General Terms and Conditions

1. Scope

• These Terms and Conditions govern the use of the “Elektro Camping” online platform and the related services provided by the platform operator.
• The platform enables camping vehicles to be listed, found, requested and booked between landlords and renters.
• Deviating terms of users apply only if the platform operator has expressly agreed to their application in text form.

2. Role of the platform operator

• The platform operator provides the technical platform, communication and booking functions, payment processing for rental price and security deposit, the document process as well as support and moderation functions.
• Rental agreements for vehicles are concluded exclusively between the respective landlord and the respective renter.
• The platform operator does not become the owner, holder, landlord, insurer or travel organiser of the vehicles offered.
• The platform operator does not owe successful rental and does not owe permanent availability of the platform.

3. Registration and user account

• Active use of the platform as a renter or landlord requires registration.
• Users must keep all requested information complete, truthful and up to date.
• Access credentials must be kept confidential. The user is liable, within the scope of statutory provisions, for misuse of their account for which they are responsible.
• The platform operator may require additional verification or security measures.

4. Listings, booking request and conclusion of contract

• Vehicle presentations on the platform generally do not yet constitute a binding offer by the platform operator.
• Unless expressly stated otherwise in the booking process, landlords do not yet submit a binding contractual offer with the listing.
• By submitting the binding, paid booking request via the portal, the renter makes a binding offer to conclude the rental agreement with the landlord.
• The rental agreement is concluded as soon as the landlord bindingly accepts this offer via the portal within the period provided for in the booking process.
• Before submitting the binding booking request, the renter is shown in particular the landlord name, landlord status as private or commercial, vehicle, rental period, total price, additional services, security deposit, payment plan, cancellation conditions and material usage or insurance restrictions.
• The button for submitting the binding booking request must be labelled in such a way that the payment obligation is clearly recognisable.

5. Due date, payment and consequences of missing payment

• The rental price due or the first instalment shown in the booking process becomes due immediately when the landlord accepts the binding booking request, unless a different due date is shown in checkout.
• Where the platform provides an instalment payment model, amount, due date and payment dates are displayed transparently before the booking request.
• If the required payment, authorisation or other cooperation by the renter does not take place within the period shown in the booking process or booking confirmation, the platform operator or the landlord may cancel, reverse or automatically cancel the contract in accordance with the platform rules.
• Further contractual or statutory claims remain unaffected.
• Payment processing is carried out via Stripe Connect or the respectively used payment service provider.
• The display of a return, success or confirmation page after a payment dialog does not yet constitute final payment confirmation. The technical confirmation by the payment service provider, which is processed automatically by the platform and assigned to the respective transaction, is decisive.

6. Prices, commissions and payouts

• The platform operator may charge a percentage commission, service fees or other transparently shown fees for brokered bookings.
• The platform operator may control, withhold, offset or reduce payouts to landlords in terms of timing in accordance with the payment and payout terms, insofar as this is necessary for contract processing, fraud prevention, due to chargebacks, open claims, damage, breaches or legal or payment-service-provider requirements.

7. Referral and promo programme

• Where the platform offers a referral or promo programme, users may receive referral remuneration in accordance with the requirements shown in the user account, in the booking process or in separate promo terms.
• Requirements may include in particular effective registration via a promo link, technical receipt of the first due rental payment or full payment, a payout-capable account and the absence of suspected misuse, payment disputes or open counterclaims. In the event of later cancellation, refund or chargeback, the platform may reclaim or offset the promo remuneration.
• A claim to payout arises only when the platform has confirmed the transaction as eligible for payout in technical and economic terms.
• The platform operator may reject, suspend, offset or reclaim promo remuneration in the event of self-referral, sham transactions, misuse, multiple registration, cancellation, refund, chargeback, lack of payout eligibility or other legitimate reasons.
• Promo remuneration is not consideration under the rental agreement between renter and landlord, but a separate platform service.

8. Paid platform subscriptions

• The platform may offer paid platform subscriptions, in particular for eCamp partners, commercial visibility functions or campsite entries.
• Price, term, scope of services, renewal and cancellation options are displayed before conclusion of the subscription.
• Subscriptions are generally activated only once the payment service provider has technically confirmed payment.
• Unless shown otherwise, subscriptions renew automatically for the displayed term if they are not cancelled before expiry of the respective term.
• Cancellation generally takes effect at the end of the current subscription period. A pro rata refund for the already running period is made only insofar as this is required by law or shown otherwise in the specific offer.
• In the event of failed payment, chargeback, misuse, breach of platform rules or lack of payout or verification eligibility, the platform may suspend, downgrade or deactivate the subscription service.

9. Security deposit

• Where a security deposit is provided for in the listing, it is collected via the platform as a separate payment flow distinct from the rental price.
• The platform may receive, manage, release in whole or in part, refund and, in the case of justified claims, retain security deposit payments and pass the released retained portion on to the landlord.
• The security deposit is not part of the rental price and is not automatically paid out with the regular landlord payout.
• Depending on payment method and payment service provider, the security deposit may be collected as an actual payment and later refunded in whole or in part. There is no claim that the security deposit will merely be reserved or authorised.

10. Obligations of landlords

• Landlords may list only vehicles that they are entitled to rent out.
• They must independently comply with all legal requirements for rental, in particular holder or ownership authority, roadworthiness, insurance cover, tax and information obligations.
• Landlords must immediately report defects, accidents, thefts, changes in availability or material changes to the listing.
• Hidden fees outside the transparently shown booking components are not permitted.

11. Obligations of renters

• Renters and additional drivers must hold the valid driving licence required for the respective vehicle and meet other listing or insurance requirements.
• Renters must treat the vehicle with care, comply with statutory provisions and report damage immediately.
• The renter is responsible for fines, tolls, parking fees, warnings and other use-related public charges attributable to their rental period.

12. Rental terms

• The rental relationship is additionally governed by the rental terms provided on the platform or shown in the listing.
• The landlord may use supplementary special terms only if these are clearly and transparently viewable before booking and do not conflict with mandatory law or these Terms and Conditions.

13. Reviews and user content

• Users may publish reviews and other content only truthfully, objectively and lawfully.
• The platform operator may block, remove or restrict the visibility of content if there are indications of legal violations, untruths, violations of personal rights, spam, circumvention attempts or abusive behaviour.

14. Prohibition of circumvention

• Users may not misuse the platform to deliberately circumvent the commission or booking mechanism after initiation via the platform, insofar as this is effectively agreed in the specific contractual relationship.
• In the event of circumvention attempts, the platform operator may block user accounts and assert claims in accordance with the agreements made.

15. DSA reports and content

• The platform operator provides an electronic reporting and complaint channel for illegal content and moderation decisions. As long as no separate reporting form is embedded in the respective content, the report can be made via the designated electronic contact point.
• For reports, reviews and measures, the DSA reporting and complaint procedure additionally applies.

16. Term, blocking and termination

• The user relationship runs for an indefinite period and can generally be terminated by users at any time, provided that no ongoing bookings or open obligations prevent this.
• The platform operator may temporarily restrict or permanently block user accounts if laws, these Terms and Conditions, security requirements, payment service provider requirements or third-party rights are breached.

17. Liability of the platform operator

• The platform operator is liable without limitation in cases of intent and gross negligence as well as for damage resulting from injury to life, body or health.
• In cases of simple negligence, the platform operator is liable only for breach of a material contractual obligation and limited to the damage typically foreseeable under the contract.
• Liability for content, breaches of duty, vehicle defects or other disruptions in performance arising from the rental agreement between landlord and renter is excluded, unless the platform operator has exceptionally breached one of its own duties.

18. Data protection

Personal data is processed in accordance with the separate privacy policy.

19. Amendments to these Terms and Conditions

• The platform operator may amend these Terms and Conditions with effect for the future where there is an objective reason, such as changes in law, changes to the platform model, security requirements, case law or changes to the payment service provider.
• Users will be informed of material changes in good time in an appropriate form.

20. Applicable law and dispute resolution

• German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection provisions of the consumer’s country of residence remain unaffected.
• The platform operator is neither obliged nor willing to participate in proceedings before a consumer arbitration board, unless there is a mandatory statutory obligation.

21. Final provisions

Should individual provisions of these Terms and Conditions be invalid in whole or in part, the validity of the remaining provisions remains unaffected.