Terms and Conditions

Preamble

We are pleased that you want to become or have become a part of the You and a View family. Please read the following Terms and Conditions carefully. They contain important information about your contractual rights and obligations.

In addition to these Terms and Conditions, please also refer to our current Privacy Policy.

Definitions

• 1 Basic Provisions

(1) These General Terms and Conditions govern the legal relationship between SLBC and users of the platform. The General Terms and Conditions are an integral part of the contract in their version valid at the time of conclusion of the contract. Unless otherwise agreed, the inclusion of users' own terms and conditions is hereby rejected, and any deviating or supplementary contractual conditions of users do not become part of the contract.

(2) The platform is a mediation platform that allows registered users to (a) create and publish listings as hosts, offering parking spaces for overnight stays, (b) communicate with other users, and (c) conclude booking contracts between hosts and guests for the offered parking spaces and settle payments through SLBC. The responsibility of SLBC is limited exclusively to (a) providing the platform and (b) assisting hosts in payment processing as an authorized payment recipient.

(3) As the operator of the platform, SLBC is neither the owner, seller, reseller, nor provider of the parking spaces in the listings, nor does SLBC act as a travel organizer or travel agent. SLBC is also not a real estate agent or an insurance company. SLCB does not act as an agent for any specific user. When users make a booking or accept one, they directly enter into a contract with each other. SLBC is and will not be a contracting party or any other party to the contractual relationship between users.

(4) SLBC does not control or guarantee (a) the existence, quality, safety, suitability, or legality of the parking spaces offered in listings; (b) the accuracy or correctness of descriptions and photos in listings, reviews, ratings, or other user-generated content; or (c) the behavior or performance of a user or any other involved third party. Hosts are solely and exclusively responsible for their listings, the parking spaces offered therein, and the provision of all related services.

(5) Users are solely responsible for communication and interaction with other users. SLBC has the right, but not the obligation, to review communication and interaction between users.

(6) In order to promote the platform and increase the visibility of listings to potential guests, listings and other user-generated content may be displayed on other websites, in applications, in emails, as well as in online and offline advertisements.

• 2 Registration and Platform Agreement

(1) Registration is required for some functionalities and areas of the platform. U.S. citizens, individuals with permanent residence in the USA, or companies with a business address or branch in the USA are required to notify SLBC of this fact and to enter into an individual agreement with SLBC for platform usage.

(2) The prerequisite for registration is that the user has reached the age of 18. In the case of legal entities, the person acting on behalf of the legal entity must have reached the age of 18.

(3) Both natural and legal persons can register on the platform.

(4) There is no entitlement to registration. The reasons for rejecting a user's registration are at the discretion of SLBC.

(5) The user undertakes to always provide truthful and complete information on the platform. If the information provided by the user changes, the user is obliged to correct the information.

(6) By submitting the registration form, the user accepts these General Terms and Conditions and confirms that they have read and agree to the privacy policy. After submitting the registration form, the user will receive an email with an activation link to the email address provided by them. By clicking the activation link, the user confirms the accuracy of the email address provided by them (Double-Opt-In procedure). SLBC will notify the user by email of the successful registration ("Registration Confirmation"). With the Registration Confirmation, SLBC accepts the user's offer to conclude a contract for the use of the platform in accordance with these General Terms and Conditions ("Platform Agreement"). Upon conclusion of the Platform Agreement, the user receives an account ("Account"). With this Account, the user is entitled to use the platform.

(7) The user is obliged to keep their password for the Account carefully and to secure access to their Account carefully. They are responsible for ensuring that no unauthorized third party gains knowledge of the password. The user is obliged to keep the password confidential and to change it immediately if they suspect that unauthorized third parties have become aware of it. The user is obliged to inform SLBC immediately if there are indications that their Account has been misused by third parties.

(8) The hardware and software necessary for access to and use of the platform are generally the responsibility of the user. The user undertakes to secure the systems through which they use the platform against unauthorized access by third parties through the use of reasonable security measures (e.g., antivirus protection, firewall).

(9) SLBC is entitled to temporarily block the user's Account if the user seriously violates their contractual obligations under the Platform Agreement (including these General Terms and Conditions).

(10) SLBC reserves the right to deactivate, block, or permanently delete user accounts and listings at its own discretion.

(11) Users are solely responsible for complying with all laws, rules, regulations, and tax obligations that apply to their use of the platform.

(12) The user is obliged not to post any information and data on the platform that (a) infringe the rights of third parties; (b) spread hatred; or (c) violate personal rights and/or are otherwise unlawful or contain indecent, youth-endangering, and/or pornographic content.

(13) The platform may only be used within the concept described under §1(2) and in compliance with these General Terms and Conditions, with the prior consent of SLBC. Unlawful use of the platform by users that is incompatible with the platform's concept or these General Terms and Conditions is prohibited and entitles SLBC to terminate the Platform Agreement with the respective user in accordance with §9(7) and to assert damages as well as other claims (removal, injunction, etc.). Incompatible use of the platform includes, in particular, the following actions or assisting others in doing so:

• Using the platform for the distribution of unsolicited commercial messages ("spam messages");
• Copying, storing, or otherwise using information, including personal data, about users that is not in compliance with these General Terms and Conditions or our Privacy Policy or otherwise violates the privacy rights of users or third parties;
• Using robots, spiders, crawlers, scrapers, or other automated means or methods to access the platform, extract data or other content from it, or interact with it in any other way;
• Bypassing, disabling, disrupting, decrypting, or otherwise circumventing technical measures used by SLBC, a service provider appointed by SLBC, or a third party to protect the platform;
• Taking actions that may actually or potentially harm or negatively affect the performance or proper functioning of the platform;
• Attempting to decrypt, decompile, disassemble, copy, or reverse engineer the software used to operate the platform;
• Using the platform for market research, location analysis, competition, or competitive analysis;
• Using the platform to acquire customers or suppliers of goods and services;
• Using the platform to recruit users of the platform by SLBC's competitors or individual users;
• Using the platform for journalistic research and reporting;
• Using the platform for tracking, pursuing, or otherwise stalking or harassing other users;
• Using the platform to spy on other users and their private or business secrets;
• Using the platform to collect data and information about the private or business affairs of other users;
• Using the platform for political or otherwise public use of information obtained through the platform;
• Using the platform for purposes that contravene applicable law or these General Terms and Conditions.

(14) The user shall indemnify SLBC against all third-party claims based on a culpable breach of the user's obligations mentioned in this § 2.

• 3 Intellectual Property

(1) All elements of the platform, i.e., data and materials, including images, graphics, illustrations, designs, icons, photos, text, and other illustrations, are owned by SLBC or the licensors of SLBC or owned by the users and are protected by copyright, trademark law, and/or other intellectual property rights.

(2) The user may use the platform and its content, for example, store, print, or make it available to third parties, as far as this is directly related to the purpose of the platform.

(3) Any other use and/or reproduction of the content without the prior express consent of SLBC violates applicable law and is prohibited in accordance with these General Terms and Conditions.

(4) The use of automated systems or software to extract data from the platform, especially for commercial purposes, is prohibited.

(5) The user grants SLBC a non-exclusive right to store, reproduce, and process the materials, data, and information transmitted by the user or received on their behalf, to the extent necessary for the provision of SLBC's services under the platform agreement.

(6) SLBC is entitled to use photographic material and listing texts as well as reviews from guests and hosts for any of its own advertising purposes.

• 4 Availability

SLBC strives to offer unrestricted availability of the platform within the technical and economically reasonable limits. However, SLBC does not provide any warranty for this. In particular, maintenance work, security and capacity reasons, technical conditions, and events outside SLBC's control may lead to a temporary unavailability of the platform.

• 5 Data Protection

SLBC processes personal data of users as required in accordance with the Privacy Policy. When executing the platform agreement, SLBC will comply with all applicable data protection regulations, especially the General Data Protection Regulation and the Federal Data Protection Act. In addition, SLBC will take the technical and organizational measures to ensure adequate protection of personal data.

• 6 Liability of SLBC

(1) In cases of slight negligence, SLBC shall only be liable for the breach of material contractual obligations (cardinal obligations), with liability in this case being limited to the amount of foreseeable damage typical of the contract.

(2) Furthermore, the pre-contractual, contractual, and extra-contractual liability of SLBC is limited to intent and gross negligence as well as to damages resulting from the violation of life, body, or health.

(3) Liability for damages arising despite the assumption of a guarantee and liability under the Product Liability Act (ProdHaftG) remain unaffected by this.

(4) SLBC is not obligated and does not verify the accuracy and correctness of the content created by users of the platform and therefore cannot guarantee the information and data provided. Users are solely responsible for all data and information they provide. SLBC assumes no liability for any violations of the rights of third parties that may arise from the use of the platform by users.

(5) SLBC is not liable for the external use of published data by other users or third parties. Users are solely responsible for protecting their published data from external use.

(6) SLBC is not liable for failures or disruptions of the Internet and telecommunication infrastructure that are beyond the control of SLBC and that may lead to disruptions in the availability of the platform. SLBC is also not liable for temporary restrictions that are necessary for maintenance, updates, or technical improvements for technical reasons.

(7) SLBC is not liable for the legality of the activities of the hosts related to the parking spaces, nor for the use of the parking spaces by guests. Therefore, all users are responsible for the legality of their planned and executed activities and independently organize the logistical and financial conditions of their contractual relationship.

(8) SLBC is not liable for (a) the legality of the listings published on the platform, as well as the quality and equipment of the parking spaces; (b) the consequences of real or virtual meetings between users of the platform; (c) any damages arising from the behavior of users or third parties; or (d) in cases of force majeure.

(9) The limitation of liability also applies in the event of the fault of a vicarious agent of SLBC.

• 7 User's Liability

In the event that the user culpably breaches one or more of their contractual obligations, they shall be liable to SLBC for compensation for all direct and indirect damages resulting therefrom, including financial loss. This liability may also result in the user being required to indemnify SLBC against any claims by third parties resulting from these violations.

• 8 Third-party Content

To the extent that the platform contains links and references to third parties, especially other websites, SLBC has no influence on the current and future design and content of linked pages and therefore assumes no liability. The use of this third-party content is at the user's own risk. If users discover that SLBC has referred to pages with illegal or questionable content, SLBC kindly requests users to provide a notification to promptly remove such references.

• 9 Duration of the Contract and Termination of the Platform Agreement

(1) The term of the platform agreement is unlimited.

(2) The platform agreement can be terminated by either party with one month's notice to the end of the month in text form, subject to the conditions in (3) and (4). Termination of the platform agreement does not affect SLBC's entitlement to compensation pursuant to § 12.

(3) Hosts can only terminate the platform agreement with SLBC if they have fulfilled all their obligations from existing binding booking contracts with guests through the provision of the contractually agreed services.

(4) Guests can only terminate the platform agreement with SLBC if they have fulfilled all their obligations from existing binding booking contracts with hosts through the payment of the contractually agreed payments.

(5) The rights and obligations arising from the contracts between users, e.g., between the host and the guest, remain unaffected by termination of the platform agreement (regardless of the reason).

(6) The right to terminate the contract without notice for cause remains unaffected by the above regulations. Extraordinary termination is usually only possible after a warning, unless the breach of contract is so serious and/or incurable that a warning is not reasonable.

(7) SLBC has the right to terminate the contract without notice for cause against the user, especially when (a) other regulations refer to § 9 (7); or (b) the user breaches one or more of the contractual obligations under these General Terms and Conditions.

• 10 Listing and Booking

(1) The host can create and manage their own listings and parking spaces on the platform.

(2) The nightly rental price is set by the host. Prices for additional services and leisure activities are also set by the host.

(3) By clicking on the "List" button, the host makes their listing available to users on the platform and thus allows users to book their parking space(s). This constitutes an offer by the host to the users of the platform.

(4) By clicking on the "List" button, the host also warrants that the booking and use of the parking spaces they have listed by guests (a) do not violate any third-party rights, (b) comply with all applicable laws and regulations, as well as tax requirements, and (c) have all necessary permits or licenses. Further information on this can be found in § 14.

(5) Users can send booking requests to the host via the "Book" button after the listing has been published. If the host accepts the user's booking request by clicking on the "Accept Booking Request" button, this constitutes acceptance of the contract and the conclusion of a binding booking contract between the guest and the host. The host can automate the acceptance of booking requests by allowing direct bookings based on an availability calendar. In this case, all booking requests that match the availability of the calendar, which the host can set individually, are automatically accepted, and the listings are made directly bookable. Both the host and the guest are informed about the conclusion of the binding booking contract by email ("Binding Booking Confirmation").

(6) The Binding Booking Confirmation includes, among other things, the following information:

• Address of the parking space
• Check-in date
• Check-out date
• Duration of stay
• Booking price (rental price, if any, prices for additional services, and platform service fee)

(7) With the Binding Booking Confirmation, the host undertakes to provide the agreed-upon services - as described in the host's listing at the time of the booking request - during the booked period of stay.

(8) A Binding Booking Confirmation represents a limited right granted by the host to the guest to enter, stay, and sleep on the host's parking space for the booked duration of the stay. During this time, the host is entitled to access the parking space in accordance with applicable law and agreements with the guest.

(9) Guests are required to report serious complaints in writing or by telephone to SLBC within 24 hours of their arrival and provide detailed information or evidence (e.g., in the form of photos or videos) about the circumstances of the complaint.

• 11 Payment

(1) Any payment or other financial transaction is exclusively made in Euros.

(2) Payments are processed through external payment service providers. Users provide their payment information directly to the selected payment service provider through the platform and authorize SLBC to settle and collect due booking fees (rental fees, fees for additional services, and platform service fees) immediately through the provided payment method without requiring further user consent.

(3) Users commit to only providing credit cards or other payment methods that they are fully authorized to use. The terms of use for payment methods are solely governed by their respective providers.

(4) When a binding booking contract is established (per § 10), SLBC assists the host in payment processing as an authorized payment recipient through external payment service providers. The terms of use of the payment service provider apply. The host agrees to these terms of use. The host is obligated to provide SLBC with accurate and complete information necessary for payment processing promptly. Furthermore, the host authorizes SLBC to share all transaction information required for payment processing with the payment service provider.

(5) SLBC transfers the payments due to the host, deducting the platform service fees (according to § 12), to the payment method specified by the host.

(6) SLBC reserves the right to modify the payment processing and/or change the payment service providers at any time and will inform users by email in such cases.

• 12 Fees

(1) SLBC is entitled to a platform service fee upon the conclusion of a booking contract (per § 10), which is structured as follows:

• €3.99 per night for a nightly rental fee between €0.00 and €19.99
• 20% of the rental fee for all booked nights (host) for a nightly rental fee starting from €20.00

Examples:

• Offered nightly rental fee: €0.00
• Duration of stay: 3 nights
• Booking price for the guest: €12.00 (= €0.00 x 3 nights + €4.00 x 3 nights)
• Paid booking price to the host: €0.00 (= €0.00 x 3 nights)
• Platform service fee: €12.00 (€4.00 x 3 nights)

• Offered nightly rental fee: €10.00
• Duration of stay: 3 nights
• Booking price for the guest: €42.00 (= €10.00 x 3 nights + €4.00 x 3 nights)
• Paid booking price to the host: €30.00 (= €10.00 x 3 nights)
• Platform service fee: €12.00 (€4.00 x 3 nights)

• Offered nightly rental fee: €25.00
• Duration of stay: 3 nights
• Booking price for the guest: €90.00 (= €25.00 x 3 nights + (€25.00 x 3 nights x 20%))
• Paid booking price to the host: €75.00 (= €25.00 x 3 nights)
• Platform service fee: €15.00 (€25.00 x 3 nights x 20%)

(2) The platform service fee is generally due immediately and without deductions.

(3) SLBC reserves the right to change the fees at any time and will inform users by email in such cases.

• 13 Cancellation Policy

(1) A guest can request the cancellation of a booking only through direct contact with SLBC. SLBC will then attempt to find a solution together with the host and guest.

(2) A host can request the cancellation of a booking only through direct contact with SLBC. SLBC will then attempt to find a solution together with the host and guest.

• 14 Additional Important Information for Hosts and Guests

(1) Hosts are encouraged to familiarize themselves with the local applicable laws and regulations before creating a listing on the platform.

(2) Hosts and parking spaces are subject to laws and regulations at various levels (e.g., federal, state, municipal) that may affect and restrict the free provision of parking spaces for short-term rental to paying guests. In some areas, it may be necessary to obtain government permits or licenses before creating public listings and receiving guests. There may also be explicit prohibitions that could result in fines or other penalties for violations.

(3) It is solely the responsibility of hosts to comply with all applicable laws and regulations, rights, and obligations. SLBC does not assume responsibility for hosts' full compliance with these laws and regulations.

(4) Hosts alone are responsible for the quality and equipment of the parking spaces.

(5) Guests are encouraged to protect nature when staying outdoors and follow the Federal Nature Conservation Act, the Federal Forest Act, and the forest laws of individual federal states during their stay.

(6) Guests are responsible for leaving the site (including all items located at the parking space) in the same condition as they found it. Guests are liable for their own actions and omissions, as well as the actions and omissions of individuals accompanying guests, those invited by guests to the parking space, or those to whom guests otherwise grant access to the parking space (excluding the host and individuals invited by the host to the parking space).

(7) If a host demonstrates that a guest has caused intentional damage to a parking space or items located there, the host may demand reasonable compensation from the guest.

• 15 Contract Language and Storage of Contract Text

(1) The contract language is German.

(2) The complete contract text is not stored by us. Before registration or booking through the platform, you can print the contract data using the print function of your browser or electronically save it.

(3) Inquiries outside of our platform will receive all contract data within the scope of a binding offer in text form (e.g., via email), which you can print or electronically save.

• 16 Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at: https://ec.europa.eu/odr

Our email address: info@stadtlandbuscamping.de

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

• 17 Final Provisions

(1) Changes to these General Terms and Conditions will be communicated to the user by SLBC in an appropriate manner. If the user does not object to the changes within one month of receiving notice of the changes, they will be considered accepted. SLBC will inform the user of this consequence when notifying them of the changes.

(2) The user is only entitled to set-off or retention rights against SLBC to the extent that their corresponding claims have become legally effective and/or undisputed or are in a mutual relationship with claims of SLBC.

(3) In the event of the user's death, both the platform contract and the booking contracts will continue with the respective heirs.

(4) These General Terms and Conditions comprehensively and conclusively regulate the mutual contractual obligations between SLBC and the users.

(5) Should provisions of these General Terms and Conditions be or become wholly or partially ineffective, or should there be a gap in these General Terms and Conditions, this shall not affect the validity of the remaining provisions. In place of the ineffective provision, the provision that comes closest to the purpose of the ineffective provision shall be deemed agreed. In the event of a gap, the provision shall be deemed agreed that corresponds to what the parties would have agreed from the outset if they had considered the matter. This also applies if the ineffectiveness of a provision is based, for example, on a scope of performance or time (deadline or term) stipulated in this contract; in such cases, a legally permissible measure of performance or time (deadline or term) as close as possible to what was agreed shall replace the agreed provision.

(6) German law applies to these General Terms and Conditions, excluding (a) the rules of international private law; and (b) the United Nations Convention on Contracts for the International Sale of Goods.

(7) For users who are merchants within the meaning of the German Commercial Code, a public-law special fund, or a legal entity under public law, Hamburg is the exclusive place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions.

• 18 Revocation Policy and Right of Revocation for Consumers in the Platform Contract

Revocation Policy

Right of Revocation

You have the right to revoke this contract within fourteen days without giving any reasons.
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:

Stadt Land Bus Camping GmbH
Annette-Kolb-Str. 14
49610 Quakenbrück
Germany
Tel.: +49 (0) 5431 906618
Email: info@stadtlandbuscamping.de

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to revoke this contract. You can use the attached sample revocation form, but this is not mandatory.

To meet the revocation deadline, it is sufficient for you to send the notification of the exercise of the right of revocation before the revocation period has expired.

Consequences of Revocation

If you revoke this contract, we shall reimburse you for all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. 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 provided by the time you notify us of the exercise of the right of revocation with respect to this contract compared to the total scope of the services provided for in the contract.

Notice of Premature Expiration of the Right of Revocation

Your right of revocation expires prematurely in the case of a contract for the provision of services if we have fully performed the service and have only begun to perform the service after you have given your express consent and have confirmed your knowledge that you will lose your right of revocation if we fully perform the contract.

End of Revocation Policy
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Sample Revocation Form

(If you want to revoke the contract, please fill out this form and send it back.)

- To

Stadt Land Bus Camping GmbH
Annette-Kolb-Str. 14
49610 Quakenbrück
Germany
Tel.: +49 (0) 5431 906618
Email: info@stadtlandbuscamping.de

- 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 the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only when communicated on paper)

- Date

(*) Delete as applicable.

End of Revocation Form
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As of: February 19, 2023