Terms & Conditions for end customers | Campsites
1. Scope
1.1 These General Terms and Conditions for Campsites (hereinafter referred to as "GTC") apply to all services and intermediary services (hereinafter referred to as "intermediary services") provided by FWC - FreewayCamper GmbH (hereinafter referred to as "FreewayCamper") to private visitors (hereinafter referred to as "end customer") to the website www.freeway-camper.com and related subsites (hereinafter referred to as "FWC Campsites Platform").
1.2 All mediation services provided by FreewayCamper to the end customer will be provided exclusively on the basis of these terms and conditions, regardless of whether they are provided directly through the FWC Campsites Platform or, in addition or independently of the FWC Campsites Platform, through the Internet, mobile devices of any kind, by e-mail, in writing or by telephone. Regulations deviating from these GTC are only valid if they are confirmed by FreewayCamper in writing or in text form.
2. Services of FreewayCamper
2.1 FreewayCamper offers the end customer the possibility to directly book online campsites (including mobile homes and bungalows), pitches, tent sites and similar accommodation (hereinafter referred to as "campsites") by using the FWC Campsites Platform.
The services of FreewayCamper (hereinafter referred to as "Services") consist in particular of the procurement of campsites that can be booked directly online via the FWC Campsites Platform.
FreewayCamper itself does not offer camping sites (including mobile homes and bungalows), pitches, tent sites and similar accommodation or other travel services and does not accept bookings in its own name and on its own account, but acts as an intermediary between the campsite operator and the end customer. Each rental contract is concluded exclusively directly between the campsite operator and the end customer. FreewayCamper is neither a provider of travel services nor an agent or organizer in the sense of the law (§§ 651a ff. BGB), nor a travel agency.
2.2 FreewayCamper's mediation service to the end customer is provided by FreewayCamper under an agency agreement (hereinafter "agency agreement"), which is concluded between FreewayCamper and the end customer when booking directly through the FWC Campsites Platform. The object of the agency contract is exclusively the mediation of the rental contract between the end customer and the campsite operator and the related booking processing.
2.3 For mediated contracts between the end customer and the campsite operator, which are concluded through services provided by FreewayCamper, the campsite operator's terms and conditions apply. It should be noted that each campsite operator is responsible for his or her own property and/or service descriptions and all information posted in this context, and will draw up his or her own terms and conditions of business and/or contract, for which FreewayCamper will not be liable.
3. Online Booking
3.1 Online booking via the FWC Campsites Platform enables the end customer to make a direct and binding booking of the offers posted on the FWC Campsites Platform by the campsite operators. The campsite operator can post binding offers online on the FWC Campsites Platform on the basis of current availability, which, if booked by the end customer, leads to the conclusion of a rental agreement between these parties.
3.2 FreewayCamper is not liable for the accuracy and completeness of information provided by an end customer during an online booking.
3.3 After completing the online booking, the campsite operator and the end customer will receive a booking confirmation, which documents the content of the rental agreement concluded via the online booking. The campsite operator must check this confirmation immediately and is obliged to fulfill his contractual obligations to the end customer.
3.4 Each campsite operator can set his own individual cancellation conditions. Cancellations of confirmed bookings by the campsite operator are only possible with the consent of the end customer, unless different cancellation conditions have been effectively agreed between the campsite operator and the end customer and documented accordingly.
3.5 Unless otherwise agreed, any payment by the end customer will be made directly to the campsite operator.
4. Liability
4.1 FreewayCamper is not liable for defects and damages incurred by the end customer in connection with the services offered by the campsite operator. In particular, FreewayCamper is not responsible for the service descriptions and classifications issued by the campsite operators, nor for any shortcomings in the contractual relationship between the end customer and the campsite operator.
4.1 FreewayCamper's liability for breach of essential contractual obligations (from the agency agreement) is limited to the foreseeable damage typical for this type of contract if caused by simple negligence, unless the hirer's claims for damages are based on injury to life, body or health.
4.2 Any other claims for damages against FreewayCamper are generally excluded, unless and insofar as other damages are due to intentional or grossly negligent breach of duty by FreewayCamper or its agents.
4.3 The campsite operators act on their own responsibility and are not vicarious agents of FreewayCamper. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract (i.e. the procurement of pitches).
5. Data security and privacy policy
5.1 FreewayCamper attaches great importance to the protection of personal data of both the campsite operator and his employees, as well as the end customer, and always observes the applicable data protection regulations of the DSGVO and the Telemedia Act. FreewayCamper also expects the campsite operator to give the highest priority to the protection of personal data and the observance of data protection regulations. Further information is set forth in FreewayCamper's Privacy Policy, which the campsite operator is also obliged to observe and implement (https://www.freeway-camper.com/de/privacy-policy).
6. Final Provisions
6.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction for all legal disputes is, as far as legally permissible, the Regional Court Munich I.
6.2 Should individual provisions of these General Terms and Conditions of Business be or become invalid and/or contradict the statutory provisions, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the parties to the contract by mutual agreement by a provision which comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply accordingly in the event of loopholes. In place of unenforceable provisions, the statutory provision shall come into force.
June 2021
Imprint & Legal Venue
The FWC Campsites Platform is a service of FWC - FreewayCamper GmbH, Thomas-Wimmer-Ring 14, 80538 Munich, Germany. Board of Directors: Nikolai Voitiouk-Blum, District Court Munich/ Germany, HRB 253050, USt-ID/VAT-ID: DE327921929