WayCamper is a web platform, accessible at the address www.waycamper.com, having its head office located 1 rue de l’avenir 5360 Natoye in Belgium and whose company number is …
The said platform is dedicated to the publication of ads by renters to campers with an account (the “User(s)”) by allowing them to create and publish online, under certain conditions, their profile and to make contact.
The object of the present General Conditions is to define the terms and the conditions governing the relations between the Users and WayCamper. These Conditions constitute a contractual agreement for an indefinite duration as from the acceptance by the User of the present Contract.
By clicking on ” Register on WayCamper “, the user recognizes to have taken knowledge of the Conditions and accepts to be bound by the present dispositions.
Section 1 : Registration to the Site
Definition of Key Terms
Unless defined in other sections of this Agreement, the terms and expressions beginning with a capital letter used below have the following meaning:
- “Advertisement” means an Internet post containing information put online on a dedicated page of the Website platform by the Renter;
- “Camper” means any User wishing to rent a garden/land in order to camp
- “Camping” refers to the leisure activity consisting in the temporary use of a transportable shelter temporarily established on a plot of land by a camper, equipped with equipment allowing him/her to perform the essential acts of daily life
- “Renter” refers to any User publishing an ad on the site relating to the rental of his land which he has full use of
- “Garden/Land” means any private plot of land that the Renter has full use and enjoyment of.
Creation of an account
The creation of a member account on WayCamper is a compulsory prerequisite to the use of the site. It supposes to complete the registration form, available on the Site, by supplying exact, up to date and complete information.
This information will have to be, thereafter, the object of regular updates by the User in order to preserve their exactitude. The User must choose a user name consisting of a valid email and a password and must provide the following information: his first and last name. The access codes to the User account are strictly confidential.
Each User agrees to create only one account corresponding to his profile. Or two accounts, one as a renter, the other as a camper.
The creation of an account allows the User to access the following services (the “Service(s)”):
- creation and update of a User profile (Camper);
- publication of advertisements for the rental of Land and search and contact with Users who have published an advertisement for the rental of Land.
Section 2 :Reservation terms and conditions
Payment of the rental
In the event that a Camper wishes to reserve a garden via the Site, the payment of the indicated rate is made exclusively online on the Site, by means of various means of payment in the name of the said Camper. (PayPal, Visa, MasterCard, BanContact)
WayCamper collects a commission of 20% on the whole of all the reservations whatever the amount of this one. This commission is due by the camper and added to the price fixed by the renter for each rental.
The camper is bound by his reservation as soon as he has “paid” AND the rental company has “accepted” his request. In the event that the lessor has “declined” the reservation request, the reservation is cancelled and the payment is fully cancelled or refunded.
The recipient of the payment is the hirer who has mandated WayCamper to issue in his name and for his account an invoice of which the totality of the sums is paid to the Hirer after deduction of the commissions of WayCamper due by the Hirer and the Camper in accordance with the established conditions and of the possible bank charges. An invoice will also be issued to the Camper by WayCamperr in its own name concerning the payment of the commission due by the Camper. The automatic registration systems are considered as proof of the nature, content and date of the reservation.
WayCamper confirms to the Camper the acceptance of his reservation by sending a message of confirmation to the e-mail address that this last will have communicated.
WayCamper reserves the right to refuse or to cancel any reservation of a user in particular in case of insolvency of the aforementioned Camper or in the hypothesis of a default of payment of the concerned reservation or of a dispute relative to the payment of a previous order.
The mentions indicated by the Camper, during the seizure of the information inherent to his reservation engage this one. WayCamper could not be responsible for the errors committed by the users in the wording of the fields to complete to realize a reservation.
Cancellation of a reservation and refund conditions
Once the renter has “Accepted” a reservation request, either the renter or the camper has the possibility to cancel or change the reservation until the defined arrival day, at the latest.
For the camper, a reservation is officially cancelled when the status of the reservation shows “Cancelled”.
For the renter, a reservation is officially cancelled when the status of the reservation shows “Cancelled”.
If the cancellation or modification is made before or up to the scheduled arrival day (24 hours) before check-in, the rental amount is fully refunded to the Camper (including commission). If the cancellation request is made after the scheduled arrival date or if the camper does not show up, no refund will be given.
Section 3 : Use of the Site’s Services
Right of access to the Site
WayCamper, according to the present conditions, grants to the users a limited right of access and strictly personal. Any use contrary to the purpose of the site is strictly forbidden and constitutes a breach of the present provisions. The use of the Site requires a connection and an Internet browser. In order to guarantee a good functioning of the Site
WayCamper reserves the right to suspend, to modify, to replace, to refuse an access or to delete at its own discretion Users’ accounts.
Obligations of Users
Users shall not:
- to transmit, publish, distribute, save or destroy any material, in particular the contents of WayCamper, in violation of the laws or regulations in force concerning the collection, treatment or transfer of personal information ;
- create fictitious profiles;
- to provide inaccurate information in the form or not to update them regularly;
- to disseminate data, information or content of a defamatory, insulting, obscene, offensive, violent or inciting to violence nature, or of a political, racist or xenophobic nature, and in general any content that is contrary to the laws and regulations in force or to good morals;
- to reference or create links to any content or information
- obtain passwords or personal identification data from other users
- to sell, exchange or monetize information, contents or any data present on the Site or Service proposed by the Site, without the express and written agreement of WayCamper;
- to delete or modify any element published by another person or entity subject to the possibilities offered by the site notably within the framework of the invitation of a new contact;
- reverse engineer, decompile, disassemble, decrypt or otherwise attempt to obtain source code in connection with any underlying intellectual property used to provide all or part of the Services
- endanger or attempt to endanger the security of any WayCamper website. This includes attempts to monitor, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior authorization;
- infringe or use products, logos, trademarks or other intellectual property rights
- to disrupt or disturb, directly or indirectly, WayCamper or the services
It is reminded that the violations of the security of the system or the network can lead to civil and penal proceedings. The users commit themselves to use the site in a loyal way, in accordance with its professional finality and with the legal, regulatory provisions, with the present Conditions and with the uses in force.
Section 4 : Use of the content of the Site
The whole content of the Site, notably the designs, texts, graphics, images, videos, information, logos, icons-buttons, softwares, audio files and others belongs to WayCamper, which is the only owner of the entirety of the intellectual property rights related to it. Any representation and/or reproduction and/or partial or total exploitation of the contents and Services proposed by WayCamper, by any process whatsoever, without the preliminary and written authorization of WayCamper, is strictly forbidden and would be likely to give place to legal proceedings.
Section 5 : Personal data
All the data of personal character which WayCamper has are collected legally and loyally. These data are provided by the users who accept, by creating an account on the site, in a voluntary and express way the present conditions authorizing WayCamper to treat these data. They are used in order to allow the user to take full advantage of the services and the functions proposed by the Site.
The user always remains the owner of the information concerning him/her that he/she transmits to the platform. In accordance with the law n° 78-17 of January 6, 1978 modified by the law n° 2004-801 of August 6, 2004, he has a right of access, rectification and deletion of personal data concerning him, as well as the right to oppose the communication of these data to third parties for just reasons. The User may exercise these rights by writing to the following e-mail address: firstname.lastname@example.org or to the following postal address: . A reply to the User’s request will be sent within 30 days.
Section 6 : Responsibility
WayCamper doesn’t control the accuracy of the content generated by the users, consequently, WayCamper doesn’t give any guarantee on the content of this content and would be in no case responsible for this content. Only the user, is responsible of all data and information concerning him that he provided, that these data are accessible or not of the public, and more generally, the user is only responsible of the use that he makes of the Site. WayCamperr does not have a general obligation of surveillance of the data and the content provided by the members, nor an obligation of suppression of a content which would not appear obviously illicit
WayCamperr does not guarantee the legality of the activity proposed by the hirer in his garden/ground notably via the site, nor the use of this ground by the xamperer. Consequently, it is up to the users to make sure of the legality of the project of camping or other that they consider and to organize the legal and financial conditions of their relations for which they will be the only responsible.
WayCamper would not know in no case to be held responsible in particular:
- the consequences of the virtual or real meetings between users following the use of the Site;
- of the legality of the ads published on the Site;
- any prejudice resulting from a fault of the user, or from an event attributable to a third party unrelated to the provision of the electronic signature service, or from a case of force majeure.
For all the services proposed on the site, WayCamper would not know in any case to have the quality of land renter, the role of WayCamper being limited to the facilitation of meetings between the renters (host) and the campers. More generally, WayCamper remains third to the acts concluded by the users via the site, and would not be responsible for the consequences of such acts in some title that it is. It is up to the user to take all the necessary measures in order to preserve the property of his data.
WayCamper does not guarantee the functioning without interruption or without error of functioning of its services, in particular WayCamper would not know how to be engaged in case of interruption of access to the site because of operations of maintenance, updates or technical improvements. WayCamper is not responsible for any delay or non-execution of the present contract justified by a case of force majeure.
Section 7 : Cancellation
User may terminate this Agreement at any time by visiting the Site and following the procedure provided there. WayCamper reserves the right to restrict, suspend or delete, without notice or refund, the account of any user who misuses or is inappropriate with the services. The assessment of behavior is reserved to WayCamper’s judgment.
Section 8 : Disposition and proofs
The systems and computer files are proof in the relations between WayCamper and the User. So, WayCamper will be able to produce validly in the frame of any procedure.
The present contract constitutes the entirety of the agreement between WayCamper and the user. It cancels and replaces any previous agreement and contract, written or verbal. If any provision of the Agreement is or becomes illegal or unenforceable, it will not affect the validity or enforceability of any other provision of the Agreement.
WayCamper reserves the right to modify, supplement or replace these terms and conditions. In case of refusal of the user of the new provisions, it is reminded that the user can at any time terminate the present contract.
Section 9 : Regulation of the disputes
The conclusion, the interpretation and the validity of the present contract are governed by the French law, whatever the country of origin of the user or the country from which the User reaches WayCamper and notwithstanding the principles of conflicts of laws.
The parts accept to submit, in case of dispute susceptible to occur at the time of the interpretation and/or of the execution of the present or in relation with the present site and/or any purchase and/or attempt of purchase by its intermediary, to a procedure of conventional mediation or any other alternative mode of settlement of their disputes.
Section 10 : Coupons and promo codes
Only the members of the site having a personal space can benefit from a discount coupon. A coupon is a credit note to be inserted at the time of payment of the trip. It is neither exchangeable, nor refundable, nor transferable. The member can only use one coupon at a time and will have to pay the difference between the total amount of the trip and the face value of the coupon.
The discount vouchers can have special conditions of use, as mentioned on the communication supports diffused by WayCamper, such as
– A minimum purchase amount
– A specific expiration date
– A specific code
Obtaining a discount coupon
A Customer can obtain a Discount Coupon:
– Within the framework of promotional operation organized by WayCamper or its partners, within the limit of one discount voucher per person and per household. Any attempt to circumvent this limitation will lead to the irrevocable closing of all the accounts of the customer as well as the prohibition to open a new account. WayCamper reserves the right to ask for the refund of the amounts of unduly obtained and used Coupons and to engage legal proceedings in case of refusal.