Terms and Conditions for the Use of the binschonda Marketplace and the Web-Based Customer App
I. Scope of Application
1. binschonda Hauptstadt-Pflegedienst GmbH (hereinafter “binschonda”), Treskowallee 121, 10318 Berlin, Germany, registered with the Charlottenburg Local Court under HRB 115426 B, represented by Managing Director Steffen Höppner, operates the online marketplace www.binschonda.de as well as the web-based Customer App at customer.live.binschonda.de.
2. These Terms and Conditions govern the use of the marketplace and the Customer App, regardless of whether access is made via desktop, tablet, smartphone, or other internet-enabled devices.
3. Via the platform, binschonda provides a technical infrastructure through which service recipients can book, manage, and digitally process service offerings from various service providers.
4. Conflicting or deviating terms and conditions of service recipients shall not be recognized unless binschonda expressly agrees to their validity in writing.
II. Registration and Use
1. Online registration is required to use essential functions (e.g. booking, order management, messaging, invoice archive).
2. The service recipient undertakes to provide complete and truthful information during registration. Login credentials must not be passed on to third parties.
3. binschonda is entitled to block a service recipient’s access if there are indications of misuse or violations of these Terms and Conditions.
4. The contractual relationship regarding the use of the app is established upon successful registration or first login.
III. Services Provided by binschonda
1. binschonda operates and maintains the technical platform, provides the functionality of the web-based Customer App, and ensures its proper operation within the scope of contractual and technical possibilities.
2. Via the platform, service recipients may contact, request, book, and digitally process services from external service providers who operate independently under applicable law.
3. The execution of booked services is carried out exclusively by the respective service providers. A service contract is concluded solely between the service recipient and the respective service provider. The content, scope, quality, and remuneration of such services are governed exclusively by the individual agreements between the service recipient and the service provider and their respective terms. binschonda is not a party to these service contracts.
4. binschonda may also offer its own services. In such cases, these services will be expressly identified as services provided by binschonda. The respective service descriptions and prices displayed shall apply.
5. binschonda is entitled to expand, modify, or restrict the functions of the app at any time, provided this is reasonable for the service recipient or serves the security and stability of the platform.
IV. Technical Availability
1. binschonda strives to ensure high technical availability (at least 98% annual average). Maintenance work, updates, or events beyond binschonda’s control (force majeure, internet disruptions, etc.) may result in temporary restrictions.
2. Permanently error-free use cannot be technically guaranteed. binschonda assumes no liability for temporary outages or data loss caused by external factors.
V. Responsibilities of Service Recipients
1. The service recipient is responsible for all data submitted or transmitted by them (e.g. bookings, personal information, communication content).
2. The service recipient may only use the app within its intended functional scope and must not circumvent technical measures designed to protect the application.
3. The service recipient undertakes to inform binschonda immediately of any technical errors, security issues, or unauthorized access.
VI. Booking of Services
1. The services displayed on the platform constitute non-binding offers from the respective service providers. A service contract is concluded exclusively between the service recipient and the service provider.
2. binschonda acts as a technical intermediary and payment processor. binschonda is not a contractual party to the service contracts unless expressly stated otherwise.
3. If the service recipient books services via the portal or app, the contractual terms of the respective service provider shall additionally apply.
VII. Prices and Payment Processing
1. Prices are displayed as gross amounts. Value-added tax is shown only if binschonda or the respective service provider is authorized to do so.
2. Payment processing is carried out electronically via the Customer App or the binschonda marketplace.
3. Invoices are provided electronically. The service recipient agrees to electronic invoicing.
VIII. Liability
1. binschonda shall be liable without limitation in cases of intent, gross negligence, and for damages resulting from injury to life, body, or health.
2. In cases of slight negligence, binschonda shall only be liable for damages resulting from the breach of essential contractual obligations (cardinal obligations) and only up to the amount of the foreseeable damage typical for the contract.
3. binschonda shall not be liable for data loss or damage caused by improper use, lack of data backup, or external influences.
IX. Data Protection
1. The processing of personal data is governed by the current privacy policy available at https://www.binschonda.de/datenschutz/.
2. binschonda processes personal data for contract performance, service recipient administration, and the technical provision of the app.
3. The service recipient may object to the processing of personal data at any time, provided no statutory retention obligations prevent this.
X. Term and Termination
1. The user agreement for access to and use of the Customer App is concluded for an indefinite period and may be terminated by the service recipient at any time via the app or by email to support@binschonda.de.
2. Termination pursuant to Clause 1 exclusively ends the user agreement between the service recipient and binschonda as the platform operator.
3. Contracts for services concluded with external service providers via the marketplace or app (e.g. household or manual services) remain unaffected by termination of the user agreement. Only the respective contractual terms and termination provisions of the involved service providers apply. binschonda is not a party to these contracts and assumes no obligations arising from them.
4. binschonda may terminate the user agreement with 14 days’ notice or with immediate effect if the service recipient violates material contractual obligations or misuses the app.
XI. Amendments to the Terms and Conditions
binschonda reserves the right to amend these Terms and Conditions insofar as this is necessary due to technical developments or changes in the law. Service recipients will be informed of any changes at least 30 days prior to their entry into force.
XII. Place of Jurisdiction and Applicable Law
1. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The place of jurisdiction shall be Berlin, provided the service recipient is a merchant or a legal entity.
XIII. Severability Clause
Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
XIV. Internal Complaints and Mediation
1. Service recipients and service providers may submit a complaint to binschonda regarding the respective other contractual party if they believe that contractual or statutory obligations have been violated. binschonda endeavors to act as an intermediary in such cases and to provide guidance for further clarification.
2. This voluntary mediation and clarification process has no legally binding effect. In particular, it does not replace statutory claims or administrative or judicial proceedings.
3. The service recipient acknowledges that, for the purpose of clarifying the reported matter, binschonda may review internal communication and transaction data (e.g. chat histories, booking details, invoice status) insofar as this is necessary to assess a potential violation. This applies in particular in cases of suspected legal violations, misuse, attempted fraud, or breaches of these Terms and Conditions.
4. binschonda reserves the right to remove content or reviews that violate applicable law, third-party rights, or these Terms and Conditions, in particular in cases of untrue, insulting, discriminatory, or obviously abusive content. In serious cases, binschonda may temporarily or permanently suspend service recipient accounts.
Last updated: December 2025
