telephone: +49 9771 90 64 5 64
Email: autowelt12@t-online.de

of your decision to cancel this contract by means of an unequivocal statement, for example a letter sent by post or an email. You may use the model cancellation form below, but its use is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the notification concerning your exercise of the right of cancellation before the cancellation period has expired.

Effects of Cancellation

If you cancel this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the date on which we receive notification of your cancellation. We shall make the reimbursement using the same means of payment that you used for the original transaction unless expressly agreed otherwise; in no event will you incur any fees as a result of this reimbursement.

If you requested that the service begin during the cancellation period, you shall pay us an appropriate amount corresponding to the proportion of the services already provided up to the date on which you inform us that you are exercising your right of cancellation, compared with the full scope of the services provided for under the contract, provided that the statutory requirements for such compensation are met.

Model Cancellation Form

If you wish to cancel the contract, you may complete and return this form to us:

To Autowelt GmbH, Industriestraße 1, 97618 Niederlauer, Germany, email: autowelt12@t-online.de

I/We hereby cancel the contract concluded by me/us for the provision of the following service:

Ordered on:

Name of consumer(s):

Address of consumer(s):

Date:

Signature of consumer(s) (only if this form is submitted on paper):

Version dated: 10 August 2026