TermsAndConditions - CAMPINN

 Last updated 1 June, 2018

 

Campinn Terms And Conditions

 

 INTRODUCTION

These terms and conditions, as may be amended from time to time (“T&C”), apply to all of CampInn’s services directly or indirectly made available online or offline, through any computer, mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the "Platform") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the T&C set out below (including the Privacy Policy).

CampInn’s T&C and any other information provided on the Platform, and the online reservation service, facilitation of payment service, becoming a host service and any other service provided through the Platform and through the website are owned, operated and provided by CampInn and are provided for your personal, non-commercial use only, subject to the T&C set out below.

Our collection and use of personal information in connection with your access to and use of the Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the Platform ("Payment Services") are provided to you by Stripe.

Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Product, as defined hereafter. Hosts are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Product they offer. Certain types of Products may be prohibited altogether. Penalties may include fines or other enforcement.

 

1.     DEFINITIONS

 

1.1.  “Agreement” means these T&C and that you are using and/or visiting the Platform and you agree to these T&C and the Privacy Policy (the “T&C”), and you expressly consent and agree to be bound by the T&C and all applicable laws and regulations that govern the Platform and your booking

1.2.  "CampInn", "us", "we" or "our" means CampInn Limited, company number 11402183, a limited liability company incorporated under the laws of the United Kingdom.

1.3.  "Platform" means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by CampInn.

1.4.  "Product" means the various different travel products and services that can be ordered, acquired, procured, purchased, bought, paid, rented, provided, reserved, combined or consummated by you from the Host and the method of payment and payment process.

1.5.  "Provider" means the professional provider or certain third party Host of a legal travel or travel related product or service who offer Products, as defined hereinafter as from time to time available for Reservation on the Platform (whether B2B or B2C).

1.6.  "Service" means the online purchase, order, (facilitated) payment or reservation service as offered or enabled by CampInn in respect of various products and services as from time to time made available by Host(s) on the Platform.

1.7.  “Members” mean registration of users of the Platform who order, acquire, procure, purchase, buy, pay, rent, consumer, reserve, combined or consummated of a Product(s) from Host(s).

1.8.  "Reservation" means the order, purchase, payment, booking or reservation of a Product on the Platform which has been confirmed on the Platform.

1.9.  “Listing” means a publication of availability of a Product(s).

 

2.     SCOPE OF CAMPINN’S SERVICE

 

2.1.  The Platform is an online marketplace that enables registered users as Hosts to publish their Products and to communicate and transact directly with Members that are seeking to book such Products.

2.2.  As the provider of the Platform, CampInn does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Products, nor is CampInn an organizer or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Products. When Members make or accept a booking, they are entering into a contract directly with a Host or Hosts. CampInn is not and does not become a party to or other participant in any contractual relationship between Members and Hosts, nor is CampInn a real estate broker or insurer. CampInn is not acting as an agent in any capacity for any Member or Host, except as specified otherwise in the T&C.

2.3.  While we may help facilitate the resolution of disputes, CampInn has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Products, (ii) the truth or accuracy of any Product descriptions, Ratings, Reviews, or other Member or Host’s content published by the Host only, or (iii) the performance or conduct of any Member, Host or third party. CampInn does not endorse any Member, Host or Product. Any references to a Member or Host being "verified" (or similar language) only indicate that the Member or Host has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by CampInn about any Member or Host, including of the Member's or Host’s identity or background or whether the Member or Host is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay or procure and participate in Product and any case accept a booking request from a Member, or communicate and interact with other Members or Hosts, whether online or in person. Images and descriptions provided by Members or Hosts are intended only to indicate representation of a Listing at the time the Listing was made, and are therefore not an endorsement by CampInn of any Host, Product or Member.

2.4.  If you choose to use the Platform as a Host, your relationship with CampInn is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of CampInn for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of CampInn. CampInn does not, and shall not be deemed to, direct or control you generally or in your performance under these T&C specifically, including in connection with your provision of the Product. You acknowledge and agree that you have complete discretion whether to list Product or otherwise engage in other business or employment activities.

2.5.  To promote the Platform and to increase the exposure of Products to potential Members, Products content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members and Hosts who speak different languages, Products and other User Content may be translated, in whole or in part, into other languages. CampInn cannot guarantee the accuracy or quality of such translations and Members or Hosts are responsible for reviewing and verifying the accuracy of such translations. The Platform may contain translations powered by Google or other translation engines. Google and any other translation engine disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

2.6.  The Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different T&C and privacy practices. CampInn is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by CampInn of such Third-Party Services.

2.7.  Due to the nature of the Internet, CampInn cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. CampInn may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. CampInn may improve, enhance and modify the Platform and introduce new Services from time to time.

2.8.  CampInn and the Platform are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.

 

3.     MODIFICATION OF T&C

CampInn reserves the right to modify these T&C at any time in accordance with this provision. If we make changes to these T&C, we will post the revised T&C on the Platform and update the date at the top of these T&C. We will also provide you with notice of the modifications by email before the date they become effective. If you disagree with the revised T&C, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised T&C become effective, your continued access to or use of the Platform will constitute acceptance of the revised T&C.

 

4.     ACCOUNT REGISTRATION

4.1.  You must register an account ("Account") to access and use certain features of the Platform, such as publishing or booking a Product. If you are registering an Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these T&C.

4.2.  You can register an Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Account and your SNS Account at any time, by accessing the "Settings" section of the Platform.

4.3.  You must provide accurate, current and complete information during the registration process and keep your Account and public Account profile page information up-to-date at all times.

4.4.  You may not register more than one (1) Account unless CampInn authorizes you to do so. You may not assign or otherwise transfer your Account to another party.

4.5.  You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify CampInn if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6.  CampInn may enable features that allow you to authorize other Members or Hosts or certain third parties to take certain actions that affect your Account. These features do not require that you share your credentials with any other person. No third party is authorized by CampInn to ask for your credentials, and you shall not request the credentials of another Member or Host.

 

5.     CONTENT

 

5.1.  CampInn may, at its sole discretion, enable Members or Hosts to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform ("User Content"); and (ii) access and view User Content and any content that CampInn itself makes available on or through the Platform, including proprietary CampInn content and any content licensed or authorized for use by or through CampInn from a third party ("CampInn Content" and together with User Content, "Collective Content").

5.2.  The Platform, CampInn Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United Kingdom and other countries. You acknowledge and agree that the Platform and CampInn Content, including all associated intellectual property rights, are the exclusive property of CampInn and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, CampInn Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of CampInn used on or in connection with the Platform and CampInn Content are trademarks or registered trademarks of CampInn in the United Kingdom and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform, CampInn Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3.  You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these T&C. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CampInn or its licensors, except for the licenses and rights expressly granted in these T&C.

5.4.  Subject to your compliance with these T&C, CampInn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.

5.5.  By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Platform, you grant to CampInn a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Platform, in any media or platform. Unless you provide specific consent, CampInn does not claim any ownership rights in any User Content and nothing in these T&C will be deemed to restrict any rights that you may have to use or exploit your User Content.

5.6.  You are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to CampInn the rights in and to such User Content, as contemplated under these T&C; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or CampInn’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.7.  You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates CampInn’s policies. CampInn may, without prior notice, remove or disable access to any User Content that CampInn finds to be in violation of these T&C or CampInn’s then-current policies or standards, or otherwise may be harmful or objectionable to CampInn , its Members, Hosts, third parties, or property.

5.8.  CampInn respects copyright law and expects its Members to do the same. If you believe that any content on the Platform infringes copyrights you own, please notify us in accordance with our policies.

 

6.     SERVICE FEES

 

6.1.  CampInn may charge fees to Hosts ("Host Fees") and/or Members ("Member Fees") (collectively, "Service Fees") in consideration for the use of the Platform.

6.2.  Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Member prior to publishing or booking a Listing. CampInn reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.

6.3.  You are responsible for paying any Service Fees that you owe to CampInn. The applicable Service Fees (including any applicable Taxes) are collected by CampInn. CampInn will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Member Fees are included in the Total Fees collected by CampInn. Except as otherwise provided on the Platform, Service Fees are non-refundable.

6.4.  Host Fees

6.4.1.    For the months of June - September 2018, CampInn provides a 0% Host Fee.

6.4.2.    The Host Fee for Products is generally up to 12.5%, but may be higher for hosts in Italy or hosts who have a Super Strict cancellation policy. This fee is calculated from the booking subtotal (the nightly rate plus cleaning fee and additional Member fee, if applicable, but excluding CampInn’s fees and taxes) and is automatically deducted from the payout to the host.

6.5.  Member Fees

6.5.1.    Member Fee is 0%.

6.5.2.    If CampInn is required to collect VAT, the service fee and VAT amounts will be combined on the checkout page.

 

7.     T&C SPECIFIC FOR HOST

 

7.1.  T&C applicable to all Products

 

7.1.1.    When creating a Listing through the Platform you must (i) provide complete and accurate information about your Product (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by CampInn. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2.    You are solely responsible for setting a price (including any Taxes if applicable, or other charges) for your Listing (“Listing Fee”). Once a Member requests a booking of your Listing, you may not request that the Member pays a higher price than in the booking request.

7.1.3.    Any T&C included in your Product, in particular in relation to cancellations, must not conflict with these T&C or the relevant cancellation policy for your Product.

7.1.4.    Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. CampInn reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5.    The placement and ranking of Listings in search results on the Platform may vary and depend on a variety of factors, such as Members search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.

7.1.6.    When you accept or have pre-approved a booking request by a Member, you are entering into a legally binding agreement with the Member and are required to provide your Product(s) to the Member as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.

7.1.7.    CampInn recommends that Hosts obtain appropriate insurance for their Products.

7.1.8.    If you choose to require a security deposit for your Product, you must specify this in your Product ("Security Deposit"). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the Platform. CampInn will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but CampInn is not responsible for administering or accepting any claims by Hosts related to Security Deposits.

7.1.9.    You represent and warrant that any Listing you post and the booking of, or a Member’s use of your product will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who purchase your product.

7.1.10. To list a product you must create a Listing and submit it to CampInn. Products must at all times meet the highest quality standards. CampInn reserves the right to decide, in its sole discretion, whether a submitted Product will be published on the Platform. Once published a Product may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in CampInn’s discretion.

7.1.11. When listing an a Product you must, where applicable, fully educate and inform Members about (i) any risks inherent to the Product, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).

7.1.12. Once your Product is published on the Platform, you will have the ability to add dates and times when you offer your Experience through the Platform. By making your Product available for a particular date and time on the Platform (an “Instance”), you agree that only people who book through the Platform can attend that Instance of the Product.

7.1.13. Hosts alone are responsible for the Product that they submit, list and provide. CampInn merely provides the Platform and is not itself an operator or provider of tours, activities, travel services, Products or similar. CampInn does not own, sell, resell, furnish, provide, manage and/or control any such Products. CampInn’s responsibilities are limited to making the Listings for Products available through the Platform.

7.1.14. You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Product. You are solely responsible for ensuring that the Equipment used in your Product is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.

7.1.15. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Product(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Product(s); and (iii) ensuring that your Listing and/or Hosting of a Product(s) will not breach any agreement you may have with any third party.

 

7.2.  T&C specific for Members and all bookings

 

7.2.1.    Subject to meeting any requirements (such as completing any verification processes) set by CampInn and/or the Host, you can book a Product available on the Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Member Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your CampInn Account.

7.2.2.    Upon receipt of a booking confirmation from CampInn, a legally binding agreement is formed between you and your Host, subject to any additional T&C of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. CampInn will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to CampInn’s terms. For certain bookings, Members may be required to pay or have the option to pay in multiple installments.

7.2.3.    If you book a Product on behalf of additional Members, you are required to ensure that every additional Member meets any requirements set by the Host, and is made aware of and agrees to these T&C, rules and restrictions set by the Host. If you are booking for an additional Member who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in a Product if accompanied by an adult who is responsible for them.

7.2.4.    You understand that a confirmed booking of a Product is a limited license granted to you by the Host to enter, occupy and use the Product for the duration of your booking, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Product, in accordance with your agreement with the Host.

7.2.5.    You agree to leave the Product no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license Host’s agreement se to stay in the Product and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable any fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you overstay at an Accommodation, you authorize CampInn to charge you to collect Overstay Fees.

7.2.6.    You should carefully review the description of any Product you intend to book to ensure you (and any additional Members you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional Member’s ability to participate in any Product. In addition, certain laws, like the minimum legal drinking age in the location of the Product, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Product.

7.2.7.    Before and during using a Product you must at all times adhere to the Hosts’ instructions.

7.2.8.    You may not bring any additional individuals to a Product unless such an individual was added by you as an additional Member during the booking process on the Platform.

 

8.     BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS

 

8.1.  Hosts and Members are responsible for any modifications to a booking that they make via the Platform or direct CampInn customer service to make ("Booking Modifications"), and agree to pay any additional Service Fees and/or Taxes associated with such Booking Modifications.

8.2.  Members can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and CampInn will refund the amount of the Total Fees due to the Member in accordance with such cancellation policy.

8.3.  If a Host cancels a confirmed booking, the Member will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. CampInn may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, CampInn may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking or has legitimate concerns about the Member’s behavior.

8.4.  For Products if inclement weather creates an unsafe or uncomfortable scenario for Members, Hosts may modify or cancel a Reservation.

8.5.  In certain circumstances, CampInn may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons (i) where CampInn believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to CampInn, other Members or Hosts, third parties or property, or (ii) for any of the reasons set out in these T&C.

8.6.  If a Member suffers a limiting issue which prevents him from attending the reservation (e.g. immediate family member death, savvier illness, etc.), CampInn may determine, in its sole discretion, to refund the Member part or all of the Total Fees in accordance with the Member Refund Policy.

8.7.  If, as a Host, your Member cancels a confirmed booking or CampInn decides that it is necessary to cancel a confirmed booking, and CampInn issues a refund to the Member in accordance with the above or other applicable cancellation policy, you agree that in the event you have already been paid, CampInn will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future payouts due to you.

8.8.  Except as otherwise set out in these T&C, Members may use the CampInn’s support team to send or request money for refunds related to a Reservation. You agree to pay all amounts sent through CampInn in connection with your CampInn account, and CampInn will handle all such payments.

 

9.     RATINGS AND REVIEWS

 

9.1.  Within a certain time-frame after completing a booking, Members and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of CampInn. Ratings and Reviews are not verified by CampInn for accuracy and may be incorrect or misleading.

9.2.  Ratings and Reviews by Members and Hosts must be accurate and may not contain any offensive or defamatory language.

9.3.  Members and Hosts are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member or Host.

9.4.  Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Platform together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

 

10.  DAMAGE TO PRODUCTS, DISPUTES BETWEEN MEMBERS AND HOSTS

 

10.1.    As a Member, you are responsible for leaving the Product in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Product, excluding the Host.

10.2.    A Host is responsible for any of its claims and CampInn suggests insuring its Product(s).

10.3.    CampInn will make its best efforts to provide information to the Host or Member in instances of damage or dispute but will not take part in resolving or take part in the resolution between the sides of damage or dispute. The sides of the damage or dispute in such instance will conduct their affair(s) between themselves and themselves alone.

 

11.  ROUNDING OFF

 

CampInn generally supports payment amounts that are payable from or to Members or Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where CampInn’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, CampInn may, in its sole discretion, round up or round down amounts that are payable from or to Members or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, CampInn may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

12.  TAXES

 

12.1.    As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

12.2.    Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.

12.3.    You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Product is located may require Taxes to be collected from Members or Hosts on Service Fees, and to be remitted to the respective Tax Authority, by CampInn.

 

13.  PROHIBITED ACTIVITIES

 

13.1.    You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform. In connection with your use of the Platform, you will not and will not assist or enable others to:

13.1.1.    breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our T&C, policies or standard;

13.1.2.    use the Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these T&C or in a manner that falsely implies CampInn endorsement, partnership or otherwise misleads others as to your affiliation with CampInn;

13.1.3.    copy, store or otherwise access or use any information, including personally identifiable information about any other Member or Host, contained on the Platform in any way that is inconsistent with CampInn’s policies, T&C and public procedures or these T&C or that otherwise violates the privacy rights of Members, Hosts or third parties;

13.1.4.    use the Platform in connection with the distribution of unsolicited commercial messages ("spam");

13.1.5.    offer, as a Host, any Product(s) that you do not yourself own or have permission to make available as a residential or other property through the Platform;

13.1.6.    unless CampInn explicitly permits otherwise, book any Listing if you will not actually be using the Product yourself;

13.1.7.    contact another Member or Host for any purpose other than asking a question related to a your own booking, Reservation, or the Member's use of the Platform, including, but not limited to, recruiting or otherwise soliciting any Member or Host to join third-party services, applications or websites, without our prior written approval;

13.1.8.    use the Platform to request, make or accept a booking independent of the Platform, to circumvent any Service Fees or for any other reason;

13.1.9.    request, accept or make any payment outside the Platform for Reservation made on the Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these T&C; (ii) accept all risks and responsibility for such payment, and (iii) hold CampInn harmless from any liability for such payment;

13.1.10. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;

13.1.11. use, display, mirror or frame the Platform or Collective Content, or any individual element within the Platform, CampInn's name, any CampInn trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without CampInn's express written consent;

13.1.12. dilute, tarnish or otherwise harm the CampInn brand in any way, including through unauthorized use of Collective Content, registering and/or using CampInn or derivative T&C in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to CampInn domains, trademarks, taglines, promotional campaigns or Collective Content;

13.1.13. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;

13.1.14. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by CampInn or any of CampInn's providers or any other third party to protect the Platform;

13.1.15. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;

13.1.16. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;

13.1.17. export, re-export, import, or transfer the Application except as authorized by United Kingdom law, the export control laws of your jurisdiction, and any other applicable laws; or

13.1.18. violate or infringe anyone else’s rights or otherwise cause harm to anyone.

13.2.    You acknowledge that CampInn has no obligation to monitor the access to or use of the Platform by any Member or Host or to review, disable access to, or edit any Member or Host content, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Member’s and Host’s compliance with these T&C; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member or Host content that it determines is harmful or objectionable; or (v) as otherwise set forth in these T&C. Members and Hosts agree to cooperate with and assist CampInn in good faith, and to provide CampInn with such information and take such actions as may be reasonably requested by CampInn with respect to any investigation undertaken by CampInn or a representative of CampInn regarding the use or abuse of the Platform.

13.3.    If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to CampInn by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

 

14.  TERM AND TERMINATION, SUSPENSION AND OTHER MEASURES

 

14.1.    This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day T&C until such time when you or CampInn terminate the Agreement in accordance with this provision.

14.2.    You may terminate this Agreement at any time by sending us an email. If you cancel your registration as a Host, any confirmed booking(s) will be automatically cancelled and your Members will receive a full refund. If you cancel your registration as a Member, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the T&C of the Listing’s cancellation policy.

14.3.    Without limiting our rights specified below, CampInn may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

14.4.    CampInn may immediately, without notice, terminate this Agreement and/or stop providing access to the Platform if (i) you have materially breached your obligations under these T&C and CampInn’s other public policies, standards and terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) CampInn believes in good faith that such action is reasonably necessary to protect the personal safety or property of CampInn, its Members and Hosts, or third parties.

14.5.    In addition, CampInn may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these T&C ,CampInn’s other public policies, standards and terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the registration to the Platform, Listing process or thereafter, (iv) you and/or your Listings and/or Products or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or CampInn otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) CampInn believes in good faith that such action is reasonably necessary to protect the personal safety or property of CampInn, its Members, Hosts, or third parties, or to prevent fraud or other illegal activity:

14.5.1.    refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member or Host content;

14.5.2.    cancel any pending or confirmed bookings;

14.5.3.    limit your access to or use of the Platform;

14.5.4.    temporarily or permanently revoke any special status associated with your CampInn Account;

14.5.5.    temporarily or in case of severe or repeated offenses permanently suspend your CampInn Account and stop providing access to the Platform.

14.6.    In case of non-material breaches and where appropriate, you will be given notice of any intended measure by CampInn and an opportunity to resolve the issue to CampInn's reasonable satisfaction.

14.7.    If we take any of the measures described above (i) we may refund your Member or Host in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

14.8.    When this Agreement has been terminated, you are not entitled to a restoration of your Member’s or Host’s account or any of your content. If your access to or use of the Platform has been limited or suspended or this Agreement has been terminated by us, you may not register as a new Member or Host  or access and use the Platform in any other way.

14.9.    Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these T&C that reasonably should survive termination of the Agreement will remain in effect.

 

15.  DISCLAIMERS

 

15.1.    If you choose to use the Platform or Collective Content, you do so voluntarily and at your sole risk. The Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

15.2.    You agree that you have had whatever opportunity you deem necessary to investigate the Platform, CampInn and its T&C, public standards and policies, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by CampInn relating to a Listing.

15.3.    If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

15.4.    You agree that some Products or Platform may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in the Platform and Listing of the Product on the Platform. If you are bringing a minor as an additional Member, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless CampInn from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.

15.5.    The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

 

 

16.  LIABILITY

 

16.1.    Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform and Collective Content, your publishing or booking of any Listing via the Platform, your stay at any Accommodation, participation in any Product, participation in the Platform, or any other interaction you have with other Members whether in person or online remains with you. Neither CampInn nor any other party involved in creating, producing, or delivering the Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these T&C, (ii) from the use of or inability to use the Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not CampInn has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these T&C, in no event will CampInn’s aggregate liability arising out of or in connection with these T&C and your use of the Platform including, but not limited to, from your publishing or booking of any Listings via the Platform, or from the use of or inability to use the Platform or Collective Content and in connection with any Product the Platform, or interactions with any other Members or Hosts, exceed the amounts you have paid or owe for bookings via the Platform as a Member in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by CampInn to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between CampInn and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect CampInn’s liability for death or personal injury arising from its negligence, or for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

16.2.    If your country of residence is in the EU, CampInn is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. CampInn is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of CampInn in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of CampInn is excluded.

 

17.  INDEMNIFICATION

 

    1. You agree to release, defend (at CampInn’s option), indemnify, and hold CampInn and its affiliates and subsidiaries, including but not limited to, Platform, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these T&C or our policies or standards, (ii) your improper use of the Platform or any CampInn’s services, (iii) your interaction with any Member or Host, use and participate any Product, the Platform, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) collection of sorts, or (v) your breach of any laws, regulations or third party rights.

18.  FEEDBACK

 

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform (“Feedback“). You may submit Feedback by emailing us, through the support@campinn.io, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

 

19.  ENFORCEABILITY, LEGISLATION AND COURTS OF JURISDICTION

 

19.1.    In the event that a provision of these T&C is found to be illegal or unenforceable, the remainder of these Terms will not be affected and the provision on question shall be deemed to be modified to the extent necessary to make it enforceable.

19.2.    In the event of a delay in acting upon a breach of these T&C by you, that delay will not be regarded as a waiver of the breach. If we waive a breach of these Terms by you, that waiver is limited to the particular breach.

19.3.    This Agreement will be governed by English law and any disputes will be dealt with by the English courts.

 

20.  GENERAL PROVISIONS

20.1.   Except as they may be supplemented by additional T&C, policies, guidelines or standards, these T&C constitute the entire Agreement between CampInn and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between CampInn and you in relation to the access to and use of the Platform.

20.2.   FullCalendar - the use of FullCalendar is subject to the following:
PERMISSION IS HEREBY GRANTED, FREE OF CHARGE, TO ANY PERSON OBTAINING A COPY OF THIS SOFTWARE AND ASSOCIATED DOCUMENTATION FILES (THE “SOFTWARE”), TO DEAL IN THE SOFTWARE WITHOUT RESTRICTION, INCLUDING WITHOUT LIMITATION THE RIGHTS TO USE, COPY, MODIFY, MERGE, PUBLISH, DISTRIBUTE, SUBLICENSE, AND/OR SELL COPIES OF THE SOFTWARE AND TO PERMIT PERSONS TO WHOM THE SOFTWARE IS FURNISHED TO DO SO, SUBJECT TO THE FOLLOWING CONDITIONS:
THE ABOVE COPYRIGHT NOTICE AND THE PERMISSION NOTICE SHALL BE INCLUDED IN ALL COPIES OR SUBSTANTIAL PORTIONS OF THE SOFTWARE.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

20.3.   No joint venture, partnership, employment, or agency relationship exists between you and CampInn as a result of this Agreement or your use of the Platform.

20.4.   These T&C do not and are not intended to confer any rights or remedies upon any person other than the parties.

20.5.   If any provision of these T&C is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

20.6.   CampInn’s failure to enforce any right or provision in these T&C will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these T&C, the exercise by either party of any of its remedies under these T&C will be without prejudice to its other remedies under these T&C or otherwise permitted under law.

20.7.   You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without CampInn's prior written consent. CampInn may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

20.8.   Unless specified otherwise, any notices or other communications to Members or Hosts permitted or required under this Agreement, will be provided electronically and given by CampInn via email, Platform notification, or messaging service (including SMS and WeChat).

20.9.   If you have any questions about these T&C please email us at support@campinn.io.