We, Roadsurfer GmbH, Winzererstr. 47d, 80797 Munich ("Roadsurfer") offer you, as a lessor ("lessor") or as a lessee ("lessee") (lessor and lessee together also referred to as "users"), via the platform accessible at www.spots.roadsurfer.com ("platform"), the opportunity to provide or book pitches, parking spaces and other open spaces for use as camping/tent sites or for parking camping vehicles and similar things (together referred to as "services"). Roadsurfer and the users shall be referred to hereinafter collectively as the "parties" and individually as a "party". The following general terms of use ("terms of use") shall apply to the use of the platform.
 
1. Scope and conclusion of contract

1.1 These terms of use, as amended from time to time, shall apply exclusively for the use of Roadsurfer's services by the user, unless otherwise agreed in writing. Conflicting, deviating or supplementary conditions of the user shall not apply, unless Roadsurfer agrees to these in individual cases expressly in writing by the signature of an authorized managing director. The terms of use shall also apply in a case where Roadsurfer provides its services in awareness of the user's conflicting or deviating terms and conditions.
 
1.2 The contract between Roadsurfer and the user relating to the use of the services ("contract for use") is concluded by electronic registration by the user. The electronic form provided by Roadsurfer must be completed fully and accurately for the registration. Sending the online form shall constitute a binding offer to conclude a contract. The contract for use is concluded upon acceptance of this offer by Roadsurfer in the context of user account activation. Roadsurfer expressly reserves the right to reject offers.
 
1.3 By submitting an offer to conclude a contract for use, the user accepts these terms of use as binding and confirms that the data submitted by the user is complete and correct. Acceptance of these terms of use is a requirement for use of the platform.
 
1.4 The contracting party is
Roadsurfer GmbH
Winzererstr. 47d
80797 Munich
E-mail: spots@roadsurfer.com
 
1.5 The German and English languages are available for conclusion of the contract.
 
1.6 The text of the contract shall be saved by Roadsurfer and the terms of use shall be sent by e-mail to the user. The user may also view the terms of use at https://spots.roadsurfer.com/en-gb/terms-and-conditions.
 
2. Scope of performance

2.1 Within the scope of the services, Roadsurfer offers the lessor the possibility, via the platform, to provide camping sites, tent sites, pitches, parking spaces and other open spaces that are in their possession for use as a camping site/tent site or for the parking of camping vehicles and similar things ("rental spaces") and other related services ("rental offer") and to make contact with potential lessees. The lessor shall be provided with a calendar function on the platform for this purpose.

2.2 With a placement of a rental offer, the lessor makes a binding offer to enter into a rental agreement with lessees. The lessee shall be free to accept the rental offer and thereby enter into a legally binding contract that is subject to the relevant cancellation conditions (see Section 9) as well as the guidelines as defined in Section 2.3 with the lessor ("rental relationship").
 
2.3 Within the framework of the platform, the lessor shall have the option of incorporating their own guidelines and rules concerning the use of the rental spaces (e.g. house rules) ("guidelines"), that must then be complied with by the lessee. The guidelines must not contradict the terms of use. For the purpose of clarification: other than provisions relating to the liability of the lessor to the lessee, the lessor's own contractual terms and conditions are not covered by the Guidelines and are not permitted within the scope of platform use. Roadsurfer shall not be required to check the content of the guidelines (either concerning factual, legal or other aspects). Any discrepancies concerning the guidelines must be resolved exclusively between the lessor and the lessee.
 
2.4 In principle, the lessor shall be free to set the price of the rental offer under their own responsibility. However, if the lessor offers the rental space independently (e.g. by means of their own website) in addition to the platform, the lessor shall be prohibited from charging a higher price on the platform than within the scope of their own offer. The purpose of this requirement is that Roadsurfer wants to make it possible for the lessor to present their rental offers to a wide range of users via the platform whereby lessees should not incur any disadvantage when making bookings via the platform.
 
2.5 A contract relating to booking enquiries is concluded exclusively between the respective lessor and the lessee. With the exception of Section 2.6, Roadsurfer shall not act as a representative or agent of any of the contracting parties. There shall be no contractual rights against Roadsurfer from the contract concluded accordingly between the lessor and lessee. Roadsurfer is not the possessor, owner or operator of the rental spaces and does not act as a real estate broker or agent.
 
2.6 Roadsurfer is authorized by the lessor to receive the lessee's rental fee for the respective rental relationship and shall transfer this, after deduction of the service fee in accordance with Section 13, to the lessor after the end of the rental relationship.
 
2.7 The lessor shall be responsible for updating their free dates for rental offers within the framework of the platform's calendar function.
 
2.8 Roadsurfer has no influence on the method for implementation of the rental relationship or the content of it. Roadsurfer shall in particular not be required to check the condition and/or suitability of the rental space for the rental purpose. The user shall not have any claims against Roadsurfer in this connection. A liability of Roadsurfer relating to correctness, completeness and up-to-date status of rental offers shall be excluded. Furthermore, any guarantee relating to the quality of the rental offer by Roadsurfer shall be excluded.
 
2.9 Users have the facility to communicate with each other via the platform. The user shall bear sole responsibility in this respect and shall be required to comply with the regulations set out in Section 7.2 accordingly.
 
3. General obligations of the user

3.1 The user shall be required to maintain secrecy in respect of access data assigned to him for accessing the services, to protect it against access by third parties and not to refrain from forwarding it to third parties. In the case of loss of access data or knowledge of access data being acquired by unauthorized third parties, the user must inform Roadsurfer immediately in text form, so that Roadsurfer may instigate blocking of access if necessary (see Section 11). The user shall be responsible for all actions carried out using their identifying data.

3.2 The user shall not use or allow the use of the services in an unlawful manner or misuse them or allow them to be misused in any way, in particular not (i) for the purpose of conducting business relating to such items that breach legal provisions, (ii) in connection with the sending of spam messages, (iii) making contact for purposes other than in connection with a rental relationship, and (iv) using the communication function of the platform to initiate rental relationships independently of the platform to circumvent the payable service fee among other things. Users with demonstrably dubious business practices are also excluded from the use of the services.
 
3.3 The user indemnifies Roadsurfer against all actual and asserted claims of third parties, including costs of legal enforcement/assertion, that are based on acts or omissions by the user, in particular claims based on illegal or improper use of the services or non-compliance with applicable regulations or an infringement of rights of third parties by the user or that occur with their approval. The user must inform Roadsurfer immediately if such a breach is imminent.
 
3.4 Roadsurfer shall have entitlement to compensation from the user for additional costs incurred if such costs arise due to omission of performance of user obligations or untimely, incomplete or incorrect performance of user obligations.
 
4. Obligations of the lessor

4.1 The lessor shall be required to provide Roadsurfer with the mandatory information listed at https://spots.roadsurfer.com/en-gb/become-a-host to enable Roadsurfer to display the lessor's rental offers on the platform. Roadsurfer reserves the right not to display rental offers on the platform that do not correspond to the mandatory information, which obviously infringe the rights of third parties or breach statutory provisions. Roadsurfer shall not be required to check rental offers from the factual, legal or any other aspect on the platform.
 
4.2 The lessor is prohibited from placing rental offers on the platform that (i) are fraudulent, false or misleading (whether directly, by omission or due to failure to update information), (ii) are defamatory, abusive, obscene, pornographic, vulgar, offensive, violent or threatening, (iii) promote or support discrimination, fanaticism, racism, hatred of any person or group, harassment or harm to any person or group, or (iv) promote illegal or harmful acts.
 
4.3 Roadsurfer shall be entitled to remove rental offers from the platform immediately if rental offers or content of the lessor breach the prohibitions mentioned in Section 4.2 or an applicable law. In this case, Roadsurfer shall inform the lessor, stating the reasons for this measure and referring to the lessor's right to make a complaint in relation to Roadsurfer. Roadsurfer shall not be required to provide such notification if this would (i) prevent or interfere with the detection or prevention of fraud or other illegal activity, (ii) adversely affect the legitimate interests of other users or third parties, or (iii) violate applicable law.
 
4.4 The lessor shall be required to check the legal requirements relating to the leasing of the rental spaces before placing a rental offer on the platform. In particular, the lessor is aware that permission, permits and/or licences may have to be obtained and that registration may be required for leasing of spaces to third parties and that municipal/local area or administrative regulations may exist in this regard.
 
4.5 The lessor represents and warrants that each rental offer made by them and the implementation of the respective rental relationship (i) does not breach any agreements they have concluded with third parties (e.g. rental or lease agreements), (ii) complies with all applicable laws, regulations and tax provisions relevant to the respective rental offer/rental relationship, (iii) that all necessary permits, authorizations/licences and/or registrations are obtained where required for this purpose, and (iv) that no rights of third parties are violated. It shall be the sole responsibility of the lessor to comply with all applicable laws, regulations and agreements concluded with third parties. Roadsurfer shall assume no liability in this connection.
 
4.6 The FAQ provided on the platform of Roadsurfer do not constitute legal advice within the meaning of the Rechtsdienstleistungsgesetz (Legal Services Act) and cannot replace advice, for example, from a lawyer.
 
5. Roadsurfer free spots

In the context of the use of Roadsurfer free spots, the lessee shall be required to carry out an independent check concerning the legal requirements before using the spots. It shall be the sole responsibility of the lessee to comply with all applicable laws, regulations and agreements concluded with third parties in connection with the use of free spots. Roadsurfer shall assume no liability in this connection.

6. VAT

As an operator of an online platform, Roadsurfer is required to pay VAT on its service fees insofar as the respective national law provides for taxation of electronically provided services by the operator. In particular, this includes all the Member States of the European Union (the "EU"). Foreign lessors from the EU are required to state their valid VAT number when registering in accordance with Section 1.2 if one has been issued to them. In this case, service fees shall be charged by Roadsurfer without an indication of VAT and with a reference to the tax liability of the service recipient (referred to as reverse charge). Roadsurfer draws attention to the fact that services offered via the platform may also be subject to VAT with the lessor. It shall be the responsibility of the lessor to comply with their tax obligations; Roadsurfer accepts no liability for any tax obligations of the lessor.
 
7. Evaluation of the rental relationship

7.1 The user has the option to rate the rental relationship on the platform after termination of it ("feedback").
 
7.2 In the context of posting feedback the user undertakes (i) not to make any misleading, false or defamatory statements, (ii) not to insult or disparage other users and (iii) to refrain from making any obscene, pornographic, vulgar or violence-glorifying statements and (iv) to refrain from any type of discrimination, fanaticism, racism and/or hatred against a person or group. Roadsurfer reserves the right to delete feedback immediately if it breaches the aforementioned criteria. Section 4.3 shall apply accordingly.

7.3 The user is aware that feedback received does not represent the opinion of Roadsurfer. Roadsurfer shall not be responsible to check user feedback in terms of accuracy.
 
8. Ranking rental offers

8.1 Ranking of the rental offers in a search on the platform by the lessee is based on the number of search criteria matching the search query in the rental offers. If several rental offers have an identical number of matching search criteria, the display shall be randomized (i.e. without weighting).
 
8.2 The purpose of the above-mentioned parameters and their weighting is to provide users with the best possible user experience on the platform, whereby search results are displayed to the user in a prioritized manner that are likely to be of the greatest interest to him/her based on their search query.
 
9. Cancellation/change of booking

9.1 The lessee and the lessor each have the option to cancel the rental relationship via the platform. The cancellation conditions, including cancellation deadlines to be complied with and any cancellation fees incurred, are based on the cancellation method agreed within the framework of the rental relationship and can be found at https://spots.roadsurfer.com/en-gb/faq. A refund of the rental fee, less any cancellation fees, shall be made within 14 calendar days using the payment method used by the lessee at the time of booking.
 
9.2 It is possible to rebook the rental relationship via the platform, provided the lessor consents to this. The rental fee shall be adjusted accordingly if the rental period is extended/shortened as a result of the rebooking and the lessee shall be required to pay any additional amount immediately. The additional amount shall be collected automatically by Roadsurfer using the method of payment chosen by the lessee. If the rental period is shortened as a result of the rebooking, Roadsurfer shall refund any excess rental fees paid within 14 calendar days using the method of payment used by the lessee at the time of booking.
 
10. Availability, maintenance works, disruptions, force majeure

10.1 Roadsurfer shall ensure an availability of the platform of at least 98% based on one (1) year of use of the services by the user. Expenditure of time for necessary routine maintenance and care or technical improvement of the services ("maintenance time") as well as cases in accordance with Section 10.3 shall be excluded from this. Roadsurfer shall attempt to carry out this work during maintenance hours outside the regular working hours (Central European Time/GMT).
 
10.2 The right to use the services shall exist only within the framework of the current state-of-the-art technology.
 
10.3 Roadsurfer draws the user's attention to the fact that restrictions or impairments of the services that are beyond the control of Roadsurfer may occur. This includes in particular actions by third parties who do not act on behalf of Roadsurfer, technical conditions that are beyond the influence of Roadsurfer as well as force majeure. Hardware, software and technical infrastructure used by the user may also have an impact on the services. Insofar as such circumstances have an impact on the availability or functionality of the service provided by Roadsurfer, this shall have no effect on the contractual compliance of the service provided.
 
10.4 Roadsurfer shall be released from their obligation to perform insofar as non-performance is due to circumstances of force majeure or other unforeseen circumstances for which Roadsurfer is not responsible (e.g. war, strike, natural disasters, pandemics, epidemics, water ingress, system failures on the internet or sabotage by malware).

10.5 The parties shall notify each other immediately upon discovery of an occurrence of force majeure or other circumstances referred to in this Section 10.
 
11. Blocking of the user account

11.1 Roadsurfer may block the user's access to the platform in whole or in part without prior notice or delete their user account if (i) the user breaches the terms of use (in particular their general obligations in accordance with Section 3, the lessor obligations in accordance with Section 4 as well as the evaluation criteria according to Section 7) or (ii) there is a risk of damage or impairment of Roadsurfer's systems or a risk of damage to the general public. If the user is a lessor, Roadsurfer shall grant the lessor a period of 30 days to respond before deleting the user's account, subject to the provisions of Article 4 (4) of Regulation (EU) 2019/1150.
 
11.2 Roadsurfer shall notify the user – if the user is a lessor – about the reasons for blocking or deletion in accordance with Article 4 (5) of Regulation (EU) 2019/1150.
 
11.3 Blocking/deletion of the user account by Roadsurfer shall not entitle the user to assert claims against Roadsurfer, subject to mandatory statutory provisions.
 
12. Rights of use

12.1 Roadsurfer grants the user a revocable, simple, non-transferable and non-sublicensable right to use the services for their own purposes in connection with the subject matter of the contract. This right of use shall be limited to the duration of the contract for use and refers exclusively to the status and scope of the services provided by Roadsurfer during the term of the contract. The user shall not receive any further rights, for example to the software applications or operating software on which the services are based.
 
12.2 The use of the services shall be permitted only for the user within the framework described in Section 12.1. In particular, the user is prohibited from unauthorized copying of the services or the underlying software, editing, decompiling the source code or rendering it readable or usable in any other way, making the software publicly accessible, leasing it out, forwarding it to third parties in any other way, exploiting or using it or allowing it to be used for purposes of third parties. Sections 69d and 69e UrhG (Copyright Act) shall remain unaffected by this provision.
 
12.3 Roadsurfer reserves the right to claim compensation if the user culpably enables unauthorized third parties to use the services. In case of unauthorized transfer of use to third parties, the user provide Roadsurfer immediately upon request with all information necessary for assertion of claims against the third party.
 
12.4 The lessor grants Roadsurfer a non-exclusive, worldwide, royalty-free, sub-licensable and transferable right of use to the contents posted on the platform by them – insofar as they are protected as intellectual property – for the duration of the protection of these contents. This right of use shall include the right to access, use, store, copy, alter, modify, create derivative works from, distribute, publish, transfer, stream, send, and otherwise exploit such contents in any manner whatsoever for the purpose of providing and/or promoting these Roadsurfer spots and platform Roadsurfer spots in any media or platform currently known or hitherto unknown, in particular on the internet and in social media. The lessor shall have the sole responsibility for all content posted on the platform. The lessor must ensure that they are either the owner of the rights to this content or that they are authorized to grant Roadsurfer the rights described in these terms of use. The lessor shall be responsible if the content posted by them breaches intellectual property, personal rights or data protection rights of third parties.

13. Roadsurfer's rental fee and service fee

13.1 All prices stated on the platform are final prices including any statutory VAT owed and all other price components. We use the external third-party payment service provider Adyen (Adyen, Simon Carmiggeltstraat 6 - 50, 1011 DJ Amsterdam, The Netherlands) ("Adyen") for the payment of the rental fee for the tenancy booked by the tenant ("rental fee"). Adyen is a financial service provider regulated by the Dutch Central Bank (De Nederlandsche Bank NV (DNB)). All bookings through the platform are secured by the payment system of Adyen. A payment of the rental fee to Roadsurfer will not be made at any time. The rental fee is due immediately after the conclusion of the rental relationship by booking and is automatically collected by Adyen via the means of payment chosen by the tenant.

13.2. The rental fee will be transferred by the external payment service provider Adyen commissioned by Roadsurfer within 7 calendar days after the end of the calendar day on which the rental relationship ends. This rental fee will be disbursed minus a service fee of Roadsurfer of 15% of the gross amount of the rental fee ("service fee") to the account deposited by the lessor with Adyen. The Lessor will receive an invoice for the Service Fee in accordance with the requirements of § 14 and § 14a UStG (German Turnover Tax Act).

13.3 Roadsurfer shall be entitled to adjust the service fee once (1) per contract year after the start of the contract for use to the development of costs at reasonable discretion with appropriate consideration for the interests of the lessor. Roadsurfer shall inform the lessor about such price adjustments in text form. The price adjustment shall be deemed to be accepted by the lessor if the lessor does not object in text form within six (6) weeks after receipt of the notification of change and continues to make use of the services; Roadsurfer shall draw attention to this consequence for the lessor in the notice about the change. If the lessor objects to the price adjustment, both parties shall have a special right of termination with effect from the announced date of entry into force of the new prices that must be exercised within one (1) month of receipt of the objection.
 
14. Contract term and termination

14.1 Unless otherwise agreed in writing, the contract for use shall be concluded for an indefinite term and may be terminated by either party at any time.

14.2 The right of both parties to terminate the contract without notice for good cause shall remain unaffected, in particular (i) if the other party persistently breaches material contractual obligations and the breach is not remedied within a reasonable period despite a warning with a reasonable deadline or (ii) if the other party suffers a material deterioration or danger to their assets.
 
14.3 Termination must be made in text form (i.e. by letter or e-mail). Notice of termination must be sent to the address or e-mail address stated in Section 1.4.
 
15. Liability

15.1 A liability or guarantee by Roadsurfer for the correctness and legality of the rental offers and the use of the rental spaces by the lessor – in particular in respect of compliance with the applicable legal requirements and tax obligations – as well as other information provided by users on the platform shall be excluded. Roadsurfer shall be under no general obligation to monitor the information provided by users, nor shall they be required to erase content that is not obviously illegal.

15.2 Furthermore, a liability of Roadsurfer for damages, in the context of the rental relationship, to ownership/property or other rights of the lessor/lessee by the other party shall be excluded. For the purpose of clarification: in particular, Roadsurfer accepts no responsibility for any limitations of liability/exclusions of the lessor in the Guidelines. The lessor and the lessee shall be liable to the other party for any damage caused by them.
 
15.3 Roadsurfer shall be liable to the user in all cases of contractual and non-contractual liability in the case of intent and gross negligence in accordance with the statutory provisions for damages or compensation for wasted expenses.

15.4 In other cases, Roadsurfer shall be liable – insofar as not regulated differently in Section 15.5 – only in the case of a breach of a contractual obligation, the fulfilment of which is necessary for proper implementation of the contract for use at all and on the compliance of which the user may rely on as a matter of course (referred to as a cardinal obligation) and limited to the compensation for the foreseeable and typical damage. In all other cases, the liability of Roadsurfer shall be excluded, subject to the regulation in Section 15.5.
 
15.5 The liability of Roadsurfer for damage resulting from injury to life, body or health, according to the Produkthaftungsgesetz (Product Liability Act) and to the extent of a guarantee assumed by Roadsurfer shall remain unaffected by the above limitations and exclusions of liability.
 
15.6 Liability of Roadsurfer for damages of the user resulting from loss of data shall be excluded insofar as the loss or damage is due to the fact that the user has omitted to carry out data backups within their sphere of responsibility correctly and on a regular basis in order to ensure that lost data can be restored with reasonable effort.
 
15.7 Insofar as the liability of Roadsurfer is excluded or limited in accordance with the contract for use and/or the terms of use, this shall also apply to the personal liability of the legal representatives, corporate bodies, employees and vicarious agents of Roadsurfer.
 
16. Data protection

16.1 Roadsurfer and the lessor undertake to comply with all applicable statutory data protection provisions relating to them.

16.2 After termination of the contract for use between Roadsurfer and the lessor, the information and data provided and/or generated by the lessor shall be stored exclusively for the assertion or defence of contractual claims and due to statutory storage obligations.
 
16.3 Further data protection information is available under the following link: https://spots.roadsurfer.com/en-gb/privacy
 
17. Complaint procedures and codes of conduct

17.1 Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides an online dispute resolution (ODR) platform for consumers that can be found at http://ec.europa.eu/consumers/odr/. Roadsurfer is not currently required to use, and does not use, an alternative dispute resolution service as defined by the regulation. If this changes, Roadsurfer shall provide notification about it here.
 
17.2 Roadsurfer has not subscribed to any code of conduct.
 
18. Changes to the terms of use

Roadsurfer reserves the right to change and adapt the terms of use with effect for the future. Roadsurfer shall inform the user of the changes by e-mail no later than 15 days before the new version of the terms of use is scheduled to come into effect. If the user does not object to the validity of the new terms of use within this period and uses the services unchanged, the new terms of use shall be deemed to have been accepted. In the case of an objection, each party shall be entitled to effect extraordinary termination of the contract for use. Roadsurfer shall inform the users of their right of objection, the time limit for this and the legal consequences of making no response or of making an objection.
 
19. Final provisions

19.1 The transfer of the contract for use or individual rights or obligations of it by the lessor to third parties shall require prior written consent from Roadsurfer. Section 354a HGB (German Commercial Code) shall remain unaffected.
 
19.2 Offsetting by the user shall be permitted only for a claim of Roadsurfer that is undisputed or res judicata. The same shall apply to assertion of rights of retention, whereby the counterclaim must also be based on the same contractual relationship.

19.3 German law shall apply exclusively between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's domicile may also be applicable, insofar as it concerns mandatory provisions of consumer law.
 
19.4 If the user is a merchant as defined by the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with the contract shall be the principal place of business of Roadsurfer.
 
19.5 If the user is a consumer as defined by Section 13 of the German Civil Code and if the user has no general place of jurisdiction in Germany or in another EU member state or if they have moved their permanent domicile to a country outside the EU after the terms of use have become effective or if their domicile or habitual abode is unknown at the time when the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract for use shall be the principal place of business of Roadsurfer.
 
19.6 Unless otherwise expressly stipulated in these terms of use, all declarations and notifications within the framework of the contractual relationship and the business relationship with the user must be in writing (including fax) or in electronic form. Amendments or supplements to the contract for use existing between the parties, including the agreement to waive this formal requirement, must be in text form.
 
19.7 If individual provisions of the existing contract or these terms of use are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall endeavour to replace the invalid or unenforceable provision with a valid and enforceable provision that reflects the invalid or unenforceable provision as closely as possible in economic terms. The same shall apply in the case of a gap in the contract or in the terms of use.
 
20. Supplier information

Roadsurfer GmbH
Winzererstraße 47d
80797 Munich
E-mail: spots@roadsurfer.com
Tel: +49 (0)89 2154 1673
 
Authorized representative managing directors: Dr. Susanne Dickhardt, Christoph Niemann, Markus Dickhardt
 
Registered at the District Court of Munich: HRB 229982
VAT ID: DE309915314