UndrSky Terms and conditions
I. Conditions of Use
Minganelli Investments Limited (“UndrSky.com”, “we”) provide information and services from commercial providers (“campsite owners”, “service providers”) relating to campsites, pitches, motorhome stopovers and other services (“accommodations”) for camping-related leisure activities to those looking for a campsite and associated offers (“campers”) via the websites www.undrsky.com as well as the apps and pages associated with the online marketplace and portal (together “marketplace” and “services”). Campers, campsite owners and other users of these services are (also) referred to here as “users” or “you”.
Unless otherwise explicitly agreed, all the services provided by UndrSky.com — particularly those on the marketplace — are provided on the basis of these terms, regardless of how (for example, via the internet, mobile devices of all types, via email, post or telephone) they are directly or indirectly (via third parties) accessed, utilised, agreed upon or otherwise used.
II. Our Services
The information that we use to describe the accommodations and leisure activities on our websites (including prices, fees, terms and conditions, availability) is largely based on the information provided to us from the respective campsite owners, users or third parties, as well as from information available through publicly accessible sources.
Upon successful registration (see below, III.2), each campsite owner / service provider has the opportunity to edit the details of their offers and to add images and videos. They may also book additional packages for a fee in order to promote their offers (such as Premium Entry, Top Position, etc.). These packages, however, do not have any impact on ratings nor on the search criteria selected by the user.
UndrSky.com does not provide any accommodations or other travel services but instead acts as a broker in this regard. Brokerage operations are provided to the camper in the context of an agency agreement (“brokerage agreement”) in the event that the camper makes a direct booking on our websites and/or via our apps. UndrSky.com is not liable for the correctness or completeness of any information beyond such brokerage agreements and the general terms and conditions applicable thereto.
A camper’s contract relating to booked accommodations or booked services is made directly and exclusively with the respective service providers or campsite operator. Please note that each campsite operator and service providers have their own terms of business and/or contractual conditions. UndrSky.com has no influence over and is therefore not liable for these terms and conditions.
III. Use of Our Services
Our services are free to access, so long as no additional, fee-based services are used. In providing our services, we strive to ensure proper operation and constant availability of our services without, however, wishing to assume any liability for them.
Confirming the reservation, the user agrees with the thermoses placed on the checkout page when reserving a particular camping site.
2. Creation of User Content The user has the opportunity — depending on the design of the respective service — to post texts, images and videos (“user content”) onto the marketplace and to make declarations of intent in legal transactions. Users are solely responsible for the content they submit. UndrSky.com takes no editorial responsibility for user content. Users are prohibited from posting content that
- the dissemination of which is punishable by law;
- contain untrue factual claims;
- insult, threaten, glorify violence or are defamatory;
- are racist, unconstitutional or inciting;
- are pornographic, immoral, offensive or otherwise illicit or illegal;
- violate the rights of third parties.
Third-party rights, in this case, could include copyright or identification rights, patents, branding, or neighbouring rights, as well as personality rights, rights to privacy, or property rights.
Furthermore, content must not contain links or other information/references designed to impair the functionality of external data processing systems, in particular computers.
There are additional guidelines and tips to keep in mind when posting content or submitting ratings, which Camping.info has released in connection to the respective dialogue boxes.
3. Intellectual Property / Rights of Content Use. The services and the marketplace, as well as their contents and data, are protected under copyright, trademark, database rights and other laws. Copying, publicly reproducing, or any other use or exploitation of protected content and data is generally illegal without the permission of the copyright holder.
Users must refrain from any use or exploitation which goes beyond personal, non-commercial and lawful use within the scope of its predetermined purpose and which infringes the intellectual property rights of UndrSky.com or third parties.
By posting or uploading content in our services, the user hereby grants UndrSky.com free, non-exclusive, factually, spatially and temporally unrestricted rights (“licence”) to their user content for the operation and advertising of services; this content may be used worldwide, in all media forms, and may be copied, edited, shared, communicated, made public or sublicensed. The author retains moral rights, and these are typically not transferred.
4. User Liability / Exemption Every user is responsible and liable for the content that they post or upload to the services according to general law. UndrSky.com is not obligated to monitor the information communicated by users or to look into circumstances that allude to illegal acts.
In the event of a culpable breach of the regulations listed in Section 2, the user shall indemnify UndrSky.com for all claims by third parties asserted against UndrSky.com in connection with the content posted by the user. The indemnification also covers all necessary legal fees.
Indemnification does not apply if and insofar as the claims against UndrSky.com are based on our failure to take immediate action to remove illegal content after becoming aware of its existence.
IV. Liability of UndrSky.com
UndrSky.com is liable without limitation for intentional and gross negligence of obligations but is only liable for slight negligence in the event of a breach of essential contractual obligations. Essential contractual obligations are those on whose observance the user may regularly rely, which ensure proper execution of the contract in the first place and whose violation would endanger the achievement of the purpose of the contract.
Insofar as there is the possibility of being redirected to third-party databases, websites, services, etc. from the marketplace and/or in the services, for example through links, hyperlinks or interfaces to Property Management Systems, UndrSky.com is not liable for the accessibility, inventory or security of these databases or services nor for the contents thereof.
The information provided by our services is based on that of third parties (campsite owners, campers, third-party providers, public sources, etc.), therefore, UndrSky.com cannot assume any liability for the correctness, completeness or accuracy of this data, unless and insofar as mandatory statutory provisions stipulate liability on the part of the provider. Foreign information and content posted or uploaded to our services by users (user content) do not represent the views, values, recommendations or determinations of UndrSky.com. We do not consider such user content to be our own and are not obliged to check this content for correctness, completeness and legitimacy. For this reason, we are also not responsible for user content, provided that we have no knowledge of its incorrectness, incompleteness or illegitimacy. In the event that UndrSky.com is made aware of legal infringement, we will immediately carry out our (then) obligation to check the relevant user content and, if necessary, take further measures (e.g. deleting it).
The use of the internet and the devices used for this purpose are done so at the risk of the user. We assume no liability for the access of our services via the internet nor for technical interruptions and/or the failure of our services.
UndrSky.com shall only be liable for the loss of data in accordance with the above paragraphs if such loss could not have been avoided by appropriate data security measures on the part of the user.
The previously mentioned limits to liability do not apply unless and insofar as it deals with claims of compensation based on the damages to life, limb or health caused by UndrSky.com.
German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of a consumer, this choice of law only applies insofar as it does not restrict any mandatory legal provisions of the consumer’s state of residence or habitual abode.
VII. Alternative Dispute Resolution
The European Commission has a platform for online dispute resolution, which can be found at https://ec.europa.eu/consumers/odr.
This platform serves as a point of contact for the extrajudicial resolution of disputes arising from online sales or service contracts involving a consumer.
Minganelli Investments Limited is neither obliged nor willing to participate in any dispute resolution procedure before a consumer arbitration board.
Minganelli Investments Limited
Address: Leontiou 159, Maryvonne Building, 3rd floor, Office 302,
3022, Limassol, Cyprus
Registration number: HE265315