Terms of Service for Campsites (B2B)

1) Scope

Camping.info GmbH („Camping.info“ or „we“ etc.) brokers information and services related to the leisure activities of persons who are searching for a campsite for a specific date or period („camper“). The services provided by Camping.info (including booking management and payment processing) is only available to campers for their private and non-commercial use. The General Terms and Conditions B2C shall apply between the campers and Camping.info.

Camping.info gives providers of campsites, vehicle lots, tent sites („pitch sites“) and other commercial providers („campsite operators“ or „users“) the option of using the online marketplace and the portal operated by us via www.camping.info, www.booking.camping.info and the related apps and sub-sites (hereinafter collectively referred to as: „marketplace“) according to the General Terms and Conditions B2B laid out here.

Unless explicitly excluded, all services provided by Camping.info to the campsite operator shall be rendered exclusively based on these General Terms and Conditions B2B; this applies irrespective of the manner (i.e. e.g. via the internet, all types of mobile devices, via e-mail, in writing or via telephone) these are provided and/or agreed upon, whether directly or indirectly (i.e. via third parties). Provisions which differ from these Terms and Conditions shall only apply if Camping.info has acknowledged them in writing or in text form. By applying for access as laid out in Section 3, the campsite operator acknowledges that these General Terms and Conditions B2B are a binding component of the existing contract with Camping.info.

Camping.info shall notify the campsite operator of changes to these Terms and Conditions in writing or in text form. If the campsite operator does not object to such changes within six weeks upon receipt of the notification, the changes shall be seen to have been agreed upon. In the event of changes to the Terms and Conditions, the campsite operator shall be separately notified of his right of objection and the legal ramifications of remaining silent.

2) Nature and scope of our services

The marketplace is a platform for campers and providers of campsites, vehicle lots, pitch sites, and related services. The marketplace is equipped with an integrated, automated notification system to simplify communication between campers and campsite operators, as well as comprehensive functionalities to manage and monitor ongoing business transactions. The services provided by Camping.info to campsite operators include:

Provision of a portal for brokering information with online marketplace
Brokering of reservation inquiries
Integration of industry-specific management systems (Camping-PMS)
Brokerage and management of online bookings (Section 5)
Publication of a newsletter
Marketing via Camping.info in social networks (social media packages)
Linking of Camping.info on one‘s own website, as well as the creation of comprehensive information and communication options (incl. ratings) among users and/or contractual parties along with consulting and support services for campsite operators according to separate agreements with Camping.info.

Camping.info itself does not offer any pitch sites or other travel services. Instead, it only acts as an agent in this regard. Brokerage activities for campers are conducted within the scope of an agency agreement („agency contract“), provided that a direct booking takes place via our websites and/or our apps (see III. below). The subject of an agency contract entered into with us is exclusively the diligent brokerage of contracts between campers and campsite operators as availability permits (= offer by campsite operator) and bookings (= acceptance of offer by camper) as well as the related booking and down payment management).

A contract with the camper regarding the pitch site booked and/or the services booked is always only entered into directly with the respective service provider and/or campsite operator. In this respect, please note that every campsite operator is solely responsible for his property and/or service descriptions and needs to supply his own terms of business and contractual terms, for which we accept no liability.

3) Access to marketplace and marketplace account

The prerequisite for the use of the marketplace is access authorization from Camping.info. There is no entitlement to access to or use of the marketplace.

In the application for access, the campsite operator is to fill out the fields marked as mandatory in full and truthfully. An e-mail confirmation will be sent when the application for access is approved. Via this access, a service contract (which may incur fees) shall be entered into indefinitely between Camping.info and the respective campsite operator in accordance with these Terms and Conditions. The fee to be paid by the campsite operator depends on the current pricing terms, which can be viewed on the marketplace and/or the respective order form.

The personal data specified in the application for access will be processed by Camping.info in order to process the application and for contractual fulfillment (Art. 6 (1) (b) GDPR) as well as within the framework of legal retention obligations (Art. 6 (1) (c) GDPR).

Via the master login provided in the confirmation e-mail, the campsite operator has the option of assigning the employees in his company their own access permissions and configuring them at his own discretion in order to enable them to work optimally on the marketplace.

The campsite operator is responsible for ensuring that the information he provides – in particular as part of his application for access – to Camping.info and other users are truthful and complete. He shall undertake to notify Camping.info of all future changes to the information provided without delay. The same applies to all information provided by the campsite operator when setting up employee logins. Camping.info is entitled to revoke a campsite operator‘s access authorization or block access to the marketplace if there exists sufficient suspicion that he has violated the terms of use laid out here. The campsite operator can avert these measures by dispelling such suspicions via the provision of suitable evidence at his own expense.

All logins are individualized and may only be used by the respective authorized user. Actions and declarations of intent using the respective login of a user are to be attributed to that user. The user shall undertake to ensure that the login and password remain a secret and protect them from being accessed by unauthorized third parties. The campsite operator is also responsible for the secrecy of the employee logins and shall instruct his employees on this accordingly. If there is any suspicion of misuse by a third party, the user shall inform Camping.info of this without delay. As soon as Camping.info gains knowledge of the unauthorized use, Camping.info shall disable the account of the unauthorized user. We reserve the right to change the login and password of a user; in such cases, we shall inform the campsite operator of this without delay.

4) Obligations of the campsite operator

The campsite operator is to ensure that the information he provides on the marketplace are correct and true and do not infringe on any third-party rights. In particular, the services he provides must be described accurately and in full with words, images, and/or videos. All the significant characteristics and features for a booking, as well as any impairments or defects must be indicated truthfully. The property description as well as the images and videos used for this purpose must only refer to the services offered. It is the campsite operator‘s responsibility to ensure that his offerings and content (in particular images and other information) are proper and do not infringe on any third-party rights. It is forbidden to offer or advertise for goods or services on the marketplace which violate third-party rights, statutory regulations, or good morals, as well as to upload copyrighted material to the marketplace without the appropriate permissions.

Services which can only be offered with a certificate mandated by law may only be offered and inquired about on the marketplace if this certificate has been included in the description of the goods or services and the good or service is only provided/rendered with this certificate as mandated by law. Campsite operators who offer goods or services to consumers as part of their commercial or self-employed occupational activities are obliged to provide them with the consumer protection information mandated by law and to inform them of the existence of non-existence of any statutory right of withdrawal.

Campsite operators are only allowed to use personal data which they have received via the use of Camping.info‘s services for the specified or obvious purposes of communication and contractual fulfillment with the data subject. In particular, it is prohibited to sell this data to third parties or use it for the delivery of advertising, unless the respective data subject has provided express prior consent for this purpose in accordance with prevailing statutory regulations. Furthermore, the campsite operator is also

to inform Camping.info without delay of any technical changes that take place within his scope of
operations if they are capable of impairing the provision of services or the safety of the marketplace;
obliged to cooperate where necessary in investigations of third-party attacks on the marketplace;
to only conduct business transactions on the marketplace within the scope of commercial business operations for commercial purposes;
to refrain from any measures which endanger or interrupt the functioning of the marketplace, as well as not to access data which he is not authorized to.

The campsite operator shall reimburse Camping.info for all damages which arise as a result of a culpable non-compliance with these obligations on his part. The campsite operator will also indemnify Camping.info against all claims which third parties assert against Camping.info due to the violation of their rights or due to rights violations due to the offerings and/or content uploaded by the campsite operator, provided and to the extent that the campsite operator is culpable for this. The campsite operator shall undertake to also bear the costs of the legal defense of Camping.info including all court and attorney costs in this regard.

5) Online booking

Online booking allows campers to make direct and binding bookings based on the offerings advertised by campsite operators on the marketplace. For this purpose, a campsite operator must apply with Camping.info for a separate account on admin.booking.camping.info or a service provider approved by Camping.info (e.g. ctoutvert). Section 3 applies accordingly for the prerequisites, the terms and conditions, and the access authorization procedure. Upon receiving access, the campsite operator can advertise binding offerings online on the booking platform („account“) specified by Camping.info in the access authorization procedure. When a camper then makes a booking, this will result in a binding contract between these two parties.

Via the account, the campsite operator receives – after being approved by Camping.info – the ability to directly receive and manage online bookings by campers. Specifically, this is where the campsite operator is to provide complete and truthful information on availability, seasons, pitch sites, prices, terms of payment, any additional costs, site rules, contractual terms, general terms and conditions, as well as contact, bank, and invoicing data and keep it updated. Upon providing explicit permission for publication (button), this information will be linked to the corresponding property descriptions of the campsite operated by the campsite operator and placed on the marketplace as a binding offer.

The prices to be indicated by the campsite operator are to be specified as guaranteed final prices for the services booked, including statutory value-added tax.

If the campsite operator has an account on Camping.info via admin.booking.camping.info, a camper must pay a deposit of at least 20% of the respective final price in order to be able to make an online booking. Via his account at admin.booking.camping.info, the campsite operator has the option of defining a higher deposit amount (up to 100%). In such cases, the deposit is paid online via the payment service provider (PSP) Adyen N.V., Amsterdam, NL to Camping.info. Campers have the following payment options to choose from for this purpose (depending on the country of the campsite and the camper‘s country): Visa or Mastercard, American Express, Ideal or Sofort Überweisung (direct bank transfer). The campsite operator is to deduct the full amount of the deposit from the final price.

If the campsite operator is assigned an account for the booking engine of another of Camping.info‘s service providers (e.g. ctoutvert), the terms and conditions laid out there (where applicable) apply additionally. In the case of contradictory T&Cs, the terms and conditions specified there for the booking procedure shall take precedence if there is any doubt.

The campsite operator bears sole responsibility for all input entered under his login and/or master login. This also applies when and to the extent the campsite operator utilizes any options for integrating administrative software or an external administrative service (Property Management Software).

Camping.info shall also not be held liable for information and declarations of intent which a camper submits as part of an online booking.

After a camper makes a binding booking chosen from the campsite operator‘s offerings, both parties will receive a booking confirmation from Camping.info which documents the content of the contract entered into via the online booking. The campsite operator is to verify it without delay and accordingly render the services agreed upon.

Cancellations of confirmed bookings are then generally only permitted with the camper‘s consent, unless different cancellation terms were agreed upon between the parties and documented accordingly. In order to cancel an online booking via admin.booking.camping.info, the campsite operator must log into his account on admin.booking.camping.info and go to the detailed view of the booking. In this view, he then presses the button „Cancel booking“ and confirms with a checkbox that the cancellation was agreed upon with the camper and any deposit already received by the campsite operator will be refunded to the camper. Provided that a cancellation takes place within 7 days after receipt of the booking confirmation and Camping.info is informed by the campsite operator of the procedure outlined above, the entire deposit is automatically refunded to the camper and no commission is deducted for Camping.info (for which the campsite operator is billed). After this deadline and after the deposit has been forwarded to the campsite operator, the latter is to refund the full amount of the deposit paid in the event of a cancellation (at his own expense and risk) himself to the camper, without deducting the amount of the commission withheld by Camping.info.

The amount and payment terms of the commission are determined by the price list at the time of order placement. Prices are subject to change for future orders/bookings. Unless a different arrangement has been agreed upon, a deposit paid by the camper via Camping.info is automatically forwarded to the campsite operator after 7 calendar days minus the commission agreed upon as soon as the sum of the deposits paid to the campsite operator‘s account exceeds € 80.00.

The campsite operator is solely responsible for archiving the information received from Camping.info which he requires for the purposes of preservation of evidence, accounting, or other purposes. This is to be done continuously and on a storage medium that is independent of Camping.info.

6) Remuneration/billing

These General Terms and Conditions are supplemented by the corresponding product descriptions and order forms which, among other things, also govern the respective prices and payment terms. Camping.info reserves the right to make changes for future orders/bookings.

7) Liability

Camping.info bears unlimited liability for intent and gross negligence, but in the case of ordinary negligence only when essential contractual obligations are violated. Essential contractual obligations include the careful processing of data and information uploaded by the campsite operator and communicating them to the respective contractual partners (brokerage services). Liability in the case of a violation of such an essential contractual obligation is limited to damages typical for the contract, the incurrence of which Camping.info would reasonably have foreseen at the time the contract was entered into as a result of the known circumstances at that point in time.

The information that we receive in connection with a booking and forward to the campsite operator (in an automated fashion) is based on the information which the respective campers provide us. Camping.info can no more provide any guarantee for their correctness, accuracy, and completeness than for the information which the campsite operator himself provides. We also cannot be held liable for errors (including obvious errors or printing errors), interruptions (due to a temporary and/or partial failure, repair, updating, or maintenance work on our website or some other reason), imprecise, misleading, or untruthful information or the failure to provide the information, for which Camping.info is not at fault.

In cases where redirection from the marketplace to databases, websites, services etc. of third parties, e.g. via the provision of links or hyperlinks or interfaces to administrative systems (property management systems) is possible, Camping.info shall not be liable for the accessibility, existence, or security of these databases or services, nor for their content. Camping.info shall only be liable for the loss of data as laid out in the preceding paragraphs when such a loss could also not have been avoided via appropriate data backup measures by the campsite operator. The preceding limitations on liability also apply analogously in favor of the vicarious agents of Camping.info.

The preceding limitations on liability do not apply provided and to the extent that damage claims are asserted due to loss of life, bodily harm, or injury to health for which Camping.info is at fault.

8) Intellectual property/rights of use

By uploading information, images, videos, and offerings (hereinafter collectively referred to as „content“) to the marketplace, the campsite operator hereby grants Camping.info a worldwide, non-exclusive, irrevocable, indefinite, transferable, and royalty-free right (the license) with the right to sub-license, to - to the necessary extent - use, process, disseminate, and transmit the content, as well as make the content publicly available and showcase it in order to provide the contractual services as laid out in Section 2.

Furthermore, the campsite operator grants Camping.info the right (the license) to market, advertise, display, incorporate, and use the content uploaded to the marketplace. This applies not only to the marketplace itself, but also for marketing which exceeds the scope of the marketplace per se (online, in social networks, newsletters etc.) and for e-mail advertising purposes. Camping.info shall conduct the online and marketing campaigns at its own expense and at its own discretion. This right can be revoked or restricted by the rightsholders at any time with effect for the future by submitting a written declaration to Camping.info.

Without restriction of the provisions in these General Terms and Conditions, the campsite operator acknowledges and agrees that the marketplace as well as its content are protected by copyright, trademarks, database rights and other laws. The campsite operator shall undertake to refrain from as well as inhibit (within his scope of responsibility) any form of use which violates these or such intellectual property rights of Camping.info, those of service providers commissioned by Camping.info and distribution partners or third parties.

9) Data security and privacy policy

The servers of Camping.info are secured according to the state of the art, in particular via firewalls; however, the user is aware that all parties are exposed to the risk of transmitted data being intercepted along transmission pathways. This not only applies to the exchanging of information via e-mails which leave the system, but also to integrated messaging systems as well as for all other data transmissions. Hence, the confidentiality of the data transmitted in conjunction with the use of the marketplace cannot be fully guaranteed.

With the access authorization as laid out in Section 3, the campsite operator provides Camping.info and all other users with the guarantee that the data the campsite operator transfers complies with data protection requirements (in particular, but not exhaustively with the EU GDPR). The campsite operator also indemnifies Camping.info against all third-party claims, even those under public law. In particular, the campsite operator himself is to ensure that any necessary declarations of consent are obtained from employees before their personal data is uploaded to the marketplace as part of the configuration of employee logins or in any other fashion. The campsite operator acknowledges that, with regard to the campers whose personal data is transmitted to him via the marketplace and the online booking system, he himself is considered a controller as set out in the EU GDPR.

Furthermore, the campsite operator acknowledges the privacy policy of Camping.info and shall himself undertake to ensure that the provisions of this policy are complied with.

10) Cession of rights

A partial or full transfer of the campsite operator‘s rights from the contract with Camping.info to third parties is prohibited.

11) Term of contract

The contract, which is subject to these General Terms and Conditions, is hereby entered into indefinitely. It begins with the approval authorization by Camping.info as laid out in Section 3.

The contract can be terminated by both parties at the end of each month by giving three months‘ notice.

Each party has the right to terminate the contract for cause without giving any notice. In particular, the following constitutes cause for Camping.info:

A violation of the provisions of these General Terms and Conditions by a campsite operator which is not eliminated even after a grace period;
Tortious action on the part of a user or the attempting of such actions, e.g. fraud;
A campsite operator is more than six weeks in default with a payment to be made to Camping.info
or the partner of a contract brokered by Camping.info;
Constant operational disruptions as a result of force majeure which are beyond the control of
Camping.info, such as natural disasters, fires, or the collapse of distribution networks for which no
one is at fault.

Every termination must be made in text form. Terminations via fax or e-mail satisfy this text form requirement.

12) Final provisions

The law of the Federal Republic of Germany applies to the exclusion of the CISG. The place of jurisdiction for all legal disputes is Berlin. Furthermore, Camping.info is also entitled to bring action against the campsite operator at the latter‘s general place of jurisdiction. Should individual provisions of these General Terms and Conditions be or become unenforceable and/or contradict statutory regulations, this shall not affect the enforceability of the rest of the terms of use. The unenforceable provision shall, in mutual agreement between the contractual parties, be replaced by such a provision which most closely approximates the economic purpose of the unenforceable provision in a legally enforceable fashion. The aforementioned provision apples analogously in the event of loopholes. Version: 01/2020

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