Last Updated: November 20, 2019
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Campsite Reservation Services.The Campsite Reservation Services can be used to make available and to reserve campsites (“Campsites”). Such Campsites are offered through the Campsite Reservation Services by Campsite Owners. You may view Campsites as an unregistered visitor to the Services, but if you wish to offer or reserve a Campsite through the Campsite Reservation Services, you must first create an account with us.
You understand that we make the Campsite Reservation Services available solely as an online platform for Campsite Owners and Campsite Renters to arrange for reservations of Campsites directly with each other. We are not an owner or operator of Campsites. Unless explicitly specified otherwise, our responsibilities are limited to: (i) facilitating the availability of the Campsite Reservation Services and (ii) serving as the limited payment collection agent of each Campsite Owner for the purpose of accepting payments from Campsite Renters on behalf of the Campsite Owner.
PLEASE NOTE THAT, AS STATED ABOVE, THE CAMPSITE RESERVATION SERVICES ARE INTENDED TO BE USED TO ALLOW CAMPSITE OWNERS AND CAMPSITE RENTERS TO RENT CAMPSITES DIRECTLY WITH EACH OTHER. WE DO NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS, NOR DO WE CONTROL OVER THE CONDITION, LEGALITY OR SUITABILITY OF ANY CAMPSITES OR THE CONDUCT OF CAMPSITE OWNERS OR CAMPSITE RENTERS. WE ARE NOT RESPONSIBLE FOR AND DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND CAMPSITES. ACCORDINGLY, ANY RENTALS WILL BE MADE OR ACCEPTED AT THE CAMPSITE RENTER’S OWN RISK.
Campsite Listings.If you wish to list a Campsite as a Campsite Owner, you may create a listing of that Campsite by answering a variety of questions about it, including, but not limited to, the location, capacity, size, features, and availability of the Campsite and pricing and related rules and financial terms and providing the Campsite Rules and pricing (“Listing”). Listings are made publicly available via the Campsite Reservation Services. Campsite Owner acknowledges and agrees that it is responsible for any and all Listings it posts. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
The Campsite Owner may set its own schedule of availability for its Campsite. When you create a Listing, you may also choose to include certain requirements which must be met by the Campsite Renters who request a reservation of your Campsite, such as requiring such Campsite Renters to have a profile picture or verified phone number, in order to book your Campsite. Campsite Owner may accept or reject prospective reservations through the Campsite Reservation Services or in other communications with us. However, once a Campsite Renter makes a reservation request, Campsite Owner may not request the Campsite Renter to pay a higher price than in the reservation request made through the Campsite Reservation Services. Once you accept a Campsite Reservation, Campsite Owner agrees to fulfill that commitment to us and to the Campsite Renter and you may not charge any Campsite Renter additional or supplemental fees for the Campsite Reservation (other than required Taxes). If you are a Campsite Owner, we make certain tools available to you to help you to make informed decisions about which Campsite Renters you choose to confirm or preapprove for reservation the Campsite Owner’s Campsite.
Please note that we do not currently charge fees for the creation of Listings. However, you as a Campsite Owner acknowledge and agree that we reserve the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that we will provide notice of any Listing fee collection via the Campsite Reservation Services, prior to implementing such a Listing fee feature.
Appointment of Us as Limited Payment Collection Agent for Campsite Owner.Each Campsite Owner hereby appoints us as the Campsite Owner’s limited payment collection agent solely for the purpose of accepting the Campsite Fees from Campsite Renters. Each Campsite Owner agrees that payment made by a Campsite Renter through us, will be considered the same as a payment made directly to the Campsite Owner, and the Campsite Owner will make the Campsite available to the Campsite Renter in the agreed-upon manner as if the Campsite Owner has received the Campsite Fees. Each Campsite Owner agrees that we may, in accordance with the cancellation policy, (i) permit the Campsite Renter to cancel the reservation and (ii) refund to the Campsite Renter that portion of the Campsite Fees specified in the applicable cancellation policy. Each Campsite Owner understands that we accept payments from Campsite Renters as the Campsite Owner’s limited payment collection agent and that our obligation to pay the Campsite Owner is subject to and conditional upon successful receipt of the associated payments from Campsite Renters. We do not guarantee payments to Campsite Owners for amounts that have not been successfully received by us from Campsite Renters. In accepting appointment as the limited payment collection agent of the Campsite Owner, we assume no liability for any acts or omissions of the Campsite Owner.
No Endorsement.We do not endorse any Campsite or Campsite Owner or Campsite Renter. Campsite Owners and Campsite Renters are required to provide accurate information, and although we may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Campsite Owners and/or Campsite Renters, we do not make any representations about, confirm, or endorse any such Campsite Owner and/or Campsite Renter or their purported identity or background.
Any references in the Campsite Reservation Services to a Member being “verified” or “connected” (or similar language) only indicate that the applicable Campsite, Campsite Owner or Campsite Renter has completed a relevant verification process, and does not represent anything else. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Campsite Owner or to accept a reservation request from a Campsite Renter. We are not responsible for any damage or harm resulting from your interactions resulting from Campsite Reservations.
By using the Campsite Reservation Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of third parties will be limited to a claim against the particular third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions. This limitation will not apply to any claim by a Campsite Owner against us regarding the remittance of payments received from a Campsite Renter by us on behalf of a Campsite Owner.
Campsite Rules.In addition, separate terms and conditions may apply to Campsites, including policies that are set by the applicable entity that owns or manages such Campsite (“Campsite Rules”). These Campsite Rules may be set forth on the Campsite Reservation Service, on a listing, or otherwise communicated to you via a confirmation email. As a Campsite Renter, you will comply with all Campsite Rules, and applicable laws, rules, regulations, and local ordinances. Use of any Campsite will be subject to: (i) availability of the Campsite; (ii) payment of all fees and charges incurred in reserving and/or using the Campsite; and (iii) compliance with the terms and conditions and/or Campsite Rules. Unless otherwise agreed in writing, settlement of all fees and charges incurred in reserving and/or using the Campsite is to be made by you prior to your use and shall not be considered guaranteed until written confirmation has been provided to you. You understand that a violation of Campsite Rules may result in cancellation of your reservation(s), in your being denied access to any reservation, or in your forfeiting any monies paid for such reservation(s). You hereby authorize us to debit or charge your account (via the method of payment associated with your account) for any costs we incur as a result of such violation (including any property damage or physical injury you cause).
Bookings and Financial Terms for Campsite Renters.Campsite Owners, not us, are solely responsible for honoring any confirmed reservations and making available any Campsites reserved through the Campsite Reservation Services. If you, as a Campsite Renter, choose to enter into a transaction with a Campsite Owner for the reservation of a Campsite, you agree and understand that you will be required to enter into an agreement with the Campsite Owner. You further acknowledge that such agreement may impose certain additional terms, conditions, rules and restrictions associated with such Campsite which are imposed by the Campsite Owner. You acknowledge and agree that you will be responsible for performing the obligations of any such agreements, that we are not a party to such agreements, and that, with the exception of its payment obligations hereunder, we disclaim all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that we are not a party to the agreement between you and the Campsite Owner, we acts as the Campsite Owner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Campsite Owner. Upon your payment of the Total Fees to us, your payment obligation to the Campsite Owner for the Campsite Fees is extinguished, and we are responsible for remitting the Campsite Fees (less the Service Fees and any Taxes on the Service Fees), in the manner described in these Terms.
The Total Fees payable will be displayed to a Campsite Renter before the Campsite Renter sends a reservation request to a Campsite Owner. The Campsite Owner is required to either confirm or reject the reservation request within the designated period; otherwise, the requested reservation will be automatically cancelled. If a requested reservation is cancelled (i.e. not confirmed by the applicable Campsite Owner), any amounts collected by us will be refunded to the Campsite Renter and any pre-authorization of such Campsite Renter’s credit card will be released, if applicable.
You as a Campsite Renter agree to pay us the Total Fees for any reservation if such requested reservations are confirmed by the applicable Campsite Owner. In order to establish a reservation, pending the applicable Campsite Owner’s confirmation of your requested reservation, you understand and agree that we, on behalf of the Campsite Owner, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card. As a general rule, we will collect the Total Fees due once we receive confirmation of your reservation from the applicable Campsite Owner; if necessary, Total Fees may instead be collected at a later point. Please note that we cannot control any fees that may be charged to a Campsite Renter by his or her bank related to our collection of the Total Fees, and we disclaim all liability in this regard.
Bookings and Financial Terms for Campsite Owners and Campsite Renters.If you are a Campsite Owner and a reservation is requested for your Campsite via the Campsite Reservation Services, you will be required to either confirm or reject the reservation request within 24 hours (“Booking Request Period”); otherwise the reservation request will automatically expire. When a reservation is requested via the Campsite Reservation Services, we will share with you (i) the first and last name of the Campsite Renter who has requested the reservation, (ii) a link to the Campsite Renter’s profile page, and (iii) an indication of whether or not the Campsite Renter has provided other information to us, such as a verified email address or a government ID. If you are unable to confirm or decide to reject a reservation request within the Booking Request Period, any amounts collected by us for the requested reservation will be refunded to the applicable Campsite Renter’s credit card and any pre-authorization of such credit card will be released. When you confirm a reservation requested by a Campsite Renter, we will send you an email, text message or message via the Application confirming such reservation.
We will collect the Campsite rental fees stated on the Listing, which includes the Service Fees payable by Campsite Owner to us plus any Taxes on the Service Fees (“Total Fees”) at the time of reservation confirmation (i.e. when the Campsite Owner confirms the reservation request) and will initiate payment of such Total Fees (less Service Fees and any Taxes on the Service Fees), to the Campsite Owner within 24 hours of when the Campsite Renter arrives at the applicable Campsite (except to the extent that a refund is due to the Campsite Renter). The time it takes for the Campsite Owner to receive payouts may depend upon the payout method chosen by the Campsite Owner. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Campsite Owner, including by deducting their charges from the payout amount.
If Campsite Owner owes any amount to us (whether as a result of your reservations or actions as a Campsite Renter or otherwise), then we may (but is not obliged to) withhold the amount owing to us from any payout amounts due to you as a Campsite Owner, and use the withheld amount to setoff the amount owed by you to us. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges.
Service Fees. In consideration for the use of the Campsite Reservation Services, we charge the Service Fees. Taxes may also be charged on the Service Fees. We deduct the Service Fees and Taxes on the Service Fees from the Campsite Fees before remitting the balance to the Campsite Owner as described in these Terms.
Payments. Balances will be remitted by us to Campsite Owners via direct deposit through Stripe or such other payment methods offered by us, depending upon the selections the Campsite Owner makes via the Campsite Reservation Service. We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Taxes.You as a Campsite Owner understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) and Total Fees. Campsite Owner is also solely responsible for remitting to the relevant authority any Taxes included or received. We cannot and do not offer Tax-related advice to any Campsite Owners. “Taxes” are any national, state, or local sales or use taxes, lodging or occupancy taxes, value added taxes, income taxes or other taxes on profits, revenues, or receipts, franchise taxes, withholding taxes, or any other tax, fee or levy imposed by any governmental authority.
Cancellations and Refunds. If, as a Campsite Renter, you cancel your requested reservation before the requested reservation is confirmed by a Campsite Owner, we will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested reservation within a commercially reasonable time.
If, as a Campsite Renter, you wish to cancel a confirmed reservation made via the Campsite Reservation Services, the applicable cancellation policy established by the Campsite Owner will be posted on the Listing on the Campsite Reservation Service. If you, as a Campsite Renter, cancel your reservation, your credit card will be charged any amounts due in accordance with the applicable cancellation policy and any remaining amounts will be credited to your credit card.
If a Campsite Owner cancels a confirmed reservation made via the Campsite Reservation Services, we will refund the Total Fees for such reservation to the applicable Campsite Renter within a commercially reasonable time of the cancellation. If a Campsite Owner cancelled a confirmed reservation and you, as a Campsite Renter, have not received an email or other communication from us, please contact us.
If, as a Campsite Owner, you cancel a confirmed reservation, you agree that we may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled reservation, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, we may decide, in our sole discretion, that it is necessary or desirable to cancel a confirmed reservation made via the Campsite Reservation Services. This may be for any reason, including, but not limited to, severe weather forecasts. We may also determine, in its sole discretion, to refund to the Campsite Renter part or all of the amounts charged to the Campsite Renter. You agree that we and the relevant Campsite Renter or Campsite Owner will not have any liability for such cancellations or refunds.
If, as a Campsite Owner, your Campsite Renter cancels a confirmed reservation or we decide that it is necessary to cancel a confirmed reservation, and we issue a refund to the Campsite Renter, you agree that in the event you have already been paid, we shall be entitled to recover the amount of any such Campsite Renter refund from you, including by subtracting such refund amount from any future Campsite Fees due to you.
Damage to Campsites. As a Campsite Renter, you are responsible for leaving the Campsite in the condition it was in when you arrived. You acknowledge and agree that, as a Campsite Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Campsite. In the event that a Campsite Owner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your account. We also reserve the right to charge the credit card on file in your account, or otherwise collect payment from you and pursue any avenues available to us in this regard, including using security deposits, in situations in which you have been determined, in our sole discretion, to have damaged any Campsite. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Campsite to the applicable Campsite Owner or to us (as applicable).
Both Campsite Renters and Campsite Owners agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us, in connection with any complaints or claims made relating to Campsites or any personal or other property located at a Campsite or with respect to any investigation undertaken by us or a representative of ours regarding use or abuse of the Campsite Reservation Services. If you are a Campsite Renter, upon our reasonable request, you agree to participate in mediation or similar resolution process with a Campsite Owner, which process will be conducted by us or a third party selected by us, with respect to losses for which the Campsite Owner is requesting payment.
If you are a Campsite Renter, you understand and agree that we may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to any Campsite or any personal or other property located at a Campsite. You agree to cooperate with and assist us in good faith, and to provide us with such information as may be reasonably requested by us, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as we may reasonably request to assist us in accomplishing the foregoing.
Overstaying without the Campsite Owner’s Consent.Campsite Renters agree that a confirmed reservation is merely a temporary license granted by the Campsite Owner to the Campsite Renter to enter and use the Campsite for the limited duration of the confirmed reservation and in accordance with the Campsite Renter’s agreement with the Campsite Owner. Campsite Renters further agree to leave the Campsite no later than the checkout time on the final day of the reservation, or such other time as mutually agreed upon between the Campsite Owner and Campsite Renter. If a Campsite Renter stays past the agreed upon checkout time without the Campsite Owner’s consent, they no longer have a license to stay in the Campsite and the Campsite Owner is entitled to make the Campsite Renter leave. In addition, Campsite Renters agree that the Campsite Owner can charge the Campsite Renter, for each 24 hour period or portion thereof that the Campsite Renter stays over the agreed period without the Campsite Owner’s consent, an additional nightly fee of two times the nightly Campsite Fee originally paid by the Campsite Renter to cover the inconvenience suffered by the Campsite Owner, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Campsite Owner to make the Campsite Renter leave (collectively, “Additional Sums”). Campsite Renters agree that we, in our role as limited payment collection agent for the Campsite Owner, may charge the Campsite Renter’s credit card or other payment methods it has on file to collect these Additional Sums. In addition, we may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Campsite Renter’s credit card or other payment method on file.
Acknowledgement of Risks. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH PARTICIPATION IN OUTDOOR ACTIVITIES AVAILABLE TO YOU AT CAMPSITES. THESE RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO: UNEVEN, LOOSE AND/OR SLIPPERY TERRAIN; UNMARKED NATURAL AND MANMADE HAZARDS; DROWNING; STEEP GRADES; DANGEROUS AND RAPIDLY CHANGING WEATHER CONDITIONS (E.G., LIGHTNING, HIGH WINDS, EXTREME HEAT AND COLD, HEAVY RAIN AND FLASH FLOODS); FOREST FIRES; DELAYED EMERGENCY MEDICAL RESPONSE; DANGERS ARISING FROM THE USE OF CAMPSITE EQUIPMENT; WILDLIFE (E.G., SNAKES, BEARS, RACCOONS, COYOTES, TICKS AND BEES); AND CONTACT WITH AND/OR CONSUMPTION OF ANIMAL PRODUCTS, VEGETATION, WATER AND OTHER SUBSTANCES FOUND ON AND AROUND THE CAMPSITE.
Reporting Misconduct. If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Promotions. From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes for Campsite. Unless otherwise indicated on the Campsite Reservation Service, we may establish and modify, in our sole discretion, the terms of such offer and suspend or end such offer at any point, with or without notice to you. We reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on the Services. Promotional codes are generally limited to one use per customer. We may post additional terms of a promotion on the Services.
Relationship Between Campsite Owners and Us. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Campsite Owner and us. Campsite Owner will take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving us that would argue that you are an employee of ours. You are not an agent of ours and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of us. Without limiting the generality of the foregoing: (a) Campsite Owner is not entitled to or eligible for any benefits that we may make available to our employees, such as group insurance, profit-sharing or retirement benefits; (b) we will not withhold or make payments for social security or payroll taxes of any kind, make unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf, nor will you be entitled to any of the foregoing; and (c) Campsite Owner is solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from payments made by Campsite Renters or to Campsite Owners under this Agreement (other than any Taxes on Service Fees, which we will submit to the appropriate authority), and you agree to do so in a timely manner.