Last Updated: June 29, 2020
- Trademarks. All trademarks, service marks and trade names of Company used herein (including but not limited to: the Company name, the Company corporate logo, the Web Site name, the Web Site design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without Company’s prior written consent. The use of Company trademarks on any other website or network computer environment is not allowed. Company prohibits the use of Company trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
- User Submission Policy.
- Company encourages members of the public to submit user content to the website’s online community public forums that the community may find helpful or useful (“User Submissions”). User Submissions remains the intellectual property of the individual user, unless we explicitly specify otherwise. By posting your content using our Services, you expressly grant Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. By uploading video content to The Dyrt you agree to YouTube’s Terms of Service.
- Any user submitted review on The Dyrt does not reflect the opinion of The Dyrt, Inc., but rather that of the user who submitted that User Submission. The Dyrt may, at its sole discretion, but is not obligated to, remove reviews and related media and/or user accounts that violate some, all, or versions of the following criteria.
- Inappropriate Content: Review includes offensive language, in particular, language that contains racism/bigotry/hate speech.
- Personal Information: Review references specific personal information in a review – e.g. email address, birthdate, etc.
- Criticism of Individuals: Review negatively references an individual by name or other identifiable information.
- Failure to justify a negative review: User negatively reviews a campground but fails to include evidence, specifics or examples of reported behavior.
- Threats of Harm: Review references specific threat of harm to self or others.
- Gibberish: Review is clearly gibberish or unintelligible (e.g., random letters, song lyrics).
- Third-Party Links: Review includes links to other webpages.
- Clear Inaccuracy: Review is written about the wrong place. Must be obvious and indisputable.
- Review as a Message: Reviewer is not reviewing the campground but is sending a message to The Dyrt Staff (e.g., campground is not a campground) or to another reviewer in response to another review.
- Uninformed Reviewer: Reviewer clearly indicates they do not know about the campground they are reviewing, or reviewer is not affiliated with and does not have firsthand experience of the campground they are reviewing.
- Intellectual Property: Review includes information subject to copyright or trademark protection of others.
- Advertising Content: Review includes blatant advertising or promotional content.
- Incentivized/Coerced Users: There is clear evidence that the reviewer has either been incentivized or coerced to write the review.
- Advertising Rights. Company reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and Company and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Company to sell, license or offer to sell or license any advertising, promotion or distribution rights.
- Accuracy of Information. We attempt to ensure that information offered through and on the Services is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information offered through or on the Services.
- Linking to our website. Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited. Running or displaying this website or any information or material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rule and regulations.
- Third Party Links. From time to time, this website may contain links to websites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
- Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Services. In consideration of your use of the Services, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of this website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. We have the right to provide all user records, and related information and content under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
- Premium Subscribers. While you can access much of our Content and Services for free, in order to access certain premium Content, Services and additional benefits, you will be required to purchase a The Dyrt PRO Membership (“PRO Membership”). Further details of the current benefits for the PRO Membership can be found at thedyrt.com/pro. If you purchase a PRO Membership, you can always view details about your PRO Membership in the Account Information area of the Service or the account information on the applicable app store, wherever you purchased your PRO Membership, including your billing information and payment methods.
- If a charge applies to your PRO Membership, you will be charged for it using the payment method provided when you first subscribe. If your PRO Membership automatically renews, subscription payments will be taken automatically on the first day of each new subscription period for your PRO Membership at the same price (unless we have notified you of a price change).
- If a payment is not successfully settled, because your payment method has expired, you have insufficient funds, or otherwise, and you do not change your payment method or cancel your PRO Membership, we may suspend your access to your PRO Membership until we (or the relevant third party) have obtained a valid payment method. When you update your payment method in your Account Information, you authorize us to charge the updated payment method for your PRO Membership and you remain responsible for any uncollected amounts. This may result in a change to your payment dates or subscription period.
- We reserve the right to change the date we charge you if your payment method has not been successfully authorized or if your subscription renewal date does not occur in a given month, for example, if you are usually charged on the 30th of each month, in February you will be charged on the 28th. We use other companies, agents or contractors to process credit card transactions or other payment methods. For some payment methods, the relevant issuer may charge you certain fees. Local taxes and charges may vary depending on the payment method used. You will be solely responsible for any such taxes and charges which may apply. Check with your payment provider for details. If you subscribe to a PRO Membership which starts with a free period of access, or if you use a promotional offer which requires you to provide your payment details, a payment may be authorized by your bank when your free period of access or promotional offer begins but no payment will be taken by us for this free period of access or for this promotional offer period. You should be aware however that this may affect your available balance or credit limit.
- Certain types of PRO Memberships automatically renew unless you cancel your subscription before your next renewal date. If you purchase a PRO Membership through us, we will let you know, at the point of sign-up, if your type of PRO Membership will automatically renew. If you have a PRO Membership which automatically renews, and you do not cancel your subscription before the end of the current subscription period (or free period of access), your PRO Membership will automatically renew. If your PRO Membership automatically renews, you will be charged the total subscription fee at the same price (unless we have notified you of a price change) due for the next subscription period.
- We may change the price of your PRO Membership from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect, but in any case such a price change will not affect you until your next subscription renewal. If you have purchased a PRO Membership through one of our third party partners, price changes will be subject to that third party’s terms and conditions. If we notify you of a price change and you do not want to continue your PRO Membership at the new subscription price, you can cancel your PRO Membership either: (i) before the start of the next subscription period; or (ii) at any time before the price change becomes effective by providing us with notice at email@example.com.
- You can cancel your PRO Membership before the end of the current subscription period and, unless we tell you otherwise, the cancellation will be effective at the end of the current subscription period. This means that if you are part of the way through a subscription period, you will be able to continue to use your PRO Membership until the end of the current subscription period. If you signed up for a PRO Membership through a third party (for example via one of our partners or via an app store) and wish to cancel your subscription, you will need to do so through that third party. For example, you may need to visit your account with a third party and turn off auto-renew for The Dyrt.
- Payments are non-refundable and there are no refunds or credits for partially used billing periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers. If we do this for any reason this does not mean we are obligated to do so again, even in the same circumstances. If you signed up for a PRO Membership through a third party (for example, via one of our partners or via an app store) and encounter any problems with billing or payments, please contact that third party in respect of any refunds or credits relating to your PRO Membership in accordance with that third party’s terms.
- PRO Membership Discounts: Your PRO Membership may be used to obtain posted discounts at any participating campground or business. See https://thedyrt.com/pro/discounts for an up to date list of participating campgrounds, businesses and rewards. Use of your PRO Membership constitutes your acceptance of the terms and conditions detailed on https://thedyrt.com/pro/discounts. Please note that additional terms and conditions may be imposed by participating campgrounds and businesses. You will be required to present your PRO Membership at the time of purchase or arrival in order to receive your partner reward. Your PRO Membership is non-transferable and may not be used by any other person.
- Disclaimer: Discounts for bookings at ELS properties are valid for The Dyrt PRO customers only. Offer valid for stays through 12/20/2020. Valid on all RV sites and rental accommodations. Valid for a minimum of 1 night and a maximum of 6 night stays. KOA locations are excluded. Subject to availability, advance reservations are required, valid on new reservations only. Taxes not included, holidays not included. Offer cannot to be combined with any other offers or discounts through ELS.
- User Published Content. User published Content does not represent the views of Company or any individual associated with Company, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Company’s endorsement of user published Content. Company does not vouch for the accuracy or credibility of any user published Content on the Services, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on the Services. Through your use of the Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Services, you assume all associated risks.
- Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access this website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services.
- Force Majeure. Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
- DISCLAIMERS. YOUR USE OF THE SERVICES ARE AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- LIMITATIONS OF LIABILITY. Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or otherwise using any aspect of the Services, including downloading any information from this website. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY LINKED THIRD PARTY SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES.
- Release. In the event that you have a dispute with one or more other users of the Services, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Services, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Services. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on or through the Services. Company has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Services infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Sarah Smith, The Dyrt Inc., 811 SE Stark St., Suite 400, Portland, OR 97214, email: sarah at thedyrt.com, phone: 971-266-3695.
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on this website that you claim is infringing, with enough detail so that we may locate it;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
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:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
- Entire Agreement. These terms and conditions are the entire agreement between you and Company and supercede any prior understandings or agreements (written or oral).
- Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2019, The Dyrt, Inc. ALL RIGHTS RESERVED.
- Additional Terms Regarding Campsite Reservations
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.
If you are a Campsite Owner, you have and will maintain, at your sole cost and expense, appropriate insurance policies for the Campsite that are sufficient to meet your obligations, including a commercial general liability policy. Please review the respective insurance policies carefully to make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Campsite Renters, and any injuries to such Campsite Renters (and the individuals the Campsite Renter has booked for, if applicable), while staying at your Campsite.
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.