Content, agreements and terms of use between the holder of the Annual Pass Plus (hereinafter referred to as the user) and VanSite [VanSite UG (haftungsbeschrankt), Am Sudhang 8, 33739 Bielefeld - www.vansite.eu]

I.

(1) VanSite operates the VanSite website/platform. This platform is an online marketplace that allows registered hosts and registered guests of nature-based pitches to book the nature-based pitches offered there by the hosts.

With the Annual Pass Plus users can rent selected outdoor pitches for campervans from private hosts via the VanSite website/platform at special rates. These pitches are located away from campsites.

(2) The Annual Pass Plus is a subscription between the user and VanSite for the user's ability 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 Annual Pass Plus cover the rental cost of the outdoor pitch. Excluded from cost coverage are pitch-related and non-pitch-related services and the VanSite fees incurred for these.

Pitch-related services must be paid for separately if required and include:

  • Provision of electricity at the pitch

  • Provision of fresh water

  • Provision of a shower

  • Provision of a toilet

Non-pitch-related services are all services bookable through the VanSite platform (online marketplace) by the host that do not correspond to or serve the provision of pitch-related services.

No additional benefits beyond the price advantages are granted by the Annual Pass Plus.

Additional services offered by the host can be booked, but are not subject to the Annual Pass discounts.

(4) By using the Annual Pass, the user can take advantage of discounted overnight stays with hosts bookable via the VanSite platform under the conditions listed below.

(5) A prerequisite for using this Annual Pass is the registration of the pass holder (user) as a future guest on the VanSite platform (online marketplace). They must sign up and create a user account there. Registration and the creation of a profile require the creation of a user account.

When the user makes bookings via the VanSite platform (online marketplace), the special conditions agreed in the Annual Pass are automatically applied and taken into account for every booking with hosts of outdoor pitches bookable via the VanSite platform (online marketplace) after registration.

Upon registration at the latest, the agreement on the use of the content, agreements and terms of use described and listed in this Annual Pass between the user and VanSite is concluded.

(6) By purchasing the Annual Pass Plus, the user acquires a right against VanSite to use the VanSite platform (online marketplace) under the conditions that follow from VanSite's General Terms of Use (GTU) for each registered user. The VanSite General Terms of Use (GTU) therefore apply additionally - this is hereby expressly noted. These GTU are available on the website vansite.eu and can also be printed out.

If and to the extent that a booking of an outdoor pitch is validly concluded via the VanSite platform (online marketplace), i.e. a rental agreement between the host and the user for an outdoor area or outdoor pitch is validly concluded, the user has the right to have the conditions agreed in the VanSite Annual Pass taken into account. If this does not happen, for whatever reason, the user has a direct right against VanSite to have the conditions from this Annual Pass applied and taken into account, provided that a valid booking has been concluded under the conditions set out in this Annual Pass and in VanSite's GTU.

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). The VanSite General Terms of Use therefore apply automatically - this is hereby expressly noted. They form the basis of the user's booking and are validly agreed upon and confirmed to the user by booking via the VanSite platform (online marketplace). These GTU are available 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 (pass holder) themselves. If the respective outdoor pitch is not also used by the registered Annual Pass user (pass holder) in person, the non-discounted conditions applicable between the respective host and the user apply.

(3)The prices of most outdoor pitches brokered through VanSite range from 5 to 40 euros per night per pitch. The prices are set by the individual hosts (landlords) of the outdoor areas or pitches themselves. A contract for the use of the respective outdoor areas or pitches is concluded exclusively between the host and the user.

(4) Registered users with an annual pass receive discounted overnight stays under the stated conditions, with no restriction onbooking frequency during the period of validity.

However, the discounted options for using outdoor pitches booked via the VanSite platform (online marketplace) are limited toone 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 behaviour and are intended to prevent permanent use at discounted rates, in the interest of hosts and VanSite.

The discounted booking conditions under the annual pass apply per booking for a maximum booking period of 3 consecutive days. One day equals one overnight stay. The actual duration of use in each case depends on the conditions agreed between the host and the user.

At the same host, the user may make a maximum of 7 bookings under the terms and conditions of the annual pass within 365 days (12 months). The calculation is made retrospectively from the date of the first day of the currently requested booking.

The user can book a maximum of 4 future bookings or booking periods for outdoor pitches in the system. The reason for this limit is to prevent users from planning a longer trip and booking pitches in advance for fixed dates. There is a risk that if the trip is not started or cancellations occur due to a change of route, other users lose the opportunity to use the outdoor pitches at discounted rates. The calculation is made from the time of the first current booking and the first day of the currently requested booking.

The user may generate a maximum of 3 no-shows (failure to arrive despite booking) within 365 days (12 months), calculated retrospectively from the time of the current non-arrival. The calculation is made retrospectively from the date of the first booking day in each case. If this number is exceeded, the no-show calculation is based on the regular contractual terms between the host and the user as a guest, without taking into account the discounts from the annual pass.

The AnnualPass Plus is valid for 2 people and one vehicle. The vehicle registration number can be changed as needed. An extension, the Family & Friends package, can also be purchased, which increases the number of people to a total of 5.

Because users can also be registered hosts on the VanSite platform (online marketplace) at the same time, bookings must not be made for pitches listed by the user themselves, in order to protect VanSite and the eligible companies.

(5) The user is informed with each booking via the VanSite platform (online marketplace) of how the limit applies to the planned booking and which period can be booked at a discount under what conditions.

(6) VanSite creates, maintains and operates the VanSite platform (online marketplace), makes the platform available for brokering bookings, and guarantees the discounts from the annual pass. In addition, payment transactions are processed and communication between the host and guest is facilitated via the VanSite platform (online marketplace).

VanSite does not itself act as an active intermediary between hosts and users. Contractual partners 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 AnnualPass Plus is valid for 12 months (365 days). The 12-month validity period begins on the day the annual pass is activated. The validity period is calculated from and beginning with the day after the annual pass is activated. Activation is completed by entering the code in the account settings under Pass.

(2) As a startup, VanSite has not yet been able to gather comparable experience as to whether, to what extent, in what numbers, and with what effects the annual pass will be adopted by users. To avoid financial difficulties, VanSite may cancel the annual pass with one month's notice and with immediate pro-rata reimbursement of the subscription fees to the user.

A prerequisite for cancellation by VanSite is that the expected costs arising from granting the discounts under the annual pass (ZEK) exceed the revenues generated by use of the annual pass (U) by more than 50%.

Formel 1 Pass

A detailed derivation of the expected costs (ZEK) can be found inAnnex 1 to the annual pass. The revenues (U) comprise all proceeds from the sale of annual passes by VanSite.

Should this condition occur, VanSite will notify the AnnualPass holder of the termination without delay by email. The termination takes effect one month after the notice reaches the AnnualPass holder.

In the event of termination, VanSite will grant the AnnualPass holder a pro-rated compensation (K). The calculation of this compensation is set out inAnnex 2to the AnnualPass.

(3)VanSite may also terminate the AnnualPass with one month's notice if VanSite is unable to provide its contractual services due to circumstances arising after the contract was concluded, such as impossibility, force majeure, prolonged strikes, or natural disasters, provided VanSite is not responsible for these circumstances.

A termination declared by VanSite for this reason is only valid if VanSite has informed the user without delay after becoming aware of the unavailability of its services and has immediately refunded any consideration already paid by the user.

In the event of termination, VanSite will grant the AnnualPass holder a pro-rated compensation (K). The calculation of this compensation is set out inAnnex 2to the AnnualPass.

(4)Changes to the terms and conditions of the AnnualPass are possible. VanSite reserves the right to amend the terms of the AnnualPass for the holder with effect for the future, to a reasonable extent.

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 draw the user's attention to the intended changes.

If the user does not object to the new version of the AnnualPass within four (4) weeks of receiving the notification, the new version is considered accepted by the user. VanSite will draw the user's attention in the notification to their 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.

IV.

If the user is a consumer within the meaning of Section (§) 13 of the BGB (German Civil Code), they have a 14-day right of withdrawal in accordance with the statutory provisions. Reference is made to the relevant notices and instructions in section 6 of the ANB (General Terms of Use of VanSite). These are available atwww.vansite.eu under ANB (General Terms of Use of VanSite) where they can be viewed and printed.

The right of withdrawal expires early if and as soon as the user (from the first day of the stay) uses the AnnualPass to make use of a host's services for the first time.

The right of withdrawal also expires early if and to the extent that VanSite has fully provided its services and has only begun performing the service after the customer has given their express consent and at the same time confirmed their knowledge that they lose their right of withdrawal upon full performance of the contract by VanSite.

A model withdrawal form is available atwww.vansite.eu in the ANB (General Terms of Use of VanSite) under section 6, Right of Withdrawal.

V.

(1)The following provisions apply to users who are consumers. The EU Commission provides an online dispute resolution platform at the following link:https://ec.europa.eu/consumers/odrThis platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

VanSite is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(2)These terms of use and the contractual relationship between the parties are governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that 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 § 14 BGB, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction, including internationally, for all disputes arising directly or indirectly from the contractual relationship is VanSite's registered office in Bielefeld. VanSite is in all cases also entitled to bring an action at the place of performance of the service obligation under these ANB or a prior individual agreement, or at the user's general place of jurisdiction. Mandatory statutory provisions, in particular regarding exclusive jurisdictions, remain unaffected.

Misuse

Any misuse of the AnnualPass Plus, particularly the unauthorised transfer to third parties, multiple registrations, manipulation of the booking system, or other deliberate misconduct, will result in the immediate suspension of the AnnualPass. Creating multiple user accounts by one person or within one household for the purpose of mutually booking each other's pitches is expressly prohibited. VanSite also reserves the right to take legal action and claim damages in such cases.

AnnualPass Plus subscription - issuance via trade partners and automatic conversion

The AnnualPass Plus is not available for general sale, but is issued exclusively through authorised trade partners. Once a valid Plus code has been entered in the user account, the AnnualPass Plus is activated for a term of twelve (12) months. During this initial term, the user will incur no additional costs, as the AnnualPass Plus is fully covered by the trade partner.

After the first term activated by the Plus code expires, the AnnualPass Plus will be automatically converted into a regular AnnualPass subscription ("AnnualPass subscription"). The renewal takes place under the conditions applicable to the standard AnnualPass, unless the user cancels the subscription at least one (1) month before the current term expires.

Cancellation can be made at any time via the user account under Account settings > Pass. Cancellation takes effect at the end of the respective subscription period; no pro-rata refund will be made for periods already in progress.

For automatic renewal after the first period, a valid payment method is required. Payment is processed through our payment service provider Stripe, which charges the recurring payment at the start of each new subscription period. Price changes will be communicated to the user in writing at least four (4) weeks before they take effect. The statutory right of withdrawal remains unaffected.


Annex 1: Calculation of expected costs

The expected costs (ZEK) equal the sum of previous costs (BK) divided by the average weighted remaining term (DGR) plus the sum of previous costs. Previous costs (BK) refer to all expenditures related to compensating hosts for making their pitches available to AnnualPass holders.

formel 2

The average weighted remaining term is calculated as the mean of all weighted remaining terms.

formel3

The weighted remaining term (GR) of each AnnualPass is based on the remaining calendar months of that AnnualPass, as varying usage intensity is expected for these. The weighted remaining term of an 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 defined as follows.

formel4

formel5


Example:

An AnnualPass is purchased in August. The formula above is applied to determine the weighted remaining term.

f5

In November, the AnnualPass has a weighted remaining term of 0.75.


Annex 2: Calculation of the compensation payable in the event of contract termination

The compensation (K) equals the actual gross selling price (VK) including VAT of the pitch AnnualPass (including discounts and promotional prices) multiplied by the remaining weighted term (GR) at the time of contract termination. The weighted remaining term (GR) is calculated as described in Annex 1.

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Example:

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