(Last update: April 10th, 2018)
PLEASE READ BEFORE ANY USE OF THE SITE
Article 1 – Scope and definitions
HomeCamper SAS makes available an online platform putting in relation hosts who have a ground and travelers wishing to rent this type of ground (‘’ Services’’).
Those services are accessible at www.homecamper.com (‘’Site’’).
ANY ACCESS OR USE OF THE SITE INVOLVES THE ACCEPTANCE, WITHOUT RESERVE BY THE USER OR THE SIMPLE VISITOR, DISPOSITIONS OF THE GTU WHICH HE RECOGNIZES TO HAVE READ, UNDERSTAND AND ACCEPTED EXPRESSLY BEFOREHAND.
The Site and the Services establish an online platform on which the hosts (‘’Hosts’’) can create and publish announcements (‘Announcements’’) to propose in the rent their grounds or gardens (‘’Gardens’’), which travelers (‘’Travelers’’) can consult to obtain information or reserve the aforementioned Gardens directly with the Hosts.
‘’Member’’ indicates every person who creates an account HomeCamper.
‘’Host’’ indicates a Member creating an Announcement proposing the rent of his Garden by means of the Site.
‘’Traveler’’ indicates a Member which asks to reserve with a Host, a Garden via the Site.
‘’Garden’’ indicates any private plot of land the Host of which has the full enjoyment.
‘’Announcement’’ indicates a Garden proposed in the rent by a Host by means of the Site.
‘’Contents’’ indicate any text, graphic, image, music, software, video, information or other elements.
‘’Members Contents’’ indicate any Contents which the Member post, download, publish in their Announcement or profile.
The users, according to these CGU, are persons and institutions which joined and whose registration was confirmed by HomeCamper SAS. By joining the Site or by using the Services, the user adheres completely and without reserve to the present GTU.
The current version of the GTU is available at any time and in free access on the Site.
HomeCamper SAS, reserves at its discretion, the right to modify the Site or the Services or to modify the present GTU, including Service Fees at any time and without notice.
Any modification of the present GTU will be published on the Site or a notification of modification will be sent to the Members. The date of the ‘’Last update’’ indicated at the top of the present GTU will be updated. Any access or use of the Site after an update of the present GTU on the Site or after a notification of modification will imply the acceptance of the modified GTU. In case of refusal of the modified GTU, the only appeal will be to stop using the Site and the Services.
Any deregistration will come into effect at the end of the last service, for any booking acceptance or request made before dates her update of GTU.
HomeCamper SAS does not propose Gardens but is only intermediate for conclusions of contracts between the Hosts and the Travelers, it thus accepts no offer. Rental agreements are exclusively realized between the Host, the owner or the tenant of the Garden having received beforehand the authorization of his owner for a subletting and the Traveler. HomeCamper SAS is not actively involved in the rental agreements concluded between the users of the Site. The Hosts and the Travelers are, of this fact themselves, persons in charge exclusively of the fulfillment of the contractual duties between these parts. HomeCamper SAS records and transmits to this end the address and coordinates of both contracting parties. In these circumstances, the Offers and Contents published by the Hosts, the Travelers and other users on the platform are not controlled by HomeCamper SAS as to their accuracy, their legitimacy and their exhaustiveness and do not reflect on no account the opinion of HomeCamper SAS.
Article 2 – User services
The Site is freely accessible to every Internet user having a recent, usual material and software IT configuration and a High-speed Internet connection. Thanks to an adaptive interface which adapts itself according to your screen, the Site is accessible to every type of screens, whether it is a smartphone, a computer, a netbook, a tablet, a mobile phone, a connected TV, a game console.
The Site and the Services address only the elderly of 18 or more years old and having the capacity to achieve legal acts.
The recording and the registration of the user on HomeCamper.com is free and requires the acceptance of the beforehand GTU.
The acquisition of the Member status is made by the opening of a user account (‘’Account’’) according to the indications of the Site, more precisely by completing the online form. The user can also join by connecting in his current account with certain third sites of social networks, via the Site. During his registration, the user must fill according to the truth the compulsory fields appearing in the registration form, more precisely, his name and first name, as well as a valid email address. The user then chooses a password.
The contract of use between HomeCamper SAS and the user is concluded at the reception of the confirmation of registration at the email address supplied by the user.
The User is solely responsible for Contents which he deposits on the platform. He makes a commitment towards HomeCamper SAS not to deposit illicit Contents nor to undertake actions contrary to the laws. The Host is responsible for the description of the Garden and for the Services which he proposes. He must fill the indicated fields by HomeCamper SAS to allow the Travelers to know the essential characteristics of the Garden and the offer. He can bring additional indications concerning a minimum number of overnight stays required, hours of arrival or departure, etc.
The User makes a commitment:
- not to give up his Account to a third or another user and not to transmit his password,
- to update all data by connecting in his Account,
- to have only one Account on the Site,
- to use his Account only in a private capacity, all the acts made under his Account being considered to have been made by himself.
HomeCamper SAS would be responsible on no account for an impersonation and invites his users to inform him about it if necessary. HomeCamper SAS would then be authorized to lock the Account for the check.
Every user must verify himself the identity of the other contracting party. HomeCamper SAS does not guarantee the accuracy of users’ address and coordinates put down on the Site.
In the installation of their systems and programs concerning the use of the offer of HomeCamper SAS, the Users shall not hinder the safety, the integrity nor the availability of the systems used by HomeCamper SAS to assure its Services. The Users shall not modify, block or transcribe the contents generated by HomeCamper SAS, nor bother the offer of HomeCamper SAS of no way. HomeCamper SAS is authorized to take all the necessary measures to assure the integrity of the systems of HomeCamper SAS or a third.
The Users should not use addresses, coordinates and email addresses obtained thanks to the use of the Site for any other reason that the conclusion of the rental agreement. It is forbidden to pass on these data to unauthorized people or to use them for the sending of advertising unless the concerned User expressly authorized him beforehand. As well as any spamming or similar act towards other users, or towards third is forbidden. The User agrees not to contact a Host in another purpose than to ask him a question on a reservation or the Announcements of this Host. The Users agree not to contact a Traveler in another purpose than to ask him a question on a reservation or its use of the Site. The Users are not authorized to invite every Host or other Member to use services or rival third sight of those of HomeCamper SAS, without the prior written authorization of HomeCamper SAS.
In case of infringement of the user in this GTU, HomeCamper SAS can exclude the User concerned about the use of the Service or delete the Contents used by this one. HomeCamper SAS will assert before the courts its rights duly justified action in cessation and in damages.
USE OF THE CONTENTS AND THE RIGHTS
The Users must make sure that the published contents do not violate the laws and the current legal prescriptions nor the good customs and the right of third (rights of names, rights of the personality, the copyright, the rights relative to the data protection, etc.). The User also makes a commitment not to show pornographic contents, making the apology of the violence, in the racism or in any reprehensible act. The same thing applies to the sending of emails and the other electronic communications tools of the Site. The Users transmit to HomeCamper SAS a free, irrevocable, unlimited, sub-fireable and a geographically unlimited right of use on the Contents (texts and images) which they publish. The right of use includes the right to modify the multimedia contents as well as to make them accessible in the public domain, under printed or electronic shape, including the distribution of any device of reception authorizing the online access, such as the computers, the smartphones the tablets and the comparable devices. Rights of use also include the right to join some multimedia contents, including advertising media, on the web site of the contractual partners of HomeCamper SAS. The Contents proposed via HomeCamper SAS are protected by copyright. Access to the Site and its use takes place in a regular and individual way by a natural person via a Web browser. Any use that the purpose is not a matter of the simple indexation of the Contents, but of the mass consultation and the recording of the Contents of the Site, is forbidden. HomeCamper SAS is authorized, in case of violation of the prohibitions and directives of this GTU, to refuse, to delete and to block immediately the contents as well as the pages and the dismissals on pages. The User cannot aspire anymore then to the recovery of his contents at homecamper.com, nor in a releasing of his deleted profile.
HomeCamper SAS reserves the right, at any time and without notice, to remove any contents, in its discretion, if HomeCamper SAS considers these contents as questionable for any reason, opposite in the present GTU or harmful to the Site and the Services.
DURATION AND TERMINATION
The contract of use is concluded for an indefinite time. The user can cancel the contract of use at any time without notice in writing or by email. Rental agreements existing or negotiated by the user with other users are not affected by a termination of the contract of use. The same thing applies for claiming of payment of already owed processing fee.
HomeCamper SAS can terminate the contract of use at any time by observing a two week notice if:
- the user does not settle totally or partially an obligation of payment whatever it is the reason despite a reminder with deadline fixed reasonably,
- the user does not respect the present GTU, and despite a reminder with fixed dealine, does not take necessary measures to correct his profile and/or the published contents,
- the requirements of the law, the court or the administration indicate that the use of the Site cannot be any more proposed under this form,
- HomeCamper SAS deletes the Site or its commercial activity.
CREATION OF A PROFILE
The subscription of a Service by a Member requires the creation of a profile which allows to aggregate the personal information necessary for the execution of the Services and/or the delivery, to publish an Announcement, to indicate the level of the evaluations from which benefited the Member and to reach the internal messaging of the Site so that the Members can communicate between them.
TO PROTECT MEMBER’S PRIVATE INFORMATIONS, ONLY CERTAIN INFORMATIONS OF THE PROFILE WILL BE VISIBLE BY OTHER MEMBERS, AND ONLY CERTAIN OF THEM ARE COMMUNICATED WITH A MEMBER, FURTHER TO THE ACCEPTANCE BY THIS ONE OF A BOOKING REQUEST FORMULATED BY ANOTHER MEMBER (SEE ARTICLE 3).
CREATION OF AN ANNOUNCEMENT
Any Member can create and publish one or several Announcement on the Site to benefit Services from HomeCamper SAS for the booking of his Garden by another Member. To create an Announcement, the Host must complete a form for the concerned Garden and the compulsory marked information, such as the accepted vehicle type, the location of the Garden, the capacity, at least one photography of the place, the characteristics and the availability as well as the price and the concerned financial conditions. To be able to represent among Announcement on the Site, Gardens must have a physical valid address. Other Member can so reserve a Garden via the Site, according to the information provided in the corresponding Announcement. The Host understands and accepts what follows: since a Traveler makes a booking request for his Garden, the Host cannot ask any more to the Traveler to pay a higher price than the one indicated in the booking request. The Host recognizes and agrees to be the only responsible for all the Announcements and Contents which he publishes. Accordingly, the Host declares and guarantees that any Announcement which he publishes or any stay of a Traveler on his Garden being the object of an Announcement violate no agreement crossed with thirds and is in accordance with all the applicable laws (such as the laws of town), rules and regulations which can apply to any outdoor hosting or car park being the object of an Announcement and fiscal obligations. HomeCamper SAS excludes any responsibility concerning the respect by the Host of any agreement or obligations concluded with thirds, as well as laws, rules and applicable regulations.
HomeCamper SAS recommends Hosts to sign an insurance adapted for the services which they suggest and reading attentively any insurance policy signed for the house and its outbuildings and making sure to acquaint and to understand any exceptions and any franchise it may contains. The Host understands and accepts that HomeCamper SAS does not act as insurer or contract employee for his account. Any agreement made by a Traveler having made a booking request of a Garden and staying there and his Host, commit only the aforementioned Host and Traveler, HomeCamper SAS not being a third.
The Host makes a commitment not to make appear or spread on the Site cross-references towards other sites the activities of which are rival or related to the Services, of cross-references towards personal pages or other sites.
For lack of the respect for capacities, HomeCamper SAS can, if necessary, delete the Account of the Member in the conditions described above.
Article 3 – Procedure of reservation, method of payment and invoicing
By depositing an Announcement on the Site of HomeCamper SAS, the Host invites in the delivery of a Garden to rent.
The selection of an Announcement is made by the information of criteria of research appearing on the Site. Members must set of filters allowing to target at best their researches for Gardens. Any booking request of an Announcement (below the ‘’Booking request’’) is made by respecting the site procedure of reservation.
A Traveler Member can visualize the description of a selected Announcement, dates of envisaged reservations, the asking price by the Host for the stay and the amount of Service fees (below ‘’Service fees’’) charged by HomeCamper SAS.
The Hosts can, following the nature of their activity, have different obligations concerning the collection of the VAT. The shown prices always include the applicable VAT.
Service Fees are established by a fixed amount and on one-part variable, to which comes to be added the amount of the current VAT. The Service Fees are calculated as follows: (1,5 euros exlusive of taxes + 18% of the price of the stay asked by the Host) x (1 + current VAT).
HomeCamper SAS is authorized to modify at any time the amount of the Service Fees. It does not apply to the already concluded rental agreements. If the amounts of commissions are modified by HomeCamper SAS, Members will be warned by email before their coming on the Site. If the Member refuses the modification of commissions, the registration in the Site is cancelled.
The modified commissions are opposable to rental agreements concluded later.
By clicking the link planned for that purpose, a Traveler can make a Booking Request for a Garden, to conclude a rental agreement either discuss with the Host by means of the internal messaging. In this case, a summary email of the Booking Request is sent to the Traveler. Also, a summary email of the Booking Request and a SMS message are sent to the Host holder of the concerned Announcement, which has a deadline of seven (7) days to accept it or refuse it formally. For lack of answer, after this deadline, the Booking Request is cancelled, and the Traveler is informed by email.
From the accepted authorization of payment, HomeCamper SAS warns the contracting parties with a confirmation email of the conclusion of the contract. It communicates then with the parties the data necessary for the formalization of the contract: the duration of the rent contract, the date in which it comes into effect, the identity of the parties and the total price composed of the rent price and de Service Fees of HomeCamper SAS. Based on these elements, the rental agreement is concluded.
Traveler and Host have in their online space HomeCamper, a detailed summary of the signed Services. HomeCamper SAS will emit an invoice of the Service Fees that it will have charged to the Traveler, according to legal requirements which are applicable to him. Traveler who whishes to obtain an invoice for the rent of a Garden will have to contact directly the Host.
The Traveler charges HomeCamper SAS from the booking conclusion, to pay the rent to the Host, seventy-two (72) hours after the execution of the contract. This rent is decreased from the Service Fees that must be paid to HomeCamper SAS.
The Host is solely responsible for the taxes payment on the income of his rents.
The Host must be capable of handing access to the Garden to the Traveler in the period suited by the rental agreement. It is up to the Host and the Traveler to agree on rent modalities for the Garden.
It is forbidden to the Members to by-pass the above-mentioned stages of reservation and payment, in particular the Service Fees of HomeCamper SAS.
Article 4 – Cancellation conditions and refund
Once the reservation is validated by both parties, the cancellations conditions defined cannot be modified neither by the Host, nor the Traveler. They have the possibility of cancelling the reservation, at the latest, forty-eight (48) hours before the day of arrival defined.
The cancellation of a reservation for the Traveler and the Host is made by the activation of the link ‘’Cancel booking’’ accessible in the online space HomeCamper, section ‘’My trips’’ or ‘’My bookings’’.
The booking refund is complete until forty-eight (48) hours before the arrival day defined (Service Fees HomeCampers SAS included). Within forty-eight (48) hours preceding the arrival day, the Traveler can aspire to no refund.
In case of interruption during the rent or non-appearance, the Traveler can aspire to no refund.
If the Garden is not handed according to the rental agreement, the Traveler has the right to cancel the transfer of the rent. In this case, the cancellation must be sent as soon as possible by email at email@example.com, with a justification. The complaints must be immediately sent to the Host so that he can propose a solution, and to HomeCamper SAS, within twenty-four (24) hours following the emergence of the problem. Beyond this deadline, HomeCamper SAS cannot guarantee the optimal processing of these complaints. A cancellation is only confirmed by the email return of HomeCamper SAS.
In case of repeated, abusive and non-justified cancellations, HomeCamper SAS reserves the right to ban the Host of the Site, and this without notice.
Article 5 – Evaluation system
HomeCamper SAS gives Members an evaluation tool allowing them to be mutually evaluated after the contract execution. The evaluation aims to inform Members of the reliable level which is granted to the Users. These evaluations are not controlled by HomeCamper SAS. The Members make a commitment:
- to give exclusively sincere, objective indications, strictly in connection with the execution of the contract,
- not to carry infringement of rights of third, in particular in the rights of the personality,
- to formulate no vulgar, obscene, racist or offensive remarks in the sense of the criminal law,
- not to register it personal information as for example a name, an email, an address, a phone number,
- to inform HomeCamper SAS in case of non-respect of the laws which precede by another Member by writing at: firstname.lastname@example.org.
Once published, the notices cannot be modified. They are durably protected in the profile of evaluation of Member and can be consulted by all other Members. HomeCamper SAS reserves the right to add precision to a notice for a better understanding of this one. HomeCamper SAS publishes an notice instead of a Traveler only in case the Host cancelled a reservation. A negative notice is then published automatically on the corresponding offer. If a user comes to make an excessive use of the evaluations, then HomeCamper SAS is exceptionally authorized to remove the evaluation.
HomeCamper SAS can block the account of a Member when:
- the Member received repeadly in the evaluation system, negative evaluations and when the blocking is imperative to protect the other Members interests,
- the Member heavily harms other Members, in particular by damaging their properties, by destroying them, stealing them, etc.,
If HomeCamper SAS blocks definitively the access of a user to his account, the latter is not entitled to reopen his account. The User does not have the right anymore to use the Site, nor to reregister.
Article 6 – Disponibility et modification of the Site
HomeCamper SAS makes every effort to offer a Service exempt from breakdowns as possible and to develop it according to the needs for the users. However, HomeCamper SAS can limit the use temporarily when it is necessary for the safety, the integrity, the limits of capacity and the execution of technical measures (maintenance work).
Article 7 – Responsability of the HomeCamper SAS Site
HomeCamper SAS accommodates on its Site, Announcements and messages published by users. HomeCamper SAS intervenes only as technical intermediary, answering the prescriptions of the article 6-I-2 for the Confidence in the Digital Economy law of June 21st, 2004. The responsibility of HomeCamper SAS towards thirds can be committed only after been notify by the illicit character of the Contents spread on the Site. It is what will lead HomeCamper SAS, on simple notification made in the terms of the article 6.I-5 of this law, to proceed of his only boss and by authority to the retreat of the corresponding files. The responsibility of HomeCamper SAS towards users can be committed only in case of non-fulfillment of its commitments resulting from GTU. The users are perfectly informed about the intermediary’s simple role of HomeCamper SAS which is to put in relation Hosts and Travelers. HomeCamper SAS cannot be held responsible for rent’s conditions proposed directly by Hosts as expected in the GTU, which concern them directly as well as in case of violation at the capacities of the current laws and regulations. The Host remains the only responsible for the obligation to inform Travelers of details relative to the rent of his Garden. He is solely responsible for the description of the rent’s conditions on the online Announcement which he proposes. HomeCamper SAS could not be held responsible for the loss of data introduced into spaces reserved for the users, specially those relating to the Contents which are published through the platform. The users completely became aware of guarantees and above-mentioned limitations of responsibility, essential conditions without which HomeCamper SAS would never have contracted. HomeCamper SAS does not intervene in the rental agreement conclusion between the Host and the Traveler. Accordingly, it exercised no control over the quality, the safety or the lawfulness of the rent proposed via the Site.
The protection of users’ personal data is our priority. We conform to the French and European laws on the data protection in the collection, the processing and the use of personal data. The personal information which are supplied to us by the users, voluntarily, is used within our Services framework.
For this, we use persistent cookies which remain on the user’s computer record once his browser closed: it simplifies our services of personalization and recording during the following visits on our Site. Cookies can store what the user selected. The user can always delete manually the persistent cookies.
The user recognizes and accepts expressly that some of his personal data collected by HomeCamper SAS for the management of its Announcement and the execution of the Request of Reservation, are communicated to the Travelers, after is concluded a rental agreement. It is about certain data such as names, first names, location of the Garden and the telephone number. Banking data are never shared.
CNIL (NATIONAL COMMISSION FOR INFORMATION AND CIVIL LIBERTIES)
According to statutory provisions n°78-17 of January 6th, 1978 modified by the law n°2004-801 of August 6th, 2004 relative to the computing, to the files and to the liberties, HomeCamper SAS has proceeded on March 27th, 2015 with the Commission Nationale de l’Informatique et des Libertés (CNIL) (National Commission for Information Technology and Civil Liberties) to the preliminary statement of the processing which it operates on the personal data concerning the users, according to the simplified standard n°48 deliberation CNIL n°2005-112 of June 7th, 2005 concerning the creation of a simplified standard concerning processing automated by personal data and concerning the management of the files of customers and prospects – JO (Gazette,Olympics) n°149 of June 28th, 2005) under the number 1862487.
As such, HomeCamper SAS watches the strict IT respect for statutory provisions and Liberties and opens straight ahead to every user, according to the article 34 of this Law to the access, the modification, the rectification and the abolition of the data concerning him by the sending of an email at the address email@example.com or by post at the following address: HomeCamper SAS - Service de protection des données personnelles - 39 rue Lagorsse - 77300 Fontainebleau – FRANCE.
Article 9 – Jurisdiction – Applicable Law
This GTU is governed by the French law.
Any complaint must be sent within fifteen (15) days maximum after the execution or the data planned execution of the Service signed by the Customer to the following address: HomeCamper SAS - 39 rue Lagorsse - 77300 Fontainebleau – FRANCE.
Any dispute which can be born on the execution or on the interpretation of the present GTU, for lack of a beforehand amicable settlement between the parts, must be subjected to the competent courts of the head office place.