Terms of service

Terms & Conditions

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Cancellation of Appointments

  5. Prices and Payment Terms

  6. Liability

  7. Applicable Law

  8. Jurisdiction

  9. Alternative Dispute Resolution

  10. Code of Conduct

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Volando GmbH (hereinafter "Provider") apply to all contracts for the provision of services concluded between a consumer or entrepreneur (hereinafter "Customer") and the Provider regarding the services presented on the Provider's website. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade or profession.

2) Conclusion of Contract

2.1 The service descriptions on the Provider's website do not constitute binding offers by the Provider, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Provider's website. After placing the selected services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to conclude a contract regarding the services in the shopping cart by clicking the button that concludes the order process.

2.3 The Provider may accept the Customer's offer within five days by:

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive; or

  • starting the performance of the service at the Customer's request and informing the Customer thereof; or

  • requesting payment from the Customer after placing their order.

If more than one of the above alternatives apply, the contract shall be concluded at the time when the first alternative occurs. The period for acceptance begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Provider's online order form, the contract text will be stored by the Provider after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax or letter) after their order has been submitted. Further access to the contract text is not provided. If the Customer has set up a user account on the Provider's website before submitting their order, the order data will be archived on the Provider's website and can be accessed free of charge by the Customer via their password-protected user account.

2.5 Before submitting the order via the Provider's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the order process.

2.6 The German language is available for the conclusion of the contract.

2.7 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Provider can be received. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Provider or by third parties commissioned with order processing can be delivered.

3) Right of Withdrawal

Consumers generally have a right of withdrawal. Detailed information on the right of withdrawal can be found in the Provider's withdrawal policy.

4) Cancellation of Appointments

4.1 Regardless of any statutory right of withdrawal, the Provider grants the Customer the right to cancel appointments for services free of charge under the following conditions (contractual right of withdrawal):

4.2 Any statutory right of withdrawal of the Customer is not affected by the contractual right of withdrawal above.

5) Prices and Payment Terms

5.1 Unless otherwise stated in the Provider's service description, the prices indicated are total prices including statutory VAT.

5.2 The available payment methods and terms will be communicated to the Customer on the Provider's website.

6) Liability

The Provider is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:

6.1 The Provider is liable without limitation for:

  • intent or gross negligence,

  • injury to life, body, or health caused intentionally or negligently,

  • a guarantee, unless otherwise agreed,

  • mandatory liability, such as under the Product Liability Act.

6.2 In the event of a breach of essential contractual obligations through simple negligence, the liability of the Provider shall be limited to the foreseeable, contract-typical damage, unless liability is unlimited pursuant to the clause above. Essential contractual obligations are those which the contract imposes on the Provider to achieve the purpose of the contract, the fulfillment of which is essential for the proper performance of the contract, and on whose compliance the Customer may regularly rely.

6.3 Otherwise, liability of the Provider is excluded.

6.4 The above liability provisions also apply to the liability of the Provider for its agents and legal representatives.

7) Applicable Law

7.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

7.2 Furthermore, this choice of law does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address are outside the European Union.

8) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Provider's place of business. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Provider's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's commercial or professional activity. In the above cases, the Provider is also entitled to invoke the court at the Customer's place of business.

9) Alternative Dispute Resolution

The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10) Code of Conduct

The Provider has committed to the participation conditions of the eCommerce initiative "Fairness im Handel," which can be viewed online at: https://www.fairness-im-handel.de/teilnahmebedingungen/