Terms of use consumer (end users) Campercontact [en anglais]

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These are the guidelines for every user with a Campercontact account.

General terms & conditions for end users

General Terms and Conditions

 

Index:

Article   1 - Definitions

Article   2 - Identity of the trader

Article   3 - Applicability

Article   4 - The offer

Article   5 - The contract

Article   6 - Right of withdrawal

Article   7 - Customers’ obligations in case of withdrawal

Article   8 - Customers who exercise their right of withdrawal and the costs involved

Article   9 - Traders’ obligations in case of withdrawal

Article  10 - Precluding the right of withdrawal

Article  11 - The price

Article  12 - Contract fulfilment and extra guarantee

Article  13 - Delivery and implementation

Article  14 - Extended duration transactions: duration, termination and prolongation

Article  15 - Payment

Article  16 - Complaints procedure

Article  17 - Disputes

Article  18 - Branch guarantee Thuiswinkel.org (Shopping secure)

Article  19 - Additional or different stipulations

Article  20 - Amendment to the general terms and conditions

 

Article 1 - Definitions

The following definitions apply in these terms and conditions:

1.      Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;

2.      Withdrawal period: the period within which a consumer can make use of his right of withdrawal;

3.      Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;

4.      Day: calendar day;

5.      Digital content: data that are produced and supplied in digital form;

6.      Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;

7.      Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;

8.      Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;

9.      Trader: Identity named in article 2. A webshop, business (legal entity) who offers products, (access to) digital content and/or services to consumers from a distance;

10.   Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;

11.   Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;

12.   Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

Article 2 - Identity of the trader

Name trader: Campercontact Ltd

Legal form of the company: Private Limited Company

Registered address: Amersfoortsestraat 124-D, Soesterberg, The Netherlands

Email address: info@campercontact.com

Chamber of Commerce number: 89023455

VAT identification number: NL864856027B01

 

Article 3 - Applicability

1.      These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between an trader and a consumer.

2.      By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

3.      Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.

4.      If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.

5.      In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

 

Article 4 - The offer

1.      If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

2.      The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered.

3.      Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.

4.      If there is a contract the trader is not bound by obvious errors or genuine and honest price mistakes that a consumer should have noticed. 

5.      We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

Article 5 - The contract

1.      The customer places the selected products in the shopping cart. The customer can change the data and products entered at any time during the ordering process before a binding order is placed.

2.      A binding order by the customer for the products/services contained in the shopping cart is placed by clicking on the button provided for this purpose.

3.      The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.

4.      If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.

5.      If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.

6.      The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.

7.      The trader will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:

a.   the office address of the trader’s business location where the consumer can lodge complaints;

b.   the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;

c.   information on guarantees and existing after-sales service;

d.   the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;

e.   the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;

f.    if the consumer has a right of withdrawal, the model form for right of withdrawal.

8.      In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal

Upon delivery of products

1.      When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).

2.      The period stipulated in para. 1 ends 14 days after the day the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:

a.      if the consumer has ordered several products: the day on which the consumer, or a third party

designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.

b.      if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;

c.      with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.

 

Upon delivery of services and digital content that is not supplied on a material medium:

3.      A consumer has the right to dissolve a contract, without giving reasons, for the supply of digital content that is not supplied on a material medium during a period of at least fourteen days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).

4.      The period stipulated in para. 3 commences on the day after the contract was concluded.

 

Extended withdrawal period for products, services and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:

5.      If the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.

6.      If the trader provided the consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.

 

Article 7 - Consumers’ obligations during the withdrawal period

1.      During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.

2.      The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.

3.      The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.

 

Article 8 - Consumers who exercise their right of withdrawal and the costs involved

1.      A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.

2.      As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.

3.      The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

4.      The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer. If the consumer ships an item, they should consider using a trackable shipping service or purchasing shipping insurance. The trader does not guarantee that he will receive your returned item.

5.      The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer shall bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.

6.      The consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium, if:

a.      prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;

b.      he did not acknowledge having lost his right of withdrawal upon granting his permission; or

c.      the trader neglected to confirm this statement made by the consumer.

7.      If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

 

Article 9 - Traders’ obligations in a case of withdrawal

1.      If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.

2.      The trader reimburses the consumer immediately with all payments, including any delivery costs the trader charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which the trader has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.

3.      For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.

4.      If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

 

Article 10 - Precluding the right of withdrawal

The trader can preclude the right of withdrawal for the following products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:

1.      Products or services whose prices are subject to fluctuations on the financial market over which the trader has no influence and which can occur within the period of withdrawal;

2.      Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the products, digital content and/or services;

3.      Service contracts, after full completion of the service, but only if:

a.      implementation started with the explicit prior agreement of the consumer; and

b.      the consumer declared having lost his right or withdrawal as soon as the trader had completed the contract in full;

4.      Package travels, package holidays and package tours as referred to in EU directive 2015/2302 and contracts on passenger transport;

5.      Service contracts providing access to accommodation, if the contract already stipulates a certain date or period of implementation and other than for the purpose of accommodation, the transport of goods, car rental services and catering;

6.      Contracts relating to leisure activities, if the contract already stipulates a certain date or period of implementation;

7.      Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;

8.      Products subject to rapid decay or with a limited shelf-life;

9.      Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;

10.   Products that, due to their nature, have been irretrievably mixed with other products;

11.   Alcoholic drinks whose price was agreed when concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the trader has no influence;

12.   Sealed audio/video-recordings and computer apparatus whose seal was broken after delivery;

13.   The delivery of digital content other than on a material medium, but only if:

a.      the delivery commenced with the consumer’s explicit prior agreement, and

b.      the consumer declared that this implied his having lost his right of withdrawal.

 

Article 11 - The price

1.      During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.

2.      Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.

3.      Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.

4.      Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and:

a.      they are the result of statutory regulations or stipulations; or

b.      the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

5.      Prices stated in offers of products or services include UK VAT .

6.      Depending on the value of the order or the delivery option or address you choose, delivery costs may also be charged. Such additional charges will be clearly shown during the checkout process and included in the 'Total Cost'.

7.      Depending on the country of the consumer he may own duties, taxes, or import fees in addition to the shipping fees which only cover the transit cost of the product.

 

Article 12 - Contract fulfilment and extra guarantee

1.      The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.

2.      An extra guarantee arrangement offered by the trader, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his part in the contract.

3.      An extra guarantee is defined as every commitment of a trader, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.

 

Article 13 - Supply and implementation

1.      The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

2.      The place of delivery is deemed to be the address that the consumer makes known to the company.

3.      If delivery to the consumer is not possible because the delivered goods do not fit through the front door, first door or stairwell of the consumer or because the consumer cannot be found at the place of delivery specified by him, although the delivery time was given to the customer with a reasonable period of time been announced, the consumer bears the costs for the unsuccessful delivery.

4.      Delivery is on the terms set out in the delivery policy and incorporated into these conditions.

5.      Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.

6.      Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.

7.      The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a  representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.

 

Article 14 - Extended duration transactions: duration, termination and prolongation

Termination

1.      The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.

2.      The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.

3.      With respect to contracts as described in the first two paragraphs, the consumer can:

-     terminate them at all times and not be limited to termination at a specific time or during a specific period;

-     terminate them in the same way as that in which they were concluded;

-     always terminate them subject to the same period of notice as that stipulated for the trader.

Prolongation

4.      A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.

5.      In departure from that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the consumer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.

6.      A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.

7.      A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.

Duration

8.      If the fixed-term of a contract exceeds one year, then after one year the consumer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.

 

Article 15 - Payment

1.      The available payment methods are shown on the website of the Trader or in the respective item description, but at the latest in the final ordering process at the "checkout". Unless otherwise stated, the payment claims from the contract are due for payment immediately.

2.      As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the consumer received confirmation of the contract.

3.      The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.

4.      If a consumer fails to fulfil his payment obligation(s) in good time, after the trader has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the trader has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The trader can make departures from these sums and percentages that are favorable to the consumer.

 

Article 16 - Complaints procedure

1.      The trader provides for a complaints procedure on his website, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.

2.      A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions.

3.      A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.

4.      The consumer should give the trader a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint  becomes a dispute that is subject to the disputes settlement scheme.

 

Article 17 - Disputes

1.      Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject to Dutch law. Because the entrepreneur focuses his commercial activities on the UK - where the consumer lives- the consumer can always appeal to the mandatory UK consumer law.

2.      The Thuiswinkel (Homeshopping) Disputes Committee is an Alternative Dispute Resolution provider to which the Trader subscribes. The Homeshopping Disputes Committee is approved by the Dutch ministry of Justice and safety to provide dispute resolution services and undertake an independent review of your complaint, pursuant to the Alternative Dispute Resolution (ADR) for Consumer Disputes (Competent Authorities and Information) Regulations 2015 in the EU.

3.      Complaints can be raised to the Homeshopping Disputes Committee in the following ways

Online: www.sgc.nl/en

In writing by post: The Homeshopping Disputes Committee, P.O. Box 90600, 2509 LP in The Hague

4.      The Disputes Committee will only deal with a dispute if the consumer first put his complaint, without delay, to the trader.

5.      If the complaint does not lead to a solution, the dispute should be submitted to the Disputes Committee no later than 12 months after the consumer submitted the complaint to the trader.

6.      If a consumer wants to put a dispute before the Disputes Committee, the trader is bound by that choice. Preferably, the consumer notifies the trader first.

7.      If a  trader wishes to put a dispute before the Disputes Committee, then the consumer will indicate, in response to a written request made by the trader, whether he is in contract, or prefers the dispute to be dealt with by the competent law-court. If the consumer does not indicate his choice to the trader within a period of five weeks, then the trader has a right to put the dispute before the competent law-court.

8.      Rulings of the Disputes Committee are subject to the conditions as stipulated in the regulations of the Disputes Committee. Decisions of the Disputes Committee take the form of binding advice.

9.      The Disputes Committee will not deal with a dispute – or will terminate their intervention – if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute during a session and rendered a final ruling.

 

Article 18 - Branch guarantee Thuiswinkel.org (Shopping secure)

1.         Thuiswinkel.org guarantees the fulfilment of obligations of her members in relation to binding advices imposed on them by the Thuiswinkel (Homeshopping) Disputes Committee, unless the member decides to put the binding advice before a law-court for verification within two months after de date of that advice. In case of law-court verification the suspension of the guarantee will end and the guarantee will come into effect again upon the court ruling becoming final and conclusive, whereby the court has declared that the binding advice has binding effect. Up to a maximum sum of €10,000 per binding advice Thuiswinkel.org will pay this sum to the consumer. In case of sums higher than €10,000 per binding advice, the sum of €10,000 will be paid. In as far as the sum is higher than €10,000, Thuiswinkel.org has the obligation to take reasonable adequate efforts to pursue the member to fulfil the binding advice.

2.         Application of this guarantee requires the consumer to submit a written appeal to Thuiswinkel.org and to transfer his claim on the trader to Thuiswinkel.org. In as far as the claim on the trader exceeds the sum of €10,000, the consumer will be offered the possibility to transfer his claim on the trader above the sum of €10,000 to Thuiswinkel.org, where after this organization will pursue payment of the claim in court on her own title and costs. 

 

Article 19 - Additional or different stipulations

Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.

 

Article 20 - Amendment to the general terms and conditions

Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that where amendments apply during the validity of an offer, the stipulation that is most favorable to the consumer will prevail.

 

Appendix I: Model form for right of withdrawal

 

Model form for right of withdrawal

 

(this form should only be completed and returned if you want to withdraw from the contract)

 

-           To:       [trader’s name]

[trader’s geographic address]

[trader’s fax number, if available]

[trader’s e-mail address or electronic address]

 

-           I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1)

 

 

 

-           Ordered on*/received on

-           [Consumer(s)’ name]

-           [Consumer(s)’ address]

-           [Consumer(s)’ signature] (only if this form is submitted on paper)

-           [Date]

 

 

(1)* Delete or provide supplementary information, as applicable.

Additional terms Campercontact end users

Welcome to Campercontact, the digital platform for RVers looking for beautiful overnight accommodations. The use of Campercontact (both the website and app") and the associated services and application (this website, the application and the associated services together the "Services"), whether accessed via a computer, mobile device or otherwise, means that we point you to and with the terms of use applicable below. The Services are owned and provided by Campercontact ("Company," "we," or "us"). 

The terms are also available for download as a PDF file. 

If you do not agree to these Terms of Use, do not use the Services and exit the website immediately or delete the Campercontact app from your mobile device immediately. We reserve the right to change or modify these Terms of Use from time to time without notice.  Unless we specifically notify you, changes to our Terms of Use will not apply retroactively.  

Use of Platform 

The use of Campercontact's platform is permitted only for non-commercial purposes. It is not allowed to use the platform for any kind of commercial activity, unless otherwise agreed in writing with Campercontact.    

Copyright and ownership. All content depicted or displayed on the campercontact.com website, including but not limited to text, graphics, photographs, images, moving images, sound and illustrations ("Content"), are the property of Campercontact, its licensors, vendors, agents and/or its suppliers of Content.   

The Services may be used only for the purpose for which such Services are made available. Unless otherwise specified in specific documents on the Website, you may view, play, print and download location data, reviews, other types of documents or content such as, audio and video on our Website for personal, informational and non-commercial purposes only. You may not modify the material and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work on the website. Except as permitted under copyright laws, you are responsible for obtaining permission before reusing copyrighted material available on the platform. For purposes of these Terms of Use, the use of such material on any other website or network computing environment is prohibited. You must comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. The Campercontact platform being the website campercontact.com and also the mobile app (iOs and Android), the Content and all related rights remain the exclusive property of Campercontact or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from any material found on this platform.  

Trademarks  

All Campercontact trademarks, service marks and trade names used herein (including, but not limited to, the Campercontact name, Campercontact logo, website name, website design, apps and all logos) (collectively, the "Marks") are trademarks or registered trademarks of Campercontact or its affiliates, partners, suppliers or licensors. Without Campercontact's prior written permission, you may not use, copy, reproduce, reprint, upload, post, transmit, distribute or modify Campercontact's Trademarks in any way, including in advertising or publicity related to distribution of materials on the Platform. The use of Campercontact's trademarks on other digital platforms such as websites, mobile apps or in networked computing environments is not permitted. Campercontact prohibits the use of its trademarks as a "hot" link to or from any other website unless such link is pre-approved. 

User Submission Policy 

Campercontact encourages members of the public to submit user content to its digital community pages that may be useful to the community ("User Submissions"). User Submissions remain the intellectual property of the individual user unless otherwise noted Such User Submissions are considered non-confidential and Campercontact is under no obligation to maintain the confidentiality of any information contained in a User Submission. By uploading future media content in the form of eg videos to Campercontact you agree to the (service) conditions of the relevant social media platform where you upload this content via Campercontact at. Think for example of Youtube or Vimeo.  

We encourage contributions from users on our platform, but we ask you to consider the following conditions. You are not allowed to engage in activities that may pose a risk of damage, loss, injury, illness or crime. You must not cause emotional distress, humiliate, assault or threaten others, enter private property without permission or engage in activities that may result in injury, death, property damage or liability of any kind.  

We reserve the right to refuse or modify contributions that we believe violate our terms and conditions or our comment policy. If a user reports a contribution that would violate any provision of these Terms of Use or our Response Policy, we reserve the right to determine whether such a violation has occurred and to remove such contributions from our platform.  

User Reviews

Please be advised that each user review on our website does not reflect the opinion of our company, but that of the user who submitted the review. We reserve the right to remove reviews and related media and/or user accounts that violate some, all or versions of the following criteria:

  • Offensive language, especially language containing racism/bigotry/hate speech.  
  • Reference to specific personal information in a review - e.g. email address, date of birth, etc.  
  • Negative reference to a person by name or other identifying information.  
  • No evidence, specific data or examples of the reported behavior.  
  • Report of a specific threat to self or others.  
  • Review is clearly gibberish or incomprehensible.  
  • Contains links to other web pages.  
  • Is about the wrong site.  
  • Does not review the campground, but sends a message to staff or another reviewer in response to another review.  
  • Reviewer clearly indicates no knowledge of the campground they are reviewing, or reviewer is not affiliated with and has no first-hand experience with the campground they are reviewing.  
  • Contains information that is under the copyright or trademark protection of others.  
  • Contains obvious advertising or promotional content.  
  • There is clear evidence that the reviewer was encouraged or coerced to write the review. 

Accuracy of information:  

We strive to keep the information provided through and on the Services complete, accurate and current. However, despite our best efforts, this information may occasionally be inaccurate, incomplete or outdated.   

Third Party Links:  

From time to time, this the Platform may contain links to websites or other apps that are not owned, operated or controlled by Campercontact. These (affiliate) links are provided solely for your convenience. If you use these links, you will leave the platform. We are not responsible for the content, materials or other information on or accessible through any other platform. We do not endorse, guarantee or make any representations or warranties regarding other websites, or any content, materials or other information located on or accessible through other platforms, or the results you obtain from using other platforms. If you decide to access other platforms linked to or from these platforms, you do so entirely at your own risk.  

Account Registration and Security

To access all areas of the Services, you understand that you may be required to create an account. In consideration for your use of the Services, you will: (a) provide true, accurate, current and complete information about yourself and/or your company as requested in the Service registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of this website (or any part thereof). You are fully responsible for the security and confidentiality of your password and account. In addition, you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and implementing security measures most appropriate to your situation and intended use of the Services. We have the right to disclose any User Data and related information and content under certain circumstances (such as in response to legal responsibility, legal process, orders, subpoenas or warrants, or to protect our rights, customers or business). Please note that anyone who has access to your personally identifiable information has access to your account. Thus, you must take reasonable steps to protect this information.  

Communications   

You agree to receive all communications, agreements and notices we provide in connection with the Services electronically, including by email or notification/push message to the mobile app associated with your account, or by posting them to your account on this website or otherwise through the Services. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive notifications/push notifications at any time, but you may not be able to use all or part of the Services if you withdraw such consent. 

Subscriptions  

In order to use the full functionalities of Campercontact's platform, you must take out a subscription. The subscription gives you access to all services and functionalities of Campercontact for the duration of the subscription.   

Additional conditions   

PRO subscribers. Although you can use much of our Content and Services for free, you must purchase a Campercontact PRO Membership ("PRO Membership") to gain full access to certain premium Content, Services and additional benefits of Campercontact and its platform. More details about current PRO Membership benefits can be found at campercontact.com/pro. If you purchase a PRO Membership, you can always view details about your PRO Membership in the Account Information section of the Service or the account information in the applicable app store wherever you purchased your PRO Membership, including your billing information and payment methods  

Right of Withdrawal for Campercontact PRO Users

When you purchase products or services over the Internet as a consumer, you are generally entitled to a right of withdrawal. This means that within a certain period of time you have the opportunity to cancel the purchase without giving any reason and receive a refund. For Campercontact PRO users, however, there is no right of withdrawal. 

This is because Campercontact PRO is a digital service available immediately after payment. The right of withdrawal only applies to products that are physically delivered or services that are delivered later. Since Campercontact PRO gives immediate access to all premium features, the right of withdrawal cannot be applied.  

Payment  

If any fees apply to your PRO Membership with Campercontact, they will be charged via the payment method you specified when you first registered. If your PRO Membership is automatically renewed, payments for your PRO Membership will automatically be collected on the first day of each new subscription period at the then current price(s) (unless we have notified you of a price change). 

Prices shown by Campercontact include VAT. 

If a payment is not successfully made because your payment method has expired, you have insufficient balance, or otherwise, and you do not change your payment method or cancel your PRO Membership, we may suspend your access to your PRO Membership until we (or the relevant third party) obtain a valid payment method. When you update your payment method in your Account Information, you authorize us to charge the updated payment method to your PRO Membership and you remain responsible for any uncollected amounts. This may result in a change to your payment dates or subscription period.  

We reserve the right to change the date we charge you if your payment method is not successfully authorized or if your subscription renewal date does not fall in a particular month, for example, if you are usually charged on the 30th of each month, you will be charged on the 28th in February. We use other companies, agents or contractors to process credit card transactions or other payment methods. For some payment methods, the respective issuer may charge you certain fees. Local taxes and fees may vary depending on the payment method used. You are solely responsible for any such taxes and fees that may apply. Contact your payment provider for more information. If you subscribe to a PRO Membership that begins with a free access period, or if you take advantage of a promotional offer that requires you to provide your payment information, a payment may be authorized by your bank when your free access period or promotional offer begins, but no payment will be made by us for this free access period or promotional offer period. However, you should be aware that this may affect your available balance or credit limit.  

Certain types of PRO Memberships automatically renew unless you cancel your subscription before the next renewal date.  

We may change the price of your PRO Membership from time to time. Price changes will apply no sooner than 30 days after notice to you. We will let you know the effective date of any price change, but in any case, such price change will not be effective until your next subscription renewal. If you have purchased a PRO Membership through one of our third party partners, price changes will be subject to the terms and conditions of that third party. If we notify you of a price change and you do not wish to continue your PRO Membership at the new subscription price, you may cancel your PRO Membership: (i) before the beginning of the next subscription period; or (ii) at any time before the price change takes effect by sending us a notice at info@campercontact.com.  

You may cancel your PRO Membership before the end of the current subscription period and, unless we tell you otherwise, the cancellation will take effect at the end of the current subscription period. This means that if you have completed part of a subscription period, you can continue to use your PRO Membership until the end of the current subscription period. If you signed up for a PRO Membership through a third party (for example, through one of our partners or through an app store) and you want to cancel your subscription, you must do so through that third party. For example, you must visit your third-party account and disable automatic renewal for Campercontact.  

Payments are non-refundable and there are no refunds or credits for partially used billing periods. At any time, and for any reason, we may provide a refund, discount or other consideration to some or all of our subscribers. If we do so for any reason, it does not mean that we are obligated to do so again, even in the same circumstances. If you have signed up for a PRO Membership through a third party (for example, through one of our partners or through an app store) and are experiencing billing or payment issues, please contact that third party regarding any refunds or credits related to your PRO Membership in accordance with that third party's terms and conditions.  

Liability  

Campercontact is not a party to the contract between the consumer and the RV site or reservation system provider. Campercontact only mediates the conclusion of the agreement between the consumer and the provider. Campercontact is not responsible or liable for the performance of that agreement. Any complaints about the contract should therefore be addressed directly to the provider.    

Campercontact cooperates with reservation services for motorhome sites that are not under our management. Through these reservation services motorhome sites can be made available and reserved by campers. These RV sites are offered by the owners of the sites through the reservation services. You can view RV sites as an unregistered visitor to our Services, but if you wish to offer or reserve an RV site through the reservation services, you must first create an account with us. Campercontact receives compensation where possible for making these reservations available.   

It is important to understand that Campercontact provides the RV site reservation services solely as a digital platform for RV site owners and campers to arrange RV site reservations directly with each other. We do not own or operate RV sites. Unless specifically stated otherwise, our responsibilities are limited to facilitating the availability of RV/camping site reservation services.  

Please be advised that RV site reservation services are intended to enable RV site owners and campers to (re)rent RV sites directly with each other. We have no control over the content of the listings or the condition, legality or suitability of the RV sites, or the conduct of the RV site owners or campers. We are not responsible for and disclaim all liability with respect to all listings and RV locations. Consequently, all rentals will be at the renter's own risk.  

Changes  

Campercontact reserves the right to modify these Terms of Use at any time. Changes will take effect from the time they are published on Campercontact's platform. If you do not agree to the changes, you should no longer use the services of Campercontact.  

Applicable law and disputes  

These Terms of Use are governed by Dutch law. Disputes will be exclusively submitted to the competent court.   

Contact   

If you have questions or comments about these Terms of Use or the use of the platform of Campercontact, you can contact the customer service of Campercontact via the contact form on the platform or via info@campercontact.com. If you are not satisfied with the handling of your complaint, you can also submit it to the European ODR Platform

Copyright Notice. All Site design, graphics, text selections, arrangements and all software are Copyright © 2023, Campercontact. ALL RIGHTS RESERVED. 

The terms are also available for download as a PDF file.