General Terms and Conditions

For Chargeable (“Premium Listings”) and Free-of-Charge Classified Advertisements (“Free Listings”)

These General Terms and Conditions shall take effect from: 01.05.2018

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§ 1 General provisions

(1)          These General Terms and Conditions apply to the contractual relationship between campstar Worldwide Camping GmbH, Stadtdeich 5, 20097 Hamburg (hereafter referred to as “campstar”) and businesses within the meaning of § 14 of the German Civil Code, which operate campsites (hereafter referred to as the “operator”) and which make use of the campstar.com service for chargeable classified advertisements (hereafter referred to as “Premium Listings”) and/or free-of-charge advertisements (hereafter referred to as “Free  Listings“).

(2)          These General Terms and Conditions are complemented by campstar’s General Terms of Use and campstar’s current list of services and price list from time to time.

 (3) The Operator can choose between a free and a premium listing. The free listing includes the basic placement on campstar.com, but without the advantages of a premium listing. Premium listings are divided into three different categories (silver, gold and platinum) and can be purchased on the basis of a one-year contract of an unlimited duration. The advantages of Premium Listings can be seen here: https://www.campstar.com/en/campingplaetze/subscription/

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§ 2 Contract formation

(1)          Pursuant to the operator’s registration on campstar.com and the transmission of content, an offer shall arise between the parties to enter a contractual relationship.

(2)          Following receipt of the offer campstar shall decide at its sole discretion, whether to accept such offer. Acceptance of the operator’s offer takes place by an electronic confirmation of contract.

(3)          Operators shall only be permitted to register on the website if they are a legal entity or are natural person or associations of persons with full capacity to enter contractual relations. Persons registering for the service must have full authority enter into contracts on behalf of the operator.

 

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§ 3 Scope of the agreement

(1)          The operator shall be entitled to engage campstar for the purposes of publishing Premium Listings and/or Free Listings. Campstar shall offer the operators a range of services and service packages in this respect. Campstar’s current range of service packages and prices are attached to these General Terms and Conditions.

(2)          Campstar commits to include content made available by the operator for the purposes of Premium Listings and/or Free Listings (hereafter referred to as “Content”) on www.campstar.com and to make such content accessible for the agreed period. For technical reasons, it may not be possible to access the content of the Premium Listings and/or the Free Listings at certain times, or such content may only be accessible on a restricted basis, for example in the event of unforeseen system outages or other technical incidents.

(3)          Where the operator’s service package also includes the delivery of work results to be created by campstar (such as photographs or video productions), campstar shall, following approval by the operator, also make these available on www.campstar.com in accordance with § 3 Para. 2 above and to make such content accessible for the agreed period in accordance with these General Terms and Conditions. Campstar grants to the operator to the extent set out herein a non-exclusive, non-transferable, non-sublicensable licence, for the duration of the agreed period for the applicable Premium Listing, to make use of such deliverables for advertising purposes on www.campstar.com and to distribute and make such deliverables accessible on the operator’s own online presence. The operator shall only be entitled to edit the deliverables with the consent of campstar. The use of the deliverables on websites of campstar’s competitors is expressly prohibited.

 (4) After the conclusion of the contract, the operator receives the opportunity to manage his profile through the functions offered in the so-called Campstar Cockpit (hereinafter "Cockpit"). Via the cockpit, the operator can change information and other content available to campstar and, in particular, upload photos of his campsite (hereinafter referred to collectively as "content"). In certain cases campstar will already publish photos of the operator's campsite (hereinafter referred to as "campstar photos") already preset in the cockpit. The operator can use the cockpit's selection functions to decide which photos will be displayed on his campstar profile in the future. In order to ensure the effective granting of rights to campstar photos in accordance with § 4 of these GTC, the operator may only select campstar photos that he has either produced himself or for which he has effective rights for. Any photos not selected by the Operator shall subsequently be deleted from the cockpit by campstar. The content and the campstar photos are hereinafter collectively referred to as "content".

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§ 4 Scope of licences in content

(1)          The operator hereby grants to campstar a non-exclusive, perpetual, worldwide, transferable and sub-licensable licence, without restriction as to use, to exploit the content both online and offline, including without limitation the right to make the content publicly accessible and to reproduce, distribute and edit such content.

And without limitation, the operator expressly agrees that the content may be translated and incorporated into offers outside campstar.com.

(2) The operator assures that he has produced the contents himself or through a service provider commissioned by him and has received the rights and consents required for the execution of the contract. The operator assures that the content does not violate the rights of third parties. In this respect, the operator indemnifies campstar against all claims by third parties in full (including reasonable legal costs).

 (3) The operator grants campstar the rights on the campstar photos at the time the operator selects the campstar photos as part of the cockpit functions.

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§ 5 Deletion of content and termination

(1)          The operator is solely responsible for the legality of the content. The operator represents that the content does not infringe on the rights of any third party and that none of the content contains any material of a racist, sexist or otherwise infringing and/or discriminatory nature.

(2)          campstar shall be entitled to delete any content that:

-          infringes upon the rights of any third party; or

-          breaches any applicable laws or regulations; or

-          contains any prohibited content within the meaning of paragraph (1) above.

(3)          If any content is deleted in accordance with paragraph (2) above, campstar shall notify the operator of such deletion without delay and shall provide the operator with the opportunity to provide a non-infringing version of the content. Such deletion shall not in any way affect the operator’s payment obligations.

(4)          The contractual relationship between campstar and the operator may, in the case of Premium Listings, be terminated by either party without cause upon one month’s notice to take effect upon the expiry of the initial term of this agreement. Such termination shall be made in writing to campstar Worldwide Camping GmbH, Stadtdeich 5, 20097 Hamburg or by e-mail to be sent to: info@campstar.com

(5)          In the case of Free Listings or similar free-of-charge services, should an operator not wish or no longer wish for content relating to its services to be published on campstar.com, campstar shall delete such content without delay upon receipt of a corresponding notification via a contact form on campstar.com.

(6) Premium listings can be purchased by the operator for an indefinite term, or for a limited term of one year. If a Premium Listing is purchased for an indefinite term, the term of the contract shall be extended by one year if the contract has not been effectively terminated beforehand. If a Premium Listing is purchased for a limited period of one year, the contract ends automatically after one year.

 

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§ 6 Remuneration

(1)          The fees for the services delivered to the operator in the case of Premium Listings shall exclusively be invoiced by campstar in electronic form, to be sent by e-mail. The final amount set out in the invoice shall be due for payment immediately upon issue of the invoice.

(2)          The fees may be paid by credit card or SEPA bank transfer or by such other means of payment as the parties may agree.

(3)          Should the operator fail to make payment upon demand, the operator shall indemnify campstar in respect of the additional costs thereby incurred, except to the extent that it is not liable for the failure to make payment or can demonstrate that campstar has suffered no loss whatsoever or a loss materially lower than the additional costs claimed.

(4) The current prices of the Premium Listings can be viewed here: https://www.campstar.com/en/campingplaetze/subscription/

(5) Individually agreed upon discounts on online advertisements are valid only once and do not renew themselves with extension of the contract, unless this was agreed upon before.

 

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§ 7 Indemnity

The operator shall indemnify campstar and hold campstar harmless in respect of all claims and brought against campstar by third parties because of any infringement by the operator’s content. This shall not apply if and to the extent the operator is not liable for such infringement.

 

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§ 8 Warranty

(1)          Campstar does not warrant that the services shall be free of technical defects, and (without limitation) does not warrant that the website or the content on the website shall be available without interruption, nor that the operator’s content shall be distributed in a complete and/or error-free manner.

(2)          Where campstar is subject to a legally enforceable claim, campstar shall initially be entitled to rectify any breach of obligation by way of a repeat performance. This shall generally take the form of an extension to the period in which the content is published.

(3)          Upon the occurrence of an event of force majeure, campstar shall not be required to perform its obligations. Force majeure includes all unforeseeable events as well as any event outside either party’s control. These shall include, without limitation, legal labour disputes, measures taken by public authorities, the failure of communications networks, disruption to electricity networks and other miscellaneous technical outages or disruptions outside campstar’s control.

 

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§ 9 Limitations and exclusions of liability

(1)               Campstar shall only be liable for damages, other than in the event of a material breach of this agreement, if and to the extent campstar is grossly negligent or engages in willful misconduct. In the event of a material breach of this agreement, campstar shall be liable for all conduct giving rise to liability.

(2)               Other than in the event of gross negligence or willful misconduct, campstar’s liability shall be restricted to the amount of the damages that would typically be foreseeable at the time of entering into this agreement.

(3)               Campstar shall only be liable for indirect or consequential loss or damage, including loss of profit, only in the event of gross negligence or willful misconduct on the part of campstar.

(4)               The exclusions and limitations of liability set out above shall not apply in the event of express assumption of responsibility by campstar in the form of an indemnity, nor in respect of any loss or damage arising from loss of life, bodily injury, or harm to health, nor in respect of any other loss or damage that cannot be excluded by law.

 

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§ 10 Price changes for Premium Listings/Changes to these General Terms and Conditions

(1)               Changes in prices shall be notified by campstar in good time such that the operator shall be able to terminate the contractual relationship in accordance with the contractually agreed notice period before any new prices take effect. Where the operators fail to exercise such right and continues to receive campstar’s services following the end of the notice period applicable to the price change, such price change shall become binding upon both parties and all future charges shall be settled based on such price change.

(2)               Campstar may propose changes to these General Terms and Conditions upon two weeks’ notice in writing (including by e-mail) by sending the proposed change no later than two weeks’ before they enter into force. Campstar’s proposed change to these General Terms and Conditions shall be deemed accepted unless the operator objects to the change in writing (including by e-mail) within two weeks of such notice being given. The operator’s attention shall be drawn to this contractual effect in any change proposal.

 

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§ 11 Place of performance, applicability of German law, jurisdiction

(1)               The contractual relationship between the parties and these General Terms and Conditions shall be exclusively governed by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on the sale of goods.

(2)               Where the operator deals as a business within the meaning of the German Commercial Code (Handelsgesetzbuch), Hamburg shall be the sole place of jurisdiction for any dispute arising out of or in connection with the contractual relationship between the Parties and these General Terms and Conditions.

 

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§ 12 Severability clause

Where and to the extent any provision of these General Terms and Conditions is invalid, the remaining provisions of this Agreement shall not be affected thereby. The invalid provision shall be deemed to be replaced by a similar provision that approaches as nearly as possible the meaning and purpose of the invalid provision, in terms of its economic effect. The same shall apply where this Agreement is silent on any matter at issue.