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Terms of Service for Campers (B2C)
Minganelli Investments Limited (“UndrSky.com” or “We”, etc.) provides information and services related to leisure activities for people looking for a campsite for a specific date or period of time (“campers” or “You”, etc.).
Unless expressly excluded, all services provided by UndrSky.com are provided exclusively on the basis of these General Terms and Conditions; regardless of how, directly or indirectly (i.e. via third parties) these are offered (e.g. via the Internet, mobile devices of any kind, by email, in writing or by telephone).
The legal relations of UndrSky.com with the providers of campsites, pitches, mobile homes, villas, campgrounds and other service providers (“site operators” or “service providers”) are regulated separately (B2B) and are excluded from the scope of these General Terms and Conditions.
II. Type and scope of our services
The information we use to describe the items and leisure activities (“pitches, mobile homes, villas”) on our websites and apps (including prices, fees, terms and conditions and availability) is based on the information provided to us by the respective site operators. The correctness, accuracy and completeness of such information cannot be guaranteed by UndrSky.com. We are also not liable for errors (including obvious errors or misprints), interruptions (through a temporary and / or partial failure, repair, update or maintenance on our website or for any other reason), inaccurate, misleading or untrue information or the failure to provide information.
UndrSky.com itself does not offer any pitches or other accommodation units or any other travel services, but acts in this regard only as a broker. The brokerage is carried out for the guest as part of an agency contract (“brokerage agreement”), provided that a direct booking is made via our websites and / or our apps (see III.). The object of a brokerage agreement concluded with us is exclusively the careful brokerage of contracts between guests and site operators in the context of availability (= offer of the site operator) and booking (= acceptance of the offer by the guest) as well as the related booking and down payment processing.
The contract of a guest regarding a booked accommodation unitor service always comes about directly with the respective service provider or site operator. Please note in this context that each site operator sets his own business and / or contract conditions on which UndrSky.com has no influence and for which we are therefore not liable.
III. Direct Booking at UndrSky.com
1. Conclusion of the contract
If you want to book directly at UndrSky.com, you will be asked for your travel dates (arrival / departure) after selecting the desired accommodation . Thereafter, you have to select the type of accommodation unit you want. In the following window – under the respective estimate of the individual prices – concrete information on the number of travelers and any desired extras (e.g. power supply) can be entered. The next step is to enter your required personal data. The fields marked with “*” are mandatory and must be filled in completely and correctly so that the booking can continue. Here, you also have the option of providing additional information and sending a message to the site operator. After entering the data, you will receive an overview of “your data” entered during the previous booking process and the prices based thereon. Please check the information carefully to make sure it is correct and complete! UnderSky.com assumes no liability for incorrect information provided (e.g. an incorrect email address, which can lead to considerable problems with the booking process).
(Only) by clicking on the “Go to final step” button, a legally binding contract is concluded between you and the site operator. The guest and the site operator will automatically receive an email from UndrSky.com with the booking request information to the respective email addresses provided. The text of the contract is stored by UndrSky.com.
After receiving the booking request information from the guest’s side, we make a booking at our partner’s systems. All the booking confirmations are directly provided from the Camp’s side and the confirmation or rejection of the booking should be provided not longer than 36 hours after guest’s request.
All the payment should be accepted only at Camp’s side or Camping representative.
2. Payment terms / down payment
Insofar as the site operator doesn’t requests a down payment, the amount of which determines by the Camping rules of each company represented on a platform. Payment is always done in the currency of the accommodation unit. If the payment method of the customer is in a different currency, a conversion fee will be charged by the service providers.
UndrSky.com doesn’t accept full responsibility for the intended transaction of all payments made through the partners solutions, including any claims for refunds, credits, cancellations and chargebacks, and is committed to mediate any such disputes between the guest and the partner as operator. For complaints and claims in connection with the payment made by the guest via these partners platform, we are not the first line of support. In the case of chargebacks, we provide the necessary information to our partner on behalf of the party concerned, with the partner operator having any further claims reserved.
3. Prices for accommodation and services
The accommodation prices stated in the booking confirmation are guaranteed by the respective service provider. The payment of the booking price has to be done – insofar as this has not already been covered with the down payment by the guests on site and directly to the service providers. In this respect, the payment terms of the respective service provider always apply.
Not all prices for the booked services are final.
Depending on a service providers rules and terms:
may not be included. According to this, the camping page and checkout page should provide the full information about what should be in total amount and the additional charges that can occur from service providers.
4. Changes and cancellations
All desired changes and cancellations must be handled directly with the site operator. The corresponding contact details (e-mail address) can be found on the booking confirmation.
All the terms and conditions of cancellations rules and fees are provided by our partner’s side (service providers) and available at checkout page of each property.
UndrSky.com is not liable for defects and damages incurred by the guests in connection with the services offered by the service provider. In particular, UndrSky.com assumes no responsibility for the service descriptions and classifications issued by the site operators and for any performance disruptions in the contractual relationship existing between the guests and the site operator.
In case of breach of essential contractual obligations (from the broker agreement) the liability of UndrSky.com is limited to the contractually typical, foreseeable damages, if these were simply caused by negligence, unless it concerns claims for damages of the guest regarding injury to life, body or health.
Other claims for damages are in principle excluded from UndrSky.com, as far as and insofar as other damages are not based on an intentional or grossly negligent breach of duty by UndrSky.com or its vicarious agents.
Site operators act on their own responsibility and are not vicarious agents of UndrSky.com. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract (namely the brokerage of pitches).
V. Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchases or service contracts involving a consumer.
UndrSky.com is neither obliged nor willing to participate in a dispute settlement procedure before a consumer dispute resolution office.
Imprint & Place of Jurisdiction
Minganelli Investments Limited
Address: Leontiou 159, Maryvonne Building, 3rd floor, Office 302,
3022, Limassol, Cyprus
Registration number: HE265315
Terms of Service for Campsites (B2B)
Minganelli Investments Limited (“UndrSky.com” or “We”, etc.) provides information and services related to leisure activities for people looking for a campsite for a specific date or period of time (“campers”). The services offered by UndrSky.com (including the booking and payment processing) are available to guests only for their private and non-commercial use. The General Terms and Conditions for guests(B2C) apply between guests and UndrSky.com.
UndrSky.com offers providers of camping sites, pitches, mobile homes, villas, campgrounds (“accommodations”) and other commercial service providers (“site operators” or “users”) the opportunity to use the online marketplace and portal through the websites www.undrsky.com and its associated apps and sub-sites (hereinafter referred to as: “marketplace”) in accordance with these General Terms and Conditions for campsites (B2B).
Unless expressly excluded, all services provided by UndrSky.com to the site operator are provided exclusively on the basis of these General Terms and Conditions for accommodation (B2B); regardless of how, directly or indirectly (i.e. via third parties) these are offered (e.g. via the Internet, mobile devices of any kind, by email, in writing or by telephone). Deviating provisions from these General Terms and Conditions shall only apply if they are confirmed by UndrSky.com in writing or in text form. With the application for admission according to 3, the site operator accepts these General Terms and Conditions for campsites (B2B) as a binding part of the contract with UndrSky.com.
Changes to these Terms and Conditions will be notified to the site operator by UndrSky.com in writing or in text form.
2 Type and scope of our services
The marketplace is a platform for guests and for providers of camping site
The services provided by UnderSky.com to the site operator include, amongst others: – Providing a portal for the exchange of information with an online marketplace – Facilitating booking requests – Integration of industry-specific management systems ( PMS) – Procurement and administration of online bookings – Marketing on social networks through UndrSky.com (social media packages) – Linking of UndrSky.com on their own website Establishment of information and communication opportunities (including evaluations) among users or contracting parties as well as consulting and support services for site operators through a separate agreement with UndrSky.com.
UndrSky.com itself does not offer any accommodations or any other travel services, but acts in this regard only as a broker. The brokerage is carried out for the guest as part of an agency contract (“brokerage agreement”), provided that a direct booking is made via our websites and / or our apps (see III.). The object of a brokerage agreement concluded with us is exclusively the careful brokerage of contracts between campers and site operators in the context of availability (= offer of the site operator) and booking (= acceptance of the offer by the guest) as well as the related booking and down payment processing.
The contract of a guest regarding a booked accommodation or service always comes about directly with the respective service provider or site operator. Please note in this context that each site operator is responsible for his item and / or service descriptions and must set up his own business and / or contract conditions for which we assume no liability.
3 Obligations of the site operator
The site operator must ensure that the information provided by him in the marketplace is accurate and does not violate the rights of third parties. In particular, the services offered by him in words, pictures and / or videos must be described correctly and completely. All characteristics and features essential to a booking as well as any impairments or defects must be stated truthfully. The description of the item and the images and videos used here may refer exclusively to the services offered. It is the responsibility of the site operator to ensure that his offers and content (especially images and other information) are accurate and do not violate third party rights. It is forbidden to offer or promote goods or services on the marketplace that violate third-party rights, legal regulations or accepted principles of morality or to use copyrighted material without the corresponding authorization.
Services, which are allowed to be offered only upon production of proof required by law, may only be offered and inquired about on the marketplace if the proof was included in the description of the goods or services and they are only delivered against production of proof required by law. Site operators who offer goods or services to consumers in the course of their commercial or independent professional activity are obliged to provide them with the legally required consumer protection information and to inform them about the existence or non-existence of the statutory right of revocation.
Site operators may not use personal data obtained through the use of UndrSky.com’s services for any purposes other than those specified or obvious for communicating and contracting with the parties concerned. In particular, it is forbidden to resell this data or to use it for the purpose of sending advertising, unless the person concerned has expressly given his prior consent in accordance with the applicable statutory provisions.
Furthermore, the site operator shall – promptly notify UndrSky.com in writing of any technical changes in his area of operation, if they are likely to affect the performance or safety of the marketplace; – cooperate as far as necessary in the investigation of attacks by third parties on the marketplace; – conduct business in the marketplace exclusively for commercial purposes in the course of commercial business operation; – refrain from any action that jeopardizes or interferes with the proper functioning of the marketplace, or access any data that he is not authorized to access.
The site operator undertakes to compensate UndrSky.com for any damage resulting from his non-compliance with these obligations. The site operator shall also indemnify UndrSky.com from all claims asserted by third parties against UndrSky.com for infringement of their rights or for violations of the law due to offers and / or contents submitted by the site operator, if and insofar as the site operator is responsible for them. The site operator agrees to pay in this regard also the costs of the legal defense of UndrSky.com including all court and legal fees.
4 Online booking
The online booking allows guests to book directly and bindingly according to offers made by the site operators on the marketplace.
The prices to be set by the site operator are to be stated as guaranteed final prices for the booked services, including VAT. To ensure that online bookings are not abused for other purposes, a guest must make a down payment of at least from 0% to 100% of the final price in order to make an online booking. The site operator has the option of setting a higher down payment (up to 100%). The down payment is made online via the Payment Paddle.com, 340 S Lemon Avenue, Los Angeles, California 91789, USA to UndrSky.com. The following payment options are available to the guest(depending on the country of the campsite and the country of the camper): Visa or Mastercard, American Express, Ideal or instant bank transfer, PayPal. The down payment is to be credited in full by the site operator to the final price.
The site operator is solely responsible if uses the option of integrating a management software or an external management service (Property Management Software).
Likewise, UndrSky.com does not assume any liability for information and declarations of intent made by a camper as part of an online booking.
After the guest successfully books a binding offer from the accommodation provider’s options, both parties will receive from UndrSky.com a booking confirmation request documenting the content of the contract concluded via the online booking. The site operator must check this immediately and provide the agreed services accordingly.
Cancellations of confirmed bookings are only possible with the consent of the guest, unless a different cancellation policy between the parties is agreed and documented accordingly. In order to cancel an online booking, the camper or the site operator must contact UndrSky.com at email@example.com email address, and confirm the booking cancelation.
The amount and payment terms of the commission are determined according to the price list with each booking. Price changes for future orders / bookings remain reserved. Unless otherwise agreed, the total payment of campers is automatically transferred to the site operator after 10 calendar days before the guest arrival minus the agreed commission.
The site operator is himself responsible for the continuous and independent storage of the information received from UndrSky.com, which he might need for purposes of evidence, bookkeeping or other purposes.
5 Remuneration / Invoicing
These General Terms and Conditions are supplemented by corresponding product descriptions and order forms, which, among other things, regulate the respective prices and payment terms.
Changes for future orders / bookings remain reserved to UndrSky.com.
UndrSky.com is liable for intent and gross negligence without restriction, for slight negligence, however, only in case of breach of essential contractual obligations. Essential contractual obligations include the careful processing of the data set by the site operator and the provision of information to the respective contractual partners (agency services). Liability for breach of such an essential contractual obligation is limited to the typical occurring contractual damage that UndrSky.com had to anticipate upon conclusion of the contract on the basis of the circumstances known at that time.
The information we receive in connection with a booking and which we automatically forward to the site operator is based on the information provided to us by the respective guests. The correctness, accuracy and completeness of such information cannot be guaranteed by UndrSky.com nor for the information provided by the site operator himself. We are also not liable for errors (including obvious errors or misprints), interruptions (through a temporary and / or partial failure, repair, update or maintenance on our website or for any other reason), inaccurate, misleading or untrue information or the failure to provide information that UndrSky.com is not responsible for.
As far as the marketplace is concerned and the possibility of forwarding to databases, websites, services and third parties exists, e.g. through setting links or hyperlinks or interfaces to management systems (Property Management Systems), UndrSky.com shall not be liable for the accessibility, inventory or security of these databases or services, nor for the content of the same.
UndrSky.com is only liable for the loss of data in accordance with the preceding paragraphs if such a loss could not have been avoided by adequate data backup measures on the part of the site operator.
The above limitations of liability apply accordingly to the vicarious agents of UndrSky.com.
The above-mentioned limitations of liability shall not apply if and to the extent that claims for damages arising out of injury to life, limb or health are caused by UndrSky.com.
7 Intellectual property / Rights of use
By placing information, images, videos and offers on the marketplace (hereinafter collectively known as “content”), the site operator hereby grants UndrSky.com a worldwide, non-exclusive, irrevocable, indefinite, transferable and royalty-free right (the license) with the right for sublicensing, to use, edit, distribute, transfer, make publicly available and demonstrate the content to the extent necessary to fulfill the contractual services according to 2.
In addition, the site operator grants UndrSky.com the right (the license) to market, advertise, display, include and use the content posted on the marketplace, both on the marketplace itself and for further marketing (online, in social networks, newsletters, etc.) as well as for e-mail advertising purposes. UndrSky.com conducts online and marketing campaigns at its own expense and discretion. This right may be revoked or restricted by the claimant at any time in the future by written declaration to UndrSky.com.
Without limiting the provisions of these General Terms and Conditions, the site operator acknowledges and agrees that the marketplace and its contents are protected by copyright, trademark, database rights and other laws. The site operator undertakes to refrain from any use and to stop any use in his area of responsibility, which violates these or such intellectual property rights of UndrSky.com or third parties.
The servers of UndrSky.com are secured according to the latest technology, in particular by firewalls; however, the user is aware that there is a risk for all participants that transmitted data can be read out in the transmission path. This applies not only to the exchange of information that leaves the system via e-mail, but also to the integrated messaging system and all other transmissions of data. The confidentiality of the data transmitted in the context of the use of the marketplace can therefore not be fully guaranteed.
The site operator assumes the guarantee towards UndrSky.com and all other users that the data protection requirements (in particular, but not limited to according to EU-GDPR) are complied with by the site operator regarding the data transmitted by him and releases UndrSky.com from any third-party claims, also those of a public nature. In particular, the site operator himself has to ensure that any necessary consent of employees is obtained before personal data is used by employees in the context of setting up their logins or for other reasons in the marketplace. The site operator acknowledges that he himself is the responsible body with regard to the guests whose personal data are transmitted to him via the marketplace and online booking within the meaning of EU-GDPR.
9 Assignment of rights
A partial or complete transfer of rights of the site operator from the contract with UndrSky.com to third parties is excluded.
10 Contract duration
The contract underlying these General Terms and Conditions is concluded for an indefinite period. The contract may be terminated by both parties with a notice period of three months to the end of the month.
Each party has the right to terminate the contract for cause without giving notice. An important reason for UndrSky.com can be in particular: – the infringement by a site operator of the provisions of these General Terms and Conditions which will not be remedied even after the deadline has been set; – the criminal act of a user or the attempt of such a user, e.g. scam; – the delay of payment by the site operator to UndrSky.com or to the partner of a contract arranged by UndrSky.com for more than six weeks; – constant breakdowns due to force majeure beyond UndrSky.com control, such as natural disasters, fire, unrelated breakdown of cable networks.
Any termination must be made in text form. Terminations by fax or e-mail shall also be made in text form.
11 Final provisions
The contract underlying these General Terms and Conditions is concluded for an indefinite period. The law of the Federal Republic of Cyprus applies with the exception of the UN sales law.
Jurisdiction for all legal disputes is Nicosia. UndrSky.com is also entitled to sue at the general place of jurisdiction of the site operator.
11 Final provisions
Minganelli Investments Limited
Address: Leontiou 159, Maryvonne Building, 3rd floor, Office 302,
3022, Limassol, Cyprus
Registration number: HE265315