§ 1 Scope & Provider
These terms and conditions apply to the use of the Move-your-animal online brokerage platform, operated by VITALARISTA LLC (hereinafter referred to as the “platform"). They govern the relationship between the platform, customers (animal owners) and carriers (animal transport companies). The platform is intended for users in the European Union; mandatory EU consumer law applies (see § 9).
§ 2 Role of the platform (intermediary)
The platform is exclusively an intermediary within the meaning of EU Directive 2000/31/EC (E-Commerce). The transport contract is concluded directly between the customer and the transporter; the platform does not become a contracting party to the transport itself and does not owe any transport service. It provides the technical infrastructure (inquiry, offers, communication, tracking) and processes the online payments.
§ 3 Obligations of transport companies
- Valid EU animal transport authorization (Regulation (EC) No. 1/2005)
- Drivers' certificates of competence and valid animal transport insurance
- Compliance with maximum transport times (Type 1 ≤ 8 h, Type 2 for long journeys) and EU animal welfare transport regulations
- Accurate disclosure of vehicle, license, and insurance details
- Communication with the customer through the platform; no exchange of contact details (§ 6a)
§ 4 Prices, reservation fee & payment
The agreed price is the total price. This includes the 10% reservation fee, which the customer pays online to the platform upon booking. It makes the booking binding and serves as the fee for the brokerage (§ 6). For the remainder, the customer selects one of the options offered by the transporter during booking. The breakdown is shown prior to booking.
- Remaining balance in cash upon arrival: The customer only pays the reservation fee online. They pay the remaining 90% in cash to the transporter upon arrival.
- 50% down payment: The customer pays half the price online. This includes the reservation fee and a 40% down payment of the price for the transporter. They pay the other half in cash to the transporter upon arrival.
Amounts paid online that are due to the transporter are accepted by the operator on behalf of the transporter and paid out to them after completion of the transport (§ 6). In this respect, the customer has fulfilled their payment obligation toward the transporter by paying the operator. There is no separately held escrow account. The online payment is processed by the payment service provider Stripe, and the payout to the transporter is also handled via Stripe.
§ 5 Cancellation & Refund
When a booking is made, the space on the route is reserved for the customer and blocked for other requests. Cancellation by the customer through the platform is therefore not available; the reservation fee remains due. Until confirmation by the transporter, a request can be withdrawn at any time — no fee is incurred at that point.
In exceptional cases — such as illness of the animal, death, official restrictions, or a cancellation by the transporter — the customer contacts support. The operator decides on a refund on a case-by-case basis; if the transporter cancels or fails to appear, the reservation fee is refunded. Actually incurred payment service provider fees may be deducted.
The respective carrier's terms also apply to the transport contract itself. Consumers' statutory rights (§ 8) remain unaffected.
§ 6 Platform compensation
The platform is financed exclusively through the reservation fee (brokerage fee) of 10% of the agreed transport price. The customer pays this fee online to the operator upon booking; it is part of the agreed price and is not charged additionally. The transporter receives the remaining 90% of the agreed price: cash upon arrival or, in the case of a deposit, partly through payout by the operator and partly in cash upon arrival (§ 4). Payouts are made via Stripe no earlier than three days after delivery to the account the transporter has registered with Stripe. For this, the transporter verifies their identity with Stripe before the first booking. If an incident has been reported for a booking, the payout will only be made once it has been resolved. The share of actual payment service provider fees incurred that applies to the payout amount is deducted; it is shown separately in the payout. The online payment incurs no surcharge for the customer. For transporters, there are no registration fees and no monthly fees. The breakdown is clearly displayed to both parties before the contract is concluded.
§ 6a Communication via the Platform
All communication between the customer and carrier — arrangements for the trip, questions, supporting documents and payment — takes place via the platform. Sharing contact details is not permitted. This includes landline and mobile phone numbers, email addresses, messenger IDs (such as WhatsApp, Telegram, Signal, Instagram) and disguised versions that amount to the same thing, such as numbers written out as words or “name at provider dot com".
There are two reasons for this. First, the platform is funded exclusively by the reservation fee (§ 6); anyone who uses the brokerage service and then handles the job outside the platform circumvents this fee. Second, in the event of disagreements about the price, date or condition of the animal, only what is documented here counts — the operator can neither verify nor assess agreements made in private chats.
Messages containing contact details are rejected by the system. In the event of repeated or obvious attempts to circumvent this rule, the operator may block bids, temporarily deactivate the account, and retroactively charge the reservation fee for successful arrangements.
Exception for carrying out the transport: To facilitate the handover of the animal, the platform provides both parties with the necessary pickup details. You may also arrange direct contact on the day of transport if needed to carry it out; price agreements and documentation must continue to be handled exclusively through the platform.
§ 7 Customer Obligations & Conduct
The customer provides truthful information regarding the animal, route, and required documents and pays the agreed price via the method chosen during booking (§ 4). Required animal and veterinary documents (e.g., equine passport, EU pet passport, TRACES) must be provided in good time. Communication with the transporter takes place via the platform (§ 6a).
§ 8 Right of Withdrawal for Consumers (EU)
Under the EU Consumer Rights Directive (2011/83/EU), consumers generally have a 14-day right of withdrawal for the brokerage service provided through the platform. The right of withdrawal expires if the brokerage service has been fully performed with the consumer's express consent before the consumer exercises their right of withdrawal.
For the transport contract itself, the right of withdrawal may be excluded under Art. 16 lit. l of the Directive if a specific date or period has been agreed for the transport. Details about withdrawal and the model withdrawal form will be provided to the consumer before the contract is concluded.
§ 9 Liability
As an intermediary, the platform is liable only for intent and gross negligence, for breaches of essential contractual obligations (cardinal obligations), and for damage resulting from injury to life, limb or health. The carrier alone is liable for carrying out the transport and for harm to the animal under the transport contract and its insurance. Mandatory statutory liability provisions remain unaffected.
§ 10 Governing law, dispute resolution & jurisdiction
For consumers whose habitual residence is in the EU, the law of their country of residence applies; the mandatory consumer protection provisions of that country remain applicable at all times and cannot be restricted by these terms and conditions. In all other cases (particularly for businesses), the law applicable at the platform's registered office applies.
Consumers may contact a consumer arbitration board for out-of-court dispute resolution. The platform is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless required by law.
