Content, agreements and terms of use between the holder of the annual pass (hereinafter referred to as the user) and VanSite [VanSite UG (haftungsbeschränkt), Am Südhang 8, 33739 Bielefeld, www.vansite.eu]
I.
(1) Vansite operates the VanSite website/platform. This platform is an online marketplace that enables registered hosts and registered guests of nature-based pitches to book the nature-based pitches offered there by the hosts.
With the VanSite annual pass, users can rent these selected outdoor pitches for motorhomes from private providers, located away from campsites, at special rates via the VanSite website/platform.
(2) The VanSite annual pass is a subscription between the user and VanSite covering the user's option to rent outdoor pitches at reduced rates via the platform/website (online marketplace) operated by VanSite, www.vansite.eu.
(3) The discounts granted by the VanSite annual pass cover the amount of rent for the rented outdoor pitch. Excluded from the assumption of costs are services near the pitch and away from the pitch as well as the VanSite fees incurred for them.
Near-pitch services must be paid for separately if required and include:
Provision of electricity on site
Provision of fresh water
Provision of a shower
Provision of a toilet
Away-from-pitch services are all services bookable through the Vansite platform (online marketplace) and provided by the host that do not correspond to or serve the provision of the near-pitch services.
Beyond the price advantages, no further benefits are granted by the VanSite annual pass.
Additional services offered by the host can be booked, but are not subject to the discounts of the annual pass.
(4) By using the annual pass for bookings via the VanSite platform, the user can obtain discounted overnight stays, under the conditions listed below, with the hosts bookable via the Vansite platform (online marketplace).
(5) A prerequisite for being able to use this annual pass is the registration of the annual pass holder (user) as a future guest on the Vansite platform (online marketplace). The user must register there and create a user account. Registration and the creation of a profile require the creation of a user account.
For bookings made by the user via the VanSite platform (online marketplace), the special conditions agreed in the annual pass are automatically applied and taken into account, after registration, for each booking with the outdoor pitch hosts bookable via the Vansite platform (online marketplace).
Registration, at the latest, gives rise to the agreement on the use and on the content, agreements and terms of use described and listed in this annual pass between the user and VanSite.
(6) Through the VanSite annual pass, the user acquires a claim against VanSite to use the VanSite platform (online marketplace) under the conditions that arise from and apply to every registered user according to VanSite's General Terms of Use (ANB). Accordingly, and this is expressly pointed out here, VanSite's General Terms of Use (ANB) apply in addition. These ANB can be viewed on the website vansite.eu and can also be printed out.
If and to the extent that a valid booking of an outdoor pitch comes about via the VanSite platform (online marketplace), that is, a rental agreement between the host and the user for an outdoor area or outdoor pitch is validly concluded, the user is entitled to have the conditions agreed in the VanSite annual pass taken into account. Should this not happen, for whatever reasons, the user has a direct claim against VanSite for the granting and consideration of the conditions of this annual pass, if and to the extent that a valid booking has come about under the requirements and conditions agreed in this annual pass and in VanSite's ANB.
II.
These discounted options for using the outdoor pitches booked via the VanSite platform (online marketplace) include the following benefits under the following conditions:
(1) Bookings under the discounted conditions of the annual pass can only be made via the VanSite platform (online marketplace). Accordingly, and this is expressly pointed out here, the General Terms of Use of VanSite, which form the basis of the booking by the user and are validly agreed and confirmed to the user through the booking via the VanSite platform (online marketplace). These ANB can be viewed on the website vansite.eu and can also be printed out.
(2) These special conditions are granted exclusively to the registered user of an annual pass (the annual pass holder) themselves. If the respective outdoor pitch is not also by the registered user of an annual pass (the annual pass holder) personally used, the respective conditions not discounted by the annual pass apply between the respective host and the user.
(3) The prices of most outdoor pitches arranged through VanSite range from €5 to €40 per night and outdoor pitch. The prices are set by the respective hosts (landlords) of the outdoor areas or outdoor pitches themselves. To that extent, a contract on the use of the respective outdoor areas or outdoor pitches is concluded exclusively between the host and the user.
(4) Registered users of an annual pass receive discounted overnight stays under the stated conditions with unlimited booking frequency during the validity period.
However, the discounted options for using the outdoor pitches booked via the VanSite platform (online marketplace) are limited to one booking per booking or stay period.
In addition, the booking periods (length of stay per booking and host) are themselves limited. These limits are based on average usage behavior and are intended, in the interest of the hosts and in the interest of VanSite, to prevent continuous use under the discounted conditions.
The discounted booking conditions under the Jahrespass apply per booking for a maximum booking period of 3 consecutive days. One day corresponds to one overnight stay. The respective specific duration of use depends on the conditions agreed between the host and the user.
With the same host, the user may make a maximum of 7 bookings under the terms and conditions of the Jahrespass within 365 days (12 months). The calculation is made retrospectively from the time of the currently desired first booking day.
The user can book a maximum of 4 future bookings or booking periods for the use of outdoor pitches in the system. The reason for this limit is to prevent the user from planning a longer trip and booking pitches in advance for set dates. There is a risk here that, if the trip is not taken or in the event of cancellations due to a changed route, other users are deprived of the opportunity to use the outdoor pitches under the discounted conditions. The calculation is made in each case from the time of the first current booking and the currently desired first booking day.
The user may generate a maximum of 3 no-shows (failures to arrive despite a booking) within 365 days (12 months), in each case calculated back from the time of the current failure to arrive. The calculation is made retrospectively from the time of the respective first booking day. If this number is exceeded, the no-show calculation is based on the regular contractual conditions between host and user as guest, without taking into account the discounts from the Jahrespass.
The Jahrespass is valid for 2 people and one vehicle. The vehicle's license plate can be changed as needed. An extension can also be purchased, the Family & Friends package, which increases the number of people to a total of 5.
The full discount of the Jahrespass applies to all pitches without a 'Plus marking' on the platform. Pitches with this marking can be booked with a discount of 50%. With the Jahrespass Plus all pitches are available without restriction at the full discounts.
Because users can at the same time also be hosts registered on the VanSite platform (online marketplace), bookings may not be made for pitches that the user has listed themselves, in order to protect VanSite and the eligible companies.
(5) With each booking via the VanSite platform (online marketplace), the user is informed how the limit specifically affects the planned booking and which period can be booked at a discount under which conditions.
(6) VanSite creates, maintains and operates the VanSite platform (online marketplace), provides the platform for arranging bookings and guarantees the discounts from the Jahrespass. Payment transactions are also processed and communication between host and guest is arranged via the VanSite platform (online marketplace).
VanSite does not itself act actively as an intermediary between the hosts and users. Contracting parties of the user/guest for bookings via the VanSite platform (online marketplace) are exclusively the host and the guest/user. VanSite therefore does not itself become the landlord of the outdoor pitches.
III.
(1) The Jahrespass VanSite is valid for 12 months (365 days). The 12-month validity period begins on the day of activation. The validity period is calculated from and beginning with the day after the activation of the Jahrespass. The Jahrespass is activated by purchasing it in the VanSite web shop www.shop.vansite.eu .
(2) As a startup, VanSite has so far not been able to gather comparable experience as to whether and to what extent, in what number, to what degree and with what effects the Jahrespass is taken up by users. To avoid an economic emergency, VanSite may terminate the Jahrespass with one month's notice and immediate refund of the proportional subscription fees to the user.
A prerequisite for termination by VanSite is, to that extent, that the costs to be expected from granting the discounts through the Jahrespass (ZEK) exceed the revenues generated through use of the AnnualPass (U) by more than 50%.
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A detailed derivation of the expected costs (EEC) can be found in Annex 1 to the AnnualPass. Revenues (U) means all proceeds from the sale of AnnualPasses by VanSite.
If this condition is met, VanSite will notify the AnnualPass holder of the termination by email without undue delay. The termination takes effect one month after the notification reaches the AnnualPass holder.
In the event of termination, VanSite will grant the AnnualPass holder pro rata compensation (C). The derivation of this compensation can be found in Annex 2 to the AnnualPass.
(3) VanSite may also terminate the AnnualPass vis-à-vis the user with one month's notice if VanSite is unable to provide its contractual services, for example due to impossibility arising after conclusion of the contract, force majeure, strikes that are not merely temporary, or natural disasters, provided that VanSite is not responsible for this.
However, a termination declared on this basis by VanSite is only effective if VanSite has informed the user without undue delay after becoming aware of the unavailability of its contractual services and reimburses the user without undue delay for any consideration already provided.
In the event of termination, VanSite will grant the AnnualPass holder pro rata compensation (C). The derivation of this compensation can be found in Annex 2 to the AnnualPass.
(4) The terms and conditions of the AnnualPass may be changed. VanSite reserves the right to make reasonable changes to the AnnualPass terms vis-à-vis the AnnualPass holder with effect for the future.
VanSite will send the user the new version of the AnnualPass by email no later than four weeks before its planned entry into force and will inform the user of the intended changes.
If the user does not object to the new version of the AnnualPass taking effect within a period of four (4) weeks after the notification, the new version of the AnnualPass is deemed accepted by the user. In the notification, VanSite will inform the user of the right to object and the significance of the objection period. If the user objects to the changes within the aforementioned period, the contractual relationship continues under the original terms.
The user's right of termination remains unaffected by this.
IV.
If the user is a consumer within the meaning of Section (§) 13 BGB (German Civil Code), the user is entitled, in accordance with the statutory provisions, to a 14-day right of withdrawal. Reference is made to the corresponding notices and instructions under Section 6 of the ANB (VanSite General Terms of Use). These can be viewed at www.vansite.eu under the ANB (VanSite General Terms of Use), where they can be viewed and printed.
The right of withdrawal expires early if and as soon as the user (from the start of the first day of stay) first uses the AnnualPass to make use of corresponding services of a host.
The right of withdrawal also expires early if and to the extent that VanSite has fully provided its services and only began performing the service after the customer gave express consent to this and at the same time confirmed awareness of losing the right of withdrawal once VanSite has fully performed the contract.
A model withdrawal form is provided at www.vansite.eu in the ANB (VanSite General Terms of Use) under Section 6, Right of Withdrawal.
V.
(1) The following provisions apply to users who are consumers. 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 neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
(2) These terms of use and the contractual relationship between the parties are governed by the law of the Federal Republic of Germany, to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
If the user is a consumer and does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is VanSite's registered office in Bielefeld.
If the user is a merchant within the meaning of the German Commercial Code, an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the exclusive (including international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is VanSite's registered office in Bielefeld. In all cases, VanSite is also entitled to bring an action at the place of performance of the contractual obligation under these ANB or a superseding individual agreement, or at the user's general place of jurisdiction. Overriding statutory provisions, in particular those concerning exclusive jurisdiction, remain unaffected.
Misuse
Misuse of the AnnualPass, in particular unauthorized transfer to third parties, multiple registrations, manipulation of the booking system or other intentional misconduct, results in immediate blocking of the AnnualPass. Creating several user accounts by a single person or within a household for the purpose of mutually booking one's own pitches is expressly prohibited. VanSite further reserves the right to take legal action in such cases and to claim any damages incurred.
AnnualPass as a subscription & giftable AnnualPasses
By purchasing an AnnualPass, the user enters into a annual subscription ("AnnualPass subscription") with a term of twelve (12) months. Unless the AnnualPass subscription is cancelled at least one (1) month before the end of the current term, it renews automatically for a further twelve (12) months under the conditions then in effect.
Cancellation can be carried out at any time directly via the user account under Account settings → Pass. The cancellation takes effect at the end of the respective subscription period; periods already begun are not refunded on a pro rata basis.
The AnnualPass subscription is billed exclusively via our payment service provider Stripe. Upon entering into the subscription, the user grants a recurring payment authorization ("Recurring Payment"). The subscription amount is automatically charged at the start of each new subscription period. Price changes are announced in text form at least four (4) weeks in advance. If the user does not object to the price change and does not cancel the subscription before the start of the next period, the change is deemed accepted. The statutory right of withdrawal remains unaffected.
The AnnualPass can also be purchased and given as a gift via the shop. In the case of a gifted AnnualPass, the term and thus the subscription begin only upon activation in the recipient's account. Activation requires storing a valid payment method. For the first term of twelve (12) months, the recipient incurs no costs, as these were already fully covered by the purchase made by the gift giver.
After this first, already paid year ends, the AnnualPass renews automatically for a further twelve (12) months, unless it was cancelled at least one (1) month beforehand. The user's stored payment method is charged for this via Stripe. Before activation, the user is clearly informed that the AnnualPass converts into a paid subscription after the first period ends.
Annex 1: Determining the expected costs
The expected costs (ZEK) equal the sum of the previous costs (BK) divided by the average weighted remaining term (DGR) plus the sum of the previous costs. The previous costs (BK) comprise all expenses related to compensating hosts for making their area available to AnnualPass holders.
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The average weighted remaining term is taken as the mean of all weighted remaining terms.
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The weighted remaining term (GR) of the respective AnnualPass is based on the calendar months still outstanding for that AnnualPass, since a varying intensity of use is to be expected for these. The weighted remaining term of the individual AnnualPass equals the difference between the sum of all weightings (1.00) and the sum of all calendar months falling within the active period of the AnnualPass. The weighting is determined as follows.
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Example:
An AnnualPass is purchased in August. The formula above is applied to determine the weighted remaining term.
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In November, the AnnualPass has a weighted remaining term of 0.75.
Annex 2: Determining the compensation payable in the event of contract termination
The compensation (K) equals the gross sale price actually paid (VK), including VAT, for the pitch AnnualPass (including discounts and promotional prices), multiplied by the remaining weighted remaining term (GR) at the time of contract termination. The weighted remaining term (GR) is determined as described in Annex 1.
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Example:
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