The Terms and Conditions for Prospective Renters of Vehicles
Introductory provisions
These Business Terms and Conditions (hereinafter "the Terms and Conditions") regulate the legal relationship between us, as Campiri s.r.o., with registered office at Rozkošného 762/5, 150 00 Praha 5, No.: 09283447, (hereinafter also referred to as "Campiri"), and you, as the Prospective Renter, created in connection with the use of the Application and providing of the Service.
Please keep in mind that contractual penalties (sanctions) in the form of Cancellation Fees may be imposed on the Prospective Renter on the basis of these Terms and Conditions. However, they may be required from the Prospective Renter only in selected cases, which are connected with the cancellation of a Booking or the Prospective Renter´s failure to enter into the Rental Agreement. Particular wording of the provisions containing the Prospective Renter´s obligation to pay the Cancellation Fee is stated in paragraphs 7.4.4, 7.10 to 7.12 and are highlighted in bold print.
Definition of Terms
These Terms and Conditions contain capitalized terms, which have the meaning stated in the following definitions:
Administrative Fee r refers to the fee the Prospective Renter is obliged to pay to Campiri for making a Vehicle Booking. Its amount is determined in paragraph 7.3 of the Terms and Conditions.
Application refers to the "Campiri" online application, which is available on the Web upon the Registration, and which can be used by registered Prospective Renters to enter into a Booking Contract with Campiri in order to arrange the execution of a Rental Agreement with Owners.
Campiri refers to Campiri s.r.o., Company Registration No.: 09283447, registered office at Rozkošného 762/5, 150 00 Praha 5, a company entered in the Commercial Register under file no. C 345166 at the Municipal Court in Prague, e-mail address: ideme@campiri.sk, telephone number: +420 737 619 111, as the provider of the Service. The above-mentioned is fulfilled information obligation within the meaning of § 4 of the Electronic Commerce Act No. 22/2004 Coll.
Vehicle Detail refers to the description of a Vehicle available on the Web and the basic information about the conditions of the Rental Agreement; however, it is not an offer to enter into a Booking Contract or Rental Agreement.
Licence refers to a non-exclusive licence to use the Application granted by Campiri to the Prospective Renter under the conditions specified in these Terms and Conditions.
Rental refers to the legal relationship between the Owner and the Prospective Renter, within which the Owner is obliged to leave a Vehicle for the temporary use of the Prospective Renter, and the Prospective Renter is obliged to pay the Rent for the use of the Vehicle to the Owner.
Rent refers to the price specified in the Vehicle Detail or determined within the communication between Campiri and/or the Owner and the Prospective Renter in the Application according to the IProspective Renter´s selection of the duration of the Rental and accessory equipment and services, which the Prospective Renter undertakes to pay under the Rental Agreement to the Owner for the Vehicle Rental. The Rent refers to the total amount, which includes also voluntary supplement charges paid by the Prospective Renter for accessory equipment and services of the Owner in excess of the basic equipment and services (especially complementary accessories, cleaning of the Vehicle, etc.), which the Renter can choose in the Vehicle Detail, or which is offered to the Renter within communication with Campiri and/or the Owner, prior to the execution of the Booking Contract; the Rent does not include contractual penalties.
Rental Agreement refers to a contract made between the Owner and the Prospective Renter establishing the Rental; it shall be executed only upon handover of the Vehicle on the day of the commencement of the Rental.
Civil Code refers to Act No. 89/2012 Sb., the Civil Code, as amended.
Substantiated Circumstances refer to circumstances substantiating the remission of the Cancellation Fee. Substantiated Circumstances include especially Force Majeure Obstacles or any other events, which were not caused by the Prospective Renter or Campiri, which they could not have anticipated or avoided or averted even if they had made maximum efforts (especially unexpected death; serious illness or injury, theft or damage to the Vehicle by a third party and others).
Immediate Booking refers to a Booking made on the basis of a Request made by the Prospective Renter, i.e. without the necessity to verify the availability of the Vehicle with the Owner. Unless excluded by the character of provisions or the meaning of the term "Immediate Booking", every time these Terms and Conditions mention a Booking, it refers to an Immediate Booking.
Terms and Conditions refer to these Campiri Terms and Conditions.
Request refers to the Prospective Renter´s activity consisting in responding to a Vehicle Detail in order to enter into a Booking Contract, Vehicle Booking and arrangment of the execution of a Rental Agreement; a request can be made only by registered Prospective Renters via the Application or any other electronic way enabled by Campiri.
Owner refers to an owner of Vehicles who, on the basis of a Brokerage Contract, provides information to Campiri about Vehicles to be offered for rent, checks the availability of Vehicles and suggests new options of Rental that differ from the Request, and enters into a Rental Agreement with the Prospective Renter.
Force Majeure Obstacle refers to an event which meets cumulatively the following conditions: i.it prevents any Contracting Party from meeting its obligations resulting from the Contract, Booking Contract or Rental Agreement (the objective impossibility is in causal link to this event); ii.this event could not have been found or anticipated by the relevant Contracting Party even with professional efforts prior to the conclusion of the Contract, Booking Contract or Rental Agreement; iii.this event cannot be influenced by the Contracting Parties and the parties could not have prevented the event. Mezi případy vyšší moci náleží zejména přírodní katastrofy (zejm. požáry, výbuchy, zemětřesení, přílivové vlny, povodně, epidemie); válka, ozbrojené konflikty (ať byla vyhlášena válka či nikoli), invaze, akt nepřátelského státu, mobilizace, zabavení majetku nebo embarga; povstání, revoluce nebo vojenské či ozbrojení či násilné převzetí moci, nebo občanská válka; nepokoje, srocení nebo akty či hrozby terorismu.
Login data refers to the unique combination of the Prospective Renter´s login and password selected by them, which are saved by the Prospective Renter in the Application database at the creation of the User Account via the Application and/or which are generated by the Application automatically for the Prospective Renter. At the Registration, Campiri may ask the Prospective Renter to provide other data in addition to the Login Data as required for the execution of the Booking Contract and the Rental Agreement, such as the information about the driving licence.
Registration refers to the creation of the User Account in the Application.
Booking refers to a Vehicle booking made by Campiri on the basis of a Booking Contract for the purposes of the execution of a Rental Agreement between the Prospective Renter and Owner, upon verification of the availability of the Vehicle by the Owner, unless it is an Immediate Booking.
Booking Contract se rozumí smlouva uzavřená mezi Campiri a Zájemcem, na základě které se Campiri zavazuje Zájemci rezervovat Vozidlo, zprostředkovat Zájemci uzavření Nájemní smlouvy, a Zájemce se zavazuje zaplatit Campiri Administrativní poplatek a Rezervační zálohu způsobem uvedeným dále v těchto Podmínkách.
Booking Deposit refers to the amount corresponding to the Rent, which is paid by the Prospective Renter to Campiri under the Booking Contract and which will be set off against the Rent if the Rental Agreement is made, or which will be used to cover any contractual penalties or other liabilities of the Prospective Renter against Campiri, especially any monetary compensation of damage caused by the breach of the Prospective Renter´s obligations specified in these Terms and Conditions.
Service refers to the Campiri service consisting in the arrangement of the execution of the Rental Agreement on the basis of the Booking Contract, including the arrangement of the payment of the Rent by means of the Booking Deposit and/or other payments made under these Terms and Conditions.
Cancellation Fee refers to a contractual penalty, which must be paid by the Prospective Renter to Campiri in case of the cancellation of a Booking under the conditions specified in these Terms and Conditions.
Contract refers to the contract for the use of the Application made between Campiri and Prospective Renter in accordance with these Terms and Conditions.
Brokerage Contract refers to the contract made between Campiri and Owner, on the basis of which Campiri arranges the execution of Rental Agreements for the Owner.
Consumer Consumer is understood within the meaning of Section 52 (4) of the Civil Code to be any natural person who, when concluding and performing a consumer contract, does not act within the scope of his/her trade or other business activity, and is also understood within the meaning of Section 2 of Act No. 250/2007 Coll. on consumer protection, a individual person who, when concluding and performing a consumer contract, does not act within the scope of his or her business activity, employment or profession.
Entrepreneur refers within the meaning of Section 2 of Act No. 513/1991 Coll. of the Commercial Code, to a person who is registered in the Commercial Register; a person who operates on the basis of a trade licence; a person who operates on the basis of a licence other than a trade licence pursuant to special regulations; a person who carries out agricultural production and is registered in the register pursuant to a special regulation.
User Account refers to the non-public part of the Web, which is available to the Prospective Renter only after entering the Login Data, and on the basis of which they can use the Application.
Vehicle refers to a recreational vehicle, campervan or any other motor vehicle intended for temporary living, which is offered on the Web by the Owner via Campiri to an unlimited group of Prospective Renters for the purposes of Rental.
Web refers to web site https://www.campiri.com/sk-sk, where Campiri offers the arrangement of the Vehicle Rental and by means of which Campiri enables the Prospective Renters to make the Registration in the Application.
Prospective Renter refers to a natural person or legal entity browsing the Web and using the Application in order to select and/or make a Request in order to enter into the Rental Agreement with the Owner via Campiri, as well as the Contracting Party to the Booking Contract.
Terms and Conditions of the Use of the Application
Campiri enables any person to visit the Web, browse its content free of charge, including Vehicle Details, even without the Registration.
In order to use the Application, which serves for making a Request and then entering into a Booking Contract, the Registration is required. Within the Registration, the Prospective Renter gives their consent to these Terms and Conditions. By completing the Registration, the Prospective Renter enters into a Contract with Campiri, with the content determined by these Terms and Conditions.
Role of Campiri in operating the Application and providing the Service
Campiri operates the Application free of charge. If a Prospective Renter wishes to use the Campiri Service, i.e. to enter into a Booking Contract with Campiri, Campiri will charge the Administrative Fee for the execution of each Booking Contract. The Booking Deposit paid by the Prospective Renter to Campiri after the execution of the Booking Contract will be set off against the payment of the Rent provided that the Rental Agreement has been made; or, in case the Prospective Renter cancels the Booking, it may be set off against the payment of Cancellation Fees or any other receivables of Campiri from the Prospective Renter under these Terms and Conditions.
Campiri provides the Service and acts towards the Prospective Renter separately, independently and at its expense and liability, unless otherwise stated by these Terms and Conditions.
The Prospective Renter acknowledges that Campiri is entitled to check the identity and other information about the Prospective Renter in public registers, and if Campiri finds any disagreement between the information and the records in the public registers, or if the information about the Prospective Renter indicates that their ability to meet their duties could be limited, Campiri is entitled to limit the use of the Service during the existence of such an obstacle.
4.4. Campiri is neither the party nor the enjoined party to relations created on the basis of the Rental Agreement between the Prospective Renter and the Owner, it has no rights and is not bound by any duties resulting from those relations, including the obligation to compensate the Prospective Renter or Owner for any damage caused as a result of a breach of contractual or statutory obligations connected with the Rental Agreement, except for the rights and duties resulting from its position of an intermediary resulting from the Brokerage Contract; in particular, on the basis of the Brokerage Contract, Campiri arranges the payment of the Rent from the Booking Deposit paid by the Prospective Renter for the Owner.
User Account Registration
Making a Request and subsequent execution of the Booking Contract and Rental Agreement are conditioned by making the Registration.
The Prospective Renter will make the Registration and open the User Account by entering the Login Data and other mandatory data required for making the Registration.
During the Registration, the Prospective Renter will check off the consent to these Terms and Conditions by clicking on the relevant box ("checkbox"), or is informed how they express their consent to the Terms and Conditions. By sending the registration form, the Prospective Renter expresses their consent to these Terms and Conditions with the binding force.
In case of succesful Registration, Campiri will send e-mail generated automatically to the Prospective Renter containing instructions for the activation of the User Account. By activating the User Account by the User, the Registration is completed and the Contract between the Prospective Renter and Campiri is made.
The Prospective Renter shall be solely responsible for the truth and accuracy of the statements and data stated by the Prospective Renter at the Registration and in the User Account, including the responsibility resulting from the incorrect or false statement of data.
The Prospective Renter undertakes to keep the data stated in the User Account accurate, complete and up-to-date.
The Prospective Renter is not entitled to register more than one User Account in the Application without prior consent of Campiri.
The Prospective Renter is not entitled to enable any third person to use the User Account, and undertakes to keep the Login Data confidential. The Prospective Renter also undertakes to inform Campiri without undue delay, if they find out or believe that the Login Data have been stolen or that the User Account might be compromised or used without authorisationb.
Contract, Use of the Application
Subject-Matter. Under the Contract, the Prospective Renter is entitled to use the Application as of the completion of the Registration, and, as of that moment, they are bound by the licensing conditions and other obligations defined in this article.
Licence.Campiri grants a Licence to the Prospective Renter to use the Application to the extent and under the conditions defined in the user interface of the Application and under the following conditions:
The licence is non-exclusive, free of charge, without any territorial and quantity limitation for the duration of the Contract; Campiri reserves the right to change the territorial and quantity extent of the Licence.
After the expiration of the Licence, Campiri is entitled to disable the Prospective Renter to access the User Account.
The Prospective Renter is not entitled to grant a sublicence for the use of the Application to any third person.
The Interested Party does not have the right to grant a sub-license to a third party to use the Application. Unless precluded by their nature, the Applicant's obligations under this clause shall survive the termination of the Agreement.
Use of the Application. The Prospective Renter is entitled to use the Application in accordance with Licence conditions and under the following conditions:
The Prospective Renter undertakes to follow these Terms and Conditions in using the Application and all instructions and rules specified in the Application, and to act so that no loss is incurred by them, Campiri or other persons as a result of the use of the Application. In particular, the Prospective Renter: i.must present documents proving the Prospective Renter´s compliance with these Terms and Conditions to Campiri upon its request. Campiri is entitled to limit or discontinue the Services until the Prospective Renter´s compliance with these Terms and Conditions has been proved; ii.must not data mine the database which is part of the Application by means of the Application in any way; iii.must not attempt to discover the source code of the Application or interfere with it in any way, especially they must not modify, change, use it for their own needs or for business or other purposes not explicitly permitted by these Terms and Conditions; iv.must no use the internal channels for communication with Campiri for advertising purposes, including the sending of commercial messages, or for distributing improper, immoral or disturbing content.
The Prospective Renter acknowledges that the communication between the Prospective Renter and Campiri and between the Prospective Renter and Owner in the Application is not provate, and that Campiri is entitled to disclose the content of the communication to investigative, prosecuting and adjudicating bodies and the Owner in order to ensure the security of the Application and protect the interests of Campiri, Prospective Renter and Owner.
The Prospective Renter acknowledges and agrees that all data entered in the database of the Application are part of the database created by Campiri and become its integral part without creating any right of the Prospective Renter with respect to the database of the Application.
Operation of the Application, providing the Service by Campiri.Campiri is entitled:
to put the Application or any part thereof out of operation, modify or disable the access thereto, for any reason, especially due to maintenance of the hardware or software equipment of Campiri or third persons used for the operation of the Application, or in order to update the Application. Campiri may inform the Prospective Renter in advance about the interruption of the operation, modification or disabling the access to the Application, via the Application or by e-mail sent to the e-mail address stated in the User Account;
to limit or discontinue the providing of the Service to the Prospective Renter even without prior notice, especially to disable the Prospective Renter to make Requests, on the basis of suspicion that the Prospective Renter breaches these Terms and Conditions, has been subject to an insolvency proceedings conducted against them, or has committed any other unlawful acts that could affect the proper performance of the Contract of the Booking Contract;
to transfer the Contract or its rights or obligations resulting from the Contract or Booking Contract to a third person, the Prospective Renter giving their explicit consent thereto; the transfer shall be effective as of the delivery of the Campiri´s notice of transfer to the Prospective Renter´s e-mail address stated in the User Account.
Duration of the Contract.The Contract has been made for an indefinite period of time.
Termination of the Contract.The Contract may be terminated under the conditions specified in these Terms and Conditions:
by termination by the Prospective Renter or Campiri;
by cancellation of the User Account by the Prospective Renter or Campiri.
The Prospective Renter is entitled to cancel the User Account without stating the reason. by e-mail sent to the e-mail address of Campiri stated in the user interface of the Application or in these Terms and Conditions, with effect as of the delivery of the e-mail to Campiri (ideme@campiri.sk). However, the Prospective Renter is not entitled to cancel the User Account if there are any existing obligations of the Prospective Renter from the Booking Contract at the moment of the cancellation of the User Account.
Cancellation of the User Account by the Prospective Renter. The Prospective Renter is entitled to cancel the User Account without stating the reason, by e-mail sent to the e-mail address of Campiri stated in the user interface of the Application or in these Terms and Conditions, with effect as of the delivery of the e-mail to Campiri. However, the Prospective Renter is not entitled to cancel the User Account if there are any existing obligations of the Prospective Renter from the Booking Contract at the moment of the cancellation of the User Account.
Cancellation of the User Account by Campiri.Campiri is entitled to terminate the Contract without a period of notice by e-mail sent to the e-mail address of the Prospective Renter stated in the User Account, and then cancel the User Account if:
the Prospective Renter has not logged in their User Account for more than 1 year even after the prior notice;
the Prospective Renter has breached any of their obligations stated in these Terms and Conditions.
Campiri cannot cancel a User Account if there are any obligations of the Prospective Renter from the executed Booking Contract at the time of the cancellation of the User Account. However, it is entitled to limit or discontinue the providing of the Service pursuant to paragraph 6.4.1.
Renewal of the User Account.In case of the termination of the Contract, the Prospective Renter is not entitled to renew the User Account or create a new User Account, unless otherwise decided by Campiri. The Prospective Renter acknowledges that if a new User Account is created, Campiri reserves the right to remove the User Account without further notice.
Consequences of the Termination of the Contract.As a result of the expiration of the period of notice or cancellation of the User Account, Campiri will disable the Prospective Renter´s access to the User Account and will remove the data contained therein, unless they are inevitable for checking the performance of the Contract, Booking Contract or the Brokerage Contract, protection of the rights of Campiri, Prospective Renter or Owner, or the meeting of duties resulting from legal regulations.
Booking contract with Campiri
Subject-Matter. On the basis of the Booking Contract, Campiri undertakes to make a Booking of a Vehicle requested by the Prospective Renter, arrange the execution of the Rental Agreement between the Prospective Renter and the Owner, and, on the basis of the Brokerage Contract, deliver the Booking Deposit paid by the Prospective Renter for setoff against the Rent. The Prospective Renter undertakes to pay Campiri the Administrative Fee, to pay the Booking Deposit, and to comply with other obligations specified in these Terms and Conditions below.
Execution of the Booking Contract.The Prospective Renter is entitled to make a Request. The Booking Contract shall be made under the following conditions:
Unless it is an Immediate Booking, Campiri will ensure a Request is sent to the Owner in order to check the availability of the Vehicle, or it will check the availability by itself. Campiri guarantees the Prospective Renter that Campiri or the Owner will respond to the Request without undue delay after the delivery of the Request. If the Vehicle is available, the Request will be confirmed by the Owner or Campiri; then the Prospective Renter will send a binding confirmation of the Request and will propose to enter into the Booking Contract; then Campiri will send an e-mail containing the confirmation of the Booking to the Prospective Renter. At the time of delivery of the e-mail containing the confirmation of the Booking to the Prospective Renter, the Booking Contract is made. If the Vehicle is not available, Campiri itself or via the Owner will propose to change the Request, especially the arrangement of the execution of the Rental Agreement for another Vehicle, on a different time, or to order accessory services. Campiri guarantees that the Prospective Renter will have an opportunity to confirm the new Request within 48 hours after the delivery of that proposal. If the Prospective Renter confirms the new proposal, Campiri will send them an e-mail confirming the Booking. At the moment of delivery of an e-mail containing the confirmation of the Booking to the Prospective Renter, the Booking Contract is made, containing the new offer of Campiri. If the Prospective Renter rejects the new proposed Request, the Request will be cancelled. The Request may be cancelled also in the case that the Prospective Renter does not respond to the new Request within 48 hours following the delivery of the new Request.
If it is an Immediate Booking, the Booking will be conducted on the basis of the Request made by the Prospective Renter. On the basis of the Request, Campiri will send an e-mail to the Prospective Renter, containing the confirmation of the Booking. Upon delivery of that e-mail, the Booking Contract is made.
The remaining conditions of the Booking Contract (beyond the proposal of Campiri/Prospective Renter) shall be determined by these Terms and Conditions.
Administrative Fee.The Prospective Renter undertakes to pay Campiri the Administrative Fee for the arrangement of the Rental Agreement amounting to 10% of the Booking Deposit under the Booking Contract; Campiri reserves the right to provide the Prospective Renter with a discount on the Administrative Fee for selected Bookings. The Administrative Fee is paid along with the first instalment of the Booking Deposit upon the execution of the Booking Contract at the latest, as defined in paragraph 7.4.3 of the Terms and Conditions, in the manner specified in paragraph 7.4.1 of the Terms and Conditions for the Booking Deposit. If the Prospective Renter fails to pay the Booking Deposit within the timelimits specified in paragraph 7.4.3 of the Terms and Conditions, Campiri is entitled to withdraw from the Booking Contract. The Administrative Fee is non-refundable, unless the Prospective Renter is a Consumer, and:
The Prospective Renter terminated the Booking Contract due to a provable breach of the Campiri´s obligations, or
Campiri terminated the Booking Contract without stating the reason.
the Booking Deposit (in bold about the cancellation fee).The Prospective Renter undertakes to pay Campiri the Booking Deposit under the Booking Contract, under the following conditions:
According to options set up by Campiri in the Vehicle Detail, the Booking Deposit can be paid as follows: i.by a payment card (debit or credit); ii.by noncash transfer to the Campiri´s bank account, including QR payments if this is offered.
The Prospective Renter´s obligation to pay the Booking Deposit or any part thereof, which should be paid by a particular date, shall be met at the moment of crediting the Campiri´s bank account.
Immediately after the execution of the Booking Contract, within 2 working days at the latest, the Prospective Renter will pay the Booking Deposit to Campiri, amounting to 50% of the Rent. If the Booking Contract was executed less than 14 days prior to the date of the execution of the Rental Agreement agreed in the Booking Contract (the date of the handover of the Vehicle), the Prospective Renter will pay the Booking Deposit amounting to 100% of the Rent by the deadline specified in this paragraph. If the Prospective Renter fails to pay the Booking Deposit by the deadlines specified in this paragraph, Campiri is entitled to withdraw from the Booking Contract.
7.4.4. If the Booking Deposit has not been paid in the amount of 100% of the Rent, the Prospective Renter will pay the rest of the Booking Deposit amounting to 50% of the Rent to Campiri within 14 days prior to the agreed date of the execution of the Rental Agreement at the latest (the date of the handover of the Vehicle by the Owner). If the Prospective Renter fails to pay the rest of the Booking Deposit by the deadline specified in this paragraph, Campiri is entitled to withdraw from the Booking Contract; in that case, the Prospective Renter is obliged to pay Campiri the Cancellation Fee as in the case of the cancellation of the Booking within that period of time pursuant to paragraph 7.10.
Rental Agreement.The Rental Agreement is made under the following conditions:
The Rental Agreement is made as of the handover of the Vehicle on the agreed date of the commencement of the Rental according to the Booking Contract.
The Prospective Renter acknowledges that the Owner may limit who can enter into the Rental Agreement with the Owner, especially in terms of age and driving licence applicable for the requested type of the vehicle on the territory of states, on which the Vehicle is to be used as of the execution of the Rental Agreement. Such limitations will be stated in the Vehicle Detail. By giving their consent to the Terms and Conditions, the Prospective Renter states with a binding force that they meet the conditions for the execution of the Rental Agreement (use of the Vehicle).
The rights and obligations of the Prospective Renter shall be governed by the Rental Agreement under the conditions determined by the Owner and agreed in the Booking Contract. Campiri guarantees that the conditions of the Rental agreed in the Booking Contract (especially the Rent, duration of the Rental, services ordered in the Rent, contractual penalties and fees) shall be preserved in the Rental Agreement.
The Prospective Renter and the Owner are deemed to have entered into the Rental Agreement by the agreed date unless otherwise proved by the Prospective Renter or Owner.
Campiri´s Obligations.Campiri undertakes to:
to book a Vehicle for the Prospective Renter as agreed under the Booking Contract;
to provide the Prospective Renter with identification and contact details of the Owner within 7 days prior to the date of the execution of the Rental Agreement agreed in the Booking Contract (the date of the handover of the Vehicle);
to ensure that the Owner will receive the Booking Deposit in connection with the execution of the Rental Agreement, the Rent in the amount equalling the paid Booking Deposit being paid to the Owner thereby;
to refund the Booking Deposit and/or its part to the Prospective Renter if the Rental Agreement is not made and provided it has been agreed in these Terms and Conditions, under the conditions related to the cancellation of the Booking and non-execution of the Rental Agreement stated in paragraphs 7.10–7.11;
to provide the Prospective Renter with all the necessary assistance that may be required from Campiri, enabling the Prospective Renter to enter into the Rental Agreement.
Other Obligations of the Prospective Renter.The Prospective Renter undertakes to:
to provide Campiri will all necessary assistance that may be required, and to take all measures to ensure that the Rental Agreement is made on the date agreed in the Booking Contract (the date of the handover of the Vehicle);
to prove to Campiri that the Rental Agreement has not been made and for what reason, if the Rental Agreement is not made for reasons on the part of the Owner or due to a Force Majeure Obstacle, and the Prospective Renter requires a refund of the Booking Deposit; otherwise the Prospective Renter acknowledges that they are not entitled to a refund of the Booking Deposit under these Terms and Conditions.
Modification of the Booking Contract. The Booking Contract may be amended upon agreement between the Prospective Renter and Campiri. The Prospective Renter acknowledges that this modification can lead to a change in the date of the execution of the Rental Agreement (the date of the handover of the Vehicle).
Duration. The Booking Contract is made for a definite period of time, until the execution of the Rental Agreement as agreed in the Booking Contract.
Cancellation of a Booking by the Prospective Renter (in bold about the cancellation fee). The Prospective Renter is entitled to cancel a Booking and terminate the Booking Contract at any time. On the basis of the cancellation of the Booking, Campiri will refund the paid Booking Deposit to the Prospective Renter without undue delay following the cancellation of the Booking. However, the Prospective Renter acknowledges that Campiri will charge the Cancellation Fee for the cancellation of the Booking according to the following rules: The Prospective Renter will pay the Cancellation Fee to Campiri:
amounting to 0% of the total amount of the Booking Deposit if the Booking is cancelled within 2 days after the execution of the Booking Contract;
amounting to 25% of the total amount of the Booking Deposit if the Booking is cancelled after the 3rd day following the execution of the Booking Contract within 30 days prior to the agreed date of the execution of the Rental Agreement (the first day of the Rental);
amounting to 50% of the total amount of the Booking Deposit of the Booking is cancelled after the 30th day prior to the agreed date of the execution of the Rental Agreement within 14 days prior to the agreed date of the execution of the Rental Agreement;
amounting to 50% of the total amount of the Booking Deposit of the Booking is cancelled after the 30th day prior to the agreed date of the execution of the Rental Agreement within 14 days prior to the agreed date of the execution of the Rental Agreement;
Campiri will deduct the Cancellation Fee from the Booking Deposit. Campiri may refund the Cancellation Fee to the Prospective Renter, or release them from the obligation to pay it, if the Prospective Renter proves that the Booking has been cancelled as a result of a breach of the Campiri´s obligations, or if any of the Substantiated Circumstances has occurred.
Cancellation of a Booking by Campiri.Campiri is entitled to cancel a Booking and terminate the Booking Contract at any time, especially as a result of the Prospective Renter´s default of the payment of the Booking Fee, the Renter´s act or omission, or an event, on the basis of which the Vehicle cannot be used any more. In that case, Campiri will refund the Booking Deposit to the Prospective Renter without undue delay following the cancellation of the Booking, taking into account the Prospective Renter´s obligation to pay the Cancellation Fee pursuant to paragraph 7.4.4.
Non-execution of the Rental Agreement.Non-execution of the Rental Agreement shall affect the relations between the Prospective Renter and Campiri as follows:
If the Rental Agreement was not made by the date agreed in the Booking Contract for reasons on the part of the Owner, especially if the Owner had not appeared for handover, or because the Prospective Renter refused to enter into the Rental Agreement because the condition of the Vehicle had not corresponded to the description of the Vehicle in the Booking Contract or had not been roadworthy in accordance with applicable legal regulations, or if there were any documents required for the use of the Vehicle missing, the Prospective Renter will report and prove this fact and its reasons to Campiri immediately. In that case, the Prospective Renter will be entitled to a refund of the whole Booking Deposit paid.
If the Rental Agreement was not made by the date agreed in the Booking Contract because the Prospective Renter had breached their obligation to provide Campiri with all the necessary assistance and take all measures to ensure that the Rental Agreement is made pursuant to paragraph 7.7.1, the originally agreed date of the execution of the Rental Agreement shall be deemed the moment of the cancellation of the Booking; The Cancellation Fee amounting to 100% of the Booking Deposit will be charged upon the Prospective Renter.
If the Rental Agreement was not made by the date agreed in the Booking Contract due to a Force Majeure Obstacle, Campiri and Prospective Renter are entitled to terminate the Booking Contract. In that case, Campiri will refund the Booking Deposit to the Prospective Renter within 14 days after the termination of the Booking Contract, or it will issue a voucher in the amount of the Booking Deposit, which can be used for a new booking. If the Prospective Renter is a Consumer, Campiri may issue a voucher instead of a refund of the Booking Deposit only upon agreement with the Prospective Renter.
Exclusion of Liability
Campiri is not responsible for uninterrupted availability of the Web or Application, especially with regard to situations specified in paragraph 8.2 of these Terms and Conditions.
Campiri is not responsible for unavailibility of the Web or Application or non-currency of the data on the Web or Application caused by any ineterruption of the operation or dropouts of the Web or Application.
Campiri does not guarantee the truth and accuracy of the description of the Vehicle in the Vehicle Detail, the quality, safety and existence of the Vehicle, as well as the performance of the Rental Agreement by the Owner.
Campiri is not responsible for any actions of the Owner or a third person in connection with the Rental Agreement that cause any damage to the Prospective Renter.
Campiri is not responsible for any damage caused to the Prospective Renter by any breach of the security of the Web or Application as a result of facts Campiri could not have influenced in any way, especially by unauthorised disruption of the Prospective Renter´s Internet network, unauthorised access to the Prospective Renter´s devices containing the Application, or unauthorised access to the Application caused by insufficient protection of the Login Data according to paragraph 5.8 of the Terms and Conditions.
The Prospective Renter hereby explicitly waives their right to request any damages from Campiri, which have not been caused by Campiri intentionally or by gross negligence by breaching any obligation of Campiri stated in these Terms and Conditions, in the Contract or in connection with the performance of the Contract and use of the Service. This does not apply to Consumers.
Information for Consumers
This article of the Terms and Conditions is effective only with respect to the Prospective Renter, who is a Consumer.
Campiri hereby informs the Prospective Renter that:
the address for delivery of documents to Campiri is Dunajská 8, 811 08 Bratislava;
the Campiri telephone contact is +420 737 619 111;
the Campiri e-mail address is ideme@campiri.sk;
no delivery fees will be charged to the Prospective Renter;
Internet access and standard Internet browser (Google Chrome, Mozilla Firefox, Microsoft Edge, Opera, Safari etc.) are required for using the Web and Application;
the Prospective Renter is not entitled to withdraw from the Contract within 14 days after the execution of the Contract, as the Service under the Contract is provided already upon the Registration, which enables the Prospective Renter to use the Application. The Prospective Renter is entitled to withdraw from the Booking Contract without stating the reason within 14 days after the execution of the Booking Contract under the following conditions: i.The Prospective Renter explicitly agrees and requests that the performance of the Booking Contract is commenced prior to the expiration of the period of time for the withdrawal from the Booking Contract according to this paragraph; if the Prospective Renter withdraws from the Booking Contract and Campiri has commenced the providing of the Services already, Campiri is entitled to a reasonable compensation of costs for the provided part of the Service, amounting to the sum of the Administrative Fee and Cancellation Fee applicable to such withdrawal from the Booking Contract pursuant to paragraph 7.10. Campiri is entitled to set off any outstanding debts against the amounts received from the Prospective Renter. ii.The Prospective Renter may withdraw from the Booking Contract directly within communication with Campiri, but they can also use the Sample Form for withdrawal from the Booking Contract, which is attached to these Terms and Conditions as its integral part and is available on the Web too; iii.The Prospective Renter acknowledges that if Campiri has arranged the contact between the Prospective Renter and Owner for the purposes of entering into the Rental Agreement, including disclosure of the contact details of the Prospective Renter and the Owner, or if Campiri has performed the Booking Contract on the basis of the Prospective Renter´s consent within a 14-day period of time for the withdrawal from the Booking Contract, the Prospective Renter is not entitled to withdraw from the Booking Contract in accordance with this paragraph; iv.in case of withdrawal from the Booking Contract with Campiri, all obligations resulting from the contract shall be settled.
No costs of using remote communication means shall incur to the Prospective Renter with respect to Campiri.
The information about the execution of the Booking Contract including these Terms and Conditions is saved in the Campiri database, and the Prospective Renter can access them via the Application or e-mail with the Booking confirmation;
Campiri complies with all applicable and effective legal regulations of the Slovak Republic;
The Prospective Renter is obliged to comply with these Terms and Conditions, which are part of the Booking Contract, and with applicable and effective legal regulations of the Czech Republic;
Governing law
The Parties agree that all contracts and relations arising therefrom shall be governed by the laws of the Slovak Republic.
All disputes arising out of these Terms and Conditions, contractual relations between Campiri and the Applicant, as well as related disputes, including disputes concerning the validity of the concluded contracts, shall be decided exclusively by the courts of the Slovak Republic, locally competent according to the registered office of Campiri.
The selection of the law specified in paragraph 10.1 shall not affect the rights of the Consumer resulting from the generally binding legal regulations applicable to the legal relationship between Campiri and the Consumer. The prorogation (selection of the jurisdiction of the court) specified in paragraph 10.2 shall not affect the rules for the jurisdiction of courts in disputes involving Consumers.
Contracts are concluded in the Slovak language, which is also the decisive text.
Application of legal relations
Legal relations between Campiri and the Consumer not expressly governed by these Terms and Conditions shall be governed by the relevant provisions of the following laws and other related legislation:• Act No. 40/1964 Coll. Civil Code • Act No. 250/2007 Coll. on consumer protection • Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a distance contract or a contract concluded away from the seller's business premises • Act No. 22/2004 Coll. on electronic commerce • Act No 18/2018 Coll. on the protection of personal data
Legal relations between Campiri and the Applicant, who is an entrepreneur, not expressly governed by these Terms and Conditions or the Contract shall be governed by the relevant provisions of Act No. 513/1991 Coll. of the Commercial Code, as amended, as well as related regulations.
Application of the Terms and Conditions and amendment thereto
These Terms and Conditions form an integral part of the Booking Contract. The Booking Contracts that have been made already shall be governed by the Terms and Conditions effective as at the date of their execution, regardless of any change in the Terms and Conditions.
Campiri may amend the wording of these Terms and Conditions unilaterally. This does not affect the rights and obligations created during the effect of the preceding version of the Terms and Conditions. The Terms and Conditions shall be amended with respect to the rights and obligations resulting from the Contracts, on the basis of which the Prospective Renter is entitled to use the Application, under the following conditions:
Campiri is obliged to inform the Prospective Renter about any changes in the Application by e-mail sent to the e-mail address stated in the User Account or in any other suitable way so that the Prospective Renter has an opportunity to familiarise oneself with them, at least 30 days before the effective date of such a change. The wording of the Terms and Conditions is effective as of the date stated in the new version of the Terms and Conditions.
The Prospective Renter is entitled to terminate the Contract for that reason in writing within 7 days after the receipt of the notification of the change in the Terms and Conditions, under the conditions specified in paragraph 6.7. If the Prospective Renter does not terminate the Contract within the specified period of time, they are assumed to have accepted the change in the Terms and Conditions. The termination of the Contract will not affect the duration of the executed Booking Contract.
Protection of personal data
Detailed information about the protection of personal data is provided on the web site in the Personal Data Protection section.
Final provisions
Obligations of the Prospective Renter, which were created during the existence of the Contract or Booking Contract and have not been performed yet, as well as obligations, which, by their nature resulting from the Terms and Conditions, should survive the termination of the Contract or Booking Contract, especially the obligations of the Prospective Renter to indemnify Campiri for damage incurred or to pay a contractual penalty (Cancellation Fee), shall not expire upon the termination of the Contract or the Booking Contract.
Annex No. 1: The Withdrawal from Contract Sample Form is an integral part of these Terms and Conditions.
Wherever written communication is required by the law, Contract or Booking Contract or these Terms and Conditions, a message sent by e-mail or other electronic communication, which do not raise doubts about the content of the message or its sender, is acceptable.
A message addressed via electronic mail is deemed delivered at the moment when the message is sent by electronic mail, unless the addressee proves it has not been delivered thereto.
If it turns out some of the provisions of these Terms and Conditions is or becomes invalid, ineffective or non-applicable in contradiction to the will of the Prospective Renter or Campiri or that such invalidity, ineffectiveness or non-applicability will occur unavoidably (especially as a result of any change in applicable legal regulations), it shall not affect the validity, effect or applicability of the remaining provisions of these Terms and Conditions.
These Terms and Conditions become effective as of 12 April 2021.