General Terms and Conditions for campsites (B2B)

§ 1 Scope

Camping.info GmbH (“Camping.info” or “We”, etc.) provides information and services related to leisure activities for people looking for a campsite for a specific date or period of time (“campers”). The services offered by Camping.info (including the booking and payment processing) are available to campers only for their private and non-commercial use. The General Terms and Conditions for campers (B2C) apply between campers and Camping.info.

Camping.info offers providers of camping sites, pitches, campgrounds (“pitches”) and other commercial service providers (“site operators” or “users”) the opportunity to use the online marketplace and portal through the websites www.camping.info, www.booking.camping.info and its associated apps and sub-sites (hereinafter referred to as: “marketplace”) in accordance with these General Terms and Conditions for campsites (B2B).

Unless expressly excluded, all services provided by Camping.info to the site operator are provided exclusively on the basis of these General Terms and Conditions for campsites (B2B); regardless of how, directly or indirectly (i.e. via third parties) these are offered (e.g. via the Internet, mobile devices of any kind, by e-mail, in writing or by telephone). Deviating provisions from these General Terms and Conditions shall only apply if they are confirmed by Camping.info in writing or in text form. With the application for admission according to § 3, the site operator accepts these General Terms and Conditions for campsites (B2B) as a binding part of the contract with Camping.info.

Changes to these Terms and Conditions will be notified to the site operator by Camping.info in writing or in text form. If the site operator does not object to such changes within six weeks after receipt of the notification, changes shall be deemed as agreed. In the event of a change in these Terms and Conditions, the site operator will be advised specifically of his right to object and the legal consequences of remaining silent.

§ 2 Type and scope of our services

The marketplace is a platform for campers and for providers of camping sites, pitches, campgrounds and related services. The marketplace has an integrated and automated messaging system to facilitate communication between campers and site operators, as well as extensive functions to manage and monitor ongoing business transactions.

The services provided by Camping.info to the site operator include, amongst others:
– Providing a portal for the exchange of information with an online marketplace
– Facilitating booking requests
– Integration of industry-specific management systems (Camping PMS)
– Procurement and administration of online bookings (§ 5)
– Publication of a newsletter
– Marketing on social networks through Camping.info (social media packages)
– Linking of Camping.info on their own website
Establishment of information and communication opportunities (including evaluations) among users or contracting parties as well as consulting and support services for site operators through a separate agreement with Camping.info.

Camping.info itself does not offer any pitches or any other travel services, but acts in this regard only as a broker. The brokerage is carried out for the camper as part of an agency contract (“brokerage agreement”), provided that a direct booking is made via our websites and / or our apps (see III.). The object of a brokerage agreement concluded with us is exclusively the careful brokerage of contracts between campers and site operators in the context of availability (= offer of the site operator) and booking (= acceptance of the offer by the camper) as well as the related booking and down payment processing.

The contract of a camper regarding a booked pitch or service always comes about directly with the respective service provider or site operator. Please note in this context that each site operator is responsible for his item and / or service descriptions and must set up his own business and / or contract conditions for which we assume no liability.

§ 3 Admission and access to the marketplace

A prerequisite for the use of the marketplace is the admission by Camping.info. A claim for admission or use of the marketplace does not exist.

In the application for admission, the site operator must provide the mandatory information marked as such in a complete and truthful way. Acceptance of the application for admission takes place via e-mail through a confirmation of admission. With the admission, a service contract that may be subject to a charge is concluded for an indefinite period between Camping.info and the respective site operator in accordance with these Terms and Conditions. The remuneration to be paid by the site operator depends on the current price conditions, which can be viewed on the marketplace and / or the respective order form.

The personal data provided in the application for admission will be used to process the application and to fulfill the contract (Art. 6 para. 1 lit. b GDPR) as well as within the scope of the statutory retention periods (Art. 6 para. 1 lit. c GDPR) of Camping.info.

With the master login sent in the confirmation of admission, the site operator has the option of granting his employees individual access authorizations and to set up their accounts in such a way that they can use the marketplace in an optimal way.

The site operator guarantees that the information provided by him, in particular as part of his application for admission to Camping.info and other users, is true and complete. He undertakes to notify Camping.info of any future changes to the information provided. The same applies to all information provided by the site operator when setting up the employee logins.

Camping.info is entitled to revoke the admission of the site operator or to block his access to the marketplace if there is reasonable suspicion that he has violated the terms of use set forth herein. The site operator can avoid these measures if he removes the suspicion by submitting suitable evidence at his own expense.

All logins are individualized and may only be used by the authorized user. Acts and declarations of intent using the respective login of a user are to be attributed to him. The user is obligated to keep his login and password secret and to protect them against unauthorized access by third parties. The site operator is also responsible for the confidentiality of the employee logins and must instruct his employees accordingly. In case of suspicion of misuse by a third party, the user must inform Camping.info about this immediately. As soon as Camping.info becomes aware of the unauthorized use, Camping.info will block the access of the unauthorized user. We reserve the right to change a user’s login and password; in such a case, we will inform the site operator immediately.

§ 4 Obligations of the site operator

The site operator must ensure that the information provided by him in the marketplace is accurate and does not violate the rights of third parties. In particular, the services offered by him in words, pictures and / or videos must be described correctly and completely. All characteristics and features essential to a booking as well as any impairments or defects must be stated truthfully. The description of the item and the images and videos used here may refer exclusively to the services offered. It is the responsibility of the site operator to ensure that his offers and content (especially images and other information) are accurate and do not violate third party rights. It is forbidden to offer or promote goods or services on the marketplace that violate third-party rights, legal regulations or accepted principles of morality or to use copyrighted material without the corresponding authorization.

Services, which are allowed to be offered only upon production of proof required by law, may only be offered and inquired about on the marketplace if the proof was included in the description of the goods or services and they are only delivered against production of proof required by law. Site operators who offer goods or services to consumers in the course of their commercial or independent professional activity are obliged to provide them with the legally required consumer protection information and to inform them about the existence or non-existence of the statutory right of revocation.

Site operators may not use personal data obtained through the use of Camping.info’s services for any purposes other than those specified or obvious for communicating and contracting with the parties concerned. In particular, it is forbidden to resell this data or to use it for the purpose of sending advertising, unless the person concerned has expressly given his prior consent in accordance with the applicable statutory provisions.

Furthermore, the site operator shall
– promptly notify Camping.info in writing of any technical changes in his area of operation, if they are likely to affect the performance or safety of the marketplace;
– cooperate as far as necessary in the investigation of attacks by third parties on the marketplace;
– conduct business in the marketplace exclusively for commercial purposes in the course of commercial business operation;
– refrain from any action that jeopardizes or interferes with the proper functioning of the marketplace, or access any data that he is not authorized to access.

The site operator undertakes to compensate Camping.info for any damage resulting from his non-compliance with these obligations. The site operator shall also indemnify Camping.info from all claims asserted by third parties against Camping.info for infringement of their rights or for violations of the law due to offers and / or contents submitted by the site operator, if and insofar as the site operator is responsible for them. The site operator agrees to pay in this regard also the costs of the legal defense of Camping.info including all court and legal fees.

§ 5 Online booking

The online booking allows campers to book directly and bindingly according to offers made by the site operators on the marketplace. To do this, a site operator must request a separate access at Camping.info to admin.booking.camping.info. § 3 shall apply accordingly to the requirements, conditions and procedure for admission. After successful admission, the site operator can post binding offers on admin.booking.camping.info, which, in the case of a confirmed booking by a camper, lead to a binding contract between these parties.

By accessing admin.booking.camping.info, the site operator, after successful admission by Camping.info, has the opportunity to immediately receive and manage the online bookings of campers. Specifically, the site operator is to maintain complete, truthful and up-to-date information on availability, seasons, pitches, prices, terms of payment, any additional costs, site rules, contract terms, general terms and conditions as well as contact, bank and billing information. With the express permission to publish (with the click of a button), this information will be linked with the corresponding item descriptions of the campsite operated by the site operator and saved as a binding offer on the marketplace.

The prices to be set by the site operator are to be stated as guaranteed final prices for the booked services, including VAT. To ensure that online bookings are not abused for other purposes, a camper must make a down payment of at least 20% of the final price in order to make an online booking. The site operator has the option of setting a higher down payment (up to 100%) by accessing admin.booking.camping.info. The down payment is made online via the Payment Service Provider (PSP) Adyen N.V., Amsterdam, NL to Camping.info. The following payment options are available to the camper (depending on the country of the campsite and the country of the camper): Visa or Mastercard, American Express, Ideal or instant bank transfer. The down payment is to be credited in full by the site operator to the final price.

The site operator is solely responsible for all entries made under his login and / or master login. This also applies if and insofar as the site operator uses the option of integrating a management software or an external management service (Property Management Software).

Likewise, Camping.info does not assume any liability for information and declarations of intent made by a camper as part of an online booking.

After the camper successfully books a binding offer from the campsite’s options, both parties will receive from Camping.info a booking confirmation documenting the content of the contract concluded via the online booking. The site operator must check this immediately and provide the agreed services accordingly.

Cancellations of confirmed bookings are only possible with the consent of the camper, unless a different cancellation policy between the parties is agreed and documented accordingly. In order to cancel an online booking, the site operator must access the detailed view of the booking under admin.booking.camping.info and press the “Cancel booking” button. He must confirm with a checkbox that the cancellation has been agreed with the camper and that any down payment already received by the site operator will be refunded to the camper. If a cancellation is made within 7 days after receipt of the booking confirmation and Camping.info is notified by the site operator via the procedure described above, the entire down payment is automatically paid back to the camper, without deducting any commission for Camping.info (charged to the site operator). After expiry of this period and after transferring the down payment to the site operator, the latter is to pay back the down payment in full (at own expense and own risk) to the campers, without including the commission deducted by Camping.info.

The amount and payment terms of the commission are determined according to the price list with each booking. Price changes for future orders / bookings remain reserved. Unless otherwise agreed, the down payment of campers is automatically transferred to the site operator after 7 calendar days minus the agreed commission, as soon as the down payment in favor of the site operator exceeds EUR 80.00.

The site operator is himself responsible for the continuous and independent storage of the information received from Camping.info, which he might need for purposes of evidence, bookkeeping or other purposes.

§ 6 Remuneration / Invoicing

These General Terms and Conditions are supplemented by corresponding product descriptions and order forms, which, among other things, regulate the respective prices and payment terms.

Changes for future orders / bookings remain reserved to Camping.info.

§ 7 Liability

Camping.info is liable for intent and gross negligence without restriction, for slight negligence, however, only in case of breach of essential contractual obligations. Essential contractual obligations include the careful processing of the data set by the site operator and the provision of information to the respective contractual partners (agency services). Liability for breach of such an essential contractual obligation is limited to the typical occurring contractual damage that Camping.info had to anticipate upon conclusion of the contract on the basis of the circumstances known at that time.

The information we receive in connection with a booking and which we automatically forward to the site operator is based on the information provided to us by the respective campers. The correctness, accuracy and completeness of such information cannot be guaranteed by Camping.info nor for the information provided by the site operator himself. We are also not liable for errors (including obvious errors or misprints), interruptions (through a temporary and / or partial failure, repair, update or maintenance on our website or for any other reason), inaccurate, misleading or untrue information or the failure to provide information that Camping.info is not responsible for.

As far as the marketplace is concerned and the possibility of forwarding to databases, websites, services and third parties exists, e.g. through setting links or hyperlinks or interfaces to management systems (Property Management Systems), Camping.info shall not be liable for the accessibility, inventory or security of these databases or services, nor for the content of the same.

Camping.info is only liable for the loss of data in accordance with the preceding paragraphs if such a loss could not have been avoided by adequate data backup measures on the part of the site operator.

The above limitations of liability apply accordingly to the vicarious agents of Camping.info.

The above-mentioned limitations of liability shall not apply if and to the extent that claims for damages arising out of injury to life, limb or health are caused by Camping.info.

§ 8 Intellectual property / Rights of use

By placing information, images, videos and offers on the marketplace (hereinafter collectively known as “content”), the site operator hereby grants Camping.info a worldwide, non-exclusive, irrevocable, indefinite, transferable and royalty-free right (the license) with the right for sublicensing, to use, edit, distribute, transfer, make publicly available and demonstrate the content to the extent necessary to fulfill the contractual services according to § 2.

In addition, the site operator grants Camping.info the right (the license) to market, advertise, display, include and use the content posted on the marketplace, both on the marketplace itself and for further marketing (online, in social networks, newsletters, etc.) as well as for e-mail advertising purposes. Camping.info conducts online and marketing campaigns at its own expense and discretion. This right may be revoked or restricted by the claimant at any time in the future by written declaration to Camping.info.

Without limiting the provisions of these General Terms and Conditions, the site operator acknowledges and agrees that the marketplace and its contents are protected by copyright, trademark, database rights and other laws. The site operator undertakes to refrain from any use and to stop any use in his area of responsibility, which violates these or such intellectual property rights of Camping.info or third parties.

§ 9 Data security and privacy policy

The servers of Camping.info are secured according to the latest technology, in particular by firewalls; however, the user is aware that there is a risk for all participants that transmitted data can be read out in the transmission path. This applies not only to the exchange of information that leaves the system via e-mail, but also to the integrated messaging system and all other transmissions of data. The confidentiality of the data transmitted in the context of the use of the marketplace can therefore not be fully guaranteed.

With the admission according to § 3, the site operator assumes the guarantee towards Camping.info and all other users that the data protection requirements (in particular, but not limited to according to EU-GDPR) are complied with by the site operator regarding the data transmitted by him and releases Camping.info from any third-party claims, also those of a public nature. In particular, the site operator himself has to ensure that any necessary consent of employees is obtained before personal data is used by employees in the context of setting up their logins or for other reasons in the marketplace. The site operator acknowledges that he himself is the responsible body with regard to the campers whose personal data are transmitted to him via the marketplace and online booking within the meaning of
EU-GDPR.

Furthermore, the site operator acknowledges Camping.info’s privacy policy and undertakes to ensure compliance with the provisions laid down therein.

§ 10 Assignment of rights

A partial or complete transfer of rights of the site operator from the contract with Camping.info to third parties is excluded.

§ 11 Contract duration

The contract underlying these General Terms and Conditions is concluded for an indefinite period. It starts with the admission by Camping.info according to § 3.

The contract may be terminated by both parties with a notice period of three months to the end of the month.

Each party has the right to terminate the contract for cause without giving notice. An important reason for Camping.info can be in particular:
– the infringement by a site operator of the provisions of these General Terms and Conditions which will not be remedied even after the deadline has been set;
– the criminal act of a user or the attempt of such a user, e.g. scam;
– the delay of payment by the site operator to Camping.info or to the partner of a contract arranged by Camping.info for more than six weeks;
– constant breakdowns due to force majeure beyond Camping.info’s control, such as natural disasters, fire, unrelated breakdown of cable networks.

Any termination must be made in text form. Terminations by fax or e-mail shall also be made in text form.

§ 12 Final provisions

The law of the Federal Republic of Germany applies with the exception of the UN sales law.

Jurisdiction for all legal disputes is Berlin. Camping.info is also entitled to sue at the general place of jurisdiction of the site operator.

Should individual provisions of these General Terms and Conditions be or become invalid and / or contradict the statutory provisions, this shall not affect the validity of the remaining terms of use. The invalid provision shall be replaced by mutual agreement between the contracting parties by such a provision, which legally comes closest to the economic purpose of the invalid provision. The above provision applies in case of loopholes accordingly.

Imprint & Place of Jurisdiction

Camping.info and Premium Entry are services provided by the Camping.info GmbH
Oranienburger Straße 27,10117 Berlin, Germany, Tel.+49 (0)30 994 048 620
USt-IdNr.: DE316569537, Amtsgericht Charlottenburg (Charlottenburg District Court) (Berlin), Business Register No. HRB 204151 B, CEO: Maximilian Möhrle, Nico Ries