General Terms and Conditions
General Terms and Conditions of alao Deutschland GmbH for the comparison and execution of mobile, DSL, fixed-line and video-on-demand contracts
1. Area of application
- The following terms and conditions apply to the brokerage of mobile phone contracts and DSL, fixed line and video-on-demand contracts by alao Deutschland GmbH, headquartered in Düsseldorf, Germany, registered in the commercial register of the local court of Düsseldorf under HRB 94676 (hereinafter referred to as "alao"). alao does not provide mobile phone services or telecommunication services (DSL, fixed line, video-on-demand) itself. It acts exclusively as an intermediary for mobile, DSL, fixed network and video-on-demand contracts. alao is not involved in the provision of services.
- In case of a mobile, DSL, fixed network and video-on-demand contract, a mobile, DSL, fixed network and video-on-demand contract is exclusively concluded between the recipient of the service ("customer") and the service provider ("telecommunication service provider"). Within the scope of such a contractual relationship or in the case of further additional service/ and contractual relationships, the respective contractual conditions and the General Terms and Conditions (GTC) of the respective telecommunications service provider shall apply.
- Any terms and conditions of the customer deviating from the General Terms and Conditions of alao shall not apply unless alao expressly agrees to their application in writing.
2. Subject of the service
- alao provides free and non-binding information (online or offline) about prices and conditions in the selected service segment to customers by itself or with the help of third parties. The information provided on the website does not constitute a binding contract offer by alao or the respective telecommunication service provider.
- alao brokers mobile, DSL, fixed network and video-on-demand contracts on the basis of an offer made by the customer online or offline to enter into a service relationship with the respective telecommunication service provider. alao does not assume any obligations beyond the brokerage of mobile, DSL, fixed network and video-on-demand contracts. In particular, alao does not provide any telecommunication services itself (provision of mobile, DSL, fixed network and video-on-demand services). Any information about services and conditions or other information provided by alao does not constitute a consulting service to the customer, but is exclusively intended to facilitate the customer's independent decision on which alao has no influence.
- The customer receives online various proposals on prices and conditions of telecommunication service providers by alao. If the customer has decided on a certain proposal, he can make a binding offer online by clicking on the button provided for this purpose. A confirmation of the receipt of a booking request does not constitute an acceptance of the offer.
- Upon successful conclusion of a contract and in compliance with the following conditions listed under (e), alao will pay a credit note in a variable amount to its customers for telecommunications services (mobile, DSL, fixed network contracts) of individual telecommunications service providers. This credit is referred to as cashback. These promotions are limited in time. Customers receive the cashback as a one-time transfer to the bank account specified when applying for the mobile communications, DSL and/or fixed-network contract.
- alao is only obliged to pay out the cashback if the following conditions are met:
- Prerequisite for the payment of the cashback is the successful and sustainably secured conclusion of a contract after online application for a mobile phone, DSL and/or fixed network contract via alao.de, which has been identified as eligible on the alao website.
- The mobile, DSL and/or fixed line contract identified by alao as eligible must be activated by the customer, i.e. actively used by the customer and billed by the telecommunication service provider.
- No cashback shall be paid out for mobile telephony contracts cancelled, rejected, revoked by the customer or terminated by mutual agreement by the telecommunications service provider. Any cashback already paid out can be reclaimed by alao in these cases.
- After activation of the mobile, DSL and/or fixed network contract with the telecommunication service provider and expiry of the revocation period, the cashback will be paid out within 14 working days.
- Only the cashback amount valid at the time of the order for the mobile, DSL and/or fixed network contract applied for and successfully concluded will be paid out.
3. Warranty and liability
- alao makes every effort to ensure that the services, prices and conditions of the telecommunication service providers are always up to date and correct. The service and product-related information, in particular regarding the scope of services, prices and conditions, provided by alao are based on the information provided by the respective telecommunication service providers. As alao is not a service provider itself, the respective telecommunication service provider reserves the right to make changes.
- alao does not guarantee to include all telecommunication service providers available on the market in the selected service segment in the presentation of information on service or product related information.
- alao does not give any warranty regarding the suitability, availability or quality of the presented services of the telecommunication service providers and does not assume any liability for the availability of the presented services. The respective telecommunication service provider with whom the customer concludes the mobile, DSL, fixed network and video-on-demand contract is responsible for this. None of the information is a promise, guarantee or assurance by alao.
- alao is liable for intent and gross negligence as well as for damages resulting from injury to life, body or health caused by a culpable breach of duty by alao or by a legal representative or vicarious agent of alao. For damages resulting from a slightly negligent breach of material contractual obligations for which alao is responsible, alao is only liable for the foreseeable damage typical for the contract. Material contractual obligations are obligations the performance of which is essential for the proper performance of the contract with alao and on the performance of which the customer regularly relies and may rely. Apart from that, alao shall not be liable.
4. Obligations of the customer, prohibition of commercial use
- The input and transmission of personal data by the customer is done online via the input masks prepared by alao or via other transmission channels expressly provided by alao in the individual case. The customer is solely responsible for the completeness and correctness of all data entered or otherwise transmitted by the customer in the input mask. If the customer provides false, untrue or insufficient information, alao is entitled to leave the request unprocessed. In case the customer intentionally submits false or untrue personal data, alao reserves the right to exclude the customer from using the services offered or provided and to claim compensation for any damages incurred.
- The customer is obliged to immediately check the correctness of contract documents received from the telecommunication service provider - if applicable via alao - and to inform the respective telecommunication service provider about any discrepancies.
- The use of alao's services free of charge is only permitted to private individuals or companies for business purposes. The use of alao's services for commercial purposes or in the context of a self-employed professional activity in the field of mediation of service relationships or the use of the information offered is expressly prohibited.
- For each case of culpable violation of the prohibition of commercial or self-employed professional use, a contractual penalty in the amount of EUR 2,500 is agreed upon. alao is entitled to claim the contractual penalty in its entirety only after it has been forfeited several times. The combination of several individual acts into one legal unit is excluded (exclusion of the continuation connection). Notwithstanding the contractual penalty, alao may assert further claims for damages, against which a paid contractual penalty shall be credited, and exclude the customer from further use of the services offered or provided.
- All copyrights, rights of use or industrial property rights remain with alao.
5. Data Protection
- On the subject of data protection, please refer to the current data protection declaration (https://alao.de/en/page/privacy-policy/).
6. Notice on the participation in disputes in accordance with the Consumer Dispute Settlement Act
- In case of disputes arising in connection with alao's intermediary activities towards a consumer in the context of the conclusion of a contract, we point out that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
7. Final Provisions, Applicable Law; Agreement on Jurisdiction for Merchants
- These general terms and conditions are conclusively responsible for regulating the legal relationship between alao and the customer.
- The contractual relations of the parties shall be governed by the laws of the Federal Republic of Germany, excluding the conflict of laws provisions of the EGBGB. If the customer is a consumer with habitual residence in the European Union, mandatory statutory provisions on the limitation of the choice of law and on consumer protection of the EU country in which the customer has his habitual residence shall remain unaffected.
- Insofar as the customer is a merchant, a legal entity under public law or a special fund under public law, Düsseldorf is agreed as the exclusive place of jurisdiction.
Status: July 2022
© 2021 alao Deutschland GmbH