I. Introduction
- Pet owners may benefit from the Animalhotels protection programme, which is subject to these Terms (hereinafter referred to as the "Terms of Protection"). These Terms of Protection also apply to the Animalhotels Terms of Service (hereinafter referred to as the "Terms and Conditions") and other terms applicable to the Animalhotels services.
- You can contact Animalhotels via e-mail at info@animalhotels.com.
II. Definitions
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.
Documentation – a set of documents required for the Verification Process undertaken on behalf of the Customer by Animalhotels.
Report Form – a document completed by the Customer to report the damage using the tools provided through the Website and/or Application.
Customer – an Animal Owner who is entitled to claim compensation in the form of reimbursement, mediation or Substantive Support for a Loss covered under these Terms of Protection.
Animalhotels Care – a service offered by Animalhotels that provides additional protection for Customers who book services on the Website and/or Application. The purpose of this protection is to provide Support in situations where a Booking is disrupted for reasons beyond the Customer's control.
Caretaker – a person who performs the care service for the Customer as part of the Booking.
Verification Process – a procedure designed to confirm the accuracy and conformity of the information and Documentation submitted by the Customer via the Report Form. This process is necessary to ensure that the submitted claims, the animal's health data, the circumstances of the situation and other key elements meet the requirements provided for in these Terms of Protection.
Pet Profile – a service provided on the Website and/or Application where the Customer includes key information about the pet.
Terms and Conditions – a document, including all attachments, specifying the rules for the use of the Website and/or Application. The current version of the Terms and Conditions is available on the Website and/or Application at any time.
Booking – animal care service performed at the Customer's request by a Caretaker limited to a specific time period during which the care service takes place. The care service may take place at the Customer's place of residence or at the Caretaker's place of residence.
Website – a website with enhanced functionality available at https://animalhotels.com/, operated by Animalhotels allowing the Customer to book Caretakers’ services.
Introductory Meeting – a meeting between the Customer and the Caretaker prior to the Booking period.
Terms of Protection – the present document, including all attachments, specifying the rules for the use of Animalhotels Care via Website and/or Application. The current version of the Terms of Protection is available on the Website and/or Application at any time.
Support – a form of assistance offered by Animalhotels in the form of reimbursement, Amicable Support or Substantive Support in the event of an adverse event.
Substitute Caretaker - a person registered on the animalhotels platform who undertakes to look after an animal in the event that the primary Caretaker, chosen by the Customer as part of the booking, is unable to fulfil their obligations. The Substitute Caretaker is selected by the animalhotels team or designated by the animal owner in accordance with the rules specified in the Booking Protection.
III. General conditions
- If the Report Form is submitted under Animalhotels Care, the Customer undertakes to exercise due diligence, in particular by conducting honest and transparent communication with Animalhotels (or its authorised representatives). The Customer shall promptly provide all Documentation and information that may be reasonably requested by Animalhotels for the purpose of the Verification Process. Failure to provide the required Documents or the provision of false information will result in the loss of any entitlement or part thereof to the benefits under these Terms of Protection.
- The Animalhotels Care covers events that occur during the Booking period.
- Participation in the Animalhotels Care programme is subject to a paid Booking made through Animalhotels.
IV. Subject and scope of the Animalhotels Care
- The subject of the Animalhotels Care is:
- the life and health of any pet;
- Substitute Caretaker.
- The Terms of Animalhotels Care include:
- veterinary treatment – the maximum value of the reimbursement is determined in accordance with the limit set for the country in which the care was provided, according to the applicable Table of Benefits (Table of conditions for animalhotels care benefits;
- finding a Substitute Caretaker - a refund of the price difference, up to 100% of the difference between the original and the new amount.
- The Animalhotels Care expires:
- at the end of the liability period;
- on the date of death of the animal;
- on the date the animal is sold or disposed of on any other legal basis;
- on the date the Customer reports the loss of the animal to Animalhotels;
- on the date of termination of the animal care service;
- with respect to a given benefit, on the date of exhaustion of the amount of Animalhotels Care or the limit for a given benefit, depending on which occurs first.
- The Animalhotels Care covers events occurring in Poland and the United Kingdom.
- Animalhotels Care covers incidents that occur in the areas where the Animalhotels Application operates, in accordance with the current list of available countries in the Animalhotels mobile Application.
V. Services
§1 Veterinary treatment costs
- As part of veterinary treatment costs, Animalhotels will cover the cost of an animal's stay at a veterinary facility, which includes the cost of care, food and accommodation necessary for the treatment provided in connection with an accident covered by the Animalhotels Care. The length of stay at the veterinary facility shall not exceed the period recommended by a veterinarian as necessary to save the life or health of the animal.
- As part of veterinary treatment costs, Animalhotels shall also cover the costs related to the necessary surgery of the animal. Animal surgery costs include:
- pre-operative examinations;
- the cost of the surgery including medications and supplies necessary for the surgery;
- post-operative treatment up to 14 days after the surgery;
- if several surgeries are required in connection with the same accident for veterinary reasons, these surgeries, pre-operative examinations, and post-operative treatment up to 14 days after surgery, are counted as one continuous event covered by the Animalhotels Care. The end of Animalhotels' liability for the event is on the 14th day after the last surgery;
- the methods of examination and treatment and medications prescribed by a veterinarian is medically necessary, appropriate, reasonable and proportionate to the consequences of the accident, in accordance with the current and generally recognised state of veterinary knowledge.
- As part of veterinary treatment costs, the Animalhotels Care will cover the cost of purchased medications recommended by a veterinarian indicated in the animal's treatment records up to the limit applicable under these Terms of Protection.
- As part of veterinary treatment costs, in the event that the Customer's animal has an accident and no surgery is required, the Animalhotels Care will cover the cost of examinations, outpatient procedures and the cost of medications necessary to save the health and life of the animal as determined by the veterinarian.
- The Animalhotels Care will cover the costs of veterinary treatment up to 14 days from the date of the incident.
- The costs of veterinary treatment shall be covered up to the amount of the Animalhotels Care specified in these Terms of Protection.
- The Caretaker is obliged to provide a safe and suitable environment for the animal in their home.
- The Caretaker shall be liable for situation caused by the animal as a result of negligence, lack of supervision or improper conduct during care services.
- The protection programme does not cover situations resulting from gross negligence or intentional acts of the Customer or Caretaker.
- In the event of situation, the Customer or Caretaker shall immediately inform the other party and Animalhotels of such event.
- All claims must be submitted using the Report Form within Booking dates, providing full documentation of the incident and evidence of the damage.
- No other obligations or warranties beyond those described in these Terms of Protection are guaranteed by Animalhotels.
§2 Substitute caretaker
- If more expensive care service is required as a result of cancellation of the original Booking, the Customer may be entitled to a refund of the difference in price not exceeding 100% of the value of the cancelled Booking.
- The Customer may only use this service once for each Booking.
- Animalhotels undertakes, as part of the service provision, to make all reasonable efforts to find a Substitute Caretaker but does not guarantee the effectiveness of these efforts or the availability of the Substitute Caretaker.
- Animalhotels shall not be liable for any loss or damage resulting from the unavailability of the Substitute Caretaker.
- The Customer is obliged to immediately inform Animalhotels of the need to use the service so that actions can be taken to provide the service.
- If a Substitute Caretaker is found, the Terms and Conditions of the new Booking, including price and cancellation policy, may differ from those of the original Booking, which the Customer accepts when requesting the service.
- Animalhotels undertakes to make arrangements to provide the service as soon as possible, taking into account the nature and urgency of the request. However, processing times may depend on the availability of Caretakers and other factors beyond Animalhotels' control.
VI. Exemptions and limitations
§1 General
- The Animalhotels Care does not apply to:
- Animalhotels undertakes to verify the validity of the claim and to dismiss claims that are unjustified.
- The Animalhotels Care shall only apply to paid bookings for via the Animalhotels platform. Bookings made outside the application shall not qualify for the Animalhotels Care.
- The Animalhotels Care shall not apply if the incident in question arises directly due to the fact that:
- Animalhotels shall not cover the costs exceeding the sum of the Animalhotels Care in terms of veterinary treatment costs and other sums and limits set out in clause IV.
- Animalhotels shall not be liable for the provision of Benefits, costs or incidents occurring outside the territory covered by the Animalhotels Care programme, or for incidents occurring outside the period of Booking Protection.
§2 Veterinary treatment costs
- The Animalhotels Care does not include:
§3 Substitute caretaker
- If the Customer cancels a Booking, they will not be entitled to a Substitute Caretaker service.
- The service is not available if the need for it is declared more than 3 days before the scheduled start of Booking.
VII. Customer's obligations in the event of an incident
- To use other benefits provided for in these Terms of Protection, the Customer, or any other person acting on behalf of the Customer, must immediately notify Animalhotels of the incident covered by the Animalhotels Care by filling the Reform Form in the Booking and completing the following details:
- If an insurance event occurs, the Customer shall:
- In the event of an incident that causes or may cause a claim against the Customer or another person covered by Animalhotels Care, they are obliged to:
VIII. Obligations undertaken by Animalhotels
§1 Organisation and coverage
- Animalhotels will cover the costs of services performed by the veterinary facility covered by the Animalhotels Care in accordance with the Customer's entitlement to the sums included in these Terms of Protection.
- Benefits shall be paid within 14 days following the completion of the Verification Process directly to the Customer's bank account or any other bank account indicated by the Customer.
- Benefits under these Terms of Protection shall not be paid in cash. All costs associated with covered services shall be paid directly by Animalhotels. In the event of an incident, reporting and payment of benefits shall be made on a cashless basis.
- In order to obtain reimbursement of the costs, referred to in pt. 2, the Customer should log in to the application and report the incident to the specific Booking by sendinga completed Report Form.
§2 Payment of the benefit
- The amount of the benefit shall be determined by Animalhotels on the date of the occurrence of the incident covered by the Animalhotels Care and paid to the Customer.
- After Animalhotels has received notice of an incident, within 7 days from the date of receipt of such notice, Animalhotels shall inform the Customer and take action to determine the circumstances of the incident, the validity of claims and the amount of compensation or benefit and, in terms of liability, also as a result ofa settlement or final court decision. In addition, within 7 days after receiving notice of the incident, Animalhotels will inform the Customer what additional documents are required. Animalhotels shall inform the Customer in writing via email (address: info@animalhotels.com) or in any other manner to which the person has agreed.
- Should it prove impossible to clarify the circumstances necessary to establish liability or the amount of the benefit within the period indicated in pt. 2, Animalhotels shall pay the benefit within 14 days from the day on which, with due diligence, clarification of these circumstances was possible.
- If a benefit is not payable or is payable in an amount different from that specified in the Report Form, Animalhotels shall inform the Customer in writing via e-mail (address: info@animalhotels.com), indicating the circumstances and the legal basis justifying the total or partial refusal to pay the benefit.
- Provision of false data by the Customer, a person representing the Customer, or another person covered by the Animalhotels Care, regarding the circumstances or consequences of the incident, or evasion of explanations may result in loss of the right to the benefit or compensation, if it affected the determination of liability or served to defraud.
- Animalhotels reserves the right not to pay the benefit if it is considered legitimate by Animalhotels.
§3 Documents required for the payment of the benefit
- The validity and amount of the benefit will be determined by Animalhotels on the basis of the forwarded copies of:
- In connection with the incident under investigation, Animalhotels may request documents other than those indicated in section 1 from the Customer if they are necessary for Animalhotels to carry out proceedings to determine the validity of the benefit, if the claimant has such documents or can obtain them under the provisions of generally applicable local law.
- At any time Animalhotels shall have the right to request the original documents referred to above in pt. 1 §3 item IX.
- If Animalhotels does not receive all documents necessary to determine the validity of the benefit or compensation, the Customer making a claim for payment of benefit should provide Animalhotels with information on the place and date of the incident covered by the Animalhotels Care and the name and address of the authority or institution where the aforementioned documents are or may be located.
IX. Complaints
- A Customer with a legal interest in establishing liability and the performance of the Animalhotels Care has the right to file a complaint against the Animalhotels Care services provided by Animalhotels. These can be submitted:
- In connection with the fact that the Customer enters the contract electronically (on-line), if:
- the Customer or other entitled person is a consumer;
- they reside in the European Union, Norway, Iceland, Liechtenstein;
they may submit a complaint to an entity authorised to deal with out-of-court consumer disputes through the European ODR (Online Dispute Resolution) platform which is available at: http://ec.europa.eu/consumers/odr/.
- If the Customer with a legal interest in establishing liability and the performance of insurance contract is a consumer, they may also use the assistance of the Municipal and District Consumer Ombudsmen.
- Complaints shall be processed as soon as possible, but no later than 30 days after receipt. The date of the reply is considered the date of its sending.
- The Customer will be notified of the decision on the complaint via e-mail to the e-mail address indicated in the complaint or to the correspondence address.
- If, in particularly complex cases, Animalhotels is unable to respond to the complaint within 30 days, the person making the complaint will be informed:
- what are the reasons for the delay;
- what circumstances Animalhotels still needs to know in order to consider the case;
- what is the new expected response date. This may not be longer than 60 days from the date of receipt of the complaint.
X. Amendments to the Terms of Protection
- Except for cases prohibited by law, Animalhotels may modify or terminate the Animalhotels Care at any time, and such modification or termination will apply to incidents occurring after the effective date of the modification or termination.
- Animalhotels also reserves the right to modify the Animalhotels Care to the extent required to comply with applicable law, including in the event that a regulatory authority determines that Animalhotels needs to obtain any license or other government authorisation to provide the Animalhotels Care or to address an unforeseen and imminent threat related to the protection of online services, protection of Users from fraud, malware, spam, data breaches or other threats without a 15-day notice period.
- Amendments to these Terms of Protection will be published as a consolidated text, together with a notice of their implementation, on the animalhotels.com website.
- Animalhotels will notify the User of any amendments to the Terms of Protection via email and/or via SMS to the number associated with the User's Account and/or via push notifications, 15 days prior to their entry into force.
- The User may not accept the changes to the Terms of Protection and, in this case, request the deletion of the Account by submitting an appropriate request within 15 days from the date of notification of the changes to the Terms of Protection. In the absence of such a request, the User shall be deemed to have accepted the changes without objections.
- Unless otherwise agreed, all changes to these Terms of Protection shall apply to all Customers, including Customers who began using the Website and/or the Application prior to such changes.
- All benefits available to the Customer under the Animalhotels Care will terminate immediately in the event of any action, lawsuit or claim being brought by the Customer against Animalhotels or its officers, directors, employees, contractors, agents, or affiliates regarding a recoverable claim under these Terms of Protection. An exception is the case of a lawsuit brought to enforce these Terms of Protection.
XI. Final provisions
- Any disputes arising from the incident may be settled amicably.
- Claims arising from inclusion in the Animalhotels Care under these Terms of Protection may be brought before the court of general jurisdiction or the court with jurisdiction over the Customer's place of residence.
- The Customer shall inform Animalhotels of any change to their personal data provided at the time of joining Animalhotels Care by contacting Animalhotels via e-mail at: info@animalhotels.com.
- In all matters not regulated by these Terms and Conditions of Protection, the provisions of the law applicable in the user's country of residence or in the country where the service is provided shall be applicable.