General Terms and Conditions (GTC) – TruckNetz.at

§ 1 Scope, Provider

1.1. These GTC apply to all contracts for the arrangement or provision of breakdown, towing, recovery, tyre and repair services via the TruckNetz.at platform.

1.2. The provider and operator is GEARS Digital UG (haftungsbeschränkt), Neue Straße 28, 97711 Maßbach, HRB 10186 Local Court (Amtsgericht) Schweinfurt, represented by the managing director Peter Rohn (the "Platform"). Customers are entrepreneurs (§ 1 KSchG) and consumers (§ 1 KSchG); mandatory consumer rights remain unaffected.

§ 2 Our role / your contractual partner

2.1. The Platform generally does not provide the said services with its own operational vehicles or its own operational personnel, but through a network of legally independent partner firms ("Service Partners").

2.2. The order confirmation expressly states in which model the Platform acts:

a) Own performance: The Platform is itself the customer's contractual partner and has the confirmed service carried out by a Service Partner it commissions. It may use Service Partners as vicarious agents or subcontractors.

b) Brokerage: The Platform merely arranges a contract between the customer and a named Service Partner. In this case the service contract is concluded directly between customer and Service Partner.

2.3. In the absence of an express statement, own performance (letter a) applies in case of doubt.

§ 3 Offer and conclusion of contract

3.1. The customer describes the need; the Platform submits an offer with a total price and the applicable model under § 2.

3.2. The contract is concluded when the customer confirms the offer in text form (app, e-mail or messenger) and the Platform confirms receipt. For consumers, the paid order is placed via a clearly labelled button (§ 8 FAGG).

3.3. Upon notification of the estimated time of arrival (ETA) and release by the customer, the order is deemed to have been bindingly placed.

§ 4 Prices

4.1. Before conclusion of the contract the customer receives a fixed total price for the confirmed scope of services; it includes the services and customary incidental costs stated in the order confirmation.

4.2. Additional services not foreseeable at the time of ordering are charged only after prior agreement.

§ 5 Payment

5.1. The total amount shown in the order confirmation is generally payable in full in advance before dispatch or release of the Service Partner (advance payment).

5.2. Accepted payment methods include, in particular, bank transfer, credit card and procedures provided via licensed payment service providers (e.g. Stripe, PayPal). Billing in euro.

§ 6 Customer's cooperation

The customer provides accurate details of location, vehicle and damage and ensures reasonable accessibility of the site of operation.

§ 7 Liability

7.1. The Platform is liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the Product Liability Act, and for fraudulent concealment of a defect.

7.2. In the case of slight negligence, the platform shall be liable to entrepreneurs only for the breach of material contractual obligations (obligations whose fulfilment is essential to the proper performance of the contract in the first place and on whose compliance the contracting party may regularly rely) and, in terms of amount, limited to the damage typically foreseeable at the time the contract was concluded. Vis-à-vis consumers, the mandatory provisions of the Konsumentenschutzgesetz (in particular § 6 KSchG) apply without restriction; liability for injury to life, body or health as well as for intentional or grossly negligent conduct is neither excluded nor limited.

7.3. In the brokerage model (§ 2 b), the Platform is not liable for the professional execution of the independent service of the Service Partner, but only for proper brokerage.

§ 8 Cancellation

If the customer cancels after notification of the ETA, the Platform may charge a cancellation fee of 50 % of the order value, but at least the travel costs incurred. The customer remains free to prove that the damage was lower.

§ 9 Right of withdrawal (consumers)

9.1. Consumers have a 14-day right of withdrawal from the conclusion of the contract (separate withdrawal instructions).

9.2. At the customer's express request for immediate performance, the right of withdrawal expires upon complete performance of the contract; the customer is expressly informed of this before ordering (§ 18 FAGG).

§ 10 Data protection

The Platform's privacy policy applies. Where personal data is processed on behalf in relation to Service Partners, a data processing agreement (Art. 28 GDPR) applies additionally.

§ 11 Final provisions

11.1. Austrian law applies. 11.2. For entrepreneurs, the place of jurisdiction is the registered seat of the Platform. 11.3. Amendments must be made in text form. 11.4. Should individual provisions be invalid, the remainder of the contract remains effective (severability clause).