IT IS IMPORTANT THAT YOU CAREFULLY READ THIS AGREEMENT BEFORE YOU REGISTER WITH AND/OR USE WWW.CAMPSITED.COM. BECAUSE BY USING WWW.CAMPSITED.COM YOU AGREE TO BE LEGALLY BOUND BY AND ACT IN ACCORDANCE WITH THIS AGREEMENT.
This agreement is entered into between Ecommodation Lab Limited, a company incorporated under the laws of Ireland (registered number 532145) with its registered office at Glenwood, Killarney, County Kerry (hereinafter referred to as “Campsited”) and you, the Accommodation Provider ("AP").
Campsited and the AP have agreed to enter into this Agreement in order to set out the conditions applicable to the reservation by Customers (as hereinafter defined) via Campsited.com (or any domain name variation of Campsited) of Available Accommodation (as hereinafter defined). The AP has requested that Campsited carry out the Services (as hereinafter defined) by its registration with Campsited.com.
NOW THIS AGREEMENT WITNESSETH that, in consideration of the mutual covenants provided for, the parties hereto respectively covenant with each other as follows:
"Available Accommodation" means all pitched and fixed accommodation at the campsite of the AP which are made available to Customers on any given night that the AP’s campsite is open for business.
"Booking Price" shall mean the total price (including VAT, local taxes or other costs) that the AP quotes on Campsited.com or a Third Party Website for the total number of nights that a Customer requests to stay at the AP’s campsite and shall include all Optional Extras and the price of all non-optional ancillary products and services.
"Campsited.com" refers to Campsited’s booking engine and website and proprietary technology which Campsited makes available to the AP as an online reservations system enabling Customers to check Campsite Information and process reservations.
"Campsite Information" shall mean accurate and complete information in relation to the AP’s campsite, including but not limited to a description of the campsite (including photos), its facilities, amenities and location, details of the Available Accommodation, Optional Extras available to Customers, the Booking Price, the length of any Customer cancellation notice or other material information.
"Campsite Owner Administration System" refers to the online management system provided by Campsited for the management and administration of the Campsite Information on Campsited.com.
"Customer(s)" shall mean third party customers which intend to or have reserved Available Accommodation at the AP’s campsite.
"Deposit" shall mean the deposit amount, calculated as 10% of the Booking Price paid by the Customer via Campsited.com to secure an individual booking for the duration of the Customer’s stay at the AP’s campsite including all Optional Extras, or any varied Deposit amount (if agreed to by the parties) collected from Customers by Campsited for and on behalf of AP. For the avoidance of doubt, each booking via Campsited.com by Customers will incur a Deposit charge.
"Intellectual Property" means any and all discoveries, inventions, concepts, ideas, patents, trade-marks, service marks, registered designs, drawings, utility models, design rights, copyright (including the copyright in software in any code), database rights, database designs, trade secrets and other confidential information, technical information, technology, know-how, processes, business ideas, methods, techniques, concepts, business or trade names, goodwill and other rights of every kind deriving from the other intellectual property and rights of a similar or corresponding nature in any part of the world, and any of the foregoing, whether registered or not, or capable of registration or not, and which now or at any time hereafter belong to it, and including all applications and the right to apply for any of the foregoing rights and all User Content created on Campsited.com.
"Login Details" means the account login details created by the AP to enable it to set up an account on Campsited.com and accept bookings from Customers via Campsited.com.
"Optional Extras" shall mean, save for the Available Accommodation, all additional travel or accommodation services provided by the AP to the Customers, at the discretion and optional purchase of the Customers.
"Services" means the provision by Campsited of an online reservation service for accommodation and Optional Extras via Campsited.com and advertising and publishing the Campsite Information on Campsited.com.
"Term" shall mean the term of this Agreement as specified in clause 8.
"Third Party Websites" shall mean any websites, forums or technology platforms, save for Campsited.com, by which the AP advertises its Campsite Information, Booking Price or its Optional Extras including AP’s own website.
"User Content" shall mean any material, information, reviews posted by Customers or users of Campsited.com of their accommodation experiences and/or general postings of messages and other communications generated on Campsited.com, including content generated by the AP;
1. Payment for Services
1.1 In consideration of the provision of the Services, the AP agrees that Campsited shall retain the Deposit from Customers which use Campsited.com to reserve Available Accommodation and Optional Extras at AP’s campsite.
2. Campsite Information
2.1 The AP shall provide true, complete and not misleading Campsite Information now and on a continuing basis for inclusion on Campsited.com throughout the Term. The AP will supply the Campsite Information in any format that is required by Campsited.
2.2 The AP hereby grants Campsited a non-exclusive, transferable, worldwide, royalty free licence to use the Campsite Information throughout the Term. Campsited shall be entitled to promote the Campsite Information, at its absolute discretion, using the AP’s campsite name and Campsite Information during the term of this Agreement in online marketing at its own cost.
2.3 The AP shall ensure that the Booking Price that it supplies to Campsited is accurate and inclusive of all value added or other taxes payable by the Customer and it undertakes not to levy further taxes on the Customer other than those specified within the Campsite Information.
2.4 The AP shall not include within the information for listing on Campsited.com: (i) its contact details including its telephone number, fax number, email address, website address or social media page references, (ii) direct references to Third Party Websites or (iii) any other means by which a Customer could directly contact the AP. In this regard, Campsited reserves the right to exclude or edit any of the AP’s information which it considers to be incorrect, inappropriate or incomplete or in breach of this clause 2.4.
2.5 The AP warrants that (i) the Campsite Information is owned by the AP and (ii) in the event that any of the Campsite Information becomes untrue, inaccurate or misleading at any time during the Term, the AP shall inform Campsited in writing immediately.
2.6 The AP hereby acknowledges, agrees and undertakes that the personal data relating to Customers using Campsited.com is only made available to the AP for the purpose of enabling the AP to fulfil the booking. The AP shall not, for the avoidance of doubt, be entitled to use the Customers personal data for any other purpose, including but not limited to marketing, commercial solicitation, chain letters, mass mailings or any form of "spam".
3. AP'S Obligations
AP agrees, covenants and undertakes now and throughout the Term that it shall:
3.1 conduct its business in an efficient and businesslike manner, maintaining a high quality service to the Customers in compliance with all laws, regulations, authorisations, agreements and obligations applicable to it;
3.2 honour all bookings made through Campsited.com;
3.3 ensure that all Customers are treated equally (in particular with regard to gender, race, religion, disability and sexual orientation) both at the time of bookings and during the Customer’s stay at the AP’s campsite;
3.4 respond in a timely manner in relation to any and all queries from Campsited and/or Customers;
3.5 ensure that all its Available Accommodation and Optional Extras published on Campisted.com are done so on no less favourable cost basis than are published on any Third Party Website, and always on a real-time basis (i.e. first come first served) to the extent it is operationally practical to do so without incurring the risk of over-bookings and poor Customer experience;
3.6 maintain all such approvals, authorisations, consents, licences, permissions and registrations which are necessary or advisable to obtain from any person, including any governmental or other authority (including but not limited to any food authority, health and safety authority, fire services or planning authority) as are necessary so as to allow accommodation at the AP’s campsite to be provided lawfully to Customers or for the carrying on of its business, and ensure all relevant provisions and conditions have been complied with;
3.7 effect and maintain insurances on or in relation to its business, campsite, Available Accommodation, Optional Extras and assets with underwriters and insurance companies of repute against such risks customarily insured against by, and in the amounts reasonably and commercially prudent for, businesses carrying on a similar business and provide evidence of such insurance cover to Campsited on demand;
3.8 keep all Customer information confidential and will process such information in accordance with highest security standards and will ensure that Customer information obtained from Campsited is only ever used to contact the Customer to confirm their booking and obtain the balance of the Booking Price. This provision shall survive the termination or expiry of this Agreement;
3.9 ensure that the Login Details are kept in a safe and secure place and are not disclosed to any individuals who are not validly authorised by the AP, because the AP will be fully responsible for all activities which occur under the Login Details and also to immediately notify Campsited of any unauthorised use of the Login Details or any other breach of security as soon as the AP becomes aware of it;
3.10 not infringe the Intellectual Property and shall not at any time copy or reproduce in any way the whole or part of Campsited.com or any other Intellectual Property, and shall not attempt to ascertain or decompile or translate Campsited.com or Intellectual Property into any other computer language nor attempt to do so. This provision shall survive the termination or expiry of this Agreement;
3.11 ensure the performance of any of the transactions contemplated thereby do not and will not contravene or constitute a default under, or cause to be exceeded, any limitation on it or if applicable the powers of its directors imposed by or contained in (i) any document which contains or establishes its constitution or (ii) any agreement to which it is a party;
3.12 keep updating and maintaining the Available Accommodation, Optional Extras, Booking Price and Campsite Information via the Campsite Owner Administration System and amend any data entry errors which may arise in respect of same.
4. Campsited's Obligations
4.1 As soon as reasonably practicable after commencement of the Term (and thereafter throughout the rest of the Term) Campsited shall provide the Services to the AP to enable and facilitate the booking of Available Accommodation by Customers.
4.2 Campsited shall be entitled to generate and display the Campsite Information on Campsited.com in any manner and according to any system of ranking that Campsited determines, at its absolute discretion, to be appropriate. Such a system of ranking can be influenced by several factors, which include but is not limited to: (i) the quality score that Campsited assesses for each campsite based on its knowledge of factors including but not limited to the type of accommodation available for booking (ii) the standards of customer care provided and (iii) reviews of Customers. Campsited reserves the right to, at its absolute discretion: (i) vary the factors that determine the rankings given to such factors on Campsited.com and (ii) amend its ranking.
5.1 In respect of each Customer booking Available Accommodation through Campsited.com during the Term, Campsited shall collect the Deposit from the Customer (in its capacity as agent for and acting on behalf of the AP) by means of an online debit, credit card and/or other online payments’ transaction at the time the booking is made. The Deposit forms part of the Booking Price. The percentage of the Deposit may only be amended by way of mutual agreement between the parties hereto.
5.2 The AP will be responsible for collecting from the Customer the balance payable to the AP (being the Booking Price less the Deposit) according to the payment terms as specified by the AP on Campsited.com.
5.3 Campsited may at its own discretion charge a booking (or other processing) fee to Customers at the time of booking and the amount of that fee shall be determined by Campsited. The fee shall be for the account of Campsited notwithstanding that the fee may be charged to the Customer at the same time that the Deposit is collected from the Customer on behalf of the AP and for the avoidance of doubt shall not form part of the Booking Price.
5.4 Following termination or expiry of this Agreement any Deposits or fees shall continue to be payable by Customers in respect of Customer bookings which were made during the Term.
6. Cancellation Policy
6.1 In the event of a Customer cancelling its booking directly with the AP, and not via Campsited.com, the AP shall immediately process the cancellation via the Campsite Owner Administration System.
6.2 If a Customer cancels its booking via Campsited or directly with the AP, in full compliance with the AP’s cancellation term, as set out in the Campsite Information, and provided the AP refunds the full amount of any and all monies paid by the Customer to that date, Campsited may, at its discretion, also refund the Deposit to the Customer directly.
6.3 The AP agrees, covenants and undertakes that it shall give Campsited a true and proper account, in writing, of all refunds and it shall act in good faith in relation all such transactions at all times. For the avoidance of doubt, Campsited may contact the Customers directly to confirm their cancellation.
6.4 In the event of a failure by a Customer to turn up at the AP’s campsite for their booking, the AP shall be entitled to charge a cancellation fee in accordance with the AP’s cancellation policy, and Campsited shall be entitled to retain the Deposit. It shall be the responsibility of the AP to collect any cancellation fee from the Customer.
6.5 In any circumstances where the AP cannot honour a Customer booking, it shall:
6.5.1 provide (without recourse to Campsited) an equivalent (or superior) option for the Customer for the applicable night(s) (equivalent in terms of price, location and facilities) at no extra cost to the Customer other than the balance outstanding from the original booking; or
6.5.2 in the event that the Customer chooses not to accept the alternative accommodation offered by AP pursuant to clause 6.5.1, the AP shall refund all monies paid by the Customer for their booking and Campsited may, at its discretion, also refund the Deposit to the Customer and the terms of Clause 6.2 shall apply mutatis mutandis.
6.6 While the AP reserves the right to refuse admission to guests and/or cancel a booking at any time if they believe the Customer may engage in anti-social behaviour, or adversely affect the smooth running of the Available Accommodation, its security or reputation, the AP shall refund all monies paid by the Customer for their booking up to that date.
7. Liability and Indemnity
7.1 The AP hereby grants to Campsited the authority to conclude bookings with Customers on behalf of the AP and further agrees that Campsited shall have no responsibility to the Customer for the fulfilment of bookings. A booking creates an agreement between the Customer and the AP for the provision of an accommodation service to which Campsited is not a party.
7.2 The AP shall indemnify and keep Campsited indemnified on demand and on an ongoing basis against any liability, costs, damages, claims, demands, loss (including loss of profit), interest, refunds, fines or expenses of any nature whatsoever as a consequence of:
7.2.1 fraudulent or unauthorised use of any Customer information where the AP is identified as the party committing the fraud or permitting a third party to commit the fraud;
7.2.2 any complaint, claim or proceedings brought on the basis that the Campsite Information, Booking Price, Optional Extras are or have become untrue, inaccurate or misleading;
7.2.3 the use of the Campsite Information by Campsited;
7.2.4 any infringement of Campsited’s Intellectual Property by the AP;
7.2.5 any complaint, claim or proceedings brought which relate to a booking and/or the provision of an Available Accommodation, Booking Price, Optional Extras and/or any other service provided by the AP.
7.3 AP hereby agrees, acknowledges and accepts that Campsited shall have no liability to the AP, or any other person in contract, tort (including negligence), misrepresentation or breach of any duty for any liability, costs, damages, claims, demands, loss (including loss of profit), interest, refunds, fines or expenses of any nature whatsoever, including but not limited to (i) loss of data, income, profit, business or opportunity or access to Campsited.com or the Campsite Owner Administration System, (ii) any defamatory, offensive or illegal User Content, (iii) damages, losses and costs that relate to third party claims, (iv) any system failures, downtime, loss of internet connection or any other situation that prevents or delays a Customer from reserving Available Accommodation and (v) indirect, special and consequential loss or damage of any nature whatsoever.
7.4 The maximum aggregate liability of Campsited to the AP in respect of any and all claims arising out of or pursuant to this Agreement (whether in contract, tort, (including negligence), misrepresentation, breach of duty or otherwise) shall be limited to the Deposit.
7.5 The parties hereby acknowledge and agree that the existence of the agency relationship described herein shall be disclosed to the Customers so that the Customers are made aware that (inter alia) the Customer is contracting with the AP and not Campsited in relation to the provision of accommodation, and the Deposit shall be deducted from the Booking Price.
7.6 The AP hereby agrees and accepts that no statement, measurement, quantity or description contained in any document, catalogues, price lists published or advertised by Campsited whether given orally or contained in any letter or written statement and any negotiations leading to the provision of the Services shall constitute a representation inducing the AP to enter into this Agreement and that any statement, description or measurement contained in any such particulars or any form are for illustration purposes and are not to be taken as matters of fact and that any mistake or mis-description or incorrect measurement given verbally or in the form of any printed particulars shall not give rise to any cause of action or claim for compensation against Campsited or any right of rescission under this Agreement. Campsited hereby excludes all representations, warranties and conditions, express or implied, statutory or otherwise, including without limitation warranties as to quality or fitness of the Services for a particular purpose.
7.7 The AP acknowledges, agrees and accepts that Campsited owns or is licensed to use all Intellectual Property in connection with and in all versions of Campsited.com and the Services, User Content in all forms and that the AP is not permitted to change, copy, store, publish, rent, licence, sell or distribute in any way any of the Intellectual Property.
7.8 The AP acknowledges, agrees and accepts that Campsited makes no warranty that (a) Campsited.com, the Campsite Owner Administration System and the Services and/or any information will meet AP’s requirements, (b) access to and use of Campsited.com or the Campsite Owner Administration System and the Services will be error-free or uninterrupted, (c) any errors or inaccuracies will be corrected. Further, if the AP’s use of Campsited.com and the Services results in the need for servicing or replacing of AP’s equipment or data, this will not be at the AP’s risk and expense.
8. Term and Termination
8.1 Upon the creation of the Login Details, Campsited will send the AP an email which requests validation of the AP’s account with Campsited and this Agreement shall commences on the successful validation by AP of the said account and will, subject to the parties’ rights of termination set out in this Agreement, remain in full force and effect for as long as the AP uses the Services.
8.2 Nevertheless, either party may terminate this Agreement by giving not less than 28 days’ notice to the other of their desire to terminate the Agreement for whatever reason.
8.3 Without prejudice to the other rights set out in this Agreement, Campsited shall be entitled to terminate this Agreement immediately on giving notice to the AP in the event that: (i) the AP has committed a material breach of this Agreement, which shall be determined at the absolute discretion of Campsited; (ii) an order is made or a petition is presented or a meeting is convened for the purpose of considering the appointment of an examiner, or a resolution is passed, for the winding-up, liquidation or dissolution of the AP (iii) the bankruptcy of the AP or any other step is taken with a view to the court protection, rehabilitation or custodianship or any other insolvency of the AP (iv) Campsited has suffered a Force Majeure Event, in accordance with Clause 10.9, which has prevented it from performing all or part of this Agreement for more than 7 days.
8.4 Campsited may also, at its own discretion, give written notice to terminate this Agreement with immediate effect in the event that:
8.4.1 the AP’s average rating by Customers on Campsited.com falls below a threshold, that Campsited deems at its discretion, that would harm the integrity or reputation of Campsited; or
8.4.2 the AP engages in any sort of advertising of its pricing or offers that is, in Campsited’s reasonable opinion, likely to mislead Customers or to have the effect of deceiving Customers about the extent of the Campsite Information or other advantage the Customer may enjoy; or
8.4.3 the AP’s conduct is such that Campsited has reasonable grounds to believe its reputation may be harmed by association with the AP; or
8.4.4 Campsited believes that the AP is engaging in the practice of writing or paying for “fake” reviews and/or is accessing Customer accounts to amend or vary reviews; or
8.4.5 the AP is in breach of Clause 3.5;
8.4.6 any Deposit is not paid to Campsited.
8.5 Notwithstanding, any other term in this Agreement, in the event that this Agreement expires or is terminated (for any reason), all bookings made via Campsited.com prior to the date of termination for reservations occurring on or after the date of termination shall be honoured by the AP on the basis of and in accordance with the terms of this Agreement.
8.6 The AP undertakes on termination of this Agreement to immediately cease using and to refrain from all further use of the Services provided by Campsited.
9. User Content
9.1 Campsited may allow Customers to submit User Content on Campsited.com but Campsited does not edit or control the User Content posted to or distributed on Campsited.com and will not be in any way responsible or liable for such User Content. Campsited nevertheless reserves the right, at its absolute discretion, for any reason, to remove without notice any User Content and/or material on Campsited.com.
9.2 If the AP has any complaints or objections to material or content including User Content posted on Campsited.com, it is the AP’s responsibility to contact Campsited immediately. Campsited will make all reasonable efforts to remove User Content which Campsited deems inappropriate or unacceptable, at its absolute discretion, within a reasonable time.
9.3 The AP may create User Content in response to material, information or reviews posted by Customers on Campsited.com, via the Campsite Owner Administration System, but the AP is not permitted to use Campsited.com for any purpose which is unlawful, defamatory, harmful or objectionable and, in particular, the AP shall not be permitted to transmit anything which, in the reasonable opinion of Campsited, harms its business or offends Customers, other AP’s or other users of Campsited.com.
10.1 Any notice or other communication under this Agreement shall be in writing. Notice is duly given if it is delivered by email to the other party.
10.2 Campsited shall be entitled to vary any of the terms of this Agreement at any time by giving no less than 28 days’ notice of such changes to the AP. Subject to the foregoing, no variation of this Agreement shall be effective unless agreed to by the parties hereto.
10.3 Without prejudice to the foregoing, the parties acknowledge and agree that they are each responsible for compliance with all relevant data protection legislation and laws relating to privacy in all relevant jurisdictions (the “Data Protection Legislation”) in relation to their own respective activities. The AP also agrees that it shall protect and respect all personal data that it receives relating to its Customers and shall comply with all Data Protection Legislation and shall not do anything which (or omit to do anything the omission of which) would put Campsited in breach of any Data Protection Legislation (and in particular the AP shall not disclose any debit or credit card information provided by any Customer to any person other than as necessary to effect a lawful payment for a booking or as required by law).
10.4 This Agreement is not assignable by the AP without Campsited’s prior consent in writing. Campsited may be entitled to assign, novate, transfer or otherwise dispose of all or any of its rights and obligations under this Agreement, and the AP consents to the assignment, novation, transfer or disposal by Campsited of all or any of its rights and obligations under these terms and conditions to another party. Nothing in this Agreement shall be deemed to create any partnership or joint venture between the parties hereto.
10.5 The original English language version of this Agreement 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.
10.6 This Agreement shall be governed by and construed in accordance with the laws of Ireland. Each of the parties hereto hereby agrees 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 Agreement and for such purposes irrevocably submits to the jurisdiction of such courts.
10.7 This Agreement shall be executed by a duly authorised representative of the AP who has the authority to contract the AP to this Agreement.
10.8 The AP duly consents that it may be informed about updates to Campsited’s programmes, events, promotions or marketing matters from time to time via email.
10.9 Campsited 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 Campsited which may delay or impede the Services.
10.10 If any provision of this Agreement is held by a court or any competent authority to be invalid or unenforceable in whole or in part then that provision shall, to the extent required, be severed from the terms and conditions and shall be ineffective without as far as possible modifying any other provision or part of these terms and conditions and this shall not affect any other provisions of these terms and conditions which shall so far as is reasonably possible remain in full force and effect.
10.11 In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favouring or disfavouring any party by virtue of the authorship of any of the provisions of this Agreement.