Términos de uso

Gamping (hereafter known as “Website”) is a web platform, accessible at www.gamping.com operated by the Gamping company, a simplified joint stock company with 3,000 euros of capital, with its registered office located at 44 rue Cauchy Arcueil (94110) and is registered with the Paris trade companies under the ID number 801 286 162.

Said platform is dedicated to the publication of advertisements by Property Owners (as the term is defined in section 1.1) to Campers (as the term is defined in section 1.1) with an account (or the “User(s)”) by allowing them, under certain profile and contact conditions, to create and publish online.

The purpose of these Terms and Conditions (the “Conditions” or all together, the “Contract”) is defined by the terms and conditions governing the relationship between the Users and Gamping. These Conditions constitute a contractual agreement for an indefinite period of acceptance by the User of this Contract.

By clicking on “Register on Gamping” the User acknowledges having read the Terms and Conditions and agrees to be bound by them. If the user accesses the Website on behalf of a company or other legal entity, they are nevertheless bound by the Contract.

Last Updated: July 12, 2016


Article 1 – Website Registration

1.1 Definition of key terms

Unless they are defined in other sections of this Contract, the terms and expressions expressed below have the following meanings:

  • Advertisement” means an Internet post gathering the information posted online on a page dedicated on the platform of the Website by the Property Owner;
  • Camper” means any User wishing to rent land to camp on;
  • Camping” is the recreational activity of a of the Camper, with equipment to perform the essential activities in daily life, to temporarily use a portable shelter;
  • Property Owner” means any user posting an Advertisement on the Website to rent their land; and
  • Land” means any private land that the Property Owner has full access of.

1.2 Eligibility for Service

To be eligible for service (as the term is defined in Article 2), the User must be a physical person over the age of 18 and have full legal capacity.

1.3 Creation of an account

Creating a membership account on Gamping is a prerequisite to use the Services on the website. It requires completion of the registration form available on the website, providing accurate, current and complete information.

This information will be, thereafter, subject to regular updates by the user in order to preserve their accuracy. The User must use a valid email and choose a username and password, and must provide the following information: first name and last name. Access to the User account is strictly confidential. In case of unauthorized use of an account or any other breach of confidentiality and security, the User shall without delay inform Gamping.

Each User agrees to only create one account corresponding to their profile.

Creating an account allows the user to access the following Service(s):

  • • Creating and updating of the User profile
  • • Advertisement of Land (as such term is defined below); and
  • • Research and make contact with Users who have published an advertisement

Article 2 – Terms

2.1 Rental Payment

Assuming a Camper books Land via the Website, payment of the payment is done exclusively online on the Website, using a credit card that is in the name of the Camper.

Gamping receives a commission of 3€ for reservations that are less than or equal to 20€, or 15% for bookings that are above 20€. The price is set by the Property Owner for each property and is to be paid by the Camper.

Gamping uses the secure payment service provided by the company MangoPay. Members using the payment system recognize and accept the Terms and Conditions of MangoPay. Gamping has no access to confidential bank data (16 digit credit card number, the expiration date, and the CVV code), which are directly transmitted to the bank server.

The Camper is committed to their reservation as soon as it is “Paid” AND the Property Owner has “Accepted” the request. In case the Property Owner has “Declined” the reservation, it is cancelled and the payment is fully cancelled or refunded.

The recipient of the payment is the Property Owner who charged Gamping with the purpose of giving out their name and an invoice in their account, which is the entire sum that is due to the Property owner after Gamping’s commission is deducted - which is owed from the Property Owner and the Camper in accordance with the established policies and bank charges. Gamping will also issue an invoice to the Camper in their own name upon the payment of commission that is due from the Camper. The automatic registration systems are considered as proof of the nature of the content and the booking date.

Gamping confirms to the Camper the acceptance of their reservation by sending a confirmation message to the email address that the Camper has already given.

Gamping reserves the right to refuse or cancel the reservation of any particular User’s stated insolvency by the Camper or in the event of a default on the payment for the reservation or a dispute over a payment of a pervious reservation. The information indicated by the Camper, at the time of the input of inherent information at the booked reservation. Gamping is not responsible for any booking errors by the Users in the wording in the text fields to complete a reservation (for example billing address).

2.2 Cancellation of a booking and refund conditions

Once the Property Owner has “Accepted” a reservation request, the Property Owner or the Camper have the option to cancel the reservation until the stated day of arrival, at the latest.

For the Camper, a reservation is officially cancelled when the user clicks on the “Cancel” button, which is accessible by selecting Menu > My trips > “Cancel” and the booking status indicates “Cancelled”.

For the Property Owner, a reservation is officially cancelled when the user clicks the “Cancel” button accessed by selecting Menu > My Reservations > “Cancel” and the booking status indicates “Cancelled”.

If the cancellation takes place before the arrival date, the payment is repaid in full to the Camper (including the Gamping commission). If the request for cancellation is made after the arrival date or the Camper does not show up, no refund will be made.


Article 3 – Use of the Website’s Services

3.1 The Right to access of the Website

Gamping, according to the Conditions, grants limited dismissible, nonexclusive, nontransferable access to personal Services. Any use of the Website to the contrary is strictly prohibited and constitutes a breach in contract. To ensure proper use of the Website, it is required that the Website is optimized for:

  • • A screen resolution of 1280x768 pixels;
  • • The latest browser versions of Internet Explorer, Chrome, Firefox, and Safari.

All hardware and software necessary to access the Website and use of the Services are at the sole responsibility of the User.

Gamping reserves the right to suspend, modify, replace, refuse access or remove the accounts of any User at their discretion.

3.2 Responsibilities of the Users

The Users are prohibited from:

  • 1. Transmitting, publishing, saving or destroying material, especially any Gamping content is in direct violation of the laws and regulations concerning the collection, processing or transfer of personal information;
  • 2. Creating false profiles;
  • 3. Providing inaccurate information in the registration or not updating the information regularly;
  • 4. Distributing data, information, or content that is defamatory, abusive, obscene, offensive, violent or inciting violent, political, racist, or xenophobic character and any content that is acting in immoral behavior;
  • 5. Referencing or linking any content or informational that is available on the Gamping Website, unless explicitly authorized by the present Conditions;
  • 6. To get other Users’ passwords or personal information;
  • 7. The use of information, content or data contained on the Website in order to provide information to any service that would be considered competition to Gamping;
  • 8. To sell, exchange, make money off of information, content or data contained on the Website or Service offered through the Website without express written consent of Gamping;
  • 9. Removing or editing any material published by any other person by the Website, particularly in the context of an invitation from a new contact.
  • 10. Reverse engineering, decompiling, disassembling, decrypting, or otherwise attempting to obtain source code related to any intellectual underlying intellectual property used to provide some or all of the Services;
  • 11. To use manual or automatic software, coding robots or other means to access the Website in an attempt to extract or index any page on the Website;
  • 12. Endangering or attempting to endanger the security of the Gamping Website. This includes any attempts to control, scan or test the vulnerability of the system or network to breach security or authentication measures without express prior authorization;
  • 13. Counterfeiting or use of the products, logos, trademarks or other material protected by Gamping’s intellectual property rights;
  • 14. Simulate the appearance or function of the Website, in effect mirroring the Website;
  • 15. Disrupting or disturbing, either directly or indirectly, Gamping or their Services, or imposing a disproportionate burden on the infrastructure of the Website or attempt to transmit or activate a computer virus via or through the Website.

It is reminded that any violation of the security of the system or network can lead to civil and criminal prosecution. Gamping checks for any violations and can call on judicial authorities to prosecute, when appropriate, of users involved in any such violations. Users agree to use the Website in a fair manner, in accordance with its professional purpose, while complying with the law and the rules presented in the Terms and Conditions.


Article 4 - Use of the Website

The entire content of the site including, the design, text, graphics, images, videos, information, logos, icons, software, audio, and etc. that belongs to Gamping, which is the sole owner of all of the intellectual property rights. Any representation and/or reproduction and/or partial or total use of content and services offered by Gamping, by any means whatsoever without the prior written permission of Gamping is strictly prohibited and will lead to prosecution.


Article 5 – Personal Data

All personal data given to Gamping are collected legally and fairly. This data provided by the Users, who agree by creating an account on the Website, that they are voluntarily and expressly authorizing Gamping to process the data according to the Terms and Conditions.

To facilitate the use of the Website and customize the experience of the Website by the User, Gamping uses cookies and log files. Changing the browser settings can disable the use of cookies. The personal data is stored on the Gamping servers for their treatment in the Terms and Conditions. They are kept as long as necessary for the provision of services and features offered by the Website The User still retains ownership of the information given to Gamping. It has, in accordance with Law No. 78-17 on the 6 th of January 1978 amended by Act No. 2004-801 on the 6 th of August 2004, a right of access, of the correction and the deletion of personal data concerning the User and the right to oppose the disclosure of such data to third parties for valid reasons. The User may exercise their right by writing to the following address: contact@gamping.com or at the following mail address: 18 rue Milton 75009 Paris - France. A response to the User’s request will be sent within 30 days.


Article 6 – Liability

Gamping does not control the accuracy of the content generated by the Users, therefore, Gamping does not guarantee the accuracy of the information provided in the content and would in no way be held liable for this information. Only the User, with the exception of Gamping, is responsible for all data and information concerning what they have provided, that the given information are not accessible by the public and more generally, the User is solely responsible for their use of the Website. Gamping is under no general obligation to monitor the information provided by members, nor under any obligation to delete content that would not appear to be unlawful, despite the description. Gamping does not guarantee that the use by the User, of the Website will not infringe on the rights of other third parties.

Gamping does not guarantee the legality of the activity offered by the Property Owner on their land and in particular through the Website, nor the use of the Land by the Camper. Therefore, it is up to the Users to ensure the legality of the camping or other activities they plan and organize the legal and financial terms of their relationship they are solely responsible.

Gamping shall in no event be liable especially for:

  • 1. The consequences of virtual or real meetings between Users following use of the Website;
  • 2. The legality of Ads published on the Website;
  • 3. For any damage resulting from any wrongdoing caused by the User, or any and all events attributed to a third party unconnected with the coverage of the electronic signature service, or in the event of an act of God.

For all services offered on the Website, Gamping does not in any case guarantee the quality of rented land; the role of Gamping is limited to facilitating meetings between the Property Owners and the Campers. More generally, Gamping is not responsible in any capacity whatsoever for third party acts carried out by the Users via the Website. It is recalled that the data published by the Users and the information shared by them can be received and used by other Users or third parties. In this sense, Gamping does not guarantee respect for the property of these data, it the User’s responsibility to take all necessary measures to protect their own data.

Gamping does not guarantee the uninterrupted or error-free operation of the Services; Gamping is especially not to be engaged in case of interruption of access to the Website due to maintenance, updates, or technical improvements. Gamping is not responsible for any delay or failure of this Contract justified by any Act of God, as defined by case law of French courts and tribunals.


Article 7 – Termination

The User may at any time terminate this Contract by visiting the website and following the procedure provided for this purpose. Gamping reserves the right to restrict, suspend or terminate, without notice or refund, the account of any User who uses the Services improperly or inappropriately. The judgment of User behavior is reserved to the discretion of Gamping.


Article 8 – Contract of proof

Systems and computer files are authentic in relations between Gamping and the User. So Gamping legitimately occurs in any proceeding, as evidence data, files, programs, recordings or other items received, sent or stored by means of computer systems operated by Gamping on all digital or analog media, and rely absent of any obvious error.


Article 9 – Miscellaneous

9.1 Entirety and indivisibility of the Contract

The present Contract constitutes the entirety of the agreement between the User and Gamping. It supersedes any prior contract agreement, written or verbal. The fact that any of the provisions of the Contract is or becomes illegal or unenforceable shall not affect in any way the validity or enforceability of the remaining provisions of the Contract.

9.2 Changes in the Contract

Gamping reserves the right to amend, supplement or replace these Conditions. In case of refusal of the new provisions by the User, it is reminded that the User may at any time, in accordance with Article 7, terminate this Contract.


Article 10 – Settlement disputes

10.1 The conclusion, interpretation and validity of this Contract shall be governed by French law, whatever the country of origin of the User or the country from which the user accesses Gamping and notwithstanding any principles of conflicts of laws. In the event that a dispute over the validity, performance or interpretation of this Contract is brought before the civil courts, it will be subject to the exclusive jurisdiction of the courts of the Paris Court of Appeals, which is expressly given out authority, even if the case refers to multiple defendants.

10.2 The parties agree to submit, in any dispute that may arise in connection with the interpretation and/or implementation of these or in connection with this Website and/or purchase and/or attempted to purchase through it, to a conventional mediation or other alternative settlements. Customers may contact the Centre for Mediation and Arbitration of Paris, 39 Avenue Franklin Roosevelt, 75008 Paris, January 44 95 11 40, email: cmap@cmap.fr

10.3 In case of failure of this mediation process, the rules of the Code of Civil Procedure will apply.


Article 11 – Coupons

Only Gampers “members of the site who have an account” can benefit from a coupon. A coupon is a voucher that can be used as payment for a trip. It is not exchangeable or refundable, nor transferable. The Gamper can only use one coupon per transaction and they will have to pay the difference between the total travel amount and the face value of the coupon.

Coupons may have specific conditions of use, which are presented through the method of communication for the coupon released by Gamping such as:

  • - A minimum purchase amount
  • - A specific expiration date

Obtaining a coupon

A customer can get a Coupon:

  • - As a part of a promotional operation organized by Gamping or its partners, are limited to one coupon per person, per household. Any attempt to circumvent this limitation will cause irreversible termination of all accounts of the Customer and the prevention of creating a new account. The Gamping company reserves the right to request reimbursement of the sum of an unjustly used coupon and will prosecute in cases of refusal.
  • - In the case of a gesture of goodwill, the Coupon is valid for one year from its date of creation.

Menciones legales

Editor


  • www.gamping.es es propiedad de Gamping SAS
  • Dirección: 18 rue Milton 75009 Paris
  • Capital: 3 000€
  • 801 286 162 R.C.S Paris
  • Director de publicación: Joseph Léopold

Contacto


  • E-mail: contact [at] gamping.com

Hospedaje


  • The website is hosted by:
  • OVH SAS au capital de 10 000 000 €
  • Dirección: 2 rue Kellermann - 59100 Roubaix – France
  • N° TVA : FR 22 424 761 419 – Code APE 6202A
  • Teléfono: 0 820 698 765

CNIL


Déclaration CNIL N° 1658218