Terms of Service

We are pleased that you are using hinterland.camp. Please read these Terms of Use carefully as they contain important information about your contractual rights and obligations. By registering and/or booking on the hinterland.camp Platform (as defined below) you agree to these Terms of Use. These Terms of Use will become part of the legally binding contract of use between you and hinterland camp GmbH, Susannenstr. 21a, 20357 Hamburg, Germany. In addition to these Terms of Use, please also note our Privacy Policy, which you agree to by booking: [https://hinterland.camp/privacy]() ### Table of contents 1. Definition of terms 2. Description of services 3. Registration and use of the platform 4. Booking, payment and fees 5. Cancellation conditions 6. Information on compliance with laws, regulations and third-party rights 7. Liability 8. Termination of contract 9. Final provisions ### 1\. definition of terms HINTERLAND: hinterland camp GmbH, Susannenstr. 21a, 20357 Hamburg (hereinafter also referred to as "us" or "we") Platform: online marketplace made available via the Website or the App

Website: the internet website and all its subpages

App: application for mobile devices User: natural persons over the age of 18 with full legal capacity who have registered on the Platform to use it as a Host and/or as a Guest Host: a user who posts one or more listings to offer a place or accommodation for rent and allows guests to stay and spend the night there Guest: a user who rents a pitch or accommodation from a host on the platform and stays there overnight

Listing: an entry on the platform in which a pitch or accommodation is described and offered for booking and rental Pitch: a place for a tent, motorhome or caravan that is offered for rent and can be booked Accommodation: outdoor accommodation (e.g. hut, tree house, glamping) that is offered for rent and can be booked ### 2\. description of services 
2\.1. The HINTERLAND platform is an online marketplace that enables registered users to (1) create and publish advertisements as hosts in which outdoor places and accommodations are offered and rented for overnight stays and stays, (2) communicate with other users and (3) conclude booking contracts between hosts and guests for the places and accommodations offered. 
2\.2. As the operator of the Platform, HINTERLAND is neither the owner, seller, reseller or provider of the places and accommodations from the advertisements, nor does HINTERLAND act as a tour operator or travel agent. When users make or accept a booking, they conclude a contract directly with each other. HINTERLAND is not and will not be a party or any other participant in the contractual relationship between users, nor is HINTERLAND a real estate agent or an insurance company. HINTERLAND does not act in any capacity as an agent for any particular User. 
2\.3. HINTERLAND does not control or guarantee (1) the existence, quality, safety, suitability or legality of the places and accommodations offered in Listings, (2) the correctness or accuracy of descriptions and photos in Listings, ratings, reviews or other User Content, or (3) the conduct or performance of any User or third party. Hosts are solely responsible for their listings, the places and accommodations offered therein, and the provision of all associated services. 
2\.4. Users are solely responsible for their communication and interaction with other Users. HINTERLAND has the right, but not the obligation, to check the communication and interaction between Users. 
2\.5. In order to promote the HINTERLAND platform and increase the visibility of advertisements for potential guests, advertisements and other content of users may be displayed on other websites, in applications, in e-mails and in online and offline advertisements. The User agrees to this and grants HINTERLAND a license to use the advertisements (including the images and texts contained therein - collectively referred to as "Content") for advertising purposes without any restrictions in terms of location, time or content. The User guarantees that he holds all rights to the Contents and that these Contents are free of third-party rights. The User shall provide HINTERLAND with proof of his rights to the Content upon first request. The User also guarantees that the Content is not illegal, misleading, discriminatory or offensive in any other way (e.g. by depicting violence, nudity, sexual acts, unconstitutional or prohibited symbols). 
2\.6. HINTERLAND may temporarily restrict the availability of the HINTERLAND Platform if this is necessary for technical reasons for the purpose of maintenance, renewals ("updates") or technical improvements. 
2\.7. The HINTERLAND Platform may contain links to third party websites and resources. Such third-party services may be subject to different terms of use and privacy policies. HINTERLAND is not responsible for the availability or accuracy of such third party services, nor for any content, products or services offered through such third party services. 
2\.8. The area of responsibility of HINTERLAND is limited exclusively to (1) the provision of the Platform as described above and (2) the support of the Host in the processing of payments; HINTERLAND does not act as a payment service provider in this respect. ### 3 Registration and use of the Platform 
3\.1. A user account must be created in order to access and use certain functions of the HINTERLAND Platform. When registering, correct, current and complete information must be provided and the data must always be kept up to date. If you register a user account for a company, a partnership or a legal entity, you warrant that you are authorized to represent and legally bind these organizations. 
3\.2. The hardware and software required to access and use the Platform is the sole responsibility of the User. 
3\.3. HINTERLAND grants limited, non-exclusive, non-transferable access for personal use of the Platform for the purpose described above. Any other use of the Platform is strictly prohibited and constitutes a breach of contract. 
3\.4. HINTERLAND reserves the right to deactivate, block or irrevocably delete user accounts and advertisements at its own discretion. 
3\.5. Users are solely responsible for complying with or fulfilling all laws, rules, regulations and tax obligations applicable to their use of the HINTERLAND Platform.
3\.6. Users of the Platform are prohibited from doing or assisting others to do any of the following: - violate or circumvent any applicable laws, regulations or these Terms of Use
- discriminate against or harass anyone on the basis of national origin, religion, gender, gender identity, physical or mental disability, health status, marital status, age or sexual orientation, or otherwise engage in violent, harmful, offensive or disruptive behavior; in this context, it is also prohibited to publish content that is unlawful, misleading, discriminatory or otherwise offensive (e.g. through the depiction of violence, nudity, sexual acts, constitutionally offensive content). by depicting violence, nudity, sexual acts, unconstitutional or prohibited symbols). HINTERLAND reserves the right to delete or hide such depictions at its own discretion.
- violate or impair the rights of other persons or cause harm to another person
- offer as a host a place or accommodation that is not owned by him/her or for which he/she does not have permission to offer it on the platform or to make it available to guests
- make a booking for another person and not use the pitch or accommodation themselves (unless expressly authorized by HINTERLAND)
- use the HINTERLAND platform to request, make or accept a booking independently of the platform in order to avoid service fees or for any other reason - in particular by exchanging personal contact information such as telephone numbers, e-mail addresses, URLs, social media accounts, etc. - It is also prohibited to engage in self-promotion in the advertisements in order to enable the guest to contact the host directly - outside the HINTERLAND platform. In this respect, references to the host's own websites, the display of contact details, the inclusion of exact location details (address data), the use of unique titles or proper names and references to other external portals are prohibited. The above measures are not permitted either in the text of the advertisement or in the images or in other contexts. HINTERLAND reserves the right to hide these details and information.
- To request, accept or make payments for bookings outside the HINTERLAND platform
- to provide false information when registering a user account or describing advertisements or to set up completely false user accounts or create false advertisements
- contact another User for any purpose other than to ask a question about a booking, a Listing or that User's use of the Platform, in particular not to solicit a User for third party services, applications or websites without HINTERLAND's prior written consent
- Direct competitors of HINTERLAND or its sales partners who disseminate their advertising via the Platform shall pay a contractual penalty in the amount of EUR 10,000. HINTERLAND reserves the right to take further legal action
- use the HINTERLAND Platform, its content or user content for commercial or other purposes not expressly permitted in these Terms of Use
- copy, store or otherwise use information, including personal data, about users in a manner inconsistent with these Terms of Use or our Privacy Policy or otherwise in violation of the privacy rights of users or third parties
- damage or impair the "HINTERLAND" or "HINTERLAND Camp" brands in any way, e.g. through the unauthorized use of the logo, content, registration and/or use of the term "HINTERLAND", "HINTERLAND Camp" or derived terms in domain names, trade names, trademarks or other source identifiers or through the registration and/or use of domain names, trade names, trademarks or other source identifiers that mimic or are confusingly similar to the HINTERLAND domains, trademarks, slogans, advertising campaigns or other content
- use, display or reproduce the HINTERLAND Platform or any individual element or other proprietary information or the layout and design on the pages of the Platform without the express written permission of HINTERLAND
- use the HINTERLAND Platform in connection with the distribution of unsolicited commercial messages ("spam")
- use any robot, spider, crawler, scraper or other automated means or process to access, extract data or other content from, or otherwise interact with, the HINTERLAND Platform
- circumvent, disable, interfere with, decrypt or otherwise defeat the technical measures employed by HINTERLAND, by a service provider contracted by HINTERLAND or by a third party to protect the HINTERLAND Platform
- take any action that may actually or potentially damage or adversely affect the performance or proper functioning of the HINTERLAND Platform - attempt to decrypt, decompile, disassemble or reverse engineer the software used to operate the HINTERLAND Platform

3\.7. Users agree to use the HINTERLAND Platform in accordance with the intended business purpose, within the framework of the legal conditions and these Terms of Use. Any misuse or attempted misuse may be prosecuted under criminal and/or civil law. ### 4 Booking, payment and fees 
4\.1. Any payment or other financial transaction shall be made exclusively in euros. 
4\.2. The rental price per night is determined by the host. 4\.3.
HINTERLAND receives a service fee of 15% of the rental price for all nights booked, but at least 3.00 Euro (incl. VAT) for each binding booking. The service fee is borne by the guest. 
4\.4. A binding booking can be made as follows:

a) Binding booking request by the Guest (offer by the Guest): When the Host accepts a binding booking request from the Guest; upon acceptance by the Host, the contract is concluded. The guest may withdraw a binding booking request as long as the host has not yet accepted it.

b) Binding "instant booking" offer (offer by the host): If the host supports and offers instant bookings, the guest can make a binding booking directly; once the guest makes the booking, the contract is concluded. The Host may withdraw from the contract within 24 hours of the Guest's booking. 4\.5. Payments are processed exclusively via the external payment service provider Stripe Payments Europe, Ltd ("Stripe"). Guests enter their payment details in an input mask of the payment service provider Stripe and agree that the rental price due and service fees for the booking may be charged via the selected payment method of Stripe. HINTERLAND does not act as a payment service provider and payments are processed solely via Stripe. Users undertake to use only those credit cards or other means of payment that they are fully authorized to use. The terms of use of the credit cards or other means of payment are regulated exclusively by the respective providers and are decisive for the applicable rights and obligations. 4\.6. For the processing of bookings, hosts create a Stripe account in advance in order to receive payments for bookings. The Stripe Terms of Use (https://stripe.com/de/ssa) and the Stripe Connected Account Agreement (https://stripe.com/de/connect-account/legal), both of which can be changed by Stripe, apply. Hosts agree to these Stripe terms and conditions and are obliged to provide Stripe with accurate and complete information.

4\.7. If a booking is made by accepting a binding booking request or an instant booking, the Host and Guest enter into a legally binding contract and are obliged to provide the agreed services. 
4\.8. A booking represents a limited right granted to the guest by the host to enter, stay and spend the night in a place or accommodation for the duration of the stay. During this time, the Host is entitled to continue to enter the pitch and accommodation in accordance with the applicable law and the agreements with the Guest. The legal basis of the contract between the guest and the host is the statutory provisions on tenancy law (Sections 535 et seq. of the German Civil Code), unless otherwise stipulated in these Terms of Use. 
4\.9. Guests are obliged to report serious complaints to HINTERLAND by e-mail (hallo@hinterland.camp) within 24 hours of their arrival and to provide detailed information or evidence (e.g. in the form of photos or videos) of the circumstances of the complaint. In the event of a justified complaint, payment of the rental price may be withheld from the Host in accordance with Section 4.10. 
4\.10. Payment of the rental price to the host's bank account shall be instructed 2 working days after the guest's arrival date, but no earlier than 10 days after payment by the guest. Payment shall be made without further notice if no complaint has been made by the aforementioned dates in accordance with Section 4.10. Any additional costs incurred by the host's bank shall be borne by the host. 
4\.11. HINTERLAND reserves the right to change the fees, payment processing and billing method at any time, as well as to change the payment service provider and will inform the users of this by e-mail. 4\.12. There is no right of revocation in accordance with § 312g Para. 2 No. 9 BGB, as the following contracts are concerned: Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, motor vehicle rental, delivery of food and beverages and for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision. ### 5 Cancellation conditions 
5\.1. If a guest cancels a reservation at least 30 days before the arrival date, the rental price will be refunded, but not the service fee. If a guest cancels a reservation within 30 days of the arrival date, no refund will be made. A chargeback via credit card is not permitted as a cancellation. 
5\.2. A host may only cancel an immediate booking within 24 hours of the guest making the booking. A host can only request other cancellations of binding bookings by contacting HINTERLAND directly. HINTERLAND will then try to find a solution together with the host and the guest. ### 6\. information on compliance with laws, regulations and rights of third parties 
6\.1. Hosts are requested to familiarize themselves with the local applicable laws and regulations before creating an advertisement on the HINTERLAND platform. 
6\.2. Hosts, sites and accommodations are subject to laws and regulations at various levels (e.g. federal, state, municipal and local) that may impact and restrict the availability of short-term rentals of sites and accommodations to paying guests. In some areas, it is necessary to obtain an official permit or license before public advertisements can be created and guests can be received. There may also be explicit prohibitions that may result in fines or other penalties for violations. 
6\.3. Hosts warrant that the booking and use of the sites and accommodations advertised by them by guests (1) does not violate any applicable rights of third parties, (2) complies with all applicable laws, regulations and tax requirements, and (3) has all necessary permits or licenses. 
6\.4. It is the sole responsibility of the Host to comply with all laws and regulations, rights and obligations set forth in Section 6.3. HINTERLAND does not assume any responsibility for the Host's full compliance. 
6\.5. Guests are requested to protect nature when staying and spending the night outdoors and to comply with the Federal Nature Conservation Act, the Federal Forest Act and the forest laws of the individual federal states on their own responsibility. ### 7 Liability 
7\.1. HINTERLAND does not check the correctness and accuracy of the content created by the users of the Platform and can therefore neither guarantee the correctness and accuracy of the data and information provided therein nor be liable for it in any way; users alone are responsible for all data and information provided by them. In addition, all users are generally responsible for their use of the Platform. HINTERLAND is under no general obligation to review the information provided by users or to delete content that does not appear to be illegal. HINTERLAND accepts no liability whatsoever for any infringement of third party rights that may arise from the use of the Platform by Users. 
7\.2. HINTERLAND is not liable for the use of published data by other users or third parties. Users are solely responsible for protecting their published data from third-party use. 
7\.3. HINTERLAND is not liable for failures or malfunctions of the Internet and telecommunications infrastructure which are beyond our control and which may lead to disruptions in the availability of the HINTERLAND platform. HINTERLAND is also not liable for temporary restrictions which are necessary for technical reasons for the purpose of maintenance, renewals ("updates") or technical improvements. 
7\.4. HINTERLAND is not liable for the legality of the activities of the hosts in connection with the pitches and accommodations, nor for their use of the pitches and accommodations by guests. Therefore, all users themselves are responsible for the legality of their planned and carried out activities and organize the legal and financial conditions of their business relationship. 
7\.5. HINTERLAND is not liable for (1) the legality of the advertisements published on the Platform (2) the consequences of real or virtual meetings between Users of the Platform (3) for any damage resulting from the misconduct of Users or third parties or (c) in cases of force majeure. 
7\.6. Hosts are solely responsible for the quality and equipment of the pitches and accommodation. HINTERLAND is not liable for the quality and facilities of the pitches and accommodation advertised on the Platform. 
7\.7. Guests are responsible for leaving the pitch or accommodation (including all items located on the pitch or in the accommodation) in the condition in which they found it. Guests are responsible and liable for their own acts and omissions and for the acts and omissions of persons accompanying guests who have been invited to the pitch or accommodation by guests or who are otherwise given access to the pitch or accommodation by guests (with the exception of the host and persons invited to the pitch or accommodation by the host). If a host proves that a guest has culpably damaged a pitch or accommodation or the items located there, the host may demand reasonable compensation from the guest. 7\.8. Any claims due to defects or other breaches of duty in relation to the pitches and accommodation offered (in particular claims in accordance with Clauses 7.6 and 7.7 above) must be settled between the users. HINTERLAND is not involved in this contractual relationship and does not assume any secondary liability. ### 8 Termination of contract 8\.1. Guests may terminate existing contracts with Hosts prematurely by fulfilling the cancellation conditions in point 5. 
8\.2. Hosts can only terminate this contract with HINTERLAND if all their obligations from existing contracts with Guests have been terminated by the provision of the contractually agreed service. 8\.3. Termination rights for good cause remain unaffected by the above clauses. 
8\.4. HINTERLAND reserves the right to deactivate, block or irrevocably delete user accounts in the event of any form of misconduct or abuse at its own discretion and thereby unilaterally pause or terminate this contract. ### 9\. final provisions 
9\.1. The law of the Federal Republic of Germany shall apply. 
9\.2. This Agreement constitutes the entire agreement between Users and HINTERLAND. It replaces all previous written or verbal contractual agreements. 
9\.3. HINTERLAND reserves the right to amend, supplement or replace these terms and conditions. An amendment will be announced with notification of the amended version of the GTC and with the setting of a reasonable response period. The user will also be informed that the changes will be accepted without reaction. In the event that users reject the new provisions, they are reminded that they may terminate this contract at any time in accordance with point 8. 
9\.4. Should individual provisions of these terms and conditions be invalid in whole or in part or contradict the statutory provisions, this shall not affect the validity of the remainder of the contract. 
9\.5. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg. This jurisdiction agreement shall only apply if the contracting parties are merchants, legal entities under public law or special funds under public law. The European Commission also provides a platform for online dispute resolution, which you can find at this link: [https://ec.europa.eu/odr ]() 
9\.6. HINTERLAND does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so. Hamburg, August 19, 2020, Version 1.1