Geschäftsbedingungen

ARTICLE 1 DEFINITIONS OF KEY TERMS
ARTICLE 2 SERVICES PROVIDED
ARTICLE 3 USE OF THE WEBSITE AND CREATION OF AN ACCOUNT
ARTICLE 4 FINANCIAL TRANSACTIONS REGARDING THE RENTAL/OVERNIGHT FEE
ARTICLE 5 CANCELLATION POLICY
ARTICLE 6 COMPLIANCE WITH APPLICABLE LAW(S), REGULATIONS AND AGREEMENTS WITH THIRD PARTIES
ARTICLE 7 APPLICABLE LAW AND DISPUTE SETTLEMENT
ARTICLE 8 LIABILITY AND INSURANCE
ARTICLE 9 USE OF THE WEBSITE
ARTICLE 10 PERSONAL DATA & COOKIES
ARTICLE 11 TERMINATION
ARTICLE 12 MISCELLANEOUS

GENERAL TERMS & CONDITIONS CAMPSPACE B.V.

Campspace (hereafter known as “Website”) is a web platform, accessible at www.campspace.com operated by Campspace B.V., with its registered office located at Hendrik Figeeweg 1, Hall 2, Unit 007, 2031BJ Haarlem, the Netherlands. The company is registered with the Dutch Kamer van Koophandel under the ID number 671 558 63.

ARTICLE 1 DEFINITIONS OF KEY TERMS

The following definitions have the same meaning in the singular or plural.

“CAMPSPACE” means the Private Limited Company CAMPSPACE B.V., with corporate number (KvK number) 67155863, located Hendrik Figeeweg 1, Hall 2, Unit 007, 2031BJ Haarlem, the Netherlands

“Website“ means the website www.campspace.com and any other website of (mobile) application through which CAMPSPACE makes the Services available.

“Listing” means an internet post on the website regarding any Camping Spot, listed by a Host as available for rental through the Website.

“User” means any natural/physical person - Guests, Hosts and Scouts - who creates an account on the Website, over the age of 18 and with full legal capacity.

“Guest” means any User requesting the booking of a Camping Spot from a Host through the Website, or a User who stays at a Camping Spot.

“Host” means any User who creates a Listing of a Camping Spot on the Website or accommodates a Guest in his or her stay at the Camping Spot.

“Scout” means any User requesting the booking of a Camping Spot from a Host through the Website, or a User who stays at a Camping Spot free of charge and will provide high resolution pictures and a review for the website.

“Camping Spot” means an accommodation that is listed by a Host through the Website as available for usage and/or rental.

“Campspace Chat” means the online communication feature on the Campspace website.

“Chargeable” means the sum of the rental fee, products and services booked by the Guest.

“Services” means any service provided by CAMPSPACE as mentioned in Article 2.

“Overnight Fee” means rental fee, set by the Host in a “Listing”.

"Terms and Conditions" means these general booking and terms of use.

ARTICLE 2 SERVICES PROVIDED

2.1 Through the Website or the Services CAMPSPACE provides an online platform or marketplace that connects Hosts who have Camping Spots to advertise with Guests seeking to use and/or rent such Camping Spots. The Services can be used to facilitate the Listing and booking of Camping Spots. It is possible to view Camping Spots as an unregistered visitor to the Website. If you want to book a Camping Spot or create a Camping Spot however, you first have to register to create a CAMPSPACE Account and become a User.

2.2 CAMPSPACE will never be a party to any agreements entered into between a Host and a Guest. Users understand and agree that CAMPSPACE does not act as an insurer, a contracting agent. CAMPSPACE is not an owner, operator or provider of any Camping Spot. CAMPSPACE has no control over the conducts of Hosts, Guests, Scout and other Users.

2.3 CAMPSPACE cannot and does not control the Content contained regarding any Camping Spot or Listing and the condition, legality or suitability of any Camping Spot. All the disclosed content concerning and regarding Camping Spots through the Website is based on the information and content provided by the Hosts. Although CAMPSPACE will use reasonable skill and care in performing our Services, CAMPSPACE will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, up-grade or maintenance of the Services and/or Website), inaccurate, misleading or untrue content or non-delivery of content concerning and regarding Camping Spots. Each Host remains solely responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed through the Website.

2.4 The Users have sole responsibility when interacting with other Users. The Services merely provided an online platform or marketplace that connects Hosts who have Camping Spots to advertise with Guests seeking to use and/or rent such Camping Spots. CAMPSPACE is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between Users or between Users and third parties. CAMPSPACE has the right, but has no obligation, to monitor interactions between Users.

2.5 Unless explicitly specified otherwise, CAMPSPACE’s responsibilities are limited to
I. facilitating the availability of the Website and/or the Services; and
II. serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Hosts.

2.6 The User acknowledges that CAMPSPACE acts as an intermediary on behalf of and on behalf of the guest and host. CAMPSPACE will under no circumstances be held liable with respect to Services that the guest has booked with one or more hosts.

ARTICLE 3 USE OF THE WEBSITE AND CREATION OF AN ACCOUNT

3.1 CAMPSPACE grants limited dismissible, nonexclusive, nontransferable access to personal Services. Any use of the Website to the contrary is strictly prohibited and constitutes a breach in contract.

3.2 All hardware and software necessary to access the Website and use of the Services are at the sole responsibility of the User.

3.3 CAMPSPACE reserves the right to suspend, modify, replace, refuse access or remove the accounts of any User at their discretion.

3.4 Users are prohibited from:

• Transmitting, publishing, saving or destroying material, especially any CAMPSPACE content that is in direct violation of the laws and regulations concerning the collection, processing or transfer of personal information;
• Creating false profiles;
• Providing inaccurate information in the registration;
• Distributing data, information, or content that is defamatory, abusive, obscene, offensive, violent or inciting violent, political, racist, or xenophobic character or any other content that is acting in immoral behavior;
• Referencing or linking any content or information that is available on the CAMPSPACE Website, unless explicitly authorized by the present Conditions;
• To get other Users’ passwords or personal information;
• The use of information, content or data contained on the Website in order to provide information to any service that would be considered competition to CAMPSPACE;
• To sell, exchange, make money off of information, content or data contained on the Website or Service offered through the Website without express written consent of CAMPSPACE;
• Removing or editing any material published by any other person by the Website, particularly in the context of an invitation from a new contact.
• Reverse engineering, decompiling, disassembling, decrypting, or otherwise attempting to obtain source code related to any intellectual underlying intellectual property used to provide some or all of the Services;
• To use manual or automatic software, coding robots or other means to access the Website in an attempt to extract or index any page on the Website;
• Endangering or attempting to endanger the security of the CAMPSPACE Website. This includes any attempts to control, scan or test the vulnerability of the system or network to breach security or authentication measures without express prior authorization;
• Counterfeiting or use of the products, logos, trademarks or other material protected by CAMPSPACE’s intellectual property rights;
• Simulate the appearance or function of the Website, in effect mirroring the Website;
• Disrupting or disturbing, either directly or indirectly, CAMPSPACE or their Services, or imposing a disproportionate burden on the infrastructure of the Website or attempt to transmit or activate a computer virus via or through the Website.
• Exchanging any form of personal information (e.g. telephone numbers, e-mail addresses, social media accounts) or other (business) information that is not required for immediate contact or reaching or finding the Camping Spot in the Campspace chat.
• Posting any form of link (including posting hyperlinks and URL addresses) redirecting the Guest to the Host’s website, social media accounts or any other form of referring the Guest to the Host’s camping business that is not affiliated with CAMPSPACE or has created an account on the Website.

3.5 Users are reminded that any violation of the security of the system or network can lead to civil and criminal prosecution. CAMPSPACE checks for any violations and can call on judicial authorities to prosecute, when appropriate, of users involved in any such violations. Users agree to use the Website in a fair manner, in accordance with its professional purpose, while complying with the law and the rules presented in the Terms and Conditions.

ARTICLE 4 FINANCIAL TRANSACTIONS REGARDING THE RENTAL/OVERNIGHT FEE

4.1 Any form of payment of any fee or transaction will be done in Euro’s only. Any additional costs deriving from the transfer of currencies other than Euro’s in Euro’s will be made on the expense of the User(s).

4.2 Assuming a User books a Camping Spot via the Website. Payment is done exclusively online via the Website, using the services provided by CAMPSPACE on their website.

4.3 CAMPSPACE receives an amount of €4.00 of administration costs for each booking and a commission of 10% of the Overnight Fee. The price of the Overnight Fee is set by the Host for each Camping Spot and is to be paid in full by the Guest.

4.4 CAMPSPACE uses the secure payment service provided by the company Buckaroo. Users using the payment system recognize and accept the Terms and Conditions of Buckaroo. CAMPSPACE has no access to confidential bank data.

4.5 If a Guest places a request for rental of a Camping Spot, the Host is required to accept or decline said request. The Guest is committed to their reservation as soon as it is accepted by the Host and the Transaction/Rental Fee is paid in full. In case the Host had declined the reservation, the reservation is to be considered as cancelled and the payment is fully cancelled. The cancellation policy for Guests will be further elaborated upon in ARTICLE 5.

4.6 The payment will be deposited into the bank account of the Host. Any additional costs required by Host’s bank will fall on the account of the Host. CAMPSPACE is not responsible for payment of these additional costs required by the Host’s bank.

ARTICLE 5 CANCELLATION POLICY

5.1 If a Guest cancels a reservation at least 30 days before the arrival date, they will receive a full refund, minus €4.00 administration costs and 10% commission ). If the Guest cancels within 30 days before the arrival date, there will be no refund.

5.2 A Host can cancel a booking after contacting CAMPSPACE directly. From there on CAMPSPACE will follow up on the Host’s request, to discuss possible solutions.

ARTICLE 6 COMPLIANCE WITH APPLICABLE LAW(s), REGULATIONS AND AGREEMENTS WITH THIRD PARTIES

6.1 As a Host, you are strictly advised to review the local laws and regulations before listing a Camping Spot through the Website.

6.2 Hosts have to understand that their respective legislations (national, municipal for example) can have laws that regulate and restrict their possibility to host paying Guests for short periods. In many cities, hosts have the obligation to register, get a permit or obtain a license before listing a Camping Spot or accepting Guests. Hosts must also keep in mind that the laws that regulate and restrict the possibility to host paying Guests for short periods are often part of their city’s zoning or administrative codes. Sometimes, certain types of short-term bookings can be prohibited altogether. These laws and regulations often impose penalties (including fines or other enforcements) for violating these laws and regulations.

6.3 Any Host represents and warrant that any Camping Spot, and the booking of, or a Guest’s stay at a Camping Spot the Host creates

• will not breach any agreement you have entered into with any third parties, such as homeowner association, condominium, lease or rental agreements, and
• will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Camping Spot you post (including having all required permits, licenses and registrations), and not conflict with the rights of third parties.

6.4 By using and browsing the Website you represent and warrant that you will not use the Services if the laws of your country prohibit you from doing so in accordance with these Terms and Conditions.

6.5 It is the sole responsibility of the Hosts to comply with all the applicable laws, regulations and agreements entered into with third parties. CAMPSPACE does not assume any responsibility for a Host’s compliance with any agreement with or duties to third parties, applicable laws and regulations.

ARTICLE 7LIABILITY AND INSURANCE

7.1 CAMPSPACE does not control the accuracy of the content generated by the Users, therefore, CAMPSPACE does not guarantee the accuracy of the information provided in the content and would in no way be held liable for this information. Only the User, with the exception of CAMPSPACE, is responsible for all data and information concerning what they have provided, that the given information is not accessible by the public and more generally, the User is solely responsible for their use of the Website. CAMPSPACE is under no general obligation to monitor the information provided by Users, nor under any obligation to delete content that would not appear to be unlawful, despite the description. CAMPSPACE does not guarantee that the use by the User of the Website will not infringe on the rights of other third parties.

7.2 CAMPSPACE does not guarantee the legality of the activity offered by the Host on their Camping Spot and in particular through the Website, nor the use of the Camping Spot by the Guest. Therefore, it is up to the Users to ensure the legality of the camping or other activities they plan and organize the legal and financial terms of their relationship they are solely responsible.

7.3 CAMPSPACE shall in no event be liable especially for: - The consequences of virtual or real meetings between Users following use of the Website;

• The legality of Ads published on the Website;
• For any damage resulting from any wrongdoing caused by the User, or any and all events attributed to a third party unconnected with the coverage of the electronic signature service, or in the event of an act of God.

7.4 For all services offered on the Website, CAMPSPACE does not in any case guarantee the quality of rented Camping Spots; the role of CAMPSPACE is limited to facilitating to use and/or rent between the Hosts and the Guests. More generally, CAMPSPACE is not responsible in any capacity whatsoever for third party acts carried out by the Users via the Website. It is recalled that the data published by the Users and the information shared by them can be received and used by other Users or third parties. In this sense, CAMPSPACE does not guarantee respect for the property of these data, it the User’s responsibility to take all necessary measures to protect their own data.

7.5 CAMPSPACE does not guarantee the uninterrupted or error-free operation of the Services; CAMPSPACE is especially not to be engaged in case of interruption of access to the Website due to maintenance, updates, or technical improvements.

7.6 In case of damages to property of the Host, the Host can, under strict conditions and under some circumstances, file a claim with CAMPSPACE in accordance to the “CHIP” (CAMPSPACE Host Insurance Plan). After the filing of the claim, CAMPSPACE will evaluate if the damages are in any war to be covered by the CHIP insurance. The requirements and conditions of the CHIP insurance can be found at this page.

ARTICLE 8 USE OF THE WEBSITE

8.1 The entire content of the site including, the design, text, graphics, images, videos, information, logos, icons, software, audio, and etc. that belongs to CAMPSPACE, which is the sole owner of all of the intellectual property rights. Any representation and/or reproduction and/or partial or total use of content and services offered by CAMPSPACE, by any means whatsoever without the prior written permission of CAMPSPACE is strictly prohibited and will lead to prosecution.

ARTICLE 9 PERSONAL DATA & COOKIES

9.1 All personal data given by Users to CAMPSPACE are collected legally and fairly. This data provided by the Users, who agree by creating an account on the Website, that they are voluntarily and expressly authorizing CAMPSPACE to process the data according to the Terms and Conditions.Your details will be used to complete the booking. Your personal data will then be stored in our database.

9.2 To facilitate the use of the Website and customize the experience of the Website by the User, CAMPSPACE uses cookies and log files. Changing the browser settings can disable the use of cookies. The personal data is stored on the CAMPSPACE servers for their treatment in the Terms and Conditions. They are kept as long as necessary for the provision of services and features offered by the Website The User still retains ownership of the information given to CAMPSPACE.

It has, in accordance with Law No. 78-17 on the 6 th of January 1978 amended by Act No. 2004-801 on the 6th of August 2004, a right of access, of the correction and the deletion of personal data concerning the User and the right to oppose the disclosure of such data to third parties for valid reasons. The User may exercise their right by writing to the following address: support@campspace.com or at the following mail address: Hendrik Figeeweg 1, Hall 2, Unit 007, 2031BJ Haarlem, the Netherlands A response to the User’s request will be sent within 30 days.

ARTICLE 10 TERMINATION

10.1 Guests can terminate any existing contract by meeting the requirement of the Cancellation Policy. Hosts can only terminate this Contract if he has met all his obligations resulting from the contract. A Host cannot, therefore, terminate this contract before all existing reservations are handled. CAMPSPACE reserves the right to restrict, suspend or terminate, without notice or refund, the account of any User who uses the Services improperly or inappropriately. The judgment of User behavior is reserved to the discretion of CAMPSPACE.

ARTICLE 11 MISCELLANEOUS

11.1 The present Contract constitutes the entirety of the agreement between the User and CAMPSPACE. It supersedes any prior contract agreement, written or verbal. The fact that any of the provisions of the Contract is or becomes illegal or unenforceable shall not affect in any way the validity or enforceability of the remaining provisions of the Contract.

11.2 CAMPSPACE reserves the right to amend, supplement or replace these Conditions. In case of refusal of the new provisions by the User, it is reminded that the User may at any time, in accordance with Article 11, terminate this Contract.

ARTICLE 12 APPLICABLE LAW AND DISPUTE SETTLEMENT

12.1 The conclusion, interpretation and validity of this Contract shall be governed by Dutch law, whatever the country of origin of the User or the country from which the User accesses CAMPSPACE and notwithstanding any principles of conflicts of laws. In the event that a dispute over the validity, performance or interpretation of this contract is brought before the civil courts, it will be subject to the exclusive jurisdiction of the courts of the Netherlands, located at Prins Clauslaan 60, 2595 AJ Den Haag.

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01 July 2021