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Terms & Conditions
Terms & Conditions
§ 1 Scope and defense clause
CHP Services GmbH runs a website under the domain www.chimpando.com (hereafter referred to as Chimpando) where flyers (hereafter referred to as customers) and freelancing flight experts (hereafter referred to as experts) come together.
The following terms and conditions govern all use of the Chimpando website and all content, services and products available at or through the website, including, but not limited to, Chimpando.com and its sub-domains. The Website is owned and operated by Chimpano GmbH. By using the website you agree with and are bound to the terms and conditions stated on this page. Chimpando receives the right to update and modify those terms and conditions. If you do not agree with all terms, then you may not access the website nor use any service.
General terms and conditions of the customer which vary from these terms shall not become a contract component
§ 2 Conclusion of the contract
1) By submitting a flight request a contract between the customer and Chimpando is concluded. The customer assigns Chimpando to look for suitable flight at airlines, travel agencies or other travel suppliers. When the contract is concluded the customer has to pay a one-time fee, that is not refundable in general, because workload is generated right after the conclusion.
2) However a refund of the fee is possible in the following cases:
- The customer doesn't receive any flight options.
- The customer finds a flight, that meets his requirements, has the same quality and is less expensive than the paid fee and the price of the cheapest option, submitted by the experts added together. If we cannot verify the stated price, the customer has to prove the availibility with a screenshot and a description of the source. In that case the the customer either receives a full refund or the difference between the flight that he found by himself and the price (for all passengers) of the cheapest option, added with the paid fee. The entitlement only valid for 24 hours after the request is finished. The prices for all passengers will be compared.
Once the customer selected an option, and the option is bookable he cannot claim a refund anymore.
3) The options, submitted by the experts do not constitute a binding offer of contract. If the customer selects an option and wants to have it booked by an expert, he gives a binding contract offer to Chimpando. This offer includes the price of the trip and the booking fee of Chimpando. Both must be paid right after submitting the offer. An acknowledgement of receipt is no acceptance of the offer. The booking confirmation represents the acceptance of the offer. With the selection of an offer the customer authorizes Chimpando to collect possible refunds and compensations from the airline for a fee of 25% of the airline's payment. If the offer can not be accepted, due to changaed availabilities, the price for booking added with the booking fee will be refunded to the customer.
4) The customer shall be liable for the contractual obligation of all passengers. Furthermore he ensures the correctness of the entered data. Chimpando is not liable for textual or spelling mistakes. Subsequent changes lead to higher costs, if possible at all.
5) It's essential that the names of the passengers that are transmitted to Chimpando are correct. Most scheduled flights require instant ticketing subsequent changes are not possible or lead to higher costs, that are subject to the terms of the travel supplier.
§ 3 Exclusion of liability
1) Chimpando is neither involved in the provision of the travel service itself nor does Chimpando ensure the quality, suitability or the availability of the travel service at time of the booking, but acts only as travel mediator.
2) Possible demands, that arise from the contract between the customer and the travel supplier are to assert at the travel supplier under consideration of the required form and deadline.
§ 4 Follow-up costs
If costs incur for Chimpando or the travel supplier (e.g. fees for payment methods) Chimpando reserves the right to charges these costs from the customer. Moreover Chimpando reserves the right to charge possible redebiting fees from the customer.
§ 5 Service recipient of travel services
For any booking made by Chimpando for a customer, the customer will be the service recipient of the travel service. Chimpando advances the costs for the customer. The customer can (if he's a business customer) deduct the VAT, as Chimpando will treat the costs for the flight as pass-through item.
§ 6 Cancellation policy
According to § 312b para. 3 no. 6 BGB, there is no right of withdrawal neither for flight requests nor for flight bookings. When creating a flight request the user agrees that the given service starts immediately and thus no cancellation is possible.
§ 7 Referral program
For any new request, created by a customer, referred by another customer (referral) with his referral link, the referral receives 10% of the request fee. After the request closes the amount will be added to his balance, that can be seen on the dashboard. The referral cookie is valid for 15 days. The minimum amount to withdraw is 50€ and the payout fee is 2€
§ 8 Data protection
Chimpando shall not forward personal data to other external third parties, unless there is an obligation in this respect decreed by authorities or customers have expressly given their additional consent to do so. For registration and flightrequests email-address, username, chosen language and a crypted version of the password will be stored. For flight bookings the passanger's names, birth dates, passportnumbers and expiration dates as well as the buyer's address and contact details will be collected. If necessary for a concluded contract, the customer's data may be forwarded to the travel suppliers (e.g. airlines). If you wish inspection, rectification, blocking or erasure of your personal data stored at Chimpando, please contact us.
§ 9 Choice of law and place of jurisdiction
1) Any mediation contracts are subject to the law of the Federal Republic of Germany and have to be decided according to this law with the exclusion of UN purchasing law (CISG). The foregoing provisions regarding the governing law apply to consumers only to the extent that granted protection by mandatory statutory provisions of the country, in which the consumer maintains its customary residence is not withdrawn.
2) If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a separate property under public law, the place of jurisdiction for all disputes arising from the processing of this contractual relationship is agreed as the headquarters of CHP Services (Aschaffenburg). The capacity to appeal to another court of jurisdiction remains thereby unaffected.
§ 10 Invalidity of individual regulations
The ineffectiveness of single regulations of the mediation contract and/or these general terms and conditions does not have as a consequence the ineffectiveness of the entire contract. The ineffectivity of the organized travel contract does not effect the organizers contract. Ineffectiveness of any of the stated terms and conditions of business will not affect the validity of the remaining provisions.
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