Terms and conditions for the provision of services by CampDeck

 

§1 Definitions

1.      CampDeck CampDeck sp. z o.o. (a limited liability company) with its registered office in Sopot at ul. Obrońców Westerplatte 2-4/1, 81-706 Sopot, entered into the National Court Register – register of entrepreneurs kept by the Regional Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register, KRS number: 0000843498, NIP [Tax Identification Number]: 5851491302, share capital: PLN 20,000.00, e-mail address: info@campdeck.com.

2.      Guest – a person using the Website who does not have an individual User Account.

3.      Consumer – a consumer within the meaning of the Civil Code.

4.      User Account – a space assigned to the User in the Website's ICT system, in which User data is collected, within which the User obtains full functionality of the Website, including the possibility to publish Offers and make Reservations.

5.      Offer – the Owner's proposal of renting the Subject of Rental placed on the Website, which does not constitute an offer within the meaning of the Civil Code but does constitute an invitation for the Traveller to make contact in order to determine the possibility, terms and conditions of renting the Subject of Rental.

6.      Traveller – the Website User who uses the functionality of Reservation of the Subject of Rental through the Website.

7.      Subject of Rental – as selected by the Traveller: caravan/recreational vehicle, boat, aircraft, or a place at a camp-site or other accommodation (“site”), or another thing constituting the subject of the Offer.

8.      Booking Request – a request for the possibility of reserving the Subject of Rental in the period specified in the query and the rental conditions sent by the Traveller to the Owner through the Website, in response to the Offer published by the Owner.

9.      Reservation – reservation of the Subject of Rental for the Traveller made by the Owner in accordance with the conditions set by the Traveller and the Owner through the Website in response to the Booking Request.

10.   Website – the CampDeck website, available at https://campdeck.com.

11.   User – a natural person, a legal person or an organisational unit without legal personality, to which legal capacity is granted by law, registered at the Website as a User, both the Owner and the Traveller, or the Owner and the Traveller at the same time, depending on the Website functionality used by the User.

12.   Owner – a Website User who uses the functionality of publishing Offers relating to Subjects of Rental to which he/she holds a legal title, publishing Offers in connection with the business or professional activity he/she conducts (“Professional Owner”) or without any connection to that activity (“Private Owner”).

 

 

 

§2 General Information

1.      The Terms and Conditions set out the rules for the provision of electronic services by CampDeck, consisting in providing an Internet platform, in particular, enabling contact between the Owners and the Travellers in order to conclude a rental contract for the Subject of Rental, including establishing conditions for renting the Subject of Rental, by providing the Owner with the functionality of publishing Offers and making Reservations, and the Traveller with the functionality of sending a Booking Request.

2.      CampDeck provides the services referred to in subs. 1 free-of-charge.

3.      To use the Website, a device with a currently supported web browser ensuring correct handling of JavaScript and cookies and access to the Internet is necessary.

4.      In addition, an e-mail account is necessary to create a User Account, while to place and publish Offers, a mobile phone number is required to verify the Owner.

5.      The User bears the fees related to Internet access, in accordance with the tariffs of his/her telecommunications operator.

 

 

§3 Claims

1.      CampDeck is solely the provider of the Website which enables Users to establish contact with each other, which means, in particular, that it does not participate in activities aimed at concluding a reservation or rental contract for the Subject of Rental.

2.      CampDeck is not a party to any contracts concluded between the Owners and the Travellers by means of functionalities made available to the Users on the Website. In particular, CampDeck is not responsible for the Users' capacity to conclude and perform contracts and does not guarantee the performance of the contracts concluded by them.

3.      CampDeck is not liable for obligations arising from contracts concluded between Users, in particular, for non-performance or improper performance of these contracts or for any damage caused to the Subject of Rental.

4.      The Users are liable for the accuracy and legality of the content they publish on the Website.

5.      The Website may only be used to publish content in accordance with the European Union law, principles of social coexistence, good manners and the provisions of the Terms and Conditions.

6.      Dissemination of illegal content by Users on the Website is prohibited. By publishing the content on the Website, the User declares that the content is in accordance with the factual and legal status and that its publication will not violate anyone's rights. The User undertakes in particular:

a.      to publish information on the Website in accordance with the factual and legal status,

b.      to communicate with other Users via the Website with respect to the principles of social coexistence, good manners and mutual respect,

c.      not to take any action which may interfere with the Website or violate the rights of CampDeck or the Users.

7.      CampDeck reserves the right to refrain from publishing, to modify or delete any content published by Users on the Website in the event that the User publishes content which violates the principles of social coexistence, good manners, the provisions of generally applicable Polish law or the provisions of the Terms and Conditions. In particular, the content referred to in the previous sentence includes the following:

a.      content with vulgar or insulting language,

b.      content not related to the subject of services provided on the Website,

c.      content constituting a sequence of random words,

d.      content published as a result of using automated scripts,

e.      spam content,

f.       content violating the reputation and good name of CampDeck or the Website Users,

g.      content not related to the Subject of Rental or the contract concluded and performed in connection with the Offer published on the Website – in relation to comments and reviews published on the Website,

h.      content published by persons not authorised to perform legal actions in the name of the User and on his/her behalf.

8.      The Professional Owner declares that, when acting on the Website, he/she will comply with the provisions of law generally applicable in Poland (in particular, the Civil Code and the GDPR), and, in the case of concluding a rental contract with a Traveller who is a Consumer, he/she additionally undertakes to respect the Consumer's rights resulting from the provisions of law generally applicable in Poland.

 

 

§4 Registration and logging into the Website

1.      To obtain access to full functionality of the Website, the Guest should create a User Account. To create a User Account, the Guest should fill in the registration form available on the Website.

2.      Registration on the Website is voluntary and free of charge.

3.      Once the registration on the Website is completed, a contract for the provision of the User Account is concluded between CampDeck and the User on the rules set out in the Terms and Conditions; subject to subs. 5, the User may have only one User Account on the Website.

4.      Notwithstanding the registration on the Website, a User may publish Offers only after his/her e-mail address and telephone number has been verified through the Website.

5.      An entrepreneur willing to become a Professional Owner on the Website can commission CampDeck to make a registration in his/her name on the Website. For registration in the manner referred to in the previous sentence to be possible, CampDeck must be provided with the entrepreneur's e-mail address. The contract for the provision of User Account services between CampDeck and the User is concluded upon effective registration of the User Account by CampDeck, under the terms of Article 384 of the Civil Code, unless the Professional Owner objects to the conclusion of a contract in this manner. After the registration is completed, a password and a request to confirm the e-mail address will be sent to the e-mail address provided by the User, and subs. 4 shall apply. After the first logging in, the User should immediately change the password he/she has received from CampDeck in the place designated for this purpose on the Website (in the User profile).

6.      The User who is a Consumer may withdraw from the contract on individual User Account without the need to provide any reasons within 14 days from the conclusion of the contract. To exercise the right of withdrawal, CampDeck must be informed of the decision to withdraw from the contract by making a declaration to that effect. A declaration of withdrawal from the contract may be made, i.a. by using the form attached as Appendix 1 to the Terms and Conditions or by any other unequivocal declaration. The declaration should be sent to CampDeck's relevant address, depending on the way the Consumer chooses to make the declaration. For the deadline to be met, it is sufficient to send the declaration of withdrawal before the lapse of this period.

7.      When registering on the Website, the User declares that the data provided during the User Account registration are true and correct.

8.      The person authorised to perform activities on the Website for and on behalf of the Owner declares that he/she has been duly authorised to do so.

9.      The Users are obliged to refrain from disclosing their password to others and making their User Account available to third parties.

10.   The contract for the provision of individual User Account services is concluded by CampDeck and the User for an indefinite period of time, subject to the provisions of the Terms and Conditions.

11.   The User may terminate the contract referred to in this section at any time, with immediate effect. To terminate the contract referred to in the first sentence, the User should send a declaration with the relevant content to CampDeck's e-mail address: info@campdeck.com or use the appropriate functionality on the Website.

12.   The contract for the provision of the User Account services is terminated upon the removal of the User Account from the Website.

13.   In the event of a serious violation of the Terms and Conditions, CampDeck will temporarily limit the User's ability to use the functionality of publishing Offers and sending Booking Requests and will call on the User to remedy the violation within 7 days under pain of termination of the contract for the User Account service. If the violation is remedied within 7 days of order receipt, CampDeck will lift the restrictions relating to the functionality referred to in the previous sentence.

14.   In the event of a repeated serious violation of the provisions of the Terms and Conditions or failure to remedy the violation within 7 days of receiving the order referred to in subs. 13, CampDeck will terminate the contract for the provision of User Account services with immediate effect and for this purpose will delete the User Account.

 

 

§5 Publishing Offers

1.      As part of the Website, CampDeck provides the Owner with the functionality of publishing Offers.

2.      Publication of Offers on the Website is voluntary and free of charge.

3.      To publish an Offer, the Owner should fill in the appropriate form on the Website.

4.      In the event that the Owner does not carry out the self-verification referred to in §4 (4), CampDeck may, at its own discretion, contact the Owner to confirm the e-mail address and telephone number provided by the Owner during registration. After successful verification of the Owner, the Offer publication functionality will be fully activated and the Offers will be available on the Website.

5.      The Offers published on the Website do not constitute offers within the meaning of the Civil Code, but only an invitation on the part of the Owner to start negotiations with him/her.

6.      By publishing the Offer, the Owner declares that he/she holds the legal title to the Subject of Rental. CampDeck is not liable for the consequences of the fact that the Owner does not hold the title to the Subject of Rental published on the Website.

7.      The Offer should comply with the requirements specified in the Rules of creating Offer descriptions.

8.      The Owner is not entitled to include his/her contact data in the content of the Offer (including telephone number and e-mail address), nor to make them available through photographs and videos published in the Offer. The Users may contact each other only through the Website, using the internal communication system referred to in §7.

9.      If the contact details of the Owner are included in the Offer (including in the form of photographs or videos), CampDeck has the right to remove them, or delete the entire Offer, at CampDeck's discretion.

10.   The Owner declares that the price of the Subject of Rental specified in the Offer is not higher than the prices which the Owner applies on platforms of a character similar to the Website or in other places through which he/she offers the rental of the Subject of Rental.

11.   In the event that the Offer violates the Terms and Conditions (including the Rules of creating Offer descriptions), CampDeck reserves the right to:

a.      refuse to publish the Offer on the Website,

b.      modify the Offer in order to adapt it to the requirements indicated in the Rules of creating Offer descriptions,

c.      remove the published Offer from the Website.

12.   The Owner may publish an unlimited number of Offers on the Website through his/her User Account, with the reservation that one Offer may apply to only one Subject of Rental, and each Subject of Rental may be published in the Website only once at a time.

13.   Modifying the Offer is allowed as long as the modification does not lead to a change in the Subject of Rental.

14.   It is forbidden to publish photographs and videos not related to the Subject of Rental, in particular those violating the rights of other persons, good manners or including promotions of products or services of another User or third party.

15.   By publishing the Offer, the Owner guarantees and declares that the Subject of Rental meets all technical standards and holds the necessary technical tests required by the law.

16.   CampDeck may, at its own discretion, undertake promotional activities with respect to specific Offers or groups of Offers, and for this purpose CampDeck may use the contents of the Offers, including the photographs posted therein.

17.   By publishing any content on the Website, the Owner declares and warrants to CampDeck that he/she holds all necessary rights, including copyright or licences, and consents (including consent to the use of images, if any) to the publication of such content on the Website, and undertakes to grant CampDeck the rights referred to in this section.

18.   By publishing any content on the Website, the Owner grants CampDeck a licence to use such content – including photographs, videos or other types of material – in particular for CampDeck's marketing activities aimed at promoting the Website on or outside the Website. The Licence includes, in particular, CampDeck's right to use the content on the Internet, in print or any other visual or audio-visual communication.

19.   The Owner declares that CampDeck's use of the content under the Licence will not infringe third-party the rights.

20.   The Licence to use materials published by the Owner on the Website is granted to CampDeck free of charge, indefinitely and without territorial limitations, with the right to sublicense or transfer the licence to another entity.

21.   Termination of the licence by the Owner is possible on condition that the Owner removes these materials from the Website. Termination of the licence does not affect CampDeck's rights to use previously produced material.

 

 

§6 Reservation on the Website

1.      The Traveller may make a Reservation as part of using the Website.

2.      In case of interest in the Offer, the User determines – through the form available on the Website – his/her preferences concerning a possible Reservation, i.e. the rental period and the number of Travellers. The reservation details, including arrangements concerning the terms and conditions of renting the Subject of Rental, are determined individually by the Owner and the Traveller. The reservation or rental contract is concluded between the Owner and the Traveller upon confirmation of all terms and conditions of renting the Subject of Rental.

3.      The Owner may condition the conclusion of the rental contract on whether a certain amount is paid by the Traveller as a deposit, down payment or advance payment within the period indicated by the Owner. In such a case, the conclusion of the rental contract between the Owner and the Traveller takes place upon the payment of the deposit, down payment or advance payment made by the Traveller.

4.      Reservations made through the Website are binding. Reservation confirmation constitutes the basis for making the Subject of Rental available on the terms and conditions set out by the Owner and the Traveller before the Reservation is made. From that moment on, the Subject of Rental will be unavailable for other Users throughout the period covered by the Reservation.

5.      Apart from the fee for the rental of the Subject of Rental, the Owner will not charge the Traveller with any other costs or fees not agreed upon with the Traveller and not previously accepted by the Traveller. Additional costs, resulting from additional services offered by the Owner, should each time be indicated by the Owner and agreed upon with the Traveller prior to their order by the Traveller.

6.      For the period of rental, the Users agree among themselves on the insurance conditions of the Subject of Rental, taking into account in particular: the nature of the use of this Subject of Rental, the country in which the Subject of Rental will be used, as well as generally applicable provisions of law. Particular attention should be paid to the obligation to insure the Subject of Rental against civil liability (Third Party Insurance). In the event that there is no proper insurance referred to in the previous sentence, the Traveller should refrain from performing the rental contract until the current and applicable policy or other document confirming that the Owner has mandatory insurance is presented to him/her.

7.      At CampDeck's request, the Owner may be required to submit a document confirming the right to rent the Subject of Rental (e.g. proof of ownership).

8.      The Owner and the Traveller are responsible for the implementation of the rental contract. CampDeck recommends that the Traveller should not make any payments to the Owner until the Subject of Rental has been verified by the Traveller for the accuracy and reliability of the information provided in the Offer. In case the rental contract is concluded with a Professional Owner, CampDeck recommends that payments should be made after verification of the Professional Owner in the Register of Entrepreneurs of the National Court Register or in the database of entrepreneurs of the Central Registration and Information on Business (depending on the form of business or professional activity conducted by the Owner) and the bank account number specified by the Professional Owner, through the so-called white list of VAT taxpayers, available at: https://www.podatki.gov.pl/wykaz-podatnikow-vat-wyszukiwarka.

 

 

§7 System of reviews and comments; internal communication

1.      The Users may use the functionality which enables internal communication on the Website (“Messages”).

2.      The content of the Messages is available in the User Account.

3.      Within the Website, the Users have the possibility to post subjective reviews and comments concerning the performed contracts (e.g. in terms of compatibility of the Subject of Rental with the description in the Offer or the contract concluded between the Traveller and the Owner). The content of reviews and comments published on the Website is visible to other Website Users.

4.      Posting reviews and comments will be possible after the rental contract has been performed.

5.      CampDeck is not liable to the User for the actions of another User taken in connection with the Website, and in particular, for the content of reviews or comments given to the User.

6.      If a comment violates the Terms and Conditions, CampDeck may remove the comment from the Website, informing the User about that fact.

 

 

§8 Liability

1.      In the event that the User's actions on the Website violate the provisions of the Terms and Conditions or the provisions of law generally applicable in Poland, CampDeck may:

a.      issue a warning to the User, which may result in suspension of the User Account or limitation of access to particular functionalities of the Website until the violation is removed, and, if the violation is not removed within 14 days, remove the Account,

b.      delete the User Account in the case of a Professional Owner,

2.      The User is fully liable for his/her actions or omissions related to the use of functionalities made available by the Website.

3.      CampDeck's liability towards Users who are not Consumers is limited exclusively to wilful misconduct, up to a maximum of eight tenths of the average gross salary in the business sector.

4.      The Website is not liable for the lost profits of Users who are not Consumers.

5.      CampDeck's liability is excluded for Users who are not Consumers in the event of force majeure (e.g. failure of computer hardware, servers, computer software).

 

 

§9 Complaints

  1. Complaints concerning the functioning of the Website should be sent to the following e-mail address: info@campdeck.com.

  2. CampDeck will respond to a complaint within 14 days from its receipt.

 

OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM

3.      If the complaint procedure fails to bring the expected result, a User who is a Consumer may use, i.a.:

a.  The assistance of a competent European Consumer Centre of the EEC-Net. Such Centres provide Consumers with information about their rights and assist them in solving individual problems with cross-border transactions. The assistance of Consumer Centres is free-of-charge by default. A list of Consumer Centres competent for each country can be found at: http://www.konsument.gov.pl/pl/eck-w-europie.html;

b. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=E.

  1. Furthermore, the following support options are available in the Republic of Poland:

a.      mediation conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595;

b.      free-of-charge assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address:

https://www.uokik.gov.pl/wazne_adresy.php#faq596;

c.      free-of-charge assistance of a municipal or poviat consumer advocate;

d.      Online Dispute Resolution (ODR) available at: http://ec.europa.eu/consumers/odr/.

 

 

§ 10 Personal data

  1. CampDeck is the Controller of personal data provided by Guests and Users in connection with the Website. Detailed information regarding the processing of personal data by CampDeck – including the other purposes and the basis of data processing, as well as data recipients – are available in the Privacy Policy of the Website – due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”.

  2. The purpose of processing the data of Guests or Users by CampDeck, provided by Users, depending on their actions, is to provide the services referred to in §2 (1) of the Terms and Conditions. The basis for the processing of personal data in this case is:

    • contract for the provision of the individual User Account service or actions taken at the request of the User aiming at its conclusion (Article 6 (1) (b) of the GDPR),

    • CampDeck's legal obligation related to accountancy (Article 6 (1)(c)) and

    • CampDeck’s legitimate interest consisting in the processing of data for the purposes of the establishment, exercise or defence of legal claims (Article 6 (1) (f) of the GDPR),

  3. Providing data by the Website User's is voluntary, but at the same time it is necessary if a contract is to be concluded. Failure to provide the data will make it impossible to conclude the contract and perform the service by CampDeck.

  4. The User's or Guest's data provided in relation to the service performance will be processed until:

    • the contract between CampDeck and the User expires;

    • CampDeck ceases to be legally obliged to process the User's data;

    • the possibility of making claims by Website Users or CampDeck ceases to apply, especially in connection with the concluded contract;

    • the Website User’s objection against the processing of his/her personal data is accepted – if the basis for data processing was a legitimate interest of CampDeck

– depending on whichever is applicable in that case and whichever is later.

  1. The User and the Guest have the right to:

    • access his/her personal data,

    • change them,

    • erase them,

    • restrict their processing,

    • demand the transfer of data to a different controller, and the right to

    • object at any time to the processing of data for reasons related to the User's or Guest’s specific situation – for reasons attributable to his/her particular situation – regarding the processing of his/her personal data in accordance with Article 6 (1) (f) of the GDPR (i.e. based on the legally justified interests performed by the controller).

  2. To exercise their rights, the Website User should contact CampDeck by e-mail to the address: privacy@campdeck.com.

  3. If the User finds that his/her data is being processed unlawfully, the User may submit a complaint to the President of the Personal Data Protection Office.

  4. Detailed information regarding the terms and conditions of processing personal data of Guests and Users is specified in the Privacy Policy, available at https://campdeck.pl/polityka_prywatnosci.

 

 

§ 11 Amendment of the Terms and Conditions

1.   CampDeck reserves the right to change the Terms and Conditions, for substantial reasons only. As substantial reason is understood as a need to amend the Terms and Conditions made due to:

a.      adjusting the Website to the legal regulations affecting the services provided through that Website; 

b.      improving safety of the provided services; 

c.      changing the functionality of the Website; 

d.      increasing the competitiveness of the Website; 

e.      changing maintenance costs of the Website. 

2.   Information about the planned changes in the Terms and Conditions will be sent to the User’s e-mail address at least 7 days before the changes enter into force.

3.   If the User fails to object to the planned changes by the time they enter into force, he/she will be deemed to have accepted them.

4.   If the User objects to the planned changes, he/she should delete his/her User Account. Deletion of the User Account is tantamount to the termination of the contract for the provision of the individual User Account service.

 

§ 12 Final provisions

1. By registering on the Website, the Professional Owner gives its consent to the use of its company name and logo on the Website and in CampDeck's activities aimed at promoting the Website on and outside the Website, by indicating the User as an entity using the Website or its particular functionalities.

2. Appendix 1 to the Terms and Conditions constitutes an integral part thereof.

3. The User is obliged not to disclose information about other Users and CampDeck he/she has obtained in connection with the use of the Website to third parties, in particular the commercial use of the information is prohibited.

4.    In the case of Users who are not Consumers, the Polish law is the applicable law in matters related to the Terms and Conditions (including the provided services). 

5.   If any provisions of the Terms and Conditions would lead to restriction of the Consumer's rights under applicable mandatory provisions of law (including those applicable under the Rome I Regulation), the use of which may not be limited or excluded in relation to the Consumer – the provisions of these Terms and Conditions shall not apply to Users who are not Consumers.        

6.   Any disputes with Users who are not Consumers will be submitted to the court competent for CampDeck's registered office.

 

 

 

Appendix 1 to the Terms and Conditions

Below you will find a template statement of withdrawal from the contract which a Consumer may use. 

 

 

TEMPLATE STATEMENT OF WITHDRAWAL FROM THE CONTRACT

(this form should be filled in and sent only in the event when one wishes to withdraw from the contract)

 

[…]

 

- I/We hereby inform (*) about my/our withdrawal from the contract for an individual User Account (*):

 

.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

 

- Date on which the contract was concluded .................................................................................................................................................................................................................................................................................................

- Name and surname of the Consumer: .....................................................................................................................................................................................................................................................................................................................................

- Address of the Consumer: ......................................................................................................................................................................................................................................................................................................................................

 

 

.............................................................................................

Signature of the Consumer

(only if the declaration is sent in paper form) 

 

 

Date ............................................

(*) Delete as appropriate.