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Condizioni generali di servizio
HomeCamper (hereafter known as “Website”) is a web platform, accessible at www.homecamper.com operated by the HomeCamper SAS company, a simplified limited liability company, open-ended capital no less than 142 510 €, with its registered office located at 39 rue Lagorsse 77300 Fontainebleau and is registered with the Paris trade companies under the ID number 811 050 434.
Said platform is dedicated to the publication of advertisements by Property Owners (as the term is defined in section 1.1) to Campers (as the term is defined in section 1.1) with an account (or the “User(s)”) by allowing them, under certain profile and contact conditions, to create and publish online.
The purpose of these Terms and Conditions (the “Conditions” or all together, the “Contract”) is defined by the terms and conditions governing the relationship between the Users and HomeCamper. These Conditions constitute a contractual agreement for an indefinite period of acceptance by the User of this Contract.
By clicking on “Register on HomeCamper” the User acknowledges having read the Terms and Conditions and agrees to be bound by them. If the user accesses the Website on behalf of a company or other legal entity, they are nevertheless bound by the Contract.
Last Updated: February 14, 2020
Article 1 – Website Registration
1.1 Definition of key terms
Unless they are defined in other sections of this Contract, the terms and expressions expressed below have the following meanings:
- “Advertisement” means an Internet post gathering the information posted online on a page dedicated on the platform of the Website by the Property Owner;
- “Camper” means any User wishing to rent land to camp on;
- “Camping” is the recreational activity of a of the Camper, with equipment to perform the essential activities in daily life, to temporarily use a portable shelter;
- “Property Owner” means any user posting an Advertisement on the Website to rent their land; and
- “Land” means any private land that the Property Owner has full access of.
1.2 Eligibility for Service
To be eligible for service (as the term is defined in Article 2), the User must be a physical person over the age of 18 and have full legal capacity.
1.3 Creation of an account
Creating a membership account on HomeCamper is a prerequisite to use the Services on the website. It requires completion of the registration form available on the website, providing accurate, current and complete information.
This information will be, thereafter, subject to regular updates by the user in order to preserve their accuracy. The User must use a valid email and choose a username and password, and must provide the following information: first name and last name. Access to the User account is strictly confidential. In case of unauthorized use of an account or any other breach of confidentiality and security, the User shall without delay inform HomeCamper.
Each User agrees to only create one account corresponding to their profile.
Creating an account allows the user to access the following Service(s):
- • Creating and updating of the User profile
- • Advertisement of Land (as such term is defined below); and
- • Research and make contact with Users who have published an advertisement
Article 2 – Terms
2.1 Rental Payment
Assuming a Camper books Land via the Website, payment of the payment is done exclusively online on the Website, using a credit card that is in the name of the Camper.
HomeCamper receives a service fee of 3€ for reservations that are less than or equal to 20€, or 15% for bookings that are above 20€. The price is set by the Property Owner for each property and is to be paid by the Camper.
HomeCamper also charges Hosts with a service fee of 7% with a minimum of 2€. The host service fee is calculated from the booking subtotal (before fees and taxes) and is automatically deducted from the payout to the Host.
HomeCamper uses the secure payment service provided by the company MangoPay. Members using the payment system recognize and accept the Terms and Conditions of MangoPay. HomeCamper has no access to confidential bank data (16 digit credit card number, the expiration date, and the CVV code), which are directly transmitted to the bank server.
The Camper is committed to their reservation as soon as it is “Paid” AND the Property Owner has “Accepted” the request. In case the Property Owner has “Declined” the reservation, it is cancelled and the payment is fully cancelled or refunded.
The recipient of the payment is the Property Owner who charged HomeCamper with the purpose of giving out their name and an invoice in their account, which is the entire sum that is due to the Property owner after HomeCamper’s commission is deducted - which is owed from the Property Owner and the Camper in accordance with the established policies and bank charges. HomeCamper will also issue an invoice to the Camper in their own name upon the payment of commission that is due from the Camper. The automatic registration systems are considered as proof of the nature of the content and the booking date.
HomeCamper confirms to the Camper the acceptance of their reservation by sending a confirmation message to the email address that the Camper has already given.
HomeCamper reserves the right to refuse or cancel the reservation of any particular User’s stated insolvency by the Camper or in the event of a default on the payment for the reservation or a dispute over a payment of a pervious reservation. The information indicated by the Camper, at the time of the input of inherent information at the booked reservation. HomeCamper is not responsible for any booking errors by the Users in the wording in the text fields to complete a reservation (for example billing address).
2.2 Cancellation of a booking and refund conditions
Once the Property Owner has “Accepted” a reservation request, the Property Owner or the Camper have the option to cancel the reservation until the stated day of arrival, at the latest.
For the Camper, a reservation is officially cancelled when the user clicks on the “Cancel” button, which is accessible by selecting Menu > My trips > “Cancel” and the booking status indicates “Cancelled”.
For the Property Owner, a reservation is officially cancelled when the user clicks the “Cancel” button accessed by selecting Menu > My Reservations > “Cancel” and the booking status indicates “Cancelled”.
If the cancellation takes place before the arrival date, the payment is repaid in full to the Camper (including the HomeCamper commission). If the request for cancellation is made after the arrival date or the Camper does not show up, no refund will be made.
Article 3 – Use of the Website’s Services
3.1 The Right to access of the Website
HomeCamper, according to the Conditions, grants limited dismissible, nonexclusive, nontransferable access to personal Services. Any use of the Website to the contrary is strictly prohibited and constitutes a breach in contract. To ensure proper use of the Website, it is required that the Website is optimized for:
- • A screen resolution of 1280x768 pixels;
- • The latest browser versions of Internet Explorer, Chrome, Firefox, and Safari.
All hardware and software necessary to access the Website and use of the Services are at the sole responsibility of the User.
HomeCamper reserves the right to suspend, modify, replace, refuse access or remove the accounts of any User at their discretion.
3.2 Responsibilities of the Users
The Users are prohibited from:
- 1. Transmitting, publishing, saving or destroying material, especially any HomeCamper content is in direct violation of the laws and regulations concerning the collection, processing or transfer of personal information;
- 2. Creating false profiles;
- 3. Providing inaccurate information in the registration or not updating the information regularly;
- 4. Distributing data, information, or content that is defamatory, abusive, obscene, offensive, violent or inciting violent, political, racist, or xenophobic character and any content that is acting in immoral behavior;
- 5. Referencing or linking any content or informational that is available on the HomeCamper Website, unless explicitly authorized by the present Conditions;
- 6. To get other Users’ passwords or personal information;
- 7. The use of information, content or data contained on the Website in order to provide information to any service that would be considered competition to HomeCamper;
- 8. To sell, exchange, make money off of information, content or data contained on the Website or Service offered through the Website without express written consent of HomeCamper;
- 9. Removing or editing any material published by any other person by the Website, particularly in the context of an invitation from a new contact.
- 10. Reverse engineering, decompiling, disassembling, decrypting, or otherwise attempting to obtain source code related to any intellectual underlying intellectual property used to provide some or all of the Services;
- 11. To use manual or automatic software, coding robots or other means to access the Website in an attempt to extract or index any page on the Website;
- 12. Endangering or attempting to endanger the security of the HomeCamper Website. This includes any attempts to control, scan or test the vulnerability of the system or network to breach security or authentication measures without express prior authorization;
- 13. Counterfeiting or use of the products, logos, trademarks or other material protected by HomeCamper’s intellectual property rights;
- 14. Simulate the appearance or function of the Website, in effect mirroring the Website;
- 15. Disrupting or disturbing, either directly or indirectly, HomeCamper or their Services, or imposing a disproportionate burden on the infrastructure of the Website or attempt to transmit or activate a computer virus via or through the Website.
It is reminded that any violation of the security of the system or network can lead to civil and criminal prosecution. HomeCamper checks for any violations and can call on judicial authorities to prosecute, when appropriate, of users involved in any such violations. Users agree to use the Website in a fair manner, in accordance with its professional purpose, while complying with the law and the rules presented in the Terms and Conditions.
Article 4 - Use of the Website
The entire content of the site including, the design, text, graphics, images, videos, information, logos, icons, software, audio, and etc. that belongs to HomeCamper, which is the sole owner of all of the intellectual property rights. Any representation and/or reproduction and/or partial or total use of content and services offered by HomeCamper, by any means whatsoever without the prior written permission of HomeCamper is strictly prohibited and will lead to prosecution.
Article 5 – Personal Data
All personal data given to HomeCamper are collected legally and fairly. This data provided by the Users, who agree by creating an account on the Website, that they are voluntarily and expressly authorizing HomeCamper to process the data according to the Terms and Conditions.
Article 6 – Liability
HomeCamper does not control the accuracy of the content generated by the Users, therefore, HomeCamper does not guarantee the accuracy of the information provided in the content and would in no way be held liable for this information. Only the User, with the exception of HomeCamper, is responsible for all data and information concerning what they have provided, that the given information are not accessible by the public and more generally, the User is solely responsible for their use of the Website. HomeCamper is under no general obligation to monitor the information provided by members, nor under any obligation to delete content that would not appear to be unlawful, despite the description. HomeCamper does not guarantee that the use by the User, of the Website will not infringe on the rights of other third parties.
HomeCamper does not guarantee the legality of the activity offered by the Property Owner on their land and in particular through the Website, nor the use of the Land by the Camper. Therefore, it is up to the Users to ensure the legality of the camping or other activities they plan and organize the legal and financial terms of their relationship they are solely responsible.
HomeCamper shall in no event be liable especially for:
- 1. The consequences of virtual or real meetings between Users following use of the Website;
- 2. The legality of Ads published on the Website;
- 3. For any damage resulting from any wrongdoing caused by the User, or any and all events attributed to a third party unconnected with the coverage of the electronic signature service, or in the event of an act of God.
For all services offered on the Website, HomeCamper does not in any case guarantee the quality of rented land; the role of HomeCamper is limited to facilitating meetings between the Property Owners and the Campers. More generally, HomeCamper is not responsible in any capacity whatsoever for third party acts carried out by the Users via the Website. It is recalled that the data published by the Users and the information shared by them can be received and used by other Users or third parties. In this sense, HomeCamper does not guarantee respect for the property of these data, it the User’s responsibility to take all necessary measures to protect their own data.
HomeCamper does not guarantee the uninterrupted or error-free operation of the Services; HomeCamper is especially not to be engaged in case of interruption of access to the Website due to maintenance, updates, or technical improvements. HomeCamper is not responsible for any delay or failure of this Contract justified by any Act of God, as defined by case law of French courts and tribunals.
Article 7 – Termination
The User may at any time terminate this Contract by visiting the website and following the procedure provided for this purpose. HomeCamper reserves the right to restrict, suspend or terminate, without notice or refund, the account of any User who uses the Services improperly or inappropriately. The judgment of User behavior is reserved to the discretion of HomeCamper.
Article 8 – Contract of proof
Systems and computer files are authentic in relations between HomeCamper and the User. So HomeCamper legitimately occurs in any proceeding, as evidence data, files, programs, recordings or other items received, sent or stored by means of computer systems operated by HomeCamper on all digital or analog media, and rely absent of any obvious error.
Article 9 – Miscellaneous
9.1 Entirety and indivisibility of the Contract
The present Contract constitutes the entirety of the agreement between the User and HomeCamper. It supersedes any prior contract agreement, written or verbal. The fact that any of the provisions of the Contract is or becomes illegal or unenforceable shall not affect in any way the validity or enforceability of the remaining provisions of the Contract.
9.2 Changes in the Contract
HomeCamper reserves the right to amend, supplement or replace these Conditions. In case of refusal of the new provisions by the User, it is reminded that the User may at any time, in accordance with Article 7, terminate this Contract.
Article 10 – Settlement disputes
10.1 The conclusion, interpretation and validity of this Contract shall be governed by French law, whatever the country of origin of the User or the country from which the user accesses HomeCamper and notwithstanding any principles of conflicts of laws. In the event that a dispute over the validity, performance or interpretation of this Contract is brought before the civil courts, it will be subject to the exclusive jurisdiction of the courts of the Paris Court of Appeals, which is expressly given out authority, even if the case refers to multiple defendants.
10.2 The parties agree to submit, in any dispute that may arise in connection with the interpretation and/or implementation of these or in connection with this Website and/or purchase and/or attempted to purchase through it, to a conventional mediation or other alternative settlements. Customers may contact the Centre for Mediation and Arbitration of Paris, 39 Avenue Franklin Roosevelt, 75008 Paris, January 44 95 11 40, email: firstname.lastname@example.org
10.3 In case of failure of this mediation process, the rules of the Code of Civil Procedure will apply.
Article 11 – Coupons
Only HomeCampers “members of the site who have an account” can benefit from a coupon. A coupon is a voucher that can be used as payment for a trip. It is not exchangeable or refundable, nor transferable. The HomeCamper can only use one coupon per transaction and they will have to pay the difference between the total travel amount and the face value of the coupon.
- - A minimum purchase amount
- - A specific expiration date
Obtaining a coupon
A customer can get a Coupon:
- - As a part of a promotional operation organized by HomeCamper or its partners, are limited to one coupon per person, per household. Any attempt to circumvent this limitation will cause irreversible termination of all accounts of the Customer and the prevention of creating a new account. The HomeCamper company reserves the right to request reimbursement of the sum of an unjustly used coupon and will prosecute in cases of refusal.
- - In the case of a gesture of goodwill, the Coupon is valid for one year from its date of creation.
- The service provided by this website is edited by HomeCamper SAS (simplified limited liability company), open-ended capital no less than 142 510 € — 811 050 434 R.C.S.
- Head Office:
- 39 rue Lagorsse 77300 Fontainebleau
- Head of publication:
- Etienne de Galbert
+33 (0)1 76 40 24 95
- OVH SAS—2 rue Kellermann, 59100 Roubaix, France / +33 (0)8 203 203 63