Terms and conditions

I. Introduction

1. The present Terms and Conditions (hereinafter: "Terms and Conditions") define the terms of use of the Animalhotels Website and/or 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 (91-004), ul. Lutomierska 52/2, 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.
2. Animalhotels can be contacted via e-mail at: info@animalhotels.com.

II. Definitions

Algorithm - the sorting and recommendation mechanism used in the Website and/or the mobile Application, based on the automatic allocation of points to Caretakers in accordance with specified criteria, the Caretakers' speed of response to Enquiries and recommendations granted by Animalhotels, in accordance with § XI.

Animalhotels Care - a benefit provided by Animalhotels to the Owner in connection with a Booking, covering in particular the reimbursement of the costs of veterinary treatment of the animal and the costs of replacement care in the event of the Caretaker's withdrawal, on the terms and within the limits set out in the Terms of Animalhotels Care. Animalhotels Care is not an insurance contract.

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, ul. Lutomierska 52/2, 91-004 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.

Price List - a list of the current prices of Subscription Plans, made available in the Subscription panel before purchase. The Price List does not form part of the Terms and Conditions, and changes to it are made in accordance with § XIVa section 5.

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 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.

Subscription Plan - a variant of the Subscription (in particular Starter or Premium) with the scope described in the Subscription panel.

Profile - a public part of the User Account that contains, among other things, information about a given User, their experience, qualifications and/or facilities; publicly accessible, including for non-logged-in Users and viewers.

Loyalty Programme - a programme for Owners under which loyalty points are collected and exchanged for rewards, in accordance with § XXa.

Point - a unit denoting a grade in the Ranking, awarded for the 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/or the Application. The current version of the Terms and Conditions is available on the Website and/or the Application at any time.

Registration - the process required to make full use of the Services provided by Animalhotels.

Booking - the process of ordering, purchasing and paying for Animal Services (in particular, care provided by a Caretaker at their place of residence, at a location indicated by the Owner or remotely (online)).

Reel - a short video published by a Caretaker on the Website and/or the Application.

Website - website with enhanced functionality available at https://animalhotels.com/, operated by Animalhotels, through which the User may use, in particular, the Services.

Subscription - a paid, automatically renewed service provided by Animalhotels to the Caretaker under the selected Subscription Plan, in accordance with § XIVa.

Amenities - additional options related to the provision of Animal Services, forming part of the Animal Service Agreement. Amenities are selected by the Owner when submitting an Enquiry and may include in particular: premises, rules applicable at the place where the Animal Services are provided, the Caretaker's qualifications and the possibility of using additional Animal 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, the Subscription and the Loyalty Programme.

Animal Services - paid services related to the care of the animal(s), in particular care with overnight stay, day care, walks, visits, training, grooming, behavioural and veterinary consultations and animal transport, provided by the Caretaker to the Owner in person or remotely (online).

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 Animal Service, type of pet, Amenities and details about the animal, in order 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 and nature of services

1. 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.
2. 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.
3. Depending on the User's place of residence, the provision of Services may be subject to local regulations to the extent that such regulations are of mandatory application.
4. Animalhotels is not a party to any agreements between the Owner and the Caretaker and is therefore not liable to Users for Animal Services, subject to the benefits provided under Animalhotels Care.
5. 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 Animal Service Agreements,
   • enabling Owners to publish reviews about Caretakers and Animal Services, and Caretakers to publish reviews about Owners,
   • enabling payment for Animal Services to the Caretaker via a Payment Service Provider,
   • enabling Caretakers to purchase educational training courses,
   • the Subscription for Caretakers,
   • Animalhotels Care,
   • the Loyalty Programme for Owners,
   • publication of Reels.
6. Animalhotels is not responsible for the Owners' negligence regarding the Booking of Animal Services.
7. The Caretaker may offer various types of Animal Services within the Website and/or the Application.
8. Animalhotels does not employ Owners and/or Caretakers.
9. 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

1. 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.
2. 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.
3. 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.
4. 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

1. The User acknowledges that they have read and accept the Terms and Conditions and the Privacy Policy available at: Privacy Policy.
2. The User undertakes to use the Website and/or the Application in a lawful manner and in accordance with its designated purpose.
3. By registering, the Caretaker declares that they have never been convicted of animal abuse offences.
4. 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.com.
5. 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 licences, tax registrations and permits, including the qualifications required to provide veterinary consultations, 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;
   • if they do not have an active Subscription, to settle services provided to Owners acquired via the Website and/or the Application exclusively through the Website and/or the Application;
   • to agree the details of the Animal Service with the Owner before it starts, in particular the manner of handing over the animal and its needs;
   • to maintain the terms of the Offer and contact with the Owner on the Website and/or the Application;
   • to provide Animalhotels with the data required by the regulations on the automatic exchange of tax information (DAC7). Until such data is provided, Animalhotels may suspend the visibility of the Caretaker's Offers.
6. 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 then carry out transactions relating to such services outside the Website and/or the Application; this prohibition does not apply to Caretakers with an active Subscription or to Owners using their services. Services agreed and settled outside the Website and/or the Application are not Bookings, are not covered by Animalhotels Care, and Animalhotels bears no liability for them;
   • 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 express consent and without informing Animalhotels.
7. 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 the reasons for this decision;
   • analyse User content (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. In particular, chat messages sent by Caretakers without an active Subscription are automatically checked for proposals to settle a Booking outside the Website and/or the Application; in such a case, the Caretaker receives an automatic warning. Personal data is processed in accordance with the Privacy Policy.
8. Each new Offer is subject to verification by the Animalhotels team before publication. Until it is positively verified, the Offer is not visible in the search engine. As a result of the verification, Animalhotels may: approve the Offer, request changes or the fulfilment of additional requirements indicated in the reasons for the decision, or disqualify the Offer. Animalhotels decides which Offers are visible in the search engine and may at any time hide an Offer on account of its quality, the Caretaker's activity or credibility, the safety of Users or matching the number of Offers to demand in a given area, and also in particular where the Caretaker fails to confirm their activity within the set deadline, fails to provide the data referred to in section 5, fails to respond to an individual Enquiry (§ XII section 4) or, without an active Subscription, settles services outside the Website and/or the Application in breach of section 6. Hiding an Offer does not constitute termination of the Account agreement.
9. The Caretaker is informed of every decision to refuse publication of, hide, block or disqualify an Offer, together with the reasons for it, no later than when the decision takes effect. The Caretaker may appeal against the decision under the complaints procedure set out in § XV.

VII. Registration

1. To use the full functionality 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 Animalhotels via notifications 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.
2. 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.
3. 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 Animal Service Agreements via the Website and/or the Application. The provisions of sections 1 and 2 shall apply accordingly.
4. While creating an Account, the Caretaker is obliged to provide truthful information regarding their registered business activities.
5. The Caretaker, regardless of the form of their business, is obliged to respect the Users' consumer rights.
6. Animalhotels may refuse Registration using a phone number that was previously associated with an Account blocked for violating the Terms and Conditions.
7. Before publishing their first Offer, the Caretaker completes a tutorial and confirms the obligations referred to in § VI section 5, and with each Offer confirms the rules for settling Bookings set out in § VI sections 5-6.

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/en/privacy-policy.

IX. Terms of using the map

1. The use of the Website and/or the Application requires the use of OpenStreetMap features and content.
2. 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/en.
3. By using the Website and/or the Application, the User acknowledges and accepts the terms of the OpenStreetMap insofar as they apply to Users.
4. 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

1. 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.
2. 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 will result in legal action taken by Animalhotels.
3. 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.
4. The use of Animalhotels' company name 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.
5. The User is fully liable for any damage caused to Animalhotels as a result of the use of the company name or trademarks.
6. Other products, services or entity marks on the Website and/or the Application belong to the Caretakers and may be displayed on the Website and/or the Application for identification purposes only. The User should contact the relevant Caretakers regarding such marks and their registration status.
7. By posting an Offer or a Reel, the Caretaker authorises Animalhotels to publish and distribute the description of the Offer, the images contained in the Offer and the Reels on social media and anywhere via the Internet, including search engines through which Animalhotels is promoted. By including copyrighted content in the Offer or Reel, the Caretaker consents to its free distribution, unlimited in terms of time and territory, on the Website and/or the Application 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").
8. 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, videos, likeness) is used by Animalhotels.
9. 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, including the image rights of persons recorded in Reels.
10. Reels may be viewed, shared and liked by Users. The number of views and likes may be displayed publicly and may affect the order in which Reels are displayed. The maximum file size of a Reel is 100 MB, and the number of Reels may depend on the Subscription Plan.

XI. Caretaker search mechanism

1. The Website and/or the Application, during an Enquiry, uses a sorting mechanism based on an Algorithm that assigns points to Caretakers and takes into account their speed of response to Enquiries. The Algorithm promotes responsible Caretakers.
2. 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.
3. 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.
4. The Website and/or the Application presents the Owner with a maximum of ten Caretakers, from among those to whom the Enquiry was sent, who were the quickest to decide to accept or defer the care.

4a. The Enquiry is sent to Caretakers in stages. The order in which Caretakers receive the Enquiry is determined by the following parameters, in the following order of importance: (a) the Caretaker's speed of response to previous Enquiries; (b) the recommendation granted to the Offer by the Animalhotels team; (c) the number of Points. Some places may be reserved for new Caretakers. 4b. If there are too few Caretakers meeting all the criteria of the Enquiry, the Enquiry may also be sent to Caretakers who meet them partially. Before making a Booking, the Owner may review the Offer of each Caretaker. 4c. Sending the Enquiry to further Caretakers ends once the list referred to in section 4 is full or after a period of time determined by Animalhotels has elapsed. The Enquiry then expires for Caretakers who have not responded to it. 4d. Caretakers may browse ongoing Enquiries in their area, within a radius of up to 50 km, and join them by accepting the Enquiry. An Enquiry may also be shared via a public link. In both cases, the following are presented: the approximate location (accurate to within a few hundred metres), dates, type of Animal Service, Amenities, the Owner's first name and information about the animal, including its photo. The Owner's surname, phone number and exact address are not presented.

5. The Algorithm is a supporting matching tool and does not guarantee the selection of any specific Caretaker by the Owner.
6. The Algorithm is subject to ongoing optimisation and modifications aimed at improving the quality of matching and User safety. Animalhotels informs about changes to the main parameters referred to in section 4a by way of an amendment to the Terms and Conditions.
7. 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.
8. 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 responses, 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 Caretaker's proposal expires.
9. A lack of response or a late response by the Caretaker to Enquiries lowers their position in the order in which future Enquiries are sent (section 4a point (a)). A Caretaker who has repeatedly failed to respond to Enquiries is no longer considered for the places referred to in the last sentence of section 4a. The consequences of failing to respond to an individual Enquiry are set out in § XII section 4.

XII. Bookings

1. 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.
2. Each Owner must have an active Account on the Website and/or the Application to search for a Caretaker.
3. A Booking may be initiated by the Owner by submitting an Enquiry after completing the details regarding the location, dates, type of Animal Service, 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).
4. 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 clicking 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 Caretaker does not make a decision within this time, all of their Offers are automatically deactivated, and the Caretaker is informed of this. The Caretaker may reactivate the Offers in their Account. If the Owner changes the Enquiry directed to one Caretaker into an Enquiry to all Caretakers, the rules set out in § XI of the Terms and Conditions apply;
   • 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.
5. 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.

5a. During an ongoing Enquiry, the Owner may change its dates, Amenities and mode (an Enquiry to one Caretaker or to all Caretakers). The Caretaker may propose a price for a given Enquiry that differs from the price indicated in the Offer. The price displayed to the Owner at the moment the Booking is made is binding.

6. 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 or, in the cases set out in § XIVa section 7, in cash.
7. The Booking is created when the Owner makes payment by clicking the "Book and Pay" button, and in the case of cash payment, when this payment method is selected and the Booking is confirmed. At that moment, an Animal Service Agreement is concluded between the Owner and the Caretaker.
8. 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.
9. 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. This section does not apply to Animal Services provided remotely (online).

10. The Caretaker may connect their Account to the Pawlendar calendar, a tool operated by Animalhotels. In such a case, the data of the Caretaker's Bookings, including the Owner's first name, surname and contact details and information about the animal, are made available to the Caretaker in Pawlendar.

XIII. Payments

1. 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.
2. The User is visibly informed via the Website and/or the Application each time of the current price of selected Services.
3. 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/privacy; https://stripe.com/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.
4. 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 document.
5. If the Caretaker's personal data requires confirmation, the Payment Service Provider may withhold payouts to the Caretaker until their personal data is confirmed. The Payment Service 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 Service Provider.
6. 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.
7. The Animal Service is a transaction between the Owner and the Caretaker.
8. Payment of the price for Animal Services is made using the payment methods made available by the Payment Service Provider and displayed at payment, in particular a payment card, BLIK, Przelewy24, Apple Pay, Google Pay or Klarna, and in the cases set out in § XIVa section 7 also in cash, paid directly to the Caretaker.
9. The amount due for Animal Services paid online 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 on behalf of the Caretaker and holds these funds in the restricted account until they are paid out.
10. The amount due for the Animal Service is paid out after the Animal Service has ended, i.e. after the end date and time indicated in the Booking, and is transferred by the Payment Service Provider to the Caretaker's bank account, after deduction of the fees due in accordance with § XIV and § XIVa. The date on which the account is credited depends on the Payment Service Provider and the Caretaker's bank.
11. The Website and/or the Application does not offer any payment services and is not responsible for the information provided by Users within the scope of the applicable law.
12. Users are responsible for providing true details of credit cards, debit cards or other payment methods offered on the Website and/or the Application.
13. The User may only use the services provided by the Payment Service Provider on their own behalf. Third-party use is prohibited.

XIV. Fees

1. Owners may purchase Animal Services by making a Booking as described in § XII Bookings. The amount of the fee is determined individually by each Caretaker.
2. The Owner, upon accepting the Booking, concludes an agreement with the Caretaker and agrees to pay the total fees indicated in the Booking. The payment for the service must be made before the day on which the Animal Service starts.
3. The total amount paid by the Owner for the Booking corresponds to the price set by the Caretaker, increased by the fee for Animalhotels Care if the Owner has chosen it in accordance with § XIVb section 3. All price components are displayed to the Owner before payment.
4. A Caretaker without an active Subscription 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.
5. Animalhotels charges a Caretaker without an active Subscription a service fee amounting to 20% of the Booking value. The amount of the service fee for a given Booking is determined at the moment the Booking is created and does not change during its term.
6. When the Owner pays for the Animal Service, they are required to provide the Payment Service Provider with valid, current payment card details 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.
7. The role of Animalhotels is to facilitate payments from Owners to Caretakers.
8. Animalhotels is responsible for maintaining up-to-date payment information.
9. 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.

XIVa. Subscription for Caretakers

1. The Caretaker may purchase a Subscription in one of the Subscription Plans available in the Subscription panel. The scope of each Subscription Plan, in particular the number of photos, Reels and Offers, additional visibility in the search engine, priority notifications about Enquiries and a badge on the Profile, is described in the Subscription panel before purchase.
2. The price of a Subscription Plan is indicated in the Price List and displayed before purchase. A promotional price (section 6) applies only for the billing periods indicated at purchase, after which the Subscription renews at the regular price, which is also displayed before purchase.
3. The Subscription is paid in advance for a monthly or annual period, via the Payment Service Provider, and renews automatically for subsequent periods of the same length until it is cancelled.
4. The Caretaker may cancel the Subscription at any time in the Subscription panel. Cancellation takes effect at the end of the current paid period. The Caretaker may withdraw from the Subscription agreement within 14 days of its conclusion without giving any reason, by sending a declaration to info@animalhotels.com. Animalhotels then refunds the full amount paid within 14 days, using the same payment method.
5. Animalhotels may change the prices of Subscription Plans for valid reasons, in particular in the event of a change in the costs of providing the Services, including the fees of the Payment Service Provider, a change in the scope of a Subscription Plan, a change in the law or in the inflation rate. New prices apply to new purchases from the moment they are published in the Price List. For Caretakers with an active Subscription, the price change applies from the first billing period starting after 15 days from the notification sent by e-mail, text message or in the Application. A Caretaker who does not accept the new price may cancel the Subscription before it takes effect without incurring any additional costs.
6. Animalhotels may offer promotions, including discount codes and reduced prices for a specified number of billing periods, addressed to all or selected Caretakers. The terms of a promotion, including its duration, are indicated when it is made available. Prices of Subscription Plans may differ between Caretakers under individual offers.
7. During an active Subscription, Animalhotels does not charge the Caretaker the service fee referred to in § XIV sections 4-5. Instead:
   • for a Booking paid online without Animalhotels Care, Animalhotels charges the Caretaker a payment processing fee of 2% of the Booking value plus PLN 2.35, intended to cover the costs of payment processing by the Payment Service Provider, deducted from the amount paid out to the Caretaker;
   • for a Booking paid online, the Owner may purchase Animalhotels Care in accordance with § XIVb section 3; in that case, the payment processing fee is not charged to the Caretaker;
   • the Owner may pay the Caretaker in cash. Animalhotels does not charge any fees for such a Booking, and the Booking is not covered by Animalhotels Care or by the mechanism referred to in § XIII sections 9-10.

   The Booking value within the meaning of this section is the amount paid by the Owner for the Caretaker's services, after taking discounts into account. The method of calculating fees is determined at the moment the Booking is created and does not change in the event of the subsequent expiry or purchase of a Subscription.

8. For Caretakers whose Account was created via the Website and/or the Application in version 12.17.0 or later, an Offer approved as a result of verification (§ VI section 8) becomes visible in the search engine only after a Subscription is purchased, and settlement based on the service fee is not available to them. After the Subscription expires or is cancelled, such a Caretaker's Offers are no longer visible in the search engine until it is purchased again.
9. Animalhotels may decide that, for a given Caretaker, the visibility of Offers in the search engine requires an active Subscription and that settlement based on the service fee (§ XIV sections 4-5) is no longer available to them. The decision may be taken in particular on account of the nature or scale of the Caretaker's activity, the way in which they settle their services, the quality or activity of their Offers or demand in a given area. The Caretaker is informed of the decision, together with the reasons for it, no later than when it takes effect. From the day the decision takes effect, the Offers of a Caretaker without an active Subscription are no longer visible in the search engine and section 8 applies to them accordingly. The Caretaker may terminate the Account agreement free of charge at any time. The decision does not apply to Bookings created before it takes effect, and the Caretaker may appeal against it under § XV.
10. A Subscription may be purchased if the Caretaker has at least one Offer approved as a result of verification or awaiting the purchase of a Subscription, or has received from Animalhotels the offer referred to in section 11.
11. Settlement based on the service fee requires the Caretaker to settle services via the Website and/or the Application. If the Animalhotels team, after verification, finds that a Caretaker without an active Subscription has settled or proposed to settle services outside the Website and/or the Application in breach of § VI section 6, Animalhotels may disqualify their Offers in accordance with § VI sections 8-9 and permanently disable settlement based on the service fee for them. The Caretaker may continue to use the Website and/or the Application under a Subscription, in which the manner of settling services is not restricted; purchasing a Subscription restores the visibility of their Offers, and after it expires or is cancelled, the Offers are again no longer visible. Animalhotels may offer such a Caretaker the purchase of a Subscription on promotional terms.

XIVb. Animalhotels Care

1. Animalhotels Care is provided on the terms set out in the Terms of Animalhotels Care, available at https://animalhotels.com/en/terms-of-animalhotels-care. Which Bookings are covered by Animalhotels Care is set out in sections 2-4.
2. Bookings paid online with Caretakers without an active Subscription are covered by Animalhotels Care at no additional charge.
3. For Bookings paid online with Caretakers with an active Subscription, the Owner may purchase Animalhotels Care. The fee for Animalhotels Care is displayed to the Owner before payment and added to the price of the Booking.
4. Bookings paid in cash are not covered by Animalhotels Care.

XV. Complaints regarding the operation of the Website and/or the Application

1. Any complaints regarding the malfunction of the Website and/or the Application, the Subscription or the Loyalty Programme, as well as appeals against the decisions referred to in § VI section 9, should be made to Animalhotels:
   • electronically via e-mail at: info@animalhotels.com
   • by registered letter to Animalhotels sp. z o.o. ul. Lutomierska 52/2, 91-004 Łódź
   • by phone at +48 731 830 820 (24 hours a day)
2. Animalhotels reserves the right to request information or clarification from the complainant if it is necessary to process the complaint.
3. The complaint should include the User's details (name, surname, correspondence address, e-mail address and phone number) as well as the grounds for the complaint.
4. Complaints from consumers will be considered without delay but no later than within 14 days from the date of receipt. Other complaints will be considered within 30 days from the date of receipt.
5. 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.
6. 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.
7. A reply to the complaint is sent to the e-mail address specified in the complaint.

XVI. Complaints regarding Animal Services

1. Complaints regarding failure to perform or improper performance of Animal Services should be addressed directly to the Caretakers.
2. The Caretaker is responsible towards the Owner for handling complaints about the Animal Services in accordance with generally applicable law.

XVII. Newsletter

1. The Newsletter subscription service is provided free of charge by Animalhotels to Users who voluntarily and optionally give their consent to it.
2. The Newsletter subscription is ordered by giving consent to direct contact in the privacy settings in the User Account.
3. After confirming the Newsletter activation, a Newsletter service agreement is concluded between the User and Animalhotels for an indefinite period of time.
4. 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.com, 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.
5. Consent to receive commercial information sent by electronic means is voluntary and may be withdrawn by the User at any time.
6. 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

1. 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.
2. The declaration of withdrawal may be:
   • made by Cancellation of the Booking of the Animal Service on the Website and/or the Application,
   • sent by e-mail or by post to the Caretaker's address. In order to withdraw, the Owner 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 the User with the username: …………………………. > User's name and surname: …………………………. > User's address: …………………………. > User's signature (applies to paper version): ………………………….

3. 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.
4. 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 Cancellation of Booking. These terms may vary depending on the Caretaker and are specified in the Offer description.
5. The conclusion of an Animal Service Agreement less than 14 days before the start of the provision of that Service is tantamount to the User requesting its performance before the expiry of the statutory withdrawal period. In such a case, the Owner acknowledges and agrees that they lose their right to withdraw from the agreement once the Caretaker has fully performed the Service.

XIX. Reviews

1. The Website and/or the Application may provide an opportunity to leave a subjective review of Caretakers and their Animal Services.
2. The Review may be posted after the Booking has been completed.
3. The Review can only be posted by a logged-in Owner who has made a Booking of Animal Services on the Website and/or the Application and paid for it via the Payment Service Provider. Animalhotels ensures that Reviews come from Owners who have used the Animal Service, in that the possibility of posting a Review is technically linked to a completed Booking.
4. The Review automatically appears on the Caretaker's Profile after being posted by the Owner.
5. 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.
6. 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.
7. 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.
8. The Caretaker may add a response to the relevant Review. The rules applicable to Reviews apply to the responses.
9. A response to a Review may be submitted after the Owner has submitted a Review.
10. A response to a Review may be submitted by a logged-in Caretaker.
11. Animalhotels is not liable for any removal, disclosure, loss or modification of the reviews.
12. 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.
13. After the Booking has been completed, the Caretaker may post a review of the Owner, containing a rating of communication and a rating of the animal's behaviour on a scale of 1 to 5, as well as a comment. The Owner is notified that the review has been posted. Reviews of an Owner are visible to Caretakers to whom the Owner submits Enquiries. Sections 5, 6 and 12 apply accordingly to reviews of Owners.

XX. Ranking

1. The Website and/or the Application uses a game mechanism hereinafter referred to as the Ranking.
2. The Ranking on the Website and/or the Application includes 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.
3. The awarded Levels are public. Every User of the Website and/or the Application can view a Caretaker's Level.
4. The Caretaker may earn additional Points for Marketing Activities. The types of Marketing Activities, the number of Points for each of them and the limits are described in the Caretaker's Account.
5. The awarding of Points is public. The Caretaker can see the history of awarded Points in their Account.
6. The Caretaker reaches successive Levels by earning a certain number of Points.
7. The Ranking has an impact on the sorting of search results if the User does not define the sorting in the settings. The default sorting takes into account, first, the recommendation granted to the Offer by Animalhotels (§ XI section 4a point (b)), and then the number of Points.
8. 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,
   • reviews of Owners posted by the Caretaker,
   • invitations to a further Booking sent to Owners after a completed Booking,
   • the Caretaker's activity in promoting their services,
   • participation in educational activities, tests or quizzes within the Service.
9. 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.
10. Points range:
    • no Points up to 9999 - NEW
    • from 10000 to 19999 - LEVEL I
    • from 20000 to 49999 - LEVEL II
    • from 50000 to 79999 - LEVEL III
    • from 80000 to 99999 - LEVEL IV
    • from 100000 and above - LEVEL V

XXa. Loyalty Programme

1. Owners with an Account participate in the Loyalty Programme. Participation is free of charge.
2. The Owner receives loyalty points for completed Bookings (for each day of a Booking, with a bonus for longer Bookings and for a further Booking with the same Caretaker) and for submitted Reviews. The current point rates are described in the Owner's Account.
3. Loyalty points may be exchanged for rewards from the catalogue available in the Account, in particular for visual highlights of the Profile and Enquiries. Rewards held may be visible to Caretakers.
4. Loyalty points have no monetary value, cannot be exchanged for money or transferred to another User, and are not Points within the meaning of § XX.
5. Animalhotels may change the reward catalogue or the point rates, or end the Loyalty Programme, informing Owners with the advance notice referred to in § XXII section 3. Such a change does not affect rights to rewards already received.
6. Animalhotels may cancel loyalty points obtained as a result of abuse, in particular fictitious Bookings or Reviews.

XXb. Affiliate programme

1. Animalhotels may run a referral programme for Users and companies, under which a participant receives remuneration for acquired Owners. The rules of the programme, including the amount of remuneration, are set out in separate terms and conditions made available when applying to the programme: for partners at https://animalhotels.com/regulaminy-promocji/regulamin-programu-afiliacyjnego, and for Users using affiliate codes at https://animalhotels.com/regulaminy-promocji/regulamin-programu-afiliacyjnego-dla-uzytkownikow.

XXI. External links

1. The Website and/or the Application may contain links to third-party websites or resources.
2. The User acknowledges and agrees that Animalhotels is not responsible for:
3. 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.
4. The User acknowledges sole responsibility for, and assumes all risks arising from, the use of such websites or resources.
5. Personal data is processed in accordance with the Privacy Policy available on the third-party websites or resources.

XXII. Changes to the Terms and Conditions

1. Animalhotels reserves the right to introduce changes to these Terms and Conditions at any time.
2. Changes to the Terms and Conditions shall be published as a consolidated text, together with information that they have been made, on the website animalhotels.com.
3. Animalhotels notifies the User of any changes to the Terms and Conditions by e-mail sent to the e-mail address or by text message sent to the number associated with the User's Account, 15 days before they enter into force.
4. 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.
5. The User may not accept the changes to the Terms and Conditions and, in such case, request the deletion of 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.
6. 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.
7. A change to the Price List does not constitute a change to the Terms and Conditions; changes to the prices of Subscription Plans are made in accordance with § XIVa section 5. Changes to the fees set out in the Terms and Conditions do not apply to Bookings created before they enter into force.

XXIII. Discontinuation of use of the Website and/or the Application

1. 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 cancelling their Account and access to it.
2. Animalhotels may terminate the Agreement arising from these Terms and Conditions by informing the User in writing (or via email) if the User has violated the present Terms and Conditions and has an Account, by cancelling their Account and access to it or by deactivating their Offer.
3. 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 the phone number with which the Account has been registered and has not logged into the Account for 60 days.
4. 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.
5. The User cannot delete their account before the completion of an active Booking marked with the status "Paid", "Accepted" or "In Progress", or while unsettled funds remain on their account with the Payment Service Provider. 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 rules. 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 after the Booking has been completed and the funds for the Animal Service have been credited.
6. Notwithstanding the provisions of sections 1 to 4, the User may, within 14 days from creating an Account, withdraw from the Account agreement with Animalhotels without stating the reason. The User may exercise this right by deleting their Account or by sending the withdrawal to Animalhotels' e-mail address or postal address. The declaration can be made using the following template:
7. Deleting the Account of a Caretaker with an active Subscription is equivalent to cancelling the Subscription with effect from the end of the current paid period.

XXIV. Final provisions

1. 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.
2. 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.
3. The User may not transfer or assign their rights or obligations arising from these Terms and Conditions.
4. 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.
5. 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.
6. 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 will be 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.
7. 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.
8. For any questions or concerns regarding the Website and/or the Application and/or the Services and/or these Terms and Conditions, Animalhotels recommends visiting the help centre or contacting the local office: tel.: +48 731 830 820; email: info@animalhotels.com.