Glamping Hub USA Inc.
- Physical Address
- 990 S. Broadway, Denver. Colorado (USA)
- Contact Email
- Phone Number
- +1 720-212-0854
- Registration Data in the Commercial Registry
- Secretary of State - 20171593201
- Physical Address
- Cuesta del Rosario St, 8, House 1, 4th floor GH. 41004 Seville (Spain)
- Contact Email
- Phone Number
- +34 954 87 11 16
- Registration Data in the Commercial Registry
- Registro Mercantil de Sevilla, volume 5583, page 123, sheet SE-94585
Terms and Conditions
Glamping HubLast updated: May 24th, 2018 Version 1.1.
Please read carefully.
The terms and conditions (“Terms”) stated below, as may be amended from time to time, apply to your use of all products and services (“Services”) offered by the Glamping Hub Group (as defined below), and your use of glampinghub.com or any other websites, domains, subdomains, platforms, mobile apps and software made available to the public and operated by a member of the Glamping Hub Group (collectively referred to herein as, the “Site” or the “Platform”). The term “User” refers to the user visiting the Site and does not distinguish between the roles of a Host or Guest within the Site. The term “Host” refers to a User that lists or advertises an accommodation for rent on the Site. The term “Guest” refers to a User that requests a reservation via the Site to rent and stay at a Host’s accommodations.
You acknowledge that by using or accessing the Site, or by using the Services, you have read, understood, and agreed to these Terms. If you do not agree to these Terms, you may not access, view, or use the Site, or the Services.
By accepting these Terms, you are entering into a legally binding contract (“Agreement”) with the applicable Glamping Hub Group member from the list below, according to your country of residence, if an individual, or your principal place of business, if a legal entity (hereinafter referred to as “Glamping Hub,” “we,” “us,” or “our”). Your “country of residence” or “principal place of business” as the case may be, for purposes of the jurisdiction assigned to your User Account, will be determined by Glamping Hub in its sole and reasonable discretion.
If your country of residence, or principal place of business is the U.S., Canada, or any other country that does not belong to the European Economic Area, you will be signing a contract with:
- · Glamping Hub USA, Inc.
- · Address: 990 S. Broadway Denver Colorado
- · Contact email: firstname.lastname@example.org
- · Phone number: +1 720-212-0854
- · Tax ID: 82-1619937
- · Public record entry data: Secretary of State – 20171593201
If your country of residence or principal place of business is within the European Economic Area, you will be signing a contract with:
- · Ideadero, S.L. (parent company of Glamping Hub USA, Inc.)
- · Address: Cuesta Del Rosario, 8, Casa 1, 4-GH, Sevilla, 41004
- · Contact email: email@example.com
- · Phone number: +34 954 87 11 16
- · CIF: B90017468
- · Trade public record entry data: Registro Mercantil de Sevilla, tomo 5583, folio 123, hoja SE-94585
If your country of residence or principal place of business changes, the member of the Glamping Hub Group that you will be bound to by this Agreement will be determined by your new country of residence, or principal place of business, as of the date that the change took place. Glamping Hub USA, Inc. and Ideadero, S.L. are collectively referred to herein as the “Glamping Hub Group”.
The User must know that, in every case, the entity that manages Glamping Hub paid services is Glamping Hub USA, Inc., which does not limit your rights as consumer and User with respect to Ideadero S.L. if Ideadero S.L. is the entity of the Glamping Hub Group that you have entered into a contract with, based on your country or residence or principal place of business, as the case may be.
Also know, that for these services to be executed, the gathering and processing of certain personal data is necessary. The specific terms and conditions for this are displayed in our Data Protection Policy, the terms of which are incorporated herein.
PLEASE BE AWARE THERE ARE CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS. If you do not agree to these Terms, you may not access, view, or use the Site, or the Services.
Table of contents:
1. Scope of Service
2. Eligibility, User Verification, and Platform Use
3. Modifications of the Site or these Terms
6. Guest Bookings
7. Host Bookings
8. Guest Booking Payments
9. Host Booking Payments
11. Booking Modifications, Cancellations and Refunds
12. Disputes between Guests and Hosts
13. Gift Cards
14. Verified Guests and Hosts
16. Ownership, Property rights and Copyright Policy
17. Reviews and Ratings
19. Compliance with Laws and National Regulation
21. Payments Collection Agent
22. Electronic Communications
23. Term, Termination, and Glamping Hub Account Cancellation
25. Limitation of Liability
26. Entire Agreement
29. Choice of Law and Settlement of Disputes
30. Force Majeure
33. Class Action Waive
34. California Users
35. Responsibility for Travel Protection Insurance
1. Scope of service
This site is just a meeting place.
1.1 Glamping Hub is an online marketplace where Hosts can advertise their accommodations and through which Guests can inquire and reserve said accommodations (each, a “Booking”). For the Hosts to offer the occupancy of their vacant properties for a short period, and for the Guests to be able to proceed with their Booking, it is necessary for both of the parties to be registered on the Platform.
1.2 When Booking through glampinghub.com, Guests enter into a direct and legally binding relationship with the related Host, which Glamping Hub is not party to. Glamping Hub does not own, manage, or operate any of the accommodations listed on its Platform; sell, resell, offer, deliver, or supply any listings or Host services; nor is Glamping Hub an organiser or retailer of travel packages under Directive (EU) 2015/2302. Glamping Hub acts solely as a marketplace where Hosts can advertise their accommodations to be booked by Guests and also provides a set of third-party tools to accept and manage payments from Guests on behalf of the Hosts, which may be subject to the additional terms and conditions and privacy policies of such third-party providers. Hosts alone are responsible for their listings and Host services.
1.3 All the information regarding the accommodations listed on the Site is based on the information provided to us by the Hosts. Glamping Hub does not endorse any Hosts listed. The information disclosed on the listings is based on the information provided to us by Hosts. While Glamping Hub creates content on behalf of Hosts, all Hosts that market and promote their listings on Glamping Hub are given access to their listings via the Glamping Hub Dashboard (“GH dashboard”) through which they are responsible for updating all rates, fees, availability, and general content. Glamping Hub cannot guarantee that the information is accurate, is not responsible for any errors or omissions, and is not represented by any Hosts’ opinions, practices, or policies. Each Host is solely responsible at all times for the quality, condition, safety and legality of the accommodations advertised, accuracy and correctness of the lisitng information, including, but not limited to, the rates and availability displayed on our Site.
2. Eligibility, User Verification and Platform Use
2.1 You must be at least 18 years old and able to enter into legally binding contracts to use Glamping Hub’s services or register a Glamping Hub Account. By using Glamping Hub’s services, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 User verification on the Internet is difficult, and we do not assume any responsibility for the confirmation of any member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of members, (ii) screen members against third-party databases or other sources and request reports from third party service providers, and (iii) where we have sufficient information to identify a member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available). Glamping reserve the right to notify Users when it learns of actual or suspected fraud or illegal activity in connection with the Platform or the Services, however Glamping Hub does not assume any responsibility or liability for the fraud or illegal activity of a User and hereby disclaims any express or implied warranties or obligations with respect to making accurate or timely warnings when it knows or has reason to know that a User is using the Platform or the Services in a fraudulent or illegal manner.
2.3 The access to or use of certain areas and features of the Site may be subject to separate policies, standards, or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.4 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
2.5 Glamping Hub does not guarantee that the Site will always be available, work, or be accessible at any particular time while it is being modified.
2.6 We cannot guarantee that the Site will work as advertised or that it will give you any desired results.
3. Modifications of the Site or these Terms
3.1 Glamping Hub has the right, at its sole discretion, to modify the Site, or to modify these Terms, at any time and without prior notice. If any modifications are made to the Terms, such notification will be posted on these Terms on the Platform and update the “Last Updated” date at the top of these Terms and/or we may will also notify you of such changes to the Terms by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms.
4.1 You can register on Glamping Hub using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google.
4.2 GUESTS’ REGISTRATION
4.2.1 While being a user, registration is not required. You can send booking requests (“Booking Request”); receive, read, and answer messages from Hosts; accept and/or reject booking offers not being registered in the Platform.
4.2.2 You may create a Glamping Hub Account as a Guest (“Guest Account”) to send Booking Requests; receive, read and answer messages from Hosts; accept and/or reject Booking offers; cancel Bookings; and to change your Guest Account information. Your information will be collected and used in accordance with our Data Protection Policy.
4.2.3 When registering as a guest, you agree to register on behalf of yourself only and agree to provide us with truthful and accurate information regarding your Guest Account. We store a digital version of the Terms agreed to by you. You will be able to download them from your GH dashboard or by contacting us at firstname.lastname@example.org.
4.2.4 You are responsible for any activity involving your Guest Account; please contact us immediately at email@example.com if your Guest Account information has been compromised.
4.3 GUESTS’ REGISTRATION
4.3.1 As a Host, you may wish to create a listing for an accommodation on our Site (“Listing(s)”). In order to create Listings and publish them through our Platform, you must sign up and agree to these Terms to create an host account (“Host Account”). We store a digital version of the Terms you have agreed upon. You will be able to download them from your GH dashboard or by contacting us at firstname.lastname@example.org.
4.3.2 When registering, you agree to register on behalf of yourself or your company only and agree to provide us with truthful and accurate information regarding your Host Account.
4.3.3 You are responsible for any activity involving your Host Account; please contact us immediately at email@example.com if your Host Account information has been compromised.
4.3.4 You are responsible for having appropriate civil liability insurance for your Host services, in accordance with the law of the country, where the accommodation is located.
4.3.5 Upon receiving your sign-up, we will create your Host Account and give you access to your GH dashboard based on the information you provide us with. Your information will be collected and used in accordance with our Data Protection Policy.
4.3.6 You can create and manage all your Listings from your GH dashboard, where you can change and modify your Listings, including, but not limited to, rates, availability, property, and accommodation(s) information.
4.3.7 In order to create a Listing, Hosts will be required to provide certain information about the accommodations to be listed, including, but not limited to, location and surroundings, number of units and maximum capacity of each, rates, availability, amenities and facilities, taxes and fees, cancellation policies and photos. Once the Listing is published, Hosts can continue and are encouraged to make changes when necessary to the content. Glamping Hub will review any changes made to Listings by the Host and may modify these changes in accordance with our voice and brand before such information is published.
4.3.8 You agree that all the information provided to us is accurate and up-to-date, including, but not limited to, pictures, rates, availability, amenities and facilities and that your accommodation conforms to all applicable laws, taxes, and any other regulations. You release Glamping Hub from any liability and agree that you are solely responsible for any matter or issue regarding any applicable laws, taxes, or any other regulation regarding your use of this Site and your accommodations, Listings.
4.3.9 Please be aware that Glamping Hub reserves the right to refuse to list any accommodation or Listings, at any time, for any reason, and without any liability to you. We also reserve the right to terminate any confirmed reservation and/or Listing if Glamping Hub obtains any information that may compromise the safety of the Guest.
5.1 Glamping Hub may charge fees (“Glamping Hub Service Fees”) to Hosts ("Host Service Fees") and/or Guests ("Guest Service Fees") in consideration for the use of the Glamping Hub Platform and the Services provided.
5.2 The Booking Rate, security deposit (if applicable), Guest Service Fees, Host Service Fees and any applicable taxes or fees sum up to be the total (“Total Amount”) amount of the Booking.
5.3 GUEST SERVICE FEES
5.3.1 Guest Service Fees are calculated based on a number of factors, including, but not limited to, the nightly rate provided by the Hosts, the duration of the Booking, and the number of Guests.
5.3.2 The Guest Service Fees cover the transaction costs associated with transferring funds to Hosts. For each Booking, Guests are charged a Guest Service Fee based on a sliding scale between 0 and 13% of the Booking sub (the nightly rate plus any additional extra fees, except Guest service fees and taxes). This percentage will be placed on top of the final quote before the Booking Request is sent to the Host. The sliding scale of service fees is broken down into tiers that depend on the Booking subtotal. The more that a Guest spends on the subtotal of the Booking, the lower the percentage is for the Service Fee.
5.3.3 In the event that a Booking needs to be extended after confirmation, the Glamping Hub Service Fee will also be applied to this (these) extra night(s). In the event that a Booking needs to be amended to shorten a stay, the Glamping Hub Service fee for this (these) night(s) will be deducted.
5.3.4 In the event that the Booking is canceled by a Guest after confirmation by a Host, the Guest Service Fee is non-refundable. Glamping Hub is not required to refund the non-refundable Guest Service Fee under any circumstances, with the exception of the following events:
- · Weather/Natural disasters, such as:
- A. Earthquakes, which must have caused damage to the accommodation booked or to the major highways used to get to the accommodation.
- B. Flood/Severe Rain, which must be happened where the accommodation is located, not in the area where the Guest is coming from.
- C. Wildfires, which must have caused damage or have the potential or causing harm or danger to the Guest to stay on the accommodation, or if major roads leading up to the accommodation have been damaged, deemed unsafe, or are blocked.
- D. Hurricanes, which must be happened where the accommodation is located or near it, not where the Guest is coming from. If the Guest would like to cancel due to a hurricane in their area and is thus not able to travel to the accommodation and the Host is willing to refund the Guest, they are able to do so outside of the Platform.
- E. If there has been any damage to the accommodation due to weather that would cause the Guest to not be able to use an amenity advertised (ex: the water has been turned off, heat not working, leak in the roof, etc.).
- F. When the Host has confirmed that a natural disaster is happening in their area and would cause significant harm or danger to the Guest.
- In all above cases, the following requirements shall be fulfilled:
- - Weather will be checked and referenced using this site: http://worldweather.wmo.int/en/home.html.
- - The issue has to be confirmed to be within 50 miles of the affected area.
- - If a natural disaster has occurred, it has to have been within 1 month on either side of the of check-in date.
- - Hosts must have notified us and Guests also must have notified us prior to check-in.
- · Other Extenuating Circumstances:
- A. Death of an immediate family member (parents, siblings, grandparent, partner, or children) of any guest that forms part of the total travel party of the reservation. You must provide a death certificate within 2 weeks of death.
- B. Hospitalized Illness/Accident, of any guest that forms part of the total travel party of the reservation, for which you must provide the same signed and stamped waiver by a doctor that you would need to provide to an airline, job, or university.
5.4 HOST SERVICE FEES
5.4.1 There is no cost to being listed on our website for Hosts. However, Glamping Hub does charge a service fee of 4% to Hosts on any confirmed Booking through the Platform (“Host Service Fee”). This fee is calculated from the Booking subtotal, the nightly rate plus any extra fees, but excluding Glamping Hub fees and taxes. The Host Service fee is subtracted from the Total Payout (nightly rate plus extra fees minus the Host service fee) that is sent to the Host.
5.4.2 Glamping Hub will collect the Glamping Hub Service Fees at the time of Booking confirmation and will begin disbursing the Payouts to the Host 24 hours after the check-in of the Guest (except in the case of cancellation where a refund is due to the Guest, at which point the funds (according to the selected cancellation policy), will be released to the Host at the time of the cancellation).
5.4.3 VAT charges. Depending on the laws of the jurisdictions involved, VAT may be charged on top of the Glamping Hub Service fees.
5.5 CHANGES IN FEES
5.5.1 Glamping Hub reserves the right to change and alter Glamping Hub Service fees at any time prior to any Booking confirmation. If any changes to the Glamping Hub Services fee or commission structure occur, Glamping Hub shall notify the affected party. If a Guest or Host, fails to accept such change, their sole remedy is to terminate these Terms and to cease using our services. A Host or Guest continued use of our service after such notification shall constitute acceptance by Host or Guest of the fee changes.
6. Guest Bookings
6.1 After visiting the Site, you may wish to book accommodations with a Host. In order to submit an inquiry through the contact Host tool (Contact Host Form) or to make a Booking Request through Glamping Hub, you may either use a Guest Account or directly fill out a Booking or Contact Host Form.
6.2 Once you have decided on an accommodation, a Booking will need to be submitted. Glamping Hub offers two different ways to book accommodations: Booking Request and Instant Booking. It is up to the Host to decide the method with which they wish to accept Bookings. There is a third option for some of our accommodations, which is to contact the Host before submitting the Booking through the Contact Host Form.
6.3 BOOKING REQUEST
6.3.1 At the time of submitting a Booking, you will be required to enter your credit card details, at which point the Booking will be submitted, the status will be pending, and your credit card will not be charged, simply verified by a third party service provider. However, you will be held liable to the Total Fee once the Booking has been confirmed by the Host, which can in some cases take more than 24 hours. You will be required to pay in full the Total Fee of the reservation once the Host confirm the Booking Request. The Total Fee is comprised of the Booking Fees plus the Guest Service Fee (a non-refundable fee charged by Glamping Hub to the Guest). By submitting a Booking Request, Guests are accepting these Terms and agree to the relevant cancellation policies, as well as to the Host’s own rules and regulations.
6.3.2 After the Booking Request, the Host will then confirm or decline your Booking and/or communicate with you through Glamping Hub’s Platform via the message thread to discuss the details of your stay and, if needed, can send you new or additional offers for accommodation. Once the Booking is confirmed, we may share your information with the Host, and it will only be used for Booking-related purposes. Please visit our Data Protection Policy to know more about how we share and how we protect your personal information.
6.3.3 If you do not receive a response from the Host after 24 hours from the submission of your initial Booking Request, you will be able to withdraw the Booking Request at your discretion at no charge.
6.4 INSTANT BOOKING
6.4.1 On the Site, there are accommodations that do allow instant Bookings. When submitting an Instant Booking for an accommodation, you will be able to instantly reserve that accommodation, at which point you will receive a confirmation email and be fully charged the Total Fee of the Booking.
6.5 Host’s information, such as name, phone number, email address, accommodation name, and address will be included in the confirmation email and listed in the GH dashboard when your card has been accepted and the Booking has been confirmed.
6.6 All communication between Host and Guest must remain within the Platform until Booking confirmation. Inversely, as a Guest, the contact information will not be revealed until the Booking has been confirmed. In accordance with our Data Protection Policy, Glamping Hub will only reveal Guests’ personal data to provide the accommodation service.
6.7 Glamping Hub will notify Guests by email and/or through the dashboard every time they receive a Booking confirmation, a declined Booking Request, an offer, or a new messages from a Host.
6.8 Hosts on the Site have the right to decline a Booking Request to any Guest at any time, for any reason, without liability to the Guest. All accommodations listed are independently owned, and, as such, a Host may refuse animals or children based on health and safety reasons in accordance with public regulation or law. However, by accepting these Terms, all of our Hosts agree not to discriminate against any Guest based on sexual orientation, gender, race, religion. Ethnicity or nationality.
6.9 CONTACT HOST
6.9.1 Accommodations that comply with certain criteria, such as, but not limited to, high response rate, have the possibility of enabling the Contact Host Form, which allows Guests to message Hosts before submitting a Booking Request. This form will ask the Guest to include basic contact information so the Host can respond.
6.10 BOOKING OFFERS
6.10.1 After submitting a Booking Request or a Contact Host Form, the Host is able to send you new offers with different options in terms of dates, rates or alternative accommodations that you can accept or reject. Once the Guest accepts, the offer will become a confirmed Booking.
7. Host Bookings
7.1 As a Host, once a Listing has been successfully published, Guests will be able to book your accommodation via the Site based upon the information provided in your Listing.
7.2 Glamping Hub offers Hosts two different Booking methods in order to display Host’s accommodations in the Site to be booked: Booking Request and Instant Booking. It is up to the Host to decide the method to work with. However, in order to offer Instant Booking, Host’s accommodations will need to meet certain criteria, specifically, Hosts must have their rates and listing content up-to-date at all times. Most importantly, Hosts must instantly update calendar availability on the Glamping Hub Site, either manually or via an automated sync, any time they arrange for a Booking outside of the Glamping Hub Site. If Hosts would like to activate Instant Booking, they will need to contact firstname.lastname@example.org to ask to have it activated on their Listing(s), in which case a support staff member will ensure that their Listing(s) meets the above criteria.
7.3 Additionally there is an option for some of our accommodations, which is to contact the Host before submitting the Booking through the Contact Host Form.
7.4 BOOKING REQUEST
7.4.1 As a Host, when receiving a Booking Request, you must confirm, decline, or communicate with the Guest via our Platform, within 24 hours of the Booking Request. After 24 hours, the Guest will be entitled to withdraw the Booking Request.
7.5 INSTANT BOOKING
7.5.1 When a Guest submits an Instant Booking for an accommodation, the Booking is confirmed immediately, and the Guest will automatically receive a confirmation email and a SMS notification (for those who have signed up for the SMS feature). The Host will also automatically receive an email for the confirmed Booking, which includes the contact information of the Guest.
7.6 CONTACT HOST
7.6.1 If you would like this feature to be available on your Listing, please contact email@example.com. Once this option is enabled, you will receive a notification every time a Guest has sent a message through this feature. You will be requested to login to your GH dashboard, to answer this message as soon as possible and continue communicating with the potential Guest until a Booking is submitted.
7.7 BOOKING OFFERS
7.7.1 After a Guest has submitted a Booking Request or a Contact Host Form for one of your accommodations, you will be able to send the Guest a new offer with different options in terms of dates, rates or alternative accommodation that the Guest can accept or reject. Once accepted, the offer will become a confirmed Booking, behaving as such.
7.8 Hosts on the Site have the right to decline a Booking request to any Guest at any time, for any reason, without liability to the Guest. If a Host works with Instant Booking, it is understood that you will not have the right to refuse any guest. These are all independently owned accommodations, and, as such, a Host may refuse animals or children, regardless of public regulation or law. However, by accepting these Terms, all of our Hosts agree not to discriminate against any Guests based on sexual orientation, gender, race, religion, ethnicity, or nationality.
7.9 A Guests’ personal information, such as name, phone number, email address, and address, will be withheld until a Booking has been confirmed.
7.10 All communication is to remain within the Platform until Booking confirmation. Inversely, as a Host, the contact information will not be revealed to the Guests until the Booking has been confirmed. In accordance with our Data Protection Policy, Glamping Hub will only reveal a Host’s personal data for fulfilling Booking services.
7.11 Glamping Hub will notify you by email and/or through the GH dashboard every time you receive a Contact Host, Booking Request, a confirmation, a cancellation, or a new message from a Guest.
7.12 As a Host, you understand and agree that once you confirm the Booking or the Guest stays at your accommodation, you enter into a direct, binding agreement with the Guest. You understand and agree that Glamping Hub is not a party to such Agreement. Glamping Hub merely serves as a platform to list and show accommodations, manage Bookings, accept and process payments from the Guests on behalf of the Host, and ultimately disburse or direct disbursement of such payments to the Host after deducting any applicable fees (see Service Fees section).
8. Guest Booking Payments
8.1 Although your credit card may be charged at the time of Booking, please be aware that no Bookings are confirmed until after you have received a confirmation notification from a Host confirming the Booking.
8.2 All transactions will be finalized using a third-party merchant provider for the Total Fee displayed in the specific currency of the accommodation as listed on the check-out page.
8.3 Glamping Hub facilitates Bookings between Guests and Hosts, who may have to pay in a currency different from the destination currency, which may require currency conversions for both the Guest and Host. Please note that the final currency of payment may differentiate from the currency that the browser is listed in or the currency of the listed rates. Glamping Hub accommodates charges in USD, EUR, CAD, NZD, GBP, and AUD. Although Glamping Hub allows Guests to choose which currency to view the prices of Listings in, the currencies available for Guests and Hosts to make and receive payments in may be limited and may not include the default currency in any given geographic location. All other countries who charge in a currency not listed above may default to another currency listed at the check-out page. The total price in the currency that the Guest will be charged for is always on the check-out page in the Total Fee. Note that a third-party merchant provider may impose transaction, currency conversion, or other fees based on the currency or payment method the Guest selects to make or receive payments, and Glamping Hub is not responsible for any such fees and disclaims all liability in this regard.
8.4 Once a Booking Request has been confirmed, you agree to pay the Total Fee to Glamping Hub in accordance with these Terms. You also authorize us or our designated third-party payment processor to collect and charge such amounts to your credit card on file.
8.5 Glamping Hub provides support and will facilitate the Booking up to check-in. Guests are not required to provide their credit card information to Hosts outside of the Platform. Glamping Hub will not be liable for any extra charge occurring outside of the Platform.
8.6 As a Guest, you understand and agree that once you have a confirmed Booking, you enter into a direct, binding agreement with the Host. You understand and agree that Glamping Hub is not a party to such Agreement. Glamping Hub merely serves as a platform to list and show accommodations, manage Bookings, accept and process payments from the Guests on behalf of the Host, and ultimately disburse or direct disbursement of such payments to the Host after deducting any applicable fees (see Service Fees section).
8.7 You acknowledge and agree that: (i) Your payment is for a transaction between you and a Host and not with Glamping Hub; and, (ii) in any given transaction, either Glamping Hub or the PSP, as applicable, is a third-party payment facilitator operating on behalf of the Host. That is, where Glamping Hub acts in the capacity of agent for the receipt of a payment on behalf of a Host (thus concluding your payment transaction with the Host), and not acting on your behalf, as your agent for the sending of the payment. If for any reason Glamping Hub determines to acts in the capacity of agent in sending of money on your behalf, it would not in that case act as an agent of the payee. At no time, and in relation to any given transaction will Glamping Hub act simultaneously as your agent and as agent of the payee.
8.8 When Glamping Hub acts as the agent of the Host, and you are the Guest, the payment is deemed made to the Host when Glamping Hub receives your payment, thus extinguishing your payment obligation to the Host in the amount of the payment. At that point, the payment transaction between you and the Host is consummated; and, the Host shall have no recourse against you in connection with that amount due.
8.9 You will receive a confirmation from Glamping Hub acknowledging the processing of your payment.
8.10 Notwithstanding anything else herein, if you fail to pay Glamping Hub any amounts owed to Glamping Hub under this Agreement, Glamping Hub reserves the right, on its own or through a third party collection agency, and without limiting any of Glamping Hub’s remedies hereunder, to initiate a collection action against you to recover such funds. In such event, You agree to pay all costs and expenses, including without limitation, reasonable attorneys’ fees and other expenses, incurred by or on behalf of Glamping Hub in connection with the collection action.
8.11 You represent and warrant that you have the legal right and authority to utilize your payment instrument and authorize Glamping Hub to debit such payment instrument in accordance with this Agreement. You hereby authorize the charge to your payment instrument, in the amount you authorized Glamping Hub through the Services, which may include fees owed to Hosts, any relevant taxes Glamping Hub is obligated to collect on behalf of a governmental agency, and any fees owed to Glamping Hub. You also authorize the crediting or debiting of your payment instrument by Glamping Hub in connection with any fees owed to Glamping Hub, chargebacks, refunds, or adjustments made through the Service. You agree to sign and submit a direct debit mandate form (or other applicable bank form) to allow Glamping Hub to debit your bank account for fees and amounts you owe Glamping Hub.
8.12 For payments you believe were improperly processed, Glamping Hub may, in accordance with applicable law, void, rescind, or issue a credit for your payment made through the Service at any time prior to Glamping Hub making the payment to a Host. If a payment dispute arises after payment is made by Glamping Hub to a Host, the responsibility to settle the payment dispute rests with you and the host.
9. Host Booking Payments
9.1 For Hosts that have contracted with Glamping Hub U.S.A., payment for a Booking made through the Site is made directly from the Guest to the Host via either PayPal, Inc., doing business as Braintree Payments (the “PSP”) and not by Glamping Hub. Guests will be required to provide their payment method details to Glamping Hub and the PSP. Hosts may be required to register with the PSP, agree to the terms of service of the applicable PSP located at www.braintreepayments.com/legal/payment-services-agreement (the “PSP Services Agreement”), and go through a vetting process at the request of the PSP as a condition to set up their account with the PSP and receive funds. By accepting these Terms of Service, each Host agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Glamping Hub is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Glamping Hub has no obligations, responsibility or liability to any Host or other party under the PSP Services Agreement.
9.2 For Hosts that have contracted with Ideadero S.L., Glamping Hub will accept payment for Bookings made through the Site directly from Guests and will disburse funds via interbank transfer for a confirmed Booking to the Host the day after check-in for the given Booking. Subject to these Terms, Glamping Hub will send to Host’s designated bank account all amounts due to Host for its Bookings, minus any fees, reversals, invalidated payments, chargebacks, refunds or other amounts owed to Glamping Hub by Host under this Agreement. If the Booking funds held by Glamping Hub are not sufficient to cover the amounts due, you agree that we may debit your bank account for the applicable amounts, and/or set-off the applicable amounts due against settlement amounts from future Bookings. Upon Glamping Hub’s request, you agree to provide Glamping Hub with all necessary bank account routing and related information and grant Glamping Hub permission to debit amounts due from your bank account.
9.3 Payments to a Host by Glamping Hub are subject to delays, due to bank holidays and specific banks’ efficiency levels. Please note, that Glamping Hub does not cover any third-party fees when transferring payment to Hosts, including, but not limited to, PayPal, TransferWise, bank transfers, and currency conversion fees and the cost of any such fees assessed to Glamping Hub will be deducted from the Booking amounts due.
9.4 Hosts who accept credit card, banking or other payment information from Guests agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements, card organization rules and best practices.
9.5 Glamping Hub, in its sole discretion, may place a reserve on a portion of amounts due to a Host in the event that we believe that there is a high level of risk associated with your business. If we place a reserve on amounts due to a Host, we will provide the Host with notice specifying the terms of the reserve. The terms may require that a certain percentage of your amounts due for Bookings are held for a certain period of time, that a fixed amount of your settlement proceeds are withheld from payout to you, or such other restrictions that Glamping Hub determines in its sole discretion. Glamping Hub may change the terms of the reserve at any time by providing you with notice of the new terms. Glamping Hub may hold a reserve as long as it deems necessary, in its sole discretion, to mitigate any risks related to a Host’s Bookings. You agree that you will remain liable for all obligations related to your Bookings even after the release of any reserve. In addition, we may require you to keep your bank account available for any open settlements, chargebacks and other adjustments.
10.1 As a Host, you are solely responsible for determining your obligations to report, collect, remit, or include in your Listing through your Dashbarboard (Taxes and Extra Fees section) any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes, or income taxes ("Taxes").
10.2 You understand that any appropriate governmental agency, department, and/or authority ("Tax Authority") where your accommodation is located may require taxes to be collected from Guests or Hosts on Listing Fees and to be remitted to the respective Tax Authority. The laws in different jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes," or "tourist taxes" ("Occupancy Taxes").
10.3 Hosts are responsible for updating their tax information on their GH dashboard and include the appropriate percentage to be added to the Total Fee of the Booking displayed to the Guest.
10.4 Tax regulations may require us to collect appropriate Tax information from Hosts. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
11. Booking Modifications, Cancellations and Refunds
11.1 All Hosts are required to select a cancellation policy for their accommodations that will be visible and applicable to any payment made by the Guest. As a Guest, you are encouraged to fully read and understand the different cancellation policies we offer, of which the Host must select one, before Booking any accommodations through our Site. As a Guest, if you wish to cancel any Bookings or wish to have a refund issued, please request a cancellation or refund through your Glamping Hub Account or contact us at firstname.lastname@example.org.
11.2 If an accommodation proves to not be available due to a failure by Host (e.g., a double Booking), the Host must provide the Guest a full refund regardless of their cancellation policy.
11.3 If a Guest does not accurately represent their party in their reservation (i.e., age, extra Guests, pets, children, etc.), and the Host will not allow the extra Guests or pets and/or requests the Guest to leave the accommodation, the Guest loses their right to any refund at that time.
11.4 Please note that the Guest Service Fees are non-refundable fees once the Booking is confirmed by the Host. Although a Booking may be fully refundable according to the cancellation policy, the service fee is always non-refundable.
12. Disputes between Guests and Hosts
12.1 In the event of any disputes between a Guest and a Host, Glamping Hub may, at its discretion, assist in resolving such dispute. However, both Guests and Hosts agree that Glamping Hub is not responsible for and has no liability regarding any Guest/Host disputes or said disputes’ resolution.
12.2 If a Host claims and provides evidence that you as a Guest have damaged an accommodation or any personal or other property at an accommodation ("Damage Claim"), the Host can seek payment from the Guest. If a Host escalates a Damage Claim to Glamping Hub, the Guest will be given an opportunity to respond. If the Guest agrees to pay the Host, or Glamping Hub determines in its sole discretion that the Guest is responsible for the Damage Claim, we will collect any such sums from you (Guest) and/or against the security deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Glamping Hub also reserves the right to otherwise collect payment from the Guest and pursue any remedies available to Glamping Hub in this regard in situations in which the Guest is responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Host guarantee.
12.3 Users agree to cooperate with and assist Glamping Hub in good faith, and to provide Glamping Hub with such information and take such actions as may be reasonably requested by Glamping Hub, in connection with any Damage Claims or other complaints or claims made by members relating to accommodations or any personal or other property located at an accommodation (including, without limitation, payment requests or experiences).
12.4 If a Guest should file a dispute with their credit card company, they give Glamping Hub the right to produce all information obtained from the Guest in order to fight the dispute; including but not limited to: emails, messaging within the Platform, transcripts of phone conversations, photos provided by the Host, etc. If a Guest chooses to file a dispute with their credit card company, Glamping Hub will not issue any type of refund until the dispute is dropped or a mandated refund is required by the bank.
13. Gift Cards
13.1 Gift Card services consist in the acquirement of credit to submit Booking Requests and Instant Bookings through the Platform, from a User benefiting a third party whose data appears in the content of such Gift Card. Whoever is entitled to this Gift Card has the right to enjoy the Booking credit to the extent and the condition outlined in this agreement for Guest Booking.
13.2 Gift Cards are generally generated in digital format and can be sent to an email address or by request of the User making the acquirement, a physical format can be sent to a postal address.
13.3 Gift Card terms and conditions (last updated October 16, 2018) are as follows:
- · Gift Cards can only be redeemed on Glamping Hub Site.
- · Gift Cards must be redeemed within 12 months of the purchase date.
- · The Gift Card amount will be subtracted from the Total Fee at the time of payment.
- · Gift Cards are non-refundable; the amount can only be redeemed through Glamping Hub’s website in a single Booking.
- · Only one Gift Card can be used per Booking transaction.
- · Gift cards cannot be used retroactively for Bookings already requested.
- · When purchasing a Gift Card, the buyer must choose a currency. Please note that when redeeming said Gift Card, the Booking will be finalized in the currency where the accommodation is located.
- · The complete amount of the gift card must be used on a single Booking. Whatever remains on the gift card after that Booking will be lost.
- · If you have more than one gift card, they can be accumulated.
14. Verified Guests and Hosts
14.1 Verified Guests are those who have previously booked through Glamping Hub, have stayed with a verified Host, and/or who have provided payment and contact information that has been verified to be correct by us.
14.2 Verified Hosts are those who have previously hosted a Glamping Hub Guest, whose ID has been authenticated and/or has provided the following data, which has been verified to be correct by us, including, but not limited to: phone number, email, and physical address.
15.1 Glamping Hub may, at its sole discretion, enable Hosts/Guests/third parties to (i) create, upload, post, and submit, or transmit, publish, and store photos, diagrams, text, videos, sounds, images, or information (Content) on or through the Platform and (ii) access and view Hosts/Guests/third parties Content and any Content that Glamping Hub itself makes available on or through the Platform, including proprietary Glamping Hub Content and any Content licensed or authorized for use by or through Glamping Hub from a third party.
15.2 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Glamping Hub Platform or Content, except to the extent you are the legal owner of certain Content or as expressly permitted in these Terms.
15.3 HOSTS’ CONTENT CREATION
15.3.1 We may, at our sole discretion, permit Hosts to create, post, upload, publish, submit, or transmit Content. By making available any Content on or through the Site, you hereby grant to Glamping Hub a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, and access such Content on, through, or by means of the Site. Glamping Hub does not claim any ownership rights to any such Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.
15.3.2 You acknowledge and agree that you are solely responsible for all Content uploaded, created, transferred, and sent through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Site or you have all rights, licenses, consents, and releases that are necessary to grant to Glamping Hub the rights in such Content, as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission, or transmittal of the Content or Glamping Hub's use of the Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, rights of publicity, or data protection, or result in the violation of any applicable law or regulation.
15.4 LISTING BOOSTING
15.4.1 Host’s Listings will be boosted in a search ranking based on an algorithm that takes into account several different factors including, but not limited to, response rate, consistent confirmation of Bookings, quality photographs, quality reviews, quantity of Bookings received, calendar availability, rates accuracy, etc. If Hosts or Guests have any further questions regarding how this algorithm works or how to improve the boost of a Listing, Glamping Hub can be contacted at email@example.com
15.5 PROFESSIONAL PHOTOS
15.5.1 Glamping Hub may offer Hosts the option to have professional photos taken of their accommodation. The media professional, who will be contracted by Glamping Hub, will send the edited photos to Glamping Hub which are to be included in the hosts’ listing(s). Glamping Hub will then distribute the photos to the host accordingly. The host is responsible for ensuring that these photos accurately represent their accommodation(s) on Glamping Hub; any specific requests or deliverables must be agreed upon with Glamping Hub and the media professional prior to the event.
15.5.2 You (Host) acknowledge and agree that Glamping Hub shall have the right to use any of these images for advertising, marketing, and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you.
15.5.3 Where Glamping Hub is not the exclusive owner of these images, by using them on or through the Glamping Hub Platform, you grant the Site an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable, and transferable license to use such images for advertising, marketing, and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Glamping Hub, in turn, grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use these Images outside of the Platform solely for your personal and non-commercial use.
16. Ownership, Property Rights and Copyright Policy
16.1 The Glamping Hub Platform and Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries where Glamping Hub provides its services. You acknowledge and agree that the Glamping Hub Platform and Content, including all associated intellectual property rights, are the exclusive property of Glamping Hub and/or its licensors or authorizing third parties. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Glamping Hub Platform and Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Glamping Hub are trademarks or registered trademarks of Glamping Hub in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with the Glamping Hub Platform are used for identification purposes only and may be the property of their respective owners.
16.2 Glamping Hub respects copyright law and expects its Users to do the same. It is Glamping Hub's policy to terminate in appropriate circumstances the Glamping Hub Accounts of Users or other account holders who repeatedly infringe, or are believed to be repeatedly infringing, the rights of copyright holders.
16.3 All trademarks, service marks, logos, trade names, and any other proprietary designations of Glamping Hub used herein are trademarks or registered trademarks of Glamping Hub Inc. and/or Ideadero S.L. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
17. Reviews and Ratings
17.1 After your stay as a Guest, you may be able to post reviews of Hosts or accommodations through the Glamping Hub Platform. Please be aware that all User reviews are subject to the Content license listed under clause 16 of this document. If a Guest cancels their stay or leaves the accommodation before completing their stay, their right to leave a review may be revoked. We appreciate honesty and candor when providing reviews; however, we reserve the right to modify, edit, or remove any reviews that: do not provide accurate or truthful accounts of what occurred during or outside of the reservation; profanity, sexually explicit content, hate or discriminatory speech, threats, or violence; mention of full names or other personal information; personal attacks toward Hosts or Glamping Hub staff; anything that promotes illegal activities; personally discounting other Guests’ reviews of the property; or politically insensitive comments. All publication of reviews is at the discretion and judgment of Glamping Hub; and we reserve the right to edit, refuse, or remove reviews from the Site.
18.1The Site may contain links to third-party websites or resources. You acknowledge and agree that Glamping Hub is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to said websites or resources do not imply any endorsement by Glamping Hub of these websites or resources or the content, products, or services available from these websites or resources. You acknowledge sole responsibility for and assume all risk that may arise from your use of any such websites or resources or the Content, products, or services on or available from these websites or resources.
19. Compliance With Laws and National Regulations
19.1 Glamping Hub is not responsible for the violation of any laws while using our Site. Guests and Hosts must comply with all national, state, local, or U.S. federal laws, ordinances, regulations and requirements related to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance, anti-discrimination, fair housing laws, etc., including card network operating rules regarding their use of our Site, the Booking, and any Service provided.. Our Site and any services offered are void where prohibited. Though Glamping Hub is not a party to any rental transactions and assumes no liability for legal or regulatory compliance pertaining to rentals of accommodations listed on the Stie, Glamping Hub may provide information relating to listings and Bookings to governmental bodies and other third parties as it deems necessary to comply with applicable law in its sole discretion.
20.1 All Guests and Hosts agree that Glamping Hub is not a party to any contracts created by and between a Guest and a Host, including, but not limited to, short-term rental agreements. Glamping Hub is merely a website, platform, set of tools, and/or simply a service that helps connect Guests and Hosts. This is true even if Glamping Hub allows you to book a rental or provides other ancillary products or services, as the Site may facilitate Booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between Users. As a result, any part of an actual or potential transaction between a Guest and a Host, including the quality, condition, safety or legality of the accommodations advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any User or accommodation), the ability of Hosts to rent an accommodation or the ability of a Guest to contract for properties are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a Booking or purchasing a product or service and Glamping Hub or one of its affiliates may place additional restrictions on your Booking, product or service. YOU AGREE THAT WE ARE NOT LIABLE FOR AND CANNOT ACCEPT ANY LIABILITY IN CONJUNCTION WITH ANY CONTRACT CREATED BETWEEN YOU AND A THIRD PARTY. WE DO NOT TRANSFER LEGAL OWNERSHIP, TITLE, OR RIGHT TO ANY PROPERTIES OR LISTINGS THROUGH OUR SITE OR SERVICE.
21. Payments Collection Agent
21.1 Each Host collecting payment for Bookings made via the Site hereby appoints Glamping Hub or the PSP, as applicable, as its payment collection agent solely for the limited purpose of accepting funds from Guests purchasing such services. Each Host agrees that payment made by a Guest through Glamping Hub or the PSP, shall be considered the same as a payment made directly to the Host, and the Host will make that same accommodation available for the Guest's stay; according to the reservation details (e.g. dates, number of Guests, type of accommodation, etc.) as if the Host has received the payment in full directly from the Guest . Each Host agrees that Glamping Hub may refund the Guest in accordance with these Terms of Service. Each Host understands that Glamping Hub’s and PSP’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Glamping Hub guarantees payments to Hosts only for such amounts that have been successfully received by Glamping Hub from Guests in accordance with these Terms of Service. In accepting appointment as the limited payment collection agent of the Host, Glamping Hub assumes no liability for any acts or omissions of the Host.
21.2 Each Guest acknowledges and agrees that, notwithstanding the fact that neither Glamping Hub, nor the PSP, is not a party to the agreement between you and the Host, Glamping Hub or PSP acts as the Host’s payment collection agent for the limited purpose of accepting payments from Guests on behalf of the Host. Upon your payment of the funds to Glamping Hub or the PSP, your payment obligation to the Host for the agreed upon amount is extinguished, and Glamping Hub or the PSP is responsible for remitting the funds to the Host in the manner described in these Terms of Service or the PSP Service Agreement, as applicable. In the event that Glamping Hub of the PSP does not remit any such amounts, the Host will have recourse only against Glamping Hub or the PSP and not the Guest directly.
21.3 Both Host and Glamping Hub agree that no other agency relationship is formed between you and Glamping Hub. Except as expressly stated otherwise, the Host agrees that he/she is not an independent contractor, partner, joint venture, franchisee, agent, or employee of Glamping Hub. The Host agrees that he/she shall not misrepresent his/her relationship with Glamping Hub to any third parties.
22. Electronic Communications
22.1 Unless specified otherwise by Glamping Hub, the communications between a User and Glamping Hub are by electronic means, whether you visit the Site, Platform, Software, or Service or send Glamping Hub e-mails, or whether Glamping Hub posts notices on the Software, Site, or Service or communicates with you via email. Glamping Hub may deem necessary or convenient the use of a phone call for dealing with some issues, and it is hereby authorized to use it as form of communication. For contractual purposes, and for the normal execution of the services subject of this agreement, you (1) consent to receive communications from Glamping Hub in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other information that Glamping Hub provides to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect your statutory rights.
22.2 Prior to his or her stay, the Guest agrees to receive an email every time the status of the Booking request undergoes a change of any kind, including, but not limited to, a message from the Host, an offer received, a confirmed Booking, a declined Booking, etc.
22.3 After a Booking has been confirmed on Glamping Hub, Guests agree to receive (i) an email confirming the reservation with the Host contact details and address of the property, the dates of the reservation, and any additional information that the Host provides regarding check-in, (ii) an email 48 hours before check-in date reminding Guests of the upcoming reservation, (iii) any emails from Hosts or Glamping Hub staff regarding the reservation, and (iiii) an email after the reservation has taken place asking the Guest to rate their stay, leave a review, and/or shared pictures from the stay.
22.4 Guests are able to opt in or out of any other promotional emails or newsletters in their GH dashboard under “Account Settings” or by clicking unsubscribe. Additionally, Guests can also email Glamping Hub at firstname.lastname@example.org for any questions or concerns regarding email communication with Glamping Hub.
23. Term, Termination and Glamping Hub Account Cancellation
23.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Glamping Hub terminate the Agreement in accordance with this provision.
23.2 Please be aware that Glamping Hub is not required to allow a User to register or create a Glamping Hub Account through our Service, and we may, at our discretion, refuse to provide you with an Glamping Hub Account for any reason.
23.3 We may, without liability to the User, (a) terminate these Terms or User’s access to our Site, and/or (b) deactivate or cancel the User’s Glamping Hub Account, with or without prior notice and at any time, if the User has materially breached his or her obligations under these Terms and/or if the User has violated applicable laws, regulations, or third-party rights.
23.4 Upon termination, we will promptly pay you any amounts we reasonably determine we owe you in our discretion or which we are legally obligated to pay you. In the event Glamping Hub terminates these Terms or your access to our Site or deactivates or cancels your Glamping Hub Account, you will remain liable for all amounts due hereunder.
23.5 You may cancel your Glamping Hub Account at any time. Please note that if your Glamping Hub Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or User feedback.
23.6 Notwithstanding what is stated above, this does not apply to your personal data, which you will be able to consult, restrict, erase, or obtain at any given moment, in accordance with our Data Protection Policy. You may terminate the Terms or cancel your Glamping Hub Account by notifying email@example.com so that we can remove your content from the Site.
23.7 If you cancel your Glamping Hub Account as a Host, any confirmed Booking(s) will be automatically cancelled, and your Guests will receive a full refund. If you cancel your Glamping Hub Account as a Guest, any confirmed Booking(s) will be automatically cancelled and any refund will depend upon the terms of the cancellation policy.
24.1 The Site, any Site content, or any User Content found within the Site are provided as is, without warranty of any kind, either express or implied. Without limiting the foregoing, Glamping Hub explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Glamping Hub makes no warranty that the Site, Content, and Site content, including, but not limited to, the Listings or any accommodations, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Glamping Hub makes no warranty regarding the quality of any Listings, accommodations, content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Site. You are solely responsible for all of your communications and interactions with Hosts and/or Guests of the Site and with other persons with whom you communicate or interact as a result of your use of the Site, including but not limited to any Hosts or Guests. You understand that Glamping Hub does not make any attempt to verify the statements of any Users of the Site or to review or visit any accommodations. Notwithstanding Glamping Hub's appointment as the Limited Payments Collection Agent of the Hosts for the purpose of accepting payments from Guests on behalf of the Hosts, Glamping Hub explicitly disclaims all liability for any act or omission of any Guest, Host or other third party.
24.2 If we choose to conduct identity verification or background checks on any member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a member or guarantee that a member will not engage in misconduct in the future.
24.3 You agree that Host services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host services. You assume full responsibility for the choices you make before, during and after your participation.
24.4 If you are bringing a minor as an additional Guest, you are solely responsible for the supervision of that minor throughout the duration of your Host service and to the maximum extent permitted by law, you agree to release and hold harmless Glamping Hub from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host service or in any way related to your Host service. The foregoing disclaimers apply to the maximum extent permitted by law.
25. Limitation of Liability
25.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, your Listing or Booking of any accommodations via the Site, and any contact you have with other Users of glampinghub.com whether in person or online remains with you. Glamping Hub does not provide any liability insurance or warranty and is not liable for any damage, injury, or harm that occurs to Hosts or their accommodation by a Guest or likewise to a Guest during their stay. Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, our liability is then limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
25.2 IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.
25.3 YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IN THE EVENT THAT WE MAY NOT LIMIT OUR LIABILITY, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
26. Entire Agreement
26.1 These Terms, along with the Data Protection Policy and the Cancellation Policy constitute the entire and exclusive understanding and agreement between Glamping Hub and you regarding the Site and any Bookings or Listings of accommodations made via the Site. These Terms supersede and replace any and all prior oral or written understandings or agreements between Glamping Hub and you regarding Bookings, Listings of accommodations, or the Site.
27.1 You may not assign or transfer these Terms, by operation of law or otherwise, without Glamping Hub's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Glamping Hub may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
28.1 You agree to defend, indemnify, and hold harmless Glamping Hub, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- · Your use of and access to the Glamping Hub Site;
- · Your violation of any term of these Terms; Your violation of any third-party right, including without limitation any copyright, property, or data protection right; or
- · Any claim that any of your Content or actions through Glamping Hub caused damage to a third party.
28.2 This defense and indemnification obligation will survive this Agreement and your use of the Glamping Hub Site. You also agree that you have a duty to defend us against such claims, and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
29. Choice of Law and Settlement of Disputes
29.1 If you are a resident of the U.S., Canada, or any other country that does not belong to the European Economic Area, the interpretation of this agreement will be performed in accordance with the State of California and U.S. legislation. The offer and acceptance of this contract is deemed to have occurred in the State of California. In this case, and in case of needing a settlement of a dispute, the parties will submit themselves before the courts in the State of California.
29.2 If you are a resident of any of the countries within the European Economic Area, the interpretation of this agreement will be performed in accordance with Spanish legislation. The law choice does not affect their rights as a consumer in accordance with the legislation aimed to protect the consumers and Users of their country of residence within the European Economic Area. (The offer and acceptance of this contract is deemed to have occurred in the State of Spain). In this case, and in case of needing a settlement of a dispute, the parties will submit themselves to the European Online Dispute Resolution.
30. Force Majeure
30.1 You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
31.1 In the event that a provision of the Terms is found to be unlawful, conflicting with another provision of these Terms, or otherwise unenforceable, these Terms will remain in force, as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms are deemed to conflict with each other's operation, Glamping Hub shall have the sole right to elect which provision remains in force.
32.1 We reserve all rights permitted to us under these Terms, as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
33. Class Action Waive
33.1 You and Glamping Hub agree that any proceedings to resolve or litigate any dispute, whether through a court of law or arbitration, shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
34. California Users
34.1 Pursuant to California law, if you are a California resident and have further questions about Glamping Hub, please contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
35. Responsibility for Travel Protection Insurance
35.1 Guest hereby to acknowledges and agrees that as between Glamping Hub and Guest, it is Guest’s sole responsibility to obtain third party trip protection insurance to cover trip cancellation/interruption costs, medical costs in case of injury and accident damage costs.