These General Terms and Conditions shall take effect from: 01.09.2019
(1) These Terms and Conditions apply to the contractual relationship between campstar Worldwide Camping GmbH, Stadtdeich 5, 20097 Hamburg (hereinafter referred to as "campstar") and users of the website www.campstar.com who request and/or book services from campsite operators via this platform (hereinafter referred to as "customers").
(2) campstar offers two different services for its customers.
(3) campstar offers brokerage for some of the campgrounds offered on www.campstar.com. The customers conclude an agency agreement with campstar and campstar then mediates an agreement between the customer and the operator regarding the services of the campsite operators (hereinafter referred to as "operators"). For these campsites, section 1 and section 3 of the Terms and Conditions apply.
(4) For the other campsites, the only option is to contact the campsite operator directly via the website, www.campstar.com. In this case, a mediation contract between campstar and the customer is not concluded. In this way, the customer can independently conclude a contract with the operator. Section 2 and section 3 of the Terms and Conditions apply to these campgrounds.
(1) An offer by the customer to conclude a contract with the operator is binding, if at the end of the booking process the button "Book now and pay" has been activated.
(2) The contract with the operator is concluded with the arrival of a booking confirmation in an electronic form, at the customer.
(3) Upon receipt of this booking confirmation, a free mediation contract between the customer and campstar is created.
(4) The customer is advised that there is no statutory right of revocation for the contract with the operator, pursuant to §312 g Para. 2 S. 1 No. 9.
(1) With the conclusion of the contract with the operator, the customer receives an electronic payment receipt for the services booked by the operator. Unless otherwise agreed, the amount to be paid is due upon receipt of the payment receipt by the customer.
(2) The customer has the option of immediate bank transfer, payment by credit card and, if applicable, the alternative payment methods in the individual countries indicated on the campstar website as a means of payment.
(3) campstar is entitled to collect the amount shown on the proof of payment for the operator. Payments to campstar are deemed to have been made to the operator.
(4) campstar is not a bank, nor is it licensed to offer banking or payment services of any kind. Campstar has partnered with Payvision B.V. to offer financial services. Payvision B.V. is a financial institution, registered in The Netherlands with Chamber of Commerce number 37078111, and is supervised and licensed by the Dutch Central Bank (De Nederlandsche Bank N.V.). The services provided by Payvision may include but are not limited to (i) the pro-
cessing of transactions, (ii) the collecting- and acquiring of fund and/or (iii) payouts of (third-party) funds. By accepting our Terms and Conditions, you explicitly agree to accept and are bound by the Terms and Conditions of Payvision B.V., which can be shared by campstar upon request.
(5) After receipt of the payment, the customer receives a payment receipt, which is considered as a booking confirmation. Upon presentation of the booking confirmation, the customer is entitled to claim the services from the operator.
(1) The customer may withdraw from the reservation, up to 24 hours prior to the arrival date, on the basis of the following conditions (see Para 2 and Para 4). Cancellation must be made to campstar by e-mail (email@example.com).
(2) The customer is permitted a 48 hour, free cancellation period, after the booking has been made, provided that it does not conflict with section 1, §3 Para. 1.
(3) If the customer withdraws from the contract with the operator before the start of the journey, or if he does not start the journey, the operator loses the claim to the agreed remuneration. Instead, the Operator may, if the withdrawal is not his fault or in the case of a force majeure, demand reasonable compensation for the precautions taken and the expenses incurred up to the time of withdrawal.
(4) When calculating the compensation in accordance with paragraph 1, the operator shall have taken into account expenses saved and possible other uses of the services which it would have had to provide to the customer. The compensation shall be calculated for the operator as follows after the date of receipt by campstar of the customer's notice of withdrawal:
• More than 30 days prior to the arrival date - 20% of paid amount
• 29 days - 7 days prior to the arrival date - 70% of paid amount
• Less than 7 days prior to the arrival date - 100% of paid amount
(5) The customer is at liberty to prove to the operator that no costs, or substantially less costs has been incurred than the lump sum stated above.
(1) The customer is not entitled to claim amendments after the conclusion of the contract with the operator. In particular, the date, the purpose of stay and the type of service.
(2) Amendments to a booking are possible as a cancellation followed by a new booking. The cancellation regulations according to §3 of part 1 of these conditions applies.
In cases where technical errors have occurred in the electronic communication from the customer to campstar and/or from campstar to the operator and/or in cases of overbookings, due to the receipt of simultaneous bookings, campstar is entitled to cancel the booked services of the customer within a period of 48 hours after sending the booking confirmation, without replacement. In this case, the customer will receive the already made payment back in full. Further claims by the customer for any legal reasons are excluded.
(1) As an intermediary, campstar does not assume any warranty for the contractual services of the operator. However, campstar is prepared to act as an intermediary in the event of difficulties with the operator.
(2) All information provided by campstar has been compiled with the utmost care. However, no liability can be accepted for any errors in data acquisition or data transmission.
(3) The information on www.campstar.com is mostly provided by the operators. Each operator bears sole responsibility for the accuracy, completeness and timeliness of the information. This applies in particular to prices and availability. campstar does not warrant the information provided by the operator.
(1) campstar is not liable for the conclusion of the contract with the operator. This also applies to any defects or damage arising from and in connection with the provision of the operator's services to the customer. These are to be asserted exclusively in the contractual relationship with the operator.
(2) campstar is liable without limitation for its own services and conduct, only in cases of intent and gross negligence. In the event of simple negligence, campstar shall only be liable in the event of a breach of such obligations whose fulfilment is essential for the proper execution of the contract, whose breach jeopardises the achievement of the purpose of the contract and whose fulfilment the customer can regularly rely on (cardinal obligations).
(3) In this respect, campstar's liability is limited to contractually typical and foreseeable damages and the maximum amount of liability is limited to the contract value of the contract with the operator.
(4) The above exclusions and limitations of liability shall not apply in the event of injury to life, body or health.
(5) Liability under the Product Liability Act and other mandatory statutory liability provisions, shall remain unaffected by the above limitations of liability.
campstar is not liable for cases of force majeure. In particular, this includes wars, riots, terrorist attacks, natural disasters of any kind, power failures, strikes, lockouts and such.
(1) campstar only provides information on campsite offers and services for campsites that cannot be booked in accordance with section 1 of these conditions.
(2) campstar makes every effort to ensure that www.campstar.com is as functional and accessible on the Internet as possible. The unrestricted accessibility and error-free use of the website is not owed. campstar does not assume any warranty for technical defects, in particular for the constant and uninterrupted availability of the database and its contents and/or for the complete and error-free reproduction of the contents entered into the
(3) campstar will use its best efforts to ensure the quality and accuracy of the information provided to the user and will endeavour to continually improve it. However, campstar accepts no responsibility or liability for the accuracy of the information provided.
(1) A user who wishes to conclude a contract for an offer placed on campstar.com must contact the campsite operator directly.
(2) The contract is concluded exclusively between the operator of the campsite and the user. campstar does not broker this contract and does not itself become a contractual partner of the customer.
(3) campstar disclaims all warranties and representations that the content of www.campstar.com is accurate or complete.
(4) campstar specifically disclaims all warranties and conditions that contracts initiated or entered into on the basis of the offers placed on www.campstar.com will be enforceable under the laws of the country in which the contract is to be performed.
(1) Users may only use the website using the functionalities provided by campstar.com. It is not permitted to bypass these functionalities, in particular, by using unauthorised software, e.g. search software. Any violations will be prosecuted by campstar.
(2) Users may not integrate, link to and/or otherwise link the contents of the website to any other website.
campstar owns the rights to the contents of the website and the database. campstar is exclusively entitled to all copyrights, trademarks and other protective rights to the database work, the database, the content made available, data and other designs.
campstar reserves the right to change these Terms and Conditions at any time and to include them in future contracts as amended.
(1) campstar collects, processes and uses the personal data of customers only if there is a legally effective consent or a legal provision that permits the collection, processing and/or use of the data. campstar collects, processes and uses such data as is required for the provision of campstar services and the use and operation of the campstar platform, or the services offered by the operators in this respect.
(2) The transmission of data to any third party is excluded. A transmission of data to third parties takes place solely to the extent necessary for the conclusion of a contract with the operator.
(3) Further information on data protection and the handling of personal data can be found in the data protection declaration on www.campstar.com.
(1) The legal relationship between campstar and the user shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the laws of the country in which the consumer has his habitual residence.
(2) If a provision of these Terms and Conditions is invalid, the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by one that comes closest to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to possible loopholes.