IT IS IMPORTANT THAT YOU CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE YOU USE WWW.CAMPSITED.COM BECAUSE YOUR USE OF OUR WEBSITE IS SUBJECT TO THEM.
1.1 Campsited is the trading name of Ecommodation Lab Limited, a company incorporated under the laws of Ireland (company registered number 532145) with its registered office at Glenwoord, Park Road, Killarney, County Kerry, Ireland, and we provide a booking service, allowing you to book accommodation at campsites and/or ancillary travel services (the "Services") with accommodation providers (“Accommodation Provider”), through the website www.campsited.com (the “Site”). These are the terms and conditions (the "Terms") that govern the use of the Site and the Services. All references to "We", "Us" or "Our" in these Terms refer to the operator of the Site, Ecommodation Lab Limited.
1.2 By using the Site and/or the Services (even as a casual browser) you confirm your acceptance of the Terms. You confirm that you are of sufficient age to lawfully use the Site, enter into a contract and to create binding legal obligations for any liability you may incur as a result of your use of the Site.
1.3 Please note that the Terms may vary from time to time without notice to you and that your continued use of the Site and/or the Services following such change constitutes your acceptance of the new Terms. You should check these Terms for any changes each time you access the Site and we recommended that you print off a copy of these Terms as and when your booking/s are made.
1.4 If you do not accept these Terms, do not use this Site and do not make a booking via the Site.
1.5 We do not provide, own or operate any accommodation or travel services ourselves and by booking on the Site, you agree to enter into a contract with the Accommodation Provider and not our Site, which is acting only as agent for the Accommodation Provider. We are not responsible for the fulfilment of any booking made through our Site. In the event of a problem arising with your accommodation or other travel services, you should contact the Accommodation Provider.
2. Use of Campsited
2.1 To use some of the Services or features on the Site, you will need to provide various personal details. In return for using the Site and benefiting from the Services, you agree to provide true, accurate, current and complete information about yourself where required.
2.2 When you use the Services or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
3. Bookings and payment
3.1 On making a booking through the Site, you will be required to submit your credit card or debit card information to us to pay a 10% deposit (“the Deposit”). The Deposit is calculated as a percentage of the total value of the transaction with the Accommodation Provider and is our fee for the Services. The Deposit will be deducted from the total cost of your stay.
3.2 You will also be required to pay a transaction fee for each booking with us, which is calculated as 2.4% of the total value of the Deposit plus €0.24 (“the Transaction Fee”). The Transaction Fee is charged by our third party payment provider ‘Stripe’ to process payment. Please note that the Transaction Fee may vary at the discretion of ‘Stripe’.
3.3 When a booking is confirmed we will issue a confirmation email.
3.4 While we require that Accommodation Providers display the full price of the booking, we cannot guarantee that the price displayed on the Site is the total price, inclusive of all taxes and levies, and the price of the booking is ultimately the responsibility of the Accommodation Provider rather than ours. You acknowledge that we shall not have liability to you in respect of any attempt by an Accommodation Provider to levy additional value added taxes or other taxes on you at the point of payment as a supplement to the price displayed and your sole recourse in this regard will be against the Accommodation Provider.
3.5 The reference numbers included on the booking confirmation should be quoted in all enquiries or a cancellation of the booking when you need to contact us or the Accommodation Provider.
3.6 You agree to the Accommodation Provider having the ability to contact you to confirm the booking and, if requested by the Accommodation Provider in accordance with their reservation policy, pay the remaining balance of your booking in advance of your arrival at their accommodation. Alternatively, you will be responsible to the Accommodation Provider on your arrival at their accommodation for payment of the balance of the cost of the booking, together with any additional services agreed with the Accommodation Provider.
3.7 We strongly recommend that you check and confirm with the Accommodation Provider the exact terms and conditions upon which the Accommodation Provider makes the accommodation and any service available to you.
3.8 All bookings placed through our Site will be subject to the Accommodation Provider’s acceptance of the booking. While we would expect it to be a rare occurrence, please note that an Accommodation Provider reserves the right to refuse admission to guests and/or cancel a booking at any time without any liability if they believe the guests may engage in anti-social behaviour or adversely affect the smooth running of their accommodation, its security or reputation at their absolute discretion. We shall not be liable or responsible in anyway in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with the Accommodation Provider’s refusal to allow access to their accommodation or their cancellation of booking in such circumstances, save that you may be entitled to a refund of the Deposit in accordance with clause 4.2.
4. Campsited's Obligations
4.1 Any cancellation of your booking must be made with us or directly with the Accommodation Provider.
4.2 In the event that you cancel your booking in compliance with these Terms and within any permitted timeframe specified on the Site:
(a) you will be entitled to a refund from us of the Deposit minus a cancellation fee of 10% of the deposit, which is our fee to process the cancellation. The Transaction Fee paid by you to secure the booking is non-refundable.
(b) while we require that the Accommodation Providers refund any and all monies paid by you to the Accommodation Provider to that date, we cannot guarantee that they will do so, and the refund of any monies paid by you to the Accommodation Provider is ultimately a matter between you and the Accommodation Provider.
4.3 If you cancel your booking, outside of the permitted timeframe specified on the Site:
(a) we will provide you with a credit for the Deposit which can be used to offset the cost of future bookings on the Site. The credit will be minus a cancellation fee of 10% of the deposit, which is our fee to process the credit. Please note that the Transaction Fee paid by you to secure the booking will not form part of the credit;
(b) we will email you with a confirmation of the credit and terms applicable to the use of same;
the Accommodation Provider, may at their discretion provide you with a refund for some or all of the monies paid to them and we recommend that you review their cancellation policy in such circumstances.
4.4 If you fail to arrive by the agreed check-in time this may result in the cancellation of your entire booking and in such circumstances we and the Accommodation Provider will be entitled to retain the Deposit and any monies paid by you respectively.
4.5 If you fail to provide true, accurate, current and complete information about yourself, in accordance with Clause 2.1, we and/or the Accommodation Provider shall be entitled to cancel your booking and retain the Deposit and/or any other monies paid by you without any recourse to us or the Accommodation Provider respectively.
4.6 We strongly recommend that you obtain appropriate travel insurance to cover (amongst other things) unexpected cancellations.
4. Reviews and conduct on the site
5.1 We may allow you to submit reviews, comments, suggestions, ideas, questions or other information on the Site in relation to your stay with an Accommodation Provider (“the Content”), as long as the Content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or objectionable, or otherwise injurious, at our absolute discretion, to the Accommodation Provider, us or any third parties. The Content shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You are not permitted to transmit anything which, in our opinion, harms our business or offends other users, including the Accommodation Provider.
5.2 You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. We reserve the right to remove or edit the Content and we will not be liable at all for doing this. If you believe that any third party content on or advertised on the Site contains a defamatory statement please notify us immediately but we will not be liable for the content on the Site.
5.3 The Accommodation Provider will have your contact details and may contact you to ask further questions about your experiences in order to help them to make further improvements.
5.4 You are not permitted to do anything which may disrupt in any way the operation of the Site and the Services, nor are you permitted to do anything which would disrupt the use of the Site and the Services by any other user.
5.5 Although we cannot monitor the conduct of the users of the Site, it shall be a violation of these Terms to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.
6. Liability and disclaimers
6.1 We are the Accommodation Provider's agent and are not a party to the contract between you and the Accommodation Provider for the provision of accommodation or any travel services. We have no responsibility or liability to you in respect of the terms of your contract with the Accommodation Provider and to the greatest extent permitted by applicable law, all representations, warranties and conditions, whether express or implied, statutory or otherwise are hereby excluded, including without limitation representations, warranties or undertakings about any of the Services, third party content, facilities, information and/or materials on the Site, including without limitation, (i) the accuracy of the descriptions of the accommodation and other services that are displayed on our Site or their completeness or their merchantability, quality or fitness for a particular purpose (ii) the fulfilment of a booking for accommodation or services made through the Site; (iii) any Accommodation Provider or third party comments displayed on the Site; (iv) any error or failure in the making or recording of a booking which is due to your error or which is due to any other circumstances that are outside our control.
6.2 We will not be liable for any claims, losses, damages whether indirect, special, incidental, punitive, consequential or otherwise, whether occasioned by the negligence, fault, error, omission, act or breach by us, whether or not foreseeable, arising out of or in connection with the Services and/or the Site in any action based on statute, contract, equity or tort including negligence or otherwise in law, of any nature resulting from but not limited to: (i) your use of the Site; (ii) the unavailability of the Site (iii) any unauthorised access to or alterations of your Content, transmissions or data; (iv) any conduct of any third parties on the Site (v) any difficulty, accident, illness or any other problem which is caused by the Accommodation Provider or other services or which are suffered by you or any of your party during your stay at the accommodation and/or (vi) any cancellation of a booking by an Accommodation Provider for any reason whatsoever or any failure to provide all or any part of your agreed service with the Accommodation Provider.
6.3 The Site is provided strictly on an "as is" basis and, in particular, we do not warrant that the information published on the Site will be error-free or that the Site will be virus or bug-free.
6.4 Our maximum aggregate liability to you (whether in contract, tort or otherwise) shall be limited solely to the value of the Deposit that has been paid for that booking.
6.5 The listing of any accommodation or travel service on the Site is not and should not be taken as a specific recommendation from us or a representation that the accommodation or travel services will be suitable for your purpose or that the accommodation or services will be of any particular quality.
6.6 We make reasonable efforts to ensure that all credit card and debit card transactions carried out via the Site are secure. However, if unauthorised charges appear on your credit card or debit card statement for use on the Site at any time during or after you make your booking, we shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorised charges appear as a direct result of our negligence and subject to any statutory rights which you may have.
6.7 We may at any time, and at our absolute discretion, suspend and/or terminate your use of the Site and/or the Services and/or remove or edit the Content. In such an event, we shall not be liable to you or any third party for any loss or damages suffered on account of such suspension and/or termination.
6.8 We do not control or screen the Content of what is posted to, from or via the Site and accordingly we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. We will not be responsible or liable for anything which has been transmitted or received, or ought to have been transmitted or received but was not.
6.9 We, the Accommodation Provider or third parties may provide links to other websites or resources on the Site. These are provided purely as a matter of convenience and we do not endorse the contents of those websites. We are not responsible for the availability of these websites, nor will we be liable in any way for any loss or damage which you may suffer by using those websites. The inclusion of hyperlinks on this Site to such other websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access those websites you do so at your own risk.
7. Intellectual property rights
7.1 All text, software, music, sound, information, content, photographs, graphics, video, page layouts, logos, design, button icons, images, trademarks, trade names and other material that is contained on the Site or is part of the Services, is protected by the laws of copyright, trade marks, database rights, service marks, patents or other proprietary rights under national laws and international treaties.
7.2 We own or are licensed to use all intellectual property rights (including but without limitation all copyrights, patents, trade marks and trade secrets) in connection with and in all versions of the Site and the Services, the software we use to operate the Site and the Services and any data (including data obtained from you) generated by users of the Site and the Services. Our website is made available for personal use and you are not permitted to change, transfer, copy, store, publish, rent, licence, sell, distribute or create derivative works in any way any of these intellectual property rights.
7.3 If you post Content or submit material on the Site, and unless we indicate otherwise, you grant us a non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Content throughout the world in any media.
8.1 You agree to indemnify and hold us, our subsidiaries, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees (including any legal fees incurred in connection therewith), made by any third party due to or arising out of your use of the Site or in contravention of these Terms by you.
9.1 The failure or delay by us to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at time or times thereafter.
9.2 The headings used in these Terms are for convenience only and shall not affect the meaning or scope of these Terms or otherwise be given other legal effect.
9.3 You agree that we shall carry no responsibility for non-fulfillment or delayed fulfillment of the Services owing to force majeure, war, acts of terrorism, riots, civil unrest, intervention by government or public authorizes, fire, strike or lock-out, export and/or import bans, shortage of labour, fuel or power or any other cause beyond the control of us which may delay or impede the Services.
9.4 You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of this Site.
9.5 If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
9.6 We may use the Site, the Services or the correspondence we send to you to run advertisements promoting products and services we offer. Any person or corporation duly authorised by us may use the Site to advertise or promote their products or services.
9.7 The original English language version of these terms and conditions may have been translated into other languages. The translated version of the English version is a courtesy translation only and the parties’ rights and obligations are and shall be determined by the English version. In the event of a dispute about the contents or interpretation of this Agreement or in the event of any conflict, ambiguity, inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail and be binding and conclusive. The English version shall be used in any and all legal proceedings.
9.8 Any notice or other communication to use in connection with the Services shall be in writing and shall be:
(a) delivered by hand or sent by prepaid post to Glenwood, Park Road, Killarney, County Kerry, Ireland;
(b) sent by email to firstname.lastname@example.org; or to such other address, as is from time to time notified in these Terms.
9.9 These Terms shall be governed by and construed in accordance with the laws of Ireland. You hereby agree that the courts of Ireland shall have exclusive jurisdiction to hear and determine any suit, action or proceedings that may arise out of or in connection with this Terms and/or Services and for such purposes irrevocably submits to the jurisdiction of such courts.