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 Hooglandse Kerkgracht
42,
2312HV Leiden, 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
CAMPSPACE: the
Private Limited Company CAMPSPACE B.V., with corporate number (KvK number) 67155863,
located
at Hooglandse Kerkgracht 42, 2312 HV Leiden.
Website: the website www.campspace.com and any other website of
(mobile) application through which CAMPSPACE makes the Services available.
Listing:
an internet post on the website regarding any Camping Spot, listed by a Host as
available
for rental through the Website.
User: Any natural/physical person -
Guests as well as Hosts - who creates an account on the Website, over the age of 18 and
with
full legal capacity.
Guest: 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: 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.
Camping
Spot: an accommodation that is listed by a Host through the Website as
available for usage and/or rental.
Services: any service provided by CAMPSPACE as mentioned in Article 2.
Overnight Fee: rental fee, set by the Host in a Listing.
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 Guest 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 or an intermediary. CAMPSPACE is not an owner, operator or
provider of any Camping Spot. CAMPSPACE has no control over the conducts of Hosts,
Guests
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, we 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 Members 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 Campers on behalf
of
the 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
Camper
books a Camping Spot via the Website. Payment is done exclusively online via the
Website,
using a credit card or a PayPal account in the name of the Guest.
4.3 CAMPSPACE
receives
an amount of €4 of administration costs for each reservation and an additional
commission of
7% 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 cost 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 commission
and
administration costs). 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 7 APPLICABLE LAW AND DISPUTE SETTLEMENT
7.1 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.
ARTICLE 8 LIABILITY AND INSURANCE
8.1 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.
8.2 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.
8.3 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.
8.4 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 meetings 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.
8.5 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.
8.6 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 9 USE OF THE WEBSITE
9.1 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 10 PERSONAL DATA & COOKIES
10.1 All personal data given 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.
10.2 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:
Hooglandsekerkgracht 42, 2312 HV Leiden, The Netherlands. A response to the User’s
request
will be sent within 30 days.
ARTICLE 11 TERMINATION
11.1 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 12 MISCELLANEOUS
12.1 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.
12.2 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.