gehgassi GmbH “gehgassi”
GENERAL TERMS AND CONDITIONS
Status July 2022
- Scope of application, severability clause:
- The following General Terms and Conditions (“GTC”) apply to all consumers or entrepreneurs (hereinafter referred to as “Members”) who use the Internet offer of gehgassi GmbH (accessible at: https://www.gehgassi.com). Members submit to and assume responsibility for compliance with, and liability for, these General Terms and Conditions, of which they are demonstrably aware, as well as all relevant statutory provisions.
- Deviations from these terms and conditions as well as amendments and additions to concluded contracts must be made in writing. This also applies to the waiver of the written form requirement. Deviating general terms and conditions of the members are rejected.
- Should one or more provisions of the present General Terms and Conditions be invalid because they violate (or violate) mandatory law, the validity of the remaining provisions shall remain unaffected.
- Members can save and print these GTC as a PDF file at any time.
- Contracting party and conclusion of the contract:
2.1. The operator of the placement agency is the
5020 Salzburg, Judengasse 12/2, FN 580181h
Managing Director: Sophie Zimmermann, Kilian Wirl
2.2. gehgassi GmbH is a placement agency of and for dogwalkers and sitters as well as dog owners in Austria. The object of gehgassi GmbH is the activity of mediation of dogwalkers and dog owners. gehgassi GmbH is not involved in individual contractual relationships between members as a contractual partner.
2.3. The use of the mediation app requires free registration of the members. By completing the registration process, members confirm that they have reached the age of 18 and that they have sufficient legal capacity for the registration process. Members confirm that they have provided all personal data (name, e-mail address, address, telephone number) completely and truthfully.
2.4. Subsequently, members receive an automated registration confirmation by e-mail or SMS, in which the user data required for logging in are listed.
Members can then create a user profile and choose a password on the website or in the app (“…”). Members have the option to abbreviate their name. The content of the user profile is, in addition to abbreviated personal information (first name, initial last name), the creation of animal profiles or, as a dogwalker and dog sitter, the specification of personal characteristics and experience.
After successfully creating a user profile, members can access other user profiles and search for dogwalkers or sitters and dog owners in their area.
- Rights and obligations of members:
3.1. Members can either offer their services as dogwalkers or dog sitters for a fee, or as dog owners looking for a suitable dogwalker/sitter.
3.2. Members undertake not to use the platform offered by gehgassi GmbH in an abusive manner and in particular to refrain from the following:
- the dissemination, transfer and publication of third party information acquired in the course of using the website/app without consent;
- to use the platform of gehgassi GmbH for illegal purposes and purposes that contradict these GTC;
- Insult, deceive, cheat or engage in any other criminal conduct against any other member;
- to use the platform of gehgassi GmbH in order to harm it or to change, copy or develop a similar platform based on the idea;
- to send or publish illegal or immoral content;
3.3. gehgassi GmbH reserves the right to delete or block members without giving reasons and without prior notice, as well as to deny them a new registration. Members are not entitled to registration or activation and use of the gehgassi GmbH platform.
3.4. Furthermore, gehgassi GmbH reserves the right to delete or block member content that contradicts the GTCs without giving reasons and without prior justification.
3.5. gehgassi GmbH is entitled at any time to extend and limit the scope of services offered on the platform or even to delete them without giving reasons and prior notification.
4.1. gehgassi GmbH endeavors to provide persons who reliably and with great care and attention take care of the animals of the members by obliging them to indicate essential characteristics and knowledge of the members, but cannot give any guarantee and assumption of liability for their behavior and especially not for their reliability and demeanor. The members undertake to indemnify and hold gehgassi GmbH harmless for all claims arising from the mediation activity as well as claims of third parties relating to the contents of the members.
4.2. gehgassi GmbH assumes no liability for the accuracy of the information provided by the members and provides no guarantee for the qualifications and suitability of the members.
4.3. The provision and publication of members’ information on the website or in the gehgassi GmbH app is the sole responsibility of the members. Members are liable for all resulting damages as well as encroachments on the competition, labeling, personality, copyright or other rights of third parties.
4.4. Compliance with all provisions of labor law, social security law, tax law and, where applicable, the law relating to foreign nationals, including the associated payment and tax obligations, is the sole responsibility of the members. Likewise, compliance with all legal provisions relevant to the provision of services, in particular the conclusion of any insurance policies (liability, accident, health or other insurance) is the exclusive responsibility of the members.
4.5. gehgassi GmbH assumes no liability for non-compliance with services agreed between members; there is no substitute mediation between members of gehgassi GmbH.
- Payment processing for services against payment :
5.1. Members can offer their services for a fee.
5.2. For the execution of payments gehgassi GmbH uses the payment service provider MANGOPAY SA, a public limited company under Luxembourg law, with its registered office at 2 Avenue Amélie, L1125 Luxembourg and registered in the Luxembourg Trade and Companies Register under number B173459, authorized to operate in the European Economic Area under the freedom to provide services, licensed as an electronic money institution by the Luxembourg Financial Market Supervisory Authority (CSSF), 283 route d’Arlon L-1150.
5.3. Please read carefully the Terms and Conditions for using the MANGOPAY SA service and electronic money. Should you wish to use the offer, you must read these Terms and Conditions and accept them as part of the registration process. You confirm that you are a resident of Austria. You undertake to leave the website reserved for these users, at MANGOPAY_Terms-DE.pdf if necessary, and to connect to the website of the country in which you are resident, where you will find the terms and conditions that apply to you.
5.4. The following payment options are available to the Members when using the payment service provider MANGOPAY SA, which are indicated on the website/app in the booking mask:
- Credit card (Visa, Mastercard, CB, AMEX, Diners including 3D-Secure);
- Immediately Klarna;
- Bancontact/Mister Cash;
- Cancellation policy, right of withdrawal:
6.1. Members who are consumers iSd. § Pursuant to Section 11 FAGG, customers who are parties to a distance contract under Section 1 KSchG may withdraw from a distance contract within 14 days without stating any reasons.
6.2. The withdrawal period is 14 days from the day of the conclusion of the contract.
6.3. The revocation is to be made vis-à-vis the
5020 Salzburg, Judengassi 12/2, FN 580181h
Managing Director: Sophie Zimmermann, Kilian Wirl
by means of an unambiguous declaration by e-mail, letter or by clicking the button “Cancellation” in the mask … show . The revocation period shall be deemed to have been observed if the declaration of exercise of the revocation was sent before the expiry of the revocation period.
6.4. If members have exercised their right of revocation, all payments already made shall be returned immediately, at the latest within 14 days of receipt of the notice of revocation. The same means of payment that was chosen when the booking was made will be used for the refund. No fees will be charged for the repayment. gehgassi GmbH assumes no liability for any delayed repayment by Stripe Payments Europe, Ltd.
6.5. If the services are already used by members during the revocation period, an appropriate fee shall be due for the services provided up to the time the right of revocation is exercised. If the service has already been provided in full, no revocation is due.
6.6. Consumers receive pursuant to § 7 para. 3 FAGG within a reasonable period of time after the conclusion of the contract, but at the latest before the service is provided, the consumer shall be provided with a confirmation of the concluded contract on a durable medium (e-mail or SMS), unless he has already provided this information to the consumer on a durable medium before the conclusion of the contract.
- Alternative Dispute Resolution:
7.1. The EU Commission provides a platform for online dispute resolution on the Internet athttps://ec.europa.eu/consumers/odr. The platform serves as a contact point for the out-of-court settlement of disputes arising from online service contracts involving a consumer.
gehgassi GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
- Change Services of gehgassi GmbH as well as their terms and conditions:
8.1. gehgassi GmbH is constantly striving to improve its services and to offer members additional services. Further development of the gehgassi GmbH services may result in individual services, offers and functions being changed, deleted, paused or extended. gehgassi GmbH expressly reserves the right to make any and all changes to its services without notice.
8.2. gehgassi GmbH expressly reserves the right to change these general terms and conditions at any time. Members are informed of the changes made either by e-mail or directly in the gehgassi GmbH app. Members have the possibility to object to the changes of the general terms and conditions in writing within 6 weeks. If an objection is not made within the set period and the members continue to use the services of gehgassi GmbH, the consent to the changes is assumed. If the change is objected to, gehgassi GmbH is entitled to deny the objecting member further use of its services.
9.1. The protection of members’ personal data is of particular concern to gehgassi GmbH. gehgassi GmbH refers to its separate information on the use of personal data, available at www……. Members must agree to the contents of the data protection declaration separately.
10.1. If the members are not consumers as defined by the law. § 1 of the Austrian Consumer Protection Act (KSchG), it is agreed that all disputes arising from the business relationship entered into with gehgassi GmbH shall be settled by the court having local and subject-matter jurisdiction for the registered office of gehgassi GmbH.