Terms and Conditions
ANIMOD GmbH, Berrenrather Str. 154-156, D-50937 Cologne
1. Validity
1.1 ANIMOD GmbH performs on the basis of their terms and conditions as long as the parties have not agreed otherwise explicit and in writing.
1.2 With the participation in online special offers and auctions by ANIMOD GmbH, the utilization of the website of ANIMOD GmbH and/or the acceptance of the performances offered and/or kept readily available by ANIMOD GmbH these terms and conditions will be accepted by the customer. These terms and conditions are valid in all contracts between consumers and entrepreneurs that are being closed over platforms operated by ANIMOD GmbH.
2. Status as broker
2.1 ANIMOD GmbH exclusively acts as broker of the services offered and/or the online special offers/auctions for the particular service provider realized by ANIMOD GmbH.
2.2 The only contractual duties of ANIMOD GmbH existing are those to broker the services offered unless herein after provided otherwise. The services by the entrepreneur are not included in the duties of ANIMOD GmbH. Because of the status as broker of ANIMOD GmbH only the offering entrepreneur has the obligation to render services defined in the brokered contract.
2.3 ANIMOD GmbH operates as broker for the consumer as well as for the entrepreneur. ANIMOD GmbH will receive the commission solely from the entrepreneur who is the offer or of services.
3. Conclusion of a Contract
3.1 With the use of the ANIMOD GmbH website or participation in an online special offer/online auction an agency agreement brokering tourism services between ANIMOD GmbH and the customer is being closed disregarding the closing of a contract as a result to brokerage.
3.2 For the brokered contract the terms and conditions of the provider are valid as long as the parties have not agreed otherwise, especially provider’s performance criteria, explicit and in writing.
3.3 Through the closing of the special offer/auction process and the sending of the offer the customer authorizes ANIMOD GmbH to forward this to the provider for acceptance and conduct and for handling of the contract.
4. Confirmation
4.1 The consumer’s offer regarding a special offer/auction is accepted when the customer has received a confirming information mail. This is not the case if the customer decides to purchase a greater amount of goods that their purchase by auction covers. In this case the contract is closed when ANIMOD GmbH has confirmed and acknowledged the contract on the basis of the greater amount of goods explicit and in written.
4.2 The confirming information mail that the customer receives is part of the contract. In case the information mail does not present the offer the way it was formulated also slight differences have to been given notice of to ANIMOD GmbH.
As far as the information mail confirms a performance that differs from the order of the customer in an essential element a contract is only being closed at the point that ANIMOD GmbH accepts the offer of accepting the order.
5. Bookings
5.1 A claim for a definite booking date does not exist unless a different statement has been made during the special offer/auction. If a definite booking date (i.e. Christmas Eve, Christmas Day, New Year’s Eve or an equivalent) has been booked a right for cancellation does not exist irrespective of rights of revocation and rescission.
5.2 Party to the contract is exclusively the booked provider.
5.3 Vouchers that have been created for the provider by ANIMOD GmbH are valid for three years after receipt. The provider is bound towards ANIMOD GmbH in favor of the customer to perform services defined in the voucher to the holder of the voucher.
5.4 Vouchers that have been purchased in an online special offer for defined booking dates expire with the event of the booking date.
5.5 Expired vouchers will not be refunded.
5.6 The conversion of a voucher into another one of the same provider must be cleared with the provider. A claim for conversion does not exist.
5.7 For the time of the special offer/auction ANIMOD GmbH is authorized by the provider to certificate vouchers and guarantees its sending to the customer.
5.8 ANIMOD GmbH is not liable for the correct performance of the services defined in the voucher.
5.9 ANIMOD GmbH is empowered to part performance or to broker part performance as long as this is reasonable for the customer.
5.10 After the contract has been closed ANIMOD GmbH is responsible for the following areas:
• Handling of the brokered deal;
• Accepting declarations of revocation and rescission;
• Accepting change requests;
• Contract transfer to a third party;
• Terminations of the contract;
6. Special Offer Price/Auction Price
6.1 The special offer price/auction price is the price a voucher has been brokered for in favor of and against the provider.
6.2 The special offer price/auction price includes value added tax.
6.3 ANIMOD GmbH is authorized to charge a 15 Euro attention allowance for additional services the customer orders.
7. Payment Transactions
7.1 ANIMOD GmbH is responsible for the payment transactions in favor of and against the provider.
7.2 All payments made by the customer have to go to the account of ANIMOD GmbH.
7.3 ANIMOD GmbH is authorized to charge a 20 Euro attention allowance for back payments as long as the reasons for the back payment are not circumstances that the provider or ANIMOD GmbH are responsible for.
7.4 The customer does have the possibility to prove smaller damage in case ANIMOD GmbH claims the attention allowance of 7.3.
7.5 The payment can also be made by collection authorization or credit card. In case a credit card has been chosen as instrument of payment the customer authorizes ANIMOD GmbH hereby to collect on the provider’s behalf by credit card.
8. Description of Performance
Solely the provider is responsible for the description of the services offered.
9. Links
ANIMOD GmbH cannot be held responsible for the content of links on their website. ANIMOD GmbH is not committed to check the content of the links for correctness, completeness, clarity, compatibility with the law.
10. Liability
10.1 The liability of ANIMOD GmbH is generally limited to the double special offer/auction price as long as compulsory law does not assign anything else and ANIMOD GmbH does not act intently and/or negligent.
10.2 ANIMOD GmbH can be held liable for false self-reported information as long as those are based on intent and/or negligence.
10.3 Claims based on incorrect service provision have to be handled exclusively between customer and provider.
11. Fixed Price – Buy it now Price
11.1 In case goods are being offered on a fixed price basis the contract is being closed between the customer and the provider as soon as ANIMOD GmbH affirms the acceptance of the offer explicit and in writing.
11.2 Purchasing on a “Buy it now” basis is treated correspondingly.
12. Special Offer Costs/Auction Costs
12.1 ANIMOD GmbH will pay all auction costs such as EBay charges and commissions as well as mailing expenses for vouchers.
12.2 The customer has to pay additional mailing expenses and shipping costs. Mailing and shipping costs are being calculated on the basis of the price of the goods and the hired parcel service whose recent prices may be requested in advance.
13. Advance Payment
13.1 The service provision and the mailing of the vouchers will only take place after advance payment.
13.2 ANIMOD GmbH is authorized by the provider to withdraw from their contract if the customer’s payment has not arrived at the account of ANIMOD GmbH at the time limit set.
14. Legally Relevant Declarations
ANIMOD GmbH will give statements in favor of and against the provider to the consumer and accept statements from the consumer addressed towards the provider.
15. Passing of the Risk
The risk of accidental worsening and accidental destruction of subject matter of the contract will be passed to the consumer with the receipt of the performance or the voucher.
16. Fault of Address
The customer is responsible for correct and complete address information to where the voucher is being mailed. ANIMOD GmbH will fulfil their obligation through sending to the declared address. Additional costs that arise due to false information concerning customer’s address have to be borne by the customer.
17. Data Protection
17.1 With the closing of the contract or the ordering personal information will be saved. The customer will hereby give his approval. The processing and saving of the data will be carried out with regard to the codes of BDSG (Bundesdatenschutzgesetz) and TDDSG (Teledienstedatenschutzgesetz).
17.2 Opposite to the special offer/auction description and the text containing the offer data will not be transferred to third parties other than the enterprises taking part in the winding up of the agreement.
17.3 Client data will be erased as soon as it is not relevant anymore for the winding up of the agreement or the client has not agreed to further use of data for information purposes by ANIMOD GmbH.
17.4 The customer has the right to receive information concerning their personal data free of charge. The customer also has the right to revoke his approval to save data at any time effective for the future.
18. Offers to broker
18.1 All offers to broker are non-binding until explicitly assigned.
18.2 In case it will be emerged that it cannot be performed after the contract has been closed due to reasons that neither ANIMOD GmbH nor the provider are responsible for the customer will be informed immediately by ANIMOD GmbH. In this case ANIMOD GmbH will try to provide the customer an offer for equal or better services doing justice to the interests of the customer. An acceptance will not be necessary.
19. Handling of Performance
19.1 The customer receives an information mail about the winding up of the agreement and a voucher for the performance purchased.
19.2 The customer is obligated to allude to the hotel voucher when making reservations via phone.
20. Force Majeure
In case ANIMOD GmbH or the provider cannot perform due to force majeure ANIMOD GmbH and the provider are dispensed from their obligation to perform for the duration of force majeure. In case ANIMOD GmbH or the provider cannot perform due to force majeure for a period longer than a month ANIMOD GmbH, the provider and the customer have the right to withdraw from the contract. Further claims do not exist.
21. Validity of the Terms and Conditions of the Provider of Performance
The terms and conditions of the provider of performance are valid concerning the brokered performance as long as the customer and the provider did not agree on other terms explicitly and in written.
22. Prohibition of Offset /Prohibition of Retention
22.1 The customer is not entitled to set off claims towards the provider or ANIMOD GmbH unless the claims are non-appealable or not disputed by ANIMOD GmbH or the provider.
22.2 A right for retention of the customer towards ANIMOD GmbH or the provider only exists if it is based on the same contractual relationship.
23. Jurisdiction, Applicable Law
23.1 Jurisdiction for all disputes between the customer and ANIMOD GmbH is Cologne (Köln), Federal Republic of Germany if the customer does not have a general jurisdiction in the Federal Republic of Germany or removes their place of residence or domicile away from the Federal Republic of Germany or their place of residence or domicile is unknown by the time of the commencement of an action.
23.2 In case the customer is a merchant, a legal entity under public law or special assets under public law and the closing of the contract is part of their trading business jurisdiction is Cologne (Köln), Federal Republic of Germany. Exclusive jurisdictions are not being touched hereby.
23.3 The law applicable for business relations between ANIMOD GmbH and the customer is the law of the Federal Republic of Germany for domestic parties. UN purchase law is not applicable.
23.4 For relations with the provider their terms and conditions are valid.
24. Other
24.1 The customer is not entitled to transfer claims against ANIMOD GmbH to a third party.
24.2 If individual provisions of the contract or these terms and conditions are or will be wholly or partially ineffective, this shall not otherwise affect the efficacy of the contract or the terms and conditions.
24.3 The parties to the agreement shall be obliged to replace such unenforceable provision with an alternative and legally enforceable provision that in its intention and scope comes as close as possible to the unenforceable provision.
Druckfassung der AGB - ANIMOD GmbH [PDF]
Widerrufsbelehrung / Rückgabebelehrung
Sie können Ihre Vertragserklärung innerhalb von 31 Tagen ohne Angaben von Gründen in Textform, z.B. Brief, Fax, E-Mail, oder, wenn Ihnen der Gutschein der ANIMOD GmbH vor Fristablauf überlassen wurde, durch Rücksendung des Gutscheines widerrufen. Die Frist beginnt nach Erhalt dieser Belehrung in Textform, jedoch nicht vor Eingang des Gutscheines der ANIMOD GmbH beim Kunden. Gleichsam auch nicht vor Erfüllung unserer Informationspflichten gem. Artikel 246 § 2 i.V.m. § 1 Abs. 1 und 2 EGBGB sowie unsere Pflichten der ANIMOD GmbH gem. § 312 e Abs. 1 Satz 1 BGB i.V.m. Art. 246 § 3 EGBGB. Zur Wahrung der Widerrufsfrist genügt die rechtzeitige Absendung des Widerrufs oder des oben angeführten Gutscheines, maßgeblich hier ist Eingang bei ANIMOD GmbH. Der Widerruf ist zu richten an ANIMOD GmbH, Berrenrather Strasse 154-156, D-50937 Köln, Fax: +49(0)221-93374374, E-Mail info@animod.de, eingetragen im Handelsregister des AG Köln unter HRB-Nummer 58603. Mit der wirksamen Ausübung des Widerrufsrechts sind Sie zur Unterfertigung und Übersendung (Fax oder E-Mail-Anhang) eines Stornoformulars zur Lieferung von immateriellen Waren verpflichtet. Dieses Formular erhalten Sie auf Nachfrage gerne per E-Mail.
Das Widerrufsrecht gilt nicht bei der Erbringung von Dienstleistungen in den Bereichen Unterbringung, Beförderung sowie Freizeitgestaltung, wenn sich der Unternehmer bei Vertragsschluss verpflichtet, die Dienstleistungen zu einem bestimmten Zeitpunkt oder innerhalb eines genau angegebenen Zeitraums zu erbringen (§ 312b Abs. 3 Nr. 6 BGB).
Im Falle eines wirksamen Widerrufs sind die beiderseits empfangenen Leistungen zurück zu gewähren und gegebenenfalls gezogenen Nutzungen heraus zu geben. Wurde Ihnen auf Wunsch der Gutschein von ANIMOD GmbH übersandt und können Sie diesen ganz oder teilweise nicht oder nur in verschlechtertem Zustand zurück gewähren, müssen Sie ANIMOD GmbH insoweit gegebenenfalls Wertersatz leisten. Verpflichtungen zur Erstattung von Zahlungen erfüllt ANIMOD GmbH innerhalb von 30 Tagen. Die Frist beginnt für Sie mit der Absendung Ihrer Widerrufserklärung oder der Sache für uns mit deren Empfang.