General Terms and Conditions (GTC)
1. Scope and Subject Matter of the Agreement
1.1. The website hamburg-truck-abschleppdienst.de (operated by OPTILIFE DOO RAKOVAC within the TruckNetz.DE network) acts exclusively as a pure information and mediation service. Neither OPTILIFE DOO RAKOVAC 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 utilizes set of technologies including specialized algorithms to establish 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 (Optilife DOO) is not a party to such a service contract.
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 the Provider acting as an authorized collection agent for this performing third-party company.
4.2. Unless otherwise agreed, payments are due immediately upon the provision of the technical service by the third-party company. The performing third-party company decides by itself: cash, card payments, or (subject to prior approval) payment by invoice are accepted.
4.3. All prices are subject to the applicable statutory Value Added Tax (VAT).
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 dispatched and is en route to the site at the time of cancellation, 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 of the vehicle, the type of damage, and any special circumstances (e.g., cargo, hazardous materials, difficult access).
6.2. The Customer must ensure that the site of operation is accessible for the specialized vehicle of the matched 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 constant availability of partners or the technical condition of their equipment.
8. Final Provisions
8.1. German law applies. For consumers habitually resident in another EU member state, the mandatory provisions of that state's law remain unaffected. For non-EU consumers, the law of the Republic of Serbia applies, unless mandatory international consumer protection laws (e.g., in Germany) take precedence.
8.2. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected (Severability Clause).