Terms of Service
Welcome to VanSite!
General and scope
The following terms and conditions apply to all contracts between the VanSite UG (haftungsbeschränkt) epresented by the managing directors Maximilian Buschmeyer and Sebastian S. Siegbert.Am Südhang 8 33739 Bielefeld Phone: +49 (0) 151 - 281 49 151 E-Mail: firstname.lastname@example.org Internet: www.vansite.eu USt.-IdNr.: DE123456789 Registered office of the company: Bielefeld Register court: Bielefeld Local Court Register number: HRB 43903(hereinafter referred to as "VanSite") and providers of near-natural spots (hereinafter referred to as hosts) and interested parties (hereinafter referred to as guests, collectively also referred to as "users") of the online marketplace can be reached at the link www.vansite.eu.These ANB apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. According to § 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Pursuant to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.Entrepreneurs within the meaning of these GTC are also authorities, corporations, institutions, foundations, legal entities under public law or a special fund under public law, which act exclusively under private law when concluding the contract.The ANB of VanSite shall apply exclusively. Deviating, contradictory or supplementary general terms and conditions or ANB of the User shall only become part of the contract if and to the extent that VanSite has expressly agreed to their validity.With respect to entrepreneurs, these Terms and Conditions shall also apply to future business relations without VanSite having to refer to them again. If the User uses conflicting or supplementary General Terms and Conditions, their validity is hereby objected to; they shall only become an integral part of the contract if VanSite has expressly agreed to them.
Subject of the contract
The VanSite website is an online marketplace that allows registered hosts and guests of natural sites in Germany to get in touch, to publish ads on the online marketplace and to book the natural sites offered there by the hosts as well as to communicate among the users.VanSite creates, maintains and upholds the online marketplace, but does not itself actively act as an intermediary between the Users. VanSite is therefore not itself a contractual partner of the contracts concluded between the Users. For the execution of the contracts, only the legal provisions in the relationship between the Host and the Guest apply, as well as any General Terms and Conditions or Cancellation Terms and Conditions of the respective Users among themselves that may deviate from these. Unless VanSite itself is also a service provider, VanSite shall not be liable for the proper execution of any contracts between the Users.
Services and use of the profile
When using the profile, the user can make use of various services or functionalities, which differ according to whether the user has registered as a host or guest.After successful registration, the Guest may use the following additional services or functionalities of the Online Marketplace:
Creation of a profile with the possibility of providing personal information and adding a profile picture
Adjustment of e-mail address(es), change of password, deletion of user account (account).
Customization of the desired e-mail notifications function including individual setting options
Linking a PayPal account to your own user account (payments)
Overview of all transactions made/reimbursed/rejected
Contact VanSite for verification as a host
Search function of natural spots on VanSite.eu on the basis of the desired location and other filters (e.g. price, suitable types of vehicles, maximum length of stay, equipment, etc.) in the categories VanSite spots and service stations
Calling up the detailed view of individual spaces
Receiving and sending messages to hosts
Reviews from hosts.
Calling the detailed view of individual footprints, which:
the description and the properties selected by means of the filtering options include
displays the host's profile picture, first name and rating
indicates the location of the footprint using a 500m radius on an interactive map
the booking menu for the respective parking spot includes
Booking of the parking spot via the booking menu
with indication of the period of the booking
In principle, anyone can become a host who owns a natural site in Germany on which tents or roof tents can be placed or camping vehicles can be parked.Hosts are themselves responsible for compliance with the statutory provisions. In this respect, the host is obliged to register a trade if there is a permanent economic activity. In contrast, no business must be registered if the near-natural site in Germany is offered for rent only occasionally and for a short period of time. If, on the other hand, a host wishes to offer a near-natural site in Germany on a permanent basis and/or for a longer period of time, a business registration is required. A business registration is also required if the host offers more than 3 spots.Hosts are required to provide adequate insurance coverage themselves.If the host is an entrepreneur as defined in section 1.2, he is also obliged to indicate to his guests the prices to be paid including VAT and other price components (total prices).The host himself is obliged to check the local laws, regulations and notification requirements and to obtain possible permits before offering a natural camping site in Germany via the VanSite website. Furthermore, the host who permanently or recurrently sets up more than 3 spots for tents or roof tents or camping vehicles is obliged to comply with the regulations on the design of camping sites in Germany, which are regulated in the state regulations of the respective federal states and in the Ordinance on Camping and Weekend Sites (CWVO). The user can find further information on the ordinance on camping and weekend sites (CWVO) of the federal states under the following links:
The host is obliged to ensure that the natural camping area offered by him is neither in a forest nor in a protected area (e.g. FFH and bird sanctuaries, nature reserves, landscape conservation areas), in which camping or parking of camping vehicles is prohibited.After successful registration, the host can make use of the following additional services or functionalities in addition to those listed in section 3.2:
Create advertisements for near-natural spots that specify, among other things, the following parameters of the near-natural spot: title (ad name), price in € per night, additional offers, all-wheel drive (4x4) required, self-sufficient vehicles only (self-supporting), vehicle/accommodation, max. length of stay [nights], facilities, surroundings, activities, location.
Deactivation of a created advertisement, so that it is no longer visible and can be booked
Restriction of the availability of the advertisement to selected times
Deletion of an already created advertisement
Freely accept or reject booking requests from potential guests
Receive and send messages to and from other users.
The concrete graphical and functional design of the contractual usage options, the expansion of the usage options with additional features or services or their supplementation with additional paid services are at the discretion of VanSite. VanSite is entitled to modify and adapt the concrete design at any time, while maintaining the possibilities of use that are the subject matter of the contract.VanSite is entitled to block access to individual contents or to the online marketplace at any time, e.g. if there is suspicion that the users violate applicable law, these ANB or the rights of third parties. The user can avert these measures if he eliminates the suspicion by presenting suitable evidence at his own expense. The user has no claim to the maintenance of individual functionalities in the online marketplace.The online marketplace is available to the user for an unlimited period of time at an annual average of at least 98.5%. Unavoidable, unforeseeable and extraordinary events that can lead to the unavailability of the online marketplace, such as power failures, hacking attacks, failures of the telecommunication lines from the transfer point to the Internet are not counted towards the availability minimum.VanSite is entitled to engage third parties as subcontractors for the provision of the contractually owed services. Furthermore, VanSite may transfer rights and obligations from this contract to one or more third parties (contract takeover). In case of a complete takeover of the contract, the User has the right to terminate the contract without notice.
Registration, conclusion of contract and user account
Admission and access to the online marketplace
Prerequisite for the use of the online marketplace as a host is a prior registration of the host as a guest and an approval as a host by VanSite. In order to be approved as a host on the online marketplace, a telephone conversation is held in advance with a VanSite employee, in which the nature and characteristics of the spot are discussed together. Following the conversation, VanSite decides whether the site is suitable and the user is approved as a host.There is no entitlement to admission or use of the online marketplace.In case of rejection of the application for admission, the user will be informed by e-mail.
Right of withdrawal
As a consumer, the user is entitled to a fourteen-day right of withdrawal in accordance with the statutory provisions.Further information on the right of withdrawal can be found in VanSite's cancellation policy.Cancellation policyConsumers have a fourteen-day right of withdrawal. Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of revocation, you must inform us (VanSite UG (haftungsbeschränkt), Am Südhang 8, 33739 Bielefeld, Tel.: +49 (0) 151 - 281 49 151, e-mail: email@example.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.Consequences of the revocationIf you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.If you have requested that the services begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already performed up to the time you notify us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract. The right of withdrawal shall expire prematurely if we have performed the service in full and have only started to perform the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us.Sample cancellation form(If you want to revoke the contract, please fill out this form and send it back.) - To VanSite UG (haftungsbeschränkt), Am Südhang 8, 33739 Bielefeld, Tel. : +49 (0) 151 - 281 49 151, e-mail: firstname.lastname@example.org - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) -. Ordered on (*)/received on (*) -Name of consumer(s) -Address of consumer(s)Signature of consumer(s) (only in case of notification on paper) -Date (*) Delete as applicable.- Ende der Widerrufsbelehrung –
General cooperation obligations of the user
The User may, without the express permission of VanSite, use the online marketplace only within the scope of the contractually required private and business purposes. Any misuse beyond this purpose is prohibited for the User.The User may not use messages with advertising content without the consent of VanSite and the User (Recipient) (in particular: spam messages).In the event that the Content contains hyperlinks to third party sites, the User warrants that he/she has the right to use the hyperlink and that the website to which the link is made ("Landing Page") is in compliance with applicable law and third party rights.The user is obliged to handle the login data with care. Without exception, the user is prohibited from disclosing the login data to third parties and/or allowing third parties to access the profile by circumventing the login data.The user is obliged to cooperate in the clarification of attacks by third parties on the online marketplace, insofar as this cooperation by the user is required.The user must refrain from any activity that is likely to impair and/or place an excessive burden on the operation of the online marketplace or the technical infrastructure behind it. This includes in particular:
the use of software, scripts or databases in connection with the use of the online marketplace
the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the online marketplace.
Furthermore, the User must ensure that his information transmitted via the online marketplace and posted data are not afflicted with viruses, worms or Trojan horses. The User agrees to compensate VanSite for all damages resulting from the User's failure to comply with these obligations and, in addition, to indemnify VanSite against all claims of third parties, including attorney's fees and court costs, which such third parties assert against VanSite due to the User's failure to comply with these obligations.It is also a violation of privacy and therefore not permissible to remove the anonymity of other users or to disclose information of other users from private messages, e-mails or chats that are not intended for the public. Users may not include in their posts or otherwise disclose any information that could reveal the identity of another user or that the user has received from other users exclusively in private messages, e-mails or chats.Furthermore, the following actions of the user in particular are prohibited and shall be considered as misuse of the online marketplace:
Systematic reading of other users' contact data for the purpose of passing it on to third parties
unreasonable harassment of other users through aggressive, obscene, insulting, defamatory or intrusive forum posts or messages
extensive or permanent use of the online marketplace for the publication and dissemination of content that does not factually correspond to the purpose or subject area of the online marketplace or its blogs and forums and that may impair the attractiveness of the online marketplace for other users
the use of other people's identities for registration, posting or sending messages.
Should there be any disruptions in the use of the online marketplace or its functionalities, the User shall inform the Operator of this disruption without delay. The same applies if the User obtains information about content published by third parties that obviously violates applicable law or the rights of third parties.
Obligations of the host to cooperate with regard to the posting of content
The host undertakes not to place any illegal content on the provided storage space that violates the law, official requirements or the rights of third parties.The host undertakes to the operator that any content posted in the online marketplace does not violate applicable law or morality either through its content or form. Furthermore, the user is prohibited from posting content that violates the rights, in particular trademark, patent, other industrial property rights or trade secrets of third parties. The same applies to the setting of external links. In particular, it is not permitted to distribute content that represents, concerns or contains.Insofar as the content provided by the Host violates applicable law, morality, legal or official prohibitions, VanSite may refuse the corresponding processing orders. A violation exists in particular in the case of the provision of content that concerns, represents or contains the following:
Racism and/or xenophobia
Harm to minors and/or glorification of violence and extremism of any kind
incitement and instigation to commit crimes and violations of the law, threats against life, limb or property
Hounding against persons or companies
Statements that violate personal rights, slander, defamation and defamation of users and third parties as well as violations of the law on fair trading
copyright infringing content or other infringements of intellectual property rights
sexual harassment of users and third parties
offensive, sexist, obscene, vulgar, vile or disgusting materials and expressions.
Content protected by copyright may only be included verbatim in contributions without the consent of the respective rights holder within the scope of the applicable quotation law. Quotations are to be marked by highlighting using the quotation function and indicating the source. Foreign-language quotations must also be translated into German to the extent that the content is roughly evident. In particular, incorrectly quoted contributions can be removed or corrected by the moderators. The distribution and/or public reproduction of any content of the online marketplace without the consent of the operator is prohibited.VanSite reserves the right to block third-party content if it is punishable under the applicable laws or is recognizably used for the preparation of punishable acts.
VanSite will respond to User inquiries regarding the use of the Online Marketplace in text form (by e-mail) upon receipt of the respective question.
Prices, Remuneration and Terms of Payment
Unless otherwise agreed, the service fee is based on the VanSite price list valid at the time the contract was concluded. The specified service fee is in EURO and is a gross price including the statutory sales tax applicable on the day of invoicing.
Unless otherwise agreed between the parties, the user is obliged to pay VanSite a service fee of 30.00% including the statutory sales tax applicable on the day of invoicing. A subsequent reduction in the booking amount does not affect VanSite's service fee.
The host is only entitled to set-off rights if his counterclaims have been legally established or are undisputedly linked to or recognized by VanSite's main claim.
If the host is an entrepreneur, the host has no right of retention unless the host's counterclaim stems from the same contractual relationship and is undisputed or has been legally established. Written notification to VanSite is required to assert the right.
If, after conclusion of the contract, it becomes apparent (e.g. through an application for the opening of insolvency proceedings) that VanSite's claim to remuneration is at risk due to the user's inability to pay, VanSite is entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - entitled to withdraw from the contract (§ 321 BGB).
Rights of use
The User grants VanSite a spatially and temporally unlimited, irrevocable, non-exclusive, gratuitous right, transferable to third parties, to exploit the posted Content in the online offer. VanSite is entitled to use, edit and exploit the contents at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of public access. The user waives the right to name the author. This provision does not affect the user's option to grant third parties rights to posted content according to certain licensing models.All rights to the contents of the online marketplace belong to VanSite. The user is prohibited from copying, distributing and/or publishing content that VanSite, other users or third parties have placed in the online marketplace.VanSite is entitled to delete or deactivate the contents posted by the User if these violate the rights of third parties or if third parties assert claims due to a violation of rights, the justification of which cannot be obviously excluded.If VanSite becomes aware of a possible infringement of rights by the User's content, it will immediately notify the User thereof in text form.
Liability and indemnification
With regard to the services provided by VanSite, VanSite, its legal representatives and vicarious agents are only liable in the event of intent or gross negligence.In the event of a breach of essential contractual obligations, liability also exists in the case of simple negligence, but limited to the foreseeable, contract-typical damage.Essential contractual obligations are those obligations that the contract imposes on VanSite according to its content to achieve the purpose of the contract . Cardinal obligations). Claims for damage resulting from injury to life, limb or health as well as under the Product Liability Act remain unaffected by the above restrictions.Otherwise VanSite accepts no liability.The user provides VanSite and its employees or agents in the event of claims due to alleged or actual infringement of rights and / or infringement of third party rights by the user in connection with the use of the online marketplace actions taken from all third party claims resulting therefrom, provided that the claims and liability are not at least predominantly represented by VanSite. VanSite is predominantly responsible for damages that have arisen causally on the basis of its rights of instruction under this contract. 254 BGB.In addition, the user undertakes to reimburse all costs that VanSite incurs as a result of use by third parties. The reimbursable costs also include the costs of an appropriate legal defense.
Personal data, data protection and copyrights
The user hereby consents to the storage of the personal data entered by him. This also applies to the storage of the IP addresses that are transmitted each time the online marketplace is used. The user particularly consents also in the presentation of the personal data entered by him in his profile display within the online marketplace for other users of the online marketplace and third parties who are not users of the online marketplace.The use of the online marketplace makes the collection, processing and use of personal data by VanSite unavoidable. VanSite guarantees that all stored data will be treated carefully and processed only within the scope of the data protection consent of the user Any further use of personal data will only be carried out by VanSite if this is legally permissible or the user has consented in advance.The user also agrees that VanSite may use the user's personal data for direct marketing purposes. This includes advertising to the user by email and post.Otherwise, the statutory data protection provisions apply, in particular the General Data Protection Regulation (GDPR), the new version of the Federal Data Protection Act (BDSG-new) and the Telemedia Act (TMG).Further details can be found in the data protection declaration available on the VanSite website under the link:
VanSite shall be released from the obligation to perform under this Agreement if and to the extent that the non-performance of services is due to the occurrence of circumstances of force majeure after the conclusion of the Agreement.Circumstances of force majeure include, for example, war, strikes, riots, expropriations, orders from higher authorities, pandemics, cardinal changes in law, storms, floods and other natural disasters, as well as other circumstances for which VanSite is not responsible, in particular water ingress, power failures and interruptions or destruction of data-carrying lines.VanSite shall immediately notify the User of the occurrence of a case of force majeure in an appropriate manner.
Contract term and termination
The user agreement runs for an indefinite period.The user is entitled to terminate the user contract at any time without notice and without giving reasons.The termination requires text form (by e-mail) or can be declared implied by deactivation of the user account by the user. In the event of termination, the user's profile will be deleted.VanSite is entitled to terminate the User Agreement with a notice period of one (1) month in case of use of a free user account.The right of each contracting party to terminate the contract without notice for good cause shall remain unaffected. An important reason exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties. VanSite is entitled, in addition to the notice of termination subject to a time limit, to terminate the user agreement without observing a time limit if there is an important reason. An important reason exists in particular if the User
persistently and seriously violates his contractual obligations (clause 7. and clause 8.);
fails to make due payments despite a reminder and a grace period or violates the contractual provisions regarding the use of the services
culpably and seriously violates legal regulations when using the online marketplace.
VanSite will exercise its right of ordinary termination and deletion of the User's account if the User has not logged in for at least one (1) year and has not responded to a reminder message.
Alternative dispute resolution
For users who are consumers, the following regulations apply. 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 contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.VanSite is not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Amendment of the Terms of Service (ANB)
VanSite reserves the right to change the ANB at any time without giving reasons, unless this is unreasonable for the User. VanSite shall notify the User of any changes to the ANB in text form in a timely manner. If the User does not object to the application of the new ANB within a period of four (4) weeks after notification, the amended ANB shall be deemed accepted by the User. VanSite shall inform the User in the notification about his right to object and the significance of the objection period. If the User objects to the amendments within the aforementioned period, the contractual relationship shall continue to exist under the original terms and conditions.VanSite also reserves the right to change these ANB,
to the extent that it is obliged to do so due to a change in the legal situation;
insofar as he thereby complies with a court judgment or an authority decision directed against him;
to the extent that it introduces additional, entirely new services, services or service elements that require a service description in the ANB, unless the existing usage relationship is adversely changed as a result;
if the change is merely beneficial to the user; or
if the change is purely technical or procedural, unless it has a significant impact on the user.
The user's right of termination remains unaffected.
The law of the Federal Republic of Germany shall apply to these ANB and the contractual relationship between the parties, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.If the User is a consumer and has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this Agreement shall be the place of business of VanSite in Bielefeld.If the User is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the place of business of VanSite in Bielefeld. In all cases, VanSite is also entitled to file a lawsuit at the place of performance of the service obligation according to these GTC or a prior individual agreement or at the general place of jurisdiction of the User. Overriding statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.