Terms & Conditions

These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Car Help Europe governing the use of our website. This agreement is not governing our Services or Packages,  for further information on the terms on which we make our Services available to you, please refer to our Terms of Service . 

• ABOUT US

1. 1. We are Car Help Europe of Office 0604 – 44 Evesham Avenue, Grimsby, DN34 5RT, United Kingdom (“Car Help Europe”, “we”, “us”, or “our”).
   2. We operate www.carhelpeurope.com (our “website”).
   3. To contact us, please email us at info@carhelpeurope.com, call +46 31 360 90 05 or write to us at the above address.

• GENERAL TERMS

1. 1. The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website. 
   2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our website on these Terms.
   3. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our website or your Account at any time, or remove or edit content (including content submitted by you) on our website or on any of our affiliated websites (including social media pages). 
   4. We reserve the right to change, modify, suspend or discontinue any portion of our website or any other services, affiliated websites (including social media pages) provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

• PROVIDING INFORMATION

1. 1. You irrevocably and unconditionally represent and warrant that any of your content, information, personal data (collectively “Content”) uploaded to our website complies with our Privacy Policy, the UK`s Data Protection Act (“DPA”) and the EU’s General Data Protection Regulation (“GDPR”) and any other applicable laws.
   2. You are fully responsible for your content uploaded to our website. We will not be responsible, or liable to any third party, for:
      1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our website; or
      2. the loss of any content or data provided to us by you. You should keep a record of all such content and data. 
   3. We will only use the content uploaded by you for the purposes of carrying out our services, carrying out our obligations in this Agreement and any other purpose expressly set out in our Terms of Service or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority. 
   4. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our website constitutes a violation of their rights under California law.

• PROHIBITED USES

1. 1. You may use our website only for lawful purposes. You may not use our website:
      1. in any way that breaches any applicable local or international laws or regulations;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
      4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
   2. You also agree:
      1. not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
      2. not to access without authority, interfere with, damage or disrupt:
      3. any part of our website;
      4. any equipment or network on which our website is stored; 
      5. any software used in the provision of our website; or 
      6. any equipment or network or software owned or used by any third party.

• INTELLECTUAL PROPERTY RIGHTS

1. 1. You acknowledge that all intellectual property rights in our website anywhere in the world belong to us, that rights in our website are licensed (not sold) to you, and that you have no rights in, or to, our website other than the right to use them in accordance with these Terms.
   2. Any intellectual property rights in content uploaded by you to our website shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the services, internal administrative purposes and any other purposes set out in these Terms. 
   3. You acknowledge that you have no right to have access to our website in source code form.

• WARRANTIES

1. 1. While we make all efforts to maintain the accuracy of the information on our website, we provide the website and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. 
   2. The content on our website is provided for general information purposes only and is not intended to constitute or substitute professional advice or legal advice of any kind whatsoever. Please do not disregard professional advice or delay seeking advice because of something you have read on our website or in the content on our website.
   3. Car Help Europe makes no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the content on our website, information, services and other content contained on our website. 
   4. Car Help Europe cannot guarantee that the content on our website and content and the provision of the content of our website will always be correct or fault, error and virus free.
   5. Car Help Europe does not accept liability for incorrect content or errors and omissions in our content and information on our website or its content (whether of legal, typographical, technical, or other nature).
   6. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our website, the related content, or electronic communications sent by us are free of viruses or other harmful components. 

• LIMITATION OF LIABILITY

1. 1. We are not liable for the completeness, accuracy or correctness of any content and information and any related content. You expressly agree that your use of the services and our website, including reliance on any content and information, is at your sole risk. 
   2. You agree not to use our website and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use,our website or any other website or software) for:
      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss of anticipated savings;
      4. loss or corruption of data or information;
      5. loss of business opportunity, goodwill or reputation; or
      6. any other indirect or consequential loss or damage.
   3. Nothing in these Terms shall limit or exclude our liability for:
      1. death or personal injury resulting from our negligence; 
      2. fraud; and/or
      3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
   4. These Terms set out the full extent of our obligations and liabilities in respect of the supply of our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

• INDEMNITY

           You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms (including our Privacy Policy) or any laws or regulations or otherwise. 

• OTHER IMPORTANT TERMS

1. 1.       We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms. 
   2.       You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
   3.       No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
   4.       These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
   5.       If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 
   6.       Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 
   7.       These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of England and Wales. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. 

•  Coverage – What Fee paid includes – Case handling – Response time

1. 1. This is an agreement/membership with a one-off fee. The fee is the one indicated on the relevant invoice. The contract covers registered users/clients only. The fee is paid for the provision of legal services for all and each case of the user/client, during the user’s/client’s coverage time and which covers everything that is mentioned on our website (see www.carhelpeurope.com) i.e. car accidents, criminal actions (see also below). The remuneration is payable irrespective of the use of the service, but also regardless of the number of cases and irrespective of the occupation that will be required in each case.
   2. FEE paid COVERS ALL LEGAL FEES for any legal advice needed and offered either through the 24/7/365 helpline or in person at the spot of the incident, at the Police station, at the Hospital, before the DA (prosecutor), before the Investigation Judge and at the Court (first instance and appeal) for any civil and criminal case and representation before all the above Authorities, Courts etc., both in preliminary procedures and at court, studying the case, drafting all necessary documents, lawsuits, indictments, memo’s, extrajudicial statements, notices at any Authority, preparing defense, preparing defendants and witnesses, following the case at every step, filing any necessary documents at Court and/or any Authority, drafting affidavits and Power of Attorney to handle the case without user’s/client’s presence needed (where this is legally applicable) and inform the user/client for the progress of the case. Minors between 14 – 18 years old must register separately to be covered. Minors younger than 14 years are covered if at least one adult escorting them is covered.
   3. Once the case has been declared, C.H.E. undertakes to process it, subject to the user’s/client’s authorization. The choice of how to resolve it is in our own (C.H.E.’s) sole discretion always considering C.H.E.’s user/client best interest and the case’s perspective and possibly turn out. Additionally, we are the only ones to decide if there is really a sustainable case and if it is a criminal or civil case. C.H.E. is the only one to decide if there must be a settlement of the case and the conditions of the settlement.
   4. Cases are covered by local lawyers in co-operation with lawyers at our headquarters. The choice of lawyers to take charge of the case is solely our (C.H.E.’s) responsibility.
   5. The payment is made in advance and the corresponding invoice is automatically sent to the user/client, as well as the code number, which is individual and unique and must be used for identification purposes both at the helpline and the claim form.
   6. In the event of an emergency, our response will be within the minimum response time, considering the distance and the time of the incident (office hours or out of office hours or post-midnight hours). The helpline telephone response will be immediate on a 24/7 basis.
   7. The responsibility for the handling of the cases lies solely with us (C.H.E.). In the event of incorrect information being provided and/or an inappropriate update and/or lack of communication and/or failure to produce necessary evidence and/or provide necessary documents, the user/client will be burdened and C.H.E. will no longer be responsible for the success of the case and has also the right to drop the case. The user/client can communicate with C.H.E. when there is a case or wants to ask if there is any need.

• What Fee paid DOES NOT Cover/ Include/ Mean

1. 1. Cases that the user/client will cause by his fraudulent activities as well as assumptions that will take place outside the stated location or time. Felonies committed by the user/client, as well as serious and deliberate misdemeanors, such as severe physical and/or dangerous personal injuries, fraud, or similar misdemeanors. Cases against Tour Operators, Hotels, Travel Agents, Rent A Car Companies, and/or any of their stuff. In the incident of a case between C.H.E. members, C.H.E. can either act by reaching a fair for both compromises or represent only the first one announced the case and returning the fee to the other one. Once the purchase of C.H.E. process is completed, the user/client can appoint the case to C.H.E., either online or via phone. The valid case that can be appointed to C.H.E. is only a case that occurs originally after the purchase of C.H.E. and not one that has occurred before purchasing.
   2. COSTS of the case, indicatively court fees and court vouchers, photocopies, stamps and anything else that needed to be paid for the case and the representation of the user/client before the Courts legally, court costs, costs for filing a lawsuit, court bailiffs for the service of court or extrajudicial documents, costs of accused persons for necessary transfers or bail imposed, witness expenses for travel etc., expert expenses etc. In general, any costs incurred in the handling of the case, which the user is obliged to pay in advance, and in case of refusal the service might not be possible to be provided or be provided successfully and C.H.E. has the right to drop the case if the user/client refuses for any reason or is unable to pay the necessary expenses.

COMPENSATION to the user/client and/or any third party.

• V. Duration of coverage – Place of coverage – Termination of coverage

1. 1. 1. Duration: Coverage begins after proper registration at C.H.E. and covers only cases occurred after registration and not before registration. The coverage period is the one declared at registration process beginning from arrival (or registration if registration follows arrival) time until departure time or less if less time is declared at registration. Coverage period cannot exceed 40 consecutive calendar days.
      2. The “place” of case coverage is the one declared in the registration process and nearby destinations. If no “place” has been declared then as “place” is considered the “place” of the hotel/ rent a car or other place of purchasing C.H.E. and nearby destinations. 
      3. This may be terminated in the event of unauthorized or improper conduct by one of the parties, failure to respond to a case or abuse of the service by the user/client.

•  Cases we handle

1. 1. Accidents covered: Car, motorcycle, ATV, truck trips accidents.
   2. Criminal actions covered: A) Criminal action against you in case of car accident. We will represent you before any Court, Authority and Police Station for any criminal action against you during your stay out of your residence country, and take all appropriate actions against the offender both criminal by succeeding imprisonment and civil by claiming compensation. We will represent you before any Court, Authority and Police Station for any non-deliberate car accident you may commit during your trip, if you get involved into an accident that resulted into someone’s injury or death under your fault. Please note that you are not covered if you drive under influence of either alcohol or drugs. In all of the above occasions, we also follow your case from beginning to end, even without your presence, after your return back home, with the appropriate Power of Attorney (Proxy).

• Claims

To make a claim, please visit our online claims service  www.carhelpeurope.com. Alternatively, phone  +46 31 360 90 05and ask for a C.H.E. agent to prepare the claim form for you or email info@carhelpeurope.com and we will contact you. You should fill in the form and send it to us as soon as possible with all the information and documents we ask for. It is essential that you provide us with as many details as possible to enable us to handle your claim quickly. Please keep photocopies of all information you send us. After filing a claim in any of the above-mentioned ways a copy of your claim will automatically be sent to your declared email address. If there are any mistakes you want to be corrected or additional information you want to be added please email us back with the corrections and/or additions needed. If you do not reply within 24 hours it means that you agree with the information included in the claim form emailed to you.

Regarding fees, in case of mandatory expenses outside legal representation (i.e. court fees if applicable, court stamps, expenses for servicing documents etc.), these are not included in