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General Terms and Conditions for the Animod website www.animod.de and the Animod app (hereinafter referred to as website) of the
Animod GmbH
Bayenthalgürtel 4
50968 Cologne
1.1 The Website is operated by Animod GmbH, Bayenthalgürtel 4, 50968 Cologne, Germany (hereinafter referred to as "Animod").
1.2 Animod sells hotel vouchers and travel vouchers and facilitates travel services from tour operators exclusively on the basis of these General Terms and Conditions (hereinafter "GTC").
1.3. The terms used in these General Terms and Conditions and on the Animod Website have the following meaning:
1.4 These GTC govern your purchase of value vouchers, multi vouchers, hotel vouchers, co-payment vouchers, travel vouchers and travel services from Animod as well as Animod's intermediary activities.
1.5 In the context of direct booking of a trip, the terms and conditions of the respective tour operator shall also apply with regard to the legal relationship between the tour operator and you, facilitated by Animod. These terms and conditions can be viewed on Animod's website.
1.6 The following applies to entrepreneurs: Within the above-described scope of application of these GTC, deviating and/or extended terms and conditions for customers shall not become part of the contract.
Animod offers value vouchers, multi vouchers, hotel vouchers and co-payment vouchers from various hotel operators as well as travel vouchers and travel services from various tour operators via the Internet/Website and other sales channels. Animod's services are always limited to selling the aforementioned vouchers and travel services. Animod therefore exclusively acts as an intermediary and does not organize any trips itself.
The voucher number on the value voucher entitles the holder to redeem the value stated on the voucher on the platforms stated on the voucher once. Hereby, the conditions stated on the voucher apply.
The voucher can be used or redeemed by any person who holds the voucher number and the activation code.
The voucher number on the multi voucher entitles the holder to redeem the value stated on the voucher on the platforms stated on the voucher once. Hereby, the conditions stated on the voucher apply.
The voucher can be used or redeemed by any person who holds the voucher number and the activation code.
The voucher number on the hotel voucher entitles the holder to redeem and thus book a stay at the hotel specified on the voucher directly with the hotel. Hereby, the conditions stated on the voucher apply.
The voucher can be used or redeemed by any person who holds the voucher number. Presenting the voucher in paper form is not required at any time, only the voucher number must be provided.
If not yet redeemed, hotel vouchers can also be used for other hotels within the validity period.
The voucher number on the co-payment voucher entitles the holder to redeem and thus book a hotel under the conditions specified on the voucher (including mandatory co-payment) on the platform specified on the voucher.
The voucher can be used or redeemed by any person who holds the voucher number. Presenting the voucher in paper form is not required at any time, only the voucher number must be provided.
The voucher number on the travel voucher entitles the holder to redeem and thus book the travel services specified on the voucher directly with the tour operator. Hereby, the conditions stated on the voucher apply.
The voucher can be used or redeemed by any person who holds the voucher number. Presenting the voucher in paper form is not required at any time, only the voucher number must be provided.
With the booking confirmation, Animod merely confirms the proper forwarding of the booking with the travel services specified on the booking confirmation. The booking is not considered confirmed until the travel operator/organizer has provided additional travel confirmation.
When purchasing a value voucher, multi voucher, hotel voucher, co-payment voucher or travel voucher, you have the opportunity to double-check all details (e.g. name, address, payment method and ordered items) and change them if necessary before submitting your order. When you click the "Buy now" button after entering all relevant data and accepting these GTC and the data protection conditions, you submit a binding offer to Animod. After submitting the order and therefore the offer, you will receive an order confirmation. With this order confirmation, the contract is concluded. Alternatively, the contract can also be concluded by e-mail or on the phone. Animod Animod therefore exclusively acts as an intermediary for the vouchers. In the case of hotel vouchers, co-payment vouchers and travel vouchers, the provision of services is the responsibility of the respective hotel or operator.
In addition to purchasing vouchers, the customer can book travel services directly on Animod's website. In this case, Animod acts only as an intermediary between the Customer and the respective tour operator specified in the offer description.
By submitting the completed booking form, the customer makes Animod an offer to conclude an agency agreement. Animod accepts the offer by confirming the booking. The confirmation shall be made by telephone, in writing or by e-mail. Upon the customer's receipt of the booking confirmation, the agency agreement shall be deemed to have been concluded. Also debiting of the Customer's credit card or (in the case of direct debit) of his bank account as well as the receipt of an invoice from Animod or the operator shall be deemed to be a declaration of acceptance. The mere confirmation of receipt of a booking by Animod does not constitute a declaration of acceptance. With the booking confirmation, Animod merely confirms that the booking has been properly forwarded to the respective tour operator. This booking confirmation does not mean that a contract for the booked travel service has been concluded with the tour operator.
The conclusion of the contract between the customer and the operator for the booked travel service is determined by the general terms and conditions of the operator. The customer can view these on the respective website of the operator. If the booked travel service is a package tour, the travel contract is usually only concluded upon receipt of a written travel confirmation from the operator. In the event of cancellation or postponement of travel due to the operator, claims can only be made against the operator. In case of a reversal that was agreed on between you and the tour operator, Animod is not obligated to reimburse the costs for shipping and packaging. The execution and settlement of the travel contract is governed by the general terms and conditions of the operator.
a) Purchased value vouchers are to be redeemed on the designated platform specified in the respective item description and in the respective voucher.
b) Vouchers that do not refer to a specific redemption period are valid for three years from the date of purchase and can be redeemed on the platform specified on the voucher within this period. Vouchers that refer to a specific redemption period shall lose their validity upon expiry of this redemption period.
c) Cash payment of vouchers or voucher credit is not possible. Each voucher can only be redeemed once by the customer, provided that the corresponding value has been used in full. If a residual value remains, the voucher can be redeemed again with its residual value.
a) Purchased multi vouchers are to be redeemed on the designated platform specified in the respective item description and in the respective voucher.
b) Vouchers that do not refer to a specific redemption period are valid for three years from the date of purchase and can be redeemed on the platform specified on the voucher within this period. Vouchers that refer to a specific redemption period shall lose their validity upon expiry of this redemption period.
c) Cash payment of vouchers or voucher credit is not possible. Each voucher can only be redeemed once by the customer.
a) Purchased hotel vouchers are to be redeemed with the hotel specified in the respective item description and the respective voucher. For the conclusion of contract with the specified hotel operator, the general terms and conditions of the hotel operator shall apply, unless otherwise specified in the voucher. If not yet redeemed, hotel vouchers can also be used for other hotels within the validity period.
b) Vouchers that do not refer to a specific redemption period are valid for three years from the date of purchase and can be redeemed with the hotel operator specified on the voucher within this period, provided that the designated service is available, i.e. a corresponding room contingent is available for the desired period. Vouchers that refer to a specific redemption period shall lose their validity upon expiry of this redemption period.
c) Cash payment of vouchers or voucher credit is not possible. Each voucher can only be redeemed once by the customer.
d) If the customer wishes to exchange the services stated on the voucher for another service from the same hotel operator, they must discuss this with the respective hotel operator directly. However, the customer is not entitled to this exchange.
a) Purchased co-payment vouchers are to be redeemed on the designated platform specified in the respective item description and in the respective voucher. When redeeming the voucher or booking the hotel, a mandatory co-payment must be made. For the conclusion of contract with the specified hotel operator, the general terms and conditions of the hotel operator shall apply, unless otherwise specified in the voucher.
b) Vouchers that do not refer to a specific redemption period are valid for three years from the date of purchase and can be redeemed on the platform specified on the voucher within this period, provided that the designated service of the operator is available, i.e. a corresponding room contingent is available for the desired period. Vouchers that refer to a specific redemption period shall lose their validity upon expiry of this redemption period.
c) Cash payment of vouchers or voucher credit is not possible. Each voucher can only be redeemed once by the customer.
a) Purchased travel vouchers are to be redeemed with the operator specified in the respective item description and the respective voucher. For the conclusion of contract with the specified operator, the general terms and conditions of the operator shall apply, unless otherwise specified in the voucher.
b) If the booked travel service is a scheduled flight, the respective transport and tariff regulations of the airline ("air carrier") issuing the ticket, which can be viewed at their offices upon request, shall also apply, as well as the internationally valid provisions of the Convention for the Unification of Certain Rules for International Carriage by Air (Warsaw Convention).
c) Vouchers that do not refer to a specific redemption period are valid for three years from the date of purchase and can be redeemed with the operator specified on the voucher within this period. Vouchers that refer to a specific redemption period shall lose their validity upon expiry of this redemption period.
d) Cash payment of vouchers or voucher credit is not possible. Each voucher can only be redeemed once by the customer. The customer has no claim against Animod to exchange the purchased voucher for another voucher.
e) If the customer wishes to exchange the services stated on the voucher for another service from the same travel operator, they must discuss this with the respective operator directly. However, the customer is not entitled to this exchange.
5.1 We store the contractual provisions of the contract with you (i.e. the order data in combination with these General Terms and Conditions). The current version of the general terms and conditions can be accessed on the website at any time even after the conclusion of the contract. The order data and the delivery bill are included in the order confirmation, which we will send to you by e-mail.
5.2 An order on the website can only be placed in German.
6.1 Unless stated otherwise in Animod's offer, the prices quoted are final prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
6.2 If a fee is charged for the brokerage service, this is already included in the price of the brokered travel service or the voucher sold. No separate fees will be charged.
6.3 In case of delivery to countries outside of Germany, further costs may arise in individual cases, which are to be covered by the customer. The seller is not responsible for covering the costs. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
6.4 The customer can choose between various payment options available on the website.
6.5 If payment in advance was agreed upon, the payment is due immediately after the order.
The customer is obligated to immediately check the booking confirmation and tickets, other travel documents or vouchers sent to them for accuracy, in particular to ensure that the travel or voucher data shown match the purchase or booking made. If the customer discovers discrepancies or other inaccuracies, they must immediately notify the sender of the documents (the operator or Animod) thereof.
In the case of direct bookings, the dispatch or delivery of travel documents and airline tickets shall be governed by the general terms and conditions of the operator.
When being shipped, the risk of loss of tickets or other travel documents shall be passed to the customer as soon as Animod has handed over the documents to the commissioned transport company. If the tickets or other travel documents are sent directly by the operator, the operator's general terms and conditions shall apply.
Based on the customer's choice, vouchers are shipped or delivered either by sending a PDF document by e-mail to the e-mail address provided by the customer or in printed form by mail to the delivery address in Germany provided by the customer.
If the transport company sends the shipped voucher back to the seller because delivery was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises their statutory right of withdrawal in due form and time, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had given him reasonable prior notice of the service. In principle, the risk of accidental loss and accidental deterioration of the goods sold shall be passed to the customer or a person authorized to receive the goods upon delivery. If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration shall be passed upon them when a sale by dispatch is being handed over to a suitable transport person at the seller's place of business.
Consumers have a right of revocation according to the following provisions. Hereby, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their commercial or their independent professional activity:
You have the right to revoke this contract within 30 days without providing a reason. The revocation period is 30 days from the day on which you or a third party named by you (except the carrier), have taken possession of the final goods. To exercise your right of withdrawal, you must inform us (Animod GmbH, Bayenthalgürtel 4, 50968 Cologne, Tel.: 0221 93374100, Fax: 0221 93374374, Email: info@animod.de) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. For this purpose, you can use our withdrawal form, which, however, is not mandatory. In order to comply with the withdrawal period, sending a notification that you exercise the right of withdrawal before the expiry of the withdrawal period is sufficient.
If you revoke this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from choosing a type of delivery other than the most favorable standard delivery we offer), without delay and no later than within fourteen days from the day on which we received the notification of revocation. To repay you, we will use the same means of payment that you used for the original transaction, unless explicitly agreed with you otherwise; in no case will you be charged any fees because of this repayment. Repayment can be withheld until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and no later than within fourteen days from the day you issued the revocation of this contract. To meet this deadline, you need to send the goods before the period of fourteen days expires. You shall cover the costs of returning the goods. You only have to compensate us for the loss of goods or a decrease in value, if the decrease in value can be ascribed to you handling the goods in a way that is not necessary for inspecting condition, properties and mode of operation of those goods.
The right of revocation shall not apply to contracts for the delivery of vouchers whose object derives from providing accommodation services for residential purposes, if the contract applies to a specific date or period or if the voucher has already been used / redeemed to reserve a day of arrival at the hotel.
9.1 Information provided by Animod regarding entry requirements for the respective country of travel, in particular regarding passport and visa requirements, assumes that the customer is a German citizen. This does not apply if the client has expressly pointed out his foreign citizenship or if it is obvious to Animod.
9.2 The customer is obligated to obtain all documents required for entering the destination country and, if applicable, also for transit through third countries. Additionally, they have to ensure compliance with the respective customs and foreign exchange regulations as well as health care formalities. This has to happen in a timely manner prior to booking and commencing the trip abroad. If applicable, the customer needs to consider health care recommendations.
9.3 The official hotel classification is awarded on a scale of 1 to 5 stars according to national guidelines. It provides an official assessment of hotel standards. The classification is given on a voluntary basis and must be renewed by the responsible association in the respective country every 3 years at the hotel's expense. Animod stars are used to assess the standard of a hotel that is not officially classified. The hotel classification carried out by Animod is based on the hotel's self-assessment and customer reviews in comparison with official guidelines.
10.1 Animod shall be liable for damages to the customer that are caused intentionally or by gross negligence, that are based on a culpable breach of contractual obligations, that are resulting from injury to health, body or life, or for which liability is provided under the Product Liability Act, in accordance with the statutory provisions. Animod shall be liable for material and legal defects in connection with the sale of vouchers in accordance with the statutory provisions. In all other respects, liability - on whatever legal grounds - is excluded.
10.2 The customer must immediately notify the respective operator of any claims arising from performance deficiencies in the contract between the customer and the operator. If necessary, Animod will provide the customer with the necessary information to take legal action, such as the name and address of the respective operator. There shall be no further obligation on the part of the seller, in particular to receive and/or forward corresponding declarations or documents, or to advise the customer regarding any claims against the organizer.
The customer is not entitled to set-off unless the counterclaims have been legally established or are not disputed by Animod.
Animod collects specific personal data of the customer and, if applicable, other travelers. This data is required for executing the brokerage contract and for initiating and implementing the contract for the travel service booked by the customer. It is processed and used exclusively for these purposes. The data collected will only be passed on to the respective operator of the booked travel service.
The European Commission provides a platform for online dispute resolution (OS), which you can find under http://ec.europa.eu/odr. We prefer to resolve your concerns in a direct exchange with you and therefore do not participate in consumer arbitration proceedings - including because we are not obliged to do so. Please contact us directly if you have any questions or problems.
14.1 The contract between Animod and the customer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Regarding the customer, this choice of law shall only apply to an extent that it does not restrict any mandatory legal provisions of the country in which the Customer is domiciled or resides habitually. For contracts between the customer and the operator, the General Terms and Conditions of the operator shall apply.
14.2 If the customer is a merchant, a legal entity under public law or public separate estate, the exclusive place of jurisdiction for all disputes in connection with this brokerage contract shall be Cologne.
Revision date: 18.09.2020