I. Introduction
- The present Terms and Conditions (hereinafter: "Terms and Conditions") define the terms of use of the Animalhotels Website and the Application (hereinafter: "Website and/or the Application") available at: https://animalhotels.com operated by the owner of the website - animalhotels sp. z o.o. (limited liability company) with its registered office in Łódź, H. Sienkiewicza 72, 90-318 Łódź, entered into the Register of Entrepreneurs kept by the District Court for Łódź-Śródmieście in Łódź, XX Commercial Division of the National Court Register under KRS number 0000934860, REGON (National Business Registry Number) 520527265, NIP (Tax Identification Number) 7252314345, share capital PLN 120,600.00.
- The Service Provider can be contacted via e-mail at: info@animalhotels.co.uk
II. Definitions
Algorithm – the sorting and recommendation mechanism used in the Website and/or the Application, based on the automatic allocation of points to Caretakers in accordance with specified criteria.
Cancellation of Booking – the termination of an ordered Animal Service.
Animalhotels – animalhotels sp. z o.o. (limited liability company) with its registered office in Łódź, H. Sienkiewicza 72, 90-318 Łódź, entered into the Register of Entrepreneurs kept by the District Court for Łódź - Śródmieście in Łódź, XX Commercial Division of the National Court Register under KRS number 0000934860, REGON 520527265, NIP 7252314345.
Application – the Animalhotels mobile application for Android and IOS systems that allows Users to use the Services provided by Animalhotels.
Payment Service Provider – an entity providing payment services to Users on the Website and/or the Application: Stripe, Inc. based in Ireland and the United States.
Account – a User Account on the Website and/or the Application, in which, in particular, the User's data and reviews are stored.
Level – a specific stage achieved in the Ranking by a Caretaker after obtaining a certain number of Points.
Newsletter – a free electronic service by which Animalhotels informs its Users about new Website and/or the Application features and Services by sending selected edited content via e-mail.
Offer – an advertisement constituting an offer of one or more Animal Services, published on the Website and/or the Application by a Caretaker.
Caretaker – a natural person or a business entity carrying on business activity, providing Animal Services to the Owner via the Website and/or the Application.
Profile – a public part of the User Account that contains information about a given User, their experience, qualifications or facilities; publicly accessible for non-logged-in Users and viewers.
Point – a unit denoting a grade in the Ranking, awarded for Caretaker’s specific actions.
Ranking – an IT solution that uses game mechanisms; it consists in the accumulation of Points and achievement of successive Levels by Caretakers.
Terms and Conditions – the present document, with all its appendices, which specifies the terms of use of the Website and the Application. The current version of the Terms and Conditions is available on the Website and the Application at any time.
Registration – the process required to make full use of Animalhotels’ services.
Booking – the process of ordering, purchasing and paying for Animal Services (in particular, care provided by a Caretaker at their place of residence or at a location indicated by the Owner).
Website – website with enhanced functionality available at https://animalhotels.com/, operated by Animalhotels, allowing the User to use the Services.
Animal Service Agreement – a paid agreement concluded between the Caretaker and the Owner, the subject of which is the provision of Animal Services.
Service – services provided electronically by Animalhotels and offered within the Website and/or the Application; these services include, in particular, enabling the search for, ordering, payment for or booking of Animal Services provided by Caretakers.
Animal Services – paid services related to the care of the animal(s) provided by the Caretaker to the Owner.
User – a natural person, legal person or organisational unit with no legal personality, to whom the Act grants legal capacity, using the Website and/or the Application.
Owner – a person using the Website and/or the Application, an owner of an animal(s) interested in Animal Services.
Enquiry – a process initiated by the Owner to search for Animal Services, consisting of submitting via the Website and/or the Application information concerning the location, dates, type of pet, amenities and details about the animal, to send a Booking proposal to one or more Caretakers.
III. General provisions
The terms of use of the Website and/or the Application are specified in the Terms and Conditions. Each Website User is obliged to read the Terms and Conditions.
IV. Scope of services
- Animalhotels grants access to the Website and/or the Application to Users to enable contact between the Owner and the Caretaker for the purpose of concluding Animal Service Agreements.
- For Users accessing the Website and/or the Application from the territory of other countries, the applicability of locally binding consumer protection laws is not excluded.
- Depending on the User’s country of residence, the provision of Services may be subject to local regulations to the extent that such regulations are of mandatory application.
- Animalhotels is not a party to any agreements between the Owner and the Caretaker and is therefore not liable to Users for Animal Services.
- Animalhotels provides Users, among others, with the following services:
- enabling the use of an Account (publishing Offers, editing the Account),
- providing access to a Caretaker search engine,
- enabling the creation of an Enquiry to find a suitable Caretaker to perform Animal Services,
- enabling the booking of Animal Services,
- concluding Agreements for the Provision of Animal Services,
- enabling Owner Users to publish reviews about Caretakers and Animal Services,
- enabling payment for Animal Services to the Caretaker via a Payment Service Provider,
- enabling Caretakers to purchase educational training courses.
- Animalhotels is not responsible for the Owners' negligence regarding the Booking of Animal Services.
- The Caretaker may offer various types of Animal Services within the Website and/or the Application.
- Animalhotels does not employ Owners and/or Caretakers.
- Owners are responsible for assessing the Caretaker who has performed the Animal Service. The Owner should personally assess if a Caretaker meets the required criteria for performing Animal Services.
V. Technical requirements
- Use of the Website is subject to having a device with access to the Internet such as a PC, laptop or mobile device like tablet or smartphone, equipped with an updated operating system and one of the following updated browsers: Edge, Chrome, Firefox, Opera or Safari with enabled Javascript and internet connection of at least 256 kbit/s.
- Animalhotels allows its Users to download the Application from online shops: App Store for iOS or Google Play for Android. Downloading the Application from the abovementioned shops is free of charge. The device on which the Application is to be launched and installed must have its operating system updated to one of the latest versions.
- The Application is available to Users with mobile devices which meet the abovementioned technical requirements, on which the Users download the Application, install and launch it successfully.
- Animalhotels is not a data transmission service provider. The data transmission costs required to launch and use the Website and/or the Application are covered by Users under separate agreements concluded with telecommunications operators or other Internet access providers.
VI. Terms of use of the Website and/or the Application
- The User acknowledges that they have read and accept the Terms and Conditions and the Privacy Policy available at: Privacy Policy.
- The User undertakes to use the Website and/or the Application in a lawful manner and in accordance with its designated purpose.
- By registering, the Caretaker declares that they have never been convicted of animal abuse offences.
- The User undertakes:
- not to take actions that contradict and/or disturb the operation of the Website and/or the Application;
- not to publish contents that insult the honour, dignity and business reputation, promote violence, pornography, drugs, weapons or any kind of hostility for any reason, contain calls for illegal or unlawful acts or advertise the provision of intimate services;
- not to use the Website and/or the Application for any purposes that are illegal or not provided for in the Terms and Conditions;
- to immediately notify Animalhotels of any violation (or threatened violation) of their rights or the rights of third parties in connection with the use of the Website and/or the Application. All messages should be sent to Animalhotels via email: info@animalhotels.co.uk.
- The Caretaker undertakes:
- to respond promptly to the Owner's messages and stay in touch with the Owner;
- to perform Animal Services in person;
- to have all necessary licenses, tax registrations, permits and insurances, if required, in accordance with the laws of the Caretaker's country. Animalhotels is not responsible for verifying or confirming the existence of such licences.
- It is forbidden to:
- post content that is vulgar or contains profanities and content that is generally considered offensive;
- use the Services provided by Animalhotels to arrange the provision of Animal Services with another User and carry out transactions relating to such services outside the Website and/or the Application;
- provide malicious software;
- interfere in any way with the content and design of the Website and/or the Application;
- upload content that violates the rights of third parties including intellectual property rights;
- upload content that undermines the good name or reputation of Animalhotels;
- spam or advertise other websites;
- post false information in the Profile during registration and the use of the Website and/or the Application;
- arrange Animal Services for dangerous animals or animals that have a history of attacking people;
- publish reviews of Caretakers that are not based on Owners' personal experience, that are intentionally inaccurate or misleading or violate the present Terms and Conditions;
- post "spam" or other unauthorised commercial messages;
- transfer or make unauthorised use of the account on the Website and/or the Application by any other person or engage in fraudulent transactions;
- place animals, entrusted under the Animal Services, into the care of third parties, including other Caretakers or animal hotels, without the Owner’s consent and without informing Animalhotels.
- Animalhotels reserves the right to:
- monitor the Caretaker's activities and content posted on the platform, including Offers, to ensure compliance with the Terms and Conditions. If a Caretaker violates the Terms and Conditions, ethical principles or applicable law, Animalhotels reserves the right to take appropriate action, including blocking the Caretaker's Offer. The blocking may be temporary or permanent, depending on the nature of the violation. The Caretaker will be informed that their offer has been blocked and provided with an explanation for this decision;
- analyse User content that does not constitute personal data (e.g. reviews, photographic and video materials, descriptions, messages sent via the Website and/or the Application), including filtering, restricting access to, or removing such content, in order to ensure compliance with the Terms and Conditions and applicable law, the safety of Users, and the improvement of the Services provided. The analysis may be carried out in an automated manner or by authorised employees of Animalhotels.
VII. Registration
- To use the full potential of the Website and/or the Application, the User is required to have an active Profile. User Registration enables the creation of an Account. The User consents to receive a text message with a numerical code sent to the number entered during the Registration on the Website and/or the Application. The User may only be a natural person with full legal capacity, a legal person or an organisational unit without legal personality granted legal capacity by law. In the case of legal persons and organisational units without legal personality, only a person authorised to act in this respect on behalf of these entities may create an Account on their behalf and perform any activities within the Website and/or the Application. During the registration process and while using the Website and/or the Application, the User is obliged to provide true, correct and up-to-date data that they are authorised to use. The User is obliged to update their data if any changes occur. After correctly completing the registration form, the User receives a text message from the Service Provider with a code that confirms the entered data. Once the User has verified their data, the completion of the registration process will be confirmed, after which the User will be able to log into the Account. User registration is free of charge and can only take place via the Website and/or the Application. The User may have only one Account on the Website and/or the Application.
- The User shall not give the password and login details to their account on the Website and/or the Application to anyone, nor shall they log in using another User's data. The User understands and agrees that they are fully responsible for the actions on the Profile and are obliged to inform Animalhotels of any unauthorised access. Once the User confirms the registration procedure, an agreement is concluded between Animalhotels and the User for an indefinite period, unless the User has not fulfilled the requirements specified in the Terms and Conditions. In this case, the agreement is not concluded. In the event of deactivation of the provided mobile phone number, the User agrees to immediately update their Profile information to ensure that messages are not sent to the person who acquired the User's old number. The User accepts that Animalhotels has access to the data and information provided on the Website and/or the Application. Personal data is processed in accordance with the Privacy Policy.
- On the basis of accepting the Terms and Conditions and creating an account, the Caretaker concludes an electronic agreement with Animalhotels under which Animalhotels provides the Caretaker with an account used for concluding Agreements for the Provision of Animal Services via the Website and/or the Application. The provisions of sections 1 and 2 shall apply accordingly.
- While creating an account, the Caretaker is obliged to provide truthful information regarding their registered business activities.
- The Caretaker, regardless of the form of their business, is obliged to respect the Users' consumer rights.
VIII. Privacy Policy
In connection with the use of the Website and/or the Application, the Administrator collects personal data to the extent necessary to provide individual services as well as information about the User's activity on the Website and/or the Application. Detailed rules and purposes of the processing of personal data collected during the use of the Website and/or the Application are specified in the Privacy Policy available at https://animalhotels.com/gb/privacy-policy.
IX. Terms of using the map
- The use of the Website and/or the Application requires the use of OpenStreetMap features and content.
- Using the OpenStreetMap is subject to the current additional terms of service https://openstreetmap.org.pl/o-openstreetmap/wykorzystanie-mapy/warunki-licencyjne/ and the Copyright Policy https://www.openstreetmap.org/copyright/eng.
- By using the Website and/or the Application, the User acknowledges and accepts the Terms of Use of the OpenStreetMap insofar as they apply to Users.
- Any unauthorised use of the OpenStreetMap features and content may result in suspension or termination of the use of the Website and/or the Application.
X. Intellectual property rights
- The Website and/or the Application or their individual elements, texts, navigation solutions, selection and arrangement of the website content, graphic elements, compilations of materials and studies are protected by Polish and international law.
- The protection also applies to any materials that the Website and/or the Application provides to Users electronically, in particular via e-mail. Modifying, copying, distributing, transferring, displaying, transmitting, reprinting, sublicensing or creating collective works using the materials without Animalhotels’ consent is forbidden and results in legal action taken by Animalhotels.
- The use of the Website and/or the Application does not grant the User any licence or right to use any trademarks that appear on the Website and/or the Application.
- The use of Animalhotels’ company or trademarks in any documents or for any purpose, except for the cases referred to in the Terms and Conditions, may only take place upon Animalhotels’ written consent and prior written approval of the design of such documents or materials by Animalhotels .
- The User is fully liable for any damage caused to Animalhotels as a result of the use of the company name or trademarks.
- Other products, services or entity marks on the Website and/or the Application belong to the Providers and may be displayed on the Website and/or the Application for identification purposes only. The User should contact the relevant Providers regarding such trademarks and their registration status.
- By posting an Offer, the Caretaker authorises Animalhotels to publish and distribute the description of the Offer and the images contained therein on social media and via the Internet, including search engines through which Animalhotels is advertised. By including copyrighted content in the Offer, the Caretaker consents to its free distribution, unlimited in terms of time and territory, on Animalhotels as regards:
- recording and reproducing by any technique, including by means of writing and copying on any medium; entering into computer memory and into a computer and/or multimedia network;
- public display, reproduction and use in various formats with the right to incorporate them in whole or in part into other works and create studies, together with the right to grant sublicences ("Licence").
- The Licence is granted in particular for the purpose of promotional activities conducted by Animalhotels. The User is not entitled to any remuneration if their content (in particular: photos, likeness) is used by Animalhotels.
- The User declares that they hold full copyright on the content they publish on the Website or the Application. At the same time, the User declares that the content published does not infringe any third party rights.
XI. Caretaker search mechanism
- The Website and/or the Application, during the Enquiry process, uses a sorting mechanism based on an Algorithm that assigns points to Caretakers. The Algorithm promotes responsible Caretakers.
- The number of points assigned to a Caretaker depends in particular on:
- previous activity and history of responding to Enquiries,
- the quality level of Animal Services provided, including reliability in fulfilling Bookings,
- the degree of verification and completeness of the Caretaker’s profile,
- economic parameters related to Bookings,
- additional factors connected with the Caretaker’s development and credibility within the Website and/or the Application.
- The Algorithm is based on a mathematical formula aimed at proposing to the Owner those Caretakers who best meet the criteria indicated in the Enquiry, while also demonstrating the highest level of reliability and responsibility.
- The Website and/or the Application presents the Owner with a maximum of five Caretakers who meet the Enquiry criteria and who have achieved the highest score in the Algorithm and responded most quickly with a decision to accept or defer the care.
- The Algorithm is a supporting matching tool and does not guarantee the selection of any specific Caretaker by the Owner.
- The Algorithm is subject to ongoing optimisation and modifications aimed at improving the quality of matching and User safety.
- The Owner sees only a limited number of Caretakers selected by the Algorithm, even if more Caretakers meet the specified criteria. The remaining Caretakers are placed in a queue according to the Algorithm and response time. If a Caretaker is rejected by the Owner or withdraws during the Enquiry, the Owner is allowed to view the next Caretaker in the queue.
- The Caretaker may defer their decision during an ongoing Enquiry (excluding individual Enquiries) for a period of 1 to 6 hours. On the Owner’s list of enquiries, the Caretaker is marked with a special icon and remains visible; however, messaging is disabled during this time. If the deferral period expires without a decision, the Enquiry is automatically deemed rejected.
- Failure by the Caretaker to respond to the Enquiry within the specified time, lack of Stripe activity, cancellation of a Booking, or failure to complete required courses may result in a reduction of their score and limited visibility in future Enquiries.
XII. Bookings
- Owners and Caretakers engage in transactions with each other when both parties agree to a Booking, which sets out the fees, period and other terms and conditions for the provision of Services through the booking mechanism available on the Website and/or the Application ("Bookings").
- Each Owner must have an active Account on the Website and/or the Application to search for a Caretaker.
- A Booking may be initiated by the Owner by submitting an Enquiry after completing the details regarding the location, dates, type of pet and Amenities. It is also required to provide information about the animal, such as its name, breed/species and, where necessary, additional details (if not previously provided).
- A Booking may also be initiated by an Owner who directs an Enquiry to one selected Caretaker. To start the process, the Owner completes the details regarding the location, dates and type of pet, as well as the information about the animal (name, breed/species and any additional details, if not previously provided).
- After selecting the “Start” button, the Enquiry is sent to the indicated Caretaker. The Caretaker may accept or reject the Enquiry.
- The Caretaker has 24 hours to make a decision. If the Owner changes an Enquiry directed to one Caretaker into an Enquiry to all Caretakers, the rules set out in § XI of the Terms and Conditions are applicable.
- The Owner receives a notification of the Caretaker’s decision. If the Enquiry is accepted, both parties may communicate via the Website and/or the Application.
- The Owner may also initiate an Enquiry to all Caretakers who meet the specified criteria. For this purpose, the Owner selects the desired Amenities and clicks “Start” to initiate the sending of the Enquiry to multiple Caretakers simultaneously.
- After reviewing the offers, the Owner selects the Caretaker who best meets their requirements and makes payment for the Animal Services via the available online payment methods.
- The Booking is created when the Owner makes payment by clicking the “Book and Pay” button. At that moment, an Agreement for the Provision of Animal Services is concluded between the Owner and the Caretaker.
- Animal Services may be provided both by natural persons and by entities conducting business activities. In the case of the purchase of Animal Services provided by a natural person, the provisions of civil law are applicable. In the case of the purchase of Animal Services provided by a business entity, consumer law provisions are applicable.
- A Caretaker who undertakes to provide Animal Services at the Caretaker’s place of residence consents to the Owner being provided with the address where the service is performed, which is also the Caretaker’s residential address. An Owner purchasing Animal Services other than services performed at the Caretaker’s place of residence consents to the Caretaker being provided with the address where the service is performed, which is also the Owner’s residential address.
XIII. Payments
- The Website and/or the Application concludes an agreement with the Payment Service Provider for the processing of online payments and for storing Users' data regarding information on credit cards, debit cards or other payment methods offered on the Website and/or the Application.
- The User is visibly informed via the Website and/or the Application each time of the current price of selected Services.
- The use of payment services available on the Website and/or the Application involves establishing a separate legal relationship with the Payment Service Provider and accepting their rules available at: https://stripe.com/gb/privacy; https://stripe.com/gb/legal/ssa. The Website and/or the Application is not a party to such a relationship and cannot interfere with its content or implementation. In case of any issues with the payment, the User should contact the Payment Service Provider to clarify doubts or file a complaint. The Website and/or the Application does not assume any responsibility for the provision of the payment service by an external service provider.
- The Caretaker is required to have an Account with the Payment Service Provider. Registration of the Account with the Payment Service Provider is possible via the Website and/or the Application. The Account with the Payment Service Provider enables transactions between the Owner and the Caretaker. To confirm personal data, the Payment Service Provider:
- may require a scan of an identity card from Users registered before version 3.2.0 of the Website and/or the Application;
- will require a scan of an identity card from Users registered after version 3.2.0 of the Website and/or the Application.
- If the Caretaker's personal data requires confirmation, the Payment Service Provider may withhold payments to the Caretaker until their personal data is confirmed. The Payment Services Provider informs the Caretaker of the required personal data confirmation via email to the address that has been used to create an Account with the Payment Services Provider.
- The Payment Service Provider and/or the Application may process data such as: bank account number, first name, last name, company name, company identification number, date of birth, email address, phone number, registered and/or residential address, credit or debit card number and other data necessary for the efficient operation of the offered services.
- The Animal Service is a transaction between the Owner and the Caretaker.
- Payment for the Animal Services is made by a credit card, debit card, Przelewy24, BLIK, Apple Pay, Google Pay or Klarna.
- The amount due for the Animal Service is held in a restricted account operated by the Payment Service Provider. Once the transaction has been initiated, the Payment Service Provider collects the funds from the Owner and holds these funds in the restricted account for withdrawal.
- Payment for the Animal Service takes place immediately on the last day of the Animal Service at 12:00 UTC and is paid by the Payment Service Provider directly to the Caretaker's bank account without additional charges.
- The Website and/or the Application does not offer any payment services or participate in the payment process and is not responsible for the information provided by Users within the scope of the applicable law.
- Users are responsible for providing true details of credit cards, debit cards or other payment methods offered on the Website and/or the Application.
- The User may only use the services provided by the Payment Service Provider on their own behalf. Third-party use is prohibited.
XIV. Fees
- Owners may purchase an Animal Service by making a Booking as described in Section XI Bookings. The amount of the fee is determined individually by each Caretaker.
- The Owner, after accepting the Booking, concludes an agreement with the Caretaker and agrees to pay the total fees indicated in the Booking. The payment must be completed before the start of the Animal Service.
- The total amount paid by the Owner for the Booking corresponds to the price set by the Caretaker.
- The Caretaker declares that they are aware that the fee due to the Caretaker for the performance of the Animal Services is the agreed fee for the provision of the relevant Animal Services, reduced by the service fee deducted by Animalhotels. The Caretaker gives their unconditional consent to the deduction of the service fee by Animalhotels.
- Animalhotels charges the Caretaker a service fee amounting to 20% of the Booking value, as well as an additional fixed fee.
- When the Owner pays for the Animal Service, they are required to provide the Payment Service Provider with a valid current payment card or other payment information and keep that payment information (or other acceptable alternative payment method) saved in their Account, unless there are any outstanding confirmed bookings.
- The role of Animalhotels is to facilitate payments from Owners to Caretakers.
- Animalhotels is responsible for providing updated payment information.
- If the Payment Service Provider cannot charge the Owner on time because the payment information is no longer valid and/or the payment is not received on time, neither Animalhotels nor the Caretaker will be liable for any failure to perform the Animal Service.
XV. Complaints regarding the operation of the Website and/or the Application
- Any complaints regarding the malfunctions of the Website and/or the Application should be made to Animalhotels:
- via e-mail at: info@animalhotels.co.uk;
- by registered letter to the Animalhotels sp. z o.o. Sienkiewicza 72, 90-318 Łódź;
- Animalhotels reserves the right to request information or clarification from the complainant if it is necessary to process the complaint.
- The complaint should include the User's details (name, surname, address, e-mail address and phone number) as well as the grounds for the complaint.
- Complaints from Consumers will be considered as soon as possible but no later than within 14 days from the date of receipt. Other complaints will be considered within 30 calendar days.
- If the data provided in the complaint needs to be supplemented, Animalhotels will immediately ask the User to provide additional information within the specified time frame.
- The User will be notified of the outcome of the complaint via e-mail to the e-mail address or correspondence address specified in the complaint.
- The complaint is considered within 30 calendar days from the date of its receipt.
- A reply to the complaint is sent to the e-mail address specified in the complaint.
XVI. Complaints regarding Animal Services
- Complaints regarding failure to perform or improper performance of Animal Services should be addressed directly to the Caretakers.
- The Caretaker is responsible for handling the Owner's complaints about the Animal Services in accordance with generally applicable law.
XVII. Newsletter
- The Newsletter subscription service is provided free of charge by Animalhotels to Users who voluntarily and optionally give their consent to it.
- The Newsletter subscription is activated after the User has given their consent to direct contact in the privacy settings in the User Account.
- After confirming the Newsletter activation, a Newsletter service agreement is concluded between the User and Animalhotels for an indefinite period of time.
- The User may terminate the Newsletter service agreement at any time by deactivating the subscription. The Newsletter may be unsubscribed by sending a declaration of intent to info@animalhotels.co.uk, through the relevant link in the footer of each Newsletter message or by unchecking the consent to direct contact in the privacy settings in the User Account.
- Consent to receive commercial information sent by electronic means is voluntary and may be withdrawn by the User at any time.
- By ordering a subscription to the Newsletter, the User consents to the processing of their personal data in accordance with the provisions of the Privacy Policy.
XVIII. Cancellation
- A User who is a consumer or entrepreneur in the European Union concluding an Animal Service Agreement outside their business activity may, within 14 days from the date of concluding the agreement, withdraw from the agreement without providing the reason for withdrawal. Users from outside the European Union may have similar rights in accordance with locally applicable consumer protection laws.
- The declaration of withdrawal may be:
- made by cancelling the ordered Animal Services on the Website and/or the Application,
- sent to the Administrator's e-mail address or by post to the Caretaker's address. In order to withdraw from the agreement, the User may use the following template:
Recipient: ……………… (details and address of the Caretaker) I hereby declare that I withdraw from the agreement for the provision of services consisting in taking care of my animal, concluded on …………………………... The declaration concerns Username: ………………………….…………………….. User’s name and surname:………………………………………………………………………….. User’s address: ……………………………………………………………………………………………….. User’s signature (applies to paper version): ……………………………………………………………………
- A refund will be issued within 14 days of withdrawal from the agreement. In some countries, the refund period may be shorter – depending on local regulations.
- The Caretaker offering Animal Services through the Website and/or the Application has the right to set their own refund terms depending on the time of Booking Cancellation. These terms may vary depending on the Caretaker and are specified in the Offer description.
- The conclusion of an Agreement for the Provision of Animal Services within less than 14 days from starting the provision of Animal Services is tantamount to a request to perform the Animal Services before the expiry of the withdrawal period. In such a case, the Owner accepts that they have lost their right to withdraw from the agreement as soon as the Caretaker has fully performed the Service.
XIX. Reviews
- The Website and/or the Application provide an opportunity for Owners to leave a subjective review of Caretakers and their Animal Services.
- The Review may be posted after the Booking has been completed.
- The Review can only be published by a logged-in Owner who has made a Booking on the Website and/or the Application and paid for it using the Payment Service Provider.
- The Review automatically appears on the Caretaker's Profile after being posted by the Owner.
- The Review may not violate universally applicable laws, in particular it may not contain: profanity, untrue content, content which is defamatory or constitutes an act of unfair competition, advertising, data of Users or other natural persons, content which violates the rights of third parties, including intellectual property rights, good practices and personal rights, including the good name and reputation of other Users or third parties, content that is untrue, defamatory or constitutes an act of unfair competition.
- It is forbidden to publish reviews of Caretakers that are not based on Owners' personal experience, are intentionally inaccurate, misleading or violate these Terms and Conditions.
- Animalhotels is not obliged to provide Caretakers with the content of any reviews about them submitted by other Users of the Website and/or the Application, before or after closing their account on the Website and/or the Application.
- The Caretaker may add a response to the relevant Review. The rules applicable to reviews apply to the responses.
- A response to a Review may be submitted after the Owner has submitted a Review.
- A response to a Review may be submitted by a logged-in Caretaker.
- Animalhotels is not liable for any removal, disclosure, loss or modification of the reviews.
- Animalhotels reserves the right to view and remove reviews, which, in the opinion of Animalhotels, are inconsistent with the Terms and Conditions or the law, from the Website and/or the Application at any time. The removal of reviews is irreversible.
XX. Ranking
- The Website and/or the Application uses a game mechanism hereinafter referred to as the Ranking.
- The Ranking on the Website and/or the Application includes the earning Points for Actions taken by the Caretaker. Points are also awarded for the Owner's Actions in favour of the Caretaker. Points are awarded to the Caretaker.
- The awarded Levels are public. Every User of the Website and/or the Application can view a Caretaker's Level.
- The Caretaker may earn additional Points for Marketing Activities. The Caretaker may undertake such actions up to 3 times. The Caretaker may earn a maximum of 3,000 Points in total.
- The awarding of Points is public. The Caretaker can see the history of awarded Points in their Account.
- The Caretaker increases their level by earning a certain number of Points.
- The Ranking has an impact on the search results if the User does not define the sorting in the settings. Sorting by Rank is the default sorting.
- Sorting by Rank shows a repeating pattern: four Caretakers with LEVEL I to V and a fifth Caretaker with level NEW.
- Points are awarded for the following actions:
- activation and successful verification of the Stripe account,
- the number and duration of completed Bookings,
- reviews submitted by Owners,
- the Caretaker’s responses to reviews,
- the Caretaker’s activity in promoting their services,
- participation in educational activities, tests or quizzes within the Service.
- The detailed rules for the allocation of points form part of the Animalhotels algorithmic mechanism and are not disclosed, as they constitute a trade secret of the company.
- Points Range:
- NEW - 0 - 9999
- LEVEL I - 10000 - 19999
- LEVEL II - 20000 - 49999
- LEVEL III - 50000 - 79999
- LEVEL IV - 80000 - 99999
- LEVEL V - > 100000
XXI. External links
- The Website and/or the Application may contain links to third-party websites or resources.
- The User acknowledges and agrees that Animalhotels is not responsible for:
- the availability or accuracy of such websites or resources;
- the content, products or services available on such websites or resources.
- Links to such websites or resources do not imply endorsement of such websites or resources or the content, products or services available on such websites or resources.
- The User acknowledges and assumes responsibility and all risks arising from the use of such websites or resources.
- Personal data is processed in accordance with the Privacy Policy of the available third-party websites or resources.
XXII. Changes to the Terms and Conditions
- Animalhotels reserves the right to introduce changes to these Terms and Conditions at any time.
- Changes to the Terms and Conditions shall be published as a consolidated text, together with a message on Animalhotels.
- Animalhotels notifies its Users of any changes to the Terms and Conditions by e-mail or text message sent to the e-mail address or number associated with the User's Account 15 days before entering into force.
- Animalhotels may introduce changes to these Terms and Conditions without observing the abovementioned 15-day period, including with immediate effect, if: it is subject to a legal obligation under which it is required to amend the Terms and Conditions in such a way that it is unable to comply with the abovementioned 15-day notification period, or it has to exceptionally change the Terms and Conditions in order to counteract an unforeseen and imminent threat related to the protection of the online intermediary services, Users against fraud, malware, spam, data breaches or other threats.
- The User may not accept the changes to the Terms and Conditions and, in such case, request closing their Account by submitting an appropriate declaration within 15 days from being notified of the changes to the Terms and Conditions. In the absence of such a request, the User shall be deemed to have accepted the changes without any objections.
- Unless agreed otherwise, all changes to these Terms and Conditions apply to all Users, including those who started using the Website and/or the Application before the changes had been introduced.
XXIII. Discontinuation of use of the Website and/or the Application
- Animalhotels may terminate the Agreement arising from these Terms and Conditions at any time by informing the User in writing (or via email) and/or, if the User has an account, by deactivating their account and access to it.
- Animalhotels may terminate the Agreement arising from these Terms and Conditions by informing the User in writing (or via email) if the User has an account and has violated the present Terms and Conditions by deactivating their account and access to it or by deactivating their offer.
- Animalhotels may terminate the Agreement arising from these Terms and Conditions without informing the User, if the User has not provided any personal data other than phone number with which the Account has been registered and has not logged into the Account for 60 days.
- The User may terminate the Agreement arising from these Terms and Conditions at any time by deleting their account or by stopping the use of the Website and/or the Application.
- The User cannot delete their account before the completion of an active Booking marked with the Status "Paid", "Accepted", or "In Progress". After the Booking is completed (status "Completed"), the User may request the deletion of their account or cancel the Booking earlier, in accordance with the applicable cancellation policy. Personal data will be deleted in accordance with the Privacy Policy, subject to any data retention obligations arising from legal requirements. However, it is recommended that the account be deleted only after the Booking has been completed and the payments for the Animal Services have been settled.
- Notwithstanding the provisions of sections 1 to 4, the User may, within 14 days from creating an account, terminate the account agreement with Animalhotels without stating the reason. The User may exercise this right by deleting their account, sending the withdrawal declaration to Animalhotels by email or post. The declaration can be prepared using the following template:
Recipient: Animalhotels sp. z o.o. (limited liability company) with its registered office at H. Sienkiewicza 72, 90-318 Łódź I hereby declare that I withdraw from the agreement for the provision of services consisting in managing a User’s account made on …………………………... The declaration concerns: Username: ………………………….…………………….. User’s name and surname: ………………………………………………………………………….. User’s address: ……………………………………………………………………………………………….. User’s signature (applies to paper version): ……………………………………………………………………
XXIV. Final provisions
- In all matters not regulated by these Terms and Conditions, the relevant provisions of Polish law are applicable. The choice of Polish law under these Terms and Conditions does not deprive the User of the protection under the provisions that cannot be excluded by agreement under the law, which, in accordance with the relevant regulations, would apply in the absence of such choice.
- Nothing in these Terms and Conditions makes either party an agent or representative of the other party or establishes a joint venture or partnership relationship between the parties.
- The User may not transfer or assign their rights or obligations arising from these Terms and Conditions.
- Animalhotels may transfer its rights and obligations arising from these Terms and Conditions, without this transfer being considered an amendment to the Terms and Conditions and without prior notice to the User, provided that the User's rights under these Terms and Conditions are not violated.
- If any provision of these Terms and Conditions is found to be invalid or ineffective, the remaining provisions remain in full force and effect. The invalid or ineffective provisions of these Terms and Conditions shall be replaced by provisions that are legally valid and effective and most similar to them.
- In the event of a dispute arising from the use of the Website and/or the Application, the parties agree to attempt to resolve the conflict amicably. If no agreement is reached, all disputes are settled by the competent court in Poland, in accordance with Polish law, subject to the mandatory consumer protection laws applicable in the User’s country of residence.
- For users from outside the European Union, Animalhotels does not exclude the application of the mandatory consumer protection laws of the country of their residence, if such laws are applicable.
- For any questions or concerns regarding the Website, the Application, Services and/or these Terms and Conditions, Animalhotels recommends visiting the help centre or contacting the User’s local office at: info@animalhotels.co.uk.