General Terms and Conditions

General Terms and Conditions

 

Animod GmbH
Bayenthalgürtel 4
50968 Köln

 

1. The Animod Website, definitions, scope of the General Terms and Conditions

1.1 The www.animod.com website is operated by Animod GmbH, Bayenthalgürtel 4, 50968 Köln (hereinafter referred to as “Animod”)

1.2 Animod sells hotel vouchers and travel vouchers and brokers travel services of tour operators exclusively on the basis of these General Terms and Conditions (hereinafter referred to as “GTC”).

1.3 Terms used in these GTC and on the Animod website have the following meaning:

1.4 These GTC apply to the purchase of Animod hotel vouchers and travel vouchers as well as to the Animod brokering activity when directly booking travel services via the Animod website.

1.5 In the context of brokering travel services the relevant statutory provisions as well as the respective tour operator’s terms and conditions possibly deviating thereof shall apply to the brokered main contract between you and the respective tour operator. The respective terms and conditions can be viewed at Animod’s website.

1.6 When booking travel services, Animod acts exclusively as a broker between you and the respective tour operator performing the travel services booked via Animod or performing the booked travel service according to the respective redeemed voucher.

1.7 For companies the following shall apply: Terms and conditions of the client that deviate from and/or go beyond the aforementioned GTC are hereby expressively contradicted.

2. Service description

2.1 Animod’s services: Animod offers hotel vouchers of different hotel operators as well as travel vouchers and travel services of different tour operators via its website and other sales channels. Animod’s services are limited to the sale of hotel and travel vouchers as well as the brokering of travel services. Animod carefully selects hotel operators and other operators.

2.2 Travel services: The voucher number on the travel vouchers entitles the holder to redeem and book travel services with the tour operator indicated on the voucher subject to the conditions displayed on the voucher. Anybody who possesses the voucher number can use or redeem the voucher. It is not necessary to present the paper voucher at any time. The indication of the voucher number is all what is needed.

3. Conclusion of a contract

3.1 Conclusion of a contract when buying travel and hotel vouchers

3.1.1 The product descriptions in Animod’s online shop do not constitute binding offers on the part of Animod, but merely serve the purpose of submitting a binding offer by the Client.

3.1.2 The Client may submit the offer by the online order form integrated into Animod’s online shop. In doing so, after having placed the selected articles in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding contractual offer regarding the articles contained in the virtual basket. Furthermore, the Client may submit his offer as well by phone, by fax or by letter.

3.1.3 Animod may accept the Client's offer within five days

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer. Should Animod not accept the Client’s offer within the aforementioned period, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

3.1.4 The contract’s content will be stored by Animod and will be sent to the Client in writing including these GTC (for example via e-mail, fax or letter) after the Client has submitted his order. However, the contract text may not be called up by the Client on Animod’s website following conclusion of the order process.

3.1.5 The Client can recognize possible entry errors by carefully reading the information displayed on the monitor prior to submitting his binding order via Animod’s online order form. Effective technical means to better recognize entry errors may imply the use of the browser zoom which helps magnify the screen image. The Client can correct all the data entered via the usual keyboard and mouse function. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well via the usual keyboard and mouse function.

3.2 Conclusion of a contract when directly booking travel services

In addition to the purchase of vouchers, the Client can directly book numerous travel services via Animod’s website. In this regard, Animod acts exclusively as a broker between the Client and the tour operator indicated in the respective offer description.

a) Ordering process

When sending the filled-in order form, the Client submits to Animod an offer to conclude a broker contract. Animod may accept the Client's offer within five days by sending a booking confirmation. The confirmation may take place by phone, by letter or by e-mail. Upon receipt of the booking confirmation by the Client, the booking contract shall be concluded. Confirmation shall also be deemed as accepted, if the Client’s credit card is debited or (in the case of direct debiting) if the Client’s account is debited or if the Client has received Animod’s or the tour operator’s invoice within the aforementioned period. The deadline for accepting the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer. Should Animod not accept the Client’s offer within the aforementioned period, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

When confirming the booking, Animod solely confirms the correct forwarding of the booking to the respective tour operator. The booking confirmation does not mean that a contract has been concluded regarding the booked travel services provided by the tour operator.

b) Conclusion of a contract between the Client and the tour operator

The conclusion of a contract between the Client and the tour operator is governed by the relevant statutory provisions, as well as the tour operator’s General Terms and Conditions possibly deviating thereof. Those provisions may be viewed at the tour operator’s respective website.

In case the booked travel service is a package tour, the travel contract will be concluded after receipt of the tour operator’s written travel confirmation.

Implementation and execution of the travel contract is governed by the relevant statutory provisions as well as the tour operator’s General Terms and Conditions.

3.3 Redeeming of travel vouchers

a) Travel vouchers must be redeemed with the tour operator specified in the respective article description and in the respective voucher. Regarding the implementation of the contract concluded with the tour operator indicated in the voucher, the relevant statutory as well as the respective tour operator’s General Terms and Conditions possibly deviating thereof shall apply.

b) In case the booked travel service is a scheduled flight, the respective transport and tariff regulations of the airline issuing the ticket (air carrier) apply which can be viewed in its offices. Additionally, see the internationally valid provisions of the agreement on the unification of transport rules in international aviation (Warsaw Agreement).

c) Vouchers not containing a specific redemption period are valid for a period of three years from the date of purchase and can be redeemed in a flexible way with the tour operator indicated in the voucher. Vouchers containing a specific redemption period become invalid with the expiry of the redemption period.

d) Cash disbursement of the voucher credit is not possible. A voucher can be redeemed by the Client only once. The Client has no right against Animod to exchange the acquired voucher for another voucher.

e) In case the Client wants to exchange his claim arising from the voucher for another service of the same tour operator, he should clarify this question directly with the tour operator. However, there shall be no legal claim in this regard.

3.4 Redeeming of hotel vouchers

a) Acquired hotel vouchers should be redeemed exclusively with the hotel operator specified in the respective article description and in the respective voucher. Regarding the implementation of the contract concluded with the tour operator indicated in the voucher, the relevant statutory as well as the respective tour operator’s General Terms and Conditions possibly deviating thereof shall apply.

b) Vouchers not containing a specific redemption period are valid for a period of three years from the date of purchase and can be redeemed with the tour operator indicated in the voucher. This shall apply, insofar as the service indicated in the voucher is available, i.e. a respective room contingent is available for the desired period.

c) Cash disbursement of the voucher credit is not possible. A voucher can be redeemed by the Client only once. The Client has no right against Animod to exchange the acquired voucher for another voucher.

d) In case the Client wants to exchange his claim arising from the voucher for another service of the same tour operator, he should clarify this question directly with the tour operator. However, there shall be no legal claim in this regard.

4. Language

Orders on the Animod.com website can be placed in English. However, services offered by Animod GmbH are directed towards customers living in the German Federal Republic.

5. Price and terms of payment

5.1 Unless otherwise stated in Animod’s product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

5.2 If a fee is charged for the brokering service, it is already included in the price charged for the brokered travel service or the sold voucher. There are no separate fees.

5.3 For delivery in countries outside the European Union costs may incur for which Animod is not responsible and which have to be borne by the Client. Those costs include for example transfer fees charged by banks (remittance fees, exchange fees) or import duties such as taxes and tariffs.

5.4 Payment can be made using one of the payment methods mentioned in Animod’s online shop.

5.5 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.

5.6 When choosing the SEPA direct debit payment method, the invoice amount is due after a SEPA direct debit mandate has been granted but not before the time limit for pre-notification has expired. Direct debit collection takes place after the ordered goods leave Animod’s warehouse but not before the time limit for pre-notification has expired. A pre-notification is any notice (for example invoice, policy, contract) Animod addresses to the Client announcing a debiting of the Client’s account via SEPA direct debiting. If debit entries are not cleared due to insufficient funds or due to a statement of wrong bank details or in case the Client objects to the debit although he is not entitled to do so, the Client must bear the costs incurred as a result of reversing a payment transaction by the respective bank, provided he is responsible for this.

6. Shipment and delivery of booking confirmation, travel documents and vouchers

6.1 Checking of travel documents

The client is asked to immediately verify the booking confirmation, tickets, other travel documents or vouchers conveyed to him as to their correctness. In particular, he is asked to verify whether the travel and voucher data displayed are in accordance with his purchase or his booking. If the Client identifies divergences or incorrectness, he is asked to immediately inform the sender of the documents (tour operator or Animod). The statutory rights of the Client remain unaffected.

6.2 Dispatch of travel documents

Travel documents are delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.

If the shipment is carried out directly by Animod, the following shall apply regarding the passing of risk:

If the Client acts as an entrepreneur, the risk of accidental destruction and accidental deterioration of the travel documents shall be transferred to the Client upon delivery of those documents by Animod to the freight forwarder, the freight carrier or to the person or institution otherwise determined to carry out the dispatch. If the Client is a consumer, the risk of accidental destruction and accidental deterioration of the travel documents shall in principle be transferredupon delivery of the documents to the Client or to a person authorized by the Client. Deviating hereof, the risk of accidental destruction and accidental deterioration of the travel documents shall be transferred to the Client as soon as Animod has handed over those documents to the freight forwarder, the freight carrieror to the person or institution otherwise determined to carry out the dispatch, provided the freight forwarder, the freight carrier or the person or institution otherwise determined to carry out the dispatch was commissioned by the Client to execute his order and if Animod has not named this person or institution to the Client.

6.3 Dispatch of hotel and travel vouchers

Vouchers are delivered at Client’s option by dispatch as a PDF document per e-mail to the e-mail address indicated by the Client or in printed form by dispatch to the address indicated by the Client. Services offered by Animod GmbH are directed towards customers living in the German Federal Republic.

Should the assigned transport company return the vouchers to Animod, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client hereby exercises his right of cancellation, or if he has been temporarily impeded to receive the offered service, unless Animod has notified the Client for a reasonable time in advance about the service.

If the Client acts as an entrepreneur, the risk of accidental destruction and accidental deterioration of the sold vouchers shall be transferred to the Client upon delivery of those vouchers by Animod to the freight forwarder, the freight carrier or to the person or institution otherwise determined to carry out the dispatch. If the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold vouchers shall in principle be transferred upon delivery of those vouchers to the Client or to a person authorized by the Client. Deviating hereof, the risk of accidental destruction and accidental deterioration of the sold vouchers shall be transferred to the Client as soon as Animod has handed over those vouchers to the freight forwarder, the freight carrier or to the person or institution otherwise determined to carry out the dispatch, provided the freight forwarder, the freight carrier or the person or institution otherwise determined to carry out the dispatch was commissioned by the Client to execute his order and if Animod has not named this person or institution to the Client.

7. Cancellation and rebooking

The respectively relevant statutory provisions as well as the respective tour operator’s or hotel operator’s terms and conditions deviating thereof shall apply to cancellation or rebooking of brokered travel services or services agreed with the tour operator or hotel operator after the voucher has been redeemed.

8. Entry requirements and other information

8.1 Animod’s information on entry requirements valid for the destination country, in particular on the passport and visa requirements presumes that the Client is a German citizen. This does not apply, if the client has explicitly referred to his foreign citizenship or if this fact is obvious to Animod.

8.2 The Client is obliged to procure all the documents necessary for the entry into the destination country and, where applicable, the documents necessary for the transit via a third country in good time before booking and departure. He has to respect the respective duty and exchange requirements as well as sanitary rules and, if applicable, health care recommendations.

9. Liability

9.1 Animod shall be liable for defects and legal deficiencies relating to the sale of vouchers according to statutory provisions, unless otherwise stipulated in the following section.

9.2 Animod shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:

9.2.1 Animod shall face unlimited liability in case of intent or gross negligence; in case of injuries of life, body or health resulting from intent or negligence; in case of a promise of guarantee, unless otherwise provided; in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.

9.2.2 If Animod negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the above section. Essential contractual obligations are obligations the contract imposes on Animod according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.

9.2.3 For the rest Animod’s liability is excluded.

9.2.4 The aforementioned provisions on liability apply also to the Animod’s liability regarding his legal representatives and vicarious agents.

9.3 The Client must assert claims for defaults regarding the contract between the Client and the tour operator directly against the respective tour operator. Animod will provide, if needed, the information required for prosecution such as name and address of the respective tour operator. There are no further obligations of Animod, in particular to receive and/or transmit corresponding declarations or documents or obligations to advise the Client regarding possible claims against the tour operator.

10. Information on online dispute resolution

The EU commission provides a platform regarding online dispute resolution under the following link: http://ec.europa.eu/consumesrs/odr. This platform serves as a contact point for extrajudicial dispute resolution arising from online purchase or service contracts involving consumers.

11. Final provisions

11.1 Any contractual relationship between the parties is governed by the law of the Federal Republic of Germany excluding the UN-Convention on Contract for the International Sale of Goods. For a consumer, this choice of law shall not have the result of depriving him of the protection afforded to him by provisions that cannot be derogated by virtue of the law of the state where he has his usual place of residence.

11.2 If the Client acts as an entrepreneur, legal person, legal entity of public law or a special fund under public law within the territory of the Federal Republic of Germany, the courts of the State where Animod is domiciled will have exclusive jurisdiction over any dispute relating to this relationship subject to the condition that the contract or claims arising from this contract can be attributed tothe Client’s professional or commercial activity. However, in the above case, Animod is entitled to bring proceedings in the Client’s court of domicile.

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