Special terms of use for providers (especially landlords)

Operator of the Campcruisers platform

Campcruisers GmbH
Berliner Str. 21 B
14612 Falkensee
Germany

registered in the Commercial Register of the Potsdam Local Court under HRB 40180 P,

represented by the managing director
Mr Daniel Bosch and, within the scope of the power of attorney granted, by
Mr Philipp Marschall (authorised signatory)

VAT ID No.: DE368000447

Phone +49 (30) 75438933
Fax: +49 (30) 75438974

E-mail: support@campcruisers.com

(hereinafter also referred to as "Platform" or "Campcruisers")

Special terms of use for providers (especially landlords) of the Campcruisers platform

These terms and conditions apply to providers of rental properties or other services in addition to the General Terms of Use of the Campcruisers platform. The sale of tickets by Campcruisers is subject to the "Special Terms and Conditions for Ticket Sales".

1. contract-relevant details of the rental property, checking of documents

The provider shall ensure that the services offered by him (in particular rental vehicles (always including boats) and pitches and campsites) are available during the period indicated.
The content of the rental offers must be correct, complete and truthful. Rental properties posted via "instant booking" must be kept available for immediate booking; enquiries without instant booking must be confirmed or rejected within 2 working days (Mon-Fri).
The lessor must inform Campcruisers immediately of any changes relevant to the contract (e.g. accident or theft of the vehicle, changes to the rental conditions). If the lessor changes the term of the contract with the lessee after the conclusion of the rental contract, Campcruisers must also be informed.
The landlord may remove rental objects at any time.
Campcruisers reserves the right to request relevant documents or copies thereof from the provider, e.g. business registration, a current extract from the commercial register, vehicle licences or proof of insurance.
If a cancellation or payment is made outside the platform, the provider shall inform the platform immediately.
The landlord is obliged to check his e-mail daily.
Campcruisers accepts no responsibility for the content, article texts or other information provided by the landlords.

2. no additional fees

Providers may charge additional fees or other payments (e.g. for excess kilometres or special cleaning fees for heavily soiled rental vehicles), provided these are stated transparently and clearly before the contract is concluded. This includes information in the respective contractual terms and conditions, the pre-booking overview, the product description or the respective price overview. This information must be clearly stated alongside other payment claims (e.g. rental payment) against the customer.

3. conditions for lessors of rental vehicles

Campcruisers offers rental companies annual packages with and without a basic fee. The applicable packages and their respective conditions, including the applicable commission, can be found on the "Conditions for landlords" can be viewed on the platform.
The commission is due on all payments made under the rental agreement. This also includes cancellation fees to be paid by the tenant due to a contract cancellation.14-day free trial period when booking a chargeable package online. After this, the package can be cancelled in text form with a notice period of 4 weeks before the end of the respective package period. If the provider does not cancel a package or extended package, the package is extended by the previous package term.
The booking of a chargeable or free package can also be made via an order form, which the landlord sends to Campcruisers by fax, scan or post.
The commission and payment claims of the platform against the landlord are due immediately after conclusion of the rental agreement with the tenant, i.e. after successful payment of the booking.
Fee-based packages can be concluded in particular via the platform or in text form (e.g. e-mail with scan, fax, post). After the test phase (from the 15th day), the subscription begins and payment of the annual basic fee is collected. Bookings made during the free trial period are subject to commission.
Special conditions apply to landlords who use the womoplus+ ERP solution. See below.
Offers can be placed as "immediate bookings" or as "enquiries", which must be answered within 2 working days.
Unless otherwise agreed, payments to vehicle rental companies are made once a month at the beginning of the calendar month following the rental minus the commission. The commission is automatically retained by the payment service provider and credited to Campcruisers.

4. conditions for providers of parking spaces

Providers of parking spaces pay a commission in accordance with the "Conditions for landlords". The amount by payment of the tenant is usually due immediately.
The commission and payment claims of the platform against the landlord are due immediately after conclusion of the rental agreement with the tenant, i.e. after successful payment of the booking.
Payments are made to the landlord 7 days after arrival.
The commission is due on all payments made under the tenancy agreement. This also includes cancellation fees to be paid by the tenant due to a contract cancellation

5. payments

Campcruisers works with "OnlinePaymentPlatform BV", Kanaalweg 1, NL-2628 EB Delft, Netherlands as payment service provider. OnlinePaymentPlatform ensures that payments made by a customer to a provider via Campcruisers are processed securely and in accordance with the law and can be paid out to the landlord after deduction of the agreed commission.
The provider is obliged to set up an account with the online payment platform via the Campcruisers platform. The provider does not incur any costs for the setup.
When booking a hire vehicle via Campcruisers, the hirer can decide whether to
a) the booking amount due in full;
b) or would only like to pay a deposit of 20% of the booking price to the landlord and pay the balance directly to the landlord at a later date, provided that the booking period begins in 3 weeks or less.
Parking spaces are always paid for in full by the tenant immediately, unless another option is offered.
If the renter has only paid a deposit when booking the rental vehicle, the provider must inform the platform by e-mail by when and to which account the renter must pay the remaining amount to the rental company and, if necessary, provide further security (deposit).
Invoices are issued electronically. A processing fee of €8 plus VAT will be charged for sending an invoice by post instead of in text form.

6. special conditions for the use of womoplus+, RMP GmbH

Campcruisers works with womoplus+ an ERP software for leisure vehicle hire companies. womoplus+ is operated by RMP GmbH, Kronacher Str. 94, 96052 Bamberg.
Bookings can be processed, invoices created and availabilities maintained centrally via womoplus+. This means that live availabilities on different booking portals can be managed centrally.
Rental companies that use womoplus+ are given the opportunity to offer their vehicles for hire on Campcruisers via an interface (API).
Landlords who use the womoplus+ software solution and wish to use it in conjunction with Campcruisers must conclude a separate contract with Campcruisers. In addition, landlords require a licence to use the womoplus+ software.
In order to use Campcruisers in conjunction with womoplus+, landlords must send the cooperation agreement with Campcruisers to womoplus+. This can be done via upload or after consultation with womoplus+.
Campcruisers offers a purely commission-based rate to landlords who use the womoplus+ software and do not wish to book a fee-based annual package. From the booking flow onwards, womoplus+ landlords transfer the booking via Campcruisers directly to womoplus+.
womoplus+ or the landlord will inform the tenant of the payment modalities; as a rule, payment is made by bank transfer directly to the landlord.
The landlord informs Campcruisers via womoplus+ that the booking was successful or has been paid for.
Campcruisers' commission claim arises upon receipt of the deposit or payment by the hirer on the lessor's bank account, which the latter must notify immediately, i.e. without culpable delay, in text form or via the platform.

7. special conditions for the use of 5 Anker Connect, 5 Anker - Kommunikation für den maritimen Bereich GmbH

Campcruisers uses 5 Anker Connect, a CRM and ERP software for boat hire and charter companies. 5 Anker Connect is operated by 5 Anker - Kommunikation für den maritimen Bereich GmbH, Ollenhauer Str. 98, 13403 Berlin.
5 Anker Connect offers boat hire companies various booking modules, programming interfaces (API) to various online portals, customer access and tools for invoicing, rebooking and contract creation.
Rental companies that use 5 Anker Connect have the option of offering boats for hire on Campcruisers via an interface (API).
Campcruisers acts exclusively as an intermediary. Brokered rental contracts are concluded exclusively between the hirer and the charter company.
Campcruisers is not liable for the availability of the boats offered, but will endeavour to assist the customer if any anomalies regarding availability or other discrepancies become apparent.
Campcruisers is obliged and authorised to accept payments from the hirer for and on behalf of the hirer and to transfer them to their intended purpose without delay.
Campcruisers is authorised to invoice customers in the name and on behalf of the lessor.
The applicable commission amount can be viewed in the landlord's login area at 5 Anker. After each receipt of payment (partial, advance or full payment), the lessor receives a corresponding notification and issues an invoice for payment, less the commission due to Campcruisers. Payment to the lessor will be made within 7 days of invoicing.

8 Warranty and liability of suppliers

Providers undertake to indemnify and hold Campcruisers and its directors, officers and employees harmless from and against any and all liability and costs, including attorney's fees for legal defence, potential and actual costs of legal proceedings and any administrative fines imposed or to be imposed by a court of law, in the event that claims are asserted against the aforementioned persons by third parties because the provider has culpably breached the warranties and obligations of the contract. The same applies if the claim results from otherwise unlawful content or if a consumer protection organisation or authority is involved.
Any further claims for damages by Campcruisers remain unaffected.
The provider is obliged to immediately provide Campcruisers with all information available to him about the facts in question, completely and unsolicited, organised and in text form. Campcruisers undertakes to inform the provider immediately of the claim and, as far as possible and reasonable, to give him the opportunity to defend himself against the asserted claim.

9 Internal complaints procedure

If a provider is dissatisfied with the services provided by us, decisions, the provisions of the General Terms and Conditions or similar, the user undertakes to first carry out an internal complaints procedure. Complaints must be sent to the platform operator in text form. The operator undertakes to examine the complaint within 15 days and to offer a solution if necessary.

10 Other regulations

Suppliers shall only be entitled to rights of set-off or retention to the extent that their claim has been legally established or is undisputed.
Providers are not entitled to cooperation with a specific payment provider, service provider, etc. Campcruisers may terminate the cooperation at any time and continue with other payment providers, service providers etc.. Campcruisers will weigh up the disadvantages for the providers at its own discretion and act accordingly, in particular inform the providers in good time.
If the provider is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the provider and Campcruisers is the registered office of Campcruisers (see General terms of usewhich are part of the contract), unless another exclusive jurisdiction is given. Campcruisers may also choose a different place of jurisdiction.
Amendments or additions to the General Terms of Use and Special Provisions for Suppliers must be made in writing.